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, AiRMOUR (£. D.. Q. C.) ON TITHES. A Treatiae on the Investigation of Tithp to 
*'. Estatea in Fee Simple, with a Precedent for an Abstract, being the Third edition 
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. BARTON ON BILLS OF SALE AND CHATTEL MOBTGAOES. Second edition. 
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BARBON'S BILLS OF EXCHANOI4 ACT OF 1890. Boards, |1 ; Half-calf, f 1.S0. 

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BINGbAY'S COUNTY CO U BT MANUAL. Adapted io the Province of Nova Scotia. 
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BLIGH A TODD'S DOMINION L.^W INDEX of all the Acts Bepealed and Unre^ 
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BOYS ON COBONEBS, A Practical Treatise on the Office and Duties of Coroners. 
By W. F. A. (Judge) Boys. Third edition. In press. 

BUBBIDOE'S - DIGEST OF CBIMINAL' LAW OF CANADA. (Crimes and 
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, BUBKE'S (Junius Jessel) LETTEBS TO A LAW STUDENT, with a set of Exami- 
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submitted at Osgoode Hall, 1887. Cloth, 91.00. 

CAMEBON'S ditches and WATEBCOUBSES act of ONTABIO, with 
notes and cases. By M. G. Cameron, 1886. Cloth, 75c. ^ 

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calf, 91.50. 

CAMEBON ON DOWEB. A Treatise on the law of Dower, giving all the Canadian 
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calf, $7.60. 

CANADIAN (THE) FRANCHISE AND ELECTION LAWS. A Manual for the 
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CANADIAN LAW TIMES (THE), 1881 to 1891. Containing Leading Articles, 
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CANADIAN LAWYEB. A concise Statement of the Law of the various Provinces 
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FOBAN'S CODE OF CIVIL PBOGEDUBE of Lower Canada, with amendments 
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GRANT'S SCOTTISH ANECDOTES AND TALES. Paper, 96o.: Cloth, 40o. 
" A capital collection, illustrative of^ national eharaotof, and sura to be 
appreciated." " An esodlmt companion for the leisnrs hoar." 



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DOCUMENTS V ' 



i^i*^/ii 



ILLCSTRATIVE OF THB 



CANADIAN CONSTITUTION. 



BDITKD WITH 



NOTES AND APPENDIXES. 



HY 



WILLIAM HOUSTON, M.A., 



I.IItKAltlAN TO THE ONTAKIO LKdlSLAlTRK. 



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TORONTO : 
(V\llS\Vh;M. A CO., LAW lMliI;lSHKR8. 

I8yi. 



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59797 



EnteredaccordiuBto Aotof theParlian.entof Canada, in the year one thousand 
eght hundred and nmetyone. by William Hovston. in the office of the 
MiniBter of Agriculture. 



PRINTED HT 

Tho8. Moorr & Co., Law Puintkrs 
SS & 84 Adelaide St. East 

TORONTO. 



\y 



PREFACE. 



THIS volume is the result of an attempt to bring together in 
a single collection the documents which contain the consti- 
tution of the Dominion of Canada and illustrate its historical 
development. A much larger number of documents might legiti- 
mately have been included under this description, but the line had 
to be drawn somewhere, and I have chosen to draw it between 
those that are of international and imperial origin on the one 
hand, and those that have resulted from the exercise of colonial 
autonomy on the other. Any apparent violations of this prin- 
ciple of classification have been dictated by considerations of 
convenience which are too obvious to call for specific mention. 
Many documents that are either not imperial or not constitu- 
tional have been added in the form of appendixes to the text. 
It is hoped that they will prove to be not the least useful part of 
the collection. 

Where the material to choose from is abundant and the space 
is limited there will always be differences of opinion as to what 
should properly be included. While I have received much valuable 
advice on this point from eminent statesmen and publicists, I 
feel bound to say, in justice alike to them and myself, that the 
plan of the work is essentially ray own. My belief that the true 
line of development of the Canadian constitution takes us back, 
not to the French retjime in Canada, but to the colonial govern- 
ments of what is now the. United States is sufficient to account 
for the absence of all French documents, except the articles of 
capitulation of Quebec and Montreal. If space had permitted I 
would gladly have inserted as appendixes some of the con- 



m 



IV 



PREFACE. 



fltitutional documents of the British colonies ; I have been forced 
to content myself with the United States constitution, on which, 
as regards federal form, our own is avowedly modelled. 

I have made no attempt to interpret the documents here 
collected. Mine was the humbler but infinitely more useful 
task, to see that the texts were as correct as possible, and to 
give in the form of noti^s such historical informa ion and 
references as would tend to lighten the labours of the student 
without supplying him with ready-made opinions. Alike in 
selection and annotation 1 have had primarily in view the needs 
of students of political and legal science in universities and law 
schools, and the chief aim of the collection — to give them a 
chance to think for themselves — would have been defeated if I 
had impertinently undertaken to think for them and give them 
the results. 

Gratitude for valuable aid and counsel requires that I should 
mention the names of those who have been specially helpful to 
me. Easily first must bo placed Dr. Bourinot, Mr. Douglas 
Brymner, and Mr. William Kingsford, each of whom has in his 
own way usefully illustrated Canadian history. To Thomas 
Hodgins, Q.C., /Emilius Irving, Q.C., and Hon. David Mills, Q.C, 
I am indebted for hints which lessened greatly the labor of 
research. To Mr. Francis Parkman of Boston, and Mr. .lustin 
Winsor of Harvard University, my thanks are due for prompt 
responses to requests for information on historically doubtful 
points. Mr. James Bain of the Toronto free library, Mr. .). P. 
Macdonnell of the Ontario Civil Service, Mr. David Jioyle of the 
Canadian Institute, .). M. McEvoy, B.A. of the University of 
Toronto, and A. F. Chamberlain, M.A., of Clarke University, 
have all taken a warm personal interest in the progress of the 
work and rendered practical and valuable assistance in its 
preparation. 

\\M. HOUSTON. 
Toronto. March .Slst, 1-Si)l. 



TAHLK OF CONTENTS. 



I'AKK. 

iNTIlomCTION VII 

ClIKONOMHilCAL Imikx x\iir 

TKtwVTV ()!•" rTKECHT, 171H '.i 

KlCrUE.SKNTATIVK InsTITI TldNS IN THK MaIUTIMI-: I'!;. iV1N('K« 7 

A'('l'(« Srotiil 

1. Scttlciiifiit (if lliilifax 7 

2. (M)iiiinissi(iii til ( Jovt-rnor Curiiwallis. . . J) 

'A. liCtttT fnmi (iuvfnmr liiiwri'iicc td Lords i>i 'I'r.iilc lit 

4. Li-ttcr from Lords (if Trailc to (Jost'iiKir liiiuniici' 17 

r>. ()|iinioii of Crown Law Otticcrs 17 

(!. ('(institution of Jjc^'islativc Asst-nilily IM 

7. Lettt-r from Lords of Trade to (iovt-rnor Lawrt'iicf Ul 

I'riiicf Eilu'iifil Ishni)/ 

(,'onnnission to (iovi'rnor I'att-rson. 21 

JV<'(c Jintiiswirick— 

Commission to (rovcrnor Carlcti in '2'2 

CAI'ITI!I.ATI(I\ ok <./i khkc •_'«) 

CaI'ITII-ATION OP .MoNTKKAI. . 32 

TUKATV ( IF 1'AHIS. 1 7ti;< til 

KoYAI. riUK'I.AMATlO.V, 17t);{ ()7 

Oo.\I.MISSU)N To ( }( >\ KKN( )K M lltUAV 74 

LoKi) Maxskikmi's .riiH;.MKNT IN Cami-hki.i. r. Ham 7'.> 

<,>iKUEc Act. 1774 no 

t^uelH- f Revenue Act. 1774 '.•7 

t^uebi'c Revenue Act, 177ri I'i'J 

Colonial Ta.\ Repeal Act, 177.H H>4 

Canadian Revenue Control Act KMi 

OONSTITITIONAI. At'T, 1701 112 

Constitutional Act Amendment Act, 1.S.30 134 

Constitutional Act Suspension Act, 1838 l.Stl 

Indemnity Act, 1S38 1 40 

HusiKfiision Act Amendment Act. 183!) 142 

Union Act, 1840 14;» 

I'^nion Act Amendment Act, 184S (use of Krencli lani,'uai,'e) 175 

l^iion Act Amendment Act, 1S.")4 (Klective Legislative Conucil). . 177 

I'nion Act Amendment Act, ISait (Speaker of " " ).. 180 

CoNFKUEKATioN AcT (British North America Act, 1807) 18H 

{British North America Act, 1871) 22.") 

(Parliament of Canada Act, 187">) 227 

(British North America Act, U;8(>) 229 

Colonial Habeas Cdki'Us Act, 18<»2 240 

Colonial Laws Validity Act, 1805 241 



Ti TABLE OF OONTENTS. 

PAOB. 

G0VKRN0R-f}BNKRAf>«' COMMISSION" AND ROVAL InSTRCCTIONS 245 

CominisHion to Lord Mtmck 245 

InHtniction.s to Lord Monck 248 

LetttTH Patent Constituting the office of Governor-General 253 

Instnictionn tf) (JovernorH 256 

ConiinisHion to Lorfl Lome 258 

Treatibh Rklatim; to Canada 265 

Treaty of Hyswick, 16!»7 265 

Trf'aty of ITtrecht, 1713 3 

Treaty of Aix-la-ChapiH-lle, 1748 265 

Treaty of Pari^, 1763 61 

Treaty of Versaille.x, 17S3 266 

Treaty of Paris, 1783 267 

Canadian Boindahiks 271 

15oiiM(laries of Nova Scotia 271 

}ionii<laries of New Pnmswick 272 

Bo\in(iaries of <2iU'l)e(; and Ontario 273 

HoiindarieH of Manitoha 277 

P.oinidarie.s of Hritisli Colinnltia 278 

lioiindaries of the NOrth-VVest Territories 27J) 

lionndarie.s of tlie Dominion of Cansvda 2S0 

KXTRADITION 282 

Jay Treaty, London, 17!t4 282 

AshUurtiin Treaty, Wasliinnton, 1S42 283 

FlSHKUIKM 284 

1. Sli/iii/iitions irith Fnitii'i' 284 

Treaty of Utrecht, 1713 3 

Treaty of Paris, 17(i;{ 61 

Treaty of Versailles, 1783 266, 284 

Treaty of Paris, 1H14 285 

2. Stipuhi/ioHK with United Static 285 

Tr»-aty of l»aris, 1783 268 

Convention of London, 1818 285 

Treaty of Washington, 1854 286 

Treaty of Washington, 1871 287 

3. Sti/)i(l(ifi'i))s irith /{iissia 288 

English Law iNTUoDrcKD into Ui'vek Canada 290 

Trial ky Jikv intkodlced into Upi'kk Canada 292 

Rrhponsmilk (Jovkunment 293 

Lord Durham's report, 1839 293 

Russell's Despatches, 183!» 299 

IJegislati^e Assembly resolutions, 1841 303 

Quebec Conkeuence Resolutions, 1864 305 

Constitution ok the United States ok America 317 

General Index 334 



INTRODUCTION. 



fii 



AGS. 
245 
245 

, 248 

. 253 

. 256 

. 258 

. 265 

. 265 
3 

. 20)5 

. til 

. 266 

. 2()7 

. 271 

. 271 
. 272 

.. 273 

.. 277 

.. 278 

.. 27i> 

. . 280 

. . 282 

.. 282 

.. 2S3 
284 
284 
3 
61 

\{\, 284 
285 
285 
268 
285 
286 
287 
288 
200 
292 
293 
293 
299 
303 
3a5 
, 317 
. 334 



INTRODUCTION. 



THE purpose of this introduction is to explain briefly the 
author's views on the teaching of history in gen ral and 
of Canadian constitutional history in particular. They may be 
summed up in the statement that while e.r attheibut lectures are 
an antiquated and ineffective niethod of dealing ith any sub- 
ject in the class-room, they are particularly out of place •" the 
academic treatment of history. It is of course iroporiant that 
the stnHent should have a wide acquaintance witii historical 
facts, and that he should have well-defined opinions as to the 
general principles that underlie and explain them ; but in so far 
as the educative value of the subject is concerned, the i»znner in 
which he acquires his knowledge and arrives at his opinions is 
of far greater importance than the knowledge and the opinioiis 
themselves. Facts that are simply memorized and principles 
that are simply appropriated, whether from text books read or 
lectures heard, count for little in real education ; facts that are 
discovered by patient research and principles that are reasoned 
out from the facts, serve a really useful educative purpose. 

History is one of the inductive "^ciences, and it should be dealt 
with on the inductive method. Tlie student should be re(|uired 
to collect facts for himself by the investigation of such sources 
as may be available, instead of learning them by rote from 
treatises or lectures, and he should be encouraged and required 
to form and express his own opinions, instead of adopting those 
formulated for his instruction by the historian or the lecturer. 
His collection of historical facts will undoubtedly be meagre and 
his opinions will probably be wrong, but this is no more than 
can with the most perfect truth be said of every one who either 



VIU 



INTRODUCTION. 



!i> 



writes a teyt-book or delivers a lecture. The difference is one 
of degree only, and fortunately the question of more or less is of 
little consequence educationally, provided that the student's 
acquaintance with the subject is the result of his own honest 
endeavor to get at the truth, not of his asssimilation of the 
opinions of other people. The degree of culture that results 
from the academical use of history is determined, not by the fact 
that knowledge of a certain kind has been acquired, but by the 
fact that knowledge of some kind has been acquired in a certain 
way. 

The truth of these statements will become more evident 
if it be borne in mind that the mass of historical facts is a shift- 
ing quicksand. Every now and then some new writer — a 
Gardiner, a Freeman, or a Stubbs — re-explores the old familiar 
ground, unearths a number of facts that cannot be rejected or 
ignored, and erects on the enlarged basis a modified inductive 
superstructure. It would be absurd to suppose that the last 
word on the subjects of which they treat has been said even by 
them. History is not only, from the pedagogical point of view 
at least, a science but it is one of the most progressive of the 
sciences, and any method of academical treatment that does not 
put the student in possession of a method of investigation, and at 
the same time tend to free him from prejudices and preconcep- 
tions, is worse than useless for purposes of culture. 

Fortunately some progress has been made in this direction by 
the introduction of the '* seminary method " into universities 
and colleges, and history has benefitted more from the change 
than almost any other subject. In all progressive American 
institutions the seminary in rapidly superseding the lecture, and 
the latter retains a foothold only in places which do not come 
under this description. In a very short time such academical 
performances as " lectures," in the sense of formal ex cathedra 
deliverances of professorial opinions will be unknown, and the 
consummation of tlie change cannot take place too soon. In 
the lecture-room the teacher works after a fashion, and the 
students are supposed to absorb the erudition that has been 
carefully stored up and is now poured forth for their benefit ; 



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INTRODUCTION. 



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in the seminary the student works under the direction of the 
teaclier, who saves liini time in his search for facts but carefully 
abstains from any attempt to control his reason. It is easy to 
understand tlie nature of the change effected in the academical 
atmosphere by the substitution of the seminary for the lecture 
method. The result is nothing less than the substitution of 
intellectual life for intellectual death. It has been so wherever 
th(! change has taken place ; it will be so everywhere else when 
the change does take place. 

The great merit of the seminary is that it facilitates the use 
of the inductive method, which the lecture system absolutely 
precludes. Induction is a species of reasoning, and the lecturer 
cannot teach by reasoning for his students and telling them his 
conclusions. They nuist do their own reasoning, draw their 
own inferences, discover their own principles, establish their 
own laws. They nuiy do this erroneously, but they must do it 
if they are to derive any intellecttuil training from the academi- 
cal use of history, and especially of political history. Mere 
soundness of opinion is fortunately of less importance, where 
no one can be absolutely and indisputably right, than are open- 
mindedness, freedom from prejudice, and the habit of closely 
observing phenomena and reasoning from them. 

" History is past politics and politics present history," says 
Mr. Freeman, and this is but another way of saying that past 
and present states of political society throw light upon each 
other. Usually history is taught as if the past served in this 
respect the more important purpose of the two. The student 
is asked to begin at the beginning and come down through a 
series of more or less arbitrarily selected events and institutions 
until he nnikes the acquaintance of the state of society which 
is his own environment, if indeed he is allowed to come so 
near. It is easy to see how such a view of historical method 
should have been universally acted upon at a time when method 
claimed little attention and received less ; it is difficult to under- 
stand why it is still generally practised at a time when the 
study of methods is occupying ht attention of the foremost 
intellects of the day. It is perhaps too much to expect the 



INTRODUCTION. 



present generation of professorial lecturers on history and 
politics to abandon the only method they know anything about, 
but it will not be incumbent on their successors to submit to 
conventional and traditional limitations. 

The true method of teaching history, as of teaching other 
subjects that lend themselves to inductive treatment, is to pass 
from the known to the unknown, to start from the here and 
now and travel backward and outward until the entire ground 
has been covered. The student should begin with the history 
and the institutions of his own time and his own country, and 
his knowledge of tliese will enable liim to understand the 
history and the institutions of other times and of other lands. 
All vahial)le knowledge is comparative. One never knows any- 
thing tliorouglily until he has compared or contrasted it with 
sonietliing else. His progress in real culture is conditioned on 
a never ending process of differentiation of things that aro 
similar to each other, and of assimilation of things that are 
different from each other. If the study of the past is helpful to 
the compreiiension of the present much more is the study of the 
present helpful to the cjiuprehension of the past. The reason 
is obvious. It is extremely ditlicult to form a clear or useful 
conception of what is distant either in time or in place ; it is 
comparatively easy to form a clear conception of what is within 
the range of esery day e.\))eiience. It would be unreasonable to 
expect such a conception as a student can form of the Roman 
comitia to be helpful to him m comprehending the nature of an 
American town meeting, or such a conception as he can form of 
an Old English witenagen.ot to aid him in understanding the 
functions of a modern parliament ; but to comprehend clearly the 
nature of a town meeting or a parliament will aid him in getting 
a useful conception of the comitia or witenagemot, and he can 
make a study of both town meeting and parliament in actual 
operation. 

This view of method in relation to history is especially true 
of constitutional history, which is substantially a digest of 
human experience in the development of govermental machinery. 
It is more limited and more definite than general history, and 



IKTRODUCTION. 



XI 



is, both in its own nature and in the methods applicable to its 
acamedical use, closely akin to legal science. No subject in a 
university curriculum is better suited for inductive treatment 
than constitutional history, and therefore no subject, apart 
altogether from its intrinsic interest in relation to the advance- 
ment of civilization, is more valuable as an educative instru- 
ment. The line of causation is usually discernible with a 
minimum of uncertainty as to the correctness of the results 
arrived at, and the number of phenomena to be observed, 
analyzed, and classified as a basis of induction are for the most 
part not open to reasonable dispute as matters of fact. 

To a greater or less extent in every country the history of 
the constitution is to be traced by means of doemnents, the 
correct interpretation of which is, in relation to the subject and 
for other reasons, a matter of the greatest importance. Us\ially 
the student is deprived of the valuable training att'orded by the 
practice of hermenoutics, because he is expected to learn the 
meaning of a document either from a text-book writer's gloss or 
from a lecturer's interpretation. That both writer and lecturer 
may be wrong in their opinions is the least regrettable feature 
of this system, because, fortunately, neither gloss nor interpre- 
tation is likely to be long remembered after the examination in 
preparation for which tliey have been "crammed" by the 
student ; infinitelv more mischievous is the waste of time and 
opportunity which might have been utilized in enabling him to 
master a method that would have made him ever afterwards 
independent of text-books and lecturers by placing him on a 
par with both. If their opinions are right he should be put in 
possession not of them but of the way to arrive at them by his 
own unaided eft'orts ; if they are wrong he lias at least a chance 
of avoiding some errors which he munt on the ordinary plan 
imbibe, if it be but for a time. The same remarks apply unitntin 
inutitndiH to the generalization of constitutional principles from 
those events that come under the name of precedents. Acquain- 
tance with certain facts must be made by reference to narratives, 
but their relation to each other as antecedents and consequents, 
if not as causes and effects, must be established by an exercise 



xn 



INTRODUCTION. 



of reason. The reasoning in this case must be the student's 
own if he is to benefit educationally by the time given to the 
subject, and he must reason from consequent to antecedent, if a 
premium is not to be put on the mere exercise of memory. 

It is interesting to note that in some respects the constitu- 
tional history of Canada is better adapted for academical use 
than the constitutional history of either England or the United 
States, which is equivalent to saying that it surpasses in that 
respect the constitutional history of any other country where- 
isoevor. The constitutional history of the United States is too 
largely a written history ; that of England is too largely an 
unwritten one. In the one country precedent counts for too 
little in the interest of speculation ; in the other it counts for 
too nuich in the interest of detiniteness. The history of the 
Canadian constitution involves a great deal of documentary 
interpretation, but it involves also a great deal of generalization 
from recorded instances. The constitution at present bears a 
strong resemblance in form to that of the United States, and 
it would have been surprising if it had not done so, in view of 
the fact that it was avowedly modelled upon it ; but it bears an 
equally strong, though less easily discerned, similarity in its 
mode of operation to that of England, through the adoption 
from the latter of the constitutional device known as " respon- 
sible government." For purjjoses of inductive treatment, there- 
f(M'e, it possesses most of the merits of each, being at the same 
time comparatively free from the defects of either, while the 
colonial position of Canada is from the academical point of view 
an advantage rather than otherwise. At every stage of Canadian 
history the ultimate political sovereignty has been, as it now is, 
vested in the British Parliauicnt, and constitutional compli- 
cations, at once caused and resolved by the gradual tendency 
towards colonial autonomy, impart to the subject an interest 
that is quite unique in the whole range of comparative consti- 
tutional history. 

A similarly unique interest attaches to the study of jurispru- 
dence and of international law in connection with Canadian 
history. In the Province of Quebec ever since the passage of 



■ 



INTRODUCTION. 



Xllt 



the Quebec Act in 1774 French law has been the recoj^'nized 
rule of decision in all matters of controversy relating to property 
and civil rights, and the codification of B^rench law in Quebec 
followed its codification in France. On the other hand the 
common law of England is the rule of decision in all the 
other (Canadian Provinces, and therefore it is ([uite possible for 
a Canadian student to take up the study of either the connnon 
or the civil law as a living system without going beyond the 
boundaries of his own country, and to study them inductively 
in comparison or coiiuast with each other. As the State of 
Louisiana has a civil code, while all the other States of the 
Union have the common law, the student in the United States 
has a similar privilege, but in a less convenient field. Canada 
as a quasi-autonomous country enjoys quasi international rela- 
tions, and is saddled with quasi international responsibilities, 
but of formal relation or formal responsibility she has none. 
She is allowed a real voice in the making of treaties with the 
United States, and is permitted and expected to supplement them 
with legislation when legislation is necessary ; but on the other 
hand her representatives in international negotiations are for- 
mally appointed by the British (lovernnient, and if the Canadian 
Parliament were to refuse the necessary confirnuitory legislation 
the British Parliament could in any case, and probably would in 
some cases, enact it. 

It is unnecessary to describe at any length the manner in 
which the following documents nuiy be most advantngcously 
used. All that need be attempted is to lay down a few general 
propositions, in the application of which there will be room 
for an infinite variety of pedagogical devices. No two leiu'liers 
will ever deal v ith them in |)recisely the sanu' way ; no i>n)- 
gressive teacher will ever deal with them in precisely the Mime 
way with successive classes. These geiu'ral proposiiidn-. with 
i\iv reasons on wliieli they are founded, may be ibn- hiKtly 
stated : — 

■ 1. Tlie lirst document taken up sliould be the I'.iiti-li North 
America Act of IHC.T. which is the present constiltituin of 
Canada. It should be studiecl with a vi(>w to ascertalnin'j its 



XIV 



INTRODUCTION. 



I 



textual meaning, determining its legal validity, and compre- 
hending its political working. It is a matter of minor importance 
in what order these various lines of inquiry are prosecuted, but 
the order here stated is not without certain obvious advantages. 
The Act abounds in technical terms, and failure to catch their 
precise meaning must needs leave an obscure impression of the 
import of the statute as a whole. As examples of terms that 
stand in need of elucidation may be cited such expressions as 
'' Privy Council," " Executive Council," " privileges " and 
" immunities" of Parliament, " seised," " freehold," "free and 
common soccage," " franc-alleu," "in roture," "allegiance," 
" Royal assent," " disallow," " royalties." To appreciate clearly 
the force of these and analogous expressions is not all that is 
necessary to the comprehension of the text, but it is at least a 
good first stop towards it. The legal validity of the document s 
due to the fact that it is the Act of a sovereign Parliament, but 
it is an Act that embodies a compact between the federating 
Provinces. Its legal effect must be determined by judicial 
decisions, but in the reasoning on which those decisions are 
based some account must be taken of the intentions of the 
parties to the federation. Already a long line of judicial findings 
has laid the foundation of an interesting and important con- 
stitutional jurisprudence for Canada. The political working of 
the constitution is a wide subject, but one that cannot be evaded. 
All v/ho know anything about it can understand that tlio student 
of the mere letter, however thorough and expert, may go out 
into public or professional life loaded up with the most absurd 
misconceptions. Nothing is said in the British North America 
Act, for instance, about the responsibility of the (lovernor- 
Cleneral's cabinet, or of its solidarity, and yet these are among 
its most important features. Not much is said, except what is 
now inisleading, as to the manner of electing the House of 
Commons. The financial relations of the Provinces to the 
Dominion have been extensively changed since the Act was 
passed. The fiscal system has been modified, either slightly or 
radically, over and over again. These are only a few of the 
matters which come under the head of " political working," 



i 

i 



INTRODUCTION. 



XV 



ed. 

ent 

out 

surd 



IS 

of 
the 
was 



but they will serve to give some idea of the comprehensive- 
ness of the phrase. In connection with both the textual 
meaning and the political working of the Act the commissions 
and instructions issued to the Governor- (ieneral should be read, 
indeed must be read, in order to get a clear idea of either the 
one or the other, and closely connected with the subject of the 
legal validity of the constitution is the Act of 1HG5, which states 
the grounds on which the validity or invalidity of colonial legis- 
lation must be determined. It is needless to say that the 
Imperial Acts of 1871, 1875, and 188(5, supplementary to the 
Act of 1807, must now be read with it, just as if they were part 
of its text. 

2. The British North America Act should be compared or 
contrasted with other constitutional documents, to which it is 
more or less closely related either formally or historically. Pre- 
eniineiit among these is, of course, the constitution of the 
United States. The analytical comparison between them, 
should, without being too minute in detail, be so carefully 
made as to enable the student to grasp the essential dilferences 
between the constitutions of the two countries, not merely as a 
matter of textual interpretation but also in tlieir respective 
political operations. These difl'erences have been frequently and 
accurately described, but they must none the less be thought 
out by each generation of students for themselves ; and this can 
be done only as the result of a careful analytical comparison. 
The '' (Quebec Resolutions" of 18G4, which embody the agree- 
ment originally entered into by the various parties to the 
Canadian Confederation, should receive a certain amount of 
attention in this connection. More important, however, are 
the Imperial enactments which chronologically precede the 
r>ritish North America Act of 1807, and each of which was 
in turn the Canadian Constitution — the Union Act of 1840, the 
Constitutional Act of 1791, the Quebec Act of 177-4, and the 
Ho}al Proclamation of 1708. These have a relation to the 
present constitution that is not merely historical ; the nature of 
that relation can be ascertained only by the comparative method, 
and the comparison should be made by each student for himself. 



XVI 



INTRODUCTION. 



In the last analysis some part of what he should discover may 
escape him, but he ouglit not on that account to be deprived of 
the chance to try what he can do. 

8. These constitutional documents should be taken up in the 
inverse chronological order. The comparison should be one of 
consequent with antecedent for the purpose of ascertaining the 
causal relation between them. It is easy to dogmatise in 
history by alleging that a certain condition precedent is suflicient 
to account for a certain other condition which succeeds it, the 
cause being studied before the eft'ect ; the safer and better way 
is to acquaint oneself with the condition that is the effect, and 
then proceed to search for some previous condition that will 
suffice to explain it. The former course puts a premium on 
dogmatism and memorization ; the latter encourages reasoning 
and research. It is needless to say that these docume:Hs should 
be studied in their lelation «to each other, as well as their 
relation to the British North America Act. They are the mile- 
stones of constitutional progress, and the nature of the intervals 
between them must be clearly made out by him who would read 
them aright. 

4. The documents which precede the Royal Proclamation are 
all constitutionally important — the Treaty of Paris as containing 
the precise definition of the concessions made by the British to 
the French (iovornment when Canada passed finally under 
British dominion ; the Articles of Capitulation as the chrono- 
logical background of tlu; treaty stipulations; and the documents 
relating to the establislnnent of parliamentary government in 
Nova Scotia, Prince l^lward Island, and New lirunswick, whose 
representative institutions Inivo enjoyed a continuous existence 
(.'ver sineo. 

'). l"'inally the class work should l)t' done on the seminarv 
plan. Anything of the nature of a k'Clure is liopek'ssly out 
of place. That nondescript kind of intercourse between teacher 
and tiiitght which is connoted hy the term •' socratic luethod 
is the idt'iil to he attained. 'I'he teacher, as conductor oj liie 
seminary exercises, should Ije nothing more than the lii'st 
amongst tuiuals. The relationshiji between hiin and his stud' iits 



INTRODUCTION, 



XVll 



• may 
ved of 

in the 
one of 
11 g the 
bise in 
.tticieut 
1 it, the 
ter way 
jct, and 
lat will 
lium on 
jasoning 
s should 
as their 
,he mile- 
intervals 
3uld read 



should be such as would obtain among a band of searchers 
after truth, each of the others having as fjfood a right as he has 
to believe and maintain tiiat he has discovered it. Written 
exercises should form a constant feature of class work, and these 
exercises should in turn become subjects of class discussion. 
Only by frequent applications of the test of committing views to 
paper can the rate or the character of the progress made be 
accurately ascertained. The assumption that a single written 
examination at the end of a course is a fair or useful criterion of 
a student's attainments is as untenable as the assumption that 
mere accumulations of knowledge, without any reference to the 
manner in which it has been acquired, have any real educational 
value. The single terminal examination has outlived whatever 
usefulness it ever had, and it must shortly follow, if it does not 
precede, the e.r nitMcdni lecture into academical oblivion. 



ation are 
ntaining 
.British to 
|ly under 
chrouo- 
cuments 
nnout in 
k, whose 
t'xistenee 



UiMnniiuy 
Lssly fiut 
In leiuluT 

lor o\ liif 
tlie I'lrst 
stu(l''iits 



H.C.C. 



n 



: 



xviii 



("iniONOLOOICAIi TAHLK 



CHRONOLOGICAL TABLE. 



First voyage of .Facqiics Cartier. , 
Second voyiiKf of .Fiu'i|u*'.s (';irtif'i 
Third voyaj,'t' of .lac(|Ufs Cai'tier 



Ciilbert in Newfoundland. . 



Quebec fomided by l)e Clianiplaiii . 
Fourth voya^,'-e of |)e ('lianiplain. . . 
Fifth voya^'e of I >e ( 'lianii)lain ... 
Sixtli voyage of DeChaniplaiii, and 
ascent of the Ottawa 

De Champlain at tiie (Joorgian liay 



\V.\-2. 
14117. 
1534. 

i.-):c>. 
\:>M. 

1.").S4. 
It'll It;. 
ii)i>7. 

1 lilts. 

ir.li). 
lidl. 

ltii:i 
ltd 4. 

llda. 
1619. 



Tenth voyage of De Champlain... KiL'O. 



Nova Seotia granted to Sir William 
Ale.xander by Jame.s I 

"One HiuulU'd Associates." 

Quebec taken by Sir J^avid Kirke. . 



Canada and Acadia le.stored to 
France by the Treaty of St. 
(rermain-en-Iiaye 

Twelfth voyage of De (Jhami)lain 
(first "(Jovcrnor"of Canada). . 

Death of De Champlain 

De Montniagny (Jovernor 



1<)21. 
1C.23. 
1627. 
lli'Jit. 
1630. 



First voyage of Colum))U.i. 
Cabot di.scovered Newfoundland. 



De .Soto discovers the Mississij)pi. 
French .Settlement in Florida. 

Raleigh's first voyage (Virginia). 
London and Plymouth charter, 
.laintstown (Virginia), founded. 

Discovery of Hudson River. 
Discoveiy of Hudson Hay. 



New Amsterdam founded. 

First licgisliitive Assembly in 

America (Virginia). 
Tjandiug of " Pilgrims" at Cape 

( 'oil and at Plymoutii. 

Dutch West India Company. 
New Hampshire settled. 

.Massaclnisetts charter. 
First (ieiieral Court of Massa- 
chusetts. 



1032. Maryland granted to Calvert. 



Ili33. 
1635. 

ir.3i;. 
it;3i;. 

163t). 



First -Vssci i)lv of Maryland. 

Koger Williams in Providence. 

Harvard (!olleue founded. 

First written C!onstitntion in Am- 
erica adopted l»y C()nnecticut, 
and first (ieneral Court of the 
Province. 



*The events recorded in the left hand column belong to the history of what 
i» now Briti.sh .Vmcrica ; those in the right hand colunui belong for the most 
part to the history of what is now the L'nited States. 



CHRONOLOGICAL TAHLE. XIX 

SHttleiiifiit nf Mmitrcal 1<ill». Charter j;riiiitt'il to Rluxlc Island. 

I(i4;<. \t\v KiiK'liUKl Ciiiift'dt'raoy. 

F)'AiIlilHPiist, ( iiivcriiiir of fimada. HJI8. 'I'lcity of Wfst|)liiilia. 

I )(• LaiiM '11, ( ii i\ < riK ir Itl")! . 

ItiVJ. Maine amu'xt'd to MassadiiiH^tts, 

I >'.\r^'iii>"ii, ( JuMTiiur '[i'l'tX. Ttiiliaii war at Ksdiiiis. 

l'.is|i(i|) l,ii\,(l at \iiii'l)(i' KJ.V.t. <^>iiaktrs liaiiKnl in Huston. 

|)'.\v:iii^'iiur. (io\i riior Ifliio. I'.ci'kfli'y (JcAcrnor of Virginia. 

('iiJlxTt, I'riiiii' .Miiiistt-r of Francr. Uitil. 

ltH»'_'. Cliartt:»" granted to ConiHcticiit, 
" Scivi'i'citrii Coiincil " cstaMisht'd 
witli l>f .Mi'»v as (liiMTiior of 

" N.w Kianct'.". 1663. Klitxlt- Ish .-d cliarter. 

Stiiiiiiary of St. Siil|picc aff|uire 

.Mmitrcal Ititia. 

|)i' Trary N'iccroy, ami l)f Coiir- 

utiles (JoveriKir lt»(;4. New York taken l)y tlie IJritish. 

West India ('oni|);iny planted .Mon- 
opoly of Canadian 'I'rade KMU. Connectiuutand New Haven united. 

lro(|iiois (Mnniti'v invaded Kidtl. 

Hav of i^Miinte Seminary .Mission. . 1668. First Assembly of New Jersey. 

1669. l''irst .\s.senil>ry of Nortli ('ar<")lina. 

Hudson May Company c'iiartered. . . 1(170. Charleston (S. C.) founded. 

I)e Frontenac (ic.vernor lt»72. 

h>7'^. Mississippi discovered hy Joliot 
and .Marcpiette. 

liaval liishop of (^iieliec 1074. First Assembly of South Carolina. 

l)e la Salk' visits Franee 1071. New Netherlands (New York), 

New Jersey and Delaware oedwl 
to liritain by Holland. 

Reduction of tithe to one-twenty- 
sixth 1679. l''irst As.semblj' of New Hamiwhire. 

Indian CouikmI at Montreal ItWO. I)e la Salle on the Illinois. 

Ki.S'J. Peiui founds IViuisylvania. 

Dv la Barre (Jovernor Itl.H^. DelaSalledescendstheMississippi. 

1682. First Assembly of Pennsylvania. 

IGS4. The Mississijipi Company estab- 
lished. 

T)e Denonville (Jovernor KlSi"). 

Hudson Hay l''orts taken KiSfi. .Xndro.s (Jovernor of Massachusetts. 

Hepartiu'e of Hisiiop Laval KiSS. N. York annexed to N. Kngland. 

Massacre of leadline ... 1(>S!). William III. King of liritain. 

He Froutenac ( rovernor l(is!l. .\ndros expelled from Massachu- 
setts. 

t^ui'bec attacked by Phips KiitO. N. Hami)shire ainiexed to Massa- 
chusetts. 

1697. Treaty of Kyswiek. 

Heatii of l)e Frontenao KillS. 

I )eC;dieres( Jovernor VtW. Peun visits .\merica. 

Indian Treaty of Peace (Montreal). 1701. New charter for I'eiuisyhania. 

170-*. War of Spanish succession. 

De Vaudreuil (lovernor 170o- 

" Su|K'rior Council " created 170.'{. 

Capture of Port Royal (Annapolis). 1710. Hunter (Jovernor of New York. 
Expi'dition of Walker and Hill 

against C2i»-'bec 1711. 

1712. Crozat's Mi.ssissipi)i Charter. 

1713. Treaty of I'treuht. 
Nicholson (Jovernor of Acadia. . 1714. ( Jeorgt; I, King of (iieat Britain, 
Death of Louis XIV 171."». 



il 



XX 



CHRONOLOOICAI, TAHTiK. 



I'liillipM ( iovt'i'iiiii' (pf Acjuliii. 
LuiiiHliurfj fortitit'd 



AnMstl'dllK ( iiAfriHiInf Acailiil. . . 

l)i' Heiiiili:irii(ii.s( JiiMTiiuiiif ( "itiiinla. 
NewfiiiiiKlliiiMl il liriti>li ri<i\iii('i' 



Iron 'inxt'« at 'I'liiff |{iM'r>. . 
V'crandryt' iisccmis tlir IJcd UiM'i 
Mascai't'iii' ( iu\fiii<i!' lit Acadia . . 
TiOiiisl>iirK' caiitiiitd . . . 

|)f la (iali.-Miiiiiicrf (IomiiihI' 

Canada.. 

I >»" la .luii(|iiii'ii' < JcAii'iinr ( 'aiiai 

Halifax fuuiidcd 

( '(i|-iiwallis ( JnMiimr of Ai^idia. 
l"'ort Kiiiiilli' tiiiilt at 'rniniitd. . . , 

ll(i|>soii ( !i>\ fiiidr iif Ar;idia 

I )ii(liK'siM' ( iovfiniii' cpf ( "iinada . . 
liawi't'iKT ( !ii\ti iicir of Acadia... 



K.Xpati'iatiiiii of tlic .\c.idi:iii> 

|)c Vaiidrcuii ( Joxcninl' of Caliada, 
Kii'st A.s.scinlily of Nova .Scotia , . 

(^iii'ltcc taken liy Wolfe- 

Montreal taken l>y .\nilici>.| 

Province of t^nclMc cic.itcd. . . 

Murray, first (loverni rof <^»ucliei-. 

('arleton (lovcrnoi of <^»imIicc. 
Prince lvl\var<l i.'^laiid made a I'ro 
viiiuo 

Kir.st Asscini)l,\' of Prince Kduard 

Island 

Lord Man.-itield'.s .hid^rnicMt 

Tlie i^nei)ec Act pas.sed 

Montgomery and Arnold inv.idi- 
Canada 



lialdiniaiul CJovcrnor of <^uelinc. . 
Immigration of U . K. Lovali.sts. . . . 
New nrun.swick made a I'rovince . 
Lord Dorchester* lovernorof (^iieUec 



Constitutional Act passed 

First Parliaments of I'pper an( 
Lownr Canada 



1717. 


171X. 


I7-'<I. 


17"" 


\7-S.\. 


17--'">. 


17-.'f,. 


1 1 Ji . 
17-.!>. 


I7;n. 


i7;<-'. 


17:5.<. 


17:<7. 


I7;(s. 


17»'». 


171.V 


1717. 
17tv 


171".>. 


171!'. 


17l'.». 


17.V_'. 
I7.V-'. 


17:-;!. 
1754. 


17VI. 
l7.Vi. 


17.V. 
I7.".s. 


17V. t. 
l7f.o. 
1 "i**» 


1 (ti.i. 
I7i'.:v 
1 71 '■> 
171 ill. 


17")i'. 
17f.!». 



1773. 
1771. 
1774. 



I77.\ 
1776. 
177s. 
177s. 
17HH. 
17S4. 
17>tJ. 
17S7. 
17S'.i. 
1791. 



Law"s .Mi.s.Hissippi Charter. 
New ( Jrleans fonnded. 
I'iMrnet (Jovernorof New N'ork. 
port ( )swe^fo linilt liy Purnet. 
P.iper mone\ in Penn>yl\ania. 



(JeorL;e II. Kinjfof (treat Britain. 

Crown Point occupied liy the 
Prench. 

fiOiiisiaiia made a Poyal Provinc*'. 
< ieoiyia .Settled. 

N. .lei'sey separated from \. ^'ork, 



'i'reatx- of .\i\ la( 'haitelle. 
Slave- ailmitted to(le(U>ria. 

I >!• ( 'cloron s Ohio Pxpcilition. 



().-lioiii (Jovtrnorof New N'ork. 
l'"ir>t .\s-enilily of ( ieor^fia. 
Interprcv incial ( 'onjrressat Alltany 
I'li.iddockVs K\|iedition to Fort d>i 

•^Ulslie. 
hicskau defeatecl at Fort (ieorpe. 
.Miercioniliie defeated at Fort 

'i'iconilcro^ca. 
Nia^r.-ira taken liy >l<ihnston. 
< leorye 1 1 1.. Kiiii; of (ilea t Pritain. 
Treaty ot Paris.' 

The .St.iiiip .Vet pa-s,.(l. 
Kcpeal of ihe Stamp Act. 

i'oMtiac killed. 

( 'olonial Tax .\ct passed. 

I )i'strU(tion of tea at Poston. 
Poston Pol't closed. 
I''irst li'evohitionai'y Congress, 
(Philadelphia.) 

liattle of JiCxinKton. 
Declaration of Independence. 
.Articles of Confederation. 
Coioni.il Tax .Vet reiwaled. 
Treaties of Paris and Versailles. 

Cotton introduced into (Georgia. 
(Constitution of the United States. 
(Jelaxe W'ashinfJTton, President. 



.Avl 

iJeV 

Fir- 

( HIS 



Dii 



17'.)-. \\'ashin|;tuu made tliu uupital. 



("irUONOLOdlCAI, TAIII.K 



\X1 



l;o. 



IStates. 
lent. 



I'ri-iiitr ( iiiwriiiii- 111 ('iiniuhi 
Sii'.iliil railiaiiifiitMf I [iiM r ( 'aiiJiil.-i 

Selkirk's ( 'dlciiiv ill riiiici' Ivhsanl 

Islaii.l '..... 

( 'rui^,' ( i(i\ cnn p|- (if ('aiiiula 

I'lf\ii.-t ( IiiM'lllni (if Canada . 

Selkirk's settlers at lied Kivcr. 

Slierlird'ikc ( i(i\ iiiidr <>t ( 'aiiaila. . 

IJiciiiii'iiKM iii\eriii ir lit t'aiia'la .. 

I )alii(>ii>ic < i(i\erii('r (if Canada .. 
( 'a|ie I'lrct'iii aiiiiexc'l fd N( i\ a Sidt ia 

Canada < '(ini|ian\' fdrnied 



I7!l». 'riie.lav Treatv (Ldiid-.n.) 

17im;, 



I7!'7. 

ISMl. 



lie .lay I rearv i i.ciMidii 
\\',isliini;fdii'> retirement. 

.Idlill Adali^, I'lc^idellt. 
'ri|dni:l> .!( tfeisdll, ricsideiit. 



Ayliner ( !d\t'riidr df Canada. 

I^veliue ( 'dlltldl .\(t 

I'"irst Asseinlily in New fduiidlanil . . 
(Idsfiird Cdveiiidr df Ciiiiiidii 

{{eiiellidii ill ( 'aiiiida 

Ldwer Canadian Coiistitntidii .Siis- 
|iellded 

|)iii'liani CdNeiiKir (if lii'iti.sli 

.\iii"rica 

.Sydenliani ( Idveriidiof tlie ( 'anadas 

Cnidii .\ct 

Syileiiliaiii < idNcnior of Canada . 

Kii'st I'arlianieiit <if Canada 

ReK|idiisilil((!ii\friiiiieiit introdiiced 
r.a),'dt (Jiiveriinr (if Canad.i. . . . 
Metcalfe « IdXfiiidr of ( 'anada. . 
(Jrcat fire in 'i>iieliecr'ity 
Kl^riii ( !(i\ criKir df Canada , . . 

Keliellidll Idsses aKitatldli 



< Java/y.i Mints in Mdiitical 
Clertry |{eser\i> secniariy.cd , 
Feudal 'I'enure ahdli.slied . . . 
Head ( iovernor of Canada 



Caiiiidian Kederation niodteil 

The Anderson (fiifjitive slave) case. 
Monek (iovernor of Cuiiiida 

.Self-t loveiiiiiij,' Colonies made re 
sponsilile for their own defence, 

< 'olonial I laheas (.'orpus Act 

<^ueljt!c Conference 



|Mi;t. 

1*1 Mi. 
l^M'.t. 

1H1. 

ISlL*. 
isll. 

is Hi. 

I'»17. 

ISIS. 
1>I9. 
1 SL'I I. 
ISL'd. 
JSL'.-,. 
1 >■_'('.. 
l.S-_'!t. 

is;!(i. 
is:<i. 

\KVJ. 

\>X>. 
l,s.S7. 
ls;;7. 

1S.HS 

l.s;<s. 
ls:v.». 
1840. 
isii. 
isn. 

lS4-_'. 

is»-_>. 

]S4A. 
lst.->. 
ISKi. 
1S1,S. 
I Mil. 
IS.Ml. 
1S.')(I. 

IS.-,;!. 
IS.-, I. 
l.s.M. 
IS.-,.-,. 
ls.^,7. 
lH.-,7. 
ISalt. 
IStiO. 
IHCI. 
IStll. 

1m;l>. 

l.S<'>2. 
1S04. 



Ldiiisiana (•••(|e(| li\ l''iance. 
Lewis and ('lark r(aihthe I'.iciti 
.laliio .Madixili, I'resident. 

War (i( I'laicd a;,'aiii»t I'liitiiiii. 
'I'lcatv df ( ;li(iit. 

.lames .Mdliroe, President. 
( '(in\elltid!l (if hdllddll, 

l'ldri(|a purcliased fiom .Sjiiiin. 
Maine admitted as a .State. 
.M isxiuri cdiiiprdmise. 
.Idliii ',>uiiicy Adam-, ric-ident. 

.Xiidicw .lackson. I'resideiit. 
l''ii.-.t railwav in I iiileil States, 



X'ictdi'ia i^Mieen df I'.ritain. 
Martin \ an liiireii, President. 



William H. Harrison. President, 
.(oliii 'I'yler, President. 

.\sliliiirtoii 'Treaty (Washiiifftoii. ) 

.l.inies KlldX Pdlk, I'resideiit. 
War with Me\icd. 
Treaty with Mexico. 
Zachar\' Taylor, President. 
Willard Kiliiiore, I'resideiit. 

I''ll);iti\e .Slave Piill. 

i''ianklin Pierc". President. 

Pecipidcity Treaty ( Washin^'toJi,) 

KansasNel>ia>ka iiill jiassed. 

Kansas riots. 

■lames P)iiclianaii, President. 

'• Dred Scott " case. 

Har|>e)'s i-'erry iiprisinj^. 

War of Secession iM't^Ul). 

.Miraliam Ijincoln, President. 
The .\liili:iiiiii sails fmm rii\er|>ool. 



bftl. 



xxu 



CHRONOLOGICAL TABLE. 



Colonial Laws Validity Act ISH;"). 

Fenian Raids , lS(i(>. 

Confederation Act 1867. 

Lisgar Ciovernor of ( !anada 1H(»8. 

North-Wewt Territorie.s awjiiired. . . IhlJ!). 

Province of Manitoba created 1S70. 

British Columbia added to Canada. 1H71. 
Dufferin Governor of Canjula 1 H72. 

1H77. 

Lome Governor of Canad.a 1871^. 

Canadian Pacific Railway Comjtany 

organized 1 HHl. 

1881. 
Lansdowne (iovernor of Canada... 1883. 
North-West Rebellion suj)|»reHsed . . 188;->. 
Stanley (iovernor of Caniv'.u 1888. 

188i». 



Andrew Johnson, Pre.sident. 

IHysses S. (irant, President. 
Treaty of Washington. 
Rutherford H. Hayes, Paesident. 

James A Garfield, President. 
Chester A. Artliin-, Presidc^nt. 

Grovcr Cleveland, President. 

Benjamin Harrison, President. 



ERRATA. 



Pago 25, Note '2H— For " .Vppendix M " read " Apiiendix B, p. 272." 

Page 89, Note l.*)— For " Case of Ireland against England " read " Case of Ireland's 
being bound by Acts of Parli vniont in England stated." 

Page 183, Note 1.5— For " pp. nn-no below " road " i)p. 175 170 above." 

Pages 2a5-23(i— Note 50 sliould be Note 44, and the numbering of the intormodiate 
notes Bhould be changed so that 44 becomes 45; 45 becomes 
4() ; 40 becomes 47 ; 47 becumes 48 ; 48 becomes 49 ; and 49 
becomes 50, 



m 



EXTRACTS "'ROM THE TREATY OF UTRECHT,' 1713. 



The Treaty of Peace ami Friendship between the Most Serene and 
Most Potent Princess Anne, by the Grace of God, Queen of Great Britain, 
France, and Irehmd, and the Most Serene and Most Potent Prince Lewis 
the XlVth, tlie I\Iost Serene and Most Potent Christian King, concluded 
at Utrecht, the ;'} day of ^J^;';:';''. XlVd.'' 

I. That there be an universal peace, and true and sincere fiiendship, 
between the most Serene and most Potent Princess Anne, Queen of Great 
Britain, and the most Serene and most Potent Prince Lewis the XlVth, 
the most Christian King, and tlicir lieirs and successors, as also the 
kingdoms, states, and subjects of both, as well without as within 
Europe; 

X. The said most Christian King shall restore to the kingdom and 
Queen of Great Britain, to be possessed in full right for ever, the bay and 
streights of Hudson," together witli all lands, seas, sea-coasts, rivers, and 
places situate in the said bay and sti'eights, and what belong thereunto, 
no tracts of land being excepted, which are at pi'esent possessed by the 
subjects of France. All which, as well as any buildings there made, in 
tlie condition they now are, and likewise all fortresses there erected, 
either before or since the French seized the same, shall, within six months 
from the ratification of the present treaty, or sooner if possible, be well 
and truly delivered to the British subjci^i,.-., having commission from the 
Qucon of Great Britain to dcn%and and receive the same, entire and un- 
diminislied, togethur with all the cannon and cannon-ball which are 
tliorein, as also with a quantity of powder, if it be there found, in pro- 
portion to the cannon-ball, and with the other provision of war usually 
belonging to cannon. It is, however, provided, that it may bo entirely 
free for the company of Quebec, and all other subjects of the most 
Christian King whatsoever, to go by land or by sea, whitlu.Tsoever they 
please, out of the lands of the said bay, together with all their goods, 
morcliandizes, arms, and effects, oi what nature and condition soever, 
except such things as are above reserved in this article. But it is agreed 
on both sides, to iletermino within a year, by commissaries to be forth- 
with named by each party, the limits wliich are to be fixed between the 
saitl Bay of Hudson and the places appertaining to the French ;* which 
liniits both the British and French subjects shall be wholly forbid to 
pass over, or thereby to go to each other by sea or by land. The same 

n.c.c. — 1 



THE TREATY OF UTIIECIIT, 



commissaries sliall also have orders to describe and settle, in like 
manner, the boundaries between the other British and French colonies in 
tliose parts. 

XL The above-mentioned most Christian Kinf^sliall take care that satis- 
faction be j^ivcMi, according' to the rule of jnstice and eqnity, to the Ent,'lish 
company tradinj^ to the Bay of Hudson, for all danuif^es and spoil done 
to their colonies, siiips, persons, and floods, by the hostile incursions and 
depredations of tlie Fronch, in time of peace, an estimate beinj,' made 
thereof by commissai'ies to be named at the rcijuisition of each partj". 
The same comiu'ssaries shall moreover in(juire as well into the com- 
plaints of tlie British subjects concerniui; ships taken by the French in 
time of peace, as also concerning the dama^'es sustained last year in the 
island called Montserat, and others, as into those thinj^s of which the 
French subjects complain, relatini; to the capitulation in the island of 
Nevis, and Castle of Gambia, also to French ships, if perchance any such 
have been taicen i)y British subjects in time of peace ; and in like manner 
into all disputes of this jiind, which sliall be found to have arisen between 
botli nations; and due justice shall be done on both sides without 
. delay. 

XII. The most Christian Kinj^ shall take care to have delivered to the 
(,)neen of Great Britain, on the same day that the ratification of this 
treaty shall be exchani;ed, solenni ami authentic letters or instruments, by 
virtue of wiiich it shall appear tliat the island of St. Christopher's is to 
be possessed alone hereafter by British subjects, likewise all Nova Scotia 

•or Acadie, with its ancient bountlaries,'' as also the city of Poit Royal, 
now called Amiapolis I{(\val, and all other thinf,'s in those parts which 
depend on the said lands and islands, toj^ether with the dominion, pro- 
priety, and possession of the said islands, lands, and places, and all ri^'ht 
whatsoever, l)y treaties or by any other way obtained, which the most 
Christian Kinj,', the Crown of France, or any tiie subjects thereof, have 
hitherto had to the said islands, lands, and places, and the inhabitants of 
the same, are yielded and made over to tlie Queen of Great Britain, and 
to her Crown, for ever, as the most Cliristian Kin.^ doth at pi osent yield 
and make over all the particulars above said" ; and that in such ample 
manner and form that the subjects of the most Christian Kinj.', shall 
liereafter be excluded from all kind of lishinj^ in the said seas, bays, and 
other places, on the coasts of Nova Scotia, that is to say on those which 
lie towards the east, within HO leaj^ues, bj;^inninit,' from the island com- 
monly called Sable, inclusively, and thence stretchiu!^ alon^ toward the 
south-west. 

XIII. The island called Newfoundland, with the adjacent islands, shall 
from this time forward beloiij^ of rij^ht wholly to Britain ; and to that 
end the town and fortress of I'hicentia, and whatever other places in the 



THE TUEATY OF UTRECHT. 5 

said isliind aro in tlie possession of the French, shall be yieldetl and f^iven 
111), witliin seven niontlis from tlio exchanf^e of the ratifications of tliis 
treaty, or sooner, if possible, l)y the most Christian Kinj,', to tlioso wlio 
have a commission from tiie Queen of (Ireat Britain for that purpose. 
Nor shall the most Christian Kin^,', his heirs and successors, or any of 
their subjects, at any time hereafter, lay claim to any rif4ht to the said 
island and islands, or to any part of it or them. ^loreover, it shall not 
be lawful for the subjects of France to fortify any place in the said island 
of Newfoundland, or to erect any buildin<,'s there, besides staj^cs made of 
lioards, and huts necessary and useful for dryin>4 of fish ; or to resort to 
the said island, beyond the time necessary for tishinf^ and dryin<^ of fish. 
Ihit it shall be allowed to the subjects of France to catch fish, and to dry 
tlicni on land, in that part only, and in no other besides that, of the said 
island of Newfoundland, which stretclies from the place called Cape 
Bonavista to the northern [loint of the said island, and from thence 
runninf^ down by the western side, reaches as far as the place called I'oint 
Riche." But the island called Cape Breton, as also all others, both in 
the mouth of the river of Ht. Lawrence and in the j^ulf of the same name, 
sliall hereafter belon<,' of rij,'lit to the French, and the most Christian 
Ivin^' sliall have all manner of liberty to fortify any place or places 
there. ^ 

XIV. It is expressly provided that in all the said places and colonies 
to be yielded and restored by the most Christian Kin.i;, in pursuance of 
this treaty, the subjects of the said Kini,' may have liberty to remove 
themselves within a year to any other place, as they shall think fit. 
together with all their moveable effects. ]iut ,tliose who are willing,' to 
remain there, and to bo subject to the kin^'dom of Great Britain, are to 
enjoy the free exercise of their relij,'ion accordiiif^ to the usuf^'e of the 
(lliurch of Rome, as far as the laws of Great Britain do allow the 
same.''' 



XV. The subjects of France inhabitinf; Canada, and others, shnll hore- 
iifter <.!ive no hindrance oi- molestation to the five nations or cantons of 
Indians, subject to the Dominion of Great Britain, nor to the other 
natives of America, who are friends to the same In like manner the 
subjects of Great Britain shall behave themselves peaceably towards the 
Americans who are subjects or friends to France ; and on both sides they 
shall enjoy full liberty of f^oinj^ and comin^^ on account of trade. As also 
tlio natives of those countries shall, with the same liberty, resort as they 
plea ,0 to the British and French colonists, for promoting,' trade on the one 
sioe and the other, without any molestation or hindrance, e'ther on the 
part of the British subjects or of the French. But it is to be exactly and 
distinctly settled by commissaries, who are, and who ought to bo 
accounted the subjects and friends of Britain or of France. 



G 



TIIK TUKATY OF LTRECIIT. 



NOTES TO THE TR1:ATY of UTRECH'J'. 



1 T!io text is reprinted from tlio " ('olleetidii of Treatic.'s between Clreat Britain 
anil otlier powers ," iniblislied by George Clialniers lit Lonilon in IT'.O. In that 
colle!(!liiin tlic 'rreaty of Utreclit is, accordint; to the compiler, "printed from the 
eopy whieh was i)ul)Uslied by authority in 17l:t." 

2 Tlic two dates hero t,'iven are accordint,' to tlio Old Stylo and tlie Now Style; 
the latter had been adopted by France in I'lHi, and it was not adopted in England 
till 17.J1. 

:i For the Charter of the Hudson Hay Company see Ontario Sessional Papers, 
vol. xi, No. ;U. 

■I The boundary was novor detormined l)y the commissaries appointed under the 
Treaty of Utreclit (Ont, Sess. I'apers, vol. xi. No. ;il, p. i:!0 p.), and it remained un- 
settled until Canada bocauio a British I'rovince. There was then no pressing 
reason for detininH it, and it remained undetermined until it was defined by the 
Imperial Act of 18S9, 02 & 5:3 Vict, cap '28, which settled the northern boundary of 
Ontario. 

s These ancient boundaries are thus ^ivon by Murdoch in his " History of Nova 
Scotia or Acadia"; "Acadia was then bounded on tiie north by the Gulf of St. 
Lawrence, on tlie east by the Atlantic, on the south by the river Kennebec, and ou 
the west by tlie I'roviiicf! of Canada, its northwesternmost boundary being in 
Gasjie Hay." Thus detined, Acadia included the present rrovinces of Nova Scotia 
anil New Brunswick, and part of the State of Alaine. The St. Croix river is named 
as tln; boundary, instead of the Kennebec, in the Commission to Walter Paterson, 
the first ({overnor of Prince Edward Island, in 17ti'.), and this delinition Is repeated 
in the Commission to Thomas Carletmi. the first (ioveniorof New Brunswick, in 
1781. (See Dominion of Canada Sessional Papers, vol. xvi. No. 7U.) For an account 
of disputes between the French of .\eadia and the British Colonists of New 
England over tho district between those two rivers, see Kingsford's "History of 
Canada,'' Murdoch's "History of Nova Scotia," and the volume of "Selections" 
mentioned in Note G. 

Governor Philipps was instructed, in 17'2!), to appoint Commissionors to confer 
with Commissioners appointed by the Governor of Canada as to the boundaries of 
Acadia. This was m^ver done, and for eoriespondenee on the subject see " Selec- 
tions from thtr l'iil>lic Documents of the I'rovinci! of .Nova Scotia," Halifax, 180'J. 
Gov. Philipps' iiistnictioiis are given in the Dom. Sess, Papers, Vol- xvi. No. 70. 

7 Compare till' ju'ovisi. ins of this treaty resiiecting lisliing privileges with those 
reserved to Fninci' in tlie Treaty of Paris, 17('i:i. See also the [irovisions in the 
Treaty of Versailles, l'^>:i, relating to the same franchises; and the provisions of 
the Treaty of Purls, 17."^.'), tlii^ Treaty of tilienl, 1M4, the Convention of ISl.s, and 
tho Treaty of NVashiiigtoii, l.s7l, dealing witli the claims of the United States to 
tho Canadian fisheries. l''or these documents see .Vpiiendix .\. 

s This right was exercise 1 in tin? case of Ijouislmrg, which was luade the centre 
of I'reuch operations in Acadia. Cape Bp'ton was linally ceiled to Great Britain 
by the 'I'reaty of Paris, 17(')3. 

'■> Compare the concessions made in i\w articles of ciipitulation of Montreal, 1700; 
in tho Treaty of Paris, 170) ; in tho Quebec .\ct, 1774; and in tlio Constitutional 

Act, 171)1. 



"'A 




MARITIME I'UOVINCE ASSEMBLIES. 



at Britain 

. In that 

from the 

;o\v StyU' ; 
n I^nt-hmcl 

al Papers, 

I nnder the 
nained un- 
10 pressing 
neil hy the 
oundary of 

3ry of Kova 
Gulf of St. 
bee, and oti 
ry beins in 
^^ova Scotia 
er is named 
;r I'aterson, 
Is repeated 
nswick, in 
11 account 
of New 
History of 
Selections " 

IS to confer 
niilnries of 
-co •• Selec- 
alifax, IHC'J. 

No. 70. 
with those 
ions in tlie 

ivisidus of 
(if isis, and 
jd States to 

tlie centre 
■cat Britain 

ntieal.lTOO; 
istitntinnal 



sts 



REPRESENTATIVE ASSEMBLIES IN THE MARITIME 

PROVINCES.* 

Nova Scotia.^ 



1. Till' Intvoduction of Brithh Settlein?nt and of Civil (jurcnniieiit.* 

Whitkiiall, 7th ^larcli, 1749. 

A proposal havinf^ been presentecl unto His Slajesty for the establish- 
ing' a civil t,'overnnient in the Province of Nova Scotia, in North America, 
as also for the better peoplin<^ and settling' the said Province, and extend- 
iuu, and improving the fishery thereof, by f,'rantinj^ lands within the same, 
and j^ivin^ other encoura-^enient to snch of the officers and private men 
lately dismissed His Majesty's land and sea service, as shall bo willin<^ to 
settle in said Province. And His Majesty having signed his royal appro- 
bation of the report of the said proposals, the Right Honourable the 
I-ords Commissioners for Trade and Plantations,' do by His Majesty's 
commands give notice'' that proper encouragement will be given to such 
of the officers and private men lately dismissed" His Majesty's Land and 
Sea Service as are willing to accept of grants of land, and to settle with 
or without families in Nova Scotia. That fifty acres of land will be 
granted in fee simple to every private soldier or seaman, free from the 
payment of any quit rents or taxes for the term of ten years, at the 
expiration whereof no person to pay moi'ethan one shilling per annum for 
every fifty acres so granted. 

Tl'.at a grant of ten acres, over and abive the lifty, will be made to 
each private soldier or seaman having a family, for every person includ- 
ing women and children of which his family shall consist, and from the 
grunts nuule to them on the like conditions as their families shall 
increase, or in proportion to their abilities to cultivate the same. 

That eighty acres on like conditions will be granted to every officer 
under the rank of Ensign in the land service, and that of Lieutenant in 
the sea service, and to such as have families fifteen acres over and above 
the said eighty acres for every person of which their families shall con- 
sist. 

Tliat two hundred acres on like conditions will be granted to every 
Lnsign, three hundred to every Lieutenant, four hundred to every 
Captain, and si.\ hundred to every ofticer above the rank of Captain. 



aeoR 



8 



IllOPHESKNTATIVE ASSEMBLIES. 






And to Hiich of the iibove moiitioned oflicors, as liave fiunilios, a fnrtlicr 
grant of thirty acres will be made over and above their respective (]Uotas 
for every person of which their families shall consist." 

That the lands will be parcelled out to the settlers as soon as possible 
after their ai'rival, and a civil {^(jvernmeiit established, whereby tiiev will 
enjoy nil tlie liberties, privile},'es, and immunities enjoyed by Ilis 
Majesty's subjects in any other of the Colonies and I'lantations in 
America, under His i\Iajesty"s government, and proper measures will 
also be taken for their security and protection. 

That all such as are wiliinj^ to acce[)t of the above proposals shall, with 
their families, be subsisted diUMnti the passa^'e, also f(n' the s[)Mce of 
twelve months aftei- their arrival. 

That tiiey shall be furnished with arms and ammunition as far as will 
bo jutl^ed necessary for their defence, with a [iroper (]uantit\' of materials 
and utensils for husbandry, clearing,' and cultivatiiii,' the lands, erecting' 
habitations, carrying; on the iishery, and such other purposes as shall be 
deemed nccessai'y for their supjjort. 

Thiit all such persons as are desirous "of en.i,'a.i,'in^' in the above settle- 
ment, do transmit by letter, or |)ersonally j^ive in their names, sij^nifyinf^ 
in what rej^imont or company, or on board what slrp they last served, 
and if they have families they intend to carry witli tiiem, distin.i,'uishing 
the aj;e and ([uality of such person to any oi the followinj^ ofticers 
apiiointed to receive and enter tlie same in the books open for that pur- 
pose, viz :— John I'ownell,'* llsq., Solicitor and (.'lerk of the Kepts. of the 
Lords Comrs. of 1'rade and I'lantations, at their ollice at ^V'hite- 
hall ; John Uussell, iOs<|., C'onir. of Ifis ^Majesty's Navy at Ports- 
mouth ; Philip Vanbur^h, llsq., Comr. of His Majesty's Navy at Ply- 
mouth. 

And the proper notice will be j^iven of the said Hooks beiuf^ closed, as 
soon as the intentled number snail be completed, or at least on the 7th 
day of April. 

It is ))roposed that the transports shall be ready to receive such persons 
on board on the 10th April, and bo ready to sail on the '20th, and that 
timely notice will be ^jiven of the place or places to which such persons 
are to re[)air in order to embark. 

That for the benefit of the settlement, the same conditions which are 
r.roposod to private soldiers and seamen shall likewise be t,'ranted to 
v •;• jK'Hters, Shipwri^^hts, Smiths, Masons, Joiners, 15rickmakers, Brick- 
1', tr?;, and all other artilicers necessary in building or husbandry, not 
U ''-^ private soldiers or seamen. 

'x luiii the same conditions as are proposed to those who liave served 
in the capacity of Ensif^n shall extend to all Surgeons, whether they have 



RKPRKSEN'TATIVE ASSEMBLIES. 9 

been in IIi« ^Vliije^ty's service or not, upon their prodncin;,' proper certifi- 
cates of their bein!4 ihily ijuiililied. 

]>y order of the Ki.ijht lion, thu Lords Conn's, of Trade luid Phmta 

tions. 

TlIoMSS IIlI.l,, 

hjecretury. 
•J. Cdiiniiis.'^ioii III' (iovcrnur C<iniir(illis.'' 174'J. 



Cii;oi:i;i: rm; Hkconi>, hy tiie (!race of (loci of (Ireat Britain, I'l-ance and 
Inland, Kin^', Defender of tlie Faitii, etc. To onr trusty a!id well- 
beloviMl, the Homnwble J'JnwAin) CoitNWAi.i.is, Jlsijuire, Ciret'tinj^. Whereas 
wf did by onr letters patent nnder our (ireat iSeiil of (ireat Britain, bear- 
in;4 date at Westminster the eleventh day of September in the second 
yearof our rei;,ni, constitute and a[)[)oint Hieliard l'hili])[)"s,' ' J'Js(juire, our 
Ca^itain Cieneral and Governor in Cliiuf, in and over our I'rovince of 
Nova 8cotia or Acadie'-' in America, with all the rii^hts, members and 
appnrtiiiances whats(]e\er thereunto belonj^int,', for and duiin;^ our will 
and pKasurc ; as by the said recited letters patent, relation beinj,' there- 
unto iiad, may more fully and at lai'f^e appear. 

Now know yon that we have rcNoked and detirmined, and by thcsi' 
presents do revoke and determine the said recitetl lettei's patent, and 
every clause, article and thinj,' tlierein contained ; and furtlier know you 
that we reposing,' special trust and confidence in the prudence, coura'^c, 
and loyalty of you, the said Edward Cornwallis, of our special ^race, 
certain knowled^'e and meer motion, have thouf^ht tit to constitute am.! 
api>oint you, the said J'^dward Cornwallis, to be our Captain Geneial, A 
(lovernor in Chief in and over our l'ro\ ince of Nova Kcotia or Acailie in 
Aniei'i(;a, with all the rij^hts, members, and a[)purtenances whatsoever 
thereunto belon.t^in^', and we do hereby recpure and comnuind you to do 
and execute till things in due manner that shall belon;,' unto your said 
coinnnind and the trust we have reposed in you accordini^ to the several 
powers and authorities j,'ranted or appointed yon by this pi-esent Conunis- 
sion and the instructions herewith j^iven yon, or l)y such fui'ther powers, 
instruetions and authorities as shall at any time hereafter ite granted oi" 
appointed yon under our sif^net and si;^n manutd, or by our order in oxw 
privy Council, and accordin;,' to such reasonable laws and statutes as 
hereafter shall be made or a<^reed ui)on by you with the advice and con- 
sent of our ("ouncil and the Assembly of our said Province, under your 
^,'overninent hereafter to be ai)pointed in such nninuer and form as is 
hereafter expressed. 

And for the better administration of justice, and the management of 
tlie public affairs of our said Province, we hereby j^ive and ;,'rant unto 
you, the said V^dward Cornwallis, full power and authority to chuse, 



u 



10 



REPRESENTATIVK ASSEMnLIKS. 



nominate, and appoint such fitting and discreet persons as you sliall 
either find there or carry alonj,' with you not exceodinj^ tlie number of 
Twelve, to be of our Council ' -' in our said Province. As also to nominate 
and appoint by warrant under your hand and seal all such other ofticera 
and ministers as you shall jud>,'e proper and necessary for our service and 
the ),'ood of the people whom we shall settle in our said Province until 
our further will and pleasure shall be known. 

And our will and pleasure is, that you the said Edward Cornwallis, 
(after the publication of these our letters patent) do take the Oaths 
appointed to bo taken by an Act'^imssod in the first year of his late 
Majesty's, our Royal fpther's reif,'n, entitled " An Act for the fui'ther 
security of His Majesty's Person and Government and the succession of 
the Crown in the Heirs of the late Princess Sophia, beinj^ Protestants, and 
for extinguishing; the hopes of the pretended Prince of Wales and his 
open and secret abettors." As also that you make and subscribe the 
Declaration mentioned in an Act^* of Parliament made in the twenty- 
fifth year of the reign of King Chai'les the Second, entitled " An Act for 
preventing danger which may happen from Popish Kocusants." And like- 
wise that you take the usual Oath for the due execution of the ofiice and 
trust of our Captain 'General & Governor in Chief of our said I'ro- 
vince, for the due o,nd impartial administration of justice; and further 
that you take the oath required to be taken by Governors of Plantations 
to do their utmost that the several laws relating to Trade and the 
Plantations be observed. All which said oaths and declaration our 
<Jouncil in our said province, or any five of the members thereof, have 
hereby full power and authority and are required to tender and adminis- 
ter unto you and in your absence to our Lieutenant Governor, if there be 
any upon the place, all which being duly performed you shall adminis- 
ter unto each of the members of our said Council, as also to our Lieuten- 
ant Governor, if there be any such upon the place, the said oaths men- 
tioned in the said Act entitled " An Act for the further security of Hia 
Majesty's Person and Government and the succession of the Crown in the 
Heirs of the late Princess Sophia, being Protestants, and for extinguishing 
the hopes of the pretended Prince of Wales and his open and secret abet- 
tors ; " as also to cause them to make and subscribe the afore-mentioned 
declaration and to administer to them the oath for the due execution of 
their places and trusts. 

And we do hereby give & grant unto you full power and authority to 
suspend any of the members of our said Council to be appointed by you 
as aforesaid from sitting, voting, and assisting therein if you shall find 
just cause for so doing. 

And if it shall at any time happen that by the death, departure out of 
our said Province, suspension of any of our said Councilors, or other- 



hi 

til 
it| 



REPRESENTATIVE ASSEMBLIES. 



11 



ishing 

abet- 

tioiied 

ion of 



wise, there shall be a vacancy in our said Council (any five whereof wo do 
hereby appoint to be a quorum), our will and pleasure is that you si;,'nify 
the same unto us by the first opportunity that we may under our signet 
<i' sign manuel constitute and appoint otliers in their stead. 

But that our affairs at that distance may not suffer for want of a due 
number of Councilors, if ever it shall happen that there shall be less 
than nine of tliem residing in our said Province, we hereby give and 
grant unto you the said Edward Cornwallis full power and authority to 
chuse as many persons out of the principal freeholders inhabitants 
thereof as will make up the full number of our said Council to be nine 
and no more ; which persons so chosen and appointed by you shall be to 
all intents and purposes Councilors in our said Province until either they 
shall be confirmed by us, or that by the nomination of others by us under 
our sign manuel or signet our said Council shall have nine or more 
persons in it. 

And we do hereby give and grant unto you full power & authority, with 
the advice and consent of our said Council, from time to time as need shall 
require, to summon and call General Assemblys of the Freeholders and 
Planters within your Government according to the usage of the rest of 
our Colonies & Plantations in America.' ■''• 

And our will and pleasure is that the persons thereupon duly elected 
by the major part of the Freeholders of the respective counties and ])laces 
& so returned shall before their setting take tlie Oaths mentioned in the 
Act entitled " An Act for the further security of his Majesty's Person and 
Government and the succession of the Crown in tiie Heirs of the late 
Princess Sophia being Protestants, and for extinguishing the hopes of the 
pretended Prince of Wales and his open and secret abettors," as also 
make and subscribe the afore-mentioned declaration (which Oaths & 
Declaration you shall commissionate fit persons under our Seal of Nova 
Scotia to tender and administer unto tiiem,) and until the same sliall be 
so taken and subscribed no person shall be cai)able of sitting tho' 
elected, and we do hereby declai'e that the persons so elected and quali- 
fied shall be called and deemetl the General Assembly (if that our Pro- 
vince of Nova Scotia. 

And that you the said Edward Cornwallis with the advice and consent 
of our said Council and Assembly, or the major part of them respectively, 
shall have full power and authority to make, constitute, and ordain Laws, 
Statutes, A- Ordinances for the Publick peace, welfare S: gooil govern- 
ment of our said province and of the people and inhabitants thereof and 
such otliers as shall resort thereto, & for the benefit of us, our heirs and 
successors, which said Laws, Statutes, and Ordinances are not to be 
repugnant, but as near as may be agreeable, to the Laws and Statutes of 
this our Kingdom of Great Britain."' 



12 



UKI'IIKSENTATIVE A.SSK.MULIES. 



PrnvNd (1 tlmt all such Liiws, Sfiitiitos A- Ordinances, r.i what natnic or 
(luratinn so ever bo within thi-cc months or sooner after tiie niaiunj,' 
tliereof transmitted to us nnd( r oin- Seal of Nova Scotia for f)ur 
ajuirnljation oi- disallowance thereof, as also duplicates hy tlie next 
conveyance. 

And in case any or all of the said Laws, Statuti'S iV Ordinances not 
before confirmed by us siiall at any time be disallowed, and not approved 
it so sif^nified liy us our Hi'ii's or Successors under our or tlieir si^'n 
manuel <^' signet, or liy order of our or their ju-ivy ('oun<:il unto you the 
said Ji^dwiud Cornwallis, or to the (.'ommander in Chief of our said 
Province foi" the lime heinj^, then sucli and s(j nuvuy of the said Laws, 
Statutes, and Ordinances as siuvU be so disallowed iV not appi'oved slnill 
from thenceforth cease, determine, A become utterly void iV of none 
effect, anythiiij^ to the contrary tliereof uf)twithstandiu^'. 

Anil to the end tliat nothing may he [)assed or doiii' uy our said 
Council or Assembly to the prejudice of ns our Heirs it Successors, we 
will it ordain that you the said Ivlward Cornwallis shall have and enjoy 
a ne>^ative voice in the making and passinj,' of all Laws, Statutes it 
Ordinances as aforesaid. 

And you shall it may likewise from time to time, as you shall judi^c 
it necessary, adjourn, [)ror(.>^;ue it dissolve all (ieneral Assemblies ;is 
aforcstiid. 

And our further will aucl pleasure is that you shall and may Iveep it 
use the rublick Seal of our l'ro\ince of No\a Scotia for sealing all 
tilings whatsoever that pass the Oreat Seal of our said Province under 
your Government. 

And we do further j.;ive and 1,'rant unto you tlie said lOdward Corn- 
wallis full power and authority from time to time it at any time here- 
after, by yourself or by any other to be authori/ed by you in that behalf, 
to administer and '^ive the Oaths mentioned in the aforesaid Act tcj all 
and every sucli [lerson or [lersons as you shall think fit, who sliall at any 
time or times pass into our said I'rovince or shall be residing' or abiding 
there. 

And we do by these presents give and grant unto you the said Edward 
Cornwallis full ])ower and authority, witii advice and consent of our said 
Council, to cect, constitute, and establish such and so many Courts of 
Judicature it Publick Justice within our said Province and Dominion as 
you and they shall thiidv fit and necessary for the hearing it determining 
all causes as well Criminal as Civil according to Law and Equity, and 
for awarding of Execution thereupon with all reasonable and necessary 
powers, authorities, fees it privilege& belonging thereunto, as also to 
appoint tt commissionate fit persons in the several parts of your Govern- 
ment to administer the oaths mentioned in the aforesaid Act, entitled 



UKI'RKSENTATIVF, ASSKMnLIKS. 



13 



"An Act for tlio fiivtlicr security of Tlis ^lajfsty's Person it Governinciit 
A' the Succession of the (,'ro\vu in tiie Jlcirs of tlie lute I'l'incess Sophia 
heina Protestants, and for extinj^uishin^' tiie liopes of tlie ))retei!cle(l 
Prince of Wales and liis open and secret ahettors ; " as alsn to iidminister 
the afiiresiiiil declaration unto such persons helon^'iiiL; to the said Courts 
as shall l>e oblii^'i'd to take the same. 

And we do hereby authorise and inijjower you to constitute and 
ajipoint .]ud>,'es, iV in (;ases relpli^^ite Conunissioners of Oyer iV Teiininer, 
Justices of the Peace, and other necessary otVicers iV ministers in our 
said I'rovince for the better administration of Justice and jiuttin;,' the 
Laws in execution, and to administer or cause to be administeri'd unto 
them such oath or oaths as ari' usually ^'iven for the due execution and 
performance of offices and places and for the eleai'in^' of truth in -Judicial 
Causes. 

And we do hereby j^ive and ^'rant unto you full power iV authority, where 
you shall see cause, or shall judj^e any offender or offender in criminal 
matters oi- for any fhies or forfeitures due unto ns lit objects of our 
mi'rcy, to pardcin all such offenders and to reniitt all such offences, fines 
anil forfeitures, treason iV willfull murder only excei)ted ; in which cases 
you shall likewise ha\e jiower >i))on extiaordinary occasicnis to j,'i'ant 
reprieves to the offenders untill iV to the intent our Koyal [ileasure nniy 
be known therein. 

We do by these presents authorise and empower you to collate any 
person or persons to any cliurches, chapels, or other ecclesiastical heiie- 
ticos within our said Province as often as any of tliem shall happen to be 
void. 

And we do hereby j^ive it ^rant imto yon the said IMward ('ornwallis, 
by yourself or by your ca))tains it connnanders by you to be authorised, 
full power and authority to levy. arm. mnsti'i', comnumd it employ all 
persons whatsoever residing within our said Province, and as occasion 
shall serve, to march front one jilacc to another or to emliark tia'm for 
the resistinj,' it withstanding of all enemies, pirates it rebels, both at land 
and sea, and to transport such forces to any of oiu- plantations in 
America, if necessity shall require, for the defence of the same ai;ainst 
the invasion or attempts of any of our enemies : and such enemies, [)irates 
tt rebels, if there shall be occasion to [)ursue and prosecute in fir out of the 
limits of our said Province and plantations or any of them it (if it shall 
so please God) to vanquish, apprehend iV take them, it bein;4 taken, 
according to law to put to ileath or keep and preserve them alive at your 
discretion, it to execute Martial Law in time of invasion or other times 
when by law it may be executed, it to do iV execute all it every other 
thiiij^ or thinj^s which to our Captain Generals iV Governor in Chief, doetli 
or ought of right to belong. 



14 



HKIMIKSEXTATIVK ASSF,MIU,IKS. 



And wo do hereby U'vc it' [.'niut unto you full power and authority by 
cV with the advice and consent of our said Council of Nova Scotia, to 
erect, raiHc iV hnil<l in our naid Province hucIi it so many forts it plat- 
forms, castles, citys. borout,'hs, towns it fortitications as you by the 
advice aforesaid sliall jud^^e necesf iry, and the same or any of them to 
fortify and furnish with ordnance, ammunition it all sorts of arms fit 
and necessary for the security and defence of our said I'rovince, and by 
the advice aforesaid the same ajjain, or any of tliem. to demolish or dis- 
nuintle as may be most con\T'nient. 

And for as much as divers mutinies it disorders may happen by per- 
sons shipped and emiilnyed at sea duriuf^ the time of war, and to the end 
that such as shall be shipped it employed at sea lurint^ the time of war 
may be better <,'overned it ordered, we liereby ;^'ive an<l tyrant unto you, 
the said Edward Cornwallis, full power and authority to constitute & 
appoint captains, lieutenants, nnisters of ships, it otiier commanders it 
officers, and to ^jrant to such captains, lieutenants, masters of ships, it 
other commiMiders it otVicers commissions in time of war to execute the 
law nnirtial accordinj^ to the directions of sucli laws as are now in force 
or shall hereafter be passed in (ireat Jiritain for that pur^wse, and to use 
such proceedinj^s, authorities, j)unishmonts and executions upon any 
offender or offenders who shall be mutinous, seilitious, disorderly or any 
way unruly either at sea or duriii',' the time of tlieir aljode or residence in 
any of the ports, harbours or bays of our said I'rovince, as the cause shall 
be found tt) reijuire acconlinj,' to the martial law and the said directions 
durinji the time of war as aforesaid. 

I'rovyded that nolhint,' herein contained shall be construed to the 
enabling you or any by your authority to bald plea or have any jurisdic- 
tion of any offence, cause, nuitter or thinj^ committed or done upon the hi^h 
soa, or within any of the havens, rivers or creeks of our said Province 
under your ^^overnment by any captain, commander, lieutenant, master, 
orticer, seaman, soldier or person whatsoever, who shall be in our actual 
service it pay in or on board any of our ships of war or other vessels, act- 
ing' by immediate Commission or Warrant from our Commissioners for 
executing the oftice of our Ili-^h Admiral of Great Britain for the time 
being, under the Seal of our Admiralty, but that sr.cli captain, com- 
mander, lieutenant, nuister, officer, seaman, soldier, or other person so 
offeniling shall be left to be proceeded against ct tryed as their offences shall 
require, either by Commission under our Great Seal of Great Britain, as 
the Statute of the 28th of Henry the Eighth directs, or by Commission 
from our said Commissioners for executing the office of our High Admiral, 
or from our High Admiral of Great Britain for the time being, according 
to the afore-mentioned Act for the establishing articles & orders for the 
regulating and better Government of His Majesty's Navies, Ships of War 
A Forces by Sea, and not otherwise. 



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Slil 



RKPKESENTATIVE ASSEMBLIES. 



rrnvvdcil MfViTtliili'ss tliiit all (lism•(|(■l•^^ A' inisiitnuMiiors cdnnniltid 



oil 



iiT l\v imy c'iiiituiii, t'()iuinaiili.'r, liiiiti imiit, inaster, of'tict'f, soiini 



ail 



shall 

tions 

to the 
isdic- 
hi-h 
nee 
aster, 
ctual 
act- 
s for 
time 
com- 
n so 
shall 
n, as 
ssion 
liral, 
ding 
• the 
War 



siildicr nr (illiiT person whatsoever l)elon^iii;,' to any of onr ships of war 
or other vessels nctinj^ ])y immediate C^onimission or Warrant from our 

said Commissioners for executing' the ofli if llii^li Aihniial, or from our 

IIi;;li Admiral of (iriat Hritain for the time heiu^' under the Seal of our 
Admiralty, may he trietl A' punished according,' to the laws of tlie place 
wliere aiiv such disorders, offences, and misdemeanors shall he committed 
on shore, notwithstandiiif^ such offender i)e in our actual service. A' borne 
ill our pay, on hoard any such our ships of war or other vessels acting; 
by iminediate Commission or Warrant from our said Commissioners for 
executing,' tiie ot'lice of I[i;^li Admiral, or our Hi;^h Admiral of (Ji-eat 
Britain for the time heiin^ as aforesaid, so as he shall not receive any 
protection for the avoiding; of justice for such offences committed on 
shore from any pretence of his heiii^' emi)loyed in our service at sea. 

And our further will and pleasure is that all publick money raised, or 
wiiicii shall be raised by any Act hereafter to be made within our said 
Province bo issued out by Warrant from you by A* with the advice and 
consent of the Council A- disposed of by you for the support of the Govern- 
ment, and not otherwise. 

And we do likewise t^ive A' ^'rant unto you full power and autiiority. by 
A' with tlie ailvice and consent of onr s;iid Couiieii, to settle and at,'ree 
witli the Inhabitants of our Province for such lands, tenements, A' here- 
ditaments iw . iu)w are or hereafter shall be in our power to dispose of, anil 
Ihein to j^raiit to any person or persons upon suca terms and uniler such 
moderati-' ipiit rents, services, and acknowledgments to he thereuiion 
vesLT%ed unto us as you by A' with the advice aforesaid shall tliiiik lit. 
Which said grants arc to pass A' he scaled l)y our seal of Nova Scotia, 
auil Ijeiiij^ entered upon record by such officer or ofticers as shall be 
appointed thereunto shall be j^oodA' effectual in law aijaiiist us, our heirs 
and successors. 

And we do hereby ;^ive you the said I'^dward Cornwallis full power to 
order and ap[)oint fairs, marts A- markets, as also such and so many ports, 
harbiHirs, bays, havens and other iilacos fur cotueiiieiice A' security' of 
sliippiuj,' A' f(jr the better loadin;^' A' unloadiiiL; of j,'oods A- merchan- 
dises, as by you witli the advice A' consent of the said Council shall be 
thout>lit hi and necessary. 

And we do hereby rei|uire i'^' command all oHiccrs A" ministers, civil A' 
military, and all other Inhabitants of our said I'rovinco, to be obedient, 
aiding and assis^in<,' unto you the said Edward Cornwallis in the execu- 
tion of this our commission and of the powers A' authorities herein con- 
tained, and in case of your death or abscence out of our said I'ro\ince to 
Ijc ubodifiit, aiiliiiL; A' assi'tiiii,' unto such person as shall be aiiiioiuted 



16 



REPRESENTATIVE ASSEMBLIES. 



l)yus to be our liientenant (lovcrnor or Commandor in Chief of onr said 
Province ; to wliom wo do tliercfore by these presents <;ive & fM-ant all 
iS: sin<,'nlar the powers tV authority's herein f^ranted, to be by him executed 
tt enjoyed durin^^ our pleasure or untill your ai'rival within our said 
Province. 

And if upon your death or absence out of our said Province there be 
no j)erson ui)on the place commissionated or appointed by us to be our 
r.leutenant Governor or Commander in Chief of the said Province, our 
will it pleasure i:4 that the Eldest Councilor, who shall be at the time of 
your death or absence residing within our said Province, shall take upon 
liini the administration of the government and execute our said Com- 
mission A Instructions and the several powers and authorities therein 
contained in the same manner ct to all intent and purposes as either our 
Governor or Commander in Chief siiould or ought to do in case of your 
absence until your return, or in all cases untill our further pleasure be 
known herein.'" 

And we do hereby declare, ordain ct appoint that you the said Edward 
Cornwallis shall & may hold, execute X- enjoy the oftice & place of 
our Captain General & Governor in Chief in & over our said Province of 
Nova Scotia, with all its rights, members & appurtenances whatsoever, 
tOL'ether with all i^ii- singular the powers and authorities hereby granted 
unto you for and during ou- will it pleasure. 

In witness whereof wc have caused these our letters to be made patent. 
Witness ourself at Westminster the sixth day of May in the twenty-second 
year of our reign. 

By writ of Privy Seal. 

(Signed) Youke & Yorke.»» 

[L. S.] 



•{. F..ctr((ct j'lviii <t Letter of Gorcriii>r fjitirri'iice^'-' to the Lords of Trade and 

I'llllltlltiollS. 

Jany. I'Jtu, 17;")5. 

I acquainted your Lordships in a former Letter that Mr. Pownall had, 
as from your liordships exprcHscd to the Cliief Justice some doubts about 
the Legislative authority of the Council.'^" 1 now transmit your Lord- 
ships his opinion thereon it is a case 1 am by no means a competent judge 
of but that power has hitlierto passed unquestioned in this Colony, and I 
doubt not but your Lordships are well satislied by both the Governors'-' 
that have gone liome, how impossible it is in our present circumstances, 
to cull an assembly, and what numberless inconveniences would attend 



REPRESENTATIVE ASSEMBLIES. 



17 



the colli'ctin^' a sot of ))i'()i)l(.' siicli ;is iire ti) be t'ounil ill tliis I'rovinco, in 
that sliii])t'. until we lire \K'iU'V prt'parcil for it, or it is in their i)o\ver to 
!.'r;uit money towards lU'frayin;^ the puhiie expense. 

Cii.\r.Li;s La\vi;i:.\ck. 



1. Kxtrnct from a Letter of tht' I.oril.< if Tnnle itiid I'liiitiilioiia to (lovenior 

Liiicreitee, dateil 

Wui\\:i\\hL, "Slw 7th. n').'). 

Innncdiiitcly npon the receipt of your Letter, we took into Considera- 
tion the observations made by tlie Chief Justice upon the power of the 
(tovcrnor it Council of Nova Hcotia, to pass Laws without an assembly, 
and as it appeared to us to be a matter of very great conseipience, We 
transmitted those observations toj,'ether with such parts of His Majesty's 
Coni'.nission and Instructions as related to tlu^ passing of Laws to His 
.Majesty's Attorney iV- Sollicitor (!enl. for their oi)inion ujjou this point, 
and having received their report, we herewith inclose to you a copy of it 
foi- your Guidance and Direction, and thout^h the callinL? of an Assembly 
niiiy in the i)resent circumstances of tlie C!olony be difficult and attended 
with some inconveniences, yet as the (Vttorney and KoUicitor (ieneral are 
of opinion that the Governor and Council have no power to enact Tiaws, 
we cannot sec how the Government can be properly carried on without 
such an Assembly ; We desire therefore you will immediately consult 
with his ^Majesty's Chief Justice in what manner an Assembly can be 
most properly convened, of what number of members it shall consist, how 
those members shall be elected, and what rules and methods of [)roceeding 
it nniy be necessary to prescribe for them, transmitting to us as soon as 
[lossiblo Your Opi-iion and Report thereupon, in as full and explicit a 
manner as possible, to the end We may lay this matter before His 
^Majesty for His Majesty's further Directions therein. 

As the Validity, however, of the Laws enacted by the Governor and 
Council, or the authority of those acting under them, do not appeal' to 
have been hitherto questioned. It is of the greatest conseciuence to the 
I'eace and Welfare of the Province that the oiiinion of His I\[ujesty's 
Attorney A' Hollicitor General should not be made public untill an 
Assembly can be convened and an Indemnilication passed for such Acts 
as have been done under Laws enacted without any proper authority. 



5. O^)' 'o)i of tlie ittorney uitil Solieitiir General. 

Pursuant to your Lordships' desire Signified to Us by Mr. Hill in bis 
Letter of the 31st of March last, setting forth, that a doubt having arisen 
whether the Governor and Council of His Majesty's Province of Nova 



18 



REPRESENTATIVE ASSEMBLIES. 



Scotia have a Powei' of enacting' Laws within the said Province, and 
Jonatlmn Hciclier, J'^aq., havinj^ transmitted to your Lordships his obser- 
vations tliercupon inclosing to Us a Copy of the said Observations 
tof^otlier with Copys of several clauses in the Commission and Instruc- 
tions of tiie said Governor of that Province referred to (all which ai'e 
herewith returned) and desiring' our opinion, whether the said Governor 
and Council liave or have not a Power to enact Laws for the pubHc 
Peace, Welfare and fjood Government of the said Province and the 
People and the Inliabitants thereof. 

We have taken the said Observations and clauses into Our Considera- 
tioii and are iumibly of opinion that the Governor and Council alone are 
not authorized by His Majesty to make Laws till there can be an 
Assembly. 

His Majesty has ordered the Government of the Infant Colony to be 
pursuant to his Commission and Instructions and such further Directions- 
as Ho sliould ^ivo under his Hi<;n Manual or by Order in Council. 

All of which is humbly submitted to Your Lordships Consideration. 

(Signed) Wm. Mcruay.^^ 

April 'illth, 17u5. Richd. Lloyd. 



0. Prupo.-ii'd Ci))i,stituli()n of the LeQislative Asitemhhj, 

At a Council'^ •' holdenat the Governor's House in Halifax, on Monday,, 
the ;h'd Jany., IT;')?. 

His r].\ceilency, the Governor, toj^'cthcr with His IMajesty's Council, 
having had under mature consideration the necessary and most expedient 
measures for currying into Ivxecution those parts of His Majesty's Com- 
mission and Instructions wliich relate to the calling General Assemblies 
witliin the Province, came to the following Kesolutions thereon, viz : 

That a House of Representatives of the inhabitants of this Province be 
the Civil Legislature tliereof, in Conjunction with His Majesty's Governor 
or Comnmnder in Chief for the time being, and His ^Majesty's Council 
of saiil Province, the first House to be Elected and Convened in the fol- 
lowing manner, and to be stiled tlie General Assembly, vizt. 

Tliat tin re slmll he Elected for the Province at large until the same 

sluiU 1)L' divided into Counties 12 members, 

I'or the Township of Halifax 4 " 

For the Township of Lunenburg 2 " 

For the Townsliip of Dartmouth 1 " 

For tlie 'J'ownship of Lawrence Town.... 1 " 

For tlie Township of Annapolis Koyal.... 1 " 

For the Township of Cumberland 1 " 

22 

« • * • • 



RKl'KKSKNTATIVE ASSEMBLIKS. 



19 



ouncil, 
ledient 
Com- 
mblies 

nee be 
)vernor 
Jouncil 
the fol- 

suine 



Tliat wlien twenty-five Qnaliticd Electors shall be settled at Pisiquid, 
Minas, Cobequid, or any otiiei- Townships which nuxy hereafter be erected, 
eacli of the said Townships so settled, shall for their enconrajjernent be 
entitled to send one Representative of the General Assembly, and shall 
iikr'wise have a Ili^'lit of voting,' in the Election of l<epresentatives for the 
Province at larj^e. 

That the House shall always consist of ut least sixteen members 
present besides the Sia'aker. liefore tiiey enter upon Business, 

That no person sliallbc clios'jn as a member of the said House, or shall 
have a Ri;4iit of Voting in the Election of any IMembcr of the said House, 
who shall be a Popish Kecnsaut. or shall be under the A.s,'e of Twenty- 
One Years, or who shall nnt at tlie time of such Election, be possessed in 
his own Kiu'ht of a I'^reehold Instate within the District for which he 
shall be Elected, or shall so vote, nor shall any 1-^lector have more than 
One Vote for each Member to l)e (^liosen for t!ie Province at larf,'e, or for 
any Township; and that each I reeholder present at such Election, and 
iiivin;,' his Vote for one Member for the Province at larj^'e shall be oblijjed 
to Vote also for the other l^leven. 

That respeetint; Eree'iolds wliich may iuive been conveyed by the 
Sheriff, by vii'tue of an Execution, the Rij^ht of Votin<{ shall remain and 
be in the Persons from whom the same were taken in Execution, until 
the time of Redemption be elapsed. 

That no Non-('ommissioned Ofhcer or Private Soldier in actual Ser- 
vice shall have a rij^ht of voting', by virtue of any Dwellin;^ built upon 
Sufferance, nor any Possession of Freehold, unless the same be registered 
to him. 

Ti."t all the I'dectors shall, if so re(]uired at the time of the Election, 
lake the usual State Oaths appointed by Law, and declare and subscribe 
tlie test. 

That any Voter shall at the request of any Candidate be obli<,'ed to take 
the following Oath," ' which Oath, together with the State Oaths, the 
Ki'tnruiu^' Oliicer is hereby empowered to administer : 

"I .\. H., do swoiiv that I am a Frc'chnlilor in tlu! Tf)\viisliiii of , in 

tlif I'l-oviiicc of Ndvn S('(Uiii. lunl have FruchuM l.amls fV Hi'n'ilitiniu'Uts lyiuj; or 
ln'iiitiiit witliiii till) said Tu\viislii|), aiid tliat such I'ri'fholil ICstato 

liiith not hi'eii iiiaile or j^rauteil to uio frau<hili!iitly on purpose tn inialify niu to 
live my voto. and that I have not received or liad l)y luysolt', or any purson what- 
-ocvt'i- in 'I'nist for nie, or for my use and bonctit, directly or indiroctly. any snui 
"1- snnis of iMoiu\v, olUoc, phico. or cniployiiioiit, f^ift or reward, or any promise or 
-I'liu'ity for luiy nioiioy. otlioi,', I'miiloymcnt nr f^ift in ordor to f^lvo my vote at thin 
I'.lictioi., luid tliat 1 havo lint ln.ftjri' bouii I'ollcil ut this IHectioii, and that llio 
I'lai'c of my abode is ut 

That a precept be issued by Mis Excellency, the Ciovernor, to the Pro- 
\'iNt ]\larsliiil or Siieril't of tlic I'lMviiu^e re<iuiring him by himself or his 

It. 0.0. — 2 



20 



REPRESENTATIVE ASSEMBLIES. 



Deputys to Summon the Freeholders of the Province to meet within their 
respective Districts, at some convenient place and time, to be by the said 
Provost Marshal or one of his Deputies appointed, and of which he or 
they shall give Twenty days Notice then and there to elect (agreeable to 
the Regulations hereby prescribed) such a number of Representatives, as 
shall in the said precept be expressed, agreeable to the preceding detail. 

That on account of the present rigorous season, the precept for Con- 
vening the first Assembly be made returnable in Sixty days from the date 
thereof, at which time the Assembly shall meet at such i>lace as His 
Excellency, the Governor, shall appoint in the Precept. 

That the Provost Marshal or his Deputy shall be the returning officer of 
the Elections, to be held by him with the Assistance of three of the Free- 
holders present, to be appointed and sworn by the returning officer for 
that purpose, and in case a scrutiny shall be demanded, the same shall 
be made by them, and in case of further contest the same to be determined 
by the House. The Poll for each Township to be closed at the expiration 
of Forty -eight hours from the time of its being opened ; and for the Pro- 
vince at large the Poll, after four days from the time of its being opened 
for the election, shall be sealed up by the returning officer for each Town- 
ship, and transmitted to the Provost Marshal by the first opportunity, 
that seasonable notice may be given to the persons who shall upon exam- 
ination appear to have been chosen by the greatest number of the said 
votes. Provided, nevertheless, that if the votes in the Township of 
Annapolis Royal and Cumberland for the first members of the Province 
at large, shall not be returned Eight days before the expiration of the 
time limited for returning the Precept, the Provost Marshall shall, in 
•such case, proceed to declare who are the persona elected, from the other 
votes in his hands. 

That the Provost Marshall or his Deputy, shall appoint for each candi- 
date, such one person as shall be nominated to him by each candidate, to 
be Inspectors of the returning officer and his assistants. 

That no person shall be deemed duly Elected who shall not have the 
vote of a majority of the Electors present. 

That the names of all persons voted for, together with Names of 
the Voters, shall at the time of voting be publickly declared and entered 
on a Book kept for that purpose. 

That in case of the Absence of any of the members from the Province, 
for the term of two months, it shall and may be lawful for the Governor, 
Lieutenant Governor, or Commander-in-Chief (if he shall judge it neces- 
sary) to issue his Precept for the choice of others in their stead. 

That the Returning Officer shall cause the foregoing Resolution to be 

publicly read at the opening of each meeting for the Elections, and to 

govern the said meeting agreeable thereto.'-" 

CiuuLEs Lawuknce. 



REPRESENTATIVE ASSEMBLIES. 



21 



7. Extract from Letter of Lords of Trade to Governor Lawrence. 

Whitehall, FEnY. 7, 1758. 
We have fully conaidered that part of your Letter which relates to 
tlie callinj,' an Assembly, and also the Plan for that purpose, contained 
ill the minutes of the Council transmitted with it, and having so often 
iuul so fully repeated to you our sense and opinion of the propriety & 
necessity of this measure takiiif^ place, it only now remains for Us to 
direct its beinj,' carried into immediate execution, that His Majesty's 
subjects (great part of whom are alleged to have quitted the Province on 
account of the great discontent prevailing for want of an Assembly) may 
no longer be deprived of that privilege, which was promised to them by 
His Majesty, when the Settlement of this Colony was first undertaken, 
4nid was one of the conditions upon which they accepted the Proposals 
then made. We are sensible that the Execution of this measure may in 
tlie present situation of the Colony be attended with many difficulties, 
niid possibly may in its consecpiences, in some respects interfere with, and 
probably embarrass His Majesty's service ; but without regard to these 
-Considerations, or to what may be the opinion of individuals with respect 
to this measure. We think it of indispensable necessity that it should be 
immediately carried into execution. 



Prince Edward Island. 



■i» 



Coinmi union to Governor Paterso)i, 1769. 

Geohc.e the TriiuD, by the grace of God, of Great Britain, France, and 
Ireland, King, Defender of the Faith, &c. To our trusty and well-beloved 
Walteh Pateuson, Esquire, greeting. Whereas we did by Our Letters 
Patent bearing date at Westminster the Eleventh day of August, one 
tliousiind, seven hundred and sixty-six, in the sixth year of Our lleign, 
constitute and appoint our trusty and well-beloved William Campbell, 
Esquire, commonly called Lord William Campbell, to be our Captain- 
General and Governor-in-Chief in and over Our Province of Nova Scotia, 
bounded on the westward by a line drawn from Cape Sable across the 
entrance of the Bay of Fundy to the mouth of the River St. Croix, by the 
waid river to its source, and by a line drawn due north from thence to the 
southern boundary of Our Colony of Quebec,'^" to the nortiiward by the 
said boundary as far as the western extremity of the Bay des Chaleur, 
to the eastward by the said Bay and the Gulf of St. Lawrence to the 
Cape or Promontory called Capo Breton, in the Island of that name, 
iuchuling that Island, '^^ the Island of St. John,'"' and all other Islands 



22 



r?:preskntative ahhkmbliks. 



within six leagues of tlic coast, iiiul to tlio sontliwiinl liy tlic Atlantic 
Ocean from the said ("ape to CajK! Kahle aforosaid, i3!ulii(lin<^ tlio Island 
of that name, and all other Islands within forty leagues of the coast, 
with all the ri^;lus, members, and fijipni'tenances whatsoever therer.nto 
belonyinji, for and dni'ln",' our will and pleasure as b\' the said recited 
Letters Patent, relation bein.^ thereunto had, may more fully at larj^e 
appear. Now, know You that we have revt)ked and determined, and by 
these presents do revoke and determine, such i)arts and so much of the 
said recited Letters Patent, and every clause, article, and thint; theii^in 
contained as relates to or mentions the Island of St. John. And Fur 
ther Know i'ou, that we, reposinj^ especnil trust and confidence in tlie 
prudence, courage, anci loyalty of you the said Walter I'aterson. of Our 
especial (jrace, certain kiiowled-^e, and mere motion, have thouj^lit lit to 
constitute and ai;p(-i:' 1 by these Presents do constitute and appoint 
you the said ^\ a'tci ..e on to be our Captain-General and Governor- 
in-Chief in and ovc- I .i;.d of St. Jo}ui, and our Territories adjacent 

thereto in America, and whicli now are, or hitherto have been dependent 
thereupon, and wc 1) loroby rei;nire and command you to do and execute 
all thinf,'s in due maiaier i.; i.t siit. . oelon<.^ to your said command.'-"' * ' 

In witness whereof, We have cunseii these Our Letters to be made 
Patent : Witness Ourselves at Westminster, tlie fourth day of Aut,'ust, in 
the ninth year of Our Reign, 

By Writ of Privy Council. 

YonKK Q. YoitKK. 



New Brunswick. 



(\)mmisiii()it"" to Govi'mitr Ciirleton, 17SI. 

GEoiidi: THK Tniiii), liy the Gi'ace of God, of Great Britain, France and 
Ireland, King, Defender of the Faith, iVc. To Our Trusty and Well 
beloved Thom.vs Caulkton, Esquire, Greeting. We, reposing especial 
trust and confidence in the prudence, courage, and loyalty of you, the 
said Thomas Carlcton, of Our special grace, certain knowledge and mere 
motion, have thought tit to constitute and appoint you, the said Thonifs 
Carleton, to be our ('aptain-General and Governorin-Oiiei of our 
Province of New Brunswick, bounded on the westward by the month of 
the River St. Croix, by the said river to its source, and by a line drawn 
due north from thence to the southern boundary of Our Province of 
Quebec,-" to the northward l)y the said boundary as far as the western 
extremity of the Ba\- dcs Chaleur, to the eastward by the said Bay and 
the Gulf of St. Lawrence to the Bay called Bay Verte, to the south by a 
line in the centre of the Bav of Fundv from the River St. Croix, afore- 



UP:PKESENTATIVi: ASSEMBLIKS. 



23 



M\k\, to the month of tlie Muscjuat River, by tlie said river to its source, 
and from tlieiico by iv chir oast line across the isthmus into the Bay Vcrto 
to join tlie eastern line above described, includinj^ all islands within six 
lea^'ues of the coast, with ail the ri<,'hts, members and appurtenances 
vvlmtsoever tliereunto belonj^inj,', and We do hereby reijuire and command 
you to do and execute all things in due manner that shall ii.elon-,' to your 
miid cunmiand.-" ' * * ' * 

In witness whereof. We have caused these Onr Letters to be made 
Patent: Witness Onrself, at Westminster, tiie sixteenth day of August, 
in tlie twenty-fourth year of Our Keign. 

Bv Writ of Pr.vv Seal. Youkk. 



NU'J'ES TO KErUHSENTATIVE ASSEMBLIES IN THE 
MARITIME PROVINCES. 



lince and 

lid Well 

especial 

lyou, the 

Ind mere 

rriiomi's 

of our 

liouth of 

|e tlrawn 

•ince of 

Iwesteni 

hav and 



Mm 



1 Tlieso .\ssoiiiblies wore established, not by Acts of the lU'itish I'arlianiont, but 
livcoiiunissions and instructions issued l)y the lviii« to tlieCioveniors of Provinces 
In this ruspuct their oriyiii was siniihir to tliat of th(^ Assi'inhlifs uf many uf tlio 
I'.iitisli I'lo" icL'S aloiiK the Athintic oniist. and <htJ'erent from th of the .\ssem- 
lilies of L'lii'or and Lower {'mmda. Kee tlie Commission to Lord Cornwallis, 171!), 
and the Constitutional .Vet, IT'.M. 

J The papers relatiiif; to Nova Scotia are reprinted from the volume published 
at Hiilifrtx iu Isiiil, entitled "Selections from the Public Documents of the I'ro- 
vuice of Nova Scotia." These selections were pulilislied iu compliance with a 
resolution adopted by the Housi? of Assembly in IsG.j. and were made from papers 
HI the archives of Xova Scotiii, I'aris, and London. 

'-■ The interval between I7i:i and iTl'J was occupied by conllicts with the French 
settlers of the district aloii},' the Hay of Fundy, and with the Indians who were 
allied with the French. The seat of British authority was .\nnapoli8, and the 
ciunitry was undia- militar\ rule. The centre of French intluence an<l operations 
was Louisburj.;, which was taken by an expedition from New Knt,'land in 1745, but 
was restored to France b>- the tii'aty of .Vix-la-Chape!le in J747. The project out- 
lined in this paiier was [iromiited by a ilesire to create in Nova Scotia a British 
r-ettleiuciit that would i)r<ive a real counterpoise to Cape liretoii. 

I The full title of this Department uf the Imperial Admiuislration was; " The 
Coniiuittee of His .Majesty's I'rivy Council appointed fiu- the consideration of niat- 
tiis ri'latiu!,' toTradeaiid I''ivrei^!u Plantations." The First Lord Commissioner at 
tills time was tieorKo .^Iollta^'ue, third Larl of Halifax, whose title is perpetuated 
111 the luinio of the city wliich resulted from the aettleiaent project. In 17Hi2 the 
-ncalled "Hoard of Trade and IMantatioiis" was abolished by statute, and this 
I'l'ined the way for the creation of the nio(U'rn Colcuiial Di'partmeiit uinler the 
cDiitro! of one of the "Secretaries of State." 

■ riiis injtieo was inserted as iiii advertisement in the London Gtufttf jf .March, 
iTr.i. 
'' On account of the peace of .Vix-la-Choi)L>lh' two years before'. 
'■ See the similar grants siioi.dtUMl in the Koyal Proclamation, 1703. 



24 



NOTES TO REPRESENTATIVE ASSEMRLIES. 



" Urnther of Thomas Pownall, who in 1757 became Governor of MassachuHettK, 
and ill lTdC) publislied in Enfjland a work of some value on "The Arlministration 
of till' ColonioR." The name }iere is misspelt. 

I' Thfi flon. Edward Coruwallis, fifth son of the third Baron rornwallis, and 
nnclt! of tlie Lord Cornwallis, who surrendered with his army at Yorktown and 
nftf'rwiirds took a prominent part in the ne^'otiations wliifh resulted in the uninn 
of (irciit Hritain and Ireland. He was Governor till 17"i'2. 

10 I'liilipps was appointed Governor in 1719, and asairi in 1728. The Commission 
issued in the latter year is the one here referred to. It is printed in full in the 
Sessional Papers of the Dominion Parliament, vol. .\vi.. No. 70. 

11 See Note ."> to the Treaty of Utrecht, 

I'.! Tlicni liad l)0(!n a Council before, but its inembcrsliip was increased by this 
Coiiimi^sion. .\ftpr the creation of the Assembly in U'lH it was both an K.xecutive 
and a Lcyislative Council till IKtS. when Lord Dnrliam took steps to scjiarate the 
two fiiiiclions and assign them to distinct bodies. See the instructions to Lord 
Diirhiini in the Uom. Sess. Papers, vol. xvi.. No. 70. 

la 1 GeorRO I. cap. 13. 

H 2") Charles II. cap. 2. 

IS For a history of iho constitutional machiiKM-y of the various Hritish Provinces 
in America see Hancroft's " History of tlie l.'nited States of .\merica," edition of 
IRsTi. Ijodt,'e's ''Short History of the EnuHsli Colonies in America" is a Rood 
summary of the subject. A collection of colonial documents, includinR the most 
important charters, was published as early as 171)2 in Philadelphia by Ebenezcr 
Hazard. See also "The Federal and State Constitutiotis, Colonial Charters, and 
other Organic. Laws of the United States," compiled by Hen. Perley Poore, 
WasliiuRton. I.S77. Several of the .\ssemblios referred to in the text had been 
in active operation for more than a century before the settlement of Halifax. 

ii'i Law-^ were made until 1758 by the Governor and Council without an .\ssembly. 
For specimens of their legislative work see the "Selections from the Public 
Docimients of Xuva Scotia." 

1" When (iovernor Lawrence died, somewhat suddenly, in 1700, Chief Justice 
Helcher, who was at that time President of the Council, a<iministered the Govern- 
ment. 

1" See the signatures appended to the commission to (Jovernor Patcrson of Prince 
Edward Iskuid, (iovernor Carleton of New Priiiiswick and (iovernor Murray of 
Quebec. In Maseres' "Collection of (~'ommissiinis," the commission to Sir Danvers 
Osborn as (iovernor of New York, 1754, is siRned " Yorke and Yorke." 

in Governor I<awroiice had been major in a reRimont that formed part of the 
garrison of LouisburR prior to its restoration to France under the Treaty of .\ix- 
la-Chapelle. He came to Halifax in 171il, and became lirst a member and after- 
wards the President of the Council. He succeeded to the Governorship in 17.")0, 
after haviuR served for throe years as administrator. .\t his instance, and under 
his direction tlit^ e.\patriation ot tlio -Vcadian French took place in 1755. The 
papers i)ul)lished in the Nova Scotian "Selections" show that he complied very 
reluctantly with tlie explicit instructions of the Lords of Trade and Plantations 
to call an Assembly, nnd that he actually succeeded in postponing action for three 
years. 

'JO The " Mr. Pownall " here mentioned was .John Pownall, Secretary to the Board 
of Trade and Phuitations. The ("liief Justice was Jonathan Belcher, son of (tov. 
Belchtr, of Massachusetts. He had studied law in ICnglaiid, and been apiiointed 
Chief .Justice in 1754. Both he and Mr. Pownall were well acquainted with the 
working of colonial Assemblies. 



N0TK8 TO REPRESENTATIVE ASSEMBLIES. 



25 



51 Cornwallis and Hopson. 

yi Attorney-General Murray shortly afterwards becanio Lord Chief Justice 
Mansfield. The oninion is liere given without reasons, but some light may he 
thrown on the latter hy a perusal of Lord Mansfield's judgment in CampbfU v. 
Hall. 

'ii Chief Justice Helcherluid previously prepared a scheme, the leading feature 
of which was that all the members should he elected by the Province at large. To 
this feature Gov. Lawrence objected, and this constitution was the result of the 
ensuing coiiipromisf!. The passage omitted contains simply the definition of the 
lioundaries of tlie six townships named. No duration was fi.xed for each Assembly, 
and one actually continued without a dissolution from 1770 to 17H5. The Ijords 
of Trade and Plantations suggested the New Hampsliire writ of summons as a 
niodi^. For modifications of the proposed constitution, adoiitod at the instance of 
til 3 " Lords," see the Nova Scotian " Selections," p. T2,i'i. 

•-'4 See similar oaths ui tlie Quebec .\ct, 1774, and the Constitutional Act, 1701. 

'iS Gov. Lawrence, in a letter written on tlie 2i)th of December, 175S, informs the 
Lords of Trade and Plantations that the tirst .\ssembly had mot and "passed 
n number of laws " He confessed that he was agreeably disappointed at the way 
ill which it did its work. 

-'*' Tli(! name of the island was long after this commission changed from St. .h)hn 
to I'rince Edward, as a compliment to Edward, Duke of Kent, the fatlusr of Queen 
Victoria. While it was part of Nova Scotia, in 17CS, it was surveyed into counties 
and townships, and granted in large tracts to a few proprietors, who were per- 
mitted to charge a yearly rental from settlers on their lands. This landlord 
system was maintained till lH7:i, when the Canadian Parliament agreed, as one of 
the conditions of the entrance of the Province into the Dominion, to extinguish 
the claims of the i)roprietors and convert tlie tenancies into freeholds (see Dom- 
inion Statutes, :tO Viet. chap. -10). It wos at the instance of the proprietors that 
the island was made a separate Province in 17C9. 

■.i" See the Uoyal Proclamation of 170;t, which created the Province of Quebec. 

■.!•■* For the political status of Capo Hreton see .Vppendix M. 

'-';' .1/ Uiti!< iiitilanili^ the remainder of the commission to Gov. Paterson is sub- 
stiintially identical in terms with the commission to Ctoveriior Cornwallis, 
already given at length. It retjuires him to take and administer the same oaths; 
to keej) and use the "Great Seal"; to call, adjourn, prorogue, and dissolve 
" (teneral .Assemblies" ; to establish courts and appoint judges and otiicers for the 
iKliuinistratiou of justice; to grant pardons and reprieves; to levy troops and 
i-rei't forts; to dispose of public lands; and to provide facilities for trade and 
iiavig ti" . I'he Commission will be found in extenxa in the Dominion Sessional 
Paiie..,, vol. xvi., No. 70. It is there stated that this is the only constitutional 
document on file amongst the records of I'rince Edw.ird Island. 

:« The text of this Commission is printed at length in the Dom. Sess. Pa|)ers, 
Vol. xvi.. No. 70. It is there stated that this is the only constitutional <locument 
that can bo found among the records of the Province. It is sui)p()sed that at 
Coiifed(>ration the missing papers were transferred toEngland in accordance with 
instructions sent out to tlie Ciovernor to that effect. The sei)aration of New 
Hrunswick fi'om Nova Scotia, like that of Upper from Lower Canada si^ven years 
later, was due to the influx of United Empire Loyalists from the United States. 

!fl The remainder of tlii! Commission is virtually identical with the Commissions 
to Governor Cornwallis. of Nova Scotia, and (iovernor Paterson, of Prince Edward 
Island, except that a clause is inserted transferring the custody of idiots aud 
lunatics, and their estates, from the Imperial to the Provincial authorities. 



1 



26 



TH?: CAI'lTrLATION OF (^IKliKC. 



AHTICLKS 1)K CAIMTII.ATION DK QlKliKC, 175!).' 

Articles dv capitulation (U-maiules ])ai' M. dc Kam/.ay,- Lieutenant 
pour io Roy coinnninilant les liaute et basse vilies do (Quebec, ('li"" de 
r Ordre Royal .V Militaire du St. liMuis. i\ son i'",xceilence ifonsieur ie 
Oeneral den troupes de sa Majcste J5rilani(iuo. 

" Tlie capitulation demanded f)ii tlio part of the enemy, and ^'ranted 
by tlu'ir Excellencies Admiral KainidiMs and (lenerai Townshend, iVc, 
Ac, iV'c, is in manner and form liereafter expressed "' 

AiiTici.r. i'iii;Mii.it. 

yi' de Ramzay demande les h>jnneurs de la guerre pour sa Jamison, 
drqu'elle soit ramenee a rarmeo en surete par le chemin le plus court, 
avec armes, ba^'aj^es, six ])icces de canon de fonte, deux niortiers ou 
obusiers, et douze cou[)S ii tirer par piece. 

" The j^arrison of the town, composed of land forces, marines, and 
sailors, shall i.iarch out witli tlieir amis ' and ha.^'^a^e, drums beating, 
matches lif^hbed, with two pietu^s of I''rencli canon, and twelve rounds for 
each piece; and shall be embarked as conveniently as possible, to be sent 
to tl;e tirst port in Trance. ' 

2. 

Que les habitans soient conserves dans la possession de leur nuiisous, 
biens, diets et priv-ile,L,'es. 

••Crrautf'd upon their layinj^ <lown their arms." 

H. 

Que les dits habitans ne pourront elrc recherclies jiour ivoir porte les 
armes a la detTense de la ville, attcndu (pi'ils y out etc forces, iV que les 
habitans des colonies des deux couromies y scrvent e;^alenient commo 
niilices. 

'■ Granted." 



Qu'il ne sc-ra pas tonciie aux effets des oH'iciers ik habitans absens. 
" Granted." 

Que les dits habitans ne seront point transfercs ni tenus de cpaittcr 
leurs maisons jus(ju ii ce qu'un traitc delinitif entre H. M. T. V,. et S. M. 
B.* ayt regie leur ctat. 

" Granted." 



Tin: CAl'ITULATION OF QCKHEC. 



27 



AKTICLKS OF TlIK CAlMTrLATlON OF QrKr.FC, 1750.' 

\rti('l('s (»f Cftpitiiliilii)ii (It'iimiidcd by M'' do Itiiiii/ay,'-' tlu' Kiiit^'^ 
LiiMitfiuiiit, coiiinminliii^ the iiiiili iiiul low towns of (Jiu'1)l:c, Kiiij,'lit of 
tlir Military Onli'i" of St. Louis, to His J'lxceliency the (JL'iienii of tin- 
trniips of liis Britimiiic !\Iiijusty. 

L,i I'lipitiiliition ilt'm;uul<''u d'aiitro jmrt a I'to accordeo piir son Excel 
it'tu'c (ic'iu'i'iil 'J'ownslifnd, ]iri<^iiilic'i' dos iiriiu'i's di' sti Miijesto Hritani(iiio 
on Anieriqiie tie la niaiiii'i'e iV anx conditions fxpriniocs cy dcssoiis. 

1. 

Mr. ilf Hain/ay deniamls the lionors of war for his j^arrison, and that 
it l)e taken ba^k to tiit- army in safety by the shortest route, with arms, 
bifi^a^^e, six pieces of brass canon, two mortars or howitzers, and twelve 
rounds for each piece. 

La ^arnison de la ville, c(nn[)osee des troui)e.s di? terre, de marinne, 
et matelots, sortiront de la vdleavec armes'' et baj,'at,'es, tambour battant, 
nieche alluniee, avec deux ])ieces de canon de France et douze coups ii 
tirer pour cluKpie piece, et sera end)ar(jut!o le i)lus coninn. dement possible 
[Miur Otre niise en l'"rance an premier port. 



That the inhabitants l)e pi'esirved in the [jossession of tiieir houses, 
^oods, effects, and privile^'es 

Accorde, en mettant les arnies has. 



That tile said iiduibitants shall not be called to account for having' 
borne arms in di'fence of thi! town, seeiiif,' that they have been forced to 
it, and lliat tlie inhabitants of the colonies of both crowns eipuvUy serve 
as militia. 

Accorde. 

4. 

That the effects of ab.sent officers and inhabitants shall not be 
touched, 

Accorde. 

5. 

That the .said inhabitants sliall not be removed, nor forced to leave 
their houses until a definitive treaty between his Most Christian Majesty 
and his Britannic Majesty have settled tludr status. 

A:;corde. 



28 



THE CAPITULATION OF QUKBEC. 



6. 

Que rcxercisc de la rdli(,'ion Catlioliqiic, iipostoliriue, et rnmaine Hora 
coriBerve ; quo Ton donnera dea Hauvof^ardea aiix inaiaons des ecclohiaa- 
tiqaes, rellif^ieux et rellii^ieiist'H, particulieremont i\ Mf,'r. rEvoquo de 
Quebec qui, rempli de /Mc pour la rollij^ion et de (^iiarite pour le peuple de 
son diocese, desire y rester conatainmeiit, exercer libreiiK ;it et avee la 
di'cenao que son etat ei les sacrea niysterea de la relli^^ion (Jatholicjue, 
apostolique, et roinaine exij^eiit, son authorite episcopale dans la viile de 
Quebec loraqu'il ju^'era apropoa. juaqu' a ce que la possession du Canada 
ait etc dccidee par un traite entro H. M. T. C et H. M. H.'' 

" The f>'ee exercise of the Roman relif^ion is {^ranted, likewise safe- 
•■uarda to all reli^^ious persons, as well as to the IJiahop, wli'> shall 
be at liberty to come and exercise, freely and with decency, the functions 
of his office, whenever he siiall think proper, until tlie possession of 
Canada shall have been decided between their Britannic and most 
CluMstian ^Majesties." 

7. 

Que I'artillerie et les munitions de guerre seront remises de bonne foy, 
et qu' 11 en sera dresse un inventaire. 

"Granted ■' 

8. 

Qu'il en sera use pour lea malades, blesaea, Commisaaire, aumoniera,. 
medecins, chirurgiens, apoticaires. et autrea peraonnes employes au ser- 
vice des hopitaux conformenient au traite d'echan<^e du (1 fevrier, 1750, 
convenu entre leurs M. T. C. et B. 

" Granted." 

9. 

Qu' avant de livrer la porte et I'entree de la ville aux troupes auf^loises, 
leur general voudra bien remettre quelques sohhita pour etre mis en 
sauve-gardes aux eglisea, convents, et principales habitations. 

"Granted." 

10. 



Qu' il sera permis au Lieutenant de Hoy commandant dans la ville de 
Quebec d'envoyer informer M' le Marquis de Vaudreuil," Gonverjieur 
General, de la reddition de la place, comm' auasi (jue le General pourr& 
ecrire au ministre de France pour Ten informer. 

"Granted." 



THE CAPITULATION OF QUEBEC. 



29 



6. 

That the exercise of the Catholic, Apostolic, and Roman relifjion shall 
be preHcrved; that safe-guards shall be f,'iven to the houses of the clcrt,'y, 
to the monasteries and the convents, especially to His Lordship tlie 
'^op of Quebec, who, full of zeal for relijjion and of love for the people 
3 diocese, desires to remain constantly in it, to exercise freely, and 
with the decency which liis standin^j and the sacred mysteries of tlie 
(Jatholic, Apostolic, iin<l Roman reli<?ion recjuires, his episcopal authority 
in the town of Quebec, whenever he shall think lit, until the possession 
(if Ciuiada has been decided by a treaty between his most Christian 
Majesty and liis J3ritannic Majesty.'"' 

Librr exercise de la reli<,'ion roinaine, sauves fjardes accordees ti toutes 
pcrsoiiiies reli^i' uses ;iiiisi (ju'a Mf I'evciiue (jui jjourra venir exercer 
librenieiit et avec decence les fonctions do son etat lorsqu'il lo juj^era 
apropos, jusipr a ce ijue ia possession du ("anada ayt etc decidcL' entre ya 
Majeste R. et S. M. T. ('. 



I. 



That the artillery and atnniunitioii siiall l)e<4iven up ii 
an inventory of them shall be made out. 
orde. 



•ood faitli. and 



That the treatment of the sick, the wounded, the cotninissary. the 
chaplains, tlie physicians, the sur^^eons, the apothecaries, and ulher 
persons employed in the hospital service shall bu in accoi'dancc with the 
cartel of the (ith of February, IToD, arranged between their most Christian 
and Britannic Majesties. 

Accorde. 

9. 

That before tlie surrender of the ^'ate and of the entrance of the town 
to the J'^nj^iih.. troops, their General will be f^ood enougli to send some 
soldiers to be placed as safe-guards over the churche.-s, the convents, 
and the principal residences. 

Accorde. 

10. 

That leave shall be granted to the Lieutenant of the Kin^J commandinf» 
in the town of Quebec to send to inform the Marquis de Vaudreuil,''' 
Governor-General, of the surrender of the place, as also that the General 
shall be allowedjto write to tlie French Minister to inform liim of it. 

Accorde. 



30 



THE CAPITULATION OF QUEBEC. 
11. 



Qm; la prosunto ciipitnlation sera exocntee suivant sa forme et tenour, 
saiiH ijii' ('lie j)nisso etrc sujctte a 1' inexectilion souh prettxte de retire- 
tfailk's oil fV line iuexociitioii ile (]uel<itie capitulatioii prect'deiite," 

"Gnuitcd." 

fiC present traite a ete fait et arrete double entre lu^is an camp devaiit 
Quebec, lelH'' Septembre, 17")',). 

CHAS. MAUNDERS. 

GEO. TOWNSHENU. 

I)E RAMZAY. 
Endorsed : — Capitulation of Quebec, 
in Gen' Towusliend's 
of Bepf 20th, 1759. 



NOTES TO THE CAPTTULATION OF QUEBEC. 

1 Till! left haiiil iiiit,'e contains tlio contract of surrender, the stipulations of 
the French c.omniandcr hciiif^ in French, and tlic replies of the British coniniandcis 
in Fntjlisli. The ri^ht liaiid pane contains an I'.uRlish translation of the French 
stiimlationa and a Froiieli translation of the Hritish conci'ssions. The Froucli text 
in hoth columns is printed from a certified copy of the original docnmont in the 
■"("oloniiil Ollice Pajiers'' under the title of "America ami the West Indies," 
vol, H^. Tliere are verbal dillcrences hetween this text and the one Kiven in 
Knox's " Historical .foiirnal of the CamjiaiKiis in North .\merica," (vol. II, p. h7). 
From the latter the text in vol. O. of the " Statutes of Lower Canada" seems to 
have lieen taken, with tlie correction of sonio literal errors. Tlio " First Series " 
of historical documents published by tlio "Literary and Historical Soci(>ty of 
Quebec " contains two versions of these articles, one f,'iven at j). '2'1! of the " Fveiie- 
inents de la tiuerroen Canada," the other as appendix No. 7 to the " Memoiro dii 
Sieur do Kame/.ay," .\p))endix No. '2 to the same " Memoire " is the draft of these 
articles sent by the Marquis de Vaudreuil to De Kainezay to be used in the 
evi^nt of the surrrender of Quebec becoinini4 a necessity. The texts of the 
<lraft and of the version (,'ivcn in the " Evonoments" a^^ree verbally with tlio text 
Imre printed, while the one Riven in .Vppendix No. 7 to the " Memoire" at^reos ver- 
bally with that f^ivon by Knox. The F,nt,'lisli translation of the French stipulations 
is based on the couteniiiorary translation niven by Knox, and on the translation 
Hiven ill the "Documents Uelative to the Colonial History of the State of New 
York," vol. X., p. lOll. These differ from each other, and neither of them has been 
followed where there seemed to be room for improvement. The Pritish concos- 






THK CAPITULATION OF QUEBEC. 



11. 



31 



Tluit tlie present capitulation simll be executed according to its form and 
tenor, without boint? subject to non-execution under pretext of reprisals, 
or of the non-exi!CMtion of some previous capitulation. '' 

Accorde. 

The present treaty has been made and executed in duplicati' between 
us at tlie camp before (Quebec, this IHth of September, lln'.). 

CIIAS. SAUNDERS. 
GEO. TOWNSIIEND 
DE HAMZAY. 

Iliidcir^ed : — Capitulation of Quebec, 
in Gen' Townshend's 
of Sep' -JOth, 1751). 



' ;1 



hioni- (lie piiiiterl aliiinst iili'iitieally in Iviiox's ■' Historical .lournal," in the Now 
Vork " l)iM!iiiiii'iits," 1111(1 ill the' Aiiinial l!u^;ister'' forl75'J(i). 'H7i. Knox's text 
Ims been liiu'e fullnwiHl as lie was on tlic siiot. 

J Knox spoils tlu) iiiuiio " Do Uainsay." In the " INIoiuoiro " reforrod to in note 1, 
wliitli was written by hiinsolf, lie spells it " Do Uanie/.ay." This" .Menioin; " was 
found by M Faribault in lK">-2, in tin; .\reliives of the Bureau dela Marine, whereto 
all niiiieiininee it liad lain from the tiinewlieii thoautlior iirepa,red it as a defence 
of liiniself auaiiist the charge of bavins too hastily surrendered (Juebec after tho 
deatli of Montcahii. 

:( Coinpire this concession with tliat (granted by (ien. .Vinherst the followint; 
year. Seethe Caiiitulatioii of Montreal. 
I " Sa >hijoste Tres Clu'etioniie ot Ha Majeste Itritaiuiiijue. " 

■' Fn the ilraft articles si'iit by the Marcpiisde Vaudreiiil to Lieutenant de Itanizay 
article U is accompanied by the following; coniiiient: " I'rouver (pie e'est riiiturust 
(le S. M. B. dans lo cas on le Canada luy resteroit, et (lu'on Ilurope touttes les con- 
(|uettes i|ue font les divt^rs soiiverains, ils no chan^'ent point Texereisc de reliKioii 
(pi aulaiit ipic ('(js coiKjuottes leur rtistent." 

" Then oncaiiiped at St, Au^'ustin, " four leagues trom (^iiehec. " From tliis lieai' 
(piarters he wrote on the 21st of September to M. lierryer in France a brief account 
(if the battle between Wolfe and .Montcalm, and of the subseijueiit surrender of 
t^iiebi'c, which ho characterized as proinaturo and contrary to orders. 

7, The reference seonis to he to tho massacre of Uritish prisoners of war, two 
years liefoie, at Fort William Henry, l)y the liuhan allies of Moncalni. See I'ark- 
iiiiiu's ■• Mdiiicalm and Wolfe, " chapter xv. 



S2 



THE CAPITULATION OF MONTREAL. 



ARTICLES DE CAPITULATION DE MONTREAL, 17G0.' 

Articles de Capitulation entre son Excellence le General Amherst, 
i'ommandant en Chef les troupes A forces de Sa Majeste Britanique en 
r Ameriquo Septentrionale, et son Excellence le M''* de Vaudreuil, Grand 
Croix de I'Ordre lloyal et Militaire de St. Louis, Gouverneur et Lieu- 
tenant General pour le Roy in Canada. 

AUT, I''''- 

Vint,'t-quatre heures apris la signature de la prcsente capitulation, le 
<^ieneral Anf^lois fera prendre par les troupes de Sa Majeste Britanique 
possession d'js portes de la Ville de Montreal, et la f^arnison Augloise ne 
poura y entrer qu apr^s 1' evacuation des troupes fr»n<;oises. 

" The whole garrison of Montreal must lay down their arms, and shall 
not serve during the present war.'- Immediately after the signing of 
the present capitulation, the King's troops shall take possession of the 
gates, and shall post the guards necessary to preserve good order in 
the town." " 

Art. 2. 

Les troupes et les milices, qui seront en garnison dans la ville de 

Montreal, en sortiront par la porte de* avec tons lea honeurs 

de la guerre, six pi6cesde canon, et un mortier, qui seront charges dans le 
vaisseau 6u le Marquis do Vaudreuil embarquora, avec dix coups ^ tirer 
par piiice. II en sera use de me me pour la garnisou de trois rivieres pour 
les honeurs de la guerre. 

" Referred to the next Article."" 



AuT. 3. 

Les troupes et milices qui seront en garnison dans le Fort de Jacques 
Oartier et dans 1' Isle S'" Holene, & autres forts, seront traittfies de 
meme et auront les momes honeurs, et ces troupes se rendront h Montreal, 
on aux 3 Rivieres, on ii Quebec, pour y estre toutes embarquces pour le 
premier port de mer en France par le plus court chemin. Les troupes 
qui sont dans nos postes aituos sur nos frontiers, du costc de I'Accadie, 
an D6troit, Michilimakinac, et autre postes, jouiront des mSraes honeurs 
et seront traittdes do mo me. 

"All these troops are not to servo during the present war, and shall 
likewise lay down their arms ; the rest is granted." 



THE CAPITULATION OF MONTREAL. 



88 



/a; 



ARTICLES OF THE CAPITULATION OF MONTREAL, 

1700.1 

Articles of Capitulation between their Excellencies, ]\rajor-General 
Anilierst, Commander-in-Chief of his Britannic Majesty's troops and 
forces in North America, on the one part, and the Manjuis de Vaudreuil, 
<Vc., Governor and Lieutenant-General for the Kinjj in Canada, on the 

other. 

Art 1. 

Twenty-four hours after the sif,'nin<; of the present capitulation, the 
Iv. j^lisii General shall cause the troops of his Britannic Majesty to take 
))r/ssessiou of the j^ates of the town of Montreal, and the En^'lish t;arrison 
siuill not enter the place till after its evacuation by the French troops. 

Toute la ^'arnison de Montreal doit mettre bp les armes, et ne servira 
point pendant la prc.seute {guerre- ; inimediatenient apres la signature de 
la preseute, les troupes du Roy prendront possession des portes et pos- 
teront les {gardes necessaires pour maintenir le bon ordre dans la ville."* 

Akt. 2. 

The troops and the militia, who are in garrison in the town of 

Montreal, shall go out of the gate of* with all the honors of 

war, six pieces of canon and one mortar, which shall be put on board the 
vessel on which the Manjnis de Vaudreuil shall embark, with ten rounds 
for each piece. The same treatment shall be extended to the garrison 
of Three Rivers, as to the honors of war. 



shall 



Aut. 3. 

The troops and militia, who shall be in garrison in the fort of Jacques 
<"artier and in the Island of St. Helen, and other forts, shall be treated 
in the same manner, and shall have the same honors ; and these troops 
shall go to Montreal, or to Three Rivers, or to Quebec, to be all there 
embarked for the first sea port in France, by the shortest way. The 
troops who are in our posts situated on our frontiers, on the side of 
Acadia, at Detroit, Michilimakinac, and other posts, shall enjoy the same 
honors, and be treated in the same manner. 

Toutes ces troupes ne doivent point servir pendant la presento guerre, 
et mettront pareillement les armes bas ; lo reste est accorde. 



34 



THE CAPITULATION OF MONTREAL. 



AiiT. 4. 

Les milices apres estro sorties des villes, ct ilcs forts ct jiostes cy dcssus, 
rctounieroiit clic/, ollcs, suns poiivoir ostro iiKjuictti'-cs, sous (jiu-hjuo 
pretexto que ce soit, pijui' avoir portc les armes. 

" fJrantcd." 

AiiT. a. 

Ijos troupes (^ui tienneut la campa<iiie leveront leur camii, niarclierout 
tambour battant, amies, ba^a<,'es, et avec leur artillerii', pour se joimlre 
i\ la t,'arnison de Montreal, et aurout en tout le ineiiie traitenient. 

" These troops, as well as the others, must lay down their arms.' 

Akt. (;. 

Les sujets de sa ^lajeste Britanique et de sa Majestr Tres Cliretienne 
soldats, niiliciens, ou matelots, cpii auront deserte," ou laisse le service de 
leur souverain, et porte li's armes dans rAmeri(|ue Se))tentrionale, seront 
de part et d'aiitre pardones de leur crime. lis seront respectivement 
rendus ii leur patrie, sinon ils restoront chacun ou ils sont, sans qu' ils 
puissent cstre recherches ni in(]uiettes. 

" Refused," 

Aht. 7. 

Les mas^azins, 1' artillerie, fusils, sabres, munitions de j^uerrc, et 
t,'cn6ralement tout ce qui apartient a S. M. T. C, tant dans les villes de 
Montreal etiJ Rivieres, que dans les forts et postes mentiones en I'article 3, 
seront livros par des inventaires exacts, aux commissaires qui seront 
preposes pour les recevoir au nom de H. M. B. 11 sera remis au M'^ de 
Vaudreuil des exi)editions en bonne forme des d'inventaires. 

•' Tliis is c'vervthinL' that can be asked on this n'-ticle." 



Anr. H. 

Les niticiers, soldats, miliciens, niatelots.et mOme les sauva^es detenus 
pour cause de ieurs blessures on nuiladie, tant dans les hopitaux que 
dans les maisons particulieres, jouiront des privile.i;es du cartel, et 
trait tees conse.juanu'nt. 

" The sick and wounded shall be treated the same as our own people." 

AiiT. !). 

l.e Cleneral Aii<,'lois s'enj^af^cra de renvoyer (tiiez eux les sauva'^es 
huliens," et Mijnaij^ans,'" (jui font nondu'e de ses armees, d'abord apres 
la sif^naluri; de la piesente capitulation, lit cepemhvnt, pour prevenir 
tous dcsordres de la part de I'eux ipii ne siioicut pas partis, il seradonne 



THE CAPITULATION OF MONTREAL. 



35 



AiiT. 4. 

'I'lic militia, after evacuating' tlie above towns, forts, an'l ijosts, sliall 
return to tlieir homes without boin^ molested on any pretence whatever, 
(jii account of their Inivin-^ borne arms. 

Accurde. 

Akt. "). 

The lro(jps who keep the Held shall raise their camp, shall march, 
ilrunis beating', with their arms, baj,'af^e, and artillery, to join the f,'arrison 
(if Montreal, and shall have in every respect the same treatment. 

Ces troupes doivent, comme Ics autves, mettre bas les amies. 

AisT. t;.. 

'I'lie subject^, of his IJritannic .Majesty, and of his INIost Christian 
Mitjesty, soldiers, militia, or seamen, who shall have deserted" or left the 
service of their soverei;,'n, and borne arms in North America, shall be on 
Ijdth sides i)ardi)ned for their crime. They shall be respectively returned 
to tlu'ir country ; if not, eacli siiall remain where he is without beiui,' 
called to account (jr molested, 

Kefiis6. 

Ai;t. 7. 

The nuii^azines, tlie artillery, firelocks, sabres, ammunition, and in 
j^eneral everythinj^ tliat beloni^s to his Most (Miristian Majesty, as well in 
the towns of Montreal and Tlu'ee Rivers as in the forts and posts men- 
tioned in article 3, shall be delivered up, according,' to exact inventories, 
to the commissaries who shall be appointed to receive them in the name 
of his Britannic ^Majesty. Duplicates of the said inventories in due 
form sluiU be t,'iven to the Manjuis de Vaudreuil. 

(."est tout ce <[n' on pent demandcr snr cette article. 

Aut. 8. 

The ofticers, soldiers, militia, seamen, and even the sava},'cs, detained 
on account of then- wounds or sickness, as well in the hospitals as in 
private houses, shall enjoy the privileges of the cartel, and shall be treated 
accordin^^ly, 

Les malades et blesses seront traites de momc que nos propres gens. 

Airr. !(. 

TIk IJritish tleneral shall engaj^c to send back to their own homes the 
sava^ie Indians" and Moniii^'ans,"* who make part of his armies, immedia- 
tely alter the sit^nin^ of the present capitulation ; and in the meantime, in 
order to prevent all disorders (ni the part of those who may not have gone 
H.C'.C. — 3 



36 



THE CAPITULATION OF MONTREAL. 



par CO Geiioral des sauve-<?ar(los aux personnes qui cii fleiuandcTont, tant 
en ville quo dans les cainpaj^nes. 

" Tlie first part refused. Tliere never have been any cruelties com- 
mitted by the Indians of our army, and ^'ood order will be preserved." 

AuT. 10. 

Le General de Sa Majeste Britanitpie <,'arenlini tons di'sonircs de la 
part de ses troupes ; les assujetira a payer les donia^'es qu'elles ))ouroient 
faire, taut dans les villes que dans lea campa^nes. 

" Answered by the preceding article," 



AllT. 11. 

Le General Ant,'lois ne poura oblij,'or le Marquis de Vaudreuil de sortir 

de la ville de Montreal avant le , et on ne poura lo;,'<r ])ersonne 

dans son hutul jusqu'i\ son depart. M. le Ch'"" Levis comaiuhint les 
troupes do terre, les odiciers principaux, et majors des troupes de terre 
et de la c olonie, les inj^enieurs, olTiciers d'artilieric, et comissairo des 
}^uerres," resteront pareillemont a Montreal jusqu' au d. jour, et y con- 
servoront lour loj^emens. 11 en sera use de mOnio a I'cf^ard de M. Bigot, 
Intendant, des comissaires de la marine, et oOiciers de plume, dont 
mond : s.'" Bigot aura besoin : et on ne poura egalement loger personne 
i^ rinteudance avant le depart de cet Intendant. 

"The Maripiis de Vaudreuil, and all these gentlemen, sluill be masters 
of their houses, and shall embark when the King's ships shall be ready to 
sail for Europe; and all possible conveniences |^' shall be granted them." 

AuT. 12. 

Tl sera destine pour le passage en droituro au prcn)icr port de mer en 
France, <lu IMarquis do Vaudreuil, le vaisseau le plus comodo qui se 
trouvera; il y sera pratiipie les logemens necessaires jiour lui, Mad'' la 
Mar<]uiso de Vaiulreuil, M. de lligaud, fiouvivneur de Montreal, et la 
suitto do CO General. Ce vaisseau sera pourvu de subsistancesconvenal)!es 
au depons de Sa I\I''' Britaniquo, et lo M'^ de Vaudreuil euq)orter;i. avec 
lui ses papiers, sans (ju'ils puissent estre visit(!s, et il cnibaniuera ses 
ecjuipages, vaisselle, bagages, et ceux do sa suitto. 

" Granted, except tlio archives which shall be necessary for the govern- 
ment of the country." 

Aur. 13. 

Si avant ou apn^s rembarquement du j\I'' do Vaudreuil, la nouvello 
de la paix arrivoit,i- etciuo par le traitto Ic Canada, reste a Sa M^" T. C, 
le M" de Vaudreuil rcviondroit i\ Quebec ou i\ Montreal, toutea choscs 



THE CAPITULATION OF :\rONTREAL. 



37 



-a way. the siiid General sliall },'ivc safe-<»uar<ls to such persons as shall 
<l(siro tlu'in, as well in the town as in tlie country. 

1,0 preniier refuse. II n'y a ))oint en des cruautes commises par los 
siiiiva^ies (le nutre arniee: et le hon ordre sera nuiintenu. 



AuT. 10. 

His l?ritannic ^Majesty's -general shall ho answerable for all disorders 
<iu the part of his troops, and shall oldij^e tlieni to pay the damages tliey 
Miay do, as well in the towns as in tlie coinitry. 

i;q)(iiidu i)ar Tarlicle precedent. 

Aur. 11. 

'I'lie I'.n^'lisii ;4on('i'al sliail not obli^'e the^Iartiuisde Vaudreuil to leave 

the tnwu of Montreal befoi'e , and no person shall be (]uartered 

in liis house till he is j^one. Tlie ("duiveiier de Levis, coinnumder of tlie 
land forces, the princi[ial officers and majors of tlu; land forces and 
colony trc)ops, the engineers, otticers of artillery, and commissary of 
wai','' sliall also renuiin at Montreal till the said day, and shall keep 
their lod^inj,'s. The same shall be observed with regard to M. liij^ot, 
Inteiulant, to the commissaries of marine, and the writers whom the said 
M. ]5i)4ot sliall i-equire ; and similarly no one shall be lod^'ed at the 
liitendant's house before his departure. 

Le Marrpiis de \'audreuil et tons ces messieurs siroiit maitres de leurs 
maisous, et s'embarqueront d^s <jue les vaisseanx du Roy seront prets h 
faire voile pour ri'2uro[)e ; et on leur accordera toutes les comnu)dites^i 
'\n' oil pourra 

Ai;t. 12. 

'I'lie lUiist cnuveiiieiit Vessel that can be found shall he appmnted to 
iMiivcv the Marquis de X'audrcuiil l)y the straitest passai^e to the first sea- 
])ort in I'rance ; there shall be fui'nislu'd the accommodations necessary 
for him, the IMarchioness de Vaudreuil, M. de lli^aud, the (Jovei'iior of 
iVIontrcal, and tiie suite of that f^eneial. This vessel shall he properly 
%ictiiallt'd at the expense of his JJritaiinic ^Majesty, and the Maripiis de 
\ aiidieiiil shall take with him his papers without their beiiu^ examined, 
and shall put on board his equipaj^es, plate, ba^'^a^je, ami also those of 
liis retinue. 

Accorde; exce[);e les ar('lii\es cpii pourout utre neccssaires [tour le 
iL'oiivernrinent du jiais. 

AiiT. l.'S. 

11' before or after the embarkation of the Maivpiis de N'audreiiil, news 
(if peace arrives, i- and Canada by treaty renuiins to his Most Christian 
Majesty, the !\rarquis de Vaudreuil shall return to Quebec or IMontreal ; 
e\(rythin'' shall return to its foiuner state under the dominion of 






38 



THE CAPITULATION OK MONTREAL. 



rentrei'oient duns lour premioi' estat souh la (loniinatioii de Sa M"' T. C, 
et la pruseiite capitulation ilevien<lr()it nuUe ct sans effots ([uclconcjnes. 
" Whatever the Kin«j may have done on this subject shall be obeyed." 

AuT. 14. 

II sera destine deux vaisseaux pour le passaj^e en France de M. le Ch^' 
de Levis, des ol'ficiers princi[)aux, ct estat major <j('ni''ral des troupes dc 
terre, iuf^enieurs, ofliciers d artillerie, et ^ens (]ui sont a leur siiitte. Ces 
vaisseau.x seront ej,'alemcnt pourvus de subsistances ; il y sera [jratique 
les lof^euiens n»cessaires. (les ofiliciei's ])ouront ein|)orter Icurs papiers, (jui 
ne seront point visites, leurs equipaiies et ba.t,'a^es. (!eux de ces ol'ticiers 
qui sei'ont maries auront la liberte d"emmener avoc eux leurs fcmmes et 
ent'ans, et la subsistance lenr sera fournic. 

" Granted ; except that the ^[arcpiis de \'uu(h'(;uil and all the officers, 
of whatiiver rank tiiey may be, shall faithfully deliver tons all the charts 
and plans of the country." 

A lit. 15. 

II en sera de miJme destine un pour le passaj,'e de NF J5i^ot, Inteiidaut, 
et de sa suitte, dans le(juel vaisseau il sera fait les anienaf^emens con- 
venables pour lui et les persoimes qu'il emmenera. II y embarquera 
ej^alement ses papiers, qui ne seront point visites, ses e(]uipages, vaisselle, 
et baj^aj^cs, et ceux de sa suitte. Te vaisseau sera pourvu de subsistances 
comme il est dit cy devant. 

" Granted, with the same reserve as in the preceding article.'' 



Akt. Ki. 

Le (ioncral Anj,'lois fera aussi fournir pour M. de Lonj^uei'iil, Gouver- 
neur des 3 Rivieres, pour les estats majors de la colonic, et les comis- 
saires de la marine, les vaisseaux necessaires pour se rendre en France, 
et le plus comodement qu'il sera possible. lis pouront y enibarquer leur 
families, domestiqne, bagaj^es, equipages ; et la subsistance leur sera 
fournie pendant la traversee sur un pied convenable, aux depens de Sa 
M"' Britanique. 

" Granted." 

Art. 17. 

Les ofHiciers et soldata, tant des troupes de terre que de la colonic, 
aiusi que les officiers marins et matelots, qui se trouveront dans la colon ie 
seront aussi embarquea pour France dans les vaisseaux qui leur seront 
destines en nombre sufi'isant," et le plus comodement que faire se poura. 
Les ofliciers de troupes et marins, (jui seront maries, pouront emmener 
avec eux leurs families, et tous auront la liberte d'embarquer leurs 



THK CAPITULATION OF MONTREAL. 



30 



liis Most Cliristian INIajesty. ami the present capitulation shall become 
null iUid of no effect. 
Co que le Roy pouroit avoir fait ti cc snjet, aera obei. 

AwT. 11. 

'I'wo ships shall hf a[)|)oiiite(l for the passa<,'e to France of the 
Ciievalier de Levis, of th(> principal officers and staff of the land forces, 
( n^iiu'crs, officers of artillery, and tlie members of their suite. Those 
vessels shall likewise be viclualled, and the necessary accommodation 
shall he jiroviiied in them. Those oflicers shall be allowed to take with 
them their papers, wiiicli shall not be examined: theii' equipa<^es and 
hat,'^;aj,'e. Such of the said officers as shall be nuirried 'hall have liberty 
to take with tliem tlieir wives and children, and subsistence shall be 
funiislied for them. 

Aeeorde: exceiite (jue .M. le M'' de Vaudreuil, ct tons los officiers de 
((iielque ranji (prils puissent etre, nous rcmettront dc bonne foy toutes les 
cartes et plans du [)ais 

Alii. ir,. 

A vessel shall also be appointed for the passaj^e of INI. Bi^'ot, the 
Iiiteiidant, and of his suite, in which vessel the proper a(.'commodatiou 
shall he made for him and the persons whom he shall take with him. 
He shall likewise take on board witli him his papers, whicii shall not be 
exaniiueil, his equipa<^es, plate, and bai,'i,'a^o, and those of his suite. 
This vessel shall be victualled, as beftjrc mentioned. 

Accordi' ; avec la moiin reserve ip.ie p:ir I'article precedent. 

Al!T. IC. 

Tile Enylisli ^'enet'al shall also cause to be provided for M. de Lou- 
^ueuii, Governor of Three Rivers, for tlie staff of the colony, and the 
coiuinissaries of marine, tlie vessi-is necessary for their transjiorlation 
to l*"raiice in the most convenient way possible. They shall embark 
therein their families, servants, ba^i^'a^^e, and e(iuipa^'es ; and subsistence 
on a suitable footing' shall diirin,t,' the voya;,'e be furnished for tliein 
at tlie expense of his ]>ritaiinic Majesty. 

A';cordc. 

AiiT. 17. 

The officers and soldiers, as well of the land forces as of the colony, 
and also the marine officers and seamen who sliall be in the colony, shall 
likewise be embarked for France in vessels appointed f<n" them in 
sufficient numbers, and in the most convenient way possible. The 
married officers of the land forces and marines shall be allowed 
to take with thein their families, and all of them shall have liberty 



40 



THE CAPITILATION OF MONTHKAL. 



clomcstiiiucH ct bivj,'aj,'cs. Qiiaiit anx sdMrIs ct inatolots, cenx qui seront 
inarit's poiirDiit I'lmnonor avei; etix lours fc iiuml's ct I'ufaus, ot tous 
cnihaniuoront leur havrcsacs €;t Vjaf^aj^es. II scia tnibarcjuo daus ccs 
vaisseanx los subsiHtanc(s cdiiveiiabli's ot siiflisaiitcs an\ (|(''|ioiis de Sa 
M"^ Britani(|ue. 
" Grautod." 

Ai:t. is. 

Les ofticiors, soldats, et tous ccux (|iu sout a la stiitte dt's tronpes, (jui 
auroiit leurs ba^at^es daus les cainpai,'nt's, ))()in-(iiit Ifs euvoyti' clicrchcr 
avaut Icur depart, saus (ju'il leur soit fait aucuii tort, ui ciiipi'scluiiicut. 

" Grauted." 

Al!T. l'.». 

II sera fourni par lo (ie;ieral Au^lois uii liatiiiiciit d'liupital pour ct-ux 
des officiers, soKlats. et iiuitelota blesHt's ou uialadi s. (pii seront cii estal 
(Testre trausportes eu France, et la subsistanet' leur sera e,L,'aleuieut four- 
uie aux depens de sa M"' Uritauiijue. 11 en sera use de meuic a Te^^ard 
des autres oFticiors, soldats, vt niatelots, blesse-i on uialades, aussitost 
i|n'ils seront retablis. Les uns et les autres [joui'diit cnuuener leurs 
feninies, enfans. doniesticiues, et bat,'a^'es : et lesd.'-' soldats et nuitelots 
ne pouront etre solicites ui forces a prendre parti dans Ic service de sa 
M'« Britanique. 

" Grauted." 

AiiT. 20. 

II sera laisse uu comissaiic, et un ('[jrivain de Hoy pour avoir soiiij 
des hopitaux, et veiller ii tout ce ([ui aura ra[)ort an service do sa M'*^ 
Tviis Cbretienne. 

"Granted." 

AitT. -21. 

Lc (ieiieral An<,'lois fei'a e>;aleinent foiu'uir des vaisseanx pour le 
l)assaf^e en France des ofliciers du Conseil Superieur, de Justice, Police, 
de TAniiraute, et tous autres ofliciers ayant cunussions ou brevets de sit 
M"' Tres Cbretienne, pour eux, leurs families, doniestiques, et etpiipaf^es, 
coninie pour les autres oliiciers ; et la subsistauce leur sera fournie de 
Mieme an depens de sa M'" Britanique. II leur sera cepeudant libre de 
rester dans la colonic, s"il le juf^ent apropos, pour y arranj^er leurs 
affaires, ou de se retirer en France <piand bou leur seniblera. 

"Granted, but if tliey luive ])apers relating; to tlic .government of tlie 
country, they are to be delivered up to us." 

Art. 22. 

S'il y a des officiers militaires dont les affaires exif^ent leur presence- 
dans la colonie jusqu" t\ raimce prochaine, ils pouront y rester api^s en. 



THE CAniri-ATION of MONTREAL. 



41 



to oiiili!ii-l< tlif'ii" sci-siiiifs rtiid l)ay^'aj,'f'. Ah to the soldiers and 
Kcftiiitn. those wlio arc iniirricd sliull tuki; witli tlifiii tlioir wives and 
(•iiiiiii'''ii, mid ill! of tlunn siiiill embark their liaversucks and baji^jaj^u ; 
there shall 1)0 put on board these vessels at the expanse of his IJritaniiic 
.Majest>'. suitable and sut'licient subsistence. 
Accnrile. 

AllT. IH. 

The ollicers, soldiers, and all the followers of the troops, wlio shall have 
tlieir baj^^aj^e in the fields, uiny send for it before their departure, with- 
out iiarin or hindrance. 

Accdl'de. 

AiiT. 10. 

There sluill bo furnished by the ]',n<^llsh t^onoral nn hospital ship for 
such of the woiinded or sick ol'licers, soldiers, and se.iiucn as shall be in 
a coiniitiim to be carried to France, and subsistence shall likewise bo 
furuisiu il for them at tiu' expense of his Uritannic jMajesty. The same 
tre.ilini'ut shall be extended to the other wounded or sick oflicors, 
soiilici's, and seamen, as soon as tliey shall have recovered. 'J'hey shall 
all lie allowed to take with them their wives, children, servants, and 
ha^iiiat^e : and the said soldiers and sailors shall not be S(jlicited nor 
for'.eil to take part in the service of his Uritannic ^lajesty. 

Accorde. 

AuT. -H). 

A conimissiii-y and one of the ivinj^'s writers shall be left to take care 
of the hospitals, and to atteiul to whatever may relate to the service of 
his ;\h)st Christian Majesty. 

Accorde. 

AuT. 21. 

The Jln^lish ^,'eneral shall also cause ships to be i)rovided for the 
])assa,ne to France of the officers of the Hupreme Council, of justice, of 
police, admiralty, and all other oflicers having commissions or brevets 
from his ^lost Christian Majesty for them — their families, servants, and 
Cfpiipai^es, as for the other oflicers; and subsistence for them likewise 
shall be furnished at the expense of his IJritamiic Majesty. They shall, 
however, be free to renuiin in the colony, if they thiuk ])roper, to settle 
their affairs, or to witlulraw to France whenever they think Lit. 

.\ccorde, mais s'ils ont des papiers qui coucerncnt le gouverneraent du 
pais, ils doivent nf)us les remettre. 

Aur. 22. 

If there are any military oflicers, whorfe affairs re(iuire their presence 
in the colony till the next year, they shall have liberty to stay in it after 



42 



THE CAPITULATION OF MONTUKAL. 



avoir on la pormisHion ilu I\l'^ do Vaudrcnil, ot sans (lu'ils piiissont estrc 
reputes jirisoniers do j^iierrc, 

" All those wliOHo private affairs sliall rtiiuitc'tlicir stay in the country, 
and who shall have the j\Iar(|uis do Vaudreuil's leave for so doinj;, shall 
be allowed to remain till their affairs are settled " 

AuT. '2X 

II sera i)ermis an niunitionairc des vivres dii Hoy do demeurer en 
Canada jiisipr i I'annee proehaine, ))onr estre en estat de faire face aux 
dottes qu'il a contractees dans la colnnie, relativement a ses fournitures : 
si neantmoins il i)i-ef(Jre de passer en l*' ranee cetti' annee. il sera oljlif^e de 
laissor, jusipi" a ranneo prochaino une personne ponr faire ses affaires. 
(!o particnlior conservera et ponra emjjorter tons ses j)apiers, sans estro 
visites. Ses ci^mis auront la liborto de roster dans la colonie. cm do passer 
en Fran(!e ; I't dans ce dernier cas, le pass.i'^e et la subsistance leur sci'ont 
accordes sur les vaisseanx ile sa ]\I'' P>ritaniijue ponr cnx, ieiirs families, 
et lours ba^'ajies. 

"Granted." 

AuT. '2[. 

Les vivres et antres aprovisionements (jui sc trouveront en nature dans 
les ma^^asins du niiuiitionaire, tant dans le-* \illes de ^NTniitreal et des '.\ 
Rivieres, cpie dans les campaf^nes, Jul sei'ont conserves, lesd, vivres lui 
apartenant et non an Hoy, et il lui sera loisihle de les vendre au.x Fran- 
cois on au.\ Anj^lois. 

" ]'j very thin J,' that is actually in llie niai^a/.iiies, destined fortlie use of 
the trooj)s, is to be delivered to tlie l$rilisli commissary, for the Kinj^'s 
forces." 

Art. 25. 

liO passage en France sera eL,'alement accorde sur les vaissoaux de sa 
M''' liritanitpio, ainsi qne la subsistance, a eeux des officiers do la coni- 
paj^nip des Indes'' (jui voudront y ])asser, et ils onimenerf)nt leurs 
families, domostiipios, et ba<,'ayes. Sera perniis a Talent principal de 
lad''' ' ■"' compaj:!nie, suppose (pi'il voulut jiasser en France, de laisser telle 
personne (pi'il juijera apro[)os juscjues a lanne.,- prochaino pour terminer 
les affaires de lad''' comp''' et faire lo recouvrement des sommes qui lui 
sont dues. L'aiient principal conservera tons les pnpiers de lad'^' coni- 
pa^'uie, et ils ne [)ouront estre visites. 

"Granted." 

Ai!T. '2(1. 

Cetto compaj,'nie sera maintenue tlaiis la projjriote des ecarlatines"' et 
castors, (ju'elle pent avoir dans la ville de Montreal; il n'y sera point 



h ivini. 

'I'mi 

jus(|iie 



■Ihc 
Ciinud 

snlltl-ll 

theless 
till lie; 
serve, a 
His ell 
ill till- 
>liips 
l)a,Uf,'a^i 
.\cci 



jniiiy ' 



Till", CAI'ITILATION' OF MoNTUKAL. 



l'.\ 



h;<vinti obtaiiii'il the |)eriiiissioi' of the Miu-(|uis ik' Viunlroiiil for tliiit 
|iiii|Misi', mill uitlioiit heiii),' ri-piited prisoners of wiir 

'lulls cLMix (lout los Jtf'fiiircs pnrliculifi'L's {.xit^cnt iiu' ils rcsliiit duns \v 
jiiiN, ct (|ui 111 out la iiorniission du M. Viuidreuil, serniit pciinis de rester 
iiisi|iic' a cc qiiL' It'iirs iit'fiurcs soiont tcrinim'-L's. 



Akt. •_':;. 

'the (.iiiniiiissiity for tliu Kinu' ?< provisions sliiill he iicrniittL'd to stay in 
Ciiiiailii till next year, in order to be able tn answer for the debts lie lias 
(iiiitiHcted in the colony on aecoaiit of wliat lie lias fiirnisbed ; if, iiever- 
tlioiess. he prefers to fjo to France this year, he sliall be obliged to leave 
till next vi'ur a pi'i'soii to ti'ansa(!t his business. 



'11 



us I 



)erson 



lia 



11 



pn 



serve, mill liave lil)erty to carry off, all his papers without beiiij^ inspected. 
His clerks siiall have leave to stay in the c;uloiiy, or to i,'o to l"raiic(.'; and 
ill this latter case a passau'e and siibsistenc(- sliall he allo\vc(l tlieiii on the 



IS of his liritiinnic Majijsty, for tlieiii, their faniilie; 



siiii: 
lni,UL;aj4e. 

Accorde, 



d tl 



leir 



Akt. -il. 



he prov I--101IS and other stort'S. \s 



, liicli 



ill be found in kind in th 



inauazines of the commissary', as well in the towns of Montreal and 
'I'liree Rivers as in the country, sliall be preserved to him, the said prcj- 
visioiis beloii^^ini,' to liini and not to the Kini,'; and he shall be at libert\ 



to sel 



them to the I'^rench and J\ii''lisl 



'Idut ce ipii se trouve dans les niai,'! 



i/.iiis < 



lesliii 



'iisaLfe des tro 



upes 



(Idit etre deliv 



re an coininissaire 



]ioiir les troupes du i; 



AUT. 



A [lassa^e to I'rance shall likewise be j^ranted on board of his r.ritaiinic 
Majesty's ships, as well as victuals to siicti olVi(;ers f)f the India Com 
piiiiy' ' as shall be williiii^ to ^'o thither, and they shall take with them 
tluir families, servants, and ba^^aj^'e The chief ayeiit of the said com- 
I se h' should choose to ^40 to France, shall be allowi'd to leave 
Mii'li pusu.i as Jie shall think ]iro[ier till next year, to settle the affairs of 
'lie said c 'uipaiiy. and to colled such sums as are due to them. 'I'he 
chief a;,'(' diall keei) possession of all the papers of the said company. 
;ind they shall not be liable to inspection. 

Accorde. 

Akt. -21;. 

This com])any shall \ir maintained in the ownershipof the l-^carlatine-?!'' 
and the beavers thev mav have in the town of ^lontreal ; tliev shall not 



44 



THE CAPITULATION OF MONTREAL. 



tonclii' sons (jnclqiio ))rcte.\te que ce soit, ot il sera donne ii I'afjont prin- 
cipal les facilitt's ncct'ssaires pour fairo passer cette ainice en France ses 
castors sur les vaisseaux de Sa ^I^'- Britanique, en payant le fret sur le 
pietl (]ue les Anj^iois ie i)ayeroient. 

" (trantefl witli ret^acd to wliat may belont,' to the company, or to 
))rivate persons ; bnt if his Most Cliristian Majesty lias any share in it, 
that must become tlie property of the Kinj,'.'" 

Ai!T. -27. 

I.e libre exeivise de la Religion ('at()li(|iie, apostoliqne, et Romaine, 
subsistera en son enticr; en sorte (pie tons les estats et les peni)les des. 
villes et des campaj^nes, lieux et postes eloi<^ii(;s i)ouront continuer de 
s'assembler dans les e>,'lises, et de fte(pienter les sacnunens comma cy 
devant, sans estre inquiote en ancun maniere, directenient ou indirecte- 
ment. Ces peuples seront ol)lij;c'('s par k- Gouvcrnement Anjilois a payer 
aux i)i'6tres qui en pi'endi'ont soin les dixmes, et tons les droits ([u'ils 
avoieut coutume de jiayer sous le t,'ouveruenient de sa ^I''' 'i'res Chre- 
tiennc. 

"(Irauted as to the free exercise of tlieir religion; the obIi<.'ation of 
paying; the titlies'" to tln^jfiests will depend on the Kin^"s pleasure." 

Akt. 28. 

Le Chapitre, les prestres, cures, et inissionaires, continueront avec 
entiere liberte leurs exercises et fonctions cnriales dans les paroisses des 
vdles et des campa;^nes. 

" (Irauted." 

Al!T. 211. 

Les Cj rands Vicaires nomes par le Chapitre pour administrer le Dioceze 
pendant la vacance du sie^^e e[iiscopal pouront denieurer ilaus les \illesou 
pai'oisses des campa<^ncs, snivant (|u'ils le jugeront aproi)os. lis pouront 
en tout temps visiter les dit'ferentes paroisses du Dioceze, avec !es cere- 
monies ordinaires, et exercer toute la jurisdiction (pi'ils exercoient sous la 
domination FraiK.'oise. lis jouiront des memes droita en cas de m<jrt du 
futur evesijue, dont il sera parle i\ I'article suivant. 

" ClrantL'd, except wliat regards the foUowiiit^ artiide." 

Aht. ;u>. 

Si par le Traitle de I'aix, le Canada restoit au pouvoir de sa M"' Bri- 
tani<jue. sa I\I"' 'I'res Chretiene continueroit a nomer 1 eves(iue de la 
Colonic, (pii seroit toujonrs de la comunion IJomaine, et sous Tautorito 
dnquel les peuples exerceroient la religion Ronniine. 

" Refused. ■' 



THE CAPITULATION OF MONTREAL. 



45 



be tDUchcil under any pretence whatever, and there shall be ^iven to tlie 
chief uf;ent the necessary facilities to send tiiis year his beavers to France 
on board his liritainiit; ^Eajcsty's ships, payin<^ the freit,'ht on the same 
footing; as the British would pay it. 

Accorde pour co qui pent appartenir a la eonipa^'nie on aux particuliers, 
mills si Sa Majeste Tres Chretienne y a auciine part, elle doit otre au pro- 
tit du Roy. 

AiiT. 27. 

'llio free exercise of the Catholic, Apostolic, and Roman relif^ion shall 
■subsist entire, in such manner that all classes and peoples of the 
towns and rural districts, places, and distant posts may continue to 
assemble in the churches, and to frequent the sacraments as heretofore, 
without bein^' molested in any manner, directly or indirectly. These 
|iiopie shall be oblij.;ed by the J'lnj^lish r.overnment to pay to the priests, 
who sliall have the oversi<,'ht of them, the tithes and all the dues they 
were accustomed to pay under the (iovernment of his Most Christiaa 
Nhijesty. 

Accorde pour le libre exercise de leur Relit^ion. L'obligation de payer 
la di.xnie' " aux pretres dependra de la volonte du Roy. 

Art. 28. 

Tlie Chapter, priests, cures and missionaries shall conlinue with 
entire freedom their parochial services and functions in the parishes of 
the towns and rural districts. 

Accorde. 

Am. 21». 

The (Jrand Vicars named by the Chapter to administer the diocese 
(lurini^ the vacancy of the episcopal see shall have liberty to dwell in the 
towns (ir country parishes, as they shall thiidi proper. They shall at all 
times be free to visit the different parishes of the diocese with the 
ordinary ceremonies, and exercise all the jurisdiction they exercised 
under the French dominion. They shall enjoy the same rights in case of 
tlie death of the future Bishop, of which mention will be nuide in the 
following article. 

Accorde, excepte ce qui regarde Tarticle suivant. 

AuT. 30. 

If by the treaty of peace Canada should remain in the power of his 
Hritainiic ^Majesty, His Most Christian JNIajesty shall continue to name 
the Hishop of the colony, who shall always be of the Roman cora- 
imuiion, and under whose authority the people shall exercise the Roman. 
religion. 

Refuse. 



46 



THK CAPITULATION OF MONTREAL. 



Art. :U. 

Ponra le Seij^iieur Evesqne etablir dans le besoin de nouvelles paroisses, 
et pourvoir au retablissonu'iit do sa Catlicdralc et de son palais episcopal ; 
et il aura en attendant la liberie de denieurer dans les villes, ou paroisses. 
commu il le juf,'era apropos. II poura visiter son dioceze avec les cere- 
monies ordinaires, et exercer toute la jurisdiction (pie son predecesseiir 
exergoit sous la domination fran<;oise, sauf u exi<^er de lui le serment de 
lidelite, ou promeL'se de ne rien faire, ni rien dire contre le service de sa 
M'e Britanique. 

" Tills article is comprised under the foregoin<^."' 

AiiT. .•}2. 

Les comunautes de lilies seront conservees dans Icurs constitutions ct 
privile>,'es. EUos continueront d'obsorver Icur re^^les. Elles seront 
exemptes du loyement de i,'ens de guerre, et il sera fait deffenses de les 
troubler dans U'S exercises du pieLe (ju'elles i)rati(]nent, ni d'entrer cliez 
lilies. Ou leur donnera ineme des sauNC-i^ardes, si elles en deniandent. 

" Granted." 

Ai!T. ;i;{, 

Ije precedent article sera pareillenient execute a Te^ard des Jesuites et 
Kecok'ts, etde la maison des pi'cti'es de St. Bulpice a Montreal. C'es der- 
niers et les Jesuites conserveront le droit iju'ils ont de nonier a cerluiues 
■cures et missions, comme cy devant. 

" Uefused, till tiie Kin^''s pleasure be kn(.nvn." 



AiiT. ;il. 

Toutes les coniunaute.'^, et tons les prestres conserveront leurs meubles. 
la proprieti', et I'usufruit des seij^neuries, et autres biens que les uns et ks 
autres possedent dans la colon'o, ile cpiebjue nature (ju"ils soient, et IcsJ. 
biens seront conserves dans leurs privile.m's, droits, lioneurs, et exemp- 
tions. 

"C! ranted" 

Aki. :5.'). 

Si les clianoines, prestres, missioiuiires, k's prestres ilu seniinaire ik> 
missions etranj^fjres et de St. Sulpico, ainsi que les Jesuites et les Kecolets, 
veulout passer en France, le ])assa<^e leur sera accorde sur les vaisseau.x 
de sa Majeste 15ritani(jue, et tons auront la liberte de vendre, en total mi 
partie, les biens tVnids et niobiliers ijii ils jiossedent dans la colonic, soil 
jiux I'ranvois ou aux Anj^lois, sans (juelc CJouvernenient Hritanique puisse 



THE CAPITULATION OF MONTREAL. 



47 



Akt. -M. 

Tlic r.islmp sliall in case of need establish new parishes, and provide 
for the re-erection of his catliedrai and of iiis episcopal palace ; and he 
shall luive in the meantime liberty to dwell in the towns or parishes, as he 
sliall think lit, lie shall be permitted to visit his diocese with the usual 
(■crLinonies, and to exercise all the jurisdiction which his predecessor 
exercised under tlie Fi'cnch dominion, save that an oath of fidelity, or a 
iinmnsi' not to do or say anything against the service of his Britainiic 
Majesty may be required of him, 

("est Article''* est compris sous le precedent. 



AuT. ;{-2. 

'I'iif cDnununities of nuns shall be preserved in their constitutions and 
[jiiviltj^cs. Tiiey shall continue to observe their rules. They shall be 
ixciiiiit fiom lodging any military, and it shall be forbidden to molest 
tluiii in tlie religious exercises whicli they practise, or to enter their con- 
vents, Safe-guai'ds sliall even lie Liiven tliem, if tliev dennind them. 



.Vci'iirdc, 



AuT. -.V.i. 



I'lie [U'cceding article shall likewise be executed with regard to the 
ciiiuiiunities of .Jesuits and RecoUets, and to the house of the priests of 
>t. Snlpice at Montreal. Tluso latter and thi' Jesuits shall be left in 
|)(is-;essiiin of tlie riglit, which they have, to nominate to certain cures 
an 1 uiissions, as heretofore. 

' liefiise jiis(iii ;i ce cpu' le i)laisir du Roy soit connu." 



ire 'tv< 
■ciileU. 

sseaii.x 

Ota! mi 

ie, soit 

pui^M' 



Ai;t. ;U. 

.Ml the communities and all the priests shall keep their movables, the 
ownership and usufruct of tlie seigniories, and other property which both 
possess in the colony, of whatever nature it may be, and the said property 
shall be maintained in its privileges, rights, honors, and exemptions. 

• Accorde." 

Airr. ;!;■). 

If the canons, priests, missionaries, the priests of the Seminary of the 
Foreign Missions and of St. Suipice, as well as the Jesiiits and the 
HtcoUets, wish to go to France, passage will be given tiiem on the vessels 
of iiis Britannic Majesty, and all shall have leave to sell, in whole or in 
part, tile fixed and movable property which they possess in the Colony, 
citlier to the French or to the English, without the British Government 



48 



THE CAPITULATION OF MONTREAL. 



y inettrc Ic moindre ('iiipcscliment iii obstacle. lis pouront emporter 
avec eiix, on faire passer en France le prodnit, de quelque nature 
qu'il Hoit, desd. biens vendus, en payant le fret coninie il est dit a Particle 
■2(», et ccux d'ontre cos prestres qui voudront passer cetto annee seront 
notiris pendant la traversoe aux dcpens de sa M"- Britaniquc, et pouront 
emporter avec eux leurs baj^ages. 

" They shall be masters to dispose of their estates, and to send the 
produce thereof, as well as their persons, and all that belon;,'s to them to 
Trance." 

Akt. 30. 

Si par le traitte de paix le Canada reste a sa M"" Britanique, tous les 
Franij'ois, Canadiens, Accadiens, comer(;ans, et antrcs pcrsonnes qui 
voudront se retirer en France, en aurout la permission du General Anplois 
(pii leur procurera le passaj^e. Et neantmoins si d'icy acette decision il so 
trouvoit dcs comer(,"ans, Fran<;ois ou Canadiens, on autres pcrsonnes (]ui 
voulussent passer en Franco, le Guneral Anglois leur en donneroit Cf^alo- 
ment la permission. Les uns et les autres emmeneront avec eux leuni 
families, domestiques, et bagages. 

"Granted." 

AuT. ;}7. 

Les seigneurs de terre, les ofticiers militaireset de justice, les Canadiens 
tant des villos(jue des cam[)a^'n(;a,les l''ran(;ois etablis ou conior'.'ant dans 
toute rotondue de la colonic do (!aiiada, et toutes autres personnes (|uo co 
piiisse estro, ccniservoi'ont rontiero ))aisible proprieto et possession do 
leurs biens, seif^neuriaux et roturiers, meubles et immeubles, marchan- 
discs. pollcti.'ries. et autres effets, meme de leurs batimcuts do mer ; il n'y 
sera point touchc ni fait le moindi'c doma;»e sous (iuolque [)retexte que ce 
soit. 11 leur sera libre do les conservcr, louer, vendre, soit aux Fran<;ois, 
ouaux .Vn^^lois, d'en emporter le jiroduit au lettres de chanj^e, pelleteries, 
ospt'ces sonantos, ou autres retours, lorsqu'ils juf^eront apropos de passer 
en France, en payant le fret, coramo ti I'article 'it'). lis jouiront aussi dcs 
pelletorios qui sont dans les postes d"en haut, ct qui leur apartieinient, et 
qui jji'uvent memo ostro on chemiu do se rondre i\ Montreal. J'^t ii cot 
effot il lour sora pormis d'onvoyor dt's ootte aiuiee, ou la prochaine, dts 
canots o(iuipi''.s pour choi'chor cellos de cos pelleteries i]ui auront rosU'os 
dans COS postes. 

" Granted, as in the 'iOMi article." 



bein.u' 
wit.li til 
the sai 
and tlio 
during,' 
alii'Wi'd 

lis SOI 

liiiit. ail 



Aur. 3S. 

Tous les peuples sortis do I'.Vccadio, (pii se trouveront en Canada, 
y compris los frontit res du Canada du ooate de rAccadie,'" auront le 



TTIR CAPITULATION OF MONTREAL. 



49 



boiiiu !ible to impose the least himlrance or obstacle. Tliey may take 
witli tliem, or send to France, tlio produce, of whatsoever nature it bo, of 
the said property sold, on paying the frei^'ht as mentioned in article "2(5, 
ami those of the priests who wish to j,'o this year shall be maintained 
(lurin.L; the voyage at the expense of his Britannic Majesty, and shall be 
allowed to take with them their bav't,'aMiJ' 

lis seront les maitres de disposer de leur bions, et d'en passer le pro- 
chiit, ainsi que leurs personnes, et tout ce qui leur ap[)artient, en France, 

AuT. m. 

If by the treaty of peace Canada remains to his Britannic Majesty, all 
tilt; I'rench, Camidians, Acadians, merchants and other persons who wish 
to withdraw to France, shall have permission to do so from the En^- 
lisii t,'eneral, who shall procure them a passage. And, nevertheless, if 
betwren now and that decision, any merchants, French or Canadian, 
or otlii.'r persons, wish to j^o to J-runce, the Fnj^lish "general shall like- 
wise 'j.i-iu\t them permission. ]}t)th shall take with them their families, 
servants, and ba^t,'af,'e. 

Accorde. 

Ai;t. ;}7. 

'{"lie Seit^neurs, the military oFlicers and theotificers of justice, theCana- 
(liiuis ill both the towns and the rural districts, the French settled or 
tiiuliii^' in the whole extent <if the colony of Camuhi, and all other 
jiersoiis whatsoever, shall keep the entire jieaceable ownership and 
possession of their property, seij^iiorial and common, movable and 
iiiiinovable, merchandise, furs, and other effects, even theii- ships ; it 
sliall not be toueheil, nor shall the least dania^'e be done to it under 
iuiy ))i'etext whatever. 'J'hey shall be free to keep, let. or sell it to the 
rniich or to the Fnglish, to take away the produce of it in bills fif 
f\cliaii.i;e, furs, specie, or other returns, when they think lit to j^o to 
1 Vance, payinj^ the freij^ht as in article '2(1. They shall likewise have 
t'.ie tiirs which are in the posts above belonging; to them, and those 
which may be on the way to be delivered at Montreal. And for this 
li!ii|i(isc; they shall be pi'rmitted to send, this yiar or next, canoes 
Hit<'il out to brin;4 such of those furs as shall have remained in those 
lu.sts. 

.Vccorde coniine ])ar I'article '2(1. 



AuT. :<8. 

All the people j^ono from Acadia, who shall be found in Canada, 
iiiclutlin'' the frontiers of Canada on the side of Acadia,'-' shall have 



50 



THE CAPITULATION OF MONTREAL. 



niC'ino Iriiitcmciit (juc les (."iiiiiidii'iiK, et joiiirout des niC'iiics privilcj^es 
(ju'cux. 

"'I'he kiiij^ is ti) dispose of liis iuiciciit subjects; in tlie nii aiitinic tlit.y 
shall enjoy llie sjuno pi'ivile^li; ivs the Cuiiiuliiiiis.'' 

Ai;t. ;i'.l. 

Aiiciius ( 'aiiiulit'iis, Accudiens, iii J''i-;ui<:ois, de ctiix ijiii soiit jii ('■rteiitu- 
iiient en ("auiida, et siir les fi-nntieres de hi eolon'^' dii ccste (U' rAcciithe, 
du Detroit, Miehilinuikiniic, et ant res lienx et postrs des pays d'en hunt, 
ni les Koldats niiiries et iion iiiarios, restant en Canada, ne jionront estn; 
portes ni traiisiMi;,'ies dans k'S coloines Ant^loises. id en Tancienne Anj^le- 
terre, et ils ne pouront estre reclierches pour a\oir pris lis amies. 

" (iranted, except with rii^ard to the Acadiaiis.' 

Art. 10. 

Les saMva.i,'es ou Iiidiens allies de sa ]\I" Ti-es Cliietieiuie seront inai:: 
tenns dans les terres qu'ils habitent, s'ils veident y rester ; ils ne pouront 
estre iiKjiiietes sous (juehiue prctexte ijue se puisse estre, pour avoir piis 
les amies et servi sa ]\I" Tres Chretienne. lis auroiit, comme les 
I'raiK.'ois, la liherte de reli^'inn et coiiserveront leurs niissionaires. II siia 
perinis aux vicaires ^eneraux actucls, et a I'evetjue, lors(jue le sie.^e epis- 
copal sera rempli, de leiir envoyer dc nouveaux niissionaires, lorsqu'ils le 
juj^eront necessaire. 

'•Granted, except the last article, which has been already refused." 

Al!T. 41. 

Les Fran<,'ois, Cauadieiis, et Accadiens, (]ui resteroiit ilaiis la colonic, 
de quelquo estat et condition (]u'ils soieiit, ne seront, ni ne pouront estre 
forces a prendre les amies contrc sa M"^ Ties Chretienne, ni ses allies, 
directenient ni iudirectenient, dan (juel(]ue occasion que ce soit. Le 
Gouvernenient Britaniijue ne poura exiger d'eux (ju'une exacte neu- 
tralite. 

"They becouie subjects of the King."' 



the 
privilc 

C'esi 
roiit de 



AitT. 42. 

Les Francois et Canadiens continueront d'cstre gouvcrnes suivant h 
coutumo de Paris et les loix et usages etablis pour ce pays, et ils ne 
pouront estre assujettis ii d'autrcs inipots tiu'h, ceux estoient etablis sous 
la domination Fran^aise.-'" 

" Answered by the preceding articles, and particularly by the last." 



THE CAPITULATION OF MONTREAL. 



51 



tlio sftme treatment as the Canadians, and shall enjoy the same 
privile^'es as they. 

C't'St au Roy it disposer de ses anciens sujets: en attendant ils joui- 
lont de memes privileges que les Canadiens. 

Art. 39. 

Xo Canadians Acadians, or French, of those who are now in Canada 
and on the frontiers of the colony on the side of Acadia, Detroit, 
Michillimackinac, and in other places and posts of the upper country, nor 
soldiers married and unmarried remaininj^ in Canada, shall be carried or 
transported into the Enj^lish colonics, or to Old Ent,'land, and they shall 
not be molested for having taken arms. 

Accorde exceptc ti 1 egard des Acadiens. 



m 



Art. 10, 

Tlie savage or Indian allies of his Most Christian Majesty shall be 
maintained in the lands they occupy if they wish to remain there ; 
tliey sliall not be disturbed on any pretext whatever for having taken 
arms and served his Most Christian Majesty. They shall have, like the 
French, liberty of religion, and shall keep their missionaries. It shall 
bu permitted to the actual Vicars General, and to the Bishop, when the 
Ljiiscopal see shall be filled, to send new missionaries to them when they 
tliink it necessary to do so. 

Accorde, ii la reserve du dernier article (jui a deja etc refuse. 



Art. 41. 

The French, Canadians, and A.cadians, who shall remain in the colony, 
i)f wiiatcver state and condition they may be, shall not be forced to take 
arms against either his IMost Christian jVfajesty or his allies, directly 
or indirectly, on any occasion whatever. The British Govermnent 
sliiill reiiuire of them only an exact neutrality. 

lis deviennent sujets du Roy. 



Art. 42. 

The French and Canadians shall continue to be governed according 
to tlie custom of Paris, and the laws and usages established for this 
country; and they shall not be subjected to any other imposts than 
thoHO which were established under the French dominion.-" 

Kepondu par les articles precedents, et p.irticuli6remont par le dernier 
H.C.O, — 4 



52 



THE CAPITULATION OF MONTREAL. 



AnT. 43. 

Les papiors dti f»ouvernomerit resteront sans exception an pouvoir dn 
M'^ do Vandreuil, et passeront en France avec lui. Ces papiers ne pou- 
ront estre visitcs sous quel(]ue pretexte que ce soit. 

" Granted, witli the reserve already made." 

AuT. 44. 

Lcs papiers de I'lntendance, des Bureanx dn Controlc do la Marine, 
dcs Tresoriers ancien et nonveau, des Maj,'azins du Roy, du Bnrcau dn 
Domaine et des forces Ht. Maurice, resteront au pouvoir de M. Bij,'ot, 
Intendant, et ils seront embarquos pour France dans le vaisseau ou il 
passera. Ces papiers ne seront point visites, 

" The same in this article." 

Art. 45. 

Les Rof^istros et autres papiers du Conseil Supcrieur-' de Quebec, de 
la Prevoste et Aniirautc de la memo ville, ceux des jurisdictions Royales 
des trois Rivieres et deMontrcal ; ceux des jurisdictions seif^ncurialcs de 
la colonic ; les minutes des actes des notaires des villes et dcs canipajines, 
et {^oneralement les actes et autres papiers qui peuvent servir i\ justificr 
I'estat et la fortune des citoyens, resteront dans la colonie dans les f^reffus 
<les jurisdictions dont ces papiers dependent. 

" Granted." 

AuT. 4(5. 

Les habitans et n6f,'ocians jouiront do to is les privilei^'os du comerce 
aux memos favours et conditions accordee.s au sujcts de sa INIajeste 
Britanique, taut dans les pays d'en hant (jue dans I'intorieur de la 
colonie. 

" Granted." 

AiiT. 47. 

Le nef»res et panis-- des deux sexes resteront en Icur qualite d'esclavcs, 
en la possession dos Friui(,'ois et Canadiensa (jui ils apartiennent ; il lenr 
sera libr<^' de les jiarder a lour service dans la colonie, ou de les vendre, et 
ils pouront aussi continuer u les faire elever dans la Relif,'ion Romaine. 

"Granted, except those who shall have been made prisoners." 



I 



Art. 4rt. 

II sera permis au M'** de Vandreuil, aux officiers generauxet supc'rieur;; 
des troupes de terre, aux Gouverneurs et etats majors des diffurentfs 



THE CAPITULATION OF MONTREAL. 



53 



AuT. 48. 

The papers of the Government shall remain without exception in the 
power of the Marcjuis de Yandrouil, and shall <,'o to France with him. 
Those papers shall not be examined under any pretext whatever. 

Accorde avec la reserve deja faite. 

Art. 44. 

Tlic papers of the Intendancy, of the offices of Control of Marine, of 
the old and new Treasuries, of the Kiuf^'s maf,'azines, of the officers of the 
Revenue and Forges of St. Maurice, sjuill remain in the power of M. 
Hij,'ot, the Intendant, and they shall he ship[)ed for France in the vessel 
in wliich he ^'oes. Those papers shall not be examined. 

U ell est de meme de cet article. 



Ai;t. 4.-,. 

The rej^'isters and other ])apers of the Sni)renie Council-' of Qnehi' j, of 
the i'revute and Admiralty of the same city ; those of the IJoyal juris- 
dictions of Three liivers and Montreal ; those of the Heij,'iiorial jurisdic- 
tions of the colony ; the minutes o[ tlie acts of the notaries of tlio towns 
and of the rural districts, and, j^enerally, the acts and other papers that 
r.uiy serve to prove the estates and the fortune of the citizens, shall 
leiiiuiu ill the colony in the rolls of the jurisdictions on whicli those 
|>:i])ers depend. 

Accorde. 

Ai:r. 4(;. 

'i'hc iuliabitants and mercliants sliall enjoy all the privile;,'rs of trade 
on the same favors and conditions ^{ranted to the subjects of his Britannic 
Majesty, as well in the upper districts, as in the interior of tlie cidony. 

.\e(:orde. 

Ai;r. 47. 

Tlie netjroes and panis'-"- of botli sexes sliall remain in their quality of 
slaves, in the possessi(ni of the French and C!aiiiidians to whom tlicy 
iieloui,' ; they shall be free to keep tiii'in in their service in the coloii\, i>r 
t'l sell them, and tliey may also eontiiiue to have them bcou^lit up in tl;e 
lioniHu reli},'ion. 

.\ecorde, excepte ceux (jui auront etes faits [irisoniiiers. 

AiiT. 4s. 

The Mar(]uis de Vaudreuil, tiie general and superior officers of the Ian 1 
"I'lops, tlie governors luid the staff officers of the different [)laces of the 



54 



THE CAPITULATION OF MONTREAL. 



places (le lii colonic, mix oHiciers militcires et dc justice, et i'l tontes aiitrcs 
personnes (jui sortiront dc lacoloiiie, oiuiuisoiit deja absents, de noniiner 
et etablir dus procnreurs pour aj^ir pour eux, et en leur nom, dans lad- 
ministration de leurs biens, meubles et ininieublcs, jusiju'ii ce fpie la 
paix soit faitc. Kt si jjar Ic traitte dcs deux courones Ic Canada ne rentre 
point sous la domination l''ran<;oise, ces officiers, on autres personnes. ou 
procnreurs pour eux, auront I at^renient de vendre leurs sei^neuries, 
maisons, et autres biens fonds, leurs nifubles et effets, iVca, d'en emporter 
ou faire passer le prciduit en 1'' ranee, soit en lettres de chanj^e, especes 
sonantes, pelleteries, ou auties retours, c(jninie il est dit a I'ariicle ;17. 

•' Granted." 

AliT. I'.l. 

Les habitans ou autres ))ersonnes (jui auront soutfert (juehiue doniaj,'e 
en leurs biens meubles ou immeubies. restes u Quebec sous le foy de la 
capitulation de cet ville, pcMiront faire leurs representations au 
Gouvernement ltritani(iue, (jui leur rendra la justice, (]ui leur seia ilue 
centre cpii il apartiendra. 

" Granted." 

Akt. i")(), et i)EHNii;i;. 

La presente caijitulation sera inviolablement executee en tous Its 
articles, de part et d'autre, et de bonne foy, non obstant toute infraction 
et tout autre pretexte p:ir raport aux precedentes capitulations, et sans 
pouvoir servir de represailles.'--' 

1'. S. 
Akt. r.l. 

Le General Anj^lois scn.i^aj^era en cas ipiil reste des sauva^es, apri's la 
redition de cette ville, a enipecher (iu"ilsn"entrent dans les villes, et cju'lls 
n'insultent en aucune maniere les sujets de sa iM"^' Tres Cliretienne. 

"Care sliall be taken tliat the Indians do not insult any of the subjects 
of liis Most Christian Majesty." 

Aitr. r,2. 

Les troupes et autres sujets de sa M'' Tres Cliretienne, (jui duiveiit 
passer en France, serout embarciuees (juinze jours au plus tartl apres la 
signature de la presente capitulation. 

" Answered bv tlie 11th article." 



Aitr. 'hi. 

Les troupes et autres sujets de saM^'Ties Chiotienne, (jui devront 
passer en France, resttront lo^ees, ou cann-ues dans la ville de Montrcul 



THE CAPITULATION OF MONTUEAL. 



55 



colony, tlie military and civil ofticers, and all other persons who sliall no 
from tlie colony, or who are already absent, shall have leave to name and 
appoint attorneys to act for them and in their name, in the administra- 
tion of their effects movable and immovable, nntil the jjcace be nuide. 
Ami if by the treaty between the two crowns Canada does not come aj^ain 
under French rule, those officers or oilier persons, or attorneys for them, 
shall have leave to sell their seij^norics, houses, and other estates, their 
movables and effects, etc., to carry away or send to France the produce 
thereof, either in bills of exchanf^e, specie, furs, or other returns, as men- 
tioned in article iil. 
.\ccorde. 

Akt. 4i>. 

The inhabitants or other persons, who shall have suffered any dama<,'e 
in their floods, movable or immovable, left at Quebec under tl.e faith of 
the capitulation of that city, nniy nuike their representations to the 
l'>iitisli (Government, who shall render them due justice aj^ainst those 
whom it may concern. 

Accorde. 

Alif. ")(), AND LAST. 

The presey.t capitulation shall be inviolably executed in all its articles, 
on both sides, and in j^ood faith, notwithstandiuf^ any infraction and any 
other pretext with re^'ard to precedinj; capitulations, ami without resort- 
ini^ to reprisals.-' 

Accorde. 

rOSTSCKIl'T. 

AUT. ."<1. 

The I-In<jlish i^eneral shall undertake, in case there remain any savages 
after the surrender of this town, to prevent them from entering into the 
towns, and trom insulting in any way the subjects of his Most Christian 
Majesty. 

On aura soin que les sauvagesn'insulte- ' aucun dessujetsde saM"'TreH 
Chreticnne. 

Art. ij'J. 

The trooj)s and other sulijects of his ^Nlost Christian ^fajesty, who are 
t 1 go to r'ranco, shall be embarked at latest fifteen days after the signing 
of the present capitulati(jn. 

Repouduparrarticle 11. 

Art. ')'.]. 

The troops and other subjects of his Most Christian Majesty, who are 
to go to France, shall remain lodged or encamped in the town of Montreal 



rA\ 



THE CAPITULATION OF MONTREAL. 



et antre^ postos (lu'cllfM onciipotit pi-p-iPiitcniciit jiiscpraii moinont niirllr^ 
Ht'roiitt'inl)iir(pu''esp()ur ledrpiU't. Useni m'';iiitinoiiiHiiccoril<lc's piisscports 
i\ceuxi|iii en aiu'Diit boHoin, pour Iuh dit'fcreiiH lieux de hi colonic pour 
iiller viupior I'l Iciirs affaires. 

"Grautod." 

AitT. 51. 

Tons It's offi<'iors ot soldats >\c^ troupes an service do France, ipii sont 
prisonuiers a la NouvuUe An^^leterre, et faits en ( 'aiiada, seroiit ren voyes Ic 
plustost (pi'il sera possible en France, oil il sera traitle de leur rani.'on, on 
C3hanj^c, suivant le cartel; et si (pic'lcpies uns de cea officiera avoient des 
affaires en Canada, il leur sera perniis d'y venir. 

"Granted." 

Aur. ;')"). 

Quant auxofliciers de niilices, aux miliciens, et aux Accadicns (jui sont 
prisoniers a la nouvelle An^^leterre, ils seront renvoyes sur leurs terres. 

Fait :\ Montreal le 8 Sept. ITC.O. 

Vaudkeuil. 
"Granted, except wbat ret,'ards the Acadians.' '•* 

Done in the camp before Montreal the 8th September, 17<iO. 

(Sf^d) 

Jekk. Amiikhst. 
Endorsed : — 

Copy — .\rticles of capitulation granted to the Marquis de Vaudreuil. 
8th Sept., 1700. ■-■• 



NOTES TO THE CAriTULATION OF MONTREAL. 

1 The loft hand pa'jo ci>ntaius the contract of surreixlcr, the stiimlatioiis c.f 
the FrLMicli (iovuriior biniij,' in French, ami the replies of the British t'onnuiiiKler- 
iu-chief in Hiit,'liHli. The ri^ht hand paj^e contains KukHsIi and French transhi- 
tions of these articles, resiiectively. The French t(!xt in both columns is i)rintt'l 
from a certified coiiy of the ori^'inal document in the "Colonial Office Piijiers " 
under tlie title of " .-Vmenca and the West Indies," vol. O.'J. The French text 
have been carefully collated with those printed in Vol. O of the •'Statutes of 
Lower Canada." The text ot the Hritish concessions is taken from Knox's 
" Historical .lournal of the Canipait^n in North America " (Vol. II, p. IC:!!, and its 
correctness is sutliciently attested by the fact tluit it is almost literally identical 
with the text jirnited in the "Annual Ke^;ister" for 17(')() ip. '2'J-2), and with tluit t,'ivfu 
in the "Dociunents Relative to the Cohniial History of the State of New York ' 
(Vol. X, p. 1107). The latter is copied from the original in the Government 
Archives at Paris. Captain Knox no doubt took his copy at Montreal while tli6 
articles were under negotiation. The editor of the".\nuual Kegister' wii* 



THE CVPITULATION OF MONTREAL. 



o7 



iiml Dtliur posts wliicli they now (icctipy, until tlu; time wliuii they hIiiiII 
1)L' I'liilnirkud for tlicir (lc'[):irtiiro. I'assports, however, si lall Ik; t^raiited 
to tli'isi; who shall want them, for the dilfereiit places of the colony, i<H!,o 
anil attend to tiieir affairs, 
Accorde. 

Apt. ')i. 

All the ofticers and soldiers of the troops in the service of France, wlio 
are prisoners in New Knj^land, and were taken in (Janada, shall be sent 
baclv as soon as possible to France, where nej^otiations will be entered 
into for their ransom or exchan^,'e, according; to the cartel ; and if any of 
those otticers had affairs in (Canada, thej' shall have leave to come thither. 

Accorde. 

AUT. ')/>. 

As to the ofiftcers of the militia, the militia-men, and the Acadians who 
nre prisoners in New J'^n^land, they shall be sent back to their countries- 
Done at Montreal, the 8th of September, ITtJO. 

Vaubreuil. 
Accorde a la reserve de ce qui re^jarde les Acadiens.^ * 

Fait au camp devant Montreal ce 8« Septembre, 1700, 

Jeff. Amherst. 



Kilmuiid IJurko, who probably obtained his copy from tlio original in the Colonial 
ollico. hi the translation of the Froueh articles use has been made of the ver- 
sion t;iven by Knox, and also of the vi^rsion (,'iven in the New York "Docnmonts," 
whic'li in some respects differs frmn it. Tlie translation in the "Annual Regis- 
ter" is substiuitially identical witli the one j,'iven by Kno.x. The nhortness ol the 
tiiuo which elapsed between the first connuinhcation from De Vaudreuil to 
Amherst, and the submission of the former's stipulations for the hitter's con- 
siileratiiin seems to show that De Vaudreuil, as in the case of Quebec, had for 
soiiio time been meditatint,' the surrender of the place and had prepared the 
articles beforehand, Net,'cjtiatioiis were opened on the niornin}^ of the 7th of 
September, and by noon (ieu. .Vmherst had returned the French stipulations 
with his own conditions appended. Tho remainder of that day was consumed 
in corresiiondence, and the articles were signed on the following day. 

- The .Marcpns do Vaudreuil protesti'd against tho severit;' of those terms, but 
in vain. The Chevalier do Liovis, who connnanded the Frenci" troops, absolutely 
refused to submit to them, until ordered to do so by the Goverior. An English 
Version of the Chevalier's protest and the Governor's order is given in tho New 
York " Documents" (Vol. X, p. llOti). The order is brief enough to bo quoted : 



58 



NOTES TO CAPITULATION OF MONTREAL. 



"Wliereas tho interest of the colony does not permit ns to reject the conditions 
"proposed by tlie EnKlish general, wliich ere favorable to a country whoso lot is 
"confided to me, I order Chevalier do Levis to conform himself to tlie said capitula- 
"tion, and tomake the troops lay down their arms." 



Montreal, 8th September, 17G0. 



Vaudkeuil- 



De Levis sent to Gen. Amherst a spirited remonstrance on his own account, 
as a soldier to a soldier, but his messengor was silenced and told by Amherst 
" that he was fully resolved, for the infamous part the troops of France had 
" acted in oxcitiiif,' the savages to perpetrate the most horrid and unheard of 
" barbarities in the whole progress of the war, and for other open treacheries 
"as well as flagrant breaches of faith, to manifest to all the world, by this 
" capitulation, his detestation of such ungenerous practices, and disaijprobatiou 
"of their conduct," (Knox's "Historical Journal.'' Vol. II, p. 418). 

In a letter sent to Marshal de Belle Isle after he landed in France, De Levis 
asserted that tho regular troops " merited more attention from the Marquis de 
Vaudreuil and more esteem from (Jen. Amherst, and added that his protest 
against what he considered harsh terms had prevented an exchange of the 
civilities "usual on such meeting between generals." New York "Documents" (Vol. 
X, p. 1123). 

s Gen. Amherst in a letter to the Marquis de Vaudreuil (Knox's "Historical 
Journal," Vol. II, p. 4201, stated, before the articles were signed, that he would leavd 
the question of taking possession of the gates and of posting guards to the Governor's 
"own convenience," as ho liad proposed these precautions "only with a view of 
maintaining good order, and to prevent with greater certainty anytning being 
attempted against the good faith and terms of capitulation." 

i In the New York " Documents " the blank is filled with the word " Quebec " iu 
brackets. In Knox's English version— he does not give the French text— 
" Quebec " is inserted without brackets, ilt is similarly inserted in the text iu 
the "Statutes of Lower Canada." 

5 Knox gives this remark but it is w-anting iu tho colonial office French ver- 
sion, and also in the articles printed in the "Annual Register." Its omission 
from the articles in the New York " Documents " shows that it is wanting also 
in the original in the French Ai'chives. In the text in the " Statutes of Lower 
Canada" there is an obvious error in the French, version, in the use of the word 
"precedent." 

6 In his letter to Marshal de Helle Isle (see Note 2 above), De Levis attributes 
tlie large number of French deserters to the fact that the soldiers had been 
permitted to marry and settle on land, and that they had been led to expect 
their discharge at the conclusion of the war. 

7 The object De Vaudreuil had in view in the insertion of this stipulation was 
to prevent the perpetration of outrages on tho French people by the Indians 
who formed part of the armies commanded by General Haviland and by Gen. 
Amherst. Tho latter had been joined at Oswego by Sir William Johnson, who, 
according to Knox (" Historical Journal," Vol. 11, p. 400), had under his command 
I'SM Indian warriors, mostly Iroquois. All but a few of these on the way to 
Montreal iibaiulonod Amherst's army in disgust because tho general would not 
permit sealiiiiig and other savage atrocities. 

t* This name appears in Knox's " Histurical Journal," in tlie "Annual Kegister," 
and in the New York " Documents," as "Moraigans." The Marquis de Vaudreuil 
in a despatch, of which a traiislaticui is given in the Now York " Documents," 
(Vol. II, p. 579), twice spells the name " Moruingaus." Who these Monaigans or 



NOTES TO CAPlTUliATION OT MONTREAL. 



5J) 



Moraigans were cannot now be indisputably ascertained. Tlio weight of authority 
seeniB to favor the view tliat they woro the Moliicans. Knox ("Historical 
Journal," Vol, II. p. 400), mentions the "Mfiliiaiis" in the list of tribes wliich 
were represented in .lohnson's army, and (^oUlen in his '• History of the Five 
Nation Indians" states that the French name " .■\Iouri{^an " is the equivalent of 
the English name " Mahikander," which was given to a tribe on the Hudson 
Kiver, below Albany. That Kno.x's "Mohians" and Colden'a " Mahikanders " 
were the Indians commonly called "Mohicans" is probable, as is also the 
'dentity of Colden's " Mourigan," with Vaudreuil's "Moraigans" and "Moraingans " 
Golden wrote his histoi-y while he was surveyor-general of the Province of New 
York, and it was published just ten years before the capitulation of Montreal. 

y In the " Statutes of Lower Canada," ' Commissaires des guerre.' Tliat there 
was only one " Commissary of War " appears from the versions given in Knox's 
"Historical Journal" and the New York "Documents." Do. Levis in his letter 
to Marshal de Belle Isle (see note 2) gives his name and title "Commissary 
liernier." 

10 " Mon dit Sieur." 

11 General Amherst did his best to keep this pledge, but as a matter of fact 
the French officers and soldiers suffered a good deal of hardship on the voyage. 
For an account of their sufferings see De Levis' letter to De belle Isle referred 
to in Note 3. The French general does not charge the English general with want 
of good faith, and he admits that when Amherst, on account of insufficient vessel 
acconunodation, desired to send the battalion by way of New York, he opposed 
it on the ground that it would have been "annihilated on that route by voluntary 
desertion or insubordination," 

1'.^ The war between the Hritish and the French in .\merica was but an epis(!de in 
the " Seven Years War." which was waged from 1757 to 1763. Hostilities came 
permanently to an end in America with the surrender of Canada, but they con- 
tinued for two years longer in Europe. The original belligerents, Prussia and 
Austria, settled their differences by the treaty of Hubertsberg, which wasi signed 
on the 15th of February, 17t)3; and Great IJritain, France, and Spain did the same 
thing by the treaty of Paris, which was signed on the 10th of February, 1763. 

la "Lesdits." 

H For an account of the various companies organized to carry on the fur trade, 
sec Kiugsford's " History of Canada," Vol. II , pp. 504-,'jOH. See also Vol. I., p. 331 of 
the same work. 

15 " La dite." 

1" " Scarlet cloths" in the translation in the New York " Documents." 

i' Compare with this concession. Art. of the terms of capitulation of Quebac, 
Art. 4 of the treaty of Paris, 1763; sec. 5 of the Quebec Act, 1774 ; sec, 35 of tlio Con. 
stitutional Act, 1791 ; and sec. Ii2 of the Union .\ct, IHIO. 

!■< Get article. 

i!' See Notes to the treaty of Utrecht, and " papers " relating to Nova Scotia. 

'io Compare with this stipulation the terms of the Koyal Proclamation of 170-'}, of 
section 4 of the Quebec .\ct of 1771, and of the Act of Parliament of Upper Canada 
which restored English law in that Province (Appendix D). 

-1 In 1003 Louis XIV. conaiituted as the governing body ot New France " Le 
Consoil Souveraln," with powers similar to tliose of tlie Parliament of Paris. The 
title of this body was in 1703 changed to " Le C'onseil Hupi'-rieur." For a learned 
iliscussion of the nature of this council, see the " Introduction " by P.. I, O. Chan- 
vi^au, prellxed to the collection of " .lugenients et DeUlierations dii C'onseil Souve- 



fiO 



NOTKH TO CAl'ITULATION OF MONTREAL. 



rain de la Nouvelle Franco," publiHliefl in 1885 under tlie auspices of the Legislaturt) 
of Quebec 

'i'i Capt. Knii\ iu a footnote to this article in his " Historical Journal, ' says : " I 
believe this implies convicts, or malefactors condeunied to slavery." 

'•» Compare article 11 of the Capitulation of Quebec, and see Note 7 upon it. 

' 24 " N' insultent." 

25 The endorsation of the copy translated for tlio New York " Documents " is as 
follows: "Certified to bo true, accordiuf,' to the oriLjiiial si^,'ned by the Marquis 
de Vaudreuil, and collated by Mr Appy, secretary of M. Amherst." 



(Signed) 



True copy 
Vaudbeuil. 



TREATY OF PAKIS, 1703. 



61 



J II. EXTRACTS FROM Till-: TREATY OF PARIS, 1708.' 



The Definitive Treaty of Peace and Friendship, between his Britannic 
Majesty, the Most Christian Kinj,', and the Kin^ of Spain ; conchidcd al 
Paris, the 10th day nf February, 17tiH. To which the Kin^' of Portu^'al 
acceded on the same day. 

I. There shall be a Christian, universal, and perpetual peace, as well by 
sen as bv .uul, and a sincere and constant friendship shall be re-estab- 
h I between tlieir Britannic, Most Christian, Catholic, and Most 
Faithful Majesties. » * * * 

II. The treaties" of Westphalia of 1()4.S ; those of Madrid, between the 
Crowns of Gr. it ,-ritain and Spain, of 1G()7 and 1()70 ; the treaties of 
peace of Nimej^uen of l(')7f^ and 1<)7!I; of Ryswick of lt)!)7; those of peace 
and of commerce of IJtreclit of 17i;{ ; tl at of Baden of 1714 ; the treaty 
of the triple alliance of the Ilaj^ue of 1717 ; that of the quadruple allianci' 
of Londoi ut 17J8 ; the treaty of peace of Vienna of 1738; the definitive 
treaty of Ai ;-'.(i-Chapelle of 174H ; and that of Madrid, between the 
(.'rowns of Great Britain and Spain of 17'iO ; as well as the treaties 
between the Crowns of Spain and Portu^^al, of the 13th of February, 
1()()8, of the Gth of February, 1715, and of the 12th of February, 1761 ; 
and that of the IDth of April, 1713, between France and Portuf^al, with 
tlie f^uaranties of Great Britain : serve as a basis and foundation to the 
peace, and to the present treaty : and for this purpose they are all 
renewed and confirmed in the best form, as well as all the treaties in 
^{eneral, which subsisted between the hi^^h contractinf» parties before the 
war, as if they were inserted here word for word, so that they are to bo 
exactly observed, for the future, in their whole tenor, and religiouslj- 
executed on all sides, in all their points which shall not be dero^^'ated 
from by the present treaty, notwithstandin-^ all that may have been 
stipulated to the contrary by any of the hi^h ccnitractin^ parties ; and 
all tlie said parties declare, that they will not suffer any privile<^e, favour, 
or induli;eiice to subsist, contrary to the treaties above ('onfirnied, except 
wiiat shall have been agreetl and stipulated by the present treaty. 

IV. His Most Christian ^Majesty renounces all pretensions which he has 
lieretofore formed, or mi^ht form, to Nova Scotia or Acadia, in all its 
parts,' and guaranties the whole of it, with all its dependencies, to the 
Kiu}^ of Cireat Britain : moreover, his Most Christian Majesty cedes and 
K'uaranties to his said Britannic Majesty, in full ri^ht, Canada with all 
its dependencies, as well as the Island of Capo Breton,'* and all the other 
islands and C(msts in the t^ulph and river St. Lawrence, and, in general. 



62 



TRKATY OF PAKIS, 17(53. 



everything that depends on the said comitries, lands, islands and coasts, 
with tiie sovereignty, property, possession, and all rights acquired by 
treaty or otherwise, which the Most Cliristian King and the Crown of 
France have had till now over the said countries, islands, places, coastS' 
and their inhabitants, so that the Most Christian King cedes and makes 
over to the said King and to the Crown of Great Britain, and that in the 
most ample manner and form, without restriction and without any liberty 
to dei)art from the said cession and guaranty, under any pretence, or to 
disturb Great Britain in the possessions above-mentioned. His Britan)iic 
Majesty on his side agrees to grant the liberty of the Catholic religion 
to the inhabitants of Canada : he will consequently give the most precise 
and most effectual orders, that his new Koman Catholic subjects may 
profess the worship of their religion, according to the rites of the Bomisli 
Church, as far as the laws of Great Britain permit." His Britannic 
Majesty furtlier agrees, that the French inhabitants, or otliers who had 
been subjects of the Most Christian King in Canada, may retire with all 
safety and freedom wherever they shall think proper, and nniy sell their 
estates, provided it be to subjects of his Britannic Majesty, and bring 
away their effects, as well as their persons, without being restrained in 
their emigration, tnider any ))retence whatsoever except that of debts or 
of criminal prosecutions: the term limited for this emigration shall be 
fixed to tlie space of eighteen months, to be computed from the day of the 
exchange of the ratifications of the present treaty. 

V. The subjects of France shall have the liberty of fishing and drving, 
on a part of the coasts of the Islanil of Newfoundland, such as it is 
specified in the XIITth article of the Treaty of Utrecht; which article is 
renewed and confirmed by the present treaty, except what relates to the 
island of Cape Breton, as well as to the other islands and coasts in the 
mouth and in the gulph of St. Lawrence : and his Britannic Majesty 
consents to leave to the subjects of the Most Christian King the liberty of 
fishing in the gulph of St. Lawrence, on condition that the subjects of 
France do not exercise the said fishery but at the distance of three leagues 
from all the coasts belonging to Great Britain, as well those of the continent 
as those of the islands situated in the said gulph of St. Lawrence. And 
as to what relates to the fishery on the coasts of the island of C'apc 
Breton out of the said gulpli, tiie subjects of the ^lost Christian King 
shall not be permitted to exercise the said fisliery but at the distance 
of fifteen leagues from the coasts of the island of C'ape lireton; and tli.) 
fishery on the coast of Nova Scotia or Acadia, and everywhere else out of 
the said gulph, shall remain on the foot of former treaties." 

VL The King of Great Britain cedes tiie islantls of St. i'ierre and 
Miquelon in full right to his Most Christian Majesty, to serve as a shelter 
111 tiie French fishermen: and his said Most Christian Majesty engages 



TREATY OF PARIS, 176H. 



()3 



not to fortify the said islands; to erect no buildinf,'s upon them, but 
merely for the convenience of the fishery ; and to keep upon them af^uard 
of fifty men only for the police. 

VI f. In order to re-establish peace on solid and durable foundations, 
and to remove for ever all subject of dispute with rej^ard to the limits of 
the British and French territories on the continent of America, it is 
agreed tliat for the future the confines between tlie dominions of his 
Britannic Majesty, and those of his Most Christian Majesty, in that 
piirt of the world, shall be fixed irrevocably by a line drawn along 
the middle of the river Mississippi, from its source'* to tlio river 
IbiTville, and from thence, by a line drawn along the middle of 
tliis river, and the lakes Maurepas and Pontchartrain, to the sea ; and 
for this purpose, the Most Christian King cedes in full right, and 
guaranties to his Britannic Majesty, the river and port of the Mobile, and 
everything which he possesses, or ought to possess, on the left side of the 
river Mississippi, except the town of New Orleans, and the island in which 
it is situated, which shall remain to France ; provided that the navigation 
of the river ^Mississippi shall be e(jually free, as well to the subjects of 
Great Britain as to those of France, in its whole breadth and length, from 
its source to the sea, and ex})ressly that part which is between the said 
isiiuul of New Orleans and the right bank of that river, as well as the 
passage both in and out of its mouth. It is further stipulated, that the 
vessels belonging to the subjects of either nation shall not l)f stojjped, 
visited, or subjected to the payment of any duty whatsoever. The 
stipulations inserted in the IVth article in favor of the inhabitants of 
(Jtur.ula shall also take place with regard to the inhabitants of the 
countries ceded by this article. 

VI II. The King of Great Britain shall return to France tiie islands of 
Guadeloupe, of Marie Galante, of Desirade, of Martinico, and of Belle- 
isle; and the fortresses of these islands shall be restored in the same 
condition they were in when they were conijuered by the Britisli arms; 
provided that his Britannic Majesty's subjects, wlio shall have settled in 
the said islands, or those who shall have any commercial affairs to settle 
there, or in the other places restored to France by the present treaty, 
sliall have liberty to sell their lands and their estates, to settle their 
iiffairs, to recover their debts, and to bring away their effects, as well as 
tlieir persons, on board vessels which they shall be permitted to send to 
the said islands and other places restored as above, and wliieb shall siTve 
for this use oidy, without being restrained on account, of tlieir religion, 
or under iiny other pretence whatsoever, except tluit of debts or of 
criiniuivl prosecutions : * * » 

I.K, The ]\[ost Christian King cedes and guaranties to his Britannic 
Majesty, in full right, tlie islands of Grenada.'' and of the Grenadines, 



64 



TREATY OF PARIS, 17<;3. 



with tlic Hiime stipulations in favor of the inhabitants of this colony 
inserted in the IVth article for those of Canada : and the partition of the 
islands called Neutral is agreed and fixed, so that those of St. Vincent, 
Dominica, and Toba^^'o shall remain in full right to Great Britain, and 
that of St. Lucia shall be delivered to France, to enjoy the same likewise 
in full right; and the high contracting parties guaranty the partition so 
stipulated. 

XVII. His Britannic Majesty shall cause to be demolished all the 
fortifications which his subjects shall have erected in the Bay of Hon- 
duras, and other places of the territory of Spain in that part of the world, 
four months after the ratification of the present treaty ; and his Cath jlic 
Majesty shall not permit his Britannic Majesty's subjects, or their work- 
men, to be disturbed or molested, under any pretence whatsoever in the 
said places in their occupation of cutting, loading, and carrying away 
logwood; and fortius purpose they may build without hindrance and 
occupy without interruption the houses and magazines which ai'e neces- 
sary for them, for their families, and for their effects; and his Catholic 
Majesty assures to them by this article, the full enjoyment of those 
advantages and powers on the Spanish coasts and territories, as above 
stipulated, immediately after the ratification of the present treaty. 

XVIII. His Catholic Majesty desists, as well for himself as for his 
successors, from all |)retension v.'hich he may have formed in favor of the 
Guipuscoans and otiier his subjects, to the right of fishing in the neigh- 
bourhood of the island of Newfoundland. 

XIX. The King of Great I^ritain shall restore to Spain all the territory 
whicli he has conquered in the island of Cuba, with the fortress of the 
Havana, and this fortress, as well as all the other fortresses of the said 
island, shall be restored in the same condition they were in when 
conquered by his Britaimic Majesty's arms ; provided that his Britannic 
Majesty's subjects, who shall have settled in the said island, restored tn 
Sjiaiii by the present treaty, or those who shall have any commercial 
affairs to settle there, shall have liberty to sell their lands and their 
estates, to settle their affairs, to recover their debts, and to bring away 
their effocts as well as tiieir persons on board vessels which they shall bi' 
permitted to send to the said island restored as above, and which shall 
serve for that use only, without being restrained on account of their 
religion, or under any pretence whatsoever, except that of debts or of 
criminal prosecutions; * * * * . 

XX. In conseijuence of the restitution stipulated in the precedingarticle. 
his C'atholic Majesty cetlesand guaranties, in full right, to his Britannic 
Majesty, Florida with Fort St. Augustin and the liay of Peiisacola, as 
well as all tliat Spain possesses on the continent of North America to the 



TREATY OF PARIS, 17()3. 



G5 



east or to the south-east of the river Mississippi ; and, in fjeneral, every- 
thing,' that depends on tlie said countries and hinds, with the sovercij^nty, 
property, possession, and all rif^hts, acquired by treaties or otherwise, 
wliich the Catholic Kin{» and the Crown of Spain have had, till now, 
over the said countries, lands, places, and tlieir inhabitants ; so that the 
Cutliolic Kinf5 cedes and makes over the whole to the said Kinj;, and to 
the Crown of Great Britain, and that in the most ample manner and 
form. His Britannic Majesty agrees, on his aide, to f^rant to the inhab- 
itants of the countries above ceded the liberty of the Catliolic relij^ion ; 
he will consequently t,'ive the most express and the most effectual orders, 
that his new Roman Catholic subjects may profess the worship of their 
reli>,'ion, according to the rites of the Romish church, as far as the laws 
of Great Britain permit: Ilis Britannic Majesty further aj^rees that the 
Spanish inhabitants or others, who had been subjects of the Catholic 
Kin<; in the said countries, may retire with all safety and freedom 
wlienever they tiiink proper ; and may sell their estates, provided it be 
to His Britannic Majesty's subjects, and brinf,' away their effects as 
well as tlieir persons, without beinf» restrained in their emij^ration under 
any pretence whatsoever except that of debts or of criminal px'osecu- 
tions: ♦*.»*..* 

XXII. All the papers, letters, documents, and archives, which were 
found in the countries, territories, towns, and places that are restored, 
and those belonging to the countries ceded, shall be respectively and 
honn jitle delivered or furnished at the same time, if possible, that posses- 
sion is taken, or at latest four months after the exchange of the ratitica- 
Uous of the present treaty, in whatever places the said papers or docu- 
ments may be found. ' " 



66 



TREATY OF PARIS, 1763. 



NOTES TO tup: treaty of PARIS, 1703. 



J The exti'aets selected contain all that is essential from a Canadian point of 
view ill the treaty. Tlie text is reprinted from the " Collection of Treaties between 
( ir(!ttt Hritain and other Powers," puhlished in London in 1790, by Georfjje Chalmers, 
who states tliat this Treaty of Paris " is printed fi-oni the copy which was pnblished 
by antliority in 170:1." Three " separate articles," having " the same force as if they 
were inserted in the treaty." are appended to it. The second of these is as follows : 
"It has been agreed »iid determined that the French language, made use of in all 
the copies of the present treaty, shall not become an example which may be 
alledged or made a precedent of, or prejudice in any manner anyof the contracting 
Powers; and that they shall conform themselves for the future to what has lieeii 
oljserved, and ought to be observed, with regard to and on the part of Powers who 
are used, and have a right, to give and to receive copies of like treaties in another 
laugu.ige than French ; the present treaty having still the same force and effect as 
if tlie aforesaid custom had been therein observe I." 

- The titles by courtesy of George III. of Great I?ritain, Louis XV. of France, 
Cliarles III. of Spain, and Joseph Kmannel of Portugal, respectively. The first 
of the " separate articles," referred to in Note 1, provides that " some of the titles 
made use of by the contracting Powers ' * ' not being genei'ally acknowledged, 
it has be(!n agreed that no prejudice shall ever I'esult therefrom to any of the said 
contracting parties, and that the titles taken or omitted on either side * * ' 
shall not be cited or quoted as a precedent." 

•" For extracts from these treaties, relating to Canada, see Appendix .\. 

< For the extent of .\cadia, see note ."> to the Treaty of Utrecht. 

■"' See Article XIII of the Treaty of Utrecht. 

'■ Compare the corresponding stipulation in Article XX. of this treaty, and also 
the one in .Vrticle XIV. of the Treaty of Utrecht. 

7 See note 7 to the Treaty of Utrecht. 

s Compare the description of the boundary of Quebec given in the Quebec .■\ct, 
1771. For a list of French settlements on the Upper Mississipi)i, see the Ontario 
Sessional Papers, Vol. XI., No. ;!1, pp. 44.')-440. 

■I This cession of Grenada is of importance in connection with Lord Mansfield's 
judgment in Caiiipbell v. Hall. 

1 In a declaration by the British plenipotentiary appended to the Treaty of 
Paris, it is undertaken that "the letters of exchange and bills, which had liccii 
delivered to the Canadians for the necessaries furnished to the French troops, " 
shall be paid "agreeably to a li(piidation made in a convenient time." See 
.Vrticles i't, 21 of the Capitulation of Montreal. 



TIOYAL PROCLAMATION, lUi'A. 



67 



IV. ROYAL TROCLAMATION' UNDER THE TREATY OF 

PARIS, 1708. 

BY THE KING. 



A PROCIiAMATION. 
GEOIlfiK R. 

WiiKi'.KAS wc have taken into our Royal consideration the extensive 
unci vahiable ac(iuisitions in America, secured to our Crown by tiie 
late definitive treaty of peace conchuled at Paris the tenth day of 
February hist ; and bein.i; (k'sirous tliat all our Invin;^ subjects, as well of 
our kingdoms as of our colonies in America, may avail tliemselvcs with 
all convenient speeel of the j^reat benefits and advantaj^es which must 
accrue therefrom to their commerce, manufactures, and navi.uatiun ; we 
have thought fit, with the advice of our Privy Council, to issue tliis our 
Hoyal Proclamation, hcreliy to publish ami (hndare to all om- loving 
subjects, tliat we have, with the advice of our said I'rivy Council, -granted 
our letters [)atent under our Great Seal of (rreat Britain, to erect within 
the countries and islands ceded and confirmed to us by the said treaty, 
four distinct and sejiiirate v^'overnments, stiled and called by th(> names 
of QfF.iiKc, East Fi,oi!1i>a, \Vi:sr Fi.onii.A. and Ghknaoa, and limited and 
bounded as follows, viz : 

i'ir.-itlij. The Government of (^rr.uEc, bounded- on the Labrador 
Coast by the River St. .lohn, and from thence by a line drawn from 
the head of .that river, through the Lake St. John, to the south end 
of the Lake Nipissiin ; from whence the said line, crossing.; the River 
St. Lawrence, and the Lake Champlain in forty-five de<,'rees of north 
latitude, passes alon<^ the hij^h lands which divide the rivers that 
empty themselves into the said River St. Lawrence, from those 
which fall into the sea ; and also alonf,'tlic north coast of the Baye des 
Chaleurs, and the coast of the Gulph of St. Lawrence to Cape 
Rosieres, and from thence crossinf^ the mouth of the River St. Law- 
rence by the west end of the Island of Anticosti. terminates at the 
aforesaid River St. John. 

SrroiKUij. The Government of East Floiuha, bounded to the west- 
ward by the Gulpii of Mexico and the Apalachicola River; to the 
northward, by a line drawn from that part of the said river where; 
the Catahouchee and Flint Rivers meet, to the source of the St. 
Mary's River, and by tlie course of the said river to the Atlantic 
H.C.C. — 5 



68 ROVAIi TROCLAMATION, 170^. 

Ocoiin ; iind to the east ami south hy tlie Athintic Ocean and tlic 
Cltilph of Florida, inclndin^' all tlio islands within six leaj^'ucs of the 
sea coast. 

'Hiirdlij. The (lovernnient of Wkst ri.oiiiDA, bounded to the soutii 
ward by the Gulphof Mexico, including' all islands within six leaj^ues 
of the coast from the River Apalachicola to Lake Pontchartrain ; tu 
tlie westward, by the said lake, the Lake IVIaurepas, smd the River 
Mississippi ; to the northward, by a line drawn east from that part of 
tlie River Mississippi which lies in thirty-one de^^rees north latitude, 
to the River Apalachicola, or Catahouchce ; and to the eastward hy 
the said river. 

Fourthli/. The Government of GiiKNAOA," comprehending' the island 
of that name, together with the Grenadines, and the islands of 
Dominico, St. Vincent and Tobaj,'o. 

And to the end that the open and free lishin<^ of our snl)jects may be 
extended to and carried on upon tlie coast of Labrador, and the adjacent 
islands, we have thouj^ht tit, with tlie advice of our said Privy Council, 
to put all that coast, from the River St. John's to Hudson's Streif,'lits. 
to^'etlier with the islands of Anticosti and the Maj^deleine, and all smalkr 
islands lyinj^ upon the said coast, under the care and inspection of our 
Governor of Newfoundland.* 

We have also, with the advice of our Privy Council, thought fit to 
annex the islands of St. .lohn and Cape Breton, or Isle Royale, with 
the lesser islands adjacent thereto, to our Government of Nova Scotia." 

We have also, with the advice of our Privy Council aforesaid, annexed 
to oui' Province of Georgia, all the lands lyin^' between the rivers 
Attamaha and St. IMary's. 

And whereas it will greatly contribute to the spoeily settling (iur said 
New Governments, that our loving subjects should be informed of our 
liaternal care for the security of the liberty and properties of those who 
are, and shall become, inhabitants thereof ; we have thought lit to 
publish and declare, l)y this our Proclamation, that we have in the letters 
patent under our Great Seal ot Great Britain, by which the said Govern 
nieiits are constituted, given express power and direction to our governors 
of our said colonies respectively, that so soon as the state and circuin 
stances of the said colonies will admit thereof, tliey shall, with the advice 
and consent of the members of oui- ("ouncil, summon and call general 
assoinblies" within the said governments respectively, in such manneraiiii 
form as is used and directed in those colonies and pros inces" in America, 
which are under our immediate government; and we have also given 
power to the said governors, with the consent of our said councils ami 
the representatives of the people so to be summoiitil as aforesaid, tu 



ROYAL PROCLAMATION, 17ti:i. fi!) 

make, constitute, and ordiiin laws, sliittitos, and ordinances for the 
jmhlic peace, welfare, and i^ood ^'ovei'uinent of our said colonies, and of 
the people and inhabitants thereof, as near as jnay he, aj'reeable to the 
laws of I'lntiland, and under such rei,'ulations and restrictions as are used 
in other colonies, and in the meantime, and until such assemblies can 
1j( called as aforesaid, all persons inhabitinj,' in or resorting' to our siiid 
colonies may confide in oin* Hoyal i)rotection for the enjoyment of thr 
benefit of the laws of our realm of I'hi^land:'* for which purpose we hivve 
i;iven power under our threat seal to the ^jovernors of our said colonies 
respectively to enact and constitute, with the advice of our said councils 
respectively, courts of judicature and public justice within our said 
colonies for the liearinj^ and determining all causes as well criminal as 
civil according to law and equity, and, as near as may be, aj^'reeable to 
tlio laws of En^^land, with liberty to all persons who may tiiiidt tlu'iii 
selvt s a,i,'^rieved by the sentence of such courts in all civil cases to ap|)eal ' 
niiilei' the usual limitations and restrictions to us in our Privy Council ' / . 

We have also thou<,'ht fit, witli the advice of our Privy Council as afore- ' A 

said, to f^ive unto the f^(n'ern(>rs and councils of our said three new colonies «■) 

upon the continent full power iind authority to settle and a.i^ree with the -^ y 

inhabitants of our said new colonies, or any other person who shall resort (y 
thereto, for such lands, tenements and hereditaments as are now or here- rt 
after shall be in our power to dispose of, and them to grant to any such »^ -/ 
person or persons, upon such terms and under such moderate (]uit rents, " < t , 
services, and acknowledgments as have been appointed and settled in ■-■. 
other colonies, and under such other conditions as shall appear to us to * / .^ 
be necessary and expedient for tlie advantage of the grantees and the 
innirovement and settlement of our said colonies. 

And whereas we are desirous upon all occasions to testify our Royal 
•ieiise and approbation of the conduct and bravery of the ot'ticers and 
soldiers of our armies, and to reward tlie same. \Vedoherel)y command 
Hiid empower our governors of our said three new colonies, and other our 
iiovernors of our several Provinces on the continent of >Jorth America, to 
1,'raiit without fee or reward to such reduced oflicers as have served in 
Nortli America during the late war, and are actually residing there, anil 
shall personally apply for the same, the following (luantities of land. 
subject at the expiration of ten years to the same quit rents as (jtiier 
lands are subject to i!i the Province witliin which they are granted, as 
■ilso subject to the same conditions of cultivation and improvement, vi: : 

To every person having the rank of a held oflicer. . . . .").(HtO acres. 

To every captain ;'..0(iO acres. 

To every subaltern or staff officer 2,000 acres. 

To every non-commissioned officer 200 acres. 

To every private man OO acres. 



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70 



UOYAL PROCLAMATION, lim. 



We ilo likewiHf autliorize mid rtMjuire tlit* (loveniors and ConimanderB- 
iii-Cliief ;)f all our said Colonics upon the (Continent of North 
America, to ^rant tlie like (juantiticK of land and upon the same 
conditiouH to Hindi reduced oflicers of our navy of like rank as served 
on board our ships of war in North America, at tiie times of the 
reduction of Louisbur^; and Quebec in tlie late war, and who shall 
IHirsonally apply to our respective (iovernors for such j^ranty. 

And whereas it is just and reasonable, and essential to our interest 
and the security of :)ur colonies, tliat the several nations or tribes of 
Inilians'" witli wlioni we are coiinecti'd, and wiio live under our pro- 
tection, should not ')e mojpsted or disturbed in the possession of such 
parts of our donuM; i;. Ill, d territories as, not luivin^j been ceded to us, 
are reserved te then, or any of them, us their huntin;{<^rounds ; we do 
therefore wi'.i the u 1 e of our J'rivy ('ouncil, declare it to be our 
Royal \>.;r a/i(i plji.-.! • ■ o Governor or (Jommander-in-Chief in any 
of our colonies Jt QtK.ii ',\^t Fi,oi!II>a, or \Vi:sr Flohida, do presume 
upon u'ly j.naence whate' •■r to tyrant warrants of survey, or pass any 
patents tor iiiiids beyond tlie Inniiids of tlieir resjiective {governments as 
described in tlieir comniissioiis : as also tiiat no Governor or Commander- 
in-Cliief of our otlier colonies or plantations in America do presume for 
the iireseiil, and until our further pleasure bi" known, to ;^rant warrants 
of survi'y, or pas* any [lalt'iits for lands ia^yoiid the heads or sources of 
any of the rivers which full into the .Vtlantic Ocean from the west or 
nortiiwest ; or n[ioii any lands whatever wliicli, not having been ceded to 
or purchased by us, as aforesaid, are reserved to the said Indians or any 
of them. 

And we do further declare it to be our Royal will and pleasure, for the 
present as aforesaid, to reserve under our soverei{,'iity, protection, and 
dominion, for tlie use of the said Indians, all the land and territories not 
included within the limits of our said three new j^overnments, or within 
the limits of the territory {^ranted to the Hudson's Bay Company ; as 
also the land and territories lyin^i to the westward of the sources of the 
rivers which fall into the sea from the west and northwest as aforesaid ; 
and we do hereby strictly forbid, on pain of ourciispleasure, all our loving 
subjects from making; any purchases or settlements whatever, or takinjj 
possession of any of tlie lands above reserved, without our special leave 
and licence for that purpose first obtained. 

And we do further strictly enjoin and require all persons whatsoever, 
who have either wilfully or inadvertently seated themselves upon any 
lands within the countries above described, or upon any other lands 
which, not having been ceded to or purchased by us, are still reserved to 
the said Indians as aforesaid, forthwith to remove themselves from Buch 
settlements. 



ROYAL PROCLAMATION, 17<»8. 



71 



And wlicroas threat fraiulK and abuses have been committecl in the 
imrclmsint; lands of the Indians, to tlie {^reat prejudice of our interests 
and to the ^'reat dissatisfaction of the said Indians ; in order, therefore, 
to prevent such irrepuhirities for the future, and to the end tliat the 
Indians may be convinced of our justice and determined resolution to 
icniovc all reasonable cause of discontent, we do, with the ad\ice of our 
Privy rouncil. strictly enjoin and require that no private person do 
presume to make any purrliase from the said Indians of any lands reserved 
tn till' said Indians within those parts of our colonies where we have 
thont,'lit i)roper to allow settlement; but that, if at any time any of the 
said Indians should be inclined to dispose of the said lands, the same 
sliall be purchased only for us, in our name, at some public meeting or 
assiinhly of the said Indians, to be held for that purpose by the Governor 
or rominander-in-(!hief of our colony respectively, within which they 
«liall lie: and, in case they shall be within the limits of any proprie- 
tiiriis,' ' conformable to such directions and instructions as we or they 
«liall think proper to t^ive for that purpose : and we do, by the advice of 
oiir Privy ('(nuicil. declare and enjoin that the trade of the said Indians 
rtliall be free and o]>en to all our subjects whatever, provided that every 
person wlio may incline to trade with the said Indians, do take out a 
licence for carrying; on such trade, from the Governor or C'ommanderin- 
Chief of any of our colonies respectively, where such person shall reside, 
and also tiive security to observe such ret^ulations as we shall at any 
tiinf tliink fit. by ourselves or commissaries to be appointed for liiis 
liuriiosc. to direct and ajipoint for the benefit of the said trade ; and we 
do liiroliy authorize, enjoin and recjuire the Governrns and Gommanders- 
in-('liief of all our colonies respectively, as well those under our innne- 
diat<- {government as those inider the •government and direction of pro- 
jirit'taries, to trrant such licenses without fee or reward, takiiif^ special 
ciiiv to insert therein a condition that such licence shall be void, and the 
security forfeited, in case the jierson to whom the same is ^'ranted shall 
refuse or nt';;lect to observe such rej^ulations as we shall think proper to 
Iinscrihe. as aforesaid. 

And we do furtlier expi'essly enjoin and re(|uire all oflicers whatever, 
IIS well military as tliosi' employed in the nniuai^enient and <lirection of 
Indian affairs within tiie territcn'ies res;'rved as aforesaid for the use of 
till' s;iiil Indians, to seize and appreheiul all persons whatever who, 
stiuiiiiu;: cliur^^ed with treason, misprision of treason, murder, or other 
fi'lonii's or nusdemeanors, shall fly from justice and take refui,'e in the 
faid territory , and to send them under a proper j,'nard to the colony 
will . I' the crime was committed, of which they shall stand accused, in 
order to take their trial for the same. 

'iiven at our Court, at St. daines's, the seventh day of October, one 
thousand seven hundred and sixty-three, in the third year of our lloi^n. 

GOD SAVK THK KINCi. 




72 



PROCLAMATION UNDER THE TREATY OF PARIS. 



NOTES TO THE ROYAL PROCLAMATION, 1703. 



< By the judKincnt of Lord Chief JiiBtico MiiiiKtleld hi tho caRo of CaiiiphfU v 
Hall, whicti has lutvur l>eoii ruverHed l>y or <juustioii«d in u court of law, this Proclii 
Illation is (h'clarol to iiavu huoii tliu Imperial Cuiistitutioii of Canada diiriufj tlir 
years 170:1-1774. In the latter year it was sti|)ers(>(U!il by tho Que!;ec Act. The ten 
IK reprinted from the " .Annual KcKister " for 17ti;i, a conteniporury avithority. hut 
it has been compared witli other reprintH. 

« (.'ompaio tho boundaries of Quebon as ^iven in the Quebec .Act, 1774, an modilled 
by tho Treaty of Paris, 17h;1, and as authoritatively declared for the western and 
northern limits of the former I'rovinco of Quebec by tho In p» .jal Act of Ihk^i 
to de«lare the bounilariesof the Proviuco of Ontario in the Dominion of Canada i.Vi 
and ra Vict. Cliap isi. 

•' See Lord (;hief .Justice Mansttc-ld's iud(,'nient in CatnpUell y. Hall, for a state- 
ment of the facts ecuinccted with tho ostahlishment of Hritish (iovernmoiit in 
(irenada. 

♦ Compare tlie ti)uebec Act, 1774, and the Constitutional .\ct, 1791. For the treaty 
stipulations with l-'ranco respecting' the fisheries see the Treaty of Utrecht, 17i:J, 
the Treaty of Paris, 170.1, and the Treaty of Versailles, 17«.'J. 

» "St. .John" was tho former luvmo of Prince Kdward Island. With respect to 
Nova HcDtia and Cape Hreton, com|)are tliu Treaty of L'trecht, 1713; the Treaty 
of Ai.\-la-Chapelle. 1748 ; and the Treaty of Paris, Vjm. 

'• Tho commission to Oovernor Melville of (Iroiiada was issued on the 9th of 
April, 1704, and the one to (lovernor Murray of Quebec on tho '2l8t of Novoiiibci- 
17ti:i. Kach authorized tho (lovernor to call an .Vssombly, but in tho case of 
Quebec this authorization was not acted upon. With respect to Grenada see Note 
3, above. 

' Si!o Note 1.") to " Uopresentative Assemblies in the Maritime Provinces." 

* For contemporary opinion as to tho extent to which lOiiKlish law, civil and 
criminal, was really introduced by this i)roclamation, see Maseres' " Collection of 
Couimissioiis." 

y Tho appellate jurisdiction of tho KinR-in-Council was declared illoRal by the 
Petition of UiKlit and the Act of 1040 for all causes arising,' in (Ireat Hritain. It 
was recognized after tho Uestoration, first for the Islands of Jersey and Guernsey, 
and afterwards for all the Colonies, for which the Judicial Committee of the I'rivy 
Council is still tho tribtiiuil of lust resort. 

10 The nature of the Indian title to hinds occupied by nomad tribes has from 
very early times in .Xmerica, been a subject of b )tl: political and lenal importaiu'c- 
For all Hritish Colonies all controversy on the iiuestion has been linally set at rest 
by the judh'nieiit of the iliidieial Committee of tho Privy Council in the well- 
known case, "St. Cathiriiifx' Milling and Liimhfr CiD'iimny v. Th<' Queen." Tlic 
jud^'iiiont in that case (App>eal Cases, Vol. XIV.. pp. 40-01) was delivered by Lord 
Watson. accordiiiR to whom the terms of this Proclamation "show that the tenure 
of the Indians was a iiersoniil and usufructuary ri(,'ht, dependent on the Kood will 
of tho Sovoreiun," and " th j Crown has all aloiin had a present proprietary estate 
in tho land upon which the Indian title was a mere burden." The theory on whii'h 
the Hritish colonists in .\merica acted is lucidly stated in a formal opinion Kiven 
jointly by several colonial authorities, and printed in tho " DocumentB relating to 



PROCLAMATION UNDER THE TREATY OF PARIS. 



7B 



thp Coloiiinl HiKtory of tlic State of Now York," Vol. XIII., p. 4Hfi: '• Tho' it )iatli 
hci'ii mill Ktill iR ttiu usual practice of all PropriotorH to kivc tlieir IndiaiiH Rome 
rc(.'i>iii)i(>ii(Mt for their land, and seem to i)iircliaBe it of them, yet that in not done 
for want of siiffioient title from tlieKinK or Prince who hath the riKJit of discovery 
but out of prudence and Christian charity, least otherwise the Indians niif{ht have 
cli'ctroyed thi! first planters (who ar(' usually too few to defend themselves) or 
rcfiisi- all commerce and conversation with the planters, and thereby all hopes of 
i-onvt'i'tin^ tliem to tlie Christian faith would he lost." The judpuent of tho Privy 
Council ahove cited was Ktvon on an appeal from the judKUirnt of theKupremeCourt 
of ('Hnn<la in the same case (Supreme* Coutr Uoports, Vol. XIII., p. .ITT), dismisRiDt< 
an appeal from the Ontario Court of Appeal (Appeal Ueports, Vol. XIII., pp. Uk- 
17:< and tho judKUient of tho latter Court dismissed the appeal from the original 
judgment of ('hamrellor Hoyd. who held that, '■ the claim of the Indians hy virtue 
(if tlicir orlninal (<ccupation is not such as to jjive any title to the land itself, hut 
o'lly serves to commend them to the consideration and liberality of the (iovern- 
ini'iit upon their displacement," and that "tho surremh^r to the Crown by the 
Inilians of any territory adds nothing' in law to the str(>nj,'th of the title paru- 
iiiouiit," lOntai'io Ueports, Vol. X., p. i2:(li. The various judu'inents in the Canadian 
Courts contain very full discussions of tlie whole ipiestion iti its historical aspects. 

II Settlements or plantations, of whifli the territory liad been granted to indi- 
viduals or comiianics l)y Koyal chartfrs, 



74 



COMMISSION OF OOVKKNOU MlltltAY. 



COMMISSION' OF (lOVKRXOK MUHKAV, 170:5. 

George the Third, by the Graco of God, of Great Ih'itain, France, and 
Ireland, King, Defender of tlie Faitli, and ho forth, to our trunty and 
well-beloved James Mukuay,'- KHquire, Greeting : 

We, reporting especial trust and confidence in the prudence, courage. 
and loyalty of yon. the said .lames Murray, of our es|)ecial grace, certain 
knowledge, and mere motion, have thought fit to constitute and appoint, 
and by these premises do constitute and appoint yon, the said JameM 
Murray, to be our Captain (Jeneral and (Jovernor in Ghief in and over 
niir province of Quebec" in America; boundi^d on tli'' liahradoi' Coast by 
the river St. John; and from thence by a line drasvn from tlm head of 
tliat river through the lake St. John to the south eiul of the lake 
Nipissim. from whence the said line crossing tlie river St. La' ence and 
tlie lake Champlain, in forty-five degrees of nortiiern latitude, passes 
along the high lands wliicli divide tlie rivers that empty themselves into 
the said river St. liawrencc from tiiose which fall into the sea ; and also 
along the north coast of the Haye des (.'haleurs and the coast of tlie gulf 
of St. Lawrence to (Jape Hosieres: and from thence crossing the mouth 
of the river St. Lawrence by the west end of the island of Autieosti, 
terminates at the aforesaid river St. John ; together with all the rights, 
members, and appurtenances whatsoever thereunto belonging. 

;Vutl we do hereby re<piiri' aiul eomnuuid you to do and execute all 
tilings in duo manner that shall belong to your said command and tlie 
trust we have reposed in you, according to the several powers and direc 
tions granted or appointed you by this present commission and the 
instructions and authorities herewith given unto you. or by such other 
[lowers, instructions, mid authorities as sliall at any time hereafter be 
granted or apiioiiited under our signet and sign manual, or by our order 
in our privy Council, and according to such reasonable laws ami statutes 
as sliall hereafter be made and agreed upon by you with the advice and 
consent of the council and assembly of our said province under your 
goveninient, in such miuiiier and form as is lu'i-ciii after expressed. 



.-Vnd we do hereby give ami grant unto you, the said James ^lurray. 
full power and autliority, witii tlie advice and consent of our said council 
to be appointed as aforesaid, so soon as the situation and circumstances 
of our said province under your government will admit thereof, and when 
and as often as need slmll re(piire, to summon and call general assemblies* 



COMMISSION OF OOVKUNOIt MlllUAY 



76 



of the freelii)l(lirs nii<l plantors witliin your fjoviTiinu'iit, in siicli inaniier 
lis you in your (tiscretiou shall judf^o iiiohI proper; or aecordiuj,' to hucIi 
further powers, instructions and autliorities as shall he at any time here- 
after j,Manted or appointed you under our si>;net or si<^n manual or by our 
order in our i)rivy Council. 

And our will and pleasure is that the persons thereupon duly elected by 
till' major part of the freeholders of the respective panshi's or precincts, 
•tiid so returned, Bhall, before their sittin;,', take the oaths mentioned in 
tli<' said act, intituted " An Act for the further security of his Jlajesty's 
|n.!soii and government, and the succession of the Crown in the heirs of 
till' late Princess Sophia, bein^^ I'rotestantH, and for extint^uishinj,' the 
Impes of the pretended Prince of Wales, and his open and secret abettors ;'" 
;is iilsu nuike and subscribe the fore-mentioned declaration ; which oaths 
uikI ileilaration you shall commissionate fit persons under the public 
seal of that our province to tender and administer unto them; and, until 
llic same shall be so taken and subscribed, no peisun shall be capable of 
sitting', thouj^'i) elected. 

.Vud we do hereby declare that the j)ersons so elected and ijualilied 
slmll be called " The .^ssembly of that our Province of Quebic"; and that 
you, the said James Murray, by and with the advice and consent of our 
said Council and Assend)ly. or the nid'vr part of them, shall have fidl 
powiT and authority to nnikc, constitr'e and ordain laws, statutes, and 
ordinances for the public peace, welfare, and j^ond j^overnment of our 
sail! [irovince, and of the people and inh;il)itants thcieof. and such others 
its shall resort thereunto, and for tlie benefit of us. our heirs, and succes- 
sors: wliich said laws, statutes, and ordinances are not to be repuf^nant. 
but as near as may be a^ieeable to the laws and statutes of this our kinj,'- 
(loin of (ireat Uritain. 

And we do l)y th(!se presents yive and },'ranl unto you, the said James 
Murray, full power and autliority, witli the advice and consent of our 
said Coinicil, to erect, constitute, and establish such and so maiiv courts 
of judicature and public justice"' within oin* said piov ince under V'Uirj^ov 
( rmntiit as ynn ittid they shall think fit ami urcessiiry, for the licarinii 
ami ditirniinin^^ of all causfs. as well criminal as .-ivil. aci'orilin;^ to law 
and i'c|uity. ami for awardiii',' execution theriuiuMi, with all reasonable 
ami hecess.iry iiowers, authorities, ffcs. and privile^'es hi'lr.nyinj' thereto. 



And wc do hereby ^;rant unto you full power auil authority to cousti- 
lutc and appoint judt,'es. and, in erases I'l'iiuisite. commissioners of oyer 
ami terminer, justices of the (leac'e, and other necessaroy tficers and 
ministers''' in our said province for the better administration of justice 
loiil puttin;i the laws in execution; and ;to administer, or cause to be 



76 



COMMISSION OF GOVERNOR MURRAY. 



lulmiuistcred, niito them hucIi oath or oaths as are usually (liven for the 
due execution and pi;rformancc of ofticeH and places, and for clearin^j tlio 
truth in judicial cauHeH. 

And we do hereby ^ive and grant unto 'you full power and authority 
when you shall see cause, or shall jud-^'c any offender or offenders in 
criminal matters, or for any fines or forfeitures due unto us, fit objects of 
our mercy, to pardon all such offenders and remit all such offences, fines 
and forfeitures, treason and wilful murder only excepted; in whicli 
cases you shall likewise have power upon extraordinary occasions to 
•^rant reprieves to the offenders until, and to the intent that, our royal 
pleasure may be known therein. 

And we do by thc^sc [)risents ;,'ive and j,'rant unto you full power ami 
authority to collate" any person or persons to any churches, chapels, or 
otlier ecclesiastical benefices within our said province, as often as any of 
them sliall happen to be void. 



And we do hereby I'ccpiirc and coinm;uid all ollicers and ministers, 
civil and military, ami all other inhabitants of oiu' said jjrovince, to be 
obedient, aidini^ and assisting,' unto yon. the said James Murray, in the 
e.\eculion of tliis our commission and of the powers vnd authorities 
therein contained ; and in case (jf your death or absence from our said 
province and f^overnnient, to be obedient, aidinjj and assisting to tlic 
commander in chief for the time being ; to whom we do tlierefore by 
these presents give and grant all ami singular the powers and authorities 
herein granted, to be by him executed and enjoyed during our pleasure, 
or until your arrival within our said province. 

And in case of your death or absence from onr said province our will 
and pleasure is that our lieutenant governour of Montreal or Trois 
Itivieres, according to the priority of their commissions of lieu- 
tenant governours, do execute our said commission with all 
the powers and authorities therein mentioned as aforesaid. 
.\nd in case of tlm death or a))sence of our lieutenant governours 
of Montreal and Trois Rivieres from our said province, and that there 
shall be no person within our said province appomted by us to be lieu- 
tenant governour or comtnandtjr in cliief of our said jirovince, our will 
and pleasure is that the eldest councillor, who shall be at the time of 
your ileatli or absence residing within our said province, shall takt; upon 
him the administration of the government, and execute our said commis- 
sion and instrn(!tions, and the several powers and authorities therein 
contained, in the same manner to all intents and purposes as other our 
governour or comnuvnder in chief should or ought to do, in case of your 
absence, or until your return, or in all cases until our further pleasure be 
known. 



COMMISSION OF GOVERNOR MURRAY. 



77 



And we do hereby declare, ordain, and appoint that you, t)ie said Janiow 
Murray, shall and may liold, execute, and enjoy the ofiice and place of 
(iiir Captain General and Governour in Chief in and over our said Pro- 
vince of Quebec and all the territories depeiidintj thereon, with all and 
sinitular the powers and authorities hereby (granted unto you, for and 
(Inriiit^our will and pleasure. In witness whereof we have caused these^ 
(iiir letters to be made patent. 

Witness ourself at Westminster, the twenty-first day of November, in 
the fourth year of our rci-jn. 

By writ of Privy Seal. 

(Signed) YORKE ct YOIIKE.* 



NOTES TO GOVEUNOU MURRAY'S COMMISSION. 



I Tlio text of this Coiiiniissioii is ri^priiitod from ''A Collection of Scvi-ral Coni- 
nii>>ioiisan(l()tlU!rrul)lic Instruments," by Francis MasRros, wlio bccamo.Vttornoy- 
(Iciii'rnl of tlio I'rovin'.'e of (^neboc in ITtKi. Tlic "(JDlloction " was |i;ili1isliud in 
biJiiilon in 177U. 'I'lio omittod passaties deal witli tlio oaths to l)o taken by the 
(iovernor and to bo administcreil by him to other ollieials, tho custody of the imb- 
1'" sj'al, tho disallowance of statutes and ordinanct-s, tho Governor's veto, the 
riiisiiiL; of armed forces and erection of fortiti(!atioiis, the pmiishment of olTences 
(■(iiiiinittcil by marines, the appropriation of public moneys, the nniiniKoment of 
till' public lands, and tho establishment of markets and harbors. They are 
iiiutatU inutandU, practically identical with the passages that dual with the same 
Mil)jfcts in tho Connnission of (iovernor Cornwallis. 

- (all. Murray took part in tho seine of (^uoIm'c in 17.j'.), and was comnumdant of 
tlmt city after its capture. In the summer of 17(50 ho ascended tho St. Lawrence 
with an army to meet (Icn. Amherst at Montreal. Ho was one of the liritish 
(ii'iierals who administered tho coimtry by military rule until this commission 
Wii'; issued to him as tho llrst civil (loviTnor after the capitulation. The other 
j;< Morals were 'laldimand, wiio conimauded at Thrt.'O Kivers, and (lat^e who coui- 
iriiuulfd at Montreal. Murray retired from Canada in 1707. 

See tho Hoyal I'roclamation, I'H'ii. 

* No assembly was ever called togetlier under this commission, as had been dom^ 
friiiii 17.5S under tho similar commissions to tlio Governors of Nova Kcotia. Then? 
is reason to believe that in declining to act on tlii^ authority contained in his 
iniiiiiiission.Gov. .Murray followed the advice Riven l)y Cliief Justice Hey,.Vttorney- 
(itiii'val Maseres, and Lieutenant-Govcriuir Carleton. 

'I'lie assumption was that KiiKlish law, both civil and criminal, had Ijeen 
iiitiddiiced by tho lloyal Proclamatinn of 17()U. For illustrations of tho state of 
fiiiifiision wliich ensued in tho administration of Justice seo Smith's "History of 
(aimda .rom its First Discovery to the year 17U1,'' and especially the report, there 




78 



NOTKS TO OOVEUNOU MUUUAY 8 COMMISSION. 



uiveii ill full, of Crown Law Ollicurs Yorko ami DoCiroy to tlio Lords of Trade ami 
I'laiitatioiis on citrtaiii iiiuiiiorials and potitioiisHcnt from botli nritisliand Freiirli 
reBidoiits in Quolioc, Kee also Attornoy-dciieral MasuruK' "Draught" of a I'i'port 
ill ITIi'J on tlio same Knhjcct in the collectioii mcutioned in Note 1 above. TliU 
draft was not acco|)taljl(! to (lovornor Carloton, who favored the revival of "tlie 
wiiok" body of the Kreiu'h laws that were in use there before the coiKjiuist witli 
resjioct to eivil matters." This poliey of (tovernor Carleton'H, in spite of tho 
4j|>I)osition of Maseres and of Chief Justice Hey, was afcerwards embodied in the 
Quebec Act. 

« The first judt,'e appointed under this commission was Chief Justice (iregory, 
who was recalled on the representatimi of (lov- Murray (Smith's "History"). He 
was succeeded by tMiief Justice Hey, whose eommifHion was issued by Gov. Caril- 
lon in ITtiti and isniven in full by Maseres in his "Colle<rtion." as is also that issueil 
ill the same year to Maseres himself as Attorney-Cioiieral. 

7 In 17(iH (ieor^'e III. issued a mandate requiring the Governor to appoint three 
<niurcli of Kngland Clergymen as Hectors of thi; parish churches of Quebee. 
Montreal, and Three Hivers respectively. Maseres gives in his "Collection" the 
tlraft of a commisHion that was intended to be issued to the Hev. David Francis 
de Montmollin as Hector of the church of Quebec, adding that instead of com- 
missions as Uectors, licenses to preach were afterwards substituted, on account "f 
" the iieculiar and delicate situation of the Province with respect to religion." 

»■ See Note IH to "Uepresentative Assemblies in the Maritime rrovin<:es.' 



LORD MANSFIELD S .TTDGMKNT. 



79 



V. I.OIU) MANSKIKLD'S .Il'IUlMKNT' IN rAMPBKLI. v. 

HAM,. 1774. 



Tin ciisf of tlie Isliiud of Clroiiadii ; in reliitiou to the payineiit of four 
ftiui iiiie-htvlf in the liundrcd of ^^oods iniporti'd tlicrofroni ; between 
Alexander- Campbell, Escj, Pliiintit'f, and \Vm. Hall, Kh(]., Defendant, 
111 tlic Court of Kin^'s-Bench, before Lonl Cliief-JuHtice Mansfield: l'» 
(kmiil'c III.. .\. 1). 1771. 

I'lic uiuminioiis in<lt4nient of tlie Court was this day j^iven by Lord 
Miiiistic'ld. HS follows : 

This is an action brouf^bt by tlic plaintiff, .Vlexandei' Cainpliell. who is 
•I niiiurul-born subJLct of (ircat Britain, and who, upon the tiiird of 
May.' 17(>;>, iiurchasfd lands in the island of (iiiiiada : and it is brou;;ht 
iti^iiiiist till' defendant, William Hall, "vho was collector for His Majesty 
.'it the time of levying the import of a duty of four anil a half per cent. 
11)11111 u'oi'ds exported from the island of (irenada. The action is to re- 
cDVt r a sum of money, which was levied by the defendant and paid by 
the plaintiff, as this duty of fom- and a half per cent, upon sugars, whicli 
were exported from the island of Grenada, from the estate and by the 
consignment of the i>laintii"f. 

The action is an action for money iuvd and received ; and it is brou^^ht 
iilKiM tins j'round, mimely, that the money was paid to the defendant 
without consideration, the duty for which ho received it not havinj{ been 
imposed by lawful or sufHcient authority to warrant tlie same. 

.Viid It is stated in the special verdict"' that the money is not paid over, 
liiit (dutinues in the defendant's hands, by consent of the Attorney-Cen- 
tral, for His Majesty, in order that the question may lie tried. 

'riie special verdict states Crenada to have been con([Uered by the 
IJritisli arms from the French Kin^ in 17()2; that the island was ceded 
by capitulation ; and that the capitulation upon which it surrendered 
was by reference to the capitulation upon wliich the island of Martinico 
had been suriendered on the 7th of February, 17()2. 

'I'lio special verdict then states some articles of that capitulation, 
particularly the fifth, which f^rants that Martinico should continue to be 
tioverned by its own laws till His Majesty's pleasure be known. It next 
states the sixth article, where, to a demand of the iidiabitants of (iren- 
ada reipiiriiiL,' that thev. as also the relit,'ious orders of both sexes, should 



HO 



LORD MANSFIELD S JUDGMENT. 



be miiiiitaiiiod in tin- projjorty of tlicir offuctH, inoveiible iiiul iiiiinovoaliK'. 
of whiit niiturc Koevor, luul tlmt they hIiouUI be presiTved in tlieir 
privik'ji(!H. ri^ibts, bonoiirH, and exemptions, the iinHwer is tluit the in 
habitiinlH, bein;^ snbjcctH of Clreivt liritain, will enjoy their prnperties 
und the Hanie privileges as in the other His Majesty's Leeward Islands." 

Then it states another article of the capitulation, nar 3ly, the 7tii 
jirticle, by which they demand that they shall pay no other duties than 
what they before paid to the French Kin^ ; that the capitation tax shsill 
be the same, and tiiat the expenses of the courts of justice, and of tin- 
ndministration of t^ovc>rnment should Ixt paid out of the Kind's deniesne: 
in answor to whicdi they are referred to the answer I liavc stated, as 
i^iven in the fore;^oin)4 article ; that is, beinji subjects tiiey will be » ni.iticii 
ill like nuvnner as the other His Majesty's subjects in the British l.w 
ward Islands. 

Tlic next thinj,' stated in the special verdict is the treaty of peace 
signed on the 10th of I'Y>bruary, I7(>H ; and it states that part of the treaty 
of peace by wliich the island of (Irenada is ceded, and other articles not 
material. 

Tlie next and material instrument which they state is a prochnnation 
under the (Jreat Seal, bcarinj^ date the 7tli of October, ITti-'i, rwitiiiu 
thus :■ 

" Whereas it will t,'reatly contribute to the settlinj^ of our suid ishm.U 
"of wiiicli (Ircinida isone, lliat they be informed of our love and piitciiuil 
" (;are for the liberties and ri^iiitsof those wlio are, or shall be inhabitants 
" tliereof ; we have tiii'uniit lit to publish and di'clare by this our [irocliv 
" mation, that we liuve l)y our letters patent under our (Ireat Heal m 
" (ireat Hrilain, wiurehy our said (iovernments are constituti'd, <<i\v\i 
'• exi)ress power and direction to f)ur ;;overnors (jf our said colonies re 
*' spectively, that so soon as the state and circumstances of the said 
'■ colonies will admit tliereof, they shall, with the advice and consent of 
"our said council, call and sunnnon {general assemblies,'* in such nnuuier 
" and form as is used in the other colonies under our immediate j.;<)vern 
" ment. And we have also t^iven power to the said governors, with th( 
" advici' and (;onsent of our said council and assembly of representatives 
" as aforesaid, to nnike, constitute, and ordain laws, statutes, and ordiii 
" ances for the public peace, welfare and good government of our said 
" colonics and the inhabitants thereof, as near as may be agreeable to the 
" laws of I^nglaiid, and under such regulations and restrictions as arc 
" used in our other colonies. ' 

Then follow letters patent under the Great Seal, or rather a proclaniu 
tion of the 'Jlith of March, 17()4, whereby the King recites, that he luui 
ordered a survey and division of the ceded islands, as an invitation to all 
purchasers to come and purchase upon certain terms and conditions 
specified in that proclamation. 



LORD MANSFIRLI) S JUDOMKNT. 



.SI 



Till' iHXt iiistniment stutt-d iii tlu' vonlict is tlic letters piiteiit bertiin^ 

• I ite llie '.Itli of April. 17<>4. In these Utters there is ii com mission' uppomt 
\]\ll (ieiieriil Melville Ciovernor of the island of (ireimdii. witli power to sum 
iiii>M tin iissemhlv iis soon iis tiie sitiiiition iind eireiinisiiinces of the isliiml 
wiiiiid mlniit ; iind to make laws in all the usual forms with reference to 
ilic manner of the other asHemblies of th«' Kin^^'s Trovinces in America. 

'riie(io\ernor arrived in (Jrenada tin tlie 14th of J)ecemlier, IT'il; before 
tlieeml of 17ti"». the particular day not stated, an assembly actually met . 
Itiit licfore the arrival of the (lovernor at (irenada. indeed. i)efore hi^ 
(ii |i;iituri' from London, there is another instrument upon the valiilityof 
wliifh tlie whole ijuestion turns, which instnnnent contains lettii 
patent under the (Jreat Seal, bearing; date the 'JOth of July, 17<)l, and 
III itin^i that in Harbadocs, and in all tin- IJritisli Leewanl islands, a 
duty of four ami a half i)er cent, was paid upon j,'oods exjiorted ; und 
K citing further : 

• Wlienas it is reasonable and expedient, and of importance to our 
•other su^jar islands, th.it u. like duties should take place in our said 
•• island of (Irenada ; we have thou^^ht lit. and our royal will aiul pkasun 
"is. anil we do heit.by, by virtue of our preroj^alive Koyal, order, dirtit. 

• and appoint that an import or custom of four and a lialf per cent, in 
•• s|inie. shall, from and after the 'JKth day of Sej)tend)er next ensuinj^ 
'the date of these presents be raised and paid ti us, our lieirs and sue- 
•• censors, for and upon all ilead coinmoditieH of the fjrowth or pnjduce of 
•iiur said islan<l of Greiuida tiuit shall \h' sliip[)ed otf from the same, in 

• 111 11 of all customs ami impost'" duties hitherto collected upon j^oods 
" iniporled and exported into and out of the said island, under the 
"authority of bis Most Christian Majesty, and tliat the same sluill he 
•• cdlUvted. iVc"; then it ;,'oes on with reference to the island of IJarbadoes, 
ami the other Leeward islands. 

The jury find that in fact such duty of four and a half per (U'Ut. is paid 
to his Majesty in all the Hritish Ijecward isliimls. And tlu> Iind si\eral 
Ads (if .\ssembly which are relative to the sew al islands, and which I 
^iiall not state, as they are public, and every i^entleimin may have access 
U> them. 

These letters patent of the 'iOtli of July, 17<il, with what 1 stated in tlic 

• 'pcniii;,'. are all that is nniterial in this special verdict. 

\'[nH[ the whole of the case this ^jeneral (|Uestion arises. beiuL; tii'' sub- 
-tiiiice of what is submitted to the Court by the verdict : " Whetlii r tliesi' 
li tiers patent of the 20tb of July, 17t)L are ^'ood and valid to abro^'ate 
tile Flench dutiea, and in lieu thereof to impose this duty of four 
nail a half per cent., which is paid by all the Leeward islamls subject 
to ills Majesty." 

i'hai the letters are void has been contended at the bar, upon two 
li'iiiits: (1) That althouj^h they had been made before the Proclamation 



82 



LORD MANSFIELD S JUDGMENT. 



of till! 7tli of October. lH't'.i, tliu Kiii^' by liis prerof^iitive cou'd not Imve 
inipost!(l thuiii ; aixl (2) tliat, althoiij^b tlic Kiiifj liad Hiifllu'ieiit authority 
before tlie 7tli of October, 17<>3, he luul divcHted himself of that autliority 
by tlie i'roclaination of that date. 

A f;rcat deal has l)yeii said, and aithorities liave been cited' re hvtive to 
propositions in which both sides exactly a^^rec. or which are too clear to 
be denied. 'I'he statint; of these will lead ns to the solution of the first 
point. 

1 will stale the propusitioiis at lai'^e : 

1 A country coiKpiered by liie IJritish arms becomes a dominion of 
the Kiiif^ in tiie i'i}.;ht of his ci'own, and therefore necessarily subject to 
the l(!nislative power of the Parliament of (Ireat IJritain. 

2. 'I'hc concpiercd inhabitants once received into the conqueror's pro- 
tection becomes siibji'cts ; and lire imivt'rsall\ to \)f considereil in that 
li},'lit, not as ciifmies or aliens. 

;{. .\rticies of cai)itnlatii>M, upon which the country is surrendered, and 
treaties of peace by which it is cede<l, are sacretl and inviolate, accordinj^ 
(() their true intent and inraniii;,'. 

(. The law and lii;islati(in of r\cry doniiiiion e(pially afifects all persons 
an<l property within the limits thereof, and is the trui' rule for tiie deci- 
sion of ill! (pustions v.liicli lu-jse there. Whoevei- purchases, sues, or 
lives there, puts himself under the laws of tiu' jjlace, and in the 
situation of its inhabit.ints An Mni^lishmiin in Ireland, Minorca, the 
fsle of Man, or the I'lantatious. has no privilei,'e distinct from the natives 
while he eontiimes th(>re. 

."). 'I'he laws of a concpirri'd country contiime in force initil they arc 
altered by the con(]ueroi'. The justice ami antiquity of this maxim are 
incontrovertible; and the absurd exception iis to i)a;,'ans mentioned in 
t^alvin's case,' ' siiows the universality and anticpiity of the nuixim. That 
exce))tion could not exist before the (Christian era, and in all probability 
arose from the mad eiithuHiasm of the Crusades. In the present case 
the capitidation expressly provides and at^rees that they shall continue to 
be t^overneil i)y their own laws, until his IMajesty's pleasure be further 
known. 

t». If the Kiuf* has povvei (and, when I say " the Kinj,'," 1 mean in this 
case " the Kinj^ without the concurrence of Parliament ") to alter the old 
and to nnvke new laws for a conquered country — this beinj.; a power sub- 
ordinate to his own authority as a i)art of the supreme legislature and 
parliament — he can nuike none which are contrary to fundamental 
principles; he camiot exempt an inhabitant from the laws of trade, or 
the authority of Parliament, or f^ivo him privilej^es exclusive of his other 
subjects ; and so in many other instances that miglit be put. 



LOUD MANSFIELD S JUDGMENT. 



8» 



Tlie present Proclamation is an Act of this subordinate legislative 
jiowcr. If it had been made before the 7th of October, 17GH, it would 
liavf hiHMi made on the most reasonable and equitable grounds, putting 
the islaiul of Grenada as to duties on the same footing as the other 
islands. 

[fdrenada paid more duties, the injury would have been to her; if 
less, it must have been detrimental to the other islands ; nay, it would 
have ix'cn carrying the capitulation into execution, which gave the people 
of (IrL'iiada hopes that if any new duties were laid on, their condition 
wiHild 1)L' the same as that of the other Leeward islands. 

'I'lic only (piostion which remains on this first point then is, whether 
tlic King of himself had power to make such achange between the 10th of 
I'thniary, 17<)H, the day the treaty was signed, and the 7th of October, '- 
ITilH. 

'i'aking tlu^ above propositiotis to be granted, he has a legislative power 
over a •.oiHiuered country, limited to him by the constitution, and 
subordinate to the constitution and parliament. It is left by the 
constitution to the King's authority to grant or refuse a cajjitula- 
tioii. If he refuses, and i)uts the inhabitants to the sword, or 
exterminates them, all the lands belong to him ; and if ho plants. 
a colony, the new settlers share the land between them, subject to the 
prerogative of the conqueror. If he receives the inhabitants under his pro- 
tection and grants them their property, he has power to fix such terms . 
and conilitions as he thinks proper. He is entrusted with making 
peiiceat his discretion ; and he may retain the conquest, or yield it up, on 
siK'li conditif)n as he pleases, 'i'liese powers no man ever disputed, 
iieitlier has it hitherto been controverted that the King might change 
part or the whole of the law or political form of government of a con- 
ijuered nation. 

To go into the history of concjuests made by the crown of England. 

The alteration of the laws of Ireland has been much discussed by 
lawyers and writers of great fame at different periods of time ; but no 
man ever said the change was made by tli>^ parliament of England ; no 
man, uidess perhaps Mr. Molyneux,'" ever said the King could not do it. 
Tlie fact, in truth, after all the researches that have been made, comes 
out clearly to be as laid down by Lord Chief Justice Vaughan, that 
Ireland received the laws of England by the charters and commands of 
Henry II., King John, Ilemy III., and he adds an rt vfti'i-u to take in 
Edward I., ar.d the successors of the princes named. That the charter 
of \'2 King John was by assent of a parliament of Ireland, he shows 
clearly to be a mistake. Whenever the first parliament was called in 
Ireland, that change in their constitution was without an act of the par- 
liament of England, and therefore must havr> b^^en derived from the 
King. 

H.O.C.— G 



84 



LORD MANSFIELD S JUDGMENT. 



Mr. Barrint^'ton is well vviirrantcd in sayin^j that the 12tli of Edward I., 
calltjd the " iStatuto of Wales," is certainly no more than a rei^ulatioii 
made by the King as con(iueror, for the j^overnnient of the country, 
which, tlie prednible says, was then totally subdued; and, however fur 
purposes of policy hi; niiiiht think lU to chiini it as a lief ajipertainiu^' to 
tlie realm of J-hi-^land, he could never think himself entitled to make 
laws without assent of parliament to bind the subjects of any part of 
tlie I'calm. Therefore as he did nuike laws for Wales without assent of 
parliament, the clear conseipieiice' ' is that ho ),'ove'i'ned it as a conquest: 
which was his title in fact, and tin; feudal right was but a lietion. 

Berwick, after tlie conquest of it, was governetl by charters from the 
crown, till the reign of .lames I., without intiaposition of parliament. 

Whateser changes were made in the laws iif Gascony, Guyenne, and 
Calais must have l)een under tlie King's authority ; if Ijv act of parlia- 
ment, that act woiUd be extant, for they were con(juert:d in the reign of 
King Eilward 111. ; and all the acts from that reign to the present time 
are extant ; and in some acts of [.arliament there are commercial regula- 
tions relative tc each of the conquests wliicli I have named ; none mak- 
ing any change in th(;ir constitution and laws, and particularly with 
regard to Calais, which is alluded to as if its laws were considered as given 
bv the (Jrown. Yet as to Calais, there was a great change made in the 
ci'Ustitutiun ; for the inhabitants were summoned by writ to send 
burgesses to the J'higlish parlianunt : and, as this was not by act of 
... li.uneul, it must have been by the sole act df the King. 

Besides the garrison there are inhabitants, property, aird trade at 
Gibraltar ; the Jving, ever since that conquest, has from time to time 
made orders and r( gulations suitable to the cundilion of those who live, 
trade, or enjoy property in a garrison town. 

j\lr. Allorney-Geiieral''' has nllndeil +0 a variety of instances, several 
within these twenty ,, ears, in v.liicl'. the King has exercisetl legislation 
over Minorca. Iii Minorca, it has appeared lately, there are and have 
been for years back a great nuin\ inhabitants of worth and a great trade 
carrieil on. If the King does it there as coming in the place of the King 
of Spain, because their old '•onsiiiution ennliiiues (which by the by is 
anoliier proof that the constitution of Jhi.Liland does not necessarily fol- 
low a cou(]Uest by the King of Jungland) the same argmnent applies here; 
for before the 7th of October, 17ti3, the constitution of Grenada continued, 
and the King stood in the place of their former sovereign. 

After the coU(juest of New York, in which most of the old Dutch 
ndiabilants remained. King Charles 11. changed its constitution and 
political form of government, and granted it to the Duke of Yin'k, to hold 
'.<• Mu his crown under all the regulations contained in the letters patent. 

It is not to be wontlereil that an adjudged case in point is not to be 
found ; no dispute over was started before upon the King's legislative 



LOKD MANSFIKLD S JUDGMENT. 



ft 5 



'W- 



riclit over a conquest ; it never was denied in a court of law or equity in 
Wo^tniinster-hall, never was questioned in parliament. I^ord Coke's 
icpiirt of the ari^'uments and resolutions of the ,judf,'es in Calvin's case 
l,\ys it down as clear (and that stran^'c extra judicial opinion, as to acon- 
(inest from a pau;an country, will not nuike reason not to l)e riMison. and 
law not to be law as to the rest). The hook says, tliat " if a K[\\<i "— 1 
..mil tlic distinction between a Christian and an inliilel kingdom, which 
lis to this ])urpose is wliolly ^'ronndless, and most deservedly e.xplodi'd — 
•• If a Kin^; comes to a kin},'dom by conquest, he may, at bis pleasure, 
alter ami chanf^e the laws of that kinf,'dom ; but. until he doth make an 
ai'cration of those laws the ancient laws of that kiuj^dom remain ; bui; :'" 
I ]\ir.,i.' hatli a kinj^'dom by title of descent, then, sccinf; that by the laws 
. f that kinS'l"m ''e doth iniierit the kin;^dom, he cannot chan_i;o those 
laws of himself witliout consent of parliament." It is plain that he 
speaks of his own countrj' where there is a parliament. Also, " if a Kin^ 
liatli a kinitdom by conquest, as Kinj,' Henry the Second liail Ireland, 
i.fter Kin;,' John had ;.'iven to them, being under his obedience and 
suhjection, the laws of Jli'glund for tlie government of that country, no 
-ucceeding Ivingcoidd altei' the same withont jitirlianunt." W'hieli is very 
iu^t. and it necessarily includes tliat Kin,:^ John himself could not alter 
;iie ;,'rant of the laws of England. 

Besides fliis, the autliority of two gi'cat names has been cited, wlic took 
tlie proposition for granted. And tlunigli opinions of ';ounscl, whether 
actingofticially in a public charge or in pi ivate, are not properly autliority 
.111 wliicli to found a decision, yet I cite them ;— not toestablisii socUt.)- : 
|"iiiit, l)ut to shew tliat wlieii it has been matter of legal eni|iiii'\-. the 
.inswer it lias received, by geiitkiiien of eminent characti-r and abilities 
ill tile ]ii'nfession, has bei'n immediate and without hesitation, and con- 
I'lniialile to these principles. In 17'-'-, the assembly of Jamaica refusing 
tlie usual supplies, it was referred to Hir Philij) Yorke, and Sii ('lenient 
Wearg,'" what was to be done if they should jiersist in this iefu>al. 
TIh ir answer is — " If .bimaica was still to be considered as a coiujuered 
idaiiil, the King had a right to levy taxes uimii the inhabitants; but, if 
It was to be considered in the same light as the other colonies, no tax 
could be imposed upon the inhabitants, but by an assembly of the island, 
IT by an act of parliament." The distinctitm in law between a conquered 
eouiitry and a colony they held to be cdear and indisputable; whether, as 
to the case before them of Janniica, that island remained a conquest or 
was made a colony, they had nut examined. 1 have, ujioii formei' occa- 
sions, traced the constitution of Jannii.:a as far as there are books or 
IMjicrs in the offices ; I cannot t'md that any Spaniard remained upon the 
island so late as the Restoration; if any, they were very few. A gentiu- 
uiau to whom I put the question on one of the arguments in this cause, 
•said he knew of no Spanish names' " among the wiiitc inhabitants of 




V' 




80 



LORD MANSFIELD 8 JUDGMKNT. 



Jamaica ; but there were amonj^st the ne^'roes. The Kiiit;, I mean 
Cliiirlos tlie Second, after the Restoration invited settlers by prociania- 
tion, promising,' tlietn liis protection. He made tjrants of lantl. He 
appointed at first ». jiovernor and council only; afterwards he {^ranted a 
commissioi\ to the {governor to call an assembly. The constitution of 
every province immediately under the King has arisen in the same 
manner ; not by the tyrants, but by commissions, to call assemblies. And 
therefore, all the Spaniards havinf^ left the island, or haviiif,' been killed 
or driven out of it, Jamaica from the lirst settlinj^ was an Enj^lish colony, 
who under the authority of the Kinj^ jdanted a vacant island, belonf,'inf,'to 
him in right of his crown ; like the cases of the islands of St. Helena luid 
St. John, mentioned by Mr. Attorney-General. 

A maxim of constitutional law, as declared by all the judges in (';il\in's 
case, and which two such men in modern times as Sir I'liilip Yorke ami 
Sir Clement Wearg took for granted, will acquire some authority, eviii 
if there were anything whi(;h otiierwise ;niade it doubtful ; but on the 
contrary no book, no saying of a judge, no. not even an opinion of any 
counsel, i)ublic or private, has been cited ; no instance is to be found m any 
period of our history where it was ever (juestioned. 

The counsel for the plaintiff undoubtedly labored tiiis point from a 
dillidence of what might be our opinion on tlie second (pustion. But 
upon the second point, after full consideration, we''* are of opinion that 
before the letters patent of the '2(Jth of July, IIM. the King had precluded 
himself from an exercise of the legislative authority which he had before 
by virtue of his prerogative over the island of Grenada. 

The lirst and material instrument is the i)i-oclauuition of tiie 7th of 
Octobir, 17<'):5. See what il is that the King there says, and with what 
view he says it ; how and to what he engages himself and pledges his 
word : " \V hereas it will greatly contribute to the speedy settling our said 
new governments, that our loving subjects should be informed of our 
paternal care for the security of tlie liberty ami properties of those who 
are, and shall become, inhabitants thereof ; we have thought tit to pub- 
lish and declare by this our proclamation, that we have in the letters 
patent under our (ireat Seal of tireat liritain, by which the saitl govern- 
ments are constituted, given express power and direction to our governors 
of our said colonies respectively, tha^, so soon as the state and circum- 
stances of the said colonies will admit thereof, they shall, with the 
advice and consent of the members of our council, summon and call 
general assemblies" (and then follow the directioua for tliat purpose.) 
And to what end ? " To nuike, constitute, and ordain laws, statutes, and 
ordinances for the public peace, welfare, and good government of our 
said colonies," of which this of Grenada is one, "and of the i)eople and 
inhabitants thereof, as near as nniy be agreeable to the laws of 



LORD MANSFIELD 8 JUDGMKNT. 



87 



Kimltiiul."' With what view is tlie promise <^iven ? To invite scttlera ; 
to invite subjects. Wliy ? The reason is j^iven. Tliey may think tlieir 
lil)( rties and properties more secnre wlien they luive a le<,'ishitive assem- 
bly tlian under a f^overnor and council only. The f^overnor and council 
(U])enilin^ on the Kin^, he can recall them at pleasure, and ^'ive a new 
frame to the constitution ; but not so of the other, which has a negative 
oil those ))arts of the le-^'islature which depend on the Kint,'. Therefore 
that assurance is jjiven them for the security of their liberty and pro- 
unities, and witli a view to invite then\ to <^o and settle tliere after this 
inncliiniation that assured thei , uf the constitution under which they 
were to live. 

Tlic next act is of the 'ifJth of March, 17<)4, whicli, the constitution 
liiiviiiii been established by proclamation, invites furtlicr such as sluill 
lie disposed to come and i)urchase, to live under tiu^ constitution. It 
states certain terms and conditions on which the allotments wei-e to be 
taken, established with a view to permanent colonization and tiie in- 
crease and cultivation of the new settlement. For further contirmation 
(if all this, on the Dth of Aiu'il, 17'>4, three nnnitlis before the impost in 
<HU'stion was im[)oseil. tliere is an ac.'tual commission to (lovernor M(d- 
villf, to call an assembly as soon as the state and circumstaiici's of the 
inland should admit. -You will observe in the proclamation there is no 
li.-;;islalure reserved to be e.\ercised by the Kin^', or by tlie >,'overnor and 
CDUucil under his authority, or in any other method or nuvnner, mitil the 
a-isiinl)lv should be called : the promise imports the contrary ; for wliat- 
t'VLi' construction is to be put upon it, iwhich perliajis it may be some- 
what dit'ticult to pursue throuf^li all the cases to whicli it may be applied) 
it a|)parently considers laws then in bein^ in the island, and to be 
administered by courts of justice; not an interposition of lej^islativo 
authority between the time of the promise and of calling the assembly. 
It does not appear from the special verdict when the lirst assembly was 
called ; it nnist have been in about a year at farthest from the governor's 
arrival, for the jury find he arrived -in December, 17<'»4, and that an 
assembly was held about the latter entl of the year 17().'). Kt) tliat tliero 
appears to have been nothin«5 in the state antl circumstances of the 
island to prevent callinj^ an assembly. 

^Ve therefore think that, by the two proclamations and the commission / 
to Governor Melville, the Kin;^ had immediately and irrevocably ;^ranted 
to all who were or should become inhabitants, or who had or should have 
property, in the island of Grenada — in ^'eneral to all whom it mi{»ht con- 
cern—that the subordinate lej^islation over the island should be exercised 
by an assembly, with the consent of the f^overnor and council, in liko 
manner as in the other provinces under the Kinu. 

Therefore, thouj^h the rif,;ht of the Kin^^ to have levied taxes on a con- 
tiuered country, subject to him in rij^ht of his crown, was ^;ood, and the 



88 



LOUD MANSFIELD 8 JUDOMKNT. 



duty feasonal)lc, C'luitiible, and cxpfrlicnt, niid, acc(irdin<4 to tlio fiiulint,' 
of tlie verdict, piiid in JiivrhudouH iind all tho other Leeward islands ; vet" 
by tlie inadvertency of the Kinj^"s servants in the order in which the 
Buveial instrunionts passed the otlice (for the patent of tlie 2( th of .Inly, 
17<)l, for raisin^,' the impost stated, should have been lirst), the order is 
inverted, and the last we tidnk contrary to and a \iolation of tlie first, 
and therefore M)id, How propt r soever the thinj,' may be respecting tl;e 
object of these letters patent of the 2(ith of .Inly, 17ti4, it can only now be 
done, to use the words uf Sir I'hilip ^'oi-ke and Sir Clement Wearj^, •■ Ijy 
the assembly of the island, (u* by an act of the Parliament of Great 
liritaiu."' 

The conseipienco is, jnd;,'ment must bo <;iven for the plaintilY.' ^ 



N()Ti:S T(^ LOlU) .^lAXSITMLDS .IT'DCIMl'AT. 



1 This jit'li,'uiiMit is to bo tonii<l in ("owiicr's " Iteports of Cases iiiljiiilt.'cil in the 
Court nf Kiiii^'s Hciioli;" in Luirt's " Keports." etc.; and in Voh XJi. of Howell's 
"Cuiupleto Collection of State Trials." Cowper ^ives tlio juilKUient only; Lofft 
tjives the "special verdict" referred to in the.indj,'nuMit, niid alsoavery full smnninry 
of the arKinuents of coinisol before the Kiii^''s I5en<;h, which heard it arj.'nod th.rci. 
separati' times with dilferent coiiiiscd on eaih side on each occasion. Tlie text t^ivtii 
here is taken mainly from Loltt. whose report has beiMi used in comiiilin.i^ the "State 
Trials," but there are in it many inaccuracies which a comparison with Cowper's 
text will expose. The judmncnt appears to have been an ora' one, for Lotit 
explains in a note that he used a contemporary printed sunnnary to correct errors 
and supply omissions in his own notes. 

'■i Cowper's Ki'iiort has ".lames Campljell." 

■^ The Quebec .Vet, 1771, which in Canada superseded the lloyal Proclamation ef 
17(k5, became law on the liiJud of June. 

•f In Cowper's Ui'ports, "the third of ^larcli." 

■'' In July, 1773, the case of Caii>iihell v. Hall was lirst tried at the Guildhall, before 
Lord t.'liief Justice .Mansl'ield and a .jtn-y. The latter returned a "special verdicr,' 
end)odyinM in it simply tlie ascertained facts of the case, and expressly leaviie.; the 
le^al or constitutional question at issue to be decided by the Court. 

I Compare with this stipulation and reply those found in the .\rtieles of Caiiitu- 
lation of Quebec, 17.")i(, and of .Montreal, 17()(l, and the corresponding provisions ot 
the Treaties of L'trecht, 17b't, and of Paris, 17(13. 

7 This para^jraph from the Uoyal Proclauiation is not quoted literally. See the 
correct text on pp. CK-O'.). 

N See Note 1.5 to " Jtoprosontativo Assemblies in the Maritime Provinces." 

!» The form of this Connnission was similar to that of Governor Cornwallis' of 
Nova Scotia (pp. 9-10). 

10 Cowper's "Ueports " lui'i " import." 

II Lord Chief Justice Coke gives an abstract of the Calvin case in the seventii 
book of his "Kei)orts." .\ lucid and interesting account of it is given by Maseres 
in the "Cainvdian Freeholder," Vol. II., pp. 312-3'i'2, For the benetlt of those who 
Lave not access to these works it may be stated that Calvin was an infant born iu 



i 



NOTKS TO LOUD MANSFIKLD B JCDGMEXT. 



89 



Scotjaud tlmiP years nfUn- .Tainon VI. of thnt country lioramo .Iiiiiios I. of Kiipland, 
"an.l the qufstioii at issnu in tlio caso was whether, liaviiif,' been born after the 
union of the C^rowns, ho was an alien in England, as lio undoubteilly wonlil havo 
bei'n if lie liad been born before it. Lord C'lianeellor Kllesinere and twelve out of 
fourteen .ruiK'efi deeideil tliat 'alvin was not an alien, anil lord Coke in hisjiirl^;- 
nii'iit. in the course of a discussion of the nature of alieniiLre, uttered the diclum 
quoted by r,ord MaiistleM resiiectini,' the Ie^,'islative authority of the Kinc; over 
couiiiiercil countries, Atascu-est ingeniously contends that Loril Coko's dietuui 
iiiiilu's against, rather than for ri<prd Mansfield's opinion on this point. 

1^ Tlie <la,y the Koyal I'roidaination was issued. 

I' In his " Case of Irebiml .\;,'ainst i;nL;land." 

ji Tliiit is, " inference." 

: Thurlow. 

1 Attoriiey-Oeueral and Solieitor-deneriil, respectively, under Oeorpe I, 

17 'l"hi' word "slave" occurs instead of "names" in the rt^port in the "State 
T.i-'ls." 

1- The report in tln' '' State Trials " has " we are all of opinion ; " Maseres. in tho 
tl:e " Canadian Freeholder," i Vol. II, jip. ;5i:j-31(b, raises, but does not Rettle. tlio 
i|iicstion whether Lord MansfleM's cdleatines of tho Kinji's Hench concurred in tho 
former part of his judijnient, namely, that the Kinf,' had a prerof,'iitive ri^-lit to 
IcLiislato for a con(inered country until he lost tliat riuht either liy surrendering 
it to till! con<pu!red peiipleiu' liy tlie h.'^iislative intervention of tho liritish I'arlia- 
liiont. Tlie compiler of tlie " State Trials" (\ol. XX., )). l:i.s<ti, tiives tlie followiiit; 
statement, as an addeiilum to the text of tho lleiiort in the (irenada case : "Jlr. 
Haroii Mascros has told me lie was int'ornied by Mr. .Iiistico Miller himself, that ho 
did not concur in the d ictrlne which Lord Mansfi(dd in tho case of Caii\}ihi'll v. 
Hall, laid down res|iectini,' tlio ri^;ht of tlie Crown to IcLjislate auteeeclently to a 
rcnuuciation of such riyiit for a comiuered colony." It is somewhat peculiar that 
Lord Mansfield tiere fin- the first ti'ue in his .jiidi;!iiei!t assoc'ates his colleiiLiuos 
with himself in thi^ lindiiif,' of the Court, 

i;| For a full, learned, and iiitm-estinn discussion of this juduniLHt in all its 
aspects— historical, political, aiel Iet,'al — see Masei'es' second diaioj^'ue in \'ol. II. of 
the •■Can.idia.n l^'rotdioliler." See also "State Trials" (Vol. XX. p, ;):!!), for tho 
opiui ui of Ser^^eant Marshall on the view of tho constitution ^'iven by Lord 
Mansiii'ld. The second part of the judj,'iiieiit has always boon re;^'arded as an 
iMiiHinant charter of colonial libertii's, all th(> more so because Lord Manst'ield in 
Pnrliamiuit, as well as on the Bench, was a thorouj,di-f,'oint; asserter of royal 
prcroiiiitive and of imperial sovereignty over tlu! colonies. See his speceli. iiuulo 
in t!:i_ H-.use of Lords on the :5nl of February. Ism;, on tlitr adopti(3n of the iiiotioa 
dc'lariiiL,' the riu'lit of (iroat Britain to tax her .\mericaii colonies. 



ft 



00 



THE QUEBEC ACT. 



THE QUEBEC ACT, 1774, AND SUPPLEMEN- 
TARY ACTS. 

An Act, for iiialii)i;f vun-c ejintiuil jirdiisinii fnr tin' < idrminirnt nf 
the Provinve of Qtirhrr in X-ntli Anuiini. 



I'reamblo. Wiikrkas liis Majesty, by liis Royal Proclaiimtion, hi-aring 

(late the seventh day of October, in tlie tliinl year of liis 
reij^ii, tlioiij^ht fit to declare the provisions which had been 
made in respect to certain countries, territories, and islands 
in America, ceded to his Majesty by the definitive treatv- of 
peace, concluded at Paris on tlie tentli day of l'"ebruary,(jne 
thousand seven hun'^red and sixty three; and whereas by 
the arranf^ements made by the said Koyal rroclannition, a 
very hn-'^e extent of country, within which tliere were 
several colonies and settlements of the subjects of France,^ 
who claimed to remain therein under the faitii of the said 
treaty, was left without any provision bein^ nuulo for the 
administration of civil f^overnment therein ; anil certain 
parts of the territory of (Canada, where sedentary fisheries 
liad been established and carried on by the subjects of 
France, inhabitants of the said Province of Canada, under 
f^rantsand concessions from the (iovernment thereof, were 
annexed to the Government of Newfoundland, and thereby 
subjected to refjulations inconsistent witii the nature of such 
fisheries. IMay it therefore please your Most Excellent 
INIajesty that it may be enacted, and be it enacted by the 
Kinj,''8 Most ]"]xcellent Majesty, by and with the advice and 
consent of the Lords Spiritual and Temporal, and Com- 
mons, in this present Parliament absembled, and by the 
The territories, authority of the same: That all the territories, islands, and 
coimtrios'iii countries in North America, belonj^'in^' to the Crown of 
Nortli America, Great Britain, bounded on the south bv a line from the Bay 
Great IJritaiii, of Chaleurs, alon^ tlie hij^h lands which divide tlie rivers 
that empty themselves into the River St. Lawrence from 
those which fall into the sea, to a point in forty-live de}»rees 
of Northern latitude on the Kastern bank of the River Con- 
uecticutt, keeping the same latitude directly west throufjli 
the Lake Champlain until, in the same latitude, it meets the 



THE QUEBEC ACT. 



01 



l\iver St. Lawrence; from thence up tlie iMistern bank of 
tlie said River to the Lake Ontario; thence throufjli the 
Lake Ontario, and the River commonly called Niagara; and 
tlioiR'c alonf,' hy tlie Eastern and Kouth-KaHtern bank of 
],iikf Jlrie, following,' the said bank until the same shall be 
iiitti sected by the Northern boundary granted by the charter 
of tilt! Province of Pennsylvania, in case the same shall be 
so intersected ; and from thence alouf^ the said Northern and 
Western boundaries of the said Province until tlie said 
Western boundary strike the Ohio: Rut in case the said 
hiUik (if the sail! Lake shall not be found to be so intersected, 
tlifii followiii},' tlie said bank until it shall arrive at that 
point of the said bank which shall be nearest to the north- 
wi'st aiif^le of the said Province of Pennsylvania, and thence 
i)y 11 rij^lit line to the said northwfst aiij^le of the said I'ro- 
\iiic'e, and thence along the Western boundary of the said 
riMvince, until it strike the River Ohio; and along the Dank 
(if the said River westward to the banks of tlie ^Sfississippi^ 
and Northward'' to the Southern boundary uf the territory 
granted to the Merchants Adventurers of England trading 
to Hudson's Bay ; and also all such territories, islands, and 
countries, which have since the tentli of Eebruary, one thou- 
sand seven hundred and sixty-tiiree been made part of the 
(iovernment of Newfoundland — be, and they are hereby, 
(luring his Majesty's pleasure, annexed to and made part 
luid parcel of the I'rovince of Quebec, as created and 
established by the said Jtoyal Pnjclamation of the seventh 
of (Jctober, one thousand seven hundred and sixty-three. 

II. Provided always, that nothing herein contained, rela- 
tive to the boundary of the Province of Quebec shall in any 
wise affect the boundaries of any other colony. 

III. Provided always, and be it enacted, that nothing in 
this Act shall extend, or be construed to extend, to make 
Void or to vary or alter any right, title, or possession derived 
under any grant, conveyance, or otherwise howsoever, of or 
to any lands within the said Province or the Provinces 
thereto adjoining ; but that the same shall remain, and be 
in force, and have effect as if this Act had never been made. 

IV. And whereas the provisions made by the said Pro- 
clamation in respect to the civil government of the said 
Province of Quebec, and the powers and authorities given 
to the Governor and other civil otticers of the said Province 
by the grants and commissions issued in consequence 



.\niicxecl to the 
rrovince of 
Quebec. 



Not to affect 
tlio bouiularius 
of any other 
Colony ; 

nor to make 
void (jtlier 
rit,'hts foniierly 
h'rauted. 



Former pro- 
visions for the 
Province to be 
Dull and void 
after May 1st, 
1775. 



92 



TIIK QT'Er.KC ACT. 



/• 



rillllHlilllllts rif 

Qncln'i' limy 
pl'Dfcss the 
Koiiiisli rc- 
li^^ioii, sulijcct 
to tlu^ Kind's 

HlI|ll'lMliarV, MS 

l)y Act [. KW/..; 
iiini the ' li'iK> 
(jli.joy tli"ir 

llCCllStlllllL'll 

(lues. 



Provision iumv 
bo iiiaiio liy liis 
Miijosty for the 
siipixir't ol tile 
I'rotest.iiit 
Olei-Ky. 



No ^10l•fiOll pro- 
t'essiiiK the 
Uoiuish re- 
ligion obli(;o 1 



tlicivof, liiivc boon foiiiid upon oxpcricnco to l)o inupplicahle 
',o tlio state !Ui(l circuiiisttuiccs of tlio Hiiid I'roviuco, tlic 
i\iliiil)it;iiits wlit^fuof iiinoiiiiti'il at tliu coiiijiicst to above- 
Hixty-dvu tlioiisaiid persons ))rf)fessiiit,' tlic relitiioii of tin 
Cliiircli of Koine, and mjoyinj,' an estahlislied fin'm of c(m- 
Ktitution and system of laws by wliicli their ))( rsons aii'l 
property bad l)een protected, j^'overni'd, and ordci-rd fur a 
lonj,' scries of years from tlic first estabbsliment of tlie 
said I'rovince of Canada:* be it tlierefore enacted by the 
Authority aforesaid, tliat the said J'ro<'lama1 ion. so far as the 
same relates to till' Said i'rovinee oi (,)uebec, and the Com- 
nussion under tiie authority whereof the (loverntnent of the 
said Province is at present administei-ed, and all and every 
the Ordinance and Ordiiumces nuide by the (Governor and 
{'i>uneil i>r (Jucbei; for the time beinu: relative to the ei\il 
government lynd administration of justice in the said I'ro- 
vinei'. and all Cnmmissions to judu'i's and other otiicer'; 
thereof, be, ainl the same are hereby revoked, annulled, and 
made void'"' from and after the first day of ^lay, one thousand 
seven hundred and seventy-five. 

V. And for the more perfect security and ease of the 
minds of the inhabitants of the saiil I'rovince it is hereby 
declared, that his ^lajesty's subjects professing! the reliiiion 
of the ("hurch of l^mie, of and in the said I'rovince of 
Quei)ec, may have, hold and enjoy the free exercise of the 
reli>!ion of the Church of Home, Kultject to tlie Kind's 
supi'eniacy, declared and established by an Act'' made in 
the first year of the Heiiin of (^ueen Idi/.abeth over all the 
Dominions and Countries Nvhich then did, or thereafter 
should, belonj,' to the Imperial (Jrown of this Realm; anil 
that the clerj^y" of the said Cluircb may hold, receive, and 
enjoy their accustomed dues and ri^'hts with respect to such 
persons only as shall profess the said relif^ioii. 

VI. Provided, nevertheless, that it shall be hiwful for his 
iSrajesty, his heirs or successors, to nuike such provision out 
of the rest of the said accustomed duos and rijihts, for tlie 
encouragement of the Protestant Keli^jion, and for the 
maintenance and support of a Protestant cler<,'y^ within 
the said Province, as lie or they shall from time to time 
think necessary or expedient. 

VII. Provided always, and be it enacted, that no person 
professin<; the relit,'ion of the Church of Rome and residing 
in the said Province shall be obliijed to take the Oath-* 



Tin: (JlKlfKC ACT, 



*J3 



riiiuiri'il hv ihi." said statiito ixi^sed in tlu; lirsl v<iir of tlif to t.iki' tlui 

* * *■ ' f 1 1 1 T ; . . . t' I 



Oiitli nf I. 



!■• tM 

tllr ( 



hrf.irt 
iiiViTll'il', 



etc .till 

iiiLT Oath : 



foUow- 



rci;in of Quoon ILli/nbrtli, or any othir oatlM ^.iibstitiitcd by KiizMhrih ; hut 

any otlior Act in tliu placf tlioruof ; bnt that every huoIi 

jiui'son, will) by tlio sai<l statnto is rocinirecl to take tlio oatli 

tlifivin inonlioneil. siiall bo oljliL,'i-Hl, ami is b(n"L'))y rcMinirLij, 

til taki' atiil siil)S(;ribe tiu! fuilnwini,' oatli bil'ort,' tl.' Ciov- 

cnior, or snch <Jth(.'r Person, in sneli Court of Uecord a', his 

Majesty sliall tippoint, who are hereby antiiorized to luh/.in- 



ister tin; same ; 



(lilifct. 



■ I A. I', ilii -hici'ii'lv pfiiiii- 



'1 swear that I will In' fiiitlil'iil, T) 



■ uriil lirnr true .lUet.'iiUire til hiH \hi ie-ity Kini,' ( inH'L;!', iiuil liiiii will 
' ili'iriiil I'l till' iitniii^' "f iiiy piiW'r. M!,Miiist all tniitiirinis con- 

■ >iiini('ics mill atliiiiiiit'i what--i)rvi'r. which -^hiill ln' iiueli' U'4iiiii.--t 

■ Ins iicrsoii, crown, iiuil diuniiy; anil I will du niyulnmst emU'ii- 
•viiurto iliscloso aiiil ni.ilce known to his M,ij(.'sty, liis heirs mnl 

■ snii.'i'ssors, all tn 'II SI HIS i.ml triiiti irons eon spiracles iinil iit tempts 



which I shi.'ll know to h 



linst him oi' nnv of them ; iitnl nil this 



I ilu swe;ir ivithoiil nny <ipiivoi-Mt Ion, niciitiil (.'vasimi. or se(U'e 



■ icsrrv.'ition, iiiiil ri'iiouncniu 



p;iri 



■ iinv I'ower or I'l'rsnii w honisoiver to the contrary. 



mil illspcnsatloiis fr< 



O.ith. 



mil every sneli pi/rso 



••.So lic'p III'' (K)I)." 

shall iie'4leet or refuse to take Persons refus- 
ing; the Oath to 
lie siihjcct to 



111 



ciir and be liable ti 



the said oath Ijefore mentioned, sli 

the same penalties, forfeitni'es, disabilities, and ineai)aeities tiu! penalties 
^ ' 1 1\- \ i,t I 1- 1 1 ■>» 



;i' Wolll 



liavt; I 



neiirred and 1 



jeeii 



liable to for nei 



leelini; 



hvAct I. i:ii/. 



or refiisin-^ to take the otitli reqniri'd by the said statute 
passed in the first year of the reiuiii of (jtieeii J'llizabeth. 



N'lII. And be it further einicted by the Atitliority afore- His Ma.jesty'.s 

1 .1 i. 11 1 • -vr • 1 • / 1 1- 1-1 -ii • i.1 Caiiiiilian sub- 

situl, that all ins Alajesty s ( anadnin subjects v.'itlim the j,.,.f(. n-eilLtiotis 

Province of (.^le bee, the religions orders and communitiis "V'*'''^ ''V'^.U''' 
'- eili mnv hold 

only excepted,' 'Muay also hold and enjoy their i)ri)perty all tlu'ii'pusscs- 

and possessions, together with all customs and iisaoes hWaaitersor 

relative tliereto, and all otliers their civil rii,'hts, in as lar^e, controversy 

ani|)le, and beneficial manner as if the said Proclamation, had to the 

(-'omuiissions, Ordinances, and other Acts aiul Instrttments „';|., f.'l'iV^"" 

had not been made, and as may consist with their alli'i;iance elsioii. 

to his >[ajesty, and subjection to the Crown and Parliament 

of (ireat Britain ; and that in all matters of controversy 

relative to property and civil riohts, resort shall bo liad to 

the laws of Canada'' as the rule for the decision of the 

same; and all causes that shall hereafter be instituted in 

any of the courts of justice, to be appointed within and for 

the said Province by his ^Majesty, his heirs and sneeessors, 

shall with respect to such property and rif^lits be determined 

aijreeably to the said hxws and customs of (Canada, until 

they shall be varied or altered by any Ordinance that shall 

from time to time be passed in the said Province by the 



94 



THK QIEIJEC ACT. 



Not to rxti'iid 

to tlilllls 

^I'liiittMl by 
lli« Maji'sty in 
toimiioii Hoc- 



Owners rif 
f,'i)i"ls may 
iilii'iiatt' tilt' 
tiiiiiic by will, 
VU\. ifcxfciitt'd 
acfonlinL; to 
tlui Laws ipf 
Ciiiiaila. 



t'liiiiinal litiw 
of lOiiMliiiiil to 
lie Liintimu'd ill 
the rroviufo. 



His Majesty 
may appoint a 
Couucil for 



Governor, Lieutenant-Governor, or Coinniaiuler-in-Chief for 
the tinif bi'iii>4, l)y luid witli tln^ lulvice and consent of tlie 
Le^•isialivL• Council of tlie same, to be uppointed in nianncr 
hereinafter mentioned. 

IX. i'rovideil always, that nothin;^ in tliis Act contained 
shall extend, or bo construed to extend, to any lands that 
have lu'en i^'ranted by his ]\Iajesty, or sluiU hereafter be 
granted by iiis IVIajcstv, his heirs and successors, to be 
holden in free and common socca<4e.' ' 

X. Provided also, tliat it sluill and may be lawful to and 
for cvfry person tlnit is owner of any lands, ^'oods or credits 
in tlie said I'roviiice, and tliat has a ri^jht to alienate tlie 
said lands, floods or credits in his or lier lifetime, l)y deed of 
sale, },'ift, or otlierwisc, to devise or betiueath the same at 
iiis or her death, by his or her last will anil testament ; any 
law. usa^'e, or custom heretofore or now iirevailiii;^ in the 
rroviiu'cto tiiecDuirary hereof in anywise notwithstanding^; 
such will beiiij,' executed either according to the Laws of 
(,"aiiada,or accordin^^ to the forms prescribed by the Laws of 
ICn^'land. 

XI. And whereas the certainty and lenity of the Criminal 
Law of i'lii-^land, and the benetits and ad' aiitaj^es resulting 
from the use of it, have been sensibly felt by the inhabitants 
from an experience of more than nine years, during; whicli 
it has bc( ii uuifonnly administered ; be it therefore further 
enacted by tlie Aiitiiority aforesaid, that tlie same shall con- 
tinue to be administered, and shall be observeil us law in the 
Province of Quebec, as well in the description and cpiality 
of the offence as in the method of prosecution ami trial, and 
the punisliments and forfeitures thereby intlicted, to the 
exclusion of every other riilc! of criminal law or mode of 
proceedin}^ thereon, which did or mi-^ht prevail in the said 
Irovince before the year of our Lord one thousand seven 
hundred and sixty-four; everythin}^ in this Act to the con- 
trary thereof in any respect notwithstanding' ; subject never- 
theless to such alterations and amendments^'* as the 
Governor, Lieutenant-Goveinor, or Commander-in-Chief for 
the time beiii;,', by and with the advice and consent of the 
Lej^islative Council of the said Province, hereafter to be 
appointed, shall from time to time cause to be made therein, 
in manner hereinafter directed. 

XIL And whereas it may be necessary to ordain many 
regulations for the future welfare and good government of 



TIIK Ql'KHKC ACT. 



95 



till' Province of Qiubec, the occtiHioiiH of which ciinnot now '•><• nlfnirsof 
Ik- foreseen, nor witliout mncli dehiy and inconvenience be 
jirovided for, witliont intrusting,' thiit authority for a certain 
tiiiu' and under proper restrictions to persons resident tlicre : 
and wlii'reas it is at present inexpedient to call an 
Asseinhly.'* he it therefore enacted l)y tiu' Autliority afore- 
■••I'll, that it shall and may l)e lawful for his INF.ijesty, his 
lieirs and suc(!essors, by warrant under his or their sij^net 
or si^'M nianinil, and with the advice of the I'rivy ("oiincil, 
ti) constitute and ai)point a ('onncil for tiie atfairs of the 
Province of (^)nehi'(', to consist of such persons ri'sidcnt 
tlierc, not exceeding,' twenty-three nor less than seventeen, as 
iiis Majesty, his heirs and successors shall he phased to 
;qi|ioint; and, upon the death, removal, or absence of any of 
the members of the said Council, in like nninner to consti- 
tute and appoint such and s(j nnmy other person or persons 
as shall be necessary to supply liie vacancy or vacancies; 
wliicli Council so apjiointed and nominated, or the major Whicli Council 
part thereof, shall luive power and authority to make ( )rdin- (",'Ii^i,',a'nees 
ances for the peace, welfare, and ^ood government of the \^'"' coiiseiit 
said I'rovmce, with tiie consent of Ins .Alajesty s uovernor, nor. 
(jr. in his absence, of the Lieuteuant-Ciovernor or ('oni- 
niunder-in-Chief for the time Ijein^^. 

XIII. I'rovided always that nothiui^ in this Act contained Tlie Council 

1 n . 1 ... »i •" ii • 1 T ■ 1 1- are not ini- 

shtili extend to authorize or impower tiie said l^e<;islative .,,,^^.,,,.^.,1 {Qj^y 

Cotuicil to lay any taxes or duties within the said Province, taxes. publi(! 

, ■ 1 • 1 , • , roads or build- 

siKJi rates and taxes only excepted as the inhabitants of ings excepted. 

any town or district within the said I'rovince may be 

iiuthori/ed by the said Council to assess, lew, and api)ly, 

within the said town or district, for the purpose of inakintj 

roads, erecting' and repairing' public buiidimis, or for any 

other i)nri)ose respectin;.; the local convenience and o'conomy 

of such town or district. i" 



Xl\'. I'rovided also, and be it enacted by tiie Autliority Ordinancos 
aforesaid, that every Ordinance so to be made shall within jj^j'j *i'n,'f,,^".'j^jg, 
six months be transmitted bv the Governor, or in his Majosty for 
aljseiice by the Lieuteiiant-Ctoveriun', ( r C omniHiiiler-in- batioii. 
Ciiief fur the time bein^, and laid before liis ^Majesty for his 
Uovi.l Approbation ; and if his Majesty shall think fit to 
disallow thereof, the same shall cease and be void from the 
time that his Majesty's order-in-council thereupon shall be 
promulgated at Quebec. 



96 



THE QUEBEC ACT. 



Ovdiiiaiices 
toncliiiiK ro- 
lit,'iiiii not lo 
he ill rmcc 
■willioiit His 
Miijt'sty's a.l)- 
liri"lii\tioii. 



Wlicii Or.li- 
iiaiici'" live to 
iii' jiii'^scil Ijy n 
Diajurity. 



XV. Provided also iluit no Ordinance touchin<4 rcii;,'ion. 
f)r by wliich any punisliment may be inllicted f^reater tlian 
fine or ini]n'isonment for tbrce mouths, shall be of any n)rce 
or effect, nntil the same shall liave recei\ed his IMajesty's 
approbation. 

XVI. I'lvnided also that no Oi'dinance shall be ixissed at 
any meetini,' of the (.'ouncil wiiere less than ii nnijui-ity of 
the wliole Council is ])i('sint, or at any time excein between 
the iirst day of ,7 umary and tlie first day of May, tuiless 
np(>n some nrtjent or'casion, in which ease every member 
thereof resident at Qneljcc, or within lifty miles thereof, 
shall be personally summoned by the Governor, or in his 
aljsence by the Lieiitenant-Clovernor, or (Commander-in- 
Chief for tlie time bein:^, to attend tlie same. 

Nothinsto XVII. And be it fnrthtr enacted by the Authority afore- 

jesUMo const i"- '^'^'''' ^''''•^ uothin.s,' herein cc;itained shall extend, or be con- 

tute Conr;s ot strn'Hl to extend, to i)revent or iiinder his JMaiesty, his heirs 
Criiniiuil, Civil. , , \ , . , , , 

and llcclcsiiis- and successors, by Ins or tlair letters patent imder the 

tiou ''"'''■"'^''■" C.reat Heal ( f (Ireat iJritain. from erectinji, constitulni;,' and 
appointing; such ("oiirts of Criminal, Civil, and Ecclesi- 
astical jiu'isdiction within and for the said Province of 
Quebec, and aiipointin;.; fi'om time to time tiie jnd^'es and 
oflicers thereof, as his Majesty, his heirs and successors, 
shall think necessary and [iro[ifr for the lircumsliinccs of 
the said I'rovince. 



.Ml Acts for- 
nurlx' niiiiii' 
are li(>reli.\ in- 
I'oi'tTil wiiliiii 
tliel'roviuci. 



XVIII. I'ruvided always, and it is hereby enacted, that 
nothiiij,' in this Act contained shall extend, or be construed 
to exti nd. to rejieal or make \oid within the said Pro\iiici' 
o (^Uubec any Act or Acts of tlie Parliament of Creat 
Britain lieretofore nn\de for prohibitin<,'. restrainiii;^, or 
icvulatin^' the trade or commerce of his ^Majesty's Colonies 
and Phuitalions in Aniir'ca ; lull that all and escry the 
.-aid Acts, and also all Acts of Parliament heretofore 
niiide concerning' or respecting' the said Colonies and Plan- 
tations, shall be, aiul are hereby declariil to In in force 
within the said Province of Quebec, and every pai ^ thereof. ' " 



THE QUEBEC REVENUE ACT. 



y? 



The Quebec Revenue Act, 1774- 

III Art'' tn rsfiililisli (I I'liinl tninirils nni/iif (lii'riiiji)iii titr ilianji's 
III' till' .liliiiiiiistriitl'ni III' .1 ii^liri'. mill sii/iiiiirt "/' t/ir Civil (Jur- 
innihut iril/n'ii tin I'rnri iirr nj' (jHihcc in Aiiiirirn. 



at 



lie 
>re 

iii- 



^\'lll■)•p■ls c't-Ttain ilntics'' werf imposed by tlic iiiilliorit\" 
of his Most, C!ln'i--t!;ui ^lajc-ty ii])oii \>.-iiie. rum. hraiidy, 
(■in lie ric ilr liijiiiiir, iin[)ort(;(l iiitd tlie I'roviiicc of Caiiiida, 
now ciilU'il tlie Province of (^)uel)( c, and also a duty of tliroe 
l-':nn<\-^ jH'r cciitiiiii ml rulnrciii u]H>n all dry iioods im^iorti'd 
into and exported from the i^aid rrovincc, wliicli duties snb- 
sisti-d at tlie time of tlie surrender of the said Province to 
Viiiu' I\rajostv's torce^= in the late war: And whereas it is 



Pr(;Hiil)!o. 

fcrtniii duties 
iiiilKisi'il hy 
liis most Chris- 
tian Miijt'siy 
iMHin ruin, 
liriniil\-. (^tc. 
iiii|ii)rtc(l into 
liuebec. 



.Npidicnt Oiat till.' said duties should 



cea- 



and be diseon- 



tiuacd, and that in lieu and instead thereof other iliities 
-limi'd be raised by the authority of Parliament for niakini^ 
a mole adequate provision for defraying; the charf^'e of the 
H'Muinislration of justice and the support of cis'il (Sovern- 
iiunt in the said Pro\ince: We, jou*' ^lajesty's most 
lUitifiil and loyal subjects, tiio ('oinmons of Great Pritain 
ill ravliament assembh d, do most luwiihly besi^cch your 
Majesty that it nuiv be enacted, and be it enacted by the 
Knit's most J'jXcellent iMajesty, by and with the ad\ ice and 
consent of the Lords H))iritual and 'J'emporal tmd Conimons, 
in this present Parlia im, iit s'ssr-nibled, and by the authority 
of the same: That from and after the fifth day of .\pril, .M'tor .\pril .'i, 



one thousand, seven hundred, and seventy-tive, all the 
iiities which were impo.sed upon rum, brandy, ruii itr c.V ili- 
i/y/fcK/', within the saitl rro\ince, and also of three [)onnds 
yr rriilidii ml rnlnrcni on dried good.s imjiuiled into or 
i..\]i()rted from the said Province under the authority of his 
' i-t Christian ^Majesty, shall be and are lieixb\- discoii- 
liuiiod ; and that in lieu and instiiid thereof there shall 
tioin and after the said lifth day of April, one thousand 
- \i u hundred and seventy-five be raised, levied, collected, 
:uil paiil unto his IMajesty, his heirs and successors, for 



I TV-"), to lie dis- 
C'liitimu!.! 
wiiliiu tlie Pro- 
vince, 



anil iiisteail of 
w liii'li till' tol- 
liiwiiii.; iliUies 
to 111' pi ill tu 

His .Majesty. 



98 



THE QUEBEC REVENUE ACT. 



and upon the respective f,'ood8 hereinafter mentioiioil, 
which shall be imported or bron<,'ht into any part of tlie 
said I'rovince, over and above all other duties now payable 
in the said Province, by any Act or Acts of Parliament, 
the several rates and duties following : that is to say, 

The rates, ^'"'^^' cvtiry Kti'lon of brandy, or other si)irits, of tlie manufacture 

of (iroat Britain, threc-iieiice. 

For (ivory gallon of riini, or other spirits, which sliall bo iiiiiiortcil 
or brought from any of liis Majesty's sugar colonies in tlic West 
Indies, six-pence. 

For every fjaUon of rum, or otlier spirits wliich slmll bo im- 
ported or brouKlit from any otlier of liis Majesty's colonies or 
dominions in America, nine-pence. li' 

For every gallon of foreign brandy, or other spirits of foreign 
nianufacture imported or brought from (Jreat Britain, one shilling. 

For every gallon of rum or spirits of the produce or nmmifnc- 
ture of any of the Colonies or Plantations in America, not in the 
possession or under the dominion of his Majesty imported from 
any other place except Great Hritain, one shilling. 

For every gallon of molasses and syrups which shall be ini- 
liorted or brought into the said Province in ships or vessels be- 
longing to his Majesty's subjects in Great Pritain or Ii-eland, or 
to his JIajesty's subjects in the said Province, three-ponce. 

For every gallon of molasses and syrups, which shall bo imported 
or brought into tlio said Province in any other ships or vessels 
ill which the same may be legally imiiorted, six-pence; and after 
those rates for any greater or less quantity of such goods respec- 
tively. 

Rates deemed II. And it is hereby further enacted by the authority 
of'^Grelt""""* aforesaid, that the said rates and duties charged by this 
Britain ; Act shall be deemed, and are hereby declared, to be sterlins,' 

money of Great Britain, and shall be collected, recovered, 
and paid, to the amount of the value of'-" which such 
nominal sums bear in (Ireat Britain; and that sucli 
monies may be received and taken accordinj^ to the pro- 
portion aiul value of tive shillings and sixpence the ounce 
in silver ; and that tlie said duties hereinbefore granted 
shall be raised, levied, collected, paid, and recovered, in tlie 
same manner ami form, and by such rules, ways, and 
means, and under such penalties and forfeitures, except 
in such cases where any alteration is made by this Act, 
as any other duties payable to his Majesty upon goods 
imported into any British Colony or Plantation in America 
are or shall be raised, levied, collected, paid, and recovered, 
by any Act or Acts of Parliament, as fully and effectually, 
to all intents and purposes, as if the several clauses, 



How they are 
to bo levied, 
etc. 



THE QUEnEC REVENUE ACT. 



99 



iifiwiTs. directions, penalties, and forfeitures relatin},' tliere- 
n, were particiilarlv repeated and ai^ain enacted in the 
b.jdv of tliis i)resent Act : and that all the monies that shall 
arise by the said duties (exci'pt the necessary charges of 
niisini,', collecting,', levyinji, recoverini;. answering', payiui^, 
and ,tc('oniitin.L; for the same), shall he paid by the Col- 
kcl'ir of ins Majesty's Customs, into the hands of his 
Miijesty's Keceiver-Oeneral in the said Province for the 
time lieiiii,'. and shall he applied in the first place in making' 
a more certain and tidecpiate provision towards defravinj^ 
the expences of the administration of justice and of the 
siijiport of Civil (iovernment in tiie said I'rovince; and 
t!i!it the Lord Hiu'li Treasurer, or Commissioners of his 
Mitjesty's Treasury, or any three or more of them for the 
time beinj,', shall he, and is, or ai'e hereby impowered, from 
time to time, by any warrant oi' warrants undi'i' his or 
tlnii' hand or hands, to cause such money to be apjilied 
(lilt "f the said proiliice of the saiil duties, towards defray- 
ing! the said expences ; and tliat the residue of the said 
iliities sliall remain and be reserveil in the hands of the 
s:iid Hect'iNer-Ceneral, for the future di'-position of i'arlia- 
inrnt." ' 

111. And it is hereby further eiuicteil by tlie authority 
iifiivcsaid that if any ^oods c!iarL;eal)le with any of the 
said duties hereind)efore mentioned shall be brouijht into 
the said Province by land carri!i<ie, the same shall [)ass 
anil be carried ihroii-^h the port of St. John s, near the 
Ki\i r Sorrel : or if such j^'oods siiall be l)ront;ht into the 
sai I Province by any inland inivij^ation other than upon 
the i;iver St. hawrence, tiie same slniU pass and be 
carried upon tlu' said iviver Sorrel by tiie ^ai.l port, and 
sluUl be there entered with, and the said resi)ective rates 
ftiid duties paid for the same, to such otiicer or oHicers of 
ins ;\I;ijesty's (histoms as shall be there appointed for 
that purpose: and if any such j^oods comiiii,' by land 
carnage or inland navitjation, as aforesaid, shall pass by 
Mr iieyond the said [ilace before named, v/ithout entry or 
liiivmeiit of the said rates and duties, or shall be broiij^ht 
into any part of, the said Province by or throu,i,'h any 
>ither place whatsoever, the said floods shall he forfeited ; 
ftiid every person wiio shall be assisting,', or otherwise 
concerned in the bringing' or removing such goods, or to 
wiiose hands the same shall come, knowing that Ihey were 
brir,i:,'lit or removed contrary to this Act, shall forfeit 
H.C.C. — 7 



to wlioni they 
are to bo paid. 



mid liow to be 
applied. 



I!e;,'ulatioiis 
with respect to 
l^'ooils hroiij^lit 
iiUt) tlie I'lo- 
viuce cliur>,'e- 
abli' with the 
duties before 
moutiijiiL'd. 



100 



THE QUEBEC ACT, 



M il 




Penalties and 
forfeitures 
when to be 
prosecuted for, 
etc. 



Any jierson 
keeping a 
house of pub- 
lic oiitortaiu- 
inent to pay 
£1 168 for a 
license. 



Penalty of i'lO 
for every 
offence. 



treble the value of such goods, to be estimated and com- 
puted accordiuf^ to the best price that each respective 
commodity hears in the Town of Quebec, at the time such 
offence shall bo committed ; and all the horses, cattle, 
boats, vessels, and otlier carriaj.;es whatsoever, made use of 
in the i-emoval, carria^'e, or conveyance of such <,'oo(ls, 
shall also be forfeited anil lost, and shall and may hv. 
seized by any officer of his Majesty's Customs, and ])ro- 
secuted as hereinafter mentioned. 

IV. And it is hereby further enacted by the authority 
aforesaid, that the said penalties and forfeitures by this 
Act inflicted, shall be sued for and prosecuted in any 
Court of Admiralty, or Vice- Admiralty,'-"- having jurisdic- 
tion within the said Province, and the same shall and may 
be recovered and divided in the same maimer and foini. jtinl 
by the same rules and regulations in all respects as other 
penalties and forfeitures for offences against the laws 
relating to the customs and trade of his Majesty's Colonies 
in America shall or may, by any Act or Acts of Tarliameut 
be sued for, prosecuted, recovered, and divided. 

V. And be it further enacted by the authority aforesaid, 
that there shall from and after the fifth day of April, one 
thousand seven hundred and seventy-five, be raised, levied, 
collected and paid unto his Majesty's Receiver-General of 
the said Province for the use of his Majesty, his heirs 
and successors, a duty of one pound sixteen shillings, 
sterling money of Great Britain, for every licence that shall 
be granted by the Governor, Lieutenant-Governor, or Com- 
mander in Chief of the said Province to any person or per- 
sons for keeping a house or any other place of publick 
entertainment, or for the retailing wine, brandy, rum, or 
any other spirituous liquors within the said Province ; and 
any person keeping any such house or place of entertain- 
ment, or retailing any such liquors without such licence 
shall forfeit and pay the sum of ten pounds for every 
such offence, upon conviction thereof ; one moiety to sucii 
person as shall inform or prosecute for the same, and the 
other moiety shall be paid into the hands of the Receiver- 
General of the Province for the use of his Majesty. 



Not to mnke VI. Provided always that nothing herein contained sliall 

rcvi'iuics, etc., extend or be construed to extend to discontinue; determine, 

reserved at tlie gr make void any part of the teiTitorial''" or casual revenues, 
oomiuest. •' '■ 



AND SUPPLEMENTARY ACTS. 



101 



fines, rents, or profits whatsoever, wliich were reserved to, 
and beloiij^ed to his Most Christian Majesty, before and at 
tlie time of the conquest and surrender thereof to his Majesty, 
tlie Kint; of Great Britain ; but that the same and every 
one of theui, .ihall remain and be continued to be levied, 
collected, and i^iid in tlie same manner as if this Act had 
never been made ; anytliin;^ therein contained to the con- 
trary notwithstanding^. 

VII. And be it further enacted hv the authoritv aforesaid, I" ^"i'"^ 
, ., ■ , 11 , ' 1 ' ■ I'liiuyiit i>ursu- 

that if any action or suit shall be coiniiienced a^^aiiist any ant to tlu^ .\ct, 

person or pcr.sons for anything,' done in pursuance of this 

Act, and if it shall appear to the Court or jud.t;e where or 

before whom the same shall be tried, that such action or 

suit is brouf^ht for anythinj^ that was done in pursuance of, 

and by the authority of this Act, the de' 'ant or defendants 

shall be indemnified and aciiuitted for the same ; and if such di'feiicliintsto 

defendant or defendants shall be so acquitted; or if the ' 

plaintiff sluill discontinue such action or suit, such Court or 

judj:{e simll award to tlie defendant or defendants treble 

costs. 



co:;ts. 



102 



THK QUEBEC ACT, 



The Quebec Revenue Act, 1775. 

An Aet'^/or atncndimi and I'.rphtinini/ an Act,-'' jxt.ssrd in thi' J'our- 
teenth i/i'dr of liin Mnjesti/H n'iijn, intitidrd ''An Act tn :>itiddish 
II Fund toinirds fnrt/ii'r dcliunjinii tin' c/itiiyis of' tlic Adtnini.i- 
trution of Jiistici' find supjtort of t/w Ciril (iorcrntitint iclthin 
till' Prorinci' of (Jiirlicc, in Anicricd." 



Preamble. 
Clause in Act 
14 Geo. III., 
recited. 



Whereas by an Act passed in tlie fourteentli year of his 
Majesty's roij^ii (intituled, " An Act to establish a fund 
towards further defrayiii}4 the charj^es of the administration 
of justice and support of the Civil Government within the 
Province of Quebec in America "), it is amon{«Ht other tilings 
enacted, that if any goods, chargeable with any of the duties 
in the said Act mentioned, shall he brought into the said 
Province by land carriage, the same shall pass and be carried 
through the Port of Kaint John's, near the River Borrel ; or 
if such goods shall be brought into the said Province by any 
inland navigation other than that upon the River Haint 
Lawrence, the same shall pass and be carried upon the said 
River SoirRl by the said port, and shall be there entered with, 
and the said r;'spective rates and duties paid for the same 
to, such officer or officers of his Majesty's customs as shall 
there be appointed for that purpose ; and if any such goods, 
coming by land carriage or inland navigation, as aforesaid, 
shall i)ass by or beyond the said place before named, without 
entry or payment of the said rates and duties, or shall be 
brought into any part of the said Province by or through 
any other place whatsoever, the said goods shall be forfeited;, 
and every person who shall be assisting, or otherwise con- 
cerned in the bringing or removing such goods, or to whose 
hands the same shall come, knowing that they were brought 
or removed contrary to this Act, shall forfeit treble the 
value of such goods ; to be estimated and computed accord- 
ing to the best price that each respective conmiodity bears 
in the town of Quebec at the time such offence shall be com- 
mitted ; and all the horses, cattle, boats, vessels, and other 
carriages whatsoever, made use oi in the removal, car- 



AND SUPPLEMENTARY ACTS. 



103 



ria<4e, or conveyance of such goods, shall be forfeited and 
lost, and shall and imiy be seized by any officer of his 
Majesty's Customs, and prosecuted as thei'einafter men- 
tioned : And whereas there is reason to ai)prchend tliat the 
re^'uhitions and restrictions contained in the said herein- 
before recited clause, so far as they relate to the bringing of 
rum, brandy, or otlier spirits into the Province of Quebec by 
land carriage, nuiy, witliout further explanation, operate to 
tlie prejudice and disadvantage of the commerce carried on 
witli tlie Indians'-'' in tlie upper or interior pai't« of tiiesuid 
Province: We, your Majesty's most dutiful and loyal sub- 
jects, the Connnons of Great Britain in Parliament 
assembled, do most inunbly beseech your Majesty tlu\t it 
may be enacted ; and be it enacted by the King's Most 
Excellent Majesty, by and with the advice and consent of 
tlie J.ords Spiritiuil and Temporal, and Commons, in this 
present Parliament assembled, and by the authority of the 
same, 'J hat it shall and may be lawful to and for all his 
Majesty's subjects freely to bring, carry or convey, by land 
carriage or inland navigation, into any ports of the Province 
of Quebec,-" not heretofore comprehended within the limits 
thereof by his Majesty's Royal Proclamation of the seventh 
of October, one thousand seven hundred and sixty-three, 
any quantity of rum, brandy, or other spirits, anything 
contained in the before-recited Act of Parliament to the 
contrary tliereof in any wise notwithstanding. 



His Majesty's 
subjects may 
In-iiif,', Ijy laud 
or inliincl navi- 
gation, into 
Huy ports of 
Quel)oc not 
heretofore 
coiiinrehenrted 
in tlie Koyal 
Proclamation 
of Oct. 7, 17(53, 
any quantity 
of i'lun, brandy, 
etc. 



104 



THE QUEBEC ACT, 



The Colonial Tax Repeal Act, 1778. 

An Act'^ for iriiKiriuif all (hnthtK ond (ijijurJmisinux concvrninij ta.v- 
iit'mn hij titi' I'drliduii'iit of (ircdt Ilritai)! itt (Dh/ of tlic Colonies, 
Provincis, (Old Vhtutdtions in Xortli Aiiii'rini und tlir Wr.^t 
Indies: and for rcjtralinii so ninrli of an Ait, made iti tlu' srnnlh 
ijcar of t/ir rrifpt of his present M((jestif, as inijinsis a diitif o)i tin 
imported from (ireat Britain into an;/ CidiDuj or I'lantatioii in 
America, ar relates thereto. 



rreiunblc. Wlierciis taxation by the Parliament of CIroat Britaiii, for 

the puri)o.-ie of raisins^ a reveinio in his Majesty's Coh)nios, 
Provinces, and Plantations in North America,''* has been 
found by experience to occasion ^reat unc^asiness and dis- 
orders amonj^ his Majesty's faithful subjects, who may 
nevertlieless be disposed to acknowledtje the justice of con- 
tributing to the common defence of the Phiipi: e, provided 
such contribution should be raised undt'r the authority of 
the General Court,'"' or General Assembly, of each respec- 
tive Colony, Province, or Plantation : And whereas, in order 
as well to remove the said uneasiness, and to quiet the minds 
of his ^Majesty's subjects who may be disposed to return to 
their allegiance, as to restore the i)eace and welfare of all his 
Majesty's Dominions, it is expedient to declare that the 
King and Parliament of Great Britain will"* not impose 
any duty, tax, or assessment, for the purpose of raising a 
revenue in any of the Colonies, Provinces,or Plantations : May 
it please your Majesty that it may be declared and enacted, 
and it is hereby declared and enacted by tlio King's ^Nlost 
Excellent Majesty, by and with the advice and consent of 

kiii« and Par- the Lords Spiritual and Temporal, and Commons, in this 
liaiiiont of T ,■ i , T T , , , • !■ 1 

(jrcftt Uritain present Parliament assembled, and by the authority of tiie 

ColmiLs^in '" s^'"«' *''"■* ^'■"'" "-"^^ '^^*^i' ^^'® passing of this Act the King 
Nortli America and Parliament of Great Britain will not impose anv duty, 
or tlio West . ^ i , ,, . ,-,■ tr" ■ ^ \ 

Indies ; axcept, tax, or assessment whatever, payable in any of his Majesty s 

^"^- Colonies, Provinces, and Plantations in North America or 

the West Indies ; except only such duties as it may be 

expedient to impose for the regulation of commerce ; the net 



No tax to 1)0 
lu'ieiittor im 
posed l)y tlio 



AND SUPPLEMENTARY ACTS. 



105 



proiliicc of such duties to be always paid and applied to and 
for the use of the Colony, Province, or Plantation, in which 
tilt siinie shall be respectively levied, in such manner as 
otlicr duties collected by the authority of tiie respective Gen- 
(.nil Courts, or General Assemblies, of such Colonies, Pro- 
vinces, or Plantations, are ordinarily paid and applied. 

If. And bo it further enacted by the authority aforesaid, So much of an 
, ^ , 1 », i.1 • , f ii • » i " 1 « Act. 7 Geo. III., 

tliiU from and after the passing of tins Act. so mucli of an ^j, jniposcsa 

Act Mnade in tlie seventh year of his present Majesty's '^^tyontoa im- 

- . ■■ . . . " ported from 

n-iu'u, intituled " An Act for j,'runtin<,' certain duties in the (ireat Britain 

I'.ritisli Colonies and I'lantations in America; for allowing' l.^pg^Vg,',';"''* 

a drawback of tlie duties of Customs upon the exi)ortation 

from tliis kiiiu'dom of coffee and cocoanuts of the pro luce of 

the said Colonies or Plantations ; for discontinuinf^the draw- 

liiicks payable on < 'liina earthenware exporte<l to America; 

and for more effectually preventing' the clandestine running 

of floods in said Colonies or Plantations," as imposes a duty 

on tea imported from Crreat Britain into any Colony or 

Plantation in America, or has relation to tlie said duty, bo, 

and tlie same is herel)y repealed. 



106 



TEIE QUEBEC ACT, 



Canadian Revenue Control Act, 1831. 

An Act'^'^ to (iinrnil mi Act nt' thr I'lmrtccnth near nf Hix Majistii 
Kiwj Gi'oriji' till' Thifily I'll)' istuhlis/ihiii n j'loiil tmniril.s ilrfinij- 
in(j the c/iiiri/i's uf dir iKhniuintnitinn of justici' mul snpimit ni' 
the civil iinrrnvmut irithin the I'mrincr uf (jKilnr in Annriin. 



22nd Skptemukk, 1831. 

14 G. 3, cap. 88. Wliereas by an Act passed in the fourtecntli year of tlic 
reif,Mi of his late ^Iajest\', Kin^' (ieori,'e the Tliinl, intituled 
" An Act toestablibli a Fund towai'ds fiirtlier defraying,' tlie 
cliar^es of the administration of justice and support of tiie 
Civil Government within tlie Provnice of Quebec in 
America," it was amon<,'st otlier thinjjs enacted tinvt from 
and after the fifth day of April, one thousand, seven iiuii- 
dred and seventy-five, there should be raised, levied, collected 
and paid unto his said late JIajesty, his heirs and suc- 
cessors, for and upon the respective <joods thereinafter men- 
tioned, which should be imported and brou^'ht into any port 
of the said Province, over and above all other duties then 
payable in the said Province by any Act or Acts of Parlia- 
ment, the several rates and duties therein mentioned ; (tliat 
is to say,) for every •iallon of brandy or other spirits of tlie 
manufacture of Great Britain, three-pence ; for every ^'alloii 
of rum or other spirits, which should be imported or brout;lit 
from any of his Majesty's su^^ar colonies in the West Indies. 
six-pence ; for every gallon of rum or other spirits which 
should be imported or brouf^ht from any other of his 
Majesty's colonies or dominions in America, nine-pence; for 
every gallon of foreign brandy, or f)thcr spirits of foreign 
manufacture, imported or brought from Great Britain, one 
shilling; for every gallon of rum or of the produce or 
manufactures of any of the Colonies or Plantations in 
America not in the possession or under the Dominion of his 
Majesty imported from any other place except Great 
Britain, one shilling; for every gallon of molasses and syrups 
which should be imported or brought in the said Province in 
ships or vessels belonging to his Majesty's subjects in Great 
Britain or Ireland, or to his Majesty's subjects in the said 



AND SUPI'LKMKNTAUY ACTS. 



107 



I'nivincc, three-pence; for every trillion of inoliissts and 
sM'iips wliicli sliniild be imported or l)r<)U;;lit into tlie s!ii<l 
I'rovince in any otliur ships or vessels in wliicli tlie siune 
minlit be legally imported, six-pence ; and after tliose rates 
for any greater or less (jinvntity of sneli j^'oods respectively ; 
and it was thereby further enacted that all the monies that 
sliDuld arise by the said duties (exci'pt tlie necessary charj^es 
of i-aisiiii,', collecting;, lesyiu;;, recovering,', answering', (jayin;;. 
and accounting; for the same, should be paid by theCullector 
of his Majesty's customs into the hands of his Majesty's 
lieceiver-General in the said Province for the time beiu^;. 
and should be applied in the first place in makinj; a nun-e 
certain and adequate provision towards (k'frayiii^ the 
expenses of the administration of justice and of the support 
of the Civil Government in the said I'rovince ; and that the 
Tjord IIit,'h Treasurer, or the ("onmiissioners of lusIMajesty's 
Treasury, or any three or more of them for the time beinj; 
should be aiid they were thereby empowered from time to 
time by any warrant or warrants under his or their hand or 
hands, to cause such money to be applied out of tlie said 
l)roduce of the said duties towards defraying said expenses ; 
and it was thereby enacted that the residue of the said duties 
should renuiin and be reserved in the hands of the said 
Receiver-General for the future dispositions of Parliament : 
And whereas the said Province of Quebec hath since the 
enactment of the said Act been divided into the two Pro- 
vinc<:!s of Upper Canada and Lower Canada : And whereas 
it is expedient to nuike further provision for the appropria- 
tion of the duties raised, levied and collected under the said 
Act ; be it therefore enacted by the Kinj;'s Most Excellent 
Majesty, by and with the advice and consent of the Lords 
Hpii'itual and Temporal and Commons, in this present Par- 
liament assembled, and by the authority of the same, that 
it shall and may be lawful for the Lej^islative Councils and Legislative 
.•\.Bsembliesof the said Provinces of Upper Canada and Lower r'i'iii>''i''iui?l 
Canada-'* respectivelv, by any Acts to be bv them from ''"^^'''■'''i"itla 
time to time passed and assented to by his Majesty, his i)riatt! eertiiiii 
heirs, and successors, or on his or their behalf, to appro- ,\t\rs'sh!ilV"'"^ 
priate''' in such manner, and to such purposes as to them ^*"'"i '"eet to 
respectively shall seem meet, all the monies that shall here- 
after arise by, or be produced from the said duties, except 
so much of such monies as shall be necessarily defrayed for 
the charges of raising, collecting, levying, recovering, 
answering, paying, and accounting for the same. 



lOS 



THE QUKHIOC ACT, 



N(JTEH TO TIIH QUEBEC ACT. 1774, AND HUri'LEMENTAUY 

ACTS. 



' Tliis Act is 14 Gen. III.. Cnp. Kt, The text is rojiriiitod fiMiu tlic Iiiiiicriiil 
" Stntiitcs lit I.tiv^'c," lidiicldii. ITVii. Tlio liost lU'couiit of tlic |ii'uci'ciliii;,'s coiiiu'cti'if 
witli its iirot-rcss tlir(iu;,'li tlio Uritisli I'lirliuiiiont is Kivcn iii Sir Hi'iiry ('iivt'iidislis 
•' Dfliiiti'S (111 tiio Caiiailii Mill in !77l," LoihIdu. IK!'.). For tniiiiy iiiti'i-cstini,' ilocu- 
iiit'Uts rcliitiiif; tn tlu' state iif alTiiirs ill Qiiclici; Noc MnsiTi's' ■' VciDimt of the I'l'"- 
iriMliir,'s(if tlic Brit is] I mid (itluT I'lotistiuit Iiilialiitiuitsof tlu' I'lux iiuc of (Juubfck 
III North Aiiicrifii, in or Icr to obtain an House of Ass('iiilil\ in that i'l'Dviiice." atiii 
also his '■ Aililftioiiiil I'lijiei-s C^oiieerni'iK the I'roviiico of (Jiieheck." In his " ('nii:i 
iliaii Kreeholili^r " he ilisciisses fu'ly the iiolicy wliirh iiromiileil the inissinu of tlif 
Art. 'I"he author h;iil been Attoiue\ (;eni'r;il of tjilebce fnilii IT'ili to 177-J. See 
also (riirne I : " History of Ciiiala " ItooU XI, ('aji. I. 

- Some <if these "settleiiients" are referred to in .\rt. :i.i of Ilie Montreiil 
('a|iitulation. I'or a very full list of these '■eolonies and settlenu'iits," 
see the Ontario Sessional Papers of l.s7(), No. .'il. p. 11"). Tlu^y were 
distril)ilted aloiij,' the threat la'.es. over tli(> rei^'ion lietweeii Luke Ilrie and the Ohio 
liiver as far wes^ as tlie ?iiississiii|)i, over the territory lietween Lake .Miehi^;,Mi luiil 
the Mississippi, and over the district tributary to the Itecl River and Luke Winnipeg. 
How imieli of all this vast area was iiiehided in tlio Montreal Ciipitulatioii eaiiiint 
now he ascertained, for the Manpiis do \'audreuil. in a letter written in 17iil. 
<loniod liaviiiK evor t,'iven the Kritish authorities any doftnite boundary of the 
surrendered territory. On this point sei^ the collection of doeuiiients eiititleil 
'■ Ontario Hoimdaries before the I'rivy Coiiiicil. iHSl," and the ".\niuial Ue^'ister" for 
1761. The French settlers on the Illinois were especially in>;ent in their reipicsts 
for soino regular form of i^'oveninieiit. 

3 This word played a verv important jvirL in the controversies which took [ilace 
between 1M)7 nnd Ish'.i, aliout tlie western limit of the I'roviiice of Oiitiirio. If 
taken to mean "duo north" that limit would have been platted as fur castas 
Thunder Hay. Taking it to mean " in a northerly diroction "—('.('., aloiij,' the 
Mississippi towards its source— the .Iiidiciil Committee of the I'rivy Council in 
Issl placed the limit at the " Northwest Ant,do " on the Laiie of the Woods, and 
tills finding' was in IKS'.I conllrmed by .Vet of the Imperial rarliameut. 

• In a memorial sent to the F.arl of Dartmouth in 17i'4 by a u miberof the Fri'iich 
inhabitants of Quebec th(» petitioiiors make this statement; "In the yt'ar 17(il, 
your Majesty deimuid to briiii,' to a close tint military (ioveriimeiit in tliis Province 
for the purpose of iiitroduciu,' tlio civil j,'overnineiit, and from tlie time of this 
chan^'e we realise I the incoiiveniiMice which resulted from the Mritish laws, which, 
until that time, wore totally unknown to us " In the same memorial the popula- 
tion is estimated to bo upwards of i Hi.OO), and tne British Ciovermiieut is petitioned 
to nniic.x to tjueboc "all the upiicr districts known under the names of Missili- 
innckiiiac, Detroit, and other adjacent places as far as the Hiver Mississippi," with 
a view to the re.-iulation of trade and the collection of debts. 

■'■ For copies of some of the commissions to judiics and other ollicers sec Maseres' 
" I'oUectiou of Commissions." .\s to the ri^ht of Parliament to make void the 
Uoyal I'roclamation see Lord Alanstield's judf^ment in ViiiiiiilnUw Hull. 



AND SLPPLEMENTAUY ACTS. 



l()i> 



« Tliis Act is 1 Elizalictli, cti\\ 1, and is iMititlfd " An Act to restore to tho Crown 
the Aiicitiit Jurisdiction ovcir tlio Kstato KcclfsiHHtical and Spiritual, and alidliHli- 
Ani nil foreign powers repuKinmt to the sanie." Tiie citation Ihti' is from section 
\>K wiiirli enacts: " tliat no foreign prince, per-^oi;. prelate, state iir potentate, 
spiritual or temporal, shall at any time, after tlu last day of this sessiini of Parlia- 
luent. use, enjoy, or exercise any manner of power, jurisdiction, superiority, 
iiutlinrity, preheminonce or privilege, spirittnil or ecelesiustical, within this realm. 
or within any other your Majesty's dominions or countries that now he, or hereafter 
-hail he. hut from thencoforth the same shall ho clearly aholishi'd out of this 
ifaliii. and all other your Hit,'hnc>ss' dominions forever; any statute, ordinance, 
.■i-tou), c"nstitutio!is, or any otner matter or cause whatsoever, to tho contrary 
iirjtwitlistandinn.'' 

■ I omparo Article J" of the Capitulation of Montnal. 

- Comparo tho provisions respecting tho support of a Protestant Clci'fe'y in tiie 
('.institutional .\ct, 17'.)1. Tithes were abolished in L'ppcr Caiuula hy Act of the 
Parliament of that Province I'J (ieo. IV,, cap. :V2i. 

:< Section h) of the Act of Supremacy 1 1 Kli/,, cap. I) prescril)es tho oath liere 
referred to, which all "ecclesiastical jiersnns and oflicers" wen? hoinid to take. 
The text is here K'ivon for convenience of comparison with the one suhstituted for 
ir :— " I. A. IV. (h> utterly t.-stify and declare in my conscience, that the (^»ueen's 
Hi'.'linessis the only Supremo (iovcrnor of this real m. and i if all other her llij^hness' 
•clciininioiis and countries, as well in all spiritual or ecclesiastical things or causes 
• ns temporal; and that no foreiKu prince, person, pi'ela'.e, state or potentate, hath 
•■ or ouulit to have any jurisdiction, power, superiority, i)reheminence,orauthority, 
"ecclesiastical or spiritual within thi-^ realm ; ami thcri'fure I do utterly renounce 
■•aiid forsake all foreign jurisdictions, powers, superiorities and authorities, and 
"do promise Luat from henceforth I shall hear faith and true allegiance to the 
"Queen's Ilif^hness, her Heirs and lawful successors, and to my power shall assist 

and defend all jurisdictions, prehominences, privileges and authorities granted or 
■ 111 lonuin;,' to the Queen's Highness, .her Heirs and Successors, or tinited and 
"ainie.\ed to tho Imperial Crown of this realm. So help me God, and hy the 
•'contents of this Hook." This oath of Supremacy was abolished hy the 
" rroniissory Oaths .\ct, l.S().S" (HI iV 3;2 Viet. Cap. 7'-'>. 

10 Compare Art. 33 of the Montreal Capitulation, and .\rt. 1 of the Treaty of 
Tiiris, 17l„- 

11 The •' benefit of the laws" of KiiKlaud was hy tho Koyal rroclamation of 1763 
conferred on the inhabitants of Quebec. .\s to the extent to which Knf.;lish law 
was by this means introduced, see Note 5 to (iovernor .Murray's Commission. 
Knf,'!is!i law was reintroduced into Upper Canada in IT'.'ii by the first Parliament 
01 that Province i:i;2 (ieo. III., cap. 1). 

'■'- The land of Canada was ^,'raiited during' the I'^rcnich period on feudal tenures, 
I"ra ilescription of which set! Parknian's "Old He^'iiiie in Canada." aiirl Kings- 
forcVs ''History of Canada," Hook III.. ChaptiT 1. I'or some time after the con- 
Uiiest the Hritish Government contemplated niakiii;,' further !,'rauts on this tenure, 
and actually instructed Governor Carletou in 1775, and a^ain in K'Sti to do so ; but 
ultimately this policy was abandoned, and efforts were made to bring about the 
abolitiiiu of feudal tenures. This was accomplished by Act of the Canadian 
I'ar!ii;nient in l.s.")l (Its \ict.. cap. 3). Tenure in trei' and common soccage was not 
elf.'ctually introduced till n.V.t, in spite of the efforts of U. K. Loyalist immi- 
yrauts. See Houchette's " British Dominions in North America," Vol. I., Chapter 14. 

li For such "alterations and auiendni. nts" see the ordinances in vol. O. of the 
"Statutes of Lower Canada. ' 



110 



THE QUEBEC ACT, 



i< For an exi)lanation of the allowed iiiospediency of calling an As<cin'hly .,■,. 
■Cavonilish's 'Debates," and :\Iasores' '-Account" and ''Papers" nicntiniit'il lu 
Notcl. 

1'' For the means of raisin'.; a Frovincial revenue see 11 Geo. II!., caii ss 
Four years after tlie passiu},' ol that .\ct there was ))assed another ils (ieortc 
III,, ('ap. I'il, which declared that the Kin« and Farlianient of (u-eat liritii;!i 
would no lon^;er tax tlie coloniep, hut tliis declaratiiin did not tnke effect i;i 
Qnclieo. For ordinances passed by the Council dealiuK witli nil, 'ci])iii 
matters see vol. (). of the '■ Statutes of Lower ("ainula " No municipal machiiaiv 
was ever ortiHiiized for tlie Province umler this section. In .\ppendix C toLni.i 
Durham's Report will be fomid an account of the general character of tin- 
municipal let,'islatioii of tlie Council of 1774-17'.U and of the .\ssenibly of 1791-lSiT 

1'' The Imperial Tarliament had always assumed the rii,'ht to regulate the 
trade and commerce of all the col'>' ies, as we.l as to tax tliem. The very 
statute ( 18 (iei)i-ne III., cap. 112), whi' h in 177t< r.nnounced the abandoniiieiit of tlu- 
hotter claim, reas;ierted the former. 

17 The text is reprinted from tlie Imperial "Statutes ut IjRr},'e," London, i;:.;. 
The statute is 11 (ieorgo III., cap. sw. 

■ •^ The date of the imposition of these duties could not be defhiitely ascertiiiiuil 
after the cession of C.inada to (ireat liritain, iis appears from an account ^.'ivimi 
by .Maseres, in his " CJollection of Several Commissions," of two unsucccsslul 
attempts made by the Hritish (ioverninent to enforce by law the payiiKUii of new 
duties imposed by (Jovernor Murray. The Freiicli duties were said to liavc been 
paid for at leist fifty years before the coiujuest. 

11' Tliis d^s •riminatioii iii,'aiust trade with the other Hritish Provinces cmiiii 
not fail to a.4j,'ravato the ill-feeling; already aroused by the Quebec .\ct. 

'JO So in the text of the " Statut(!S at LarHo." 

■Ji See Act 1 <t'2 William IV., cap. '2^. 

•J'.! The CoimiMssiou to (iGiu>ral Murray to act as Viee-.\dmiral was isMicd ■n 
the I'.lth of .March, 17(>4. It is given in full in Maseres' " Collection of Several 
CoininiBsions." 

'^:i Kefc^rrin.; chiefly to the payments by seigneurs to the Crown under the feudal 
tenures, but includiiu;also escheats. 

•Ji Tliis statute is 15 (ieorge 111., cap. ID The text is reprinted from the Inipcn ai 
■"Statutes at Large," London, 177ii. 

'i'> The .\ct amended and explained is 14 (iourge III., cap. iS,s. The text of it 
iiuniodiately precedes this .\ct. 

'ii' Alcoholic licjuors from a very early jii'riod in tlie history of both the I'rcnili 
and t '■ Kiiglish colonies, played an important part in the fur trade with the 
Indiais In Canada there were constant disputes about the matter between the 
Hishop and the (iovernor. See Kingsford's " History of Canada," Hook II., cliai' 
11 ; Hook III , chaps. '> and h; H.iok X , chap. 'J; and other passages. 

-7 This op.ned up to the liijiior traHic the routes from New York and .Mbany t . 
the Canadian Northwest and to the upper Mississippi. 

■■>f< This Act is l,s (reorgo III., cap. VI. The text is taken from the Lnpurial 
" Statutes at Large," London, 17S0, It was the outcome of a vain attempt to win 
back the revolting colonies to their allogianco to (rreat Britain, and. tliou^ili 
apparently broad enough in its title to include Quebec, it was obviously not in 
tended to repeal the Quebec Heveiiue .\ct of 1774 (14 George III., cap. Hs, above . 

•ft' The right of the Imperial Parliament to tax tlio colonies was first practically 
.assorted liy the passage of the Stamp .\ct in 170.) i.j George III., cap. Pii I'lii- 



AND SUPPIiEMENTARY ACTS. 



Ill 



nn? ri'iiL'ftled tlie followiiif,' yeiuMfi Gooru'u III., cnii. Ili, niid nt tho sniiie time lui 
Act t:(ieor^o III., caii. l-Ji, was [lassoil (lecliiriiit,' tlia': tlio li>Kislativo aiitliority of 
(ireat Hritaiu e-xteiidtd to all tliu colonies, in all casts wliatsoever. It was in ti.e 
iklmti' on this declaratory Act that Lonl Mansfield mado his celebrated sj)eech to 
jiruvf the '•ri^iht" of Great Britain to tax her colonies, and that William Pitt 
iiftiiwards Lord Chatham) made liis e<iually cclehrated speech to prove tho 
ixlU'iUency " of refraining; from the exercise of that ri^ht. In 17(17 an .\ct i7 (ieo. 
III., cap lOi was passed imposing; certain c\istoiris duties on yoods imported into 
thi' colonies, and in 1770 this was repealed, liy ID Geo. III., cap. 17, as to several of 
liii- iliities; the dnty on tea was maintained till the Act of 1778 was passed. 

'J The name K'ven to the Provincial Lej^'islaturcs (jf .Massachusetts and Con- 
in'cticiit. 

1 <'(inipait' with this preamble the lantiuafje of tlie declaratory .\ct referred to 
ill Note li'.l above, wliicli allirms that tlie Kinj,', Lords, and Commons in I'arlia- 
iiifiit assembled, "had, hath, and of rif,'ht otif^'ht to have, full power and authority 
toni.ilu' laws and statutes of sullicient force and validity to bind the colonies and 
luM'iile of .\iiierica, subjects of tlie Crown of (ireat Hritain, in all cases wliat- 
-iifM r." In 177.5 Hurke introduced a bill embodying tho main features of thi.s Act, 
liiit it was then defeateil in the Itous(> of ( ommons by a majority of '210 to 105. 

- 7 Geors,'e HI., cap. 1(1. 

■ Tliis .\ct is 1 iV •! William IV., cap. -Zi. The text is reprinted from the Imperial 

Stiitntes at liarye,'' Ijondon, Isj'J. It was passed in comidiance with a demand 

iri'Ui Cpper and lioWer Canada fur the privilet,'i' of controlling the expenditure of 

tiir;i' nwii revenues. Compare with the pruvisioiis of this .\ct, sections IG and 17 

"I tlic Constitutional .\ct, 17111. 

1 See tlie Constitutional .\ct 1711! . 

On the use ma<le b\- tlie 1 ei^'islntnres of this piwersee Lord Durham's Ke- 
I 'lit. ami Cliristie's " History of Lower Canada." 



112 



THE CONSTITUTIONAL ACT 



THE CONSTITUTIONAL ACT, 1791, AND 
SUPPLEMENTARY ACTS. 

All Ad^ to rcjiKiJ ci'iiii'ni /xii'ts nf mi Art. jmssrd in tin fmirtii niJt 
i/ciir itf lli^ Miijrsfi/'s rc'hiii. iiititnliil '' A ti Act Inr iiiiil.iini 
iiKirc r/i'niiiiil jirdri.^iiiii fur tlir < inrmiiiiiiit nf tJir I'mrinii' ni 
tjitihi'r, in \iirtli Anil riiii ." mnl /" nniln further /irnrislmi 'nr 
tlw Ciiirrniniciit nf thr .s'//'/ ['mriinr. 



Vri'iimblo. WmciiiAS an Act whs p i-^s^mI in the fonrteoiitli year of tlie 

lUico. III., Ye\<<i\ of liis i)i'eseiit IMajestv, intitiiKnl " An Act for iniikiim 
LMj). .s;j roeitcd. ' ,v . i ■ • t \i / • .. t ii i. 

iiioix' cllcclual provisioii for the tiovernnu'iit of the Iroviju-'' 

of Quebec in North Ainei'ica "' : Ami whereas it is expeilieiit 

and necessary tliat further provision shouhl now be uhXih.- 

for the ^ooi] (iovernnient ami [irosperity lliereof : May it 

tlierefore please your most IJxcellent Majesty that it may bf 

enacted ; and be it enacted by the Kinj^s Most Jlxcellcnt 

^Majesty, by and witli the advice and consent of the Lonls 

Hpiritual and Temporal, and Commons in t'.iis present I'ar- 

liament assembled, and by the authority of the same, th;it 

So Miuch of re- so mucli of tlie said Act as in any manner relates to tlio 

relates to tlio appointment of a Council for the affairs of tiiesaid rroviuci.' 

appoiiitiuoiit ,,f Quebec, or to the i)o\ver t^'iven bv tlie said Act to the said 

ol a. ( DuikmI fur t > i m 

Quel)iH', or its Council, or to the major part of them, to make ordinances 

pealed. ^^^' *'"-' l'<-'ivce, welfare, and f,'oou Ciovernment of the saul 

Province, with the consent of Ilis ^Majesty's Ctovernor. 

Lieutenant-Governor, or Comnumder in Chief for the time 

being, shall be, and the same is hereby repealed. 

II. And wliereas his ^Majesty has been pleased to sijjnify. 

by his messat,'e to both IIousi's of Parliament, his Koy^d 

intLMition to divide his I'rovince of Quel)ec into two sepamlr 

Provinces, to be called the Province of I'pper Camida and 

the Province of Lower Canada:'^ Be it enacted by tlu- 

M'itliiii ciicli of authority aforesaiil, that there shall bo within each of tl'c 

rrovim'.'sa' "'^''^ Provinces respectively a Lej,'islative Council and au 

licnisliitivo Assemblv,-' to be severallv composed and constituted in the 
Ciiuiii'il ami - 1 • i, 1 '•, 1 , I , - , 1 

Assembly to manner hereinafter descril)ed ; and that in each of the siiul 



AND SIPPLKMKNTARY ACTS. 



113 



Provinces respectively, His Majesty, Ilis Heirs, ami Sac- bo cnnstitiitiMl. 

1 11 1 ' 1 ■ i"i ^ /! ii • by whosf ad- 

cissors, sliall liavo power durm^ tlie continuaiioe of this yj,,,. )|j^ -^[jj. 

Act, bv and witli the advice and consent of the ]^eiiisl!itivei''^'> 'l'''-^ ^ 

niiiUt' liiws i(vr 

Council and Assembly of sueli I'rovinces respectively, to tin- (iciviin 

make laws for the peace, welfare and good Ciovernnieut ]'>',!, .'('j,',^,,,' "' 

thereof, such laws not being rcinignant to tiiis Art : and 

that all such laws, being passed by tlie Legislative Council 

and Assembly of either of the said l'r(ninces respectively, 

and assented to by His ^lajestv, His Heii's or Successors, 

<ir assented to in His ^Majesty's luune by such person as 

Ilis ^lajesty, His Heirs or Successors, shall from time to 

time appoint to be the Governor or LieutenantCio\ernor of 

such Province, or by such person as His [Majesty, His Heirs 

<u' Successors, shall from time to timeajjpoint to administer 

till' ("rovt'rnment within the sanu?, shall be, and the same 

a)'e herel)y declared to be, by virtue of and under this Act. 

\;Uid and bindim,', to all intents and purposes whatever. 

within till' I'roviuce in which the same shall have been so 

passed. 

III. And be it further eiia(>ted by the authority aforesaid. His >bijesiy 
, ^ ., ,, » i-^ i- " 1 T • 1 i" ,^ -1 iiiav authuii, (! 

tliat tor the pur^Hise or constituting such Legislative (ouiicil, tlio"(icivL'nior 

as aforesaid, in each of the said Provinces resiiectivelv, it '?' '''''"'^'"'"'"" 

' • {TOVlTlliif lit 

sliall and may be lawful for his ^lajesty, his heirs, or sue- eacli rro, ince 

, ' ■ , . II- i.\ ■ ■ 1 i til sminii'iu 

ocssors, l)y an instrument under Insortlieir si<_'n manual, to ,,„,,||i„,,.^ ^^ 

autliorize and direct the Governor or Lieutenant-lJovernor, ^'"' Jjet!i>;ativo 
or person adimiustering the Government, in (sacli of the said 
Provinces respectively, within the time herein after men- 
tioned, in His Majesty's name, and by an instrument under 
the (jreat Seal of such Province, to summon to the said 
Legislative Council, to be established in each of the said 
Provinces respectively, a sut'ticient number of discreet and 
[ii'oper persons, being notfewer tiian seven, to the Legislative 
Council for the Province of I'pper Canada, and no 
fewer than fifteen to tlie Legislative Council for the 
Province of Lower Canada; and that it shall also 
be lawful for his IMajesty, his heirs or successors, from 
time to tim.', by an instrument under his or tiieir sign 
nniiual, to authorize and direct the Governor or Lieutemint- 
(ioveriior, or person administering the Governnu'iit in each 
of the said Provinces respectivel>', to sumiimn to the Le^'is- 
lati\e ('ouncil of sn(.'h Prosinee in like mamu'r such other 
p.isiins as his ^lajesty, his heirs or successors, shall thiiiK 
111 : and that every person who shall be so summoneil to the 
Legislative Council of either of the said Provinces respec- 



114 



THE CONSTITUTIONAL ACT 



fp (^ 



lively, shall thereby become a member of such Lej^islative 
Council, to whicli lie shall liave been ho summoned. 

No person ]V. Provided always, and be it enacted by the anUmrits 

inider 21 years - • i ii * i n u i i. ^i i • , 

of ML'o, etc., to aioresaid, tliat no person shall be summoned to tlie litf^isla- 

besunmioiie.l. tive Council, in either of the said Troviiices. wlio shall unt 

be of the full aj^e of twenty-one years, and a natiu'al l)orii 

subject of his Majesty, or a subject of his Majesty natural- 

(, ized by Act of the British Parliament,^ or a subject of Ins 

^Fajesty havinu become such by the con([uest and cession of 

the Province of (Jainida. 



Members to 
liold their seats 
for Hfe. 



His Miijosty 
luiiy liMiiox to 
liorcilitnry 
titles of lidiior 
the riHlit of 
lieinti Sinn- 
iiioni'il to till! 
lii'tiisliitivo 
Comifil. 



\'. And i)e it further enacted by the authority aforisaid, 
that every member of each of the said Legislative Councils 
shall hold his seat therein for the term of his life, but subject 
nevertheless to the i)rovisions hereinaftia' contained for 
vacating the same, in the cases hereinafter specified. 

VI. .Vnd be it fui'tlur enacted by the authority aforesaid, 
that whenever his Majesty, his heirs or successors, shall 
think proper to confer upon any subject of the Ci-own nf 
(ireat Britain, by letters patent inider the fireat Seal of 
either of tiie said Provinces, any hereditary title of honor, 
raidi, or dij^nity of such Province, descendible acciordinj^ to 
£^^ any course of descent limited in such letters patent, it shiill 

and may be lawful for his Majesty, his heirs or successors, 
to annex thereto by the said letters [latent, if his Majisty. 
ids heirs or successors shall so think tit, an heri'ditary ri^iil 
of beino summoned tithe Leojslatis'e llouncil of such i'ro- 
vince, descendible accordin;^ to the course of di^scent so 
limited with res))ect to such title, ranl\, or dignity ; and tiiat 
every person on whom such iMLjht shall be so conferred, or to 
whom such riu'ht shall severally so descend, sluill thereupon 
be entitled to demand from the (iovernor, Lieutenant Gov- 
ernor, or person administernif^ the Government of such Pro- 
vince, his writ of summons to such Lej^islative Council at 
any time after he shall have attained the a^e of twenty-one 
years, subject nevertheless to the provision hereinafter con- 
J) tivined.'* 

Suoli (lepcen- VII. Provided always, and be it further enacted by the 
forfeited 'and f^tithority aforesaid, that when and so often as any person 
to whom such hereditary ri^ht shall lia\e descended shall, 
y^, without the permission of his Majesty, his heirs or suc- 

cessors, si>^nified to [the Legislative Council of the Province 
by th(^ (iovernor. Lieutenant-Governor, or person adminis- 



teni 

said 

tiuii' 

llie 

sliall 

;lt tl 
(hltt' 
iipplv 
lime 

any 

sue 

olie( 

siicl 

iiniiis 

ri','ht. 

luiy 1 

niaiui 

tlie s;i 

or pe 

vinei;^ 

vioiis 

u|)piy 

toiiciii 

Counc 

heirs 

therec 



AND SUri'LEMENTAUY ACTS. 



115 



tcriiiu tlic Government tliero, have been absent from tlie 
said Province for the sjjacc! of four years c<")ntiniially, at any 
tiiiie lii'tween the date of liis Hucce(>din^ to such ri^^ht and 
the time of liis ai)[)lyin<4 for such writ of sunniions, if lie 
sb;tli liiive lii'en of the age of twenty-one years oi- upwards 
at tile time of his so succeeding, or at any time between the 
(late of his attaining the s: id age and the time of his so 
aiipl\ ing. if he shall not have been of the said a<^'e at the 
tiiiii' of his so succeeding ; and also when and so often as 
any such [ti-rson shall, at any time before his applying for 
^-Ul■ll writ of summons have taken any oath of allegiance or 
cilndii'iice to any foreign [irince or [lower, in any such case 
such prrson sliall not be entitled to rec:eive any writ of sum- 
mons to the Legislative Council by virtue of such hei'cditary 
fi'^lit, unless his !\[ajesty, bis heirs or successors, shall at 
any time think lit. by instrument under his or their sign 
iiianiial, to direct that such person should be summoned to 
the said (.'ouneil ; and the (Jovernor, Ijieutenant-dovernor, 
or person administering the (io\ernment in the said I'ro- 
viiices respectively, is hereby authorized and required, pre- 
vious to granting such writ of summons lo any person 
applying for the same, to interi'ogatesueb person upon oath, 
touching the said several particulars before such Ilxecutive 
Council as shall have been appointed by his Majisty, his 
heirs or successors, within such Province for the affairs 
thereof, 



VIII. Provided also, 



and 



be it further enacted by the Si ats in Couu- 

hI hi 

ISOS. 



authority aforesaid, that if any member of the Legislative ^.\',.,^',^'j';i''|.'|^'^ '"' 



Councils oC either of the said Provinces respectively, shall 
leave such Province, and shall reside out of the same for the 
space of four years continually, without the permission of 
his Majesty, his heirs or successors, signified to such liCgis- 
lative t.^ouucil by the Governor, or riieutenaiit-Governor, 
or person administering his ^fajesty's Government there, 
or for the space of two years continually without the liki> 
pt'rniission, or the permission of the (rovernor, Lieutenant- 
(iovernor, ov person administering the Government of such 
Province, signilied to such Legislative (!oimcil in the manner 
aforesaid; or if any such member shall take any oath of 
allegiance or obedience to any loreign prince or power, his 
seat in such Council shall thereby become vacant. 

I\. Provided also, and be it further enacted by the ll< ivihtai > 
authority aforesaid, that in every ease where a writ of sum- s!-,t'sVo U r- 
ii.r.c— 8 



r 



116 



THE CONSTITUTIONAL ACT 



foitcrt, or 
vacated, to le- 
iiiain Kusiioiid- 
i;(l dui-iiiu the 
lives of till) 
parties, but fiii 
tlieir doatliH 
to t»o to tllH 
(lorsoiiH next 
entitled there- 
to. 



mons to s'loh Let^islativo Council slmll have been lawfiillv 
witliheld from any person to wlioni sucli hereditary rij^lit.as 
aforesaid, shall have descended, by reason of such absence 
from the Province as aforesaid, or of liis havinj,' taken an 
oath of alle^'iance or obedience to any foreij^n prince or 
power, and also in every case v/here the seat insiicli Council 
of any member thereof, havinj,' such hereditary rij^ht as 
aforesaid, sliall have l)een vacated by reason of any of the 
causes hereinbefore specified, such hereditary ri^ht shall 
remain suspended duriuj,' the life of such person unless his 
Majesty, h's heirs or successors, shall afterwards think (it 
to direct t'lat he be summoned to such Council ; but that on 
t! o dc! ach pei'son such rl^ht, subject to the provisions 

herei/; . ■ i)< i, shall descend to the person who shall next 
be eniiticd thereto, accordinf? to the course of descniit 
limite>l in the letters patent by which the same shall have 
been oiisjiiu " coi ' d. 



Seats in Coun- 
cil forfeited, 
and li(!Vedi- 
tary ri«lits 
extinf^uislu'il, 
for treason. 



Questions ve- 
sjiectiuj,' tliti 
n^lit to lie 
sunnnoned to 
Couneil, t'lc, 
to be deter- 
mined as lierc 
in nicntioiu'd. 



X. Provided also, arri be it further enacted by the author- 
ity aforesaid, that if any member of either of the said Lof^is- 
lative Councils shall be attainted for treason in any Court 
of law within any of his Majesty's dominions, his scat in 
such Council shall thereby become vacant, and any such 
hereditary ri^^ht as aforesaid then vested in such person, or 
to be derived to any other person throuj,'h him, shall be 
utterly forfeited and extinf.;uished. 

XI. Provided als 1, and be it enacted by the authority 
aforesaid, that whenever any question shall arise respecting' 
the ri<»ht of any person to be summoned to either of the said 
Lej^islative Councils respectively, or respectinj^ the vacancy 

" of the seat in such Lejiislative Council of any person havinj^ 
boon summoned thereto, every such (luestion shall by the 
Governor or Lieutenant Governor of the Province, or by the 
person administerinf^ the Government there, be referred to 
such r.e<^islative (Council to be by tiie said Council heo"d 
and determined ; and that it shall and may be lawful, either 
for the person desiring such writ of summons, or respecting,' 
whose seat such (piestion shall have arisen, or for his 
Majesty's Attorney-General of such Province in his Majesty's 
name, to appeal from the determination of the said Council 
in such case to his Majesty in his Parliament of Great 
Britain: and that the jud^'mont thereon of his Majesty in 
his said Parliament shall be final and conclusive to all 
intents and purposes whatever. 



AND SUPI'LKMENTARY ACTS. 



117 



lie 
to 

■•>1 



■ll 
'111 

ill 



XI r. And be it furtlior enacted by tlie iiuthority afore- The Governor 
said, that the Governor or Lieutenant-Governor of the said 'vince*'niav np- 

Provinees respectively, or the i)erson administerintj His I'"'"' ami 

^ ■' <■ " rpiii()V(( t)i(i 

Majesty's Government therein respectively, shall have speaker. 

power and authority from time to time, by an instrument 

under tlie fjreat Seal of such Province, to constitute, appoint 

and remove the Speakers of the Let^islative Councils of such 

Provinces respectively. 

Xlir. And belt further enacted by the authority afore- His Mnjosty 
.,.,,/.,, c L-i. L- 14 11 iiiiiv aiith())iz(! 

said, that for the purpose ot constituting such Assembly as tho'ciovcnior 

aforesaid in each of the said Provinces resiiecti\(lv. it shall tocall to^otliiT 

. ' tlio Asseuilily, 

and may be lawful for his IMajesty, his heirs or successors, 

by an instrument under his or their sign manual, to author- 
ize and direct the Governor or Lieutenant-Governor, or 
person administering the Government in each of the said 
Provinces respectively, within the time hereinafter men- 
tioned, and tliereafter from time to time as occasion shall 
require, in his Majesty's name and by an instrument under 
the Great Seal of such Province, to summon and call together 
an sembly in and for such Province. 

XIV. And be it further enacted by the authority aforesaid, aiul, for tlid 
that for the purpose of electing the member of such Assem- elcciiuK tin! 
blies respectively it shall and may be lawful for his Maiestv, !i"eiiibei-s, to 
his heirs or successors, l)y an instrument under his or their niiUion divid- 
sign manual, to authorize the Governor or Lieutenant- yj,"(.i, j„t,, dj^. 
Governor of each of the said Provinces rcspi'ctively, or tin; t>''i:ts. etc. 
person administering the Government tlurein, within the 
time hereinafter mentioned, to issue a proclamation'' divid- 
ing such Province into districts, or counties, or circles, and 
towns or townships, and appointing the limits thereof, and 
declaring and appointing the number of representatives to 
be chosen by each of such districts, or count i(s. or circles, 
and towns or townships respectively ; and that it shall also 
be lawful for his Majesty, his heirs or successors, to author- 
ize such Governor or Lieutenant-Governor, or person 
administering the (Jovernmenti from time to time to nom- 
inate and appoint proper persons to execute the oH'ice of 
returning-ofHiccr in each of the said districts, or counties, or 
circles, and towns or townships respectively; and that sucii 
division of the said I'rovinces into districts, or counties, 
or circles, and towns or townships, and such declaration 
and appointment of the number of representatives to be 
• ■liosen by each of the said districts, or counties, or circle^, 



118 



TIIK CONSTITUTIONAL ACT 



7 



I'dWrr of tll(! 

(iiivcrniir to 
iipimiiit rp- 

tlll'llill^'OirK'l!l"S 

t<i cDiitiiiiKi 
two yciu's li-oiii 
tlicciiiiiinciu'o 
iiuiiit (it' this 
Act. 



li^'cil to servo 
lis rc'turiiiiiL; 
oHiiiT nioru 
tlian oiKH' iiii- 
li'ss otlicrwisii 
pro V idol iiy 
nil Act of tlio 
I'roviiico. 



Nuiiilior (if 
iiieiiilicrs ill 
each I'roviuco. 



Kot,'iiliitioiis 
for issuiii'^ 
writs for tlio 
cltH'tioii of 
nii'iulicrs to 
servo ill tlio 
AHseiiililies. 



and towns or townships, rospoctivi-ly, and also such nomin- 
ation and appoiiitniont of retnrnin,L,'-(ifficcrs in tlie same, 
shall bo valid and (■ffcc^tiial to all the [mrposes of this Act, 
unless it shall at any time be olherwisc provided by any Act 
of the Lc;iislative (Council and Assembly of the l*ro\ince, 
assented to by his Majesty, his heirs, or successors. 

X\'. I'nnided nevertheless, and be it further enacted by 
the authority aforesaid, that the pro\ision hereinbefore con- 
tained for emjiowerin;,' the (lovernor, Lieiitenant-dovernor. 
or person administering; the (lovernment of the said Pro- 
vinces respectively, tinder stich authority as aforesaid from 
his Majesty, his heirs or successors, from time to time to 
nominate and appoint pr(>per persons to execute theofticeof 
retiirninjLl-onicer in the said districts, counties, circles, and 
towns or townshiiis, shall remain and continue in force in 
each of the said I'rovinccs resjiectively for the term of two 
years from and after the commencement of this Act within 
such Province, and no lom,'er ; but subject nevertheless to be 
sooner repealed or varied by any Act of the Ijej,'islative 
Council and Assemlily of the Province, assented to by his 
Majesty, his heirs or successors. 

XVI. Provided always, and be it further enacted by the 
authority aforesaid, that no ])erson shall be oblii^ed to exe- 
cute the said ol'lice of returnin>,'-ol'ticer for any lon^jcr time 
than one year, or oftener than once, unless it shall at any 
time be otherwise jirovided by any Act of the Lej,'islati\e 
Council and Assembly of the Province, assented to by his 
IVIajesty, his heirs or successors. 

XVII. Provided also, and be it enacted by the antliority 
aforesaid, that the whole number of members to be chosen 
in the Province of Upper Canada shall not be less than six- 
teen, and the whole number of members to be chosen in 
Tiiiwer Canada shall not bi' less tiian fifty. 

XN'III. And he it further enacted by the authority iifoio- 
said, that writs" for the election of members to serve in the 
said Assemblies respectively shall be issued by the (iovernor, 
liieiitenant-dovernor, or person administering,' his ^Majesty's 
(iovernment within the said Provinces respectively, within 
fourteen days after the sealing of such insti'ument as tifore- 
said for summoning and calling to;,'Lther such Assembly, and 
that such writs shall be directed to the respective returning- 
ollicers of the said districts, or counties, or circles, and towns 



AND SUPPLKMKNTAUY ACTS. 



Ill) 



or townships, and that such writs sliaii ho maih' rctiirniibli' 
witliiii fifty (hiys at fiirtiiest from tlie day on wliich they 
shall h(!ar date, unless it shall at any linu; l)cM)tlRrwiso |)ro- 
vided by any Act of the Lej,'isiative (,'oiuicil and Assenihly 
of the Province, assente(l to hy his Majesty, his heirs or 
successors ; and that writs shall in like manner and form 
be issued for the election of members, in the case of any 
vacancy which shall liapi)en by the death of the person 
chosen, or by his beiuL! summoned to tiie I-e^^islative Council 
of either Province, and that such writs shall bo made 
returnable within lifty dmys at farthest from the day on 
wi'i(;h they shall bear date, unless it siiall at any time bt; 
otliorwiso provided by any Act of the Let^islativo Council 
and Assembly of the Province, assented to by his !Majesty, 
his heirs oi' successors; and that in the case of any such 
\acancy which sluill liappen by the deatii of the person 
chosen, or by reason of his beinj; so summoned asaforestiid, 
the writ for the election of a new member shall be issued 
svithin six days after the sajiie shall be made known to the 
(iioper ot'licer for issuing such writs of election. 

XIX. And be it further enacted by the authority afore- Ket lu-iiiiit,' olli- 
said, that all aiul every the retununj.;-oiiicers so appointed \v,Hs, 

as aforesaid, to whom any such writs as aforesaid shall be 
directed, shall, and they are hereby authorized aiul required 
duly to execute such writs. 

XX. And be it further enacted by the autiiority aforesaid, Hy whum tlie 
tliat the members tor the several districts, or counties, or t.,, i„. dioseii. 
circles of the said Provinces respectively shall be chosen by 

the majority of votes of such persons as sliall sescrally be 
possessed, for their own use and benefit, of lands or tene. 
u"" „.i within such district, or county, or circle, as the case 
shall be, such lands bcinj4 by them held in freehold, or in 
tief, or in roture, or by certificate derived under the authority 
of the Governor and (.'(juncil of tlie i'rovince of (Juebec, and 
bein<,' of the yearly value of forty shillings steilinj^ or up- 
wards, over and above all rents and char^^'cs i)!iyabl(; out of 
or in respect of the same ; and that the members for the 
several towns or townships within the said Provinces 
respectively shall be chosen by the majority of votes of such 
persons as either shall be so\erally possessed for their own 
use and benefit of a dwellnif^ house and lot of j^round in such 
town or township, such dwelling,' house and lot of (ground 
beiut^ by thorn held in like manner as aforesaiil, and beinj,' 



120 



THE CONSTITUTIONAL ACT 



Certain \>vv- 
fioiis not I'li- 
f,'iblo til tlin 
AsHL'inblifs 



of the yearly value of five pounds sterling or upwards, or as. 
liaving been resident within the said town or township for 
the space of twelve calendar months next before the date of 
the writ of summons for the election, shall hoiia fide have 
\nud one year's rent for the dwelling house in which tliey 
sliall have so resided, at the rate of ten pounds sterling per 
annum or upwards. 

XXI. Provideu always, and be it further enacted by the 
authority aforesaid, that no j)ersonsluill be capable of being 
elected ,a member to serve in either of the said Assemblies, 
or of sitting and voting ^therein, wlio shall be a member of 
^ either of tiie said Legislative Councils to be established as 
aforesaid in the said two Provinces, or who shall be a 
minister of the Church of England, or a minister, priest, 
ecclesiastic, or teacher, eitlier according to the rites of the 
Church of Home, or under any other form or profession of 
■ '.igious faitii or worship. 

No iiersoii iiii XXII. Provided also, and be it further enacted by tlie 
at,'(',"i't"<'., ' authority aforesaid, that no person shall be capable of voting 

oiiiuiDli'of v'lt-ni; .^,,y election of a member to serve in such Assembly, in 
ma iir ot bi'iii'^ ^ - , ^ •' 

elocteil ; either of the said Provinces, or of being elected at any such 

election who shall not be of the full age of twenty-one years, 
and a natural born subject of his ^Majesty, or a subject of 
his Majesty naturalized'' by Act of the British Parliament, 
or a subject of his I\Iajesty having become such by tlie con- 
quest and cession of the Province of Canada. 



nor any person 
iittiiinted lor 
treason or 
felony. 



XXIII. And be it also enacted by the authority aforesaid, 
tluit no jjcrson shall be capable of voting at any election of 
a member to serve in such Assembly in either of the said 
Provinces, or of being elected at any such election, who shall 
have been attainted for treason or felony in any Court of 
law within any of his ^Majesty's dominions, or who siuill be 
within any description of persons di'-qualified by any Act of 
the Legislative Council and Assembly of the Province, 
assented to by his Majesty, his heirs or successors. 



Voters, it' re- XXIV. Provided also, and be it further enacted by the 
tVieVoliowiii'' ' fl'iithority aforesaid, that every voter before he is admitted 
Oath, to give his vote at any such election shall, if required by any 

of the candidates, or by the returning-officer, take the fol- 
lowing oath, which shall be administered in the English or 
French language, as the case may require : 



AND SUPPIiKMENTARY ACTS. 



1 O' 

I ^ L 



I, A. IV, do (loelari! ami tustify, in tlie presence of Altni(,'hty (Ifxl, Oatli, 
that I am, to the best of my knc)wU'(lf;o and hi'lief, of tlu' full ni'c of 
twenty-one years, and that I have not voted before at this election. 

And tlmt every sucli person shall also, if so required iis and to make 
, . 1 1 ' ii ■ til- 1 -ii 1 i i oiith to tlie 

iifiiresiiul, mako oath previous to Ins beiii^,' admitted to vote niirticulars 

tliat he is, to the best of his knowledfje and belief, duly 'j';','''" ^^'^^'' 

jiossessed of such lands and tenenieiits, or of such a dwelling 

Imuse and lot of f,'rouiid, or that he has Ikuki jUlv been so 

resident and paid such rent for his dwelliii}^ house as entitles 

liini, accordiii}^ to the provisions of this Act, to give his vote 

at such election for the county, or district, or circle, or for 

tlie town or township, for which he shall offer the same. 

XXV. And bo it furtlier enacted by the authority afore- Kis Majesty 

said, that it shall and nuiy be lawful for his MajestyJ-is ;y;;,V>;;^!^.';;[,'^^^^^ 

heirs or successors, to authorize the Governor or Lieutenant- '" 'ix the term 

,..,.,,., . , . iiii'l place for 

(loveriior, or person administering,' the (»overiinieiit within hohVnigelec- 

each of the said Trovinces res))ectively, to tix the time and '"J'"^' 
place of holdinj^ such elections, giving not less than eight 
(lays' notice of_ such time, subject nevertheless to such pro- 
visions as may hereafter be made in these respects, by any 
Act of the Legislative Council and Assembly of the Pro 
viiice, assented to by his IMajesty, his heirs, or snccessors. 

XXV'L And be it further enacted by the authority afore- and of lioldinp 
said, that it shall and may be lawful for his Majesty, liis [{||;^'^/,\"';,'J,'-j'' "^ 
heirs or successors, toauth )rize tlie (Joveruor or Lieutenant- "'"1 Assembly. 
Governor of each of tl:e said Provinces respectively, or the 
person administering the Government therein, to fix tli(! 
places and times" of holding the first and every other session ^ 

of tlie Legislative Council and Assembly of such Province, 
giving due and suflicient notice thereof, and to prorogue the 
same from time to time, and to dissolve the same by pro- 
clamition or otiierwisc, whenever he shall judge it necessary 
or expedient. 

XXVn. Provided always, and be it further enacted by tiie rounnil and 

authority aforesaid, that the said Legislative Council and i.,iTu'd tol'other 

mco in twelve 



Assembly in each of the said Provinces shall bo called 
to„'ether once at the least in every twelve calendar months, 
and that every Assembly shall coiitiuue for four years from 
the day of the return of the writs for choosing the same, and 
no longir, '" subject nevertheless to be sooner prorogued or 
dissolved by the Governor or Lieutenant-Governor of the 
Province, or person administering his Majesty's Government 
therein. 



months, etc., 







122 



TIIK CONSTniTIONAI, AC!' 



mill all i|ui-i- XWlll. Anil lir it fiirtlRT I'lmetcd hv the autlioritv nfniv- 

limn tlHT. in • I »i i 11 i' I • 1 1 11 • • »i • 1 T • 

ti) lindicidcd ^iiiul, tliiit all (jiU'siioiiH wliicli sliiill iirisc 111 tliL' siini lit'tiis 

'7*'";""''"''''>l:itiveC(.uiii'ils ov Asscinhlii's rospectivolv sliall he ,l,Mi,|.Mi 

III votes. , ' 

!)>• lliu iiiiij')i'ity of voices of siioh iiu'inlxTs us sliail 1h' jiri'- 
siiit ; anil tliiit in ill! cases wlierc tlii' voices slmll Ijc ((iiml 
liie S])eiil\er of sucii < 'nmicil or Assiiiihiy, as the case iiia\ 
l)e, Klial! Iia\e a casting voice. 



No inoiiiln!!' to 
sit or vote till 
lie lias taUi'ii 
tlio toUowiiiL; 



OiUli 



XX I. \. I'foviiicil always, ami ho it enactoil hy tlic 
authority aforosaiil. that no uieiiihcr either of the l.eoisla- 
tive Coiiiu'il or Asseinliiy, in eitlier of tlie saiil rroviiices, 
siiall be i)(;riiiitteil to sit or \ote therein until he sliall have 
t ikeii and siihseribud the following,' oath, eitlier Ix fore tlic 
(xovornor or Lieiiteiiaiit-dovernor of snch I'rovince, or per- 
sjii adniinisterino the (ioverninent therein, or before some 
parson or persons iititiiorized by the said (ioNirnor i>r Lien- 
tonant-tiovcrnor, or other person as tiforesaid, to administer 
such oath, and that tlie same shall be adminish red in the 
llnolish or French la.ii^iia'^e, as the case nniy rei|iiire : 

I, A. H,. ilo siiiriTcly |iroiiiisi> ami swear i liat I will I'o luitlifnl iind 
liear true alleL,'iiim'e to his Majesty. Kiiiu; (it;ort,'i', iis law fill Sovereif^ii 
of the Kiuijdoiii of (ireat J^iilaiii, mid of theses Provinces di iieiiii(>iit 
ou and boloiiKiii^' to the said Kiiu;ili)iii ; and tliat I will dcfeiiil liini 
to tlio utmost of my power against all traitorous consiiinicies luil 
attempts wliatevei whieli shall bo made at^ainst his person, crown, 
and di^'iiity ; and that I will do my utmost endeavour to disclose 
Mild make known to his Majesty, his heirs or successors, nil treasons 
::iiil traitorous cons[iiraeies and atteiiiiit.-, which I shall kimw to he 
ai^aiiist Inni, or any of them; and all this I do swear without any 
uiiuivocatioii, mental evasion, or secret resorvalion, and reiiouiicint,' 
all pardons and dispensations from any piu'-on or power whatever 
to the contrary So help me (iod, 

(iovcriior may XX\. And be it further enacted bv the authority afore- 
«ive or with- • i -i ^ i i n i • i i " i ii .i 

holdliis.Ma- said, that wheiu^ver any bill, winch has been passed by tlie 

jostv's assent i.eojslativo Council and by the ]h)use of Assembly in 

to hdls passed "^ •' 

by the lie>,'isla- either of the saiil Provinces respectively, shall be presented 

and .Vssoinldv, ^o'' ^^i^ ^lajesty's assent to the Governor or Lieutenant- 

or reserve Governor of such Province, or iierson adniinisteriii'' his 

thorn for Ins ' " 

Majesty's plea- ^Majesty's Government therein, such Governor or Lieutenant- 

'^"'*' Governor, or person adnnnistering the Governincnt shall, 

and lie is hereby authorized and required to declare, accord- 
ing to his discretion, but subject nevertheless to the pro- 
visions contained in this Act, and to such instructions as 
may from time to time be given in that behalf by his 
Majesty, his heirs or successors, that he assents to such bill 
in his Majesty's name, or that he withholds his Majesty's 



ANI> Sr-Pl'l-KMFNTARY ACTS. 



l-i:? 



a^■;)'llt- fi'Diii such hill, m that, lie I'l'scivt's siirli hill fur the 
si.^;iiticatii)ii of his Ma;csty">i i)l<'asiirf tluTtoii. 

W \I. I'roviilcil always, ami he it fiirtlicr iiiactiMi hv tlic <'ni\(i uui- i.> 
, i n 1 .,^1 * \ 1 11 1 • 1 1 11 1 inuisriiit to tho 

iitliiinty atDiw-iaiil, tli:it whciicvcratiy lull wiiicli shall have sciftiu-v of 

iKVM so Divseutcil fill' his .■MiiJL'Htv's as.snit to such lioviTiior, stiiin iM.pit'n of 

^ ... siicli lulls as 

IjiiMUoimiit-Govei'iiof, or person udininisteriiij^ tho (lovern- Imvi' l)i'(!ii an- 

ini'ut, siiall hy such Govt riior, [.icutonaut-Govt'i iior, or per- '\vii|,.i'| i,js Ma- 

•> ' 1 alininisti^riu^' tlic Govcriiiiii'iit, havo bct'ii assciitud to in i'.'-"'> in t"ini- 

cil mil \ ili'diil'i' 
iii^ Majesty's iiamo, sucli Chucnioi', Licutcnanl-CioviTiior, liis ili^^nllow- 

f ■ 1 1 11 111 1 11 mice of witliin 

1)1- pcrsou as aloi'esaid siiall, lunl iu' is hcrchy ' ''l""''''. hy ,^^.,, ^,,|,, , fi.,,,^ 

tlir first convL'iiiciit opportunity to transmit to one of his 'he icd'hit 
M.ij'Sty's priiiciii.vl Sooretarios of Htatc, an antlR'ntic, copy 
of surh Ijill so assented to ; and that it siiall and may bo 
lawful, at any tiini' within two years after such hill shall 
have heen so re(;ei\ed hy such Si'erulary of State for his 
>Iajesty, his heirs or successors, hy his or their ( )riler-in- 
( 'ouiieil to declar ; his or their disallnwaiici' f)f such hill, and 
that siicli disallowance, toj^ether with a certiticate under the 
hand and seal of such Secretary of State testifyim,' th<! day 
11 which such hill was received as aforesaid, hein;! signified 
oy such Govei'iior, Lieutenant-Governor, or person adminis- 
tering,' the Cjovernment, to the Le^'islative (Council and 
.\ssumbly of such l'ri)vince, or by pr<3clamation, shall make 
void and annul the same, from and after the date of such 
si;4iiitieatioii. 

WXII. And b„' it further enacted hy the authority afore- Mills reseryed 
said, that no such bill which shall l)e so reserved for the ty's iih.iisun! 
sii'mlicatioii of his Majesty's i)leasure thereon, shall liave ".'"^ '," '"'•^''■., 

" . . ' . any '"I'ee till 

any force or authority within either of the said I'rovinces liis :\iiijesiy's 

respectively until the Governor, or Lieutenant-Governor, or nHuiiVat'eci to" 

iiursv-"!) ndministorinL; the Government shall sii-nifv, either""'*'"'""^'',' 
: , . • , ' ^n'' Asseinlilv. 

by speech or raessa^^e, to the Lej^islative CouDcil and 

Assembly of such Province, or by proclamation, tliat sucli 
hill has been laid l)efore his Majesty in C'(juncil, and that 
liis Majesty has been [ileased to assent to the same ; and 
that an entry shall be made in the journals of tiie said Lej^is- 
lative Council of every such speech, messatje, or proclama- 
tion ; and a duplicate tliereof duly attested shall be delivered 
to the proper officer to be kept amonf^st tlie i)ublic records 
of tlie Province ; and that no such bill, wliich shall be so 
reserved as aforesaid shall have iv. y f rce or authority 
within either of tho said Provinces respectively unless his 
Majesty's assent thereto shall have been so sij^nitied as 



124 



THE CONSTITUTIONAL ACT 



7^ 



Ijaws ill f I tree 
at tlio coiii- 
ineiiceiiniiit of 
tliis A''t to con- 
tinue so, ex- 
ciijit repealed 
or varied by it, 
etc. 



I'^stiiiilisliniciit 
of eoiirl of 
civil jurisdic- 
tion in eacli 
Province. 



w 



y 



H (leorno III., 
cti]) Hi), and 



aforesaid, within tlie space of two years from the day on 
which sucli hill shall have been presented for his Majesty s 
assent, to the (iovernor. Lieutenant Governor, or person 
adniinisteriiij^ tlie (rovernnient of such Province. 

XXXIII. .\nd be it further enacted by the autliority 
aforesaid, that all laws, statutes, and ordinances which shall 
be in force on the day to be fixed in the manner herein after 
directed for the coinniencL'nient of this Act, within the said 
Provinces, or either of them, or in any part thereof respec- 
tively, shall remain and continue to be of the same force, 
authority, and effect in each of the said Provinces res[)ec- 
tively as if this Act had not been made, and as if the said 
Province of Quebec had not been divided ; except in so far 
as the same are expressly repealed or varied by this Act, or 
in so far as the same shall or may hereafter by virtue of 
and under the authority of this Act be repealed or varied by 
his Majesty, hi-! heirs, or successors by and with the consent 
of the Le^^islative Councils and Assemblies of the said Pro- 
vinces respectively, or in so far as the same may be repealed 
or varied by such temporary laws or ordinances as may be 
nuide in the manner hereinafter specified, 

XXXIV. And whereas by an ordinance passed in the Pro- 
vince of Quebec the (Jovernor and C'ouncil of the said I'ro 
vince were constituted a Court of civil jurisdiction for hear- 
in;,' and determining' appeals in certain cases theiein speci- 
fied, be it further enacted by the authority aforesaid, tliat 
the (iovernor. or Lieutenant-Governor, or pt'rson administer- 
ing the Government of each of the said Provinces respec- 
tively, together with such JOxecutive Council as shall be 
a^jpointed by his Majesty for the affairs of such Province, 
shall be a Court of civil jurisdiction, witliin each of the said 
I'rovinces respectively, for hearing and determinin.i,' appeals 
within the same, in the like (nisjs, and in the like nuiimer 
and form, and subject to such ajjpeal tlierefrom as such 
appeals mii^ht, before the p issinif of this Act, have been 
heai'd and determined by the Governor and Council of the 
I'roviiu'e of Quebec ; bnts'ubject nevertheless to such further 
or other ))rovisions' ' as may be made in this bjhalf by any 
Act of the Ijc^islative ("oimcil and Assembly of either of the 
said Provinces respectively, assented to by his Majesty, his 
heirs, or successors. 

XXX\'. And whereas by the above mentioned Act passed 
in the fourteenth year of the vviau of his present Majesty it 



AND BUPPLEMENTAUY ACTS. 



125 



was declared that theclert^y of the Church of Rome in the Pro- 
vince of Quebec mi^lit hold, receive, and enjoy their accus- 
tomed dues and riglits, with respect to such persons only as 
should ))rofess the said reli},'ion ; provided nevertheless that it 
should b:; lawful for his Majesty, his heirs or successors, to 
iii:ike sucli provision out of the rest of the said accustomed dues 
and ri^'hts for the encouragement of the Protestant reli^^ion 
and for tlie maintenance and support of a Protestant clerf^y 
within tlu' said Province as he or tliey should from time to 
time think necessary and expedient : And whereas by his 
Majesty's lloyal instruction, given under his Majesty s 
Kiival sign mantuil on the third of January in the year of 
our Lord one thousand seven hundred and seventy-tive to 
(iuy Carleton, lOsquire, now Lord Dorcliester, at that time 
iiis Majesty's Captain-General and Governor in Chief in 
and over his ]\Iajesty's Province of Quebec, his !\Iajesty was 
[ileased amongst other things to direct that no incumbent instruetioiis of 
professing the religion of the Church of Rome, appointed to 'i77-,"'to (Vnv'' 
anv parish in the said Province, should be entitled to I'aiUaoii. Ksq.. 
receive any tythesior lands or possessions occupied by a Pro- 
testant, but that sncli tytIiesslK)iild be received by siicii [)ersoiis 
as tlie said Guy (Carleton, I'^sijuire, his Majesty's Cai)tain- 
(ieneral and Governor in Cliief in and over liis ^Majesty's said 
Province of Quebec, should a[)[)oint, and should be ri'served 
ill tiie hands of his Majesty's Receiver-Cieneral of the said Pro- 
vince for the support of a Protestant clergy in his Majesty's 
said Province to be actually resident within tlie same, 
ami not otherwise, according to such directions as the said 
(iuy Carleton, Escjuire, his Majesty's Captain-General and 
Governor in Chief in and over his ^Majesty's said Province, 
slioiild receive from his Majesty in that behalf ; and that in 
like manner all growing rents and profits of a vacant l)ene- 
tice should during such vacancy be reserved for and applied 
to tile like uses; and whereas his Majestv's iileasure has 
likewise been signiliod to tlie same effect in iiis Majesty's 
Royal instructions given in like mi<."iier to Sir I''reilerick iii'-tnictionsto 
llildimand. Knight of the most 1 onorable Order of the iiulilnnuiKl'. 
J5ath, late his Majesty's C'a[)tain-"teiieral and (ioseriior in 
Chief in ami over his Majesty's said Province of (,i)uel)i,'c ; ainl to l.oni 
and also in his Majesty's Royal instructions giseii in like ,.,','.'i[^'P " ' 
manner to tlie said Riglit Honorable Guy Lord Dorchester, 
now his Majesty's ('aptain-Cieiieral and Governor in C'liief 

in and over his Majesty's said I'rovince of Quebec; be it Mini the deelai-- 

. 1 1 . , , , . ' , • 1 i, ^ ^i -11 1 , • iitiiin anil iiro 

enacted hy the authority aforesaid that the said declaration Msi,,ns therein 



126 



THE CONSTITUTIONAL ACT 



reapoctinu tin 
dortiy of lln' 
Cluirch of 
Hoiin: to cdii- 
tiiii!'' ill force 



iuid provision contained in the said above mentioned Act, 
and also the said provision so made by his Majesty in con- 
sequence thereof by his instructions above recited, sliall 
remain and continue to be of full force and effect in each of 
the said two Provinces of Upper Canada and Lower Canada 
respectively, except in so far as the said declaration or provi- 
sions respect i vol y, or any jiart thereof, shall be expressly varied 
or repealed by any Act'- or Acts which may be passed by 
the Lef^islative Council and Assembly of the said Provinces 
respectively, and assented to by his Majesty, liis heirs or 
successors, under the restriction hereinafter provided. 



His ;\lM,jrsty 
may iiiitlioiiz(^ 
till; (liivcriior 
to make allot- 



His Mii.j<'st\ V XXXN'I. And whereas his Majesty has been <,'raciou8ly 

I'luiiiiTniiit pleased, by niessa-^e to both Houses of I'arliament, to 

lociioil. express his lloyal desire to be enabled to make a permanent 

ap]iropriation of land in the said Provinces for the support 

and maintenance of a Protestant clerjjy within the same, i.i 

ju-opoi'tion to such liuids as have been already f^ranted within 

the same by his Majesty : And whereas his Majesty has 

been <,'raciously pleased by his said messaj,'e further to 

^ ,. , , sif^nify his Royal desire that sucli provision may be made 

for tlic sniiiiort with respect to all future rjrants of land within the said Pro- 
of a Proicstniit . i- 1 U l ] i i.1 1 1 II- 

clortiv ill each vnices respectively as may best conduce to the due and surli- 
I'rovinco ; cient support and maintenance of the Protestant cler^'y 

within the said I'rovinces, in proportion to such increase as 
nuiy hupjien in tlie i)opulation and cultivation thereof ; 
therefore, for the purpose of more effectually fullillint^ his 
Majesty's gracious intentions as aforesaid, and of providing 
for the due execution of the same in all time to come, be it 
enacted by the authority aforesaid that it shall and nuiy be 
lawful for his Majesty, his heirs or successors, to authorize 
the Governor, or Lieutenant-Governor of each of the said 
Provinces respectively, or the person administerinj^ the 
Government therein, to nuike from and out of the lands of 
the Crown within sucii Provinces such allotment and appro- 
priation of lands for the support and nuiintenance of a Pro- 
testant clerj^'y within the same as may bear a due proportion 
to the amount of such lands within the same as have at any 
time been i^ranted by or under the authority of his Majesty: 
And that, whenever any qrant of lands within cither of the 
said Provinces sluiU hereafter be nuide by or under the 
authority of his Majesty, his heirs or successors, there shall 
ftt the same time be nuide, in respect of the same, a pro- 
])ortionablo allotment and appropriation of lands for the 



AND SUPPLHMKNTAKY ACTS. 



127 



!il)()Vt' mentioned purpose, witliin tlie townsliip or piirisli to 
which KUch lands so to b(' <^ranted sluill ii[)pertiiin or bi> 
lUln(^Ked, or as nearly adjacent tiiereto as circumstances will 
iidmit ; and that no such j^rant shall be \ali(l or effectual 
urdcss tlic same shall contain a si)ecification of tlie lands so 
allotted and apiiropriateil, in respect of tlie lands to be 
tlierchy ^'ranted : and that such lands so allotted and a|)[)ro- 
prialed shall be. iis nearly as the circumstances and initurt' 
(if liie case will admit, of the like iiualily as the lands in 
rcsiiect of which the same are so allotted and appropriated, 
;ind shall be, as nearly as the same can be estimated at the 
time of makiu'^ such .^rant, ecjual in value io the seventh 
part of tile lands so i^raiited. 

XXWil. And he it further enacted hv tlie authoritv io;.l the rents 
1,1 11 1 .1 , ,■ ■ 1 loisiiit^ troiii 

;ltllrc-^ald tiuit all and e\ery tlie I'eiits, protits. or emoiu- such iiUotnient 

iiients, which mav at anv time arise from such lands so ",' !"'."'!V'''^' 

aliie to that 

;ill<itted and ajiprofiriated as aforesaid, shall he applicable imriuise solely, 
sciji'ly to the mainteinuuie and supiiort of a I'rote.-^tant <der,uy 
within the Prf)vince in which the sanu' shall be situated, and 
tu no iithi'r purpose whatever.'-' 






XX.VVlll. And 1).; it further enacted hv the authorit v Ills Majoty 
aforesaid that it shall and nniy be lawful lor bis iMa jest> , j i,,, (;„vernor. 

liis iieirs and successors, to authorize the CioNernor or ^^.'''' ''"','"'" 

\ ice (if Ine 

Lieuteim.nt-(iovernor of each of the sanl Provinces respec- I'.xeciitive 
ti\ely. or the ))erson administering the (lovernment therein, ,.|','.ctVaVs'(in- 
t'nim time to time, with the advice of suidi Executive ( 'omi- "-<'*^i""''-'"''"^*^ 
I il as shall have been appointed by his Majej-ty, his heirs or 
successors, within such i'rovince for the affairs thi-reof, to 
constitute and erect within every township or paiish which 
is now or hereafter nniy he formed, c(institute(l, oi- i-recled 
within such I'rovince, one or more p.irsi)nai,'e nv rectory, or 
parsdua^'es or rectories. accordin.L; to tlu; establishment of 
tip' (.'hurch of Jhi.i^land ; and from time to time b\ instru- 
ment under the ^,'reat Seal of such Proviiu^e tn endow every 
such parsoniij^e or rectory with so nnich or such a part of 
the lands so allotted and ajj^iroiiriated as aforesaid, in 
re-ipect of any lands with such township or parish which 
shall have been f^ranted suhsecpient to the e.)mmi,'ncement 
of this Act or of such lands as nuiy have bei n allotted and 
ai)pro[)riated for the same purpose, by or in \ irtue of any 
iu-<tructiun which may be j^'iven by his Majesty in respect of 
any lands granted \>y his Majesty before the commencement 
of this .\ct, as such Clovernor, Lieutenant-Clovernor, or 



K 



128 



THE CONSTITUTIONAL ACT 



pcfKoii ii(liiiiiiist(!riii<» tlio (Jovernnieut shall, wiili the advice 
of the said j'^xecutive Council, judf,'e to bo expedient under 
the then existing circumstances of such township or parisli. 

and tho (iovcr XXXIX. And be it further enacted by the authority 
nor to iircseiil ■ -, , -i,, ,,,i»,. 

incuiiihciits to aforesaid, that it shall and may be lawful for his Majesty, 

»!.'?.',',';■,. ^,!'f I w'.*^'" 1''*^ heirs or successors, to authorize the flovcrnor, Lieuton- 

li() '-'■•J''j' Lilt' 

sanioaHinciiiii- ant Governor, or person admiiiisterint^ the Government of 

bents ill i;ii^; i * ., • i ii ■ i- i ^ .. ,. 

Ifnid. each of the said Provinces respectively, to present to every 

such t)arsona<^e or rectory an incumbent or minister of tlie 

Church of Enj^land, who shall liave been duly ordained 

accordinj^to the rites of tliesaid Church, and to supply from 

time to time such vacancies as may happen therein ; and 

that every person so presented to any such par.snnat,'e or 

rectory shall hold and enjoy tlie same, and all rif,'hts, profits, 

and emoluments thereunto Jjelonginj,' or granted, as fully 

and amply, and in the same manner, and on the same terirs 

and conditions, and liable to the performance of the same 

duties, as the incumbent of a parsonage or rectory in J'^ng- 

land. 



Presentations XIj. Provided always, and be it further enacted by tlie 
and tlio enjoy- iuitliority aforesaid, that evei-y such pre8eiit:xtion of an 

nioiit of till 111 iiieumbent or minister to any such parsonaL'e or rectorv, 

to lie siibiect .in 

to the jurisdic- and also the enjoyment of any such parsonage or rectory, 

tioll i,'liUlte(l to 1 c ii ■ ^ i. r L I ' 1 1.1 c 1 

tlio Hishoi) of "■"'' '^i the rights, prolits, and emoluments thereof, by any 

Nova Scotia, such incumbent or minister, shall be subject and liable to 

otc. 

all rights of institution, and all other spiritual and ecclesias- 
tical jurisdiction and authority, which have been lawfully 
granted by liis Majesty's Royal letters patent to the Bishop 
of Nova Scotia, or which may herciifter by his Majesty's 
Royal authority bo lawfnlly granted or appointed to be 
administered and executed within the said Provinces, or 
either of them respectively, by the said Hisliop of Nova 
Scotia, or by any other person or persons, according to tlie 
laws and canons of the Church of Jhigland which are lawfully 
\H made and received in ]']ngland.' * i \ \ . > ' 

Provisions re- XTil. Provided always, and be it further enacted by the 
al'hit illicit lit' authority aforesaid, that the seyertil provisions lureinbefore 

lands for the contained, resiiecting the allotment and approi)riation of 
Rupport of a "^ • , • ii I 

Protestant lands for the support of a Protestant clergy within tho said 

in'i'w'he^var'ieil I'j'ovinccs. and also respecting the constituting, erecting, and 
orrejiealed by endowing parsonages or rectories within the said Provinces, 
tlie ljef,<isliirive , , .• ,, , ,. <. • i . 

Council Mild :i'>'l Jilso respecting the presentation of incumbents or nim- 
ABseiiibly. 



AND SUPPLEMHNTARY ACTS. 



129 



r 



ititers to tlie same, and also respecting the manner in wliicli 
anch incumbents or ministers sliall liold and enjoy the sainc! 
sliall bo subject to be varied or repealed be any express pro- 
visions for that purpose contained in any Act or Acts whicli 
may bo passed by tlie Legislative ('ouncil and Assembly of 
the said Provinces respectively, ii,nd assented to by his 
Majesty, his heirs or successors, under the restriction herein 
after provided.' '' 

XLII. Provided nevertheless, and be it further enacted by Actsof tliohot,'- 
tiie authority aforesaid, that whenever any Act or Acts shall ,.ji .,,,,( \ssciii- 
1,0 i)asseil bv the Legislative (Jouncil and Assembly of either '''.v i'|>iitiiiiiiMt^ 

' ■ . . . lU-nvislOllS to 

of the said I'rovinces, containing any ])rovisions to \ary or tlu> elToct hcre- 
ropeal the above recited declaration and provision contained J|' hl.^'iaVc'l'hi'- 

iu the said Act passed in the fi)urteenth year of the reign of f">"<- I'ai-lia- 

incut prciviiiiis 
Ins present Alajesty ; or to vary or repeal the above recited toiocciviiiK his 

nrosision contained in his Maiestv's Koval instructions • '''■'''^'■/ '^ "■'^' 

given on the third day of January in the year of our liOrd 

one thousand-seven hundred and seventy-five to the said Guy 

Carleton, Estjuire, now Lord Dorchester ; or to vary or 

repeal the provisions herein before contained for continuing 

the force and effect of the said declaration and [jrovisions ; 

or to vary or repeal any of the several provisions iierein 

before contained respecting the allotment and appropriation 

of lands for the support of a Protestant clergy witliin the 

said Provinces ; or respecting the constituting, erecting, or 

endowing parsonages or rectories within thesai<l Provinces; 

or respecting the presentations of incumljoiits or ministers 

to the same ; or respecting tlu; manner in which such incum- 

honts or ministers shall hold and I'ujoy the same; : And also 

lliat whenever any Act or Acts siiail be so passed, containing 

any provisions which shall in any manner relate to or affect 

the enjoyment or exercise of any religious form m- mode of 

worslu'i); or sliall impose or create any i)enalties, burthens, 

ilisabiiities, or dis(]uali(icati(nis in respect of the same; or 

shall in any manner relate to or affect the payment, 

recovery, or enjoyment of any of the accustomed dues or 

rights herein before mentioned ; or shall in any manner 

relate to the granting, imposing, or recovi ling any other 

dues or sti[ieiids, or emoluments whatever, to be paid to or 

for the use of any minister, priest, ecclesiastic, or teacher 

according to any religious form or mode of worsiiip, in 

respect of of his said othco or function; or shall in any 

manner relate to or affect the establishnu>nt or iliseipline of 

the Church of Kngland amongst the ministers and members 



130 



Ijaiids ill rp 



THE CONSTITUTIONAL ACT 

thereof within the said Provinces ; or shall in any maniKr 
relate to or affect the Kin<^'s prerojiative tonchin;,' the j^raiit- 
inj,' of waste lands of the Crown within the said Provinces; 
every sncli Act or Acts shall, previous to any declaratidn or 
signification of tlie Kind's assent thei-eto, belaid bef(n-e lioih 
Houses of PariiaTnent in Clreat ]5ritain ; and that it shall 
not be lawful for his Majesty, his heirs or successors, to 
sit^nify his or their assent to any such Act or Acts, until 
thirty davs after the same shall luive been laid before the 
said houses, or to assent to any such Act or Acts in cuse 
eitlier House of Parliament sJniU within the said thii'ty duys 
address his ^Majesty, his heirs or successors, to witldmld lijs 
or their assent from such Act or Acts ; and that no s.icli Act 
shall be valid (jr effectual to any of tlic said pnrixises witiiin 
either of the said Provinces unless the fje^islative Council 
and Assembly of such Province shall, in the session in wiiich 
the same shall have been i)assed by them, have lu'esented tc 
the Governor. Lieutenant-Ciovernor, or person ailministerin^ 
the Covernment of such Province, an address or addresses 
specifying' that such Act contains nrovisions fcjr someof tho 
said purpose's hereinbefore specially described, anddesiriui; 
that, in onler to i,'ive effect to the same, such Act should be 
transmitted to J'^n^'Iauil without delay for the purpose of 
beiuf^ laid before Parliament previous to the si,i4niiicati(m of 
his ^Majesty's assent thereto. 

XLllI. And be it further enacted bv the authority afore- 




\' 



uil'nuiUMU.V' «'"'^' that all lands which shall be hereafter f,'ranted within 

free and com- the said Province of Upper Canada shall be i,n-anted in frei' 

,1,1,1 also ill find coniiiujn socca^e, m liUe manner as lands are now 

JiO\\oi- Ciuiaila, j,p],l(,,, jj, free and common socca<'o in that part of (ii'eat 
It desired. ... . 

Britain called J'hij^land ; and that in every case where lands 

shall be hereafter ^'ranted within the said Province of Lower 

Canada, and where; the f^rantee thereof shall desire the same 

to be f^i'anted in free and common soccape, the same shall 

be so ^'ranted ; but subject nevertheless to such alterations 

with rcsfiei't to the nature and consequences of such teiiuri' 

of free and common si)cca;,'e, as may be established by any 

law or laws which may be made by bis Majesty, liis heirs or 

. successors, by and with the advice and consent of the Le^^is- 

\Vj lative Council and Assembly of the Province.' " 

Persons liolil XI,[V. And be it further enacted by the authority afore- 

Cniiei-'rai'iailii ^"•'''' ^-'"^^ '^ '^"y P'^i's^^'i Of persons holdinti lands in the said 
may have fit'sli Province of ['jiper ('anada'" bv virtue of any certificate of 
grants. 



AND SUPPLEMENTARY ACTS. 



181 



oceiipatioa dorivod iukIcv tliu authority of tlie (lovt'rnor and 
Council of tile Province of Quebec, and Inivinj^ power and 
iintliority to alienate the same, shall at any tune from and 
after the conimencx'nicnt of this Act suri'cnder tlie same into 
tlic hands of liis ^Majesty, liis lieirs or successors, hy petition 
to the (iovernor, or Lieutenant-tJovei'iior, or person admin- 
istering tlie (if)vernment of the said Province, setting,' forth 
tiiat he, she, or they, is or are desirous of holding tlie same in 
free and common socca^e. suidi (lovernoi-, or Lientenant- 
(;ov(>riior, or person administei'ini; the (lovei'nmi'nt shall 
thereupon cause a fresh ^rant to be made to such pi'rson of 
such lands to he holdeu in free and common socca<^e. 

XLV. Provided nevertheless, and be it further enacted by Sucli fresh 

1 ii i. c ■ 1 ii i 1 1 1 , i 1 n L;raiits not to 

the autliority aronsaid, tiiat sucii surrendei' and j,'rant shall i„u- any rit,'lit 

not avoid or bar anv rjijlit or title to any such lands so sur- or title to tlie 

. , ' , • , lauds, 

rendei'ed, or any mterest m the same, to which any person 

or [lersons other than the [)erson or persons surrendering 
the same shall have been entitled either in possession, 
remainder, or reversion, or otherwise, at the time of such 
surrender; but that every such surrender Mini ^'rant sliall 
be made subject to such rij^ht, title, and interest, and that 
every such rij^ht, title, or interest shall be as valid and effec- 
tual as if such surrender and f^rant had never been made. 

XLVI. And wdiereas by an Act'~* passed in theeij^hteenth isdeo. III.. 

„ ,, . , ,, . i. -vr • i • i.i. 1 1 .. 1 V . CM 1). '^'.i, recited. 

\ear or tiie reij,'n of his present Majesty, intituled " An Act 

fur removinj{ all iloubts and apprehensions concerning taxa- 
tion by the Parliament of (ireat JJritain in any of the 
(Colonies, Provinces, and Plantations in North America and 
the West Indies ; and for repealing' so much of an Act made 
ill tiie seventh year of his present ^Majesty as imposes atluty 
on tea imported from Great Britain into any Colony or 
I'lantation in America, or relates thereto," it has lieeii 
declared that the Kiiif^'and Parliament of Great Britain will 
not impose any duty, tax, or assessment whatever, payable in 
any of his Majesty's Colonies, Provinces, and Plantations in 
North America, or the West Indies, except only such duties 
as it may be exi)edient to impose for the re<^ulation of com- 
merce, the net produce of such duties to be always paid and 
applied to and for tiie use of the Colony, Province, or Plan- 
tation, in which the same shall be respectively levied, in 
such manner as other duties collected by the autliority of 
the respective General Courts or General Assemblies of such 
Colonies, Provinces, or Plantations are ordinarily paid and 

II. CO. 9 



132 



THE CONSTlTfTIONAL ACT 



applieil ": And whereas it is neci'ss;ii-y for ilir ^ciu r:il 

benelit of the British Empire, tliat siicli power nf re^'iihuidii 

of coniiiierce should continue to he exercised ])y iiis ]\Iajestv, 

iiis lieirs or successors, and the Parliament of Great Britain. 

subject nevertheless to the conditions herein before recited 

with respect to the application of any duties whirli jnav hu 

Tills Act not to imposed for that |)urpose : Be it therefoi-e enacted by the 

oiVemtion of authoritv aforesaid, that notliiuL; in this Act contained shall 

any Act of Par- (.^tund, or beconstrnid to extend, to i)revent or alTect the 

liauunit estali- 

lisliiiK,' iiro- execution of any law which hath been or shall at any t iinc 

iiiii'osiii!^ "' be made by his Majesty, his heirs or successors, and the 
duties for tlie Pai-liiunent of Cireat Britain, for establishinj,' reouhitions or 
rcKuliition ot , ■, . ■ , • , • ,i ,- , . 

navigation and prohibitions, or lov imp )sni.i,', ievymj,', or collectinj,' duties 

counncrco, etc. j^^j, ^,^^, ro^ndatiou of navigation, or for the re^'ulation of 
the commerce to be carried on between the said two 1 ro 
viiices,' '•' or between either of the said Provinces and any 
other part of his IMajesty's dominions, or betwe(>n either of 
the said Provinces and any foreign country or state, or for 
ai)pointinj^and directing the payment of drawljacks of such 
dntieti so imposed, or to oise to his ^lajesty, his lieirs or 
successors, any power or authority, by and with the advice 
and consent of such Ijei,'islative (Councils and Assemblies 
respectively, to vary or repeal any such law or laws, or any 
part thereof, or in any manner to i)revent or obstruct tlie 
execution thereof. 

Such (Intifs to XLVII. Provided always, and be it enacted by the 
tho\Vse ot tVi'e '"-'ithority aforesaid, that the net produce of all duties which 
respective Pro- shall be so imposed sliall at all times hereafter be applied to 
and foi' the use of eacii of tiie said Provinces respectively, 
and in such manner only as shall be directed by any law or 
laws which shall be made by his Majesty, his heirs or suc- 
cessors, by anil with tiie atlvice and consent of the Lej^isla- 
tive Council and Assembh' of such Province. 



w 



HisMa,jest\ in XLVIII. And whereas, by reason of the distance of the 

Council to fix • 1 r» • r ii • i. 1 r ii i i i 

ami ilcclaro said Provinces from this ctnintry, autl of the change to be 

tlK'connnenco-ni.iJc ijy ti,i„ Act ill the (loverument thereof, it may be 

nieiit ot the ' ... 

Act, etc. necessary that there should be some interval of time between 

the notilicatiiui of this Act to tiie said Provinces respectively, 
and the day of its C(nniiiencement within the said Provinces 
respectively; be it theri'fore enacted by the authority afore- 
said, that it shall and may be lawful for his Majesty, with 
the advice of the Privy Council, to fix and declare, or to 
authorize the (Jovernor or Lieutenant-Crovernor of the Pro 



ASn sri'PLEMHNTARY Af'TS. 



133 



viiicr of (Jiicl)i'i', or tlin pcrsoii lulii'iniHtoriii;,' the CJoverti- 
nunit tlicre to tix ami declare tlio duy of tliccoinmenceiiieiit of 
this Act within the said I'rovuices respectively, provided 
that such day shall not be later than tlie thirty-lirst day of 
December, in tlie year of our Lord one thousand seven 
hundred and ninety one.-"' 

XFJX. And be it further enacted by tlie authority afore- [Phne for is»u- 
said, that the time to be lixed by his .Miijesty, his heirs of MnniMcuis iuu'l' 
successors, or under his or their authoritv by the (rovernor, elcctini-. I'ti;., 

. •• • liiit ti) he liitor 

Iaeulenant-(>()Vcrnor, or person administerint^ the Govern- ihiin :ilsf De- 
ment in cacli of llie said Provinces respectively, for issuim,' '''"' "'' ''''*" 
the writs of suininons and election, and callinj^ to^'cther the 
Legislative Councils and Assemblies of each of the said 
Provinces respectively, sliall not be later thiin the thirty- 
lirst day of Deccmbi i', in the year of our Lord one tliousand 
seven hundred and ninety -two. - ' 

L. Provided always, and be it furtiier enacted by the I'-etwciui tlic 

authority aforesaid, that during,' such interval as may happen n^entof tliis 

between the commencement of this Act wiliiin the said •^'''^ '^"'' "."' 

fust iiictaniKot 
Provinces respectively, and the iirst meeting,' of tiie L(;<^isla- tlic hi'^^i-^lativi: 

tive Council and Assembly of each of the said Provinces \ss',m'iVi)1v"' 

respectively, it shall and may be lawful for the Governor or tcniiiiuary 
- . ,, , , T-. • I. , laws may lie 

Lieutenant-uoveriior of such Province, or for the p'^rson mado. 

aiuninisterin.L; th(> Government therein, with the consent of 
the major part of such JOxecutive Council as shall be 
appointed by his Majesty for the affairs of such Province, to 
make temporary h\ws and ordinances for the ^ood govern- 
ment, peace, and welfare of such Province, in the same 
manner and under the same restrictions as such laws or 
ordinances might have been made by the ('oiincil for the 
al'fairs of the Province of Quebec constituted by virtue of 
tiie above mentioned Act of tiie fourteenth year of the reign 
of his present Majesty ; and that such temporary laws shall 
be valid and binding within such Province until the expira- 
tion of six months after the Legislative Council and 
Assembly of sncli Province shall have been iirst assembled 
by virtue of and under the authority of this Act; subject 
nevertheless to be sooner repealed or varied by any law or 
laws which may be made by his Majesty, his heirs or suc- 
cessors, by and with the advice and consent of the said 
Legislative Council and Assembly. 



*X'0 



1 \ 



/ 



X 



131 



'iilK CONSTITUTIONAFi AiT 



The Constitutional Act Amendment Act, 1830. 



«> 



An Aci'^'- to (ininnl sn nnich (if an Ad <if tin t/itrti/-jii'xt ijnir n. /,is 
hitt' M<ij(',sti/,i<>r iinthiiiij iimrr ifhititut firni-i.sinn Inf tin (mr- 
crninoit <;/' t/if J'roriiirc nf (jKclnr. 

[iCiiii .Jri.v, 1h;;o. 



31 GiM). Ill, 
cap. 31. 



x-"^ 



V* 



WlicToas by ail Act passodin tlit" tliirtytirst ycircf tlic 
rtii;^ii of his laU; Majesty, Kiiij^ tieort,'^ tlic Tliinl, intitnlcil. 
" An Act to rcpt-al cortaiii parts of an Act passed in the 
fotirtc'cntli year of liis Majesty's rei.nn, intitnli'd, ' An Act lor 
inakinu more effectual provision for liie (iovernnient of 
(,)uei)cc in North America." and to malve f iirtlier provision for 
the (iovernmcnt of the said I'rovince,'" it is anioii^'st other 
tliin;!.;s enacted ■-■■• that no person shall be summoned to the 
I iC{,'islative Council in either of tl:e Provincesof Upper Canada 
and liower Canada wlio shall not be of the full aj^eof twenty- 
one years, and a nattiral-lxn-n subject of his Majesty, or a 
subject of his ]Majcsty naturalized iiy Act of the Jiritish 
I'arliament, or a subject of his Majesty having become such 
by the conquest and cession of the I'rovince of Canada ; and 
it is thereby further [irovided that no jxa'son shall becai)able 
of voting at any election of a member to serve in t!ie Ijcgisla- 
tive Assembly ineitlurof the said I'rovincesof C^iper Canada 
or Lower Canada, or of being elected at any sucli I'lection, 
who shall not be of the fiUl age of twenty-one years, and a 
natural-born subject of his Majesty, or a sul)ject of his 
Majesty's naturalized by an Act of the British Parliament, 
or a subject of his Majesty, having become such by the con- 
quest and cession of the Province of Canada : And whereas 
it is expedient-'' that persons naturalized by any Act of the 
Legislative Council and Assembly of the Province of Lower 
Canada assembled by his, ^lajesty, his beirs, or successors 
should be enabled to be summoned to the Legislative Council 
of the said Province of Lower Canada, and of voting at the 
elections to serve in the Legislative Assembly of the said 
Province, or of being elected at any such ^election ; 15c it 
therefore enacted by the King's Most ICxcellent Majesty, by 






AND SITPLEMENTARY ACTS. 



135 



and with tlif iidvice iviul c<insoiit of tlit- Lords Spii'itiiiil Jiiid 

TL-mponil, mid Cotiimoiis, in tlii-i present I'lirliiimoiit 

iisst.'inhlcd, luiil 1)\ till.' iiiillioritv of tlio same, tiiiit nil jht- I't'i'^^oiis natiir- 

sous uiitiirali/eil l)y any Act of tht; Lft,'isiativi' ( oiiiici! find j,, A^sfiiihly nf 

Asstiidjiv of llu' I'roviiirc of J.ower Canada, iissmtcd to l)v "-o^/".'!- CanMrla, 

his Miijosty. Ids iu'irs oi- succt'ssors, slmll liencid'ortli lie and tivo Council. 

be defined ci)iii|)etent in llic lau to be suninioned to t lie Li'ilis- 

l.vtivo ('oiinuii of the said I'lMNince of Lower ('anadfi. and to 

vote lit the elections of nuniiiers to serve in tiic Lci^islatise 

Ass(.'tnl)ly of the saiil l'ro\ iiice, aiiil to l)tM'iect<'d at aii\' such 

election. 

II. I'rovided nevertlioK'ss, and be it further enacted, that Act nf nutnr- 

wheiu'ver any bill which has been passed by the Li't^ishitive 'f'','^;;^\';;'|,',;.';4 

Council and bv the House of A^^seiiiblv in the said I'roviiice "'' nutherii v 

■ ,'. . unless Ins Ma- 

of Lower (. anada. for the luiturali/ation oi any peisons or jcsty's iiss<.nt 

person, shall lie presented for his .Majesty's assent to the [','',;''^';J,'_'|'^'.'"'' '° 
Governor or Lieiitenant-(lo\ernor of the said l'ro\ince, 
or to the |)ersoii iiihninisteriiiL; his Majesty's (iovernnient 
therein, snch (iovernor or Lieiitenant-dovernor. or jii'rson 
iidniinistcriiiii the (iovernnient, shall and he is hereby 
re piii'i'd to resL'rve every su'di l)ill for the si^iiiticatioii of his 
Majesty's [)leasiire thereon ; and no snch bill shall have any 
force or authority within the said Province of Lower 
Canada until the (joveruor or Lientenant-Governor. or per- 
son administering! the Governinent, shall signify, either by 
speech or inessai;e to the Ijc^islative Council auil .■\s>einhly 
of the s;iid Province, or by proclannvtion. that snch l)ill has 
been laid befort' his ^lajesty in Council, and that his 
!\[ajesty has been pleased to assent to the same; and no 
-uch bill shall have any force or authority within the said 
rrovince unless his ^Majesty's assent thereto shall have 
been so si^uilied as aforesaid within the s[),ice of two 
years fi-oni the day on whicli such l)ill shall have been pre- 
sented f(jr his ^Lxjesty's assent to the tiovernor. Lieiiteiiant- 
Goverr.or, or person administering the Governinciil. 



136 



THE CONSTITUTIONAI, ACT 



The Constitutional Act Suspension Act, 1838. 



r J 



An A('t'"' to nuih'i- tnnjinrayij jirorisimi I'nr thr (i(ivrr)iiiii nt nf 

Ldirrr ( 'khihIii. 



Klill I'l IIMAUV. ISliH. 



:il (i... Ill 
cap. ;ii. 



•^ u 



Whereas ill tli<' present state df the I'i-n\i)i('e (jf I.nwer 
Ciiiiaihi the House of Assemhly nf the said I'mvince. eonsti- 
tiiteil uiidiT the Aet pass mI in the tliirty-lii-st year nf his 
Majesty. Ixinf,' (itnri^e tlie Tliinl. intituleil "An Aet to 
repeal eertain pai't - of an Aet [)ass< d in tlie foui'ti'enth yeai" 
of liis Majesty's reij^ii, intituled ■ An Act for niakin;4 more 
elfec'tual provision for tlii' (lovi'i'iiineiit of the I'rovinci' of 
Qtiehee in Xorth America." and to mai<'' further provision 
for the ( lovii'innelit of t he said I 'rovilice " I'aiiliot he called 
to^^ether without serious iletrinient to tlie interests of tlie 
said I'rovini'c,'^* l>y reason wherenf the (lovi'rnmeiit of the 
said l'ro\in'!i' cannot he duly administered aecoriiini,' to the 
provisions of the said Act: And whereas it is e.\i>edient to 
tnak(^ temporary provision for the Government of Lower 
Canada, in order that Parliament may be enabled, after 
mature did ill' 'rat ion. to m ike permanent arran,L;ements'-'" for 
the Constitution and (ioverument of thesaid Province, upon 
such a basis as may best secure the rij^hts and liberties and 
])roni<)te the interests of all classes of her Majesty's siilijects 
ill the said I'rovince: l?e it therefore enacted by tlie Queen's 
Most r.xcellent Maji'sty. by and with the i;ons(,'nt of tlie 
Lords Kiiiritual and Temporal, and Commons, in this pre- 
sent I'arlianu'iit assembieil. and by the antliority of the 
same, that from the proclamation of this Act in the said 
The powers of I'rovince as hereinafter j)rovide(L until the first day of 
lii'-i'slaniro of ^«'>veml)er in the year oiu' thousand ei^ht hundred and forty, 
J^;;'wer ('Miiaila so much of the said Act ol" tlu' thirty-tirst yi'ar of Kin^ 
Cieor^e the Third, and of any other Act or Acts of I'arlia- 
ment, us constitutes or provides for the constitution or call- 
ing of a Le.'iislative Council or Legislative Assembly for the 
Province of Lower Canada, as confers any [lowers or func- 
tions upon the said Legislative Council and Legislative 



«'■': 



BUSpulKlod. 






AND ST-ppr-KMENTAHY ACTS. 



l:}7 



AhsoiiiIiI} . I'l' 'illii'f of tlmsc lioilit's, slnill (■ciisc aiul he 'if no 
force, 

II. Ami !)(' it cuiictcil tlmt it slniii he lawful for licr Her Miiicsty 

,, • . , ■ • ■ ■ . \ r i.- lii"y iMilKiilit 0, 

M.iji'sty, ny luiy CDiiiinisKinii or comiiiissirms to be tioni tiiiu' siu'cinl t'oiiii- 



to time isNiii'il miller tlu' (Irrat Sciil nf the I'liitcil KinUilom 



cil for th 



II It'll irs of Ijowcr 
or l)y any instriirt imis uii'lcr iicr Majesty's siiiiii t ny sis^ii Caiiaila. 

iiiaiiiiul, ami witli the ailvico of lier Privy Couiieii, to con- 
stitute a special ('oniicil-"* for tlio affairs of Lower Cuiiaila, 
ami for that puriiose to a[i|if>iiit or authorize the (lovernor 
of tiie Province <if liOWer Caiiaila to apiioint siicji ami so 
many Special Councillors as to her Majestv siiall seem meet, 
and to maki' such ])i-o\ision as to her Majesty shall seem 
meet fur the ri'inoval. siispiMisioii, or resi<,'niitioii of all or 
any such ( 'ouiKMllur-? : I'rnvideil always that no meiuher of Meinlievs of 
the said special Council sliall he permitted to sit or V(>te {,\';.\f ';,','"',',''','" 
therein until he shall Iuivl' taken and suhscrihed hefoi'e the 
(iovernor of the Pi'ovjnce of Lower Canada, or hefore smne 
jierson authorized by the said (Jovernor to administer such 
Oath, the same Oath which is now roi[iiire(l to he taken by 
the members of the Legislative Council and Assembly before 
sittin;^ or votini^ therein i'es[)rcti\ely. 

III. .Vnd be it enacted that frimi and after such jii-dcla- 'riicdovcruor 

Illation as arcu-esaid, and until the hrst day of November in i,,,,^. ||,,,Ke 

the vear one thousand eii,'ht hundred and forlv, it shall 1,^ l-aws or Onlin- 

iiiicos tor tlic 
lawlul for the Ciovernor of the I'rovince of liOwer Canada, (iovci niiunit of 

Nvitii the advice and consent nf the majority of tiie said ''"'^■'■'' ^'''"""'"•■ 
Councillors present at a meetini^ or meetini,'s to be for that 
purpose from time to time convened by the f Jovernor of the 
said Province, to make such laws or ordinances for the 
peace, welfare, and ^'ood C overnment of the said l'ro\ince 
of Lower Canada as the lA'^isIature of Lower Canada, as 
now constituted, is empowered to make ; and that all laws 
or ordnances so made, subject to the [irovisjons hereinafter 
contained for disallowance thereof by her Majest.w shall 
li ve the like force and effect as laws passed before the pass- 
ing of this Act by the Lej^islative Council and Assembly of 
the said Province of Lower Canada, and assented to by her 
^Majesty, or in her ^Majesty's name by the (loveriior of the 
said Province Provided always that no such law or ordin- Such laws to 
ance shall be i,;ade unless the same shall have been first pro- thJuovenior! 
posed by the saitl Governor for adoption by the Council, nor 
ludess the said Governor and five at least of the said Coun- 
cillors shall b(^ a(;tually [jresent when such law ov ordinance 



t^ 



188 



THE CONMTJTl'TIONAL ACT 



Liinitinp; their 
duration. 



Proviso as to 
iniposingtaxes. 



Laws or Ordin- 
ances not to 
an'(!ct the ex- 
isting laws re- 
RpectitiKKif^Vits 
of Election, 
etc. 



shall Ijp made : Proviilcil also, that no law or ordinance so 
made shall continue in force beyond the first day of Novem- 
ber in the year ont; thousand eij^ht hundred and forty-two, 
unless continued by competent authority: Provided also, 
that it shall not be lawful by any such law or ordinance to 
impose any tax, duty, rate, or impost, save only in so far ns 
any tax, duty, rate, or impost which at the passing,' of this 
Act is payable within the said Pi'ovince may be thereby con- 
tinued : Provided also, that it shall not be lawful, by any 
such law or ordinance, to alter in any respect the law now 
existing' in tlic said Pi'ovince res[)fctiuf4 the constitution or 
composition of tiie Jjcf^islative Assembly thereof, or respect- 
ing^ the ri^ht of any person to vote at the election of tiny mem- 
ber of the said Assembly, or respectinf,' the (uuililications of 
such voters, or respectinji the division (jf tlio i-aid Prcnince 
into counties, cities, and towns for the purjxjse of such elec- 
tions; nor sliall it be lawful l)y any such law or ordinance 
to I'epeal, suspend, or alter any pi'ovision of any Act of the 
Parliament of (Ji'cat Britain or of the I'arliament of the 
United Kingdom, or of any Act of the Lcf^islatuie of Lower 
Cana<la as now constituted, repealing or altering any such 
Act of Parliament. 



No law, etc., to 
ji ppropriate 
the monies in 
hand for ro- 
payuieiit of 
the sum of 
,t'MJ,160 un- 
less on certifi- 
cate of (om- 
niisHioners of 
Treasury ; nor 
to an amount 
exccodinR tho 
appropriation 
of 1H3'2. 



IV. Provided always, and be it enacted, that it shall no' 
be lawful by any Buch law or ordinance to appropriate any 
monies which now are or which shall hert after be in the 
hands of the Receiver (ieiieral of the said I'rovince of J^ower 
Caiuida towards the repaynunt of any sum or sums of 
money which shall have been issued out of the sum of one 
hundred and forty-two thousand one liuiulred and sixty 
pounds, fourteen shillings, and sixpence, granted U> her 
INIajesty by an Act passed in the last si'ssion of I'ai-liament 
for advances on account of ciuirges for tlu^ administration 
of justice and of the C'ivil (loviinment of the I'rovince of 
Lower C^mada, unless upon a certilicate from three or more 
of the { 'ommissioiu'rs of her Majesty's Treasury, setting forth 
the several sums which sluill have been so advanced for any 
of the purposes aforesaid : I'rosided also, that, exclu- 
sive of any such rei)ayment as aforesaid, no appropriation to 
be made by any such law or ordinance of the monii's aforesaid 
in re8i)ect of the iiublic service for any one year shall exceed 
the total amount of the sums appro^jriated by law within the 
spid Province foi- the public service thi'reof for the year one 
thousand eight hundred and thirty -two. 



AND SUPPLEMENTARY ACTS. 



139 



V. Ami be it enacted that theGovernor of the said Province Tinws or Ordiii- 
is hereby required, by tlie lirst convenient opportunity, to ,ii^„]^|,\y^,;j i,y 
transmit tooneof iu'r^rniestv'sPrincii)al Secretariesof State |','''' ^1'i.U'^t.y in 
ail autli'^itic copy of every hiw or onUnance made inuitr the 

iuitliority of this Act ; and that it sluill be hiwful, at any time 
witliin two years after sucli hiw or ordinance shall have been 
so received by such Secretary of State, for her ftlajcsty. her 
iieirs or successors, by lier or their Order in ("ouiicil, to 
declare her or their disidjowance of such law or orilinancc; 
and that such disallowance. tOi,'ether with a certificate under 
the hand and Seal of such Secretary of State, testifying' the 
day on which such law orordinance was received asaforesaid, 
heiivi,' si^'nilied by such Governor by proclamation within the 
said Province, shall make void and annul the same from and 
after the date of such sif^niiication. 

VI. And be it enacted that nothini^ herein contained shall Tliis Act imt to 
be taken to affect or invalidate any law, statute or ordinance ',',',')\v In Vom'*' ' 
now in force within the said Province of Lower Canada, or in t't<;- 

any part thereof, except in so far as the same is re))Ui,niant to 
this Act. 



VII. And be it enacted that this Act shall lie proclaimed by I'l-ncliniuitioii 
the Governor of the said Province of Lower Canada within " "^" ' 
the said Province, and shall conunence and take el'fect within 
the said Province from the proclamation thereof. 



\'IIL And be it enacted, that for the purposes of this Act Tlio tonn 

•n 

a. 



any pei'son authorized toexecute thecomnussionof Ciovernor ,ij,|'|,7i'it""^ 



of the I'rovince of Lower Canada shall be taken to be the 
Governor thereof. 



rX. .\iid be it enacted that this A(!t may be altered or Act niny be 
repealed by any Act to be passed in the present session of" "^'"'' ' '^'''' 
Parliament. 



140 



TMK CONSTITUTIONAL ACT 



The Indemnity Act, 1838. 

> V , All .let''' fill' iiuli'iiiiiil'i/iiii/ t/idsc ir/io harr issufil <>)■ iiiial iiii'lrr 

~^ \ '■ . ' ' ' . 

nrtdiH iHirts ni u cirtuiu ( h'lliiunnf iiiuilr iiinlcr cnlniir nidti 

Act i>iixsi'il in the /irisiiit sissian nf I 'dilidiihiif, iiititiilnl "An 

.lit t(i iiiiikf tini/iiiri(ri/ I'l-nrixinii fnr tlir (inrcniiiinit nj l.mrir 

( 'iiiiiiilii."' 

KiTii ArinsT. Isiis. 



n 



1 Vifi., liip. !i Whereas an Act was made tliis present session of Parlia- 
ment, intituU'd 'An Aet to make teni])oi'ary provision for the 
(iovei'nment of I ower ("anaihi" : And wliereus a certain Law 
or Ordinance hath been made and jJuMisiied by tlie (iovernor 
oftliesaid Province, by and with tlie advice and consent of 
the Sjjecial Council, bearint,' date tlic twenty-ei^,'litli day of 
-luui' last, intituleil "An Ordinance''" to provide foi- the 
seciii'ity of tile Pro\ince of Ijower ( 'anada,"' which ( )i'dinance 
cannot be justilie<l by law, but was so nuu'h intendi'd for the 
Secui'ity of the said Province that it is expedient that all per- 
sons advisinj,' or actin;4 under or in obedience to so much of 
the same as relates to the sendin<^' of certain persons to lier- 
niuda, who are st ited in the same to luue made certain co:i- 
fes-.ioiis, an<l to the subjecting,' such iiersons to resLruint, 
should be iiidi'mniCied by Parliament m the manner and to 
the extent herein-after [)i'()vitled for: Be it enacted l«y the 
Queen's Most JOxeelleiit IMajesty, by and with the advice and 
consent of the Lords Spiritual ami Ten^ioral and ('ommtuis, 
in this pri'seiit Parliament assembled, and l)y the authority 

liiiU'ii:iiii> till- i,f the same, that all personal actions and suits, iiklictnients, 
iicrsoiis aiivis- . 1 ,, , ■ I T 1 , 

lilt; or uctliiL; informations, and all proset'utions and proceeilmjjs whatso- 

iiiKU'i-aii ever, which liave been or shall be prosecuted or commenced 

OriliiiMiiee ot ' 

till' (iiiM'nior ill any Court or befor(! any tribunal in any jjart of her 
mill ('luiiii'ti of ,,.",. ,^ . . . ' " . I 

bowel- cuiiielii, -"'ij^'^'y " I'ominioiis. a^^ainst any person or persons for or by 

of tlie -Jstii III I'^.iison of aiiv act. matter, or thiiiL; advised, commanded. 
ai)poiiite(l, or doiK in relation to the preniises before the pro- 



AND SIPPLEMENTAUY ACTS. 



141 



clamiition of this Act in the said Province of Lower Canada 
and in the Islands of liermuda respectively, or elsewhere, 
ill nianner hereinafter provided, be, are, and slmll be dis- 
charf^ed and made void by virtue of this Act ; and that if any 
action or suit shall be prosecuted or coininenced a^^ainst any 
person or persons for any such act, matter or tiling' so 
advised, commanded, appointed, or done, he, she, or they 
may plead the f,'eneral issue, and ^ive this Act and the 
special matter in evidence ; and if the plaintiff or plaintiffs 
in any action or suit so to be prusecuted or commenced, 
except in that part i)f Great liritain calleil Scntliind. after 
tile first day of October next, sliall become nonsuit, or for- 
l)ear further [)rosecntion, or suffer discontinuance, or if a 
verdict jiass aj^ainst such plaintiff or ijlaintiffs, tiie defendant 
or defendants shall recover his, iier, or tlieir double costs, for 
which he, she, or tiiey shall have the like remedy as in casus 
where costs by law are jjiven to defendants ; and if any such 
action or suit as aforesaid shall be commenced or prosecuted 
after the first day of October next in that part of (ireat 
I5ritain called Hcotiand. tlie Court before whom such action 
or suit shall be commenced or prosecuted shall allow to the 
defender the benefit of the discliar<^e and indemnity hereby 
provided, and shall further allow to him his double ('osts of 
suit in all such eases as: aforesaid. 



resptctivels . 



11. Ami be it enacted that this Act shall be i)roclaime(l 'I'liis Act tM he 
in the said Province of Lower Canada and in the said ','',;;;:,',';.',' i;7,l, I,',', 
Islands of Jicrmuda bv the (iovernor, or bv the iierson "H'l '*'''''i'>"'a 

■■ ' *■ I'.i^iw.^it i \-..l \- 

authorized to execute the Cimimission of (iovernor of the 
said Province and of the said Islands respectivi'ly. forthwith 
after he shall have received a copy of the same from one of 
iier Majesty's Principal Secretaries of State.' ' 



^ 






142 



THE CONSTITUTIONAL ACT 



The Suspension Act Amendment Act, 1839, 






Ah Alt'- In (nih')lil (III Art III' l/ii' last srssioii "/' I 'ii rliiiiiniit fur 

iiiiihiiui liiii/iiirnri/ I'mrisidii far the Gnrcntiiiciit nj' Lmiir 

( iniaild. 

nivn At-c.tst, ]8;i'.». 



:n (ii'd. III. 
cap. 151. 



Wlicrt'iis ail A(;t was jihsscmI in tlic tliirty-lirsf. year of tin; 
rei.LSii of liis Afiijesty, Kiiit^ (iiMirL;c' the 'I'liinl, iiititiilrd •• An 
A(^t to r('[ieal certain jiarts of an Act passed in the foui- 
teeiitli year of liis Ma.jesty's rei;4ii, intituled 'An Act f(jr 
making' more effectual pi'ovision for the Governiiient of 
the I'rcnince of (Quebec; in North America,' and to niake 
further [)rovision for the Ciovernment of the said I'ro- 
vince," \vherel)y amon.i; otlier thing's it was enacted that 
there should be within eacli of the Trovinces of U^nier 
C'iinadii and Jjowor (panada res[)ecti\ely a liCj^islative Coun- 
cil and an Assembly, to be constituted in manner therein 
described, and with such [)owers and authorities as therein 
mentioned : And whereas an Act was jiassed in the last 
session of Parliament, intituled " An Act to make tempor- 
ary i'rovision for the (!o\ernment (jf Lower ('aiiada," 
whereby it was enacted that from tiie proclamation of tlie 
Act until the first day of November one thousand ei,L;ht 
lumdrc<l and forty so much of the said Act of the thirty- 
first year of the reij^'u of his ISIajesty, Kiu^' (Jeorf^e the 
Third, and of iiiiy othei' Act or Acts of Parliament, as [iro- 
vidi's for the (.'onstitution or calling' of a Ije^^islativo Council 
or Assembly for the Province of Lower (Canada, or oonferb 
any powers or functions \i\yy\\ theiii or either of them, shoulil 
cease ; and by the svid Act now in recital pro\ision is made 
in the meantime foi tiie appointment by his I\Iajesty of a 
Special Council for the affairs of Lower Canada, and for tlii' 
makinj4 of laws or ordinances for the (jcAernment of the 
said Province by the CJovornor thereof, with the advice and 
consent of the majority of the Councillors present at any 
ineetiu'^ of the Council : And whereas it is expedient that 
some of the provisions contaiuetl in the said lastly-recited 
Act should be altered : Ho it therefore enacted bv the 



AND SUPPLEMENTARY ACTS. 



113 



(,)ii<H'n s most Lxc'L'lUnt ^hijestv, 1)V iiiiil with tlie aflvico iuul I lie Sinoial 

... 1 . . ■ ■ 1 ' 1 -1, 1 ^ ,, < iiimcil to cnn- 

cDiisciit or tlio Loi'ds Spiritual iiiul 1 1'lnporal, and ( oiiiiiioiis, sj-<t nf not loss 

ill this iii-cseiit I'arliaiiR'iit assumbled. ami l)v ihf aiithoritv ''"'" T^''-'"*''' , 

(if tlio saiiio, tliat the iiuniher of ('oiiiKjiilnis furiiiiiiL; th(Hi<> luisiiu'ss to 

. ,,, ... ■ 1 1 1 ii -11.. , he t liilisHctcd 

hpi'cial (.oimcu m iniiiiiier provided l)y the said Act passi d mili'ss cloven 
ill the hist session of I'arliameiit shall imt l)e less than '"' I'l-csciit. 
I'.veiit\', and tliat no hiisiiiess shall he transacted ;it any 
Mieitiii,!4 of the said S[)ecial (Vmiicil at whicli there are not 
jireseiit at least eleven Couneillors.'' ■' 

II. And he it enacted tliat from and iimnediately after Kcpinl of pio- 

i I • c i.1 • 4 i. r !• ii -1 .. J \ ^ visidii (if 1 iV \1 

the jiassin^ of this Act so iiiiich (d tlie said recited Act \|,., ,.|ip_ ii 

passed in the last Session of Parliament iis i.nivides that mi l"'<'y!'"fhiM 'he 
' ' iniilinm ot (icr- 

law or ordinance made by the (ioxcriinr of the said imnn'iit law^; 

11 • CI !• 1 ii 11- I i I'll' idl neniiii- 

J'l'ovmce or Lower t anada, witii siuh ad\ice and cons(.nt as ,|,.,|, [„^^.j. (,, i,g 

theicin mentioiieil, shall coiilimie in force liexond tlit- lirst I'O'l '"'' tl'h'ty 

d:i\s lictorc 
(la\ (if Novi'inher. one thousand eii^ht himdreil and forty- I'liVliiuneiit 

two. unless continued by cdinpeteiit authority, shall hi' and j|J.'j,p' ,",'.' ^„." 

the same is liereby repealed : I'rovidiMl always that e\ery linned. 

law or ordinance \\ liich by the terms and provisions thereof 

shall be made to continue in force after the said first (la\ of 

November, one thousand ei^lit hundred and fort\' two. shall 

lie laid before both Houses of Parliament \vitl:in thirty ihiys 

after a cojiy thereof shall be received by oiii'of her Majest>'f, 

Principal Secretaries of Stat.', under the prosisions of the 

said .Xct of the last Session of I'arliameiit. if Parliament 

shall he then siltiiio, or otherwise within thirty da> s after 

th(! then next meetino of Parliament: and no such hr.v or 

ordinance shall be confirmed or declared to be h ft to its 

operation by her Majesty until such law or onliiunice shall 

first have lieen laid for thirty da\s liefoic both House- of 

Parliament, or in case either House of rarlianunt shall, 

within the said thirty days, address her Majesty to disallow 

any such law or ordinance. 



III. And be it eiiai'ted that from aiiil immediiitely after HciumI of the 

the {lassino of this Act so much of the said recited Act '"'.[.'.j \i',,t ,.„.,_ 

passed in tho last Session of Parliament as provides that it '■'• lii-"hiliituiK 

tax'i'i"": '>i't 
shall not be lawful, by any such law or (wdinance as tlurein no new tax to 

mentioned ti) impose any ta.\, duty, rate, or impost, save ,,'',', J'),'',.' p/^pij,. 

onlv in so far as anv tax, dut\'. rate, or impo-.t, which at the wia-l.- ntui oli- 

,, , , ■ ' . , . , . , , . , jectsol iiiniii(.'i- 

passiiij^ ot that Act was payable within the said Province of pid ^^overti- 

Lower Canada, mi^'ht be continutd, shall be and tlu- same !i',',''.i'|'t',ix"s\iot 
is hereby repealed : Provided always that it shall not be to tie npimi 
1 I- 1 f " ■ 1 • 1 ^ , ■ 1 ' , I , iiriiitt'd l)v 

lawlul lor tiie said (lovirnor. with such advice and consent (idverninciit. 



144 



TIIK CONSTITUTIONAL ACT 



as aforosuid, to make any law or ordinance imposinr;, or 
autliori/inji the imposition of any new tax, duty, rate, or 
impost, except for carrying' into effect local inijirovemonta 
within tli(! said Province of Lower Canada, oi- any district 
or other local division thereof, or for the estabiislunent or 
maintenance of police, or other objects of municipal f^overn- 
ment, within any city or town or district or otiier local 
division of the said Province : Provided also tliat in every 
law or ordinance imposing,' or authorizin-^ the iini)ositioii of 
any sucli new tax, duty, rate or impost, provision sliall lie 
made for the levying,', receipt, and apiiropriation thereof by 
such person or persons as shall be thereby appointed or 
desij^nated for that purpose, but that no such new tax, rate, 
duty, or impost shall be levied by or made payable to tiie 
Receiver-General or any other public officer employed in the 
receipt of her Majesty's ordinary revenue in the said 
Province ; nor shall any such law or ordinance as aforesaid 
provide for the appropriation of any such new tax, duty, 
rate, or impost by the said (lovernor, either with or without 
the advice of the JOxecutive Council of tiie said Province, or 
by tiie (Commissioners of her Majesty's treasury, or by any 
otlier officer of the Crown employed in the receipt of iier 
INIajesty's ordinary revenue. 



Kopeal of tlie 
provision of 
1 & \l \\v.t., cnp 
9, prohibiting,' 
tlie alteration 
of Acts of I'ar- 
liiiiueiit; l)iit 
no law to 1)(! 
made alfectiiii^ 
the Toniiioral 
or Spiritual 
rit,'hts of llcolo- 
siiisties, or tho 
law of tenure. 



IV. And be it enacted that from and after the passiuff of 
this .\ct so much of the said recited Act passed in the last 
session of Parliament as provides that it shall not be lawful 
for any such law or ordinance as therein mentioned to 
repeal, suspend, or alter any provision of any Act of the 
Parliament of Great liritain, or of the Parliament of tlie 
United Kingdom, or of any Act of the Legislature of Lower 
Canada, as then constituted, repealing or altering any sueli 
Act of Parliament, shall be and the same is hereby r.tpealed : 
Provided always, that it shall not be lawful for the said 
Governor, with such advice and consent as aforesaiti, to 
make any law or ordinance altering or affecting the Tem- 
poral or S[)iritual rights of the Clergy of tiie United Church 
of J'lngland and Ireland, or of the Ministers of any other 
religious communion, or altering or affecting the tenure of 
land within the said Province of Lower Canada, or any part 
thereof, save so far as the tenure of land may be altered or 
affected by any law or ordinance which may be made by 
the said Governor, with such advice and consent as afore- 
said, to provide for the extinction of any Heignorial rights 



145 



AM) SUPPLKMENTARY ACTS. 

and dues now vested in or claimed by tlie Ecclesiastics of 
tlie Seminary of Saint Sulpice at Montreal witliin tlie said 
Province, or to i)rovide for tiie extinction of any Sei>;norial 
rights ^,1(1 dnes vested in or claimed by any other person 
or p. rsons or body or bodies corjiorate or politic, within the 
Island of Montreal, or the island called Isle Jesus, within 
the said Province. 

V. An.l be it enacted that every law or ordinance to be Law. ote to 
made by the said Governor, with such advice and consent !"' l'"''"-^'"''' 
as aforesaid, shall, before the passing or enactment thereof, '" '""""' 

be published at length in the public Gazette of the said 
Province of Lower Canada. 

VI. And be it enacted that for the purposes of this Act noCnition of 
the per.son authorized to execute the Commission of Gov- ('"^i''""!-. 
ernor of the Province of Lower Canada .shal' ')e taken to be 

tile Goveinor thereof. •"'* 

VII. An.l be it enacted that this Act may be amended or Act ,ur>v I,.. 
rcpeale.1 by any Act to be [.assed during the present session '"■'"^■'"^^'''l. i''«- 
of Parliament.''' 



1. M 



^r 



146 



THE CONSTITl'TIONAL ACT 



NOTKS TO Tin: CONSTITUTIONAL ACT AND 
SUl'PLKMKNTAKV ACT8. 



7^ 



I This stiitiltc is :!I (i<'iirf,'i' III., ca)). 31. Tlu' text is reprinted frcnn t\n' Iiiijieriiil 
" Statutes at Lar(,'c," l.diHloii, IT'.ll. For a full icport of the diMiates on tlie 
tiieiisure wliile it was in )iroj,'ress thi'ou!,'h tlie I'.ritisli I'lii'limueiit see ('lareiiddns 
" Parliamentary ('hrmiieU'," \'ol. III. One ot tlie chief eauses of the I'lissa^'c of 
thi.s .Vet was the influx of British iniii]i^.'riii]ts, Known ks " I'nited lhii|iiie 
Loyalists," who settle. 1 at Viirions points alon.L; llie noitii shore of LiiKe Ontinio. 
and in tlio N'iii;:iira peninsula. 

■•i This intention was not earrie(l out till after the .\et was passed. On the Llltii 
of .VuL'Ust, IT'.U, tw(j "Orders" were passed hy the KiiiK in Couneil. one niakin^^ 
tlio division of Quebec into Upper and Lower Canada by a boundary detiiied in 
the "Order;' the other eilin^' this "Order ' and enjoining,' the issue ol a warrant 
authorizing the (lovernor of (Juebec to tix a day for the .\et to ^'o into opeiatioii. 
Both Orders iiiCouiu-il ■■re j^iveii at len:.'th in the collection of imjiers entitled 
"Ontario Houndaries lieforo I'rivy Council, Ins|." Lientenant-(iovenior Clarke, 
in the absence of liOril Dorcli»!st(!r, procliiimed the 'Jdtli of December, 17'.)1. as tlie 
day wlieii the division of the Province slKJiild take elfect. Tlie text of his jirocla- 
mation is f,'iven in Vol. O. of the '• Statutes of Lower Canada." 

•'Hoe Note 1 to " Kepiesentative .\ssenibli<'s in the Maritime Provinces." 

•• See. II (ieor^c l\. iV I \\'illiam TV., cai). ."i3. iijiiii iidi'd to this Act. 

■'■ For arf^nments for and aiiainst this desi;,'n to create a i)olitical aristocracy f^ce 
the debates in Claremlon's " Piirliiimeiitary Chronicle," Vol. 111. The projiosal 
emamittHl from Pitt and was endorsed by Hurke, but was opposed by FoX. who 
declared his preference for an elective (dmicil. 

I' The pro(;liimat ion dividinj,' Lower Ciinadii into electoral districts was issued at 
Quebec by Lit'uteiiiint-Ciovernor Clarke on the 7th of .May. ITilii; the te.xt will he 
found in N'ol. O. of the " Statutes of Lower Canada." The proclamation dividiiif^ 
Upper Canada was issueil at Kinj,'ston by Lit'uteinint-(io\ernor Siincoe on the IGlli 
of .luly, IT'.l'J, and the text of it is ^liven in full in ThomHoii and McFarlaiie's col- 
lection of " Statutes of Upper Canada. IT'.H-IKil, ' (Kinj,;ston. l.s;il). 

T Lieuteniiui-(ioveriH)r Cliirke's protdamatinn annoiincint,' the issue of writs for 
the election of the tirst Lower Canadian Assembly was dated the 14th of May. 1792. 
and the writs wi'ie made returnable on the lOth of July following. The text of 
the proclamation is j^ivi'ii in \'ol. O. of tlit^ " Statutes of Lower Canada." 

s See Note -I above. 
The tirst Parliament of Lower Canada met iit Quebec on the 17th of December, 
I71''2. For an account of its organization and work see Christie's ''History of the 
Late Province of Lower Canada," Vtd. I., cap. IV. The lirst Parliament of Upper 
Camilla met at Niat^ara, then Newark, on the 17th of September. 1711-. An account 
of its work will be found in Head's " Life of (lovernor Simcoe." 

lu Comiiiire sections ,")0, .S"), h(), and i^s, of the Hrltish North .\meriea Act, 1H67; 
sections :t and t of chapter 11 of tlio Revised Statutes of Ontario, IHHT \ and article 
111) of the Uevised Statutes of Quebec, ]8,S,S. 

II The ordinances above referred to is 3'2 (ieorge III., cap. 1. It was passed as a 
teni)iorary measure, and its operation was prolonged in Lower Canada by .\ct of 
the first Parlianu'iit. 33 (Jeort^e HI., cap. 3. This was in turn repealed by M Cleorge 
III., cap. I). In Upper Caiuida a Clourt of Appeal was established by 34 George 
III., cap. 'J. 

I.! Tithes payable to the i lert,'y of -'tint Protestant Cburcli" were uboliBbed by 
.\ct ol the I'ppi'i- Can.idian Legislature {'2, George IV., cap, 32). 



AND SUPPLEMENTARY ACTS. 



147 






IM Tlic Iiiipi'i-iiil Statutes (li'iiliim fiirtlu'i" witli the l^lcruy Uoscrves aro the fol- 
lowing;: 1) (iooi'Ho IV., cap. .V.i ; 7 it H (ionr^'o IV., fii)). (iJ ; :! & 4 Vict., cnii. V^ ; 
iiiiil If' & 17 Vict., cap. 21. 

14 Uiidor tlic Miitliority of those clan.sos Sir .Tolm Colhonio, when LieutcnRut- 
fiovoviior of I'ppi'r Cantida, in l.s:!(i issued h'ttt^rs patent creatiiiL; fifty-seven 
rectories. The text of the iiistnunent wliicli created and enilowed tlio " I'ars(iiiaj,'o 
or Kectory of St. James," in the townsliip of York, is f^iven in full in the hill tiled 
in Chancery in the "Rectories Case," August •2'>tli, Is.rJ, by .\ttorney-(ienernl 
Richards. The prayer of the hill wasthnt tht- letters patent should ho declared 
void and that the lands constituting the endowment should he f,'iven up. The 
decisioTi of the Court was that tlu! Lieiitenant-Ciovernor hud authority under these 
sections to create and endow rectories, and this decisidii has never since heeu 
reversed. Seethe volume known as "The Rectories Case, Upjier Ciinada," con- 
taining the bill in (.'liancery and iniiny other docunionts; Vols. V. and VI. of 
Orant's Cliancory Reports, L'ppijr Cmada; "Relit,'ious Kndowments in Canada," 
by Sir Francis Hincks (London, iKGi)); and "Reminiscences of His ruhlic Life," hy 
tlio same author. 

15 The "cler^'y reserves " were secularized in is.")! by .\ct of the Canadian Parlia- 
ineiit. 1^1 Vict., cii)). 2. Later I'nactmonts dealt with the uses to which the funds 
obtained hv the sale of the lands should be put. 

It) The boundary line between Upper and Lowi^rCanada from the St. Lawrence to 
the Ottawa river (see Appendix i was located with ii view to exclndinj,' from Upjier 
Canada as many as possible of the existing Seit,'noriis. 'l"his design of converting 
feudal tenures into free and common soccaKo holilinj,'s, was the motive of several 
subsequent enactments of the Imperial Parliament. See:) (ieorf,'e TV, cap. 11': (J 
(iei r^'o IV., cM.p ")',l ; and 1 William IV., cap '20. The Canadian Statutes dealing 
with the same subject avu H Vict., cap. \-2; \'2 Vict., cap. li) ; and is Vict., cap. :i. 
The last of these is 'The Seiunorial \i{" of is.">t, which abolished "all feudal 
rights and duties in Lower Canada." See note VI to the " Quebec Act, 1774." 

17 The instructions to (iovernor Carleton in 177."), and to the same ollicer as I^ord 
Dorchi ster in 17.ii;, authorized him to grant lauds anywhere in the then I'rovince 
of Quebec, on feudal tenures. 

IH See "Colonial Taxation .\ct " above, 

I'J Disputes soon arose between Upper and Lower Canada over the division of 
the revenue from customs duties on j^oods imjiorted by way of the St. Lawrence 
\n agreement was arrived at in 1H17, that one-fifth of all the duties collected iu' 
Lower Canadashoulil be paid to Upper C anada. iind this was ratilied in the follow- 
ing year by .Vet of I'luiiament of Ijower Canada (.'i.S (ieorge III., cap, 1), ami by .\ct 
of Parliament of Upper Canada ('iH (ioorge. III., cap. i:i). The Lower Canadian 
Statute expired on the first of July, l.sh), and the Assembly refused to renew it. 
This refusal ultimately led to the passage of the Imperial Statute known as ' The 
Canada Tradi! .Vet" Ci Cieorge IV., cap 1111), which made permanent the agreement 
that one-tiftli of tlie duties should go to Uiiper Canada. See Christie's "History of 
Lower Canada.' Vol II., cap. 23. 

'JO See N'ote 2 above. 

■.ii See Notes 7 and >.) above . 

-'•! This Vet is 11 George IV. & 1 WiUiaiii IV., cap. 53. The text is reprinted 
from the Imperial "Statutes at Large." London, 1.S32. 

as See " The Constitutional .Vet, 1791," section 1. 

M The Knglish " Hansard " does not give any of the discussions on this measure 
in its progress through Parliament, and the Canadian histories are silent as to the 
reasons for its enactment. 

H.C.C. 10 



148 



THK CONSTITUTIONAL ACT. 



M Thin 8tat\ito is 1 A- 2 Vict., oap. •». Tlio text is rt^priiited from tlio Imperial 
" Statutes at Lar^'a," l/ouiioii, lH.iH. 

a" For an account of tlio state of tlio Province which led to the imssinp of this 
Act see Christie's " History of Lower ("aiiatla," Vol. IV.; (larnoau's "llistoire du 
Canada," Vol. HI.; and Lord Durham s Uoport. On the (Uh of March, 1n3(), the 
ISritish House of Coiiimnii'; adopted a scries of resolutions which declared it inex- 
pedient to comply with till! (leiiiaiid of the Let^islative Assemhly fnr an elective 
LoKislative Council. When the Assemhly intit the followim,' year it accepted these 
resolutions as "a formiil and total refusal of the refurms and improvements" 
demanded hy that Hnuse. The Leuislature met on the IHth of AuKUst, IHItV, and 
on the 2()th of tlie same month it was proroiiiKHl hy Lord Gosford never to he 
siimmoneil attain. The immediate! result was a resort to arms on the part of the 
leaders of the .\ssemhly, and ii more remote one was the i)Mssat,'(! of this Act hy tlu' 
Kritisli Parliiimi'iit in Kel)ruary, lK!s, and its proclamation in liower Canada on 
tho'2'.)th of .Man'h tolh.wiiii,'. 

■J7 The i)(>rmaneiit arraULtemeiits here Cfintemi)late(l wcn'o not made till the 
Union .\ct was imssed in IslO. The intention was to make such arrangements diir- 
inn the same session. See section IX. of this .\ct. 

'J« The first Coiuutil. which was called hy Sir .John Colhurno as admhiistrator. 
pending Iiord Durham's arrival, was composed of eleven French and cdeven I'ln^'- 
lish memhers ; their names are j^iven in Christie's •'History of Liiwer Canada," 
Vol. v.. p. .'"):!. 

2'.> Tliis .\ct is 1 ,^- ■> \'ict., cap. Il-J, It is reprinted from tlie Imperial "Htatulcs 
at liiirHe," London, isjs. 

:«• When Lord Durham arriv<'d in Lower Canada, as (invernor, he found niiiiiy of 
the iiisur,;,'eiits still in prison, am! in order to t,'et rid as easily as possihle of tlie 
dillicully created hy their detention i'o secured the previous consent of the leaders 
of the movement to th(;ir own haiiishio'Mit, and had this ordinance passed by hi.s 
■'Special Council "on the 2sth of .rmie. i.'J«. The text of the document will he 
fouiiil in the collection entitled "Ordinances :\Iade and I'assed hy the Govcrnor- 
(leiieral and Siiecial Council for the .Mfairsof the Province of Lower Canadii," 
Vol. II. It is civen in Christies " History of Lower Cana<la," Vol. \., pj), KKMTl. 
It enacted that Wolfred Nelson and seven others then in prison should he hanislied 
to the Hermndas and he detained there, and that Louis .Joseph I'apinean, (ieorKo 
Ktienne Cartii^r, and fourteen others, then fugitives from .justice, should not he 
permitted to return except hy speciiil periiiissi(jn from t]\v (iovernor. The clause 
piovidiii!,' for the deteiitidii of the insiir^'ents in tlie Hermudas was made the 
Kroiiud for declaring! the ordinance ultra f/j-c.v of the (hivernor and the Siiecial 
Council, a view put forward hy Lord lirouKham ami endorsed hy .Vttin-ney-General 
(afterwards Lord Chancellor) I'annihell. 

:'i Tht^ iMssa'.je of this Act cha^'riiicd Ijord Durham to such an extent that he 
soon afterw.irds rt'tired to l',iii;liind. 

■^•i This statute is 'Jitti Vict., ciiii. ");i. It is reprinted from the Imperial " Statutes 
at Larue," liondou, l.sH. 

■1-1 See Note vJs above. Lord Dnrliam's Council, which passed the Ordinance 
under which Xelsou and others were banished, was composed of Vice-.\dmiral 
Pa^et. who v.iis tlicii on a, visit from Halihix to Quebec ; Major-General Rlaei'on- 
ncll, Lieut. -i;ol. (irey. Col. Cowper, and Hon. Charles Duller. Not one of these 
mombers was a ('anadian. 

:^i Sir .John Colhorne succeeded Lord Durham in the administration of the 
Government of Lower Canada. 

•'■' No amendinf,' .Vet was passed during that session; the next statute dealiiif.' 
with the constitution was the L'uion Act of IHlO. 



ANl> Sri'l'LKMENTAUY ACTS. 



149 



THE UNION ACT, 1840, AND SUPPLEMENTARY 

ACTS. 

tn Act^ tn rr-uiiitf f/ir I'rorinns di' I'li/irr anil Lmrrr Canaila, ami 
fur tin' iinrmiiiiiut nf ( 'innnlii . 

[23bp July, 1B40. 

WluTcas it is necessary that provision he made for the 
ijoocl f^overniiieiit of the I'roviiices of I'pjjer •:.m\ Lower 
Canada, in such manner as may secure the rif^hts and liher- 
ties and promote the interests of all classes of her Majesty's 
-;uhjects within the same : And whereas to tliis end it is 
expedient'^ that tlie said Provinces he reunited to form one 
Province for the purposes of executive f^overnment and 
iej^islation : Be it tlienfure enacted by the (j)ueeii's Most 
Excellent INIajesty, by and with the advice and consent of the 
fjords Spiritual and Temporal, and Commons, in the pre- 
sent Parliament assemljled, and by the authority of the Di'dttiatidn of 
same, that it shall be lawful for her Majesty, with the 
advice of her l'ri\y ('ouncil, to declare, or to authorize the 
(lOvernor-General of tlie said two Provinces of Upper and 
Lower Canada to declare Ijy proclamation'' that the said 
Provinces upon, from, and after a certain day in such pro- 
rlamation to be appointed, which day shall be within iifteen 
calendar months next iifter the passing' of this Act, shall 
form and be one Province under tlie name nf the Province 
of Canada, and thenceforth the said I'rovinces shall consti- 
tute and be one Province under the name aforesaid upon, 
from, and after the day so a[)])ointed. as aforesaid. 



L'liiou. 



II. And be it enacted that so much of an Act* passed in l!ei>eal of Acts 



the session of Paidiament held in the tliirty-first year of the 
reign of Geort,'e the Third, intituled, " An Act to repeal cer- 
tain parts of an Act passed in the fourteenth year of Ilis 
Majesty's Rei^'n, intituled 'An Act for making more effec- 
tual Provision for the Government of the Province of Que- 
bec in North America,' and to make furtlu'r Provision for 
the Government of the said Province," as provides for con- 
stituting and composing a Legislative ( junciland Assembly 
within each of the said Provinces respectively, and for the 



!1 (i ,i, C. ,J1. 



150 



TlIK INrON ACT 



l&2Vic.c.9. maluii^ of laws; and iilso tlic whole of an Act'' pass(tl in 
tlic session of I'arliiinicnt liild in the (irst and second yesirs 
of tlie reij,'n f)f her [iresent Majesty, intituled '• An Ai't to 
maUc Teniporiiry Provisifjii for the (lovernmcnt of l,o\S(r 
Canada;"' ami also the whole of an Act'' passed in the ses- 

2 A- ;t Vict. c. .">:!. *^i"" '^^ I'arlianient held in the second ami third vears of the 
reiu'n of her present Majesty, intitnled "An Act to Amend 
an Act of tlie last .Session of Parliament for making' Tein- 
))orary I'rovision for the CJovornment of liower Canada ; ' 

1 & iiW. 'l.c.'i'i. ami also the wlude of an Act" passed in the session of Par- 
liament held in the first and second years of the rei).'nof his 
late Majesty, Kinj^ William tiie I'Vinrth, intitulid •■ An Act 
to amend an Act of the fourteenth year of His Man^ty, 

llG.li, OH. Kiuj^ (ieorj^e the Third, for establishing a fund towards 
defraying' the Char^'es of the Administration of Justice and 
the Hui)port of Civil Government in the Province of (^Hieheo 
in America; " shall continue and renuiin in force until the 
day on which it shall be declared by proclamation, as afore- 
said, that the said two Provinces shall constitute and be one 
Province as aforesaid, and shall be repealed on, from, and 
after such day : I'rovided always that the repeal of the said 
several Acts of Parliament shall not be held to revive or 
}^ive any for(!e or etiect to any enactment wbicli has by the 
said .\cts, or any of them, been repealed or determined. 



CcinipositiDn 
iiiul I'owers ef 
Li;«islaturc. 



111. And be it inacted tiiat from and after the reunion of 
the said two Provinces there shall be within the Province of 
Canada one Lej^ishitive Council and one Assembly to be 
sevei'ally ccuistituted and composed in the nuinner herein- 
aftt'r prescribed, which shall be called " The Lej^islative 
Council and Assembly of Canada ; " and that within the 
Province of Canada lier INIajesty shall have power, by and 
with the udvice and consent of the said Legislative Council 
and Assembly, to make laws for the peace, welfare, and ^.'ood 
j,'()\i'rnment of the Province of Canada, such laws not beiuf^ 
repu;4nant to this Act, or to such parts of the said Act" 
passed in the thirty-lirst year of the reign of his said late 
^Majesty as are not hereby repealed, or to any Act of I'arlia- 
nient made or to be made and not hereby repealed, which 
does or shall by express enactment or by necessary intend- 
ment extend to the Provinces of Upper and Lower Canada, 
or to either of them, or to the Province of Canada ; and that 
all such laws being passed by the said Legislative Council 
and Assembly and assented to by her Majesty, or assented 



r 



AND STTPLKMENTATIY ACTS. 



151 



to in lior Miijost..''s iiaiu'' by tlic (lovoriior of tlu- I'roviticoof 
Ciniula, sliiill be valiil ami Ijiiiiliiit,' to all iutuiits and [>iir- 
|)iwcs witliiii lliL' I'luvincc of Cuiiaila. 

I\'. And bu it enai.'tud tli.it for the purpose of coniposini,' ApiidiiitnuMit 

1 r • 1 ^- r\ -1 c ii i> • en 1-^1 II "• l-l't-'i-^llltivo 

till' Legislative Co;uiciI of the i. rovuice of (yanad.i it shall coimcillors. 

be lawful foi- licr Majesty, befori' liio time to be ai)poiiiti'd 

for tlu' tirst inectint^ of the said Li'^isjativc (.'oiuhmI and 

A-^cnibly, by an iiistrnincnt under tlu- si^n manual, to 

iiulliorize the Governor in lier Ma,ji>-ity's nanu'. by an insiru- 

ineiit under the (ireat Seal of the said I'rovinee, to sninnion 

to the said Le;,'islative (.'ouncilof the said Province sneh per- 

>tiMs, beiii'4 not fewer than twenty, as her Maie-^ty shall tiiink 

lit: and that it sliidl also be 1 iwfnl for her IMajestv from 

time to time to autluirize the (iovernor in like manner to 

siniimoii to tlu; said Lej^islative Council such other person 

or |)ersona as her ^Majesty shall think fit, and tliat every i)er- 

son who shall be so summoned shall thereby become a mem- 

hi'i' of the Leftislative Council of the Province of Canada : 

Provided always, that no person shall be summoned to the QuuliiicMtinn 

said Lej^islative Council of the Province of Canada who'','' l-'^^i-^'ative 

shall not be of the full at,'e of twenty-one years, and a 

natural-born subject of her ^Majesty, or a subject of her 

!\Iaiesty naturalized by Act of the Parliament of (Ireat 

Ih'itaiii, or by Act of the Parliament of the Uniterl Kintjdom 

of (ireat liritain and Ireland, or l)y an A(;t of the Ijeu'isla- 

ture of either of the I'rovinces of Upper or Lower (Canada, 

or l)v an Act of the Le''islature of the Pro\ince of Canaila. 






\'. And be it enacted that every member of the Let,'islative Teniii-cof dUicc 
Council of the Province of Canada shall hold his seat therein '"' ^-""'"••'■'<"' 
for the term of his life,' but subject nevertheless to the [iro- 
visions hereinafter contained for vacatiu'' the same. 



VL And be it enacted that it shall be lawful for any i;esii,'iiatiiiii of 
rnomber of the Legislative Council of the Province of (Janada c^nmunior, 
to resign his ; oat in the said Legislative Council, and upon 
such resignation the seat of such Lej^islative Councillor shall 
become vacant. 



VII. And bo it enacted that if any Lej^islative Councillor Vacatini,' seal 
of the Province of Canada shall for two successive sessions ^^ '^'' ''^'"'^'^' 
of the Le^'islature of the said Province fail to -.live his attend- 
ance in the said Le<^islative Council, without the permission 



152 



TITK UNION ACT 



of her Majesty or of the Governor of the said Province sijjni- 
fied by the said Governor to the Let,'islative Council, or sliall 
take any oalli or make any declaration or acknowledf,Miiciit 
of allej,'iance, obt'dience, or adherence to any foreij^n prince 
or power, or sliail do. concur in. or adopt any Act wherebv 
he may become entitled to the rij^hts, privilej^es, or immuni- 
ties of a subject or citizen of any forei^jn state or power, or 
shall become baid<rupt, or take the benefit of any law relat- 
ing,' to insolvent debtors, or become a public defaulter, or be 
attainted of ti'eason. or be convicted of felony or of any 
infamous crime, his seat in such Council shall thereby be- 
come vacant. 



Trial of qncs- 
tious. 



VIII. And be it enacted that any (juestit)u which shall 
arise respectin:,' any vacancy in the Le.i^islative Council of 
the Province of Canada, on oc(;asion of any of the matters 
aforesaid, siiall be ri'ferred by the Governor of the I'rovince 
of (Canada to the saitl Lej^islative Council, to be by the said 
Let^islative Council heard and determined : Provided always 
that it shall be lawful, either for the person resiiectinj4 
whose seat such ipiestion siiail have arisen, or f.)V lier 
^Majesty's .Vttorney-Gencral for the said Province on her 
Majesty's bclialf. to ai)peal from the determination of tiie 
said Couni'il in such case to her Majesty, and that the judg- 
ment of her INIajesty, ^'iven with the advice of her Privy 
Coimcil thereon, shall be linal ami conclusive to all intents 
and purposes. 



.\ppouitnient 
of Speaker. 



I.\. And be it enacted lliat the Governor of the Province 
of Canada shall have power and authority from time to 
time, by an instrument under the Cireat Heal of the said 
Provinci', to appoint one mend)er of the said Legislative 
Council to be Speaker of the said i .e<,;islative Council, anil to 
remove i\ini and a[)poinl anotlier in his stead. 



Quorum. ^^- And be it enacted that the presence of at h'ast ten 

nii'mbei's of the said Iiej.;islative Council, iucludiui^ the 
Speaker, sliall be lu'cessiiry to constitute a meeting' for the 

Division. e.xercise of its [lowers : and that all (piestions which shall 

arise in the said Let^isiati\e Council shall be decided by a 
majority of voices of the memliers present other than the 
Speaker, an<l wlieii tiie voices sluill be eijual the Speakir 

Casting vote, shall have the castini' vote. 



AND SrPPLEMKNTARY ACTS. 



153 



XI. And l)u it enacted tliat for tlie [Jiirpose nf constitulint,' ('""vokiif; the 
the Legislative Assembly of the I'rovineeof ('anada it shall 

be lawful for the (lovernor of the said Province, within the 
time hereinafter mentioned and thereafter from time to 
time as occasion shall recjuire, in her ^Majesty's name and 
by an instrument or instruments under the Cireat Seal of 
the saitl l'ro\ince, to summon and call together a Lej^islative 
Assembly in and for the said Province. 

XII. .\nd be it enacted that in the Lct^islativc Assembly HepresiMitii- 
of the I'rovince of (Canada, to i)e constituted as aforesaid, the |',-oviiicc. 
parls of tiie said Province which now constitute the Pro- 
vinces of Uli]ier and Lower (.'auada respectively, shall, sub- 
ject to the ])i-()visions hereinafter containeil, be re^)resented 

by an (Mjual number of I'epresentatives to be elected for the 
places and in the manner hereinafter mentioned. 

XIIL And be it enacted that the County of Ilalton in the <''iuut.v of Hal- 
Pruvince of U|)i)er Canada shall be divided into two ridiei's. 
to be called respeiitivily the jvist HidiuL; and the Wes*. ]{id- 
iui,'; and that the lOast Ilidiii!^ of the said C()Unt^ shall 
consist of the following townslu[)s, namely : Tr.ifal^ai', 
Nelson, I'.siiuesinj,', Xassaf^aweya, lOast Flaml)oroMf^n, West 
riamlioroui^li, J'^rin;i, iieverli'V ; anil that the Wca Hiding' 
of the said (^lunty shall consist of the followin)4 towships, 
namely: (lai-afraxa, Nichol, Woolwich, (;uel)>h, Waterloo. 
Wilniot, Dumfries, Puslinch, Lramosa ; and that the East 
llidiui^ and West Ridinj^ of the said County shall each be 
represented by one member in the Le^^islative Assembly of 
the Province of Canada. 



XIV. And he it enacted that the County of Xctrtluimber- coiuiiv nf 
land in the Province of Upper Canada shall be divided into i^,',*,^'"""''^'' 
two ridini^s, to be called respectively the North Hidin;^ and 
the Soutii Uidiui,'; and that the North KidiuL,' of the last- 
mrntioned County shall consist of the following townships, 
nami'ly : Mona'^han, Otonabee, Asphodtd, Smith, J)ouro, 
Dummer, JJelmont, Methuen, IJurlei^h, Harvey, Lmily, 
Core, llnnisniore ; and that the South Riding of the last- 
mentioned County shall consist of the following' tosvnshii)s, 
namely : Hamilton, Haldimand, Cramak, ]\lurray. Seymour. 
Percy; and the Noith Hiding' and South Itidinji of the last- 
mentioned County shall each be representetl by one member 
in the Let^islative Assembly of the Province of Canada. 



154 



THE UNION ACT 



Cduiity of Liii 
coin. 



.\\\ Ami l)e it ouiictcd that tlu" ('Duiity of Lincoln in tl\e 
Province of Upper CJanada shall be divided into two riilinj,'^, 
to 1)6 called res[)ectively the North lUdinj,' and the Sontli 
Hiilinj,'; and that the North Ridinj^ shall be formed by 
nnitin^' the I'^irst ]\idin^ and Second l^idinj,' of the said 
I'oiinty, and the South liidin<^ by unitin;,' the Third Hiding 
and Fourth iiidinj^of the said County; and that the North 
and South Ridin<,'s of the last-mentioned County shall each 
be represented by one member in the Le<^islative Assembly 
of tlie Province of (.'anada. 



X\'I. And be it enacted that e\ery county and ridin;,'. otlu'r 
coiisiituoiiuy j],.^„ ^],Qyj^ herein-before specified, which at the time of the 



Otlicv county 
coiisiituoiiuy 
of I'pinir (..an- 
ada- 



passinj,' of this Act was by law entitled to be represented in 
the Assembly of the Pi'ovince of I'pper Canada, shall be 
repi-esented by one nu'ml)er in the Le<,'islativu Assembly oi 
the Province of Canada. 



Town constitii- XV'II. And be it enacted that the City of Toronto shall 

eiicy of Ijiiiier j^^ represented bv two members, and the towns of Kiu'iston, 

Urockville, Hamilton, Cornwall. Niaj,'ara, I^ondon, and 

Jiytown shall each be represented by one niembei' in the 

Legislative Assembly of the I'rovince of Canada. 

County con- XViTL And be it enacted that every county which before 

Ijower Caii'iif'a '^'"^ "-^ ^'^'-' time of the passing of the said Act'" of Parlia- 
1 & ii \ ict.c. <i. ment, intituled " An Act to maki' temporaiy pinvision foi' 
the Governmentof Ijower Canada"' was entitled to be repre- 
sented in the Assembly of the Province of Lower (Canada, 
except the Counties of Montmorency, Orleans, J/Assonip- 
tion, La (Ihesnaye, LWcadie, Lai)rairie. Dorchester, and 
lieance hereinafti'r mentioned, shall be ivpresented by one 
mendjer in the Legislative Assembly of the Province of 
Canada. 



Furtlior pro- XIX. And be it tmacted that the said counties of ^lont- 

visioiinsto niorencv and Orleans shall bi' united into and form one 

coiislituency lit 

Lower raniulu. county to be called the ('ounty of ^Nhnit morency; and that 

the said Counties of Jj'Assomption and La Chesnaye shall 

be united into and form one I'ounty to be called the County of 

Leinster ; ami that the said Counties of 1/Acadie and 

Laprairie sliall be united into and form one county to be 

called the County of LLintingdou ; and that the Counties of 

Dorchester and Jieauce shall be united into and form one 



AND SUPPLEMEXTARV ACTS. 



155 



ciuitity t(i be callorl tl.o (.'oiiiity of DorcliC'st(>r : and tliat each 
of tlio said Counties of Montmorency, Leinster, Iliintin^'don, 
and Dorcliester shall be represented l)y one nienil)er i)i tlio 
Legislative Assembly of tlie said Province of Canada. 

XX. And be it enacted tliat the Cities f)f (Quebec and Town constitu- 

-vT 1. 1 1 II 1 1 i 1 1 i. 1 1 eiiov iif Lower 

Aloritreal sliall eacli be I'ejjresented by tvo nienioers, and (..^,j,^jg^ 

tlie Towns of 'J'hree Itivers and Sliei'brooke shall each l)e 

represented by one member in the Legislative Assem))ly of 

the Province of Canada. 

XXI. And be it enacted that for thc! purpose of electing I'miiiKlarios nf 
til' ir several representatives to the said Legislative Assem- townVtc) be 

blv, the cities and towns hereinbefore mentioned shall be ^y'^'^b'd l>y the 

Cioveriiiir. 
deemed to be bounded and limited in such manner as the 

Governor of the Province of Canada, by letters patent under 

the Great Heal of the Province to be issued within thirty days 

tfter the union of the said Provinces ot U[>per Canada and 

Lower (Canada shall set forth and describe: and such jjarts 

of any such city or town (if any), which shall not be imduded 

within the boundary of such city or town respectively by 

such letters patent for the jiurposes of this Act. siiall l)e 

taken to ho a part of the a(lj'jiiiin<,' county or riding foi- the 

purpose of beim; re[)resented in the said Le^islat i\e 

Assembly. 

XXII. And be it enacted that for tlu' pur[)ose of clectinj^ lU'tunuiiL; 
the members of the Legislative Assembly of the I'rovince of Oihcers. 
Cauatia it shall be lawful for the CJovernor of the said l*i'o\inci.' 

from time to time to nominate ])roj)ev persons to execute tlu; 
ot'lice of Ketui'uin;,' Ot'licer in each of the said counties, rid- 
iu.tjs, cities, and towns, whicdi shall be represi'uted in tiie 
Lej,'islative .Vssembly of the Province of Canada, subject 
nevertheless to the iirovisions hereinafter contained. 



XXIII. .\nd be it enacted that no person shall be oblij^ed Term of nitici' 
to exc^cute the saul oth'^e ot lieturiiin^ Olhcer toi- any lon^'er om^^^yr. 
term than one vear, or oftenor tinin once, uidos it shall be 



at any time otherwise provided by some .\ct or .Vets of 
Legislature of the Province of Canada. 



the 



XXIW And be it eiuvcted that writs for tlie elecjtion of Writs of dec- 
members to serve i:i the Lej,'islative Assembly of the I'ro 
vince of Canada shall be issued bv the Governor of the said 



156 



THK IN ION ACT 



Province witliin fourteen days after the scalin{» of such 
instrument, as aforesaid, forsunniionin.i,' and calling' toj^ether 
such Lef^islative Assembly; and tliat such writs sliall be 
directed to the returning' officers of tlie said counties, rid- 
ing's, cities, and towns respectively ; and that sucii writs 
shall 1)(-' made returnable within fifty days at farthest from 
the day on which tliey shall bear date, unless it shall ataiiv 
time be otherwise provided by any Act of the Lej^islature of 
the said Province ; and that writs shall in like mainu'r and 
form be issued for the election of members in the case of anv 
vacancy wliich shall happen by the death or res! sanation of 
the person chosen, or by his beint,' summoned to the [legis- 
lative Conned of the saiil Province, or from any other lei,'al 
cause; and that such writs shall be made returnable within 
fifty days at fartliest from the day on which they shall i)ear 
date, unU'ss it shall he at any time otherwise pro\ided by 
any Act of the Ije^islature of the said Province ; and that 
in any case of any such vacancy which shall ha|)pcn by the 
death of the person chosen, or by reason of his bein^ so sum- 
moned as afoi'esaid, the writ for the election of a new mem- 
ber shall be issued within six days after notice thereof shall 
have been delivered to or left at the office of the proper 
officer for issuintl such writs of election. 



I'owor to alter 
system of re- 
l)rcsoiitatioii. 



XWF. And be it enacted that it shall be lawful for the 
JiCi^islature of the Pi'ovinceof Canada, 1)\- any Actor Acts' ' 
to be hereafter passed, to alter the divisions and extent of 
the several conntie's, ridings, cities, and towns which sliall 
be represented ill the Leijislative \ssembly of the Province 
of Canada, and to establish new and other divisions of the 
sitnu'. and to niter the Hiiportionmeiit of representatives to be 
chosen iiy tlie said counties, ridings, cities, and towns resjiec- 
tively, and make a new and different aiiportionnieiit of the 
number of representatives to be chosen in and for those [larts 
of the Province of Canada which now constitute tlie said 
Provinces of I'piierand Lower Canada respectively, and in 
and for tlie several districts, count ic^, ridings, and towns in 



1 



XW. And be it enacted that it 



be lawful for the 



Time and pine 

t>f lioldinh'eloc- (;,,\^.,.,„),. ,)f (.he Provinei! of Canada for the time beiie' to 
tiou.s. 

fix tile time and place of holdini; elections of niemlters to 

sei've in the lie;4islative Assembly of tin; said Province, until 

otherwise iiroviiU'd for as hereinafter mentioned, i^ivin^; not 

less than eijiht davs" notice of such time and place. 






ANO SrPPr-KMKNTARY ACTS. 



167 






the same, and to alter and re^'ulate the appointment of 
returnin;^ officers in and for the same, and make provision 
in such manner as they may deem expedient for tlie issuin,<^ 
and return of writs for tlie election of members to serve in 
the said Legislative Assembly, ami the time ;uid (ihu'e of 
holdinj^ such elections : Provided always that it sliall not be I'mviso. 
lawful to present to the Cioveniorof the I'rovinceof Canada 
for her Majesty's assent any bill of the Lei^islative Council 
and Assembly of the said Provincx' by which the number of 
rei)resentatives in the Tje.Ljislative Assembly may be altered, 
unless the second and third reading' of sucii bill in the Legis- 
lative Council and the Ije;4Lslati\-i.' Assinnbly shall havi' been 
passed with the concurrence of two-thirds of the members 
for the time bein^'of thesaid Ije.!4islative Council, and of two- 
thirds of the mcmijers for thi; time beim; of tin; said Legis- 
lative Assembly respectively, and tiie assent of hci' ^fajesty 
shall not be,L;iven toany such bill unless addresses shall have 
been presented by the Ijc^'islative Coimcil and tlie L<'^is- 
lativo Assembly respectively to the Covernor, statin;^ that 
such bill has been so [)assed. 



XX\'II. And be it enacted that until piovisions shall I'lio pre>< 



nt 
eiri'tioii laws 

1 I'lM- 

iM'Ply 



otlu'rwisc be made by an Act or Acts of the Lciiislalure of ^^j ^^^ .^^. 

the Province of Canada all the laws which at the timi' of the viiices to 

,.,,.,, • n • , 1, • ,. ,- until alteieil. 

passniL! or tins Act are in torce in the ProMUcecf [.p[)er 

(Canada, and all tiie laws which at the time of the))assin^'of 
the said Act'-' of Parliament, intituled ".\nAct to make lit- Vict. c. U. 
temporary provision for the (lovei-nment of Lower Canad;i.'' 
were i)i force in the Province of liOwer Canaila. relatinu' to 
the (jualitication and disfjualijication of any jn^rson to i)e 
elected, or to sit or vote as a member of the .v-<seini)lv in the 
said Provinces respintively, (e.\ct'[)t those which I'eciuire a 
(pialilication of property in candidates foi- election, for which 
l)rovision is hereinafter inailei. and relatine; to tlie qualilica- 
tion and dis<[ualilication of voters at the election of members 
to serve in the Assemblies of the s.aid Provinces respectively) 
and to the oaths to be taken by any such voters, and to the 
powers and duties of returiiinu' oflieers, am! tlie pro('eedinj,'s 
at such elections, and tlu [leriod ariuL; which such elections 
may be lawfully continued, and relatinj,' to the trial of con- 
troverted elections and the proceed in,t,'s incident thereto, and 
to the vacatiuf,' of seats of members, and the issiiim; and 
execution of new writs in case of any seat bein^^ \acatetl 
otherwise than by a dissolution of the Assembly, shall 



158 



TIIK UNION ACT 



respectiv(.'ly bo applied to flections <jf meirhcrs to siTve in 
llie IjC^ishitivo Assembly of the I'i'oviiiee of ('iinaila for 
])lHces situateil in those parts of tlie Province of Canada for 
wiiicli such laws were passed. 



QualifK-'iitidn XXYIII. And be it enacted that no person shall be capable 

of beint; elected a member of the Le<^islative Assend)ly of 



of Meiuliei'M 



tlu! Province of Canada wlio shall not be legally or eiiuital 
seised as of fri'ehold, for his own use and benefit, of lands 
tenements held in free and connnon soecatre, or seised 



)ly 
or 



or 



■d, f( 



d benetit, of lands 



tent 



j)ossesse( 

held in fief or in roture, witliin the said Provmce of t'anada. 
of tlie value of live hundred [louiuls of sti'rliuL; money of 
(ireat Piitain, oscr and above all rents, charges, inortL:a<:es, 
and incuml)rances cliai's^ed upon and due and payableoutof 
oi' alfeetiuL' tlie same ; and tluit every candidate at such 
election, before he shall bo capable of bein-^ elected, shall, if 
required by any other candidate, or by any elector, or by 
the returning' ollicer, make the following; detdaration : 

Doclaratiou of " '. A. l'>.. ilo declare and testify that I am duly si'i>-cd at law oi' in 
caiulidates for "cquit)' as of fnudiold, for my own use and beuelit, of lauds or 
" tencniciits hold in free and (miimuiou siiccat,'e 'n/'duly soised or 
"l)ossesscd fdi' my own n^o and IxMielit, of lands or tenements held 
"ill t'u'f or In roture las the case may l)ei,] In the Province of Canada, 
"of the value of live hundred pouuds of sterliu^^ money of Great 
" r.ritain, over and above all rents, niortL;a,;(!s, ehari,'(.'s, and iiuMiiu- 
"liraiices charged upon, or ibie and payable out of. or alfcctin;,' the 
'same; ami that. I have not eollusively or cidourahly obtaliuxl a 
" title to or become possessed of the said lands and tenements, or 
"any i)art thereof, for the |)iiri)ose of ((iialifyiiii,' or enabling' me tn 
"be returned a vuMuber of tlie I jc.i;isla live. Vssi'mlil>' (d' tlie I'ro vine 
" of Canada." 



elect ion. 






ties of perjury. 



Persons iiiak- XXIX. And be it enacted that if any person sball know- 
'diuiitioii'liiible '"''^'y iind wilfully miike a false declarittion respectinj^ his 
to tile penal- (pi.ililication as a candidate at any election as tiforesaid, 
sucii person sball be deemeii to be oniUv of a misdemeanor, 
and bein)4 thereof lawfully convicted shall suffer the like 
jiiiins aiul jienahies as by law ai'e incurred by persons •guilty 
of wilful and corrupt jierjury in the place in wiiicii sucii 
false declaration shall ha.\e l)een nuide. 



Place and XXX. And be it enacted that it sliail be lawful for the 

times of hold- (|„vernor of tlie Province of Canada for the time beinj,' to 
lilt; Parlia- " 

meut. tix such plai-e or ))laces''' within any jiart of the Province of 

Canada, ami such times for hoUliue tiie lirst and every 



AND SUPPLEMENTARY ACTS. 15!) 

other session of tlie Le^'islativc Council iind Asseinl)ly of the 
said Province as he may thini< fit, siicli times and placL's to 
be afterwards ehanj^CMl or vui'ied as the Governor nniy jud^c 
advisable and most consistent with ;ieneral convenience 
and the public welfare, fjivinj,' sufficient notice thereof; and 
also to [)roro^'ne the said Legislative Council and Assembly 
from time to time, and dissoK'c tlie same, by proclamation 
or otherwise, whenever lie shall deem it expedient. 

XXXr. And he it enacted that there shall he a session of ntn-ntion of 
the I.ej^islative Council an<l Assembly of the Province of ''■"'''""""t- 
Canada once at least in every year, so that a period of twelve 
calendar months shall not intervene between tiie last sittin<^ 
of the Ije,L;islative C'ouncil and Assembly in one session and 
the first sitting of the IjCL^ishitivc Council and Assembly 
in tile next session ; and that every Legislative Assembly of 
the said Province hereafter to be summoned and chosen shall 
continue for four years from the day of the return of the 
writs for choosing' the same, and no longer, subject neverthe- 
less to he sooner j)roro;4ued or dissolved by the (ioNernor of 
the said I'rovince. 

XXXIL And be it enacted that the Le^'islative Council I'irst calliiit^ 
and Assembly of the Province of Canada shall be <allcd l'':'yi^''";;;'',''''" 
to^'ether foi- the first time at some period'' not later tli;ui 
six calendar months after the time at which the Provinces 
of Upper and Lower Canada shall become reunited as afore- 
said. 

X.XXIII. .\nd be it enacted that the members of the Le.t;is- i.;ioeti()ii of the 
lative .Vsseinbly of the Province of Canada shall, u[)on tlu^ ^l"^'i'''^i'- 
first assembling after every ^,'eneral election, ))r(jceed forth- 
with to elect one of tiieir number t(j hi' Sjieaker ; and incise 
of his death, resij^nation, or removal i)y a \'ote of tlu' said 
iiC^islative Assembly, the said members shall forthwith pro- 
ceed to elect another of such members to be such Speaker ; 
and tlu' Speaker so elected sliall preside at all meetings of 
the siiid Lei'islative .VssiMiiblw 



XXXIV. Ami be it enacted that the [jresence of at least d,,,,,-,,,,,^ 
twenty members of the Legislative Assembly of the Pio- 
vince of Canada, iiu liidin^^ the Speaker, shall be net'essary 
to constitute a nuH^tini' of the said Legislative Assembly for 
the exercise of its powers; and that all ijuestions which Division. 



160 



THE UNION ACT 



shall ariHo in the said Assenihly shall he decided liy the 
majority uf voices of such nicinljers as shall he present, 
other than the Speaker, and wiien the voices shall bo equal 
Casting vote, the Speaker shall Imve the castinf^ voice. 



No member in 
.sit or vnte inilil 
he has take'i 
tlie follow iii^! 
natli of iiUe- 
yiiiiice. 



Oath of ulli 
L'ianc'u. 



XXXV. And be it enacted tliat no member, either of the 
Le^'jslative Council or of the liCj^islative .Vsstnibly of the 
I'rovinee of C'lnada, shall be permitted to sit or \ote therein 
until he shall iiave tiiken and subscribed the following oath 
before the (Jovernor of the said I'rcjvince, or before some 
person or persons authorized by such Governor to adnnnis- 
ter such oath : 

" 1, .\. it., do Kiucerely juomiso and swear that I will ho faithful 
" iind hear tnu! alletjiHiice to hc^r .Miijesty, (^uceii \ictoria, as lawful 
" Sovercii^'ii of tlu! Uiiitcid Kinudnin of (iicat liritaiii an<l Ireland. 
'■ and of this I'rovinee of (lanaila, <U!iiendeut on mid helouf^ing to 
"tlio said United Kingdom ; and that I will def(>nd her to the utmost 
"of my power nfiainst all traitorous eonsiiiraeies and atteiii|)ts 
" whatever, which shall he made at,'aiiist her i)ersoii, crown, am! 
"di^;iiity ; and that I will do my utmost endeavour to diselosi! and 
•• make known to her Majesty, her heirs and sue(!es^^ors, all treas(]ii.s 
" and traitorous consitiracies and iitieiii|its which I shall know to 
'• he against her or any of them ; and all this I do swear without any 
" e(|uivo(;ation, mental evasion, or secret reservation, and renouiic- 
" iiif,' H.ll |iardi>ns and disjieiisalions from any fierson or i)orsoiis 
'• whatever to tlii^ contrary, 

SO MKLP Ml-: GOD." 



.•VQirmaiion m XXXN'l. .Vnd hv. it enacted thai every person authorized 
stead of oath. ^^^. ^.^^^. ^^^ nnike an ariirmiitioii instead of taking an oath may 

make such aflirnuxtion in every case in which tin oath is 

hereinbefore retpiired to be taken. 



(iiviiij^ or with 
holdiiij^ assent 
to lulls. 



XXX VII. And be it enacted that whenever any bill which 
has been passed by the Tiegislative Council and Assembly of 
the Trovince of (Canada shall be iiresented for her IMajesty's 
assent to the Governor of the said I'rovinee, such Governor 
shall declare according to bis discretion, but subject never- 
theless to the provisions contiuned in this Act, and to such 
instructions as may from time to time be given in that 
behalf by her Majesty, her heirs or successors, that he 
assents to such bill in her Majesty's name, or that he with- 
holds her Majesty's assent, or that he reser\es such bill for 
the signiiication of her Majesty's pleasure thereon. 

l)is;illowanee XXXVllI. And be it enacted that whenever any bill, 

ot hills as- which shall have been presented for her Majesty's assent to 
leiited to. »■ J J 



AND SriM'L?:MP:NTAUY ACTS. 



101 



the (Jovcnior of the sniil I'rovinco of Canada, sliall by hucIi 
(iovcrnnr liavc been absented to in hc>r Majesty's name, such 
(lovcnior shall by tlio first convi iiii'iit ()))|)ortiinity transmit 
to ono of Ik'T Majesty s principal Secretaries of State an 
HUthciitic copy of snch bill so assented to ; and that it shall 
111' lawful at any time within two years after such bill shall 
iiavo bcu'ti so received by snch Secretary of State, for her 
Majesty by Order in Council to declare her. disallowance of 
such bill; and that sucli disallowance, toj^ether with a cer- 
tificate undi-r the hand and seal of such Secretary of State 
certifying,' the day on which such bill was recei\ed as afore- 
said, beinj^ sij^nitied by such (invernor to the Le^'islative 
Council and Assendjly of Canada by speech or messai,'e to 
the Legislative Council and Ass(.'mbly of the said Province, 
or bv proclamation, shall make \()id aii<l annul the same 
from and after the dav uf such si^nihcation. 



v'hich 
|i)ly of 
L'sty's 
rnor 
liever- 
such 
that 
|at he 
iwith- 
lll for 



bill, 

3Ut to 



X.XXIX. Ami be it enacted tliat no bill which shall be Afisent to bills 
reserved for tlu' si^'uilication of her Majesty's i)leasiire 
thereon shall have any force or authority within the I'rcnince 
ef C'aiiada until the (joveriior of the said l'ro\iiice shall 
sit^nify, either by speech or messa^^'e to the Lef,'islative Coun- 
cil and Assi'inbly of the said Province, or l)y proclamation, 
that such bill has been laid before her Majesty in Council 
and that her Majesty has been pleased to assent to the 
same; and that an entry shall be made in the journals of 
the said Jjcj^islative Council of evci'v such speech, messaf,'e, 
oi- proclamation, ami a dujilicatt; thereof duly attt^sted shall 
be delivered to the proper ofhcei' to be kept amoii.i,'st the 
records of the said Proviiu;e ; and that no bill which shall 
be so reserved as aforesaiil shall lia\<' iuiy force oi- authority 
ii! the said Province unless tier Majesty's assent thereto 
bhall have been so si'^nitied as aforesaid within the space of 
two years from the day on which such bill shall have been 
|)resented for her Majesty's assent to the Oovernoi- as afore- 
s.iid. 

X.L. Provided always, and hi: it emieted that nothint,' Authority of 
herein contained shall be construed to limit or restrain the >'"-' <i<Jvenior. 
exercise of her Maj(;sty's preroj,'ative in authori/.in;^, and 
that, notwithstanding^ this Act and any other Act or Acts 
passed in the Parliament of Great Britain, or in the Parlia 
rnent of the United Kin;^'dom of Great Britain and Ireland. 
• i"- of the Legislature of the Province ot (^)uebec, or of the 



\ 



\ 



162 



I III'. IN ION ACT 



LaiiKitaKo 

Legislativt 

records. 



Provinces of I'ppor or Lower C'liniida respectively, it shall 
be lawful for lier .Majenty to authorize the Lienteiiaiit-dov- 
veriior of the IM'oviiice of C'aiiada to exercise ami execute, 
within such jiarts of tJie said Province as her Majesty shall 
thiid< lit, notwithstanding' the ))resence of the (lovernor 
within tliePi'ovincc, such of the powers, functions, and author- 
ity, as well judicial as other, which before and at the tiTUc 
of jiassiuf,' of this Act were and are \csled in the (lovi riior, 
Lieutenant-CJovii-nor, or person adnunisti'rin.i,' the (loviru 
nunt of the Provuices of I'pper and Lowei- Canada i-espcc 
tiNely, or of I'itlier of them, and whicli from and after the 
said reunion of the said two I'rovinces shall become vested 
in the Cjovernor of the Province of Canada; and to autlior- 
ize the Governor of the Province of Canada to assi^'u, depute, 
substitute, and a])point any pei'son or persons, jointlv or 
severally, to be his deputy or (lci)Uties wiihinany |)art or 
parts of the Province of Canada, and in that capacity to 
exercise, perfoi'm and execute during,' tlu' jdeasure of the 
said ( loverno)- such of the powers, functions, and authorities, 
as well judicial as other, as before and at the time of the 
passing of tiiis Act were and are vested in the Coveinor. 
Jjieiitenant-dovernor. or person administering,' the (lovern- 
meiit of the Provinces of I'pjier and Lower Canada respec- 
tively, and which from and after the union of the said Pro- 
vinces shall become vested in the Governor of the Province 
of Canada, as the Governor of the Province of Canadii 
shall deem to be necessary or expedient : I'rovided 
always, that by the appointment of a deputy or deputies 
as aforestiid the power and authority of tlii' Gover- 
nor of the Province of Canada shall not be abridged, altered, 
or in any way affected otherwise than as her Majesty shall 
think pro])er to direct. 

XLL .\nd be it enacted that from and after the said 
reunion of the said two Provinces, all writs, proclamations, 
instruments .for suminoniii>4 and callinj,' to^'ether the Lei^is- 
lative Council and ijef^islative Assembly of the Province of 
Canada and for proroLjuin^' and dissolvin.n the same, and all 
writs of summons and election, and all writs and juiblic 
instruments whatsoever relating' to the said Lcj,'islative 
Council and Lej,'islative Assembly or either of them, and all 
returns to such writs and instruments, and all journals, 
entries, and written or printed proceedin-is of what nature 
soever of the saitl Lef^^islative Council and Lej^islative Asseiii- 






1 

\ 



AND Sri'l'LE.MKNTARY ACTS. 

l.ly and eiich of them respectively, and nil written or printed 
|irii(eodin;,'s and reports of committees of the said Legislative , 
( Onncil and Lefiislative Assemhly respectively, shall be in ' 
llie I'^nt^lish lanj,'nai,'e only:'"^ Provided always, that this 
eiiartmeiit shall iint be constrned to prevent translated 
(■ ipies of any such d(jcunients beinf^ nnide, bnt no such copy f 
^hilil be kept amon)4 the records of the Legislative Council ; 
.■r Lef^islative Assembly, or be di-cmed in any case to have 
tlie force of an ori'^inal record. 



163 



Ok 



said 

tinlis. 

LeLiis- 
lee of 
nd all 
ihlic 
native 
udall 
rnais. 
lature 
sseni- 



XLIL And be it enacted that whenever any bill or bills Koolosiiistical 

■ II 1 1 1 i.1 r ■ 1 .• I' -1 11 11 o mill I 'ruwii 

snail l)e passed l)y the Iwej^'islative Conneu and Assembly of ^-i.tIj^^ 

the I'nivince of Canada containinj^ any provisions to vai-y or 
re]i.al any of the provisions now in force contained in an 
Act of the Parliament of Great Britain passetl in the four- n G. :5. c. s:). 
teenth year of the reij^n of his late Majesty Kinjj Georj^e the 
'I'liird, intituled "An Act for Tnakinj,' more effectual provi- 
sion for the Government of the Province of (Quebec in IS'orth 
America," or in the aforesai<l Act of Parliament passed in 
tile thirty-first year of the same reij^n, respecting the accus- 
tomed dues and ri<,'lits of the clergy of the Church of Rome ; 
or to vary or repeal any of the several provisions contained 
in the said last mentioned Act respectin;^ the allotment and 
appropriation of lands for the support of the I'rotestant 
clert;y within the Province of Canada.'" or res[)ectinf,' the 
eonstitutiuf^, erecting, or endowing of parsonages or rectories 
within the Province of Canada, or respecting the presenta- 
tion of incumbents or ministers of the same, oi respecting 
the teniD'e on which such incumbents or ministers shall 
lioldor enjoy the same'"; and alsotliat whenever any bill or 
hills shall be passed containing any provisions which shall 
in any nnmner relate to or atfecl the enjoynnnit or exercise 
of any form or mode of religious worship, or shall impose or 
create any penalties, burdens, disabilities, or disipuilitica- 
tions in respect of the same, or shall in any manner i\'late 
to or affect the payment, recovery, or enjoynu'nt of any of 
the accustomed dues or rights hereinbi'fore mentioned, or 
sliall in any manner relate to the gi'antin^. imposing, or 
recovering of any other dues, or stipends, or I'nioluinents to 
be paid to or for the use of any minister, priest, ecclesiastic, 
or teacher according to any form or mode oi religious wor- 
shii), in respect of his said office or function; or shall in any 
manner relate to or affect her Majesty's prerogative touching 
the granting of waste lands of the Crown within the said 



II.C.C 



11 




IMAGE EVALUATION 
TEST TARGET (MT-3) 




i.O 



I.I 



1.25 



" IIIIM |||||M 

'llli 1 9 
,;. Ill 



lUO 



2.2 
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164 



THE UNION ACT 



Province ; every such bill or bills shall, previously to iiny 
declaration or signification of her Majesty's assent thereto, 
be laitl before both Houses of Parliament of tiie United 
Kingdom of Great Britain and Ireland ; and that it shall 
not be lawful for her Majesty to signify her assent to any 
such bill or bills until thirty days after tiie same shall luive 
been laid before the said Houses, or to assent to any sucli 
bill or bills in case either House of Parliament sliall witliin 
the said thirty days address her Majesty to withhold her 
asse"t from any such bill or bills ; and that no such bill 
sha'l be valid or effectual to any of the said purposes witliin 
the M, Province of Canada unless the Legislatise Council 
and Assembly of such I'rovince shall, in the session in wliicli 
the ■»:\\-' "liall have been passed by them, have presented to 
cho C' ■ "' r oi the said Province an address or addresses 
s^ieeii'- t .at such bill or bills contains provisions for some 
of the parj/ises hereinbefore specially described, and desir- 
ing that, in order to give effect to the same such bill or hills 
may be transmitted to England without delay, for the pur- 
pose of its being laid before Parliament previously to the 
signilication of her Majesty's assent thereto. 



Colonial Tax- 
atiou. 

18 (4. :t, c. 12. 



XLIII. And whereas by an Act*** passed in the eighteenth 
year of the reign of his late Majesty King George the third, 
intituled " An Act for removing all Doubts anil Appre- 
hensions concerning Taxation by the Parliament of Great 
Britain in any of the Colonies, Provinces, and Plantations 
in North America and the West Indies ; and for repeal- 
ing so much of an Act made in the seventh year of the reign 
of his present Majesty as imposes a duty on Tea imported 
from Great Britain into any Colony or Plantation in 
America, or relating thereto," it was declared that " the 
" King and Parliament of Great Britain would not impose 
" any duty, tax, or assessment whatever, payable in any of 
"his Majesty's Colonies, Provinces, and Plantations in 
" North America or the West Indies, except only such duties 
"as it might be expedient to impose for the regulation of 
" commerce, the net produce of such duties to be always 
" paid and applied to and for the use of the Colony, Province, 
" or Plantation in which the same shall bo re pectively 
" levied, in such manner as other duties collected by the 
" authority of the respective General Courts'" or General 
" Assemblies of such Colonies, Provinces, or Plantations 
" were ordinarily paid and applied ": And whereas it is neces- 



AND SIPPLKMENIAHY ACTS. 



165 



iteenth 
Ihinl, 

Ci veivt 
Itatioiis 
rt'iieal- 
e roi^u 
ported 
ion in 
, "the 
injiose 
limy of 
una in 
(lutiea 
ion of 
vlways 
vince, 
ctively 
by the 
eneral 
ationa 
neces- 



sary for the f,'eneial benefit of the Ilmpire that sucli power of 
rei;uiiition of conmiortie slioniil coiit iniii' to be exercised by her 
Majesly and the rarliamonl of tiie I'nited Kinj^don^ of 
(ireat liritain ami Iri'hmd, snbJLct nevfitliek'ss to the con- 
ditions iiereinbffore recited witli respect to the application 
of any duties wiiicli may be imposed for that purpose ; be it 
tlierefore enacted that nutliin^' in tliis Act containeil shall 
prevent or affect tlie execution of any hiw wliich hatli been 
or shall ben\ade in the rarliament of tiie said United Kinj,'- 
dom for establishing ref^ulations and prohibitions, or foi'the 
imposing,', levying,', or collecting' duties for the rej^nlation of 
navi.i'iition, or for the rej^'ulation of the coninieree between 
the Province of Canada and any other part of her Majesty's 
Dominions, or between the said Province of Canada or any 
other part thereof and any foreign country or state, or for 
appointing' and directin^^ the payment of drawbacks of such 
duties so imposed, or to j^ive to her Majesty any power or 
authorit .-, by and with tiu' advice and consent of such Lej^is- 
lative Cjuneil and Assembly of the ^iiid Province of Canada, 
to vary or repeal any sucii law or U\\\.i, or ...ly part thereof, 
or in any manner to prevent or obstruct the execution there- 
of: Provided always, that the net pnniuce of all duties whi?h 
shall be so imposed shall at all times hereafter be applied to 
aiul for the use of the said Provinci' of Canada, and (except 
as hereinafter provided) in such manner only as shall be 
directed by any law or laws which may be maile by her 
Majesty, by and with the advice and consent of the Legisla- 
tive Council and Assembly of such Province. 

XLIV. And whereas by the laws now in force in the said Courts of A]'- 
Province of Upper Canada Iho Governor, Lieutenant-Clover- o,','I,e,''H'il|!'['.\'j 

nor, or person administerni}^ tiie Ciovernmeiit of the said "ikI ciuvucory 
11 ii ^11 • r T i.- » .1 • 1 i» . ^1 ni I'liiPiT Cimn- 

Provmce, or the Chief Justice of the said Province, to^etlier ,1,, ; and Court, 

with any two or more of Mie members of the Executive ','' '^'''"i'^' '" , 
■' bower Canada. 

Council of the said Provinci', constitute and are a Court of 

Appeal for hearin)4 and determining,' all appeals from such 

judf,'ments or sentences as may be lawfully broui^ht before 

them : And whereas by an Act of the Lej^islature of the said , i.aws jf Up- 

Province of Upper Canada, passed in the thirty-third yi''"' Vi'^^^''^''"' o 

of the reif,'!! of his late Majesty King Geor({e the Third, c. k) 

intituled "An Act to establish a f'ourt of Probate in tiie 

aaid Province, and also a Surro^^ate Court in every District 

tb.ereof," there was and is established a Court of Probate in 

the said Province, in wl<ich Act it was enacted that the Gov- 



assa 



166 



THE UNION ACT 




(Laws of Up 
per Canada, 
aw. 4, 0.8.) 



(Law.s of Up 
per Canadii, 
7 W. I. c. 2.1 




ernor, Lieutenant-Governor, or person administering the 
Government of the said last-mentioned Pi-ovince sliould 
preside, and that he should have the jxjwers and autlioritifs 
in tlie said Act specified : And whereas by an Act of tlie 
Legislature of the said Province of Upper Canada, passed 
in the second year of the reign of his late INIajesty King 
William the Fourth, intituled " An .Vet resiHsctiug the Time 
and Place of Sitting of the Court of King's Ik'iicli," it was 
amongst other things enacted that his Majesty s Court of 
King's Hench in that Province sliould bo liolden in a i)lace 
certain; that is, in the city, town, or jjlace wl'<'-'' should be for 
the time being the seat of the Civil Governi I'.nt of the said 
Province, or within one mile therefrom : And whereas by an 
Act of the Legislature of the said Province of Upper Canada 
passed in the seventh year of the reign of his late Majesty 
King William the Fourth, intituled " An Act to establisli a 
Court of Chancery in this Province," it was enacted that there 
should be constituted and established a Court of Chancery 
to bo called and known by the name and style of " The 
Court of Chancery for the Province of Upper Canada," of 
which Court the Governor, Lieutenant-Governor, or person 
administering the Government of the said Province should 
be Chancellor; and which Court, it was also enacted, should 
be holden at the seat of Government in the said Province, or 
in such other place as should be appointed by proclamation 
of the Governor, Lieutenant-Governor, or person adminis- 
(Lawsof Lower tering the Government of the said Province: And whereas 
by an Act of the Legislature of the Province of Lower 
Canada, passed in the thirty-fourth year of the reign of his 
late Majesty George the Third, intituled " An Act for the 
Division of the Province of Lower Canada, for amending 
the Judicature thereof, and for repealing certain Laws 
therein mentioned," it was enacted that the Governor, 
Lieutenant-Governor, or person administering the Govern- 
ment, the members of the Executive Council of th"? said 
Province, tlie Chief Justice thereof and the Ciiief Justice to 
be a))pointed for the Court of King's JJeiich at .Montreal, or 
any five of them, the Judges of the Court of the District 
wherein the judgment appealed from was given excepted, 
shouid constitute a Superior Court of Civil Jurisdiction or 
Provincial Court of Appeals, and should take cognizance of, 
hear, try, and determine all causes, matters, and things 
appealed from all civil jurisdictions and Courts wherein an 
appeal is by law allowed ; be it enacted that until otherwise 



Ciiiiadii.34 
G. ;i.) 



AND SlTrLEMHNTARY ACTS. 



167 



IWfl 

or, 

'I'U- 

iii.l 
to 
or 
ict 

0.1, 
or 
of, 

nt-s 
an 

vise 



provideil hy an Act of tlic Lcjiisliituro of tlie Province of 
('■uiiulii. all jndicial and niiiiistrriil luitliority wliich before 
ami lit the tinu' of passini,' this Act \V!is vested in or nii^lit 
be exercised by the (ioveruor, Lieutenunt-CJovernor, or per. 
son adininisteriut^ the Goverinnent of the said Province of 
I'liper Canada, or tiie members or any nnniber of the mem- 
btTs of the lOxecntive Council of the same Province, or was 
VI sted ill or mii^lit l)e extTcisfd by tlie (ioveruor. Lieutenant- 
(iiivcriMr, or the person administerin;^ theCJovernnu'iit of the 
I'roviiu-e of Lower Canada, and tlie members of the iOxecu- 
tive Council of that I'rovince, shall be vesti'd in and may be 
exercised by the (ioveruor, Lieutenaut-tiovernor, or [lersou 
administerinji the (loverument of the Province of Canada, 
and in tiie membi'rs or tlie like number of the members of 
till' Executive Cmmcil of the Pro\ ince (jf Canada respec. 
ti\ely; and that until otherwise provided by Act or Acts of 
the Le<4islature of the Province of Cantida the said Court of 
Kiii^^'s Ik'uch, now called tiie (Jom't of (,)ueen's Pencil of Upper 
Canada, shall from and after the Union of the I'rovinces of 
Upper and Lower Canada be liolden at the City of Toronto, or 
within one mile from tin; municipal bouiKbiry of the said City 
of Toronto : Provided ab- ays, that until otherwise provided 
by Act or Acts of the Lef«islature of the Province of Canada, 
it shall be lawful for the (ioveruor of the Province of Canada, 
by and with the advice and consent of the Lxecutive (Coun- 
cil of the same Province, by his proclamation to fix and 
appoint such other place as he may think fit, within that 
part of the last-mentioned Province which now constitutes 
the Province of Uppi'r C^auada, for the holding; of the said 
Court of Queen's Pencil. 

XL\'. And be it enacted that all powers, authorities, and Towers to ho 

functions which by the said Act [lassfd in the thirtydirst ">^,^!'^'|.^,^j}.'^>'jj,, 

vear of the rei^n of his late Majestv, Kin;; Gcorf,'e theTlnrd, the Kxeciltive 

1 ii \ i » I) r " .. I » i. f i.1 (oiuicil, or 

or by any other Act of Parliament, or by any Act of the alouo. 

Lej,'islature of the Provinces of Upper and Lower C!anada 
respectively, are vested in or are authorized or recjuired to 
be exercised by the respective Governors or Lieutenant- 
(iovernors of the said Provinces, with the advice or with the 
advice and consent of the JOxecutive Council of such Pro- 
vinces respectively, or in conjunction with such Hxeciitive 
Council or with any number of the members thereof, or by 
the said Governors or Lieutenant-Governors individually 
and alone, shall, in so far as the same are not repugnant to 



'•ii 

1 1 

I 



168 



sssrassm 



THE UNION ACT 



Existing laws 
saved. 



Courts of Jus- 
tice, Couiiiiis- 
siouB, Otllcurs, 
etc. 



or inconsistent with the provisions of this Act, be vested in 
and may be exercised by the Governor of the Province of 
Canada, with the advice or with the advice and consent of. 
or in conjunction as the case may require with such Execu- 
tive Council, or any members tliereof, as may be appointed 
by her Majesty for the affairs of the Province of Canada, or 
by tlie said Governor of tlie Province of Canada individually 
and alone in cases when tlio advice, consent, or concurrence 
of the Executive Council is not required. 

XliVI. And be it enacted that all law.-!, statutes, and ordi- 
nances which at the time of the union of the Provinces of 
Upper and Lower Canada shall be in force witliin the said 
Provinces or either of them, or any part of tlie siiid Pro- 
vinces respectively, shall remain and continu'! to bo of the 
same force, authority, and effect in thoHe parts of the Pro- 
vince of Canada which now constitute the said Prr vines 
respectively as if tliis Act had not been made, and ■ if the 
said two Provinces had not been united as aforesaid, except 
in so far as tlie same are repealed or varied by this Act, or 
in so far as the same shall or may hereafter by virtue and 
under tlie authority of this Act be repealed or varied by any 
Act or Acts of the Legislature of the Province of Canada. 

XLVIL And be it enacted that all the courts of civil and 
criminal jurisdiction within tlie Provinces of Upper and 
Lower Canada at the time of the union of the said Provinces, 
and all legal commissions, powers, and authorities, and all 
officers, judicial, administrative, or ministerial, witiiin the 
said Provinces respectively, except in so far as the same may 
be abolished, altered, or varied by or may be inconsistent 
with the provisions of tliis Act, or shall be abolished, 
altered, or varied by any Act or Acts of the Legishiture of 
the Province of Canada, shall cmtinue to subsist witliin 
those parts of the Province of Canada which now constitute 
the said two Provinces respectively, in the same form and 
with the same effect as if tliis Act had not been made, and 
as if the said two Provinces had not been reunited as afore- 
said. 



Provision re- XLVIIT. And whereas the Legislatures of the said Pro- 

BpectiUg tern- . ,tt it n ii e i.' ii- 

porafy Acts. vinces of Upper and Lower Canada have from time to time 
passed enactments, which enactments were to continue in 
force for a certain number of years after the passing thereof, 
" and from thence to the end of the then next ensuing ses- 



AND SUPPLEMENTARY ACTS. 



169 



sion of the Legislature of the Province in which the same 
were passed " ; be it therefore enacted that whenever the 
words, "and from tlience totlie end of the then next ensuing 
session of the LegisUiture," or words to the same effect, hav 
been used in any temporary Act of eitlier of the said two 
Provinces which shall not liave expired before the reunion 
of the said two Provinces, the said words shall be construed 
to extend and apply to tlie next session of the Legislature of 
t' J Province of Canada. 

XLIX. And whereas by a certain Act passed in the third Repeal of part 
year of tlie reign of his late Majesty, King George the Fourtli, ' •• . c. i. . 
intituled, "An Act to regulate the Trade of the Provinces of 
I'pper and Lower Canada, and for other purposes relating to 
the siiid Provinces," certain provisions were made for 
appointing arbitrators with power to hear and determine 
certain claims of the Province of Upper Canada upon the 
Province of Lower Canada, an<l to hear any claim which 
might be advanced on the part of the I'rovince of Upper 
Canada to a proportion of certain duties therein mentioned, 
and for prescribing tlie cour°" of proceeding to be pursued 
by such arbitrators'-^" ; be it -nacted that the said recited pro- 
visions of the said last-men'ioned Act, and all nuitters in 
the same Act contained, whicii are consequent to or depen- 
dent upon the said provisions or any of them, shall be 
repealed. 

L. And be it enacted that upon the union of the Provinces Uevenuos of 
of Upper and Lower Canada, all duties and revenues over vinces to form 

which the respective Legislatures of tlie said Provinces before a Consolidated 

Uevouue r un J. 
and at the time of the passing of this Act had and have 

power of appropriation,'-' shall form one consolidated 

revenue fund to be appropriated for tlie public service of 

the Province of Canada in the manner and subject to the 

charges hereinafter mentioned. 



LL And be it enacted that tlio said onsolidated revenue 
fund of the I'rovince of Canada shall he iiennaiieiitly 
charged with all the costs, cliarges, and expeiices incident to 
the collection, management, and receipt tliereof, such costs, 
charges, and expences, being subject nevertheless to be 
reviewed and uu lited in sueli manner as shall be directed by 
any Act of the Legislature of the Province of Canada. 

LIL And be it enacted that out of tlie consolidated 
revenue fund of the Province of Canada there shall be pay- 



Cousolidateil 
Uevouue Fiuid 
to 1)0 cliarKed 
\vit!j 6xpeiis« 
or collection, 
etc. 



£45,000 to be 
granted per- 
uiaueutly for 



170 



THR UNION ACT 



tlio Soivicosui ablo 111 every vear to lier Maiostv, licr lunrs and successors. 

ScIkmIuIo a, ^, e , ' ,. , ,',,,. 

and i;iO,(KH)f(ir the sum of forty-nve tlioiisaiKl pounds-- for defraying,' tlie 

Mifies^Vail,'!"^ expellee of the several services and purposes named in tlie 
five yeiirs fol- ScheiUile marked A. to this Act annexed ; and (hirinjj tlie life 

lowint,', for riii-^ i e r fi^ii- ri 

those ill Hche- of jier Majesty, and for hve years after the demise of her 
dulo H. Majesty, there shall be payable to her Majesty, her heirs 

and successors, out of the said consolidated revenue fund, a 
further sum of thirty thousand pounds, for defraying' tlir 
expence of the several services and purposes named in tlu' 
Schedule marked J{ to this Act annexed; the said sums of 
forty-five thousand pounds ami thirty thousand pounds 
to bo issued by tlie Receiver-General in dischar^^'e of 
such warrant or warrants as shall be from time to 
to time directed to him under the hand and seal of the 
Governor; and the said Receiver-General shall account to 
her Majesty for the same, thr()iit,'h the Lord IIi<,'li Treasurer 
or Lords Commissioners of her Majesty's Treasury, in such 
form and manner as her Majesty shall be {graciously pleased 
to direct. 



How the appro- LIIL And be it enacted that, until altered by any Act of 
8uii)s«raiitotl the Lef,'islature of the Province of Canada, the salaries of 
may he varied, the Governor and of the Jud{,'e8 shall be those respectively 
set aj^aiiist their several offices in the said Schedule A. ; but 
that it shall be lawful for the Governor to abolish any of the 
offices named in the said Schedule B., or to vary the sums 
appropriated to any of the services or purposes named in 
the said Schedule B.; and that the amount of savinf^ which 
may accrue from any such alteration in either of the said 
schedules shall be appropriated to such purposes connected 
with the administration of the Government of the said Pro- 
vince as to her Majesty shall seem fit ; and that accounts 
in detail of the expenditure of the several sums of forty-five 
thousand and thirty thousand pounds hereinbefore f,'ranted, 
and of every part thereof, shall be laid before the Legisla- 
tive Council and Legislative .Yssembly of th.e said Province 
within thirty days next after the be^iinnin^? of the session 
after such expenditure shall have been made : Provide<l 
always that not more than two thousand pounds shall be 
payable at the same time for pensions to the judges out cf 
the said sum of forty-five thousand pounds, and that not 
more than five thousand pounds shall be payable at the 
same time for pensions out of the said sum of thirty 
thousand pounds ; and that a list of all such pensions and 



AND Sri'PLKMENTAIlY ACTS. 



171 



of tl;e persons to whom tlie same shall have been granted, 
'^Imll bo laid in every year bi'fore the said Le^jisliitive Ccjun- 
cil and Legislative Assembly. 

LIV And bo it enacted that during' the time f(n- which SnrroiHlor of 

1 •^ 1 tr^i-.i 1 I 1 Mt'lcditiU'V lie- 

the said several sums of torty-iivo lliDiisaml pomids and y.. nuts of the 
thirty thousand pounds are severally payal)le the same shall t;i"*>wn. 
bo aci-epted and taken by her Majesty by way of (Mvil List, 
instead of all territorial and other revenues now at the dis- 
posal of the Crown, arisin;,' in either of the said Provinces 
of l'p{)er (!anada or Lower 'anachi, or in the Province of 
Canada, and tliat three-fifths of the net produce of the said 
territorial and other revenues now at the disposal of the 
'^'rown within the Province of Canada shall )<e j)aid over to 
the account of the said consoliihited revenue fund ; and also 
durinf* the life? of Ik i- Majesty and for live years after the 
demise of her Majesty the remainint^two-tifths of the net jjro- 
duceof the said territorial and other revenues and at the dis- 
posal of the Crown within the Province of Canada shall bo 
also paiil over in like manner to the account of the said con- 
solidated revenue fund. 

LV. And bo it enacted that the consolidation of tlie Charpos 
duties and revenues of the said Province shall not be taken hi'i?iurui'i'>n!-'^'' 
to affect the payment out of the said consolidated revenue viiice. 
fund of any sum or sums heretofore charfjed upon the rates 
and duties already raised, levied, and collected to and for 
the use of either of the said Provinces of Upper Canada or 
Lower Canada, or of the Province of Canada, for such time 
as shall have been appointed by the several Acts of the Le;,'i8- 
lature of the Province by which such charges were severally 
authorized. 



LVI. And be it enacted that the expences of the collec- The order of 
tion, management, and receipt of the said consolidated (.,','J',^'^']'j',(,^t^,|j'° 
revenue fund shall form the first charge thereon; und ^""''<• '" ''"• - 
that the annual interest of the Public Debt of the Provinces of collt'ctiiiii ; 
of Upper and Lower Canada, or of either of th.em, at tbe q"'|jjp'^jjI|'J[^''^' 
time of the reunion of the said Provinces shall form the 
second cluirf^ci thereon; and that the payments to be urd. Payments 
made to the clergy of the United Cliurch of England and '° ^''" ^'^''■•''^■' 
Ireland, and to clergy of the Church of Hcotland, and to 
ministers of other Christian denominations, pursuant to any 
law or usage whereby such payments before or at the pass- 
ing of this Act were or are legally or usually paid out of the 



172 



THE UNION ACT 



4th and 5tli 
Civil List. 



(itli. Otlier 

alroady iiindo 
on the I'liblic 
Heveiiue. 



public or Crown revenue of either of the Provinces of Upper 
and Lower Canada, shall form the third charge upon tlie 
said consolidated revenue fund ; and that the said sum of 
forty-five thousand pounds shall form the fourth charge 
thereon ; and that the said sum of thirty thouHiuid pounds, 
so lon« as t)ie same shall continue to be payable, shall form 
the fifth chart,'e thereon ; and that tl\e otlier char^jes upon 
tliL' rates and duties levied within the said Province of 
Cuiuula hereinbefore reserved shall form the sixth chart,'e 
thereon, so long as such cliar},'e3 shall continue to be pay- 
able. 



Hulijcct to tlie LVIl. And be it enacted that, subject to the several pay- 

tlioOinsI'li-^*^"' nients hereby charj^ed on the said Consolidateil Revenue 

dated Kevuimc Fmid, the same shall be appropriated by the LeL'islature of 

Fund to be ap- i • . 

propriatcd \>y the Province of Canada for the public service in such nian- 

Li'«isiiuVire,'bv '''^''" ^''^ ^^^^^ shall think proper: Provided always that all 
l)illH, etc. bills for appropriating^ any part of the surplus of tlie said 

consolidated revenue fund, or for imposin>^ any new tax or 
import, shall orij,'inate in the Le<;islative Assembly of the 
said Province of Canada : Provided also that it shall not be 
lawful for the said Legislative Assembly to originate or pass 
any vote, resolution, or bill for the appropriation of any 
part of the surplus of the said consolidated revenue fund, or 
of any other tax or impost, to any purpose which shall not 
have been first recommended by a message of the Governor 
to the said Legislative Assembly during the session in which 
such vote, resolution, or bill shall be passed. 



Town.shipstn 
be constituted. 



LVIII. And be it enacted that it shall be lawful for the 
Governor, by an instrument or instruments to be issued by 
him for that purpose under the Great Seal of the Province, 
to constitute townships-'' in those parts of the Province of 
Canada in which townships are not already constituted, and 
to fix metes and bounds thereof, and to provide for the 
election and appointment of township officers therein, 
who shall have and exercise the like powers as are exercised 
by the like ofticers in the townships already constituted 
in that part of the Province of Canada now called 
Upper Canada; and every such instrument shall be 
published by proclamatiLU, and shall have the force of law 
from a day to be named in eacli case in audi proclamation. 

rowers of Gov- LIX. And be it enacted that all powers and authorities 
bo exeiciwed" expressed in this Act to be given to the Governor of the 



AND SrPPLKMKKTARY ACTS. 



173 



I'lDvince of Canada shall be exercised by such Governor in 
conformity witli and subject to hucIi onlers, instructions, 
and directions as her Majesty shall from time tn time see lit 
to niai<e or issue 



TA. And whereas his lute Majesty Kinj; Geor^io the Third, Maudak-n 
by his Hoyal l'rocianniti(.>n-^ bearin<j date tlie seventh day i,e Riniuxfci to 
of October in the third year of his reij^n, was pleased to |!',V '';'.'Y,"| "' 
declare that he had put the coast of Labradoi- from the ward. 
I{iver St. John to Hudson's Ktraits. with tlie islands of 
Anticosti and Madelaine and all other smaller islands lyin<^ 
on tlic said coast, under the care and inspection of the Gov- 
ernor of Newfoundland ; And whereas by an Act passed in 
tlie fourteenth year of the rei^;n of his said late Majesty, 
intituled " An Act for nuvkin;,' more effectual provision for 
tlio Government of the Province of Quebec in North 
America," all such territories, islands, and countries, which 
had since the tenth day of February in the year one thou- 
sand seven hundred and sixty-three been made part of the 
Government of Newfoundland, were during,' his Majesty's 
pleasure annexed to and made part and parcel of the Pro- 
vince of Quebec as created and established by the said pro- 
clamation-" ; be it hereby declared and enacted that nothini; 
in this or any other Act contained shall be construed to 
restrain her Majesty, if she shall be so ])leased, from annex- 
ing the Maj^dalen Islands in the Gulf of St. Lawrence to 
her Majesty's Island of Prince Edward. 

LXI. Anci be it enacted that in this Act, unless otherwise Interpretation 
expressed therein, the words " Act of the Legislature of the 
Province of Canada" are to be understood to mean " Act of 
her Majesty, her Heirs or Successors, enacted by her Majesty, 
or by the Governor on behalf of her Majesty, with the 
advice and consent of the Legislative Council and Assembly 
of the Province of Canada"; and the words "Governor of 
tlie Province of Canada " are to be understood as compro- 
liending the Governor, Lieutenant-Governor, or person 
authorized to execute the Office or the functions of Governor 
of the said Province. 

LXII. And be it enacted that this Act may be amended Act may be 
or repealed by any Act to be passed in the present session of ^^""'^ ''' '^^ ^' 
Parliament'^ '^. 



174 



THI-: INION ACT 



SCIIKDULKS. 



SI in: I in. r, a. 

Governor ..... tTdiio 

Lieiitfiiiint-CiDViTimr .... iiiiio 

I'lilii'r Ciiiidilii. 

1 C'liicf Jnstiro ... i,-(ii> 

I ruisiK! Jiid^'cs, iit f'lOOeacli - • iiC.dO 

I Vice-Chiuicellor - - - - 1 r_'."> 

f.oirrr CmKuhi, 

I Cliief Justice, Quebec - - - lliiu 

;{ I'tiisne .Indoles, Quebec, at i'ilOO each - 'JToO 

I Cliief Justice, Montreal . - . - \\m 

.\ I'liisne Jn(lt;es, ^Montreal, at titOO each - -lUM 

1 Kesirlent Ju(l<,'e at Three Rivers - - '.MJD 

1 Judticof tlie Inferior District of St. l-'rancis .'lUit 

1 Jud^'e of the Inferior District of Claspe - .")(»() 
I'ensions to the Judf^es, salaries of tiie Attornies 
and Solicitors General, and continjjtMit and 
niiscel'aneous exponces of Admin istration of 

Justice throuj^hout the Province of Canada 'JOST.') 

SCHKDULE H. 

("ivil Secretaries and their Offices - - tHOOO 

Provincial Secretaries and their Oflices - HOOO 

Receiver-(ieneral and his Olt-^o - - HOOO 

Inspector-General and his OtTice - - - 2000 

Executive Council .... 3000 

Board of Works ..... 2000 

Eniifjrant A<^ent .... 700 

Pensions ...... r.OOO 

Contnigent Kxpences of Public (M'hces - H.iOO 

.tHOOOO 









ir,oo 

•-'7*10 
llOK 

•-'Too 
.")()( I 



20H7.', 



UHOOO 

;<0()0 
;i()oa 

•2000 

:{ooo 

•JdOO 
TOO 

r)000 
:}:;oo 

CiUJOOO 



AM) SUITKKMKNTAUY ACTS. 



175 



The Union Act Amendment Act, 1848. 

All .I'i'' til rr/irid sn iiinrli i>i' iin Art III' till' r/iiril nil I i'lniith Yi'ms 
III' Ihr /irisriit Mnji'stif, tn n-iiuiti' tlir I 'inriiicis iif' I'/i/iir anil 
Lninr i'ldiiiilii, lis irlntr.s tn tlir iisr nf t/ir l''.iiiili-s/i I .''ii'iiniiii' 
in Instniimnts nlntniif tn the Lni'islntirr ('mincil invl Ltiiiln- 
tirr Axsriiihli/ nf ihi' I'mrinii' nf ( 'nmnlii. 

illniAu' r, 18 1-1. 

Whereas by an .Vet ;)ast in the sossicjM of PiirUiinient heUl •' i^' 1 ^'t:'- ' 'Ij- 
ill the third and iourth years of Her rres<\it Miijesty, 
intituled " .\n Act to re-unite tlie Provinces of Upper and 
Lower Caninhi, and for the GovernineMt of Canaila," it is 
lunonf'st otlier tliin^^s enacted that from and after the saiil 
rtuiuon of tlie said two Provinces, all writs, proclamations, 
instruments for summonin;^ and callin.i,' toj^etlier the Legis- 
lative Council and Le<,'islative .Vssenihly of tlie Province of 
Canada, and for proroj^uinj^ and dissolviiif^ the same, and 
all writs of summons and elections, anl all writs and public 
instruments whatsoever relatinj,' to the said Lejiislative 
Council and Legislative Assembly, or either of them, and 
all returns to such writs and instruments, and all journals, 
entries, and written or printed proceedings, of what nature 
soever, of the said Legislative Council and Legislative 
Assembly, and of each of them respectively, and all written 
iir printed proceedi)igs and reports of v )mmittees of the 
said Legislative Council and Legislative Assembly respec- 
tively, shall be in the English language only: Provided 
always that the said enactment slnvU not be construed to 
[irevent translated copies of any such documents being 
made, but no such copy should be kept among the records of 
the liCgislative Council or Legislative Assembly, or be 
deemed in any case to have the force of an original rec(n'd : 
And whereas it is expedient to alter tiie law in this respect, 
in order that the Legislature of the Province of Canada, av 
the said Legislative Council and Legislative Assembly 
respectively, may have power to make such regulations herein 
as to them may seem advisable : Be it therefore enacted So much of re- 
by the Queen's most excellent Majesty, by and with the act" that alll^" 



170 



THK UNION ACT 



writs, etc., 
shall lie in 
Kiiyhsh iL- 
peak'd. 



Act may be 
iiiiieti'le'l, etc. 



advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and 
by the authority of the same, that from and after the [lass- 
ing of this Act so much of the said recited Act as is herein- 
before recited sh ill be repealed.-' ■* 

II. And be it enacted that this Act, or any part thereof, 
may be repealed, altered, or varied at any time during the 
present sension of Parliament. 



AND SUrPLEMKNTARY ACTS. 



177 



Temporal, 
nbled, and 
• the pass- 
i is herein- 



The Union Act Amendment Act, 1854. 



,rt tliereof. 
duriii'' tlic 



An Act'-' tn nii/iiiirrr tin' Lciiishiturr of ( '(nimlii to niter tlir ('(insti- 
tution of till' l.i'iisldtirr Council j'or that Vrocincc, nml for 

other jiuriioscs. 

llTK Ariii-sT, ISol. 

Whereas an Act'o of the session of Parliament hohh'n in 
the third and fourth years of her IMajesty, chaptir thirty- 
live, " to reunite the Provinces of Uppi-r and Lower ("anada, 
and for the Crovernment of C*\na(hi." provides amoni,'st 
other thin{,'s for the establishment of a Le^jislative (.'oujicil 
in the Province <jf Canada, consistinj^M^f memlx-rs summoned 
thereto by the Governor, under the auUiority of her Majesty 
as therein specified : And whereas it is expedient" that the 
Lej,'islature of the said Province should be empowered to 
alter tlie constitution of the said LeL,'i><lative Council : And 
wiiereas the said Act rccpiires amendment in (jlher respects: 
Be it enacted by the Queen's most excellent Majesty, by and 
with the consent of the Lords Spiritual and Temporal, and 
Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

L It shall be lawful for the Lef,'islatureof Canada, bv anv Power to tlio 
i i » ^ i. 1 1 ■ e^ c L\ ^ ^ <! het^islatuie i>f 

Actor Acts to be heremafter for that purpose passed, to ummda to alter 

alter tiie manner of coniposin>f the liC'dslative Council of M"' '"'";'","■ 

' " " tion ot the 1j('K- 

the said Province, and to nuvke it consist of such number if ishitivu couii- 

members appointed or to be appointed or elected by such '^ 

persons and in suc;h manner as to the said Lej^islature may 

seem fit, and to fix the (jualilications of the persons cajiable 

of bein^' so appointed or electeil, and by sucli Act or Acts 

to make provision, if they shall think lit, for the separate 

dissolution, by the Governor of the said Lej^islative Council 

and Lej^islative Assembly respectively, and for the purposes 

aforesaid to vary and repeal in such manner as to them 

may seem fit all or any of the sections of the said recited 

Act, and of any other Act of Parliament now in force, 

which relate to the constitution of the Le^'islative Council 

of Canada: Provided always that any bill or bills which 

shall be passed by the present L jis.ative Council and 

Assembly of Canada for all or any of the purpose* 



178 



THIS UNION ACT 



Provisions oi 
former Acts of 
I'lirliiiiueiit to 
aiiply to tlio 
iiinv Lefiisla- 
tive Council. 



aforesaid shall be reserved by tlie said Governor.^" unless 
he think fit to withhold her Majesty's assent thereto, for 
the sif,'nification of her ]\lajesty's pleasure, and sliall be 
subject to the enactments of the said recited Art of tlie third 
and fourth years of her Majesty, chapter thirty-five, section 
thirty-nine, which relate to bills so reserved for the sij,'niti- 
cation of her Majesty's pleasure. 

II. As soon as the constitution of Ihe Le-^islative Council 
of the Province of Canada sliall have been altered under 
such Act or Acts so assented to by her !\Iajesty as aforesaid, 
all provisions of the said recited Act of I'arliament of the 
third and fourth years of her Majesty, chapter thirty-five, 
and of any other Act of Parliament now in force relating to 
the Legislative Council of Canada, shall be held to apply to 
the Legislative Council of Canada so altered, except so far 
as such provisions may have been varied or repealed by such 
Act or Acts of the Legislature of Canada so assented to as 
aforesaid. 

Legislature of HI- It shall bo lawful for the Legislature of Caniuhi from 

Ciiiiada may ti,ne ^q time to vary and repeal all or anv of the i)rovisions 
\ iry Acts con- » i . i 

stitlitiuK tlie of the Act or Acts altering the constitution of the said Legis- 
<'<iuncir; lative Council : Provided always, that any bill for any such 

purpose, which shall vary the qualification of councillors, or 
the duration of office of such councillors, or the power of the 
Governor to dissolve the Council or Assembly, shall be 
reserved by the Governor for the signification of her Majesty's 
pleasure in manner aforesaid. 

and may vary, IV, It shall be lawful for the Legislature of Canada, by 
pi'rty ciuiiUttca- "■'^y ^^^ °'' ■'^'^ts reserved for the signification of her 
tion ot mem- Majesty's pleasure, and whereto her jMajestv shall have 
hers of As- , , . , . .-, , 

sombly. assented as herembetore provided, to vary or repeal any of 

the provisions of the recited Act of Parliament of the third 
and fourth years of her Majesty, which relate to the property 
qualification of members of the Legislative Assembly.''" 



rroviso in sec- 
tion 2() of :! & 1 
\'iL't. c. 3J re- 
liealed. 



V. So much of the twenty-sixtii section of the said recited 
Act of Parliament as proviiles that it shall not be lawful to 
present to the Governor of the Province of Canada, for her 
Majesty's assent, any bill of the Legislative Council and 
Assembly of the said Province by which the number of 
representatives in the Legislative Assembly may be altered 
unless the second and third readings of such bill in the Legis- 
lative Council and Legislative Assembly shall have been 



AND SUPPLEMENTARY ACTS. 



179 



passed with the concun'ence of two-thirds ot the inoinhcrs 
for tlie tiiiio beiiif^ of the said Lc^'isiative Council, and of 
two-thirds of tlie members for the tinu; heinj,' of the said 
Le^,'islative Assembly vcspectivcly, and that the assent of 
her Majesty shall not be given to any such hill unless 
addresses shall have been presented by the Lef<islative 
Council and the Legislative Assembly lespectively to the 
Governor stating that such bill liaK been so passed, is hereby 
repealed. 

VI. The fortv-seeond section of the said recited Act of Section 42 of 

:i iV 4 V let 0. ■<& 
Parliament, providing that in certain cases I$ills of the loiieak'd. 

Legislative Council and .\Hsembly of Canada sliall be laiil 
before both Houses of I'arlianient of tlie TTiiited Kingdom, 
is hereby repealed; and notwithstanding anything in the 
said .\ct of Parliament, or in any other Act of Parliament 
contained, it shall be lawful for the Governor to declare that 
he assents in her Majesty's name to any bill of the Legisla- 
ture! of Canada, or for her Majesty to assent to any sucli bill 
if reserved for tiie signiHcation of lier pleasure thereon, 
although sucli bill shall not have been laid before the said 
Houses of Parliament ; and no Act heretofore passed, or to 
be passed by the Legislature of ('aiiada shall be held invalid 
or ineffectual by reason of the same not having been laid 
before tlie said Houses, or by reason of the Tiegislative 
Council and Assendjly not having presented to the Governor 
such address as by the said Act of Parliament is recjuired. 

VIL That in this Act the word " Governor "" is to b« intcrprctatinii 
understood as compreiiendiug tlie (Jovernor ami in hi." "-''"^''• 
absence the Lieutenant-Governor, or i)erson authorized to 
execute the ollice or the functions of the Governor of Canada. 



ll recited 

liwful to 

for her 

licil and 

knber of 

altered 

le Legis- 

Ive been 



H.C.C. 



12 



180 



THE UNION ACT 



The Union Act Amendment Act, 1859. 



All Acf* to onpower the Letfidature of Canada to moke tuns raju- 
hitbvi the appointment of a Speaker of the Leffitilative Council. 

[8tii August, 185G. 

WiiEHEAs by an Act passed in the Session of Parliament, 
holden in the third and fourth years of Her Majesty, 
chapter thirty-five, " to re-unite the Provinces of Upper 
and Lower Canada, and for tlic (lovernmcnt of Canada," it 
is amongst other tilings provided that the Governor of the 
Province of Canada shall have power and authority, from 
time to time, by an instrument under the Great Seal of the 
said Province, to appoint one member of the said Legis- 
lative Council to be Speaker of the said Legislative Council, 
and to remove him and appoint another in his stead : And, 
whereas by an Act passed in the Session of Parliament 
holden in the seventeenth and eighteenth years of Her 
Majesty, chapter one hundred and eighteen, " to empower 
the Legislature of Canada to alter the constitution of the 
Legislative Council for that Province, and for other pur- 
poses," power was given to the Legislature of Canadii to 
alter the manner of composing the Legislative Council for 
that Province, and to make it consist of such number of 
persons appointed, or to be appointed, or elected by such 
persons and in such manner as to the said Legislature may 
seem fit, in the manner and subject to the conditions by 
that Act provided, and for the purpose aforesaid to vary and 
repeal, in such manner as to them may seem fit, all or any 
of the provisions of the first-recited Act, and of any other 
Act oi Parliament now in force which relate to the con- 
stitution of the LegisL.tive Council of Canada ; and it was 
thereby further enacted, that the Speaker of the Legislative 
Council should, as theretofore, bo appointed by the Gov- 
ernor : And, whereas tiie said Legislature, in pursuance of 
the powers conferred on them by the said last-recited Act, 
have, by an Act of the Province of Canada passed in the 
Session of the said Legislature holden in the nineteenth 
and twentieth years of Her Majesty, ii"' " to chantre the con- 



AND srPPLKMKNTARY ACTS. 



181 



lier pur- 
,uada to 
ncil for 
iber of 
|by such 
lire may 
tions by 
Lary and 
1 or any 
jiy other 
:he con- 
it waB 
;islative 
Gov- 
f^iance of 
[ted Act, 
in the 
lieteenth 
the con- 



stitution of the Letj;islative f^uuncil by rendcrin<^ the same 
elective," provided fur the election of members of the said 
Council, and for the <;radual substitution of elective for 
appointed members thereof: And, whereas doubts have 
been entertained whether it is lawful for tlie Lcf^islature of 
Canada, under the powers t,'iven to them by tlie said last- 
recited Act of Parhanient, to provide for the appointment 
or election of a Speaker of the Le','islative Council, and it is 
expedient that such doubts should be removed, be it enacted 
by the Queen's Moai Excellent Majesty, by and with the 
advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and 
by the authority of the same, as follows: 

I. It sliall be lawful for the Lef,'islature of Canada, by 
any Act^'' or Acts passed in the manner and subject to the 
conditions specified in the said last-recited Act of Parlia- 
ment, to alter the constitution of the Lef,'islative Council of 
the said Province by providing,' for the appointment or elec- 
tion of a Speaker of the said Council ; and for this purpose 
to vary and repeal, in such manner as to them may seem 
tit. so much of the hereinbefore recited sections of tiie said 
Acts of Parliament, and of the provisions of the said 
recited or any other Acts of Parliament as relates to the 
appointment of such Speaker. 



182 



THE UNION ACT 



NOTES TO THE UNION ACT AND SUl'PLEMENTAKY ACTS. 



I Tliis Aft is :i \- t \i(t. (Mp. :i."). It is vcpriiitcil from llu^ Iiniicriiil "Statutes 
at Ijiirf,'i'," Lomloii. ISII. I'ull rciidfts of tlic discussions on tlic vnrious stiif,'csof the 
111 ensure in its iii();.;ress tlirout,'li hotli Houses of I'arliiiiiieiit lire t^iven in " Hansiuvis 
Parliaineiitiiry Debates," 'I'liird Series, vols. r>L', 5.'!, r>\, nnd T).'), ilHt(l). 'I'lic occasion 
i)f tliis le^jislnlion was tlio series of jiolitieal disorders wliioli eiilniiiiMted in tlie 
Helxdlion of IKiT-iW. Sec Xoto 'Jd on tlie "Constitutional Act and >^iiiiiileiiieiitarv 
Acts" (1). MM). 'I'lie .Act was based on the reeoniniendatioiis continued in Lord 
Durham's l!ei)ort,and is said to have bi'cii driifted by Chief Justice Stuart of 
liOwer (,'aniidii under tlu^ direction of (ioveriior Tliomsoii, afterwards Lord Syden- 
liaiii. It was strongly oiiposed ill both the House of Comiiioiis and the House of 
Lords, but as Sir Hobert I'eol suiiiiortcd Lord .John Kussell in carrying it thvouKli 
the former, the ojiiiosition then; was riitlier on soecitie clauses tlian on the ]>riii- 
ciplc of the bill. I'rotests iif,'iiinst the tliird reiidint,' in the Mouse? of Lords were 
entered on the .journals by the Duke, of \\'eIlinf,'ton and Lord I'.lleiiborouKh, the 
most iiromiuent ^;iouiids in eiieli eas(! beiui^ the extent of the united inovinces 
ami the want of harmony between their populations. 

'■! See Tiord Durham's ]{ei)ort, and Lord John Kussell's speeeh on his motion ' r 
leave to introduce the measure in the House of Conimoiis iHaiisard, Third Series, 
vol. 52. pp. i:i'2:!-i:r>l). 

■^ This iiroclamation was issued by Lord Sydenham on the 5th of February, 1S4I, 
and it declared that the union of the I'lovinces should takt? ( ITect on the lOth of 
the same inontli. The te.xt of the proelamation is f^iven in the Journals of the 
Legislative Assembly for the first session of the lirst Provincial Parliament of 
Canada (IHU). 

* Tlie Constitutional Act, sections ii— xxxii. (pp. 112-li!). 

•'• See pp. 1 :)(•)- l:ii). 

>< See pp. H2-M5. 

7 See pp. 100-107. 

-^ The Constitutional Act, 1791. 

« Very little ob.jectioii was made to life-membership in the course of the debates 
on the bill in Parliament. Mr. Joseph Hume? sut,'Ki'**t*'<l that a portion of the 
Council should be chosen by the people, but the suj.'t;estion was not supported 
iiiid was not pressed. Seethe "Union Act .\mendment Act" of lh.")l (pp. 177 17'.,' 
below), which empowered the Canadian Parliament to alter tlie Constitution ot 
the Let,'islativu Council. See also the Act passed by the Canadian I'arliament '■: 
IMO (19 & 20 Vict., cap. 110), making the Legislative Council elective. 

10 Sec pp. rit;-i:i!\ 

II The elfect of the operation of sections xiii-x.\ of the Union .\ct was to give 
Upper and Lower Canada each 12 members in the Legislative Assembly. Hy an 
.\ct (1(5 Viet., cap. 1")2), pas.'sed in 1H.')3, under tlio anthority conferred by section 
xxvi. of the Union .\ct, this number was increased to O."), 'ind the membership of 
the .\ssembly then remained unchanged till 1H07, wlien the Pritish North America 
.\et became law. The Statute of 18.").') was entitled ".'\ii.\ct to enlarge the lie- 
presentation of the I'eople of tliis Province in Parliament," but it also elTected an 
oxtensivo redistribution of seats in the .Assembly. It is worthy of note that in 
the samo session a statute was passed extending the electoral frauchiBe and pro- 
viding a new system of registration of votes. 

Vi See pp. IM-V.iO. 



AND SrrPLEMENTARY ACTS. 



183 



(lebatfs 

111 of the 

Imported 

|1). 177 IT'J 

•iition !it 

biieiit '■; 



|ls to t;ivo 

Hy ail 

fiectioii 

[■rsliip of 

AiiiL'iica 

the Uo- 

iTecteil an 

that in 

land iiro- 



is Tlie rtrst rarliaiiioiit nf Canada iiikUt th(! I'liinn \vt inot at KiiiKstoii in Isll, 
hut the i)hu;o of iiu't'tiiiM was i:lian<;od to Montival, wlierc the si-cond Parliament 
held it« tlrst session in l.Ml, in ai-cnrdance witli the expressed will of its prede- 
cessor. Afler the bi.iriiiiin of tlie I'arliaineiit huildinys in IHID lliu l,e^;islatiire 
resolved to meet alteriiately in Toronto and Qiiehei; and actually di<l so until tlie 
seat of (icivernnient Ix'canK; permanently lixed at Ottawa, as the ri'sult of the 
decision of Her Majesty, Queen Victoria, to whom the (juestion had heeii referred 
liy rarlimuent for arhitration. This deci lion was ^'ivuii in IRVS, and in IMdi; the i 
Provincial Parliament met for the first and last time in Ottawa Kor the reasons 
winch led to tlie almndonmcnt of Montreal ;;ee Walrond's " Letters and Journals 
of Lor<l i;i^;in." pii. si-'.U. Tlie fiction of allowint,' the (rovernor to cheosi' tlic 
l)laee of iiioetiuK of Parlianu^nt was kept up to the last under the I'liion Act (see 
proclamation iiamin;,' Ottawa, .loiirnals of IiCj,'islativo Asseuihly for lH<'iC, p. v. >, . 
hut it was aliolished hy the (.'onfedi'ration Act, section 10, which tixed the seat of j 
(iovernment of Canada at Ottawa, subject to the Queen's jileasure. 

It The lirst Parliament met on the Ittliof June, four months and four days 
after the union took etf(!ct. Sue Note .'i. 

15 This section appeared in the draft hill without the proviso, and when Mr. 
Charles Bullm*, who had, as Lord Durham's secretary, aideil him in the prepara- 
tion of his report, objected to the clause as " belosv the di^tnity of lei^islation on a 
1,'reat ccnistitutional (lui^slion," Lord .fohii KusscU exjilained that the intention 
was simply to rtM]uir(,' " the le;;iil n.'ccn'. i of everytliin^ " to be in tlie I'.n^lish lan- 
guage. At the suggestion of Sir (', (ircjy the proviso, which now appears as part 
of the section, was added for tin,' purpose of making it clear that there was no 
intention to i)revent the use of translations of doenments. It should be noted 
that neither the draft nor the section as finally passed assumed to forbid the use 
of the French liingua^i! in deliates, and as a matti r of fact that language was s(» 
used from tlu' beginning, tlie lirst Si>eaker, Mr. Cuvillier, being one of the I''iench 
inombers of the lirst Parliament. On the lOtli of .fune in tlu) lirst session a 
series of " Rules" wore adopted by the Legislative .Vssembly for the regulatimi of 
it.s own procedure. Uule 'il) is as follows: " That copies of the .lournals, translated 
into tiio French language, be laid on the table daily, for the use uf the memliers ; 
and also copies of Speeches from the 'I'hroiie, .Vddrcsses, Messages, and Fntries of 
other transactions and ih^lilieratious of the House, when asked for by any two 
members.' Itulo ,'38 thus enacts: " When a motion is seconded, it shall bo road in 
Lnglish and in French by the Sper.kor, if ho is master of the two languages ; if not, 
the Speaker shall read in liithi'r ol the two languages most familiar to him; and 
the reading in the other language shall bi; at the table by the Clerk or his Deputy, 
before debite." In the sanu! session an .Vet i I it '> Vie., cap. 11) was passed to 
lirovidefor the translation of the Union .\ct and of the Provincial statutes into the 
French language, and their circulation among the French iieojile. In the session 
of Hslt-l") the Jjcgislative .Vssonibly resolved (.Journals p. ,sl) that all bills and 
documents submitted to the lloiisi' bt^ printed in Ihiglish and French, in e(iual 
proportions; but during the scno session (Journals p. '2t\'>), the Speaker refused a 
motion written in French, on the ground that to receive it would be a violation of 
section .\li. of tho Uiuen Act, and on an appi.'al to the House his decision was sus- 
tained. With reference to tho repeal of section xli., see pp. IT.VITG below. 

'6 During the session in which tho Union Act was passed tho Imperial I'arlia- 
mont passeil an .\ct (3 & \ Viet., cap. 7.si dealing with the clergy reserves. Another 
Imperial Act, and tho last ( l(i & 17 Vict., cap. '21), was passed in lK>t, " to authorize i 
the Legislature of tho Province of Canada to make provision eoncerning the 
elorgy reserves in that Province, and the proceeds thereof." Under the authority / 



% 



184 



THE UNION ACT 



/ 





conferred by the latter statute and by the Union Act, the clergy reservfs were 
Bt.'cularized in 1851 by Act of tbe Canadian Parliaiuont (18 Vict., cap. 2). 

•7 The ritilit of tlie Oovornor to endow rectories under tlie autliority of the 
Constitutional Act, 1701, was taken away by Act of the Canadian I'arlianieiit 
(14 «fe 1.5 Vict., cap. 175) passed in 1851 and entitled "An Act rospoctiuK Uectorios." 
This Act expressly left the legality of e.Kistint,' endowments to l)o settled by tlu; 
courts of law, and a tost case was submitted to the Court of Chancery in lUTri. See 
note 11 to the "Constitutional Act and Supplementary Acts" ([). 147). 

'» See pp. 104-105. 

19 The name fjivon to the Lefjislatures of Massachusetts and Connecticut. 

2" See note I'J to the " Constitutional .\ct and Supplementary .Vets" (p. 147). 

'■ Under the authority of 1 & 2 William IV., cap. 23. See pi). 10(i-l(J7 above. 

3' \ motion was made in the House ol Commons by .Mr. Hume to cut down tliis 
amount to t'2.5,0()0, and \'iscount Howick sutitjested that tlie salary of the (iovernor 
should not be a chart^i! on tins revenues of the colony. Neither of these proposals 
was entertained by the House. 

a? For the condition of Upper and Lower Canada, in the matter of nH^iicipal 
institutions at this date, see Lord Durham's report. The first municipal ssstem, 
as that term is now use 1 in this c. untry, was created for Upper ("anada in 1841 by 
Act of the first Parliament (4 & 5 Vict., cap. 10). Lord Sydenham took ii warm 
interest in the measure, and was largely instrumental in seeurinf,' its enactment. 
He had previously iuduceil the Special Council of Lower Canada to establish a 
similar system in that Province, dooming it unlikely that the Legislature of the 
United Province would do so. See "Life of Lord Sydenham," bv Poulett Soroi)e, 
pp. 176, 200-205, 210,2)2-251. See i''so Sir Francis HincUs' " Ueminiscences," pp. 
63-08. 

34 See p. 68 above. 

25 See p. 91 above. 

2« The only other .\ct of the same session dealing with Canadian affairs is the 
Clergy Ueserve Act (3 & 4 Vict., cap. 78). 

27 This Act is 11 & 12 Vict., cap. 50. For a brief account of the state of affairs 
which led to its passage see note 15 above. In the scission of 1814-5 (see Journals, 
pp. 91, 223, 281), 3001 an address was adopted, praying for the repeal by the Imperial 
Parliament of "so much of the Union .\ct as enacts that all public records and 
documents shall bo in I'iUglish only." In a despatch dated Feb. 3rd, 1840 (Legislative 
Assembly Journals p. 13), Mr. \V. E. Gladstone acknowledges the receipt of the ad- 
dross, states that it had been "laid before the Queen," and informs Gen. Cathcart 
that " from regard to the wishes thus expressed by Her loyal subjects, Her ^Majesty 
is inclined to entertain the prayer of that address, and authorizes you to make a 
communication accordingly to the Legislative Hodies at the opening of the 
session." This intimation subdued the agitation, pending the passage of the Act 
of 1848. Hansard's "Parliamentary Debates" does not give any discussion of the 
bill in either House ( xcept two sliort speeches on the third reading in the House 
of Lords (Tliird Series, vol. 100, pp. .509-510), one by Lord Stanley doprecatuig the 
tendency the measure would j)robably have in raising uyi " a permanent barrier 
between two portions of the country, whose amalgamation was essential to the 
welfaie of both " ; the other by Karl Grey, containing a plea for " the principle of 
allowing all their local concerns to bo regulated according to the wishes and feel- 
ings of the people of Canada." He added that the meaaura had been recommended 
by " three successive Governors-Geuoral." 



vrs were 

y of tlio 
liiiiuu'iit 
'ctories. " 
d l)y tlio 
1K5'2. See 



lit. 
117). 

OVLi. 

lowii this 
(ioveriior 
pi'oposals 

ir'iiicipal 

ll SNStOlIl, 

ill ISU l)y 
k II wiiriu 
iiactnieut. 
stablish a 
lire of the 
)tt Scrope, 
rices, " VV- 



lirs is the 

of affairs 
Journals, 

Iiiiperial 
lords and 
lOKislative 
i)f tho ad- 

Cathcart 
!r Majosty 
make a 
of the 
if tho Act 

111 of the 
liie House 
'.a.X\n-^ the 
[It l)arricr 
ial to the 
iuciiile of 

and feel- 
niineiided 



AND SUPPLEMKNTARY ACTS. 



185 



=8 The removal of the restriction imposed by tho Union Act was anuounoed to 
tho Canadian rarliament on the IHth of January, 1HI9, in a speech from the 
Throne, delivered by Lord Klh'in, who warmly syinpatbi/ed with the policy of 
allowing tho I'^reiich lani^'uaKo to bo reinstated. See Walrond's "lietteraand 
Journals (if Lord l'.lt,'iii." pp. 51-57. 

29 This .\ct is 17 A 18 Vict., cap. IIH. Tho text is reprinted from the Imperial 
" Statutes at I<arf,'c," London, IKj;"). It was viassed in compliance with an address 
to tho Queen from the Lc^f^islativo .\sseinbly of Canada, adopted, after a protracted 
debate and many divisions, on the second of June, 1K5;J, Seo Journals of tho 
Legislative .\ssfiiibly of the session of lR5'2-.);i, pp. l'J7, and if22-SH6. F'or interesting 
debate'- on the Act at various staj^es of its progress, especially in tho House of 
Lords, see " Hansard's Parliamentary Debates," Third Series, vol. i;{4, pp. l.")'.». 
501, S2-2, and vol, lit."., p. i:U9. 

V The Union Act, 1H40 (sections iv-x). 

V See tho address adopted by tho .Legislative .Vssoinbly of Canada (Journals of 
1852-5:!, pp. !)U-()10>; also the debates in the Imperial Parliament referred to in 
note 29 above. 

V See Canadian Statutes, 19 & 20 Vict., cap. 140, entitled " An .\ct to change the 
constitution of the Legislative Council by rendering the same elective." In com- 
pliance with tho proviso ajipended to this section the Act was on the IGth of May, 
1850, " reserved for tho signification of Her Majesty's pleasure," but on the 21th of 
June of tho same year it was assented to by the Queen in Council, and on the 1 Ith 
of .Inly following it was proclaimed by the Governor-General, Sir Edmund Walker 
Head. 

31 See sections xxviii.xxi.x. of the Union .\ct (p. 15S). A property qualification 
continued to bo required of members of tho Legislative Assembly until the latter 
was brought to an end by tho passage of the British North .\merica .\ct, 1867 
(see " Consolidated Statutes of Canada, IH'tO," cap. 6, ss. ,36-37). 

14 This ,\ct is 22 & 23 Vict. cap. 10. The text is reprinted from the Imperial 
" Statutes at Large," London, 1800. 

15 Cap. 110. 

i6 The Legislature of Canada did in 1860 pass an Act providing for the election 
of the Speaker by the Legislative Council, and the first member so elected was 
Sir Allan McNab (March 20, 1802.) 



w ^"m I ■ -^ 



186 



TJIK CONFEDKRATION ACT 



THE CONFEDERATION ACT, 1867, AND SUP- 
PLEMENTARY ACTS. 



*\ 







An Art^ for tlir I'liion of I'lindihi, Xovti Scutin, toni S'rir lirnns- 

wick, mill t/ir ( iori'niiiiriit t/icrmf' ; anil for /ii(r/)i)sis cuitiurti'il 

t/if'iYiritli. 

[•2\hu Maiuh, IHIJT. 



WnKUKAs the Provinces of Canadiv, Nova Scotia, and Xuw 
Brunswicii- liavc expressed tiieir desire to be federally 
united into one JJominion nnder the Urowii of the United 
Kiniidoni of (Ireat I?ritaiii and Ireland, with a coiistitiilion 
similar i'l pi'inciijle to that of tiie United Kin<^doni :■' 

And whereas such a Union would conduce to the welfare 
of the Provinces ;ind proimite the interests of the JJritish 
Empire : 

And wiiereas on the estahlishnient of the Union by 
authority of Parliament it is expedient, not only that the 
Constitution of the LejJiislative Authority in the Dominion 
be providetl for, but albo tiiat the miture of the JOxecutive 
Government therein be declared: 

And whereas it is expedient that provision' be made for 
the eventual admission into the I'niou of other parts of 
British North America : 

Be it therefore enacted and declared by the Queen's most 
ExcelKjut Majesty, by and with the advice and consent of 
the Lord,s Spiritual and Temporal, and C mmons, in this 
present P^'liament assembled, and by the authority of the 
same, as fo^lt;ws: 






Short title. 



Aijplicatioiiof 
provisions re- 
rerriiif' to tlio 









I. — PinOUMINAKY. 

1. TIlis Act may be cited as 'J'lic Britisli Nortli America 
Act, lf)67. 

3. The provisions of t'.iis Act referriufj to Her Majesty 
the Queen extend also to the heii-s and successors of Her 
Majesty, Kin^sl and Queens of the I'nited Kingdom of 
Great Britain and Ireland. 



AND SfPI'LKMKNTAHY Ai TS. 



187 



II. — Inion. 

;|, It wliiill he lawful for lln' (^»iiirii, liy ••mil with the I^<'<;livnitioii of 
advice of Her Majesty's ^lost IIoiKHiriiljlt! I'livy Council, 
to il'.'clare by I'rocliiinjition tliiit. on ami utter a day therein 
appointed, not beinj^ more tliaii six niontlis after tlie passinj,' 
of tills Act, the Trovinces of Canada, Nova .^eotia. and 
New ]5riniswiek sjiall form and be one Dominion nmler the 
niuno of Canada ; and on and after that <lay ; hose three 
I'roviuces shall form and be one Domini. )n under that 
name aecordinj^ly." 

I. Tlie stTh««quent pro\ isions of this Art siiall, unless it rniistrnctiDn 
i« otherwise expressed or implitd, eoinmenee and have y,,.,^"j^'[','',','^'J',','' 
effect on and after the I'niiiTi, that is to say, on an<l after Act. 
the ilay a])i)ointed for the I'nion takiTr«-<;jYi'et in the (Queen's /' Lv/a. t^ • "^ 
Proclouiation ; and in the s-.une provision^, Mnless it is r 

otiierwise expressed or implied, the name Canada shall be 
takiMi to moan Canada as constituted under this Act. 

a, Canadii shall be divided into four l'rovin<!es. named Kour I'ro- 
Ontirio, Quebec, Xova Seotia, and New IJrunswiek. 



most 

nt of 

n this 

f the 



O. 'I'he parts of the Province of Cana(bi (as it exists at rrovinces of 
tlie passing; of this Act) which formerly constituted I'c- J5','|[,"'i,e','"'"' 
spectively thi- Provinces of Cppcr Canada and Lower 
Canada shall he deemiil to be severed, and shall form two 
separate I'roviuces. The pari wliirh fornu'rly'' constituted 
the Province of Up[)er Canacbi shall constitute the Province 
ut Ontario; and the part whicli f<irnKi'ls constiinttd the 
Province of Lower Canada shall constitute the Pro\ ince of 
(^•uebec. 

T. The Provinces of Nova Kcotia and New Brunswick Proviiicos of 
shall have the same limits as at the passin^^ of this .Vet." inulNcw' '"^ 

liiiuiswiek. 

H^ In the ''eneral census of the poi)ulation of Canada, Dceeiuiial 

I" 
winch is hereby recjuired to be taken in the year one 

thousand eij^ht hundred and seventy-one, and in every 

tenth year thereafter, the respective [xipulations of the four 

Provinces shall be distin'mished."" 



Census. 



III.— Exiu rrivi: Powkh. 
9, The Executive Government and authoritv of and over Deelarationof 



Canada is herebv declared to continue and be vested in the 



Queeu. 



executive 
power in tlie 



— yueeu. 



188 



TIIK CONFEDERATION ACT 



1 



Application of 
jirovisidiis ro 
ferritin to (iov- 
eriior (ieiicral. 



Constitution of 
Privy ('oiincil 
for Caimdii. 



All powors 
under ActH to 
l)e exorcised 
by (iovernor 
(iencnil witti 
ftdvice of I'rivy 
Co\incil, or 
alone. 



Application of 
provisions re- 
ferring to Gov 
ernor General 
in Council. 



Power to Her 
Majesty to 
authorize Gov 
ernor General 
to appoint 
Deputies. 



I0» Tlu! provisions of this Act referriii;^ to tlie Governor 
General e.vtend and apply to the (iovernor Gmeral for tlie 
time bcini^ of ("iinadii, or otiier ttie Chief I'lxeeiitive Oflicer 
or Administrator, for the time bein^^ earryinj^ on the (iov- 
ernment of Canada on behalf and in tlie name of the 
Queen, by wluitever title he is designated. "- 

II. 'I'liere shall he a Coiuunl to aid and advise in the 
Government of Canada, to be styled the Queen's I'rivy 
C(juncil for Canada; and the persons who are to be num- 
bers of tlnit Coinicil siiall be from time to time chosen and 
summoned by the Governor General and sworn in as I'riNv 
Cotnieillors, and members thereof nniy be from time to 
time removed by the Governor General. 

IS. All ))owers, authorities, and functions which under 
any Act of the I'arliament of CJreat JJritain, or of the 
Parliament of the United Kintjdom of Great Britain ami 
Ireland, or of tlie Le^'islature of Tipper Canada, Lower 
Canatla, Canada, Nova Scotia, or New Brunswick, are at 
tVic I'nion vested in or exerciscable by the respective 
Governors or Lieutenant Governors of those Provinces, 
with the advice, or with the advice and consent, of the re- 
spective Kxecutive Councils thereof, or in conjunction with 
those Councils, or with any number of members thereof, or 
by those Governors or Lieutenant Governors individually, 
shall, as far as the same continue in existence and capable 
of bein",' exercised after the Union in relation to the Gov- 
ernment of Canada, be vested in and exerciseable by the 
Governor General, with the advice or with the advice and 
consent of or in conjunction with the Queen's Privy Council 
for Canada, or any members thereof, or by the Governor 
General individually, as the case recpiires, subject neverthe- 
less (except with respect to such as exist nnder Acts of the 
Parliament of Cireat JJritain or of the Parliament of the 
United Kinjidom of Great liritain and Ireland) to be 
abolished or altced by the Parliament of Canada. ° 

l!t. The provisions of this Act referrin*,' to the Governor 
_ General in Council shall be construed as referring; to the 
Governor General actin<| by and with the advice of the 
Queen's Privy Council for Canada. 

II. It shall be lawful for the Queen, if Her Majesty 

- thinks fit, to authorize the Governor General from time to 

time to appoint any person or any persons, jointly or 



AND SL'PPLEMKNTAUY ACTS. 



189 



a Goveriiiir 
nil for tlic 
tivo OtVicor 
n till,' (iov- 
1110 of the 

viso in till) 
en's I'riw 
o be nuiii 
chosen und 
11 lis I'rivy 
m time to 



lich iiiukr 

or of tiie 

ritiiiu and 

:ln, Lower 

ick, are at 

respective 

Provinces, 

of the re- 

iction with 

thereof, or 

lividually, 

d capable 

the Gov- 

)le by the 

idvice and 

y Council 

Governor 

nevertlie- 

cts of the 

nt of the 

d) to be 

9 

Governor 
ug to the 
ce of the 



severally, to be his Deputy or Deimties within any part or 
parts of Canada, and in that capacity to exercise during' 
the pleasure of the Governor General such of tlie pcwers, 
authorities, and fiiiu'tions of tiie (io\eriior (ieiieral as the 
(iovernor (Jcncral deems it necessary or expedient to assitjn 
to him or them, subject to lUiy limitations or directions ex- 
pressed or ^(iven by the Queen ; i)nt the appointment of 
Mich a Deputy or Deputies ahull not affect the exercise by 
tlie (iovernor Giiural himself of any jiower. authority or 
function. 

■ •'i. The Coininand-in-Chief of the T,and and Naval rnininatu) of 

,,.,... 1 t o x- 1 1 iii-i T' r 1 • lirtm'<l forces 

Mihtia, and of all Naval and iNlilitary rorces, of and m ,,, ,,,„,ti„iic to 

Canada, is hereby declared to continue and be vested in the ''," \'';*t<''l '•' 
•^ the yut'oii. 

(,)iicen. 

10. Until tlie (Jueen otherwise directs, the seat of Gov- Heat of Gov- 

i c /I 1 1 o 1 r\,< , ., erimit'iit of 

eniment of Canada shall be Ottawa. ' ' 



Ciiiuitia. 



I\'. — LK(Hsr,.\iivK Powi;i[. 



IT. There shall be one Parliament for Canada, consistintj Constitution of 
• ^1 /^ I- Tf ^ I 1 ii c L 1 ^1 rarliaiiieiit ol 

oi the Queen, an upper House styled tiie beiiate, and tlie ^'uniuin. 

House of Commons. 



18. The privilcj.'cs, iinintmities, and iiowers to be held, T'rivilcRos, &v. 

1 I • 1 1 *.i u . 1 1 *i II *"f Houses, 

enjoyed, and exercised by the Senate and by tiie House of 

Commons, and by the members thereof respectively, shall 
he such as are from time to time defined by Act of the 
Parliament of Canada, but so that the .same shall never ex- 
ceed those at the passinj^ of this Act held, enjoyed, and 
exercised by the Commons House of Parliament of the 
United Kinj,'dom of Great Britain and Ireland and by the 
members thereof.' ' 



/ 






19. The Parliament of Canada shall be called toj^ether First Session of 
^ , , ,, . ., , ., ,, . ,, . tlu'l'iirliiiiuent 

not later tlian si.\ months' - after tlie I inon. of Canada. 

30. There shall be a Session of the Parliament of Yearly Session 

/•I 1 ill- ii i. i 1 ii of till! I'arlia- 

(anada once at least in every year, so that twelve months „,^j„t pj- 

shall not intervene between the last sittiiif^ of the Parlia- Canada. 

ment in one Session and its first sittiiii,' in the next Session.''* 



■ Majesty 
n time to 
ointly or 



The Senate. 

31. The Senate shall, subject to the provisions of this >''>'»l'ei- of 
. ^ . , . , , , ,, , ,1 Senators. 

.Act, consist of seventy-two^ * members, who shall be styled 

Senators. 



190 



TIIK CONFRDEUATION ACT 



Koprosciita- 
tioii (if I'ro- 
viiioos in 
Sonate. 



"i'i. Ill relation totlie (ioiistitutioii of the Senate. Canada 
bliall be (lec'incd to consist of tlirce divisions— 

1. Ontario; 

2. Quebec ; 

iJ. Tlie ^laritinie Provinces, Nova Scutia and New Bniiis- 
wick ; which three divisions shall (sul)ject to the provisions 
of this Act) boeijually represented in the Senate as follows : 
Ontario by twenty-four Senators ; Quebec by twenty-four 
Senators; and the Maritime Provinces by twenty-four 
Senators, twelve thereof rei)resentiiis4 Nova Scotia, and 
twelve thereof re[iresentin^' New Jirunswick.' •"' 

In the case of Quebec each of tlie twenty-four Senators 
representing that Province shall be appointed for one of the 
twenty four J'ilectoral Divisions of Lower Caiuula specilied 
in Schedule .V. to cliapter one of the Consolidated Statutes 
of Canada. 



Qualiticati:".:s 
of Senator. 



I'm*** 
(1) 



(:«) 



(•') 



The iinalitication of a Senator shall be as follows : — 

lie shall be of the full a:4e of tliirt> \ears : 

lie shall bi' either a natural born subject of the 
(|)ueen, or a subject of the Queen naturalized by 
ail Act of the Parliament of (ireat Britain, or of 
the Parliamenl of the I'nitcHl Kin.i,'dom of tireat 
Pritain and irehmd, orof tiie Le^'islature of one 
of the Provinces of Upper Canada, Lower Can- 
ada, Canada, Nova Scotia, or New Brunswick, 
before the I'liion, <u' nf llie Parliament of Canada 
alter the I'liioii : 

He shall be lej^ally or ecpiitahly seised as of freeholil 
for his own use and benefit of lands or tenements 
held Ml free and common socage, or seised or 
])ossessed for his own use and beiielit of laiuls or 
tenements held in franc-alleu or in roture, williin 
the I'rovini'e for whicii he is api>ointod, of the 
value of four thousand ilollars, over and above all 
rents, dues, debts, cliar^'cs, m(.>t},'a,i^es, and in- 
cumbrances due or payable out of or charged on 
or affecting the sami' : 

His real and personal propel'ty shall be together 
Nvortli •!? 1,000 over and above his debts and 
liabilities : 

He shall be resivleiit in the Province for whicli he is 
appointed : " 



AKD SUPPLEMENTARY ACTS. 



1!)1 



of one 

iiiswick, 
Caiiiiihi 

fi'('i'l\o!d 

ll'llR'lltS 

MSI il or 

iiiuls or 

within 

of tliu 

ibovo ;ill 

iml in- 

irj,'t'(l oil 

oijL'tlur 
its ;uiil 

.;li lie is 



((')) 111 tlip ciiso of (Jiiobc'c ho sliiill li!v\i' liis rciil projiorty 
(liiahtiojitioii ill the Ilh'ctonil Oivisioii for wliicli 
iie is appointed, or shall ho Vi'sidont in that 
Division. 

'2%. The Govornor (ioiioriil shall from time to tiiiio, in Sumniousof 
iho (juoon s name, by instrnmont under the droat Soal ot 
Canada, sumnion <iualitit'(l poisons to the Si'iiate ; and, siib- 
ji'ct to ihe ])rovisions of this Aet. every porsoii so suniiiKniod 
shall hoeomc and be a meiiiber of the Senate and a Senator. 

'£•1. Snt^Vjiersons shall bo first suinnionocl to the S.'iiate sinnmnnsof 
as th- (,)ueon IK warrant under Her Majestv's l^>val Sii^n I!''^' '''.'''j'' "' 



i)./ 



«Ur 



Manual thinks fitNj> approve, and tlii'ir names shall be in- 
serted ill the Qneeii"sH?rochvmati()ii of rnion."' 

20. Tf at anytime on the roeommeiuhitit)n of the (iov- A.lihtieii of 
criior General the (^"'iieoii thinks fit to direct that three or J^.jV,.'('.',i',','^^n'"^,„ 
six members be added lo the Senate, the Governor Geiionil 
may by snmnioiis to three or six <iiialitied persons (as the 
ease m:iy bo), repn'sontinj^ equally the three divisions of 
Canada add to the Senate accordingly. '" 

*27, In case of siieli addition boin'_;at aiiv time nnule the Ueduciion ot 

■ Sciiaie to nor- 

Ciovernor General shall not siimmon any person to the mal nuinljor. 

Senate, except on a further like direction by the (^iieeii on 

the like recoimnendation, until each of the three divisions 

of (Canada is represented by tweiily-fonr Si'invtors and no 

more. 

*iH. The iinmher of Senators shall not at any time ox- :\fn\iinuin 
1 . • , . , ^ ' Minnlier of 

coed seveiity-eiiiht.'- Sonators. 

?Jf). A Senator shall, subject to the pro\'isioiis of this Toinii-ooriiluco 
.Vet, hold liis plact^ in the Senate for life '" ^'^''''^"■ 

JIO. A Soiuitfir may by writiiiL! under his hand addressed IJcHiynaf ion of 
to the Govornor Cieneral resij,Mi his place in the Senate, and 1'''h;o in Somite, 
thereupon the same shall be vacant. 

ttl. The place of a Senator shall become vataiil in any DisininliCicM- 

f ,, r ,1 ■ - ' tioii of Soim- 

of the followint^ cases : [^^j. 

(I) If for two consecutive Sessions of the Parliament he 
fails to ^ive his attendance in the Senate : 

(2) If he takes an oath or makes a di'claratioii or 
acknowledt,'ment of allej^iance, obedience, or ad- 
herence to a forei^'u power, or does an act whereby 
he becomes a subject or citizen, or entitled to the 
rif^hts or privileges of a subject or citizen of a 
foreign power. 



^ 

f' 



L^ 



^^ 



192 



THK CONFEDERATION ACT 



{'.\) If he is adjiKU'ed bankrupt or insolvent, or applies 
for the benefit of any law relatin<; to insolvent 
debtors, or beconus a pnblic defaulter : 

(1) If lie is attainted of treason or convicted of felony 
or of any infamous crime : 

(;")) If he ceases to be qualified in respect of property or 
of residence ; provided, that a Senator shall not 
be deemed to have ceased to he ([ualilied in respect 
of residence by reason only of his resitlin^ at the 
seat of Uic Government of Canada wldlc holdin;4 
an office under that Government requiring hi>i 
presence cliere. 

Snunuons on JJtS. Wlien a vacancy happens in the Senate by resignu- 
Henate^ "' tion, death, or otherwise, the Governor General shall by 
summons to a fit and qualified person fill the vacancy. 

Questions as to 33. If any question arises respecting the qualification of 
l^\"!l'vn?.nnm','.« "■ Scuator or a vacancv in the Senate the same shall be 
ill sonate. heard and determined bv the Senate. 



Alipoiiitmont 34» The Governor General may from time to time, by 
SSciiat't''^ '^' ' instrument under the Great Seal of Canada, appoint a 

Senator to be Speaker of the Senate, and may remove him 

and appoint another in his stead. 



Quorum of 
beiiate. 



VotiiiR in 
Sunatu. 



S-'X. Until the Parliament of Canada otherwise provides, 
the presence of at least fifteen Senators, incliuUng the 
Speaker, shall be necessary to constitute a meeting of the 
Senate for the exercise of its powers. 

36. Questions arising in the Senate shall be decided by a 
majority of voices, and the Speaker shall in all cases have a 
vote, and when the voices are equal the decision sliall be 
deemed to be in the negative. 



The IIoiiKe of Commons. 

Constitution of 37. The ilouse of Commons shall, subject to the pro- 
ii/ous'^i?! ""' visions of this Act, consist of one hundred and eighty-one 
CiwiaJa. members, of whom eighty-two shall be elected for Ontario, 

sixty-five for Quebec, nineteen for Nova Scotia, and fifteen 

for New Brunswick. 



RuimnoninRof 3§. The Governor General shall from time to time, in 

moi'is?" "'" ^'^'^ Queen's name, by instrument under the Great Seal of 

Canada, summon and call together the House of Commons. 



AND SITPLEMRNTARY ACTS. 



193 



0(1 by a 

liave a 

siiall be 



:j!>. A Senat(n- shall not be ciipable of beiii^ fleeted or of Soimtois not to 
. . ,. 1 r .1 IT r /^. *^'t '" House of 

sitUiiu' or votiuj^ as a monilwr of the llouso or t ominous. Couuiions. 

•10. Until the Parliament of Canada otherwise jirovides, Klcotoral dis- 
.> , ,, ,, ^. 1 -v' I, 11 11 tii(.'ts (if tilt! 

( )ntano, Qnebec, Nova hcotia, and New JiruMswick s'lall, fmn. I'luviucea. 

for the purposes of the electitui of int nd)ers to serve in tlie 

House of Commons, bo dividi'd into I'llectoral Districts as 

f.iliows: — 

(1) Ontario sliall be divided into tlie Counties, Kidinj^s 

of C'ounties, Cities, ))arts of Cities, and Towns 
enumerated in the lirst Scliedule to tins Act., 
each whereof shall be an lOlectoral i )istrict, each 
sucli District us numbertil in that Schedule 
being entitled to return one member. 

(2) Quebec shall be divided into sixty-five I'llectnral 

Districts, composed of tlie sixty-tive Electoral 
Divisions into which liOwer Canada is at the 
pasaiiif,' of this Act divided under chapter two 
of the Consolidated Statutes of Canada, chapter 
seventy-five of tlie Consolidated Statutes for 
Lower Canada, and the Act of the Province of 
Canada of the twenty-third year of the Queen, 
chapter one, or any other Act amending; the 
same in force attlie XInion, so that each such 
l']lectoral Division shall be for the i)urposes of 
this Act an Electoral District entitled to return 
one member. 

(3) Each of the eif^jlitcen Counties of Nova Scotia shall 

be an Electoral District. The County of Halifax 
shall be entitled to return two members, and 
each of the other Counties one member. 

(4) Each of the fourteen Counties into wliicli New 

Brunswick is divided, including the City and 
Conuty of St. John, sliall be an Electoral Dis- 
trict ; the City of St. John shall also be a separate 
Electoral District. Each of those fifteen VAoc- 
toral Districts shall l)e entitled to return one 
member. 

11. Until the Parlianieut of Canada'" otherwise pro- Coiitimiaiicoof 
vides, all laws in force in the several Provinces at the Union tio'iVlinvs'i'mtil 

relative to the following matters or any of them, nainelv, — I'arliainont of 
., I',. 1- IT ,. . . ' ,. ^ , ('iili!i(iii otlicr- 

ihe qualitications and disi]ualilications of jiersons to be wiac iirovides, 

elected or to sit or vote as members of the House of 



194 



THE CONFEDERATION ACT 



Writs for first 
election. 



\lk' 



P 



Assembly or Legislative Assembly in the several Provinces, 
the voters at elections of such members, the oaths to lie 
taken by voters, the returning ollicers, their powers anil 
duties, the jjroceedinf^s at elections, the periods during 
which elections may be continued, the trial of controverted 
elections, and proceedinj^s incident thereto, the vacatin<j; oi 
seats (jf mend)ers, and the execution of new writs in case 
of seats vacatcil otherwise than by dissolution, — shall re- 
s|)ectively ai)ply to elections of mendjers to serve in the 
House of Conunous for the same several Provinces. 

Provided that, until the Parliament of Canada otherwise 
])rovides, at any election for a Member of the House of 
Commons for tlie District of Al<4f)ma, in addition to persons 
qualified by the law of the Province of Canada to vote, 
every male British subject aj^ed twenty-one years or up- 
wards, beinj; a householder, shall have a vote. 

lii. iHpr the first election of members to serve in tlio 
House oii Commons the Governor General shall cause 
writs to b\ issued by such person, in such form, and ad- 
dressed to sftch returning officers as he thinks fit. 

The person Wsuin<i writs under this section shall have the 
like powers as are possessed at the ITnion by the ofticers 
char<;ed with the issuing of writs for the election of mem- 
bers to serve in the rosjiective House of Assembly or Le^'is- 
lative Assem])lv of tlie I'rovinco of (.'anada, Nova Scotia, or 
New ]>runswick; and the Returnin'4 Officers to whom writs 
are directed under tliis section shall have thi3 like powers as 
are possessed at the Uniou by the ollicers char<,'ed with the 
returning of writs for the election of member.-^ to serve in 
the same respective Housd of Assembly or Legislative 
Assend)lv. 



As to ciisiinl 
vuciuicies. 



^V-^' 



h 



') 



4U. In case a vacancy in the representation in tlie House 
of Commons of any Llectoral District happens before the 
meeting of the Parliament, or after the meeting of the 
I'arliament before provision is made by the Parliament in 
this behalf, the provisione of the last foregoing section of 
this Act shall extend and apply to the issuing and returning 
of a writ in respect of such vacant District. 



As to election 41. The House of Commons on its first assembling 
Ho'use'of'com- '^fter a general election shall proceed with all practicable 
nioiis. speed to elect one of its members to be Speaker. 



rrovincos, 
iths to lio 
)wers aiiil 
ds duriiii^ 
ntroverted 
acatinj:! of 
its in case 
— sliall re- 
•ve in the 
es. 

otlierwi.se 

House of 

to i)ersons 

a to vote, 

ars or iiii- 



rvc in the 
liall cause 
n, and ad- 

11 have the 

he oOicers 

1 of nieiii- 

or Le^is- 

■>cetia, or 

loni writs 

lowers as 

witli the 

serve in 

I'islative 



e House 
)efore tJie 
,' of the 
\nient in 
eotion of 
•elurnint,' 



sembling 
acticfc.ble 



AND SUPPLEMENTARY ACTS. 



195 



l.*}. In case of a vacancy happening; in the ofTice of As to lillinK up 
Speaker by death, resignation or otherwise, the House of oJUce'of '" 
Commons shall with all practicable speed proceed to elect *^1"^*'*'''- 
another of its members to be Speaker. 

■16. Tl'.e Speaker shall preside at all meetings of the Siieaker to 
House of (.nmmons. ' 

'ITt Until the Parliament of Canada otherwise provides, ProvMim in 

- ., , - r ii c 1 r c!is(! of absence 

m case of the absence for any reason of tlie Speaker from „(■ siitaUor. 

tlie chair of ihe House of Connnons for a period of forty- 

t'il,'lit consecutive hours, the House may elect another of its 

ine'.nbers to act as Si)eakcr,-" anil the nu'mber so elected 

shall durinji the continuance of such absence of the Si)eaker 

have and execute all the powers ; vileges, and duties of 

Speaker. 

IS. The presence of at least twentv members of the Quorum of 
,, , ,, 1 11 1 j_ ' • i Hou'ie (if Coui- 

House of Commons shall lie necessary to cf)nstitute a meet- nii>ii>i. 

in^ of tlic House for tlie exercise of its powers, and for that 

purpose the Speaker shall be reckoned as a memljer. 

19. (Questions arisin<{ in the House of Commons sliall be \<>tiiiu m 

T •! 1 1 ■ ■!. c ■ ii ii ..1 I t ii House of ("oin- 

(leculed by a majority of voices other than tlait of the ,,,,,ns. 

Speaker, and when the voices are e'jual, but not otherwise, 

tl.e Speaker shall have a vote. 

.'50. Everv House of Commons shall continue for five I'luntionof 

, J. 1 f 41 i. f .1 -t r 1 House of Coill- 

'.ears from the ilay ot tlie return of the writs for choosing nions. 
tile House (subject to be sooner dissolved by the Governor 
(General), and no hni^er. 

'51. On the (completion «t fell -ctiiitiUij in th« year out; IHiceuninl He- 
tliouaa nd. a JMht ' Innid g od anr t ■seven ♦>y'f»n«>,"n'ml of each «•!»> KC'i'iix'senta-" 
seqiietit lucennial census, the representation of the four''""- j^'i / t^ t\ C- ^ ^'^'^ 
Troviuces shall be re-adjusted-i by such authority, in such | | 

tnanner and from such time as the Parliament of Canada 
from time to time provides, subject and accordiu},' to the 
f'lllowing rules : — 

il) (^)uebec shall have the tixed number of sixty-live 

members : 
t'2'i There siuvU be assitiued to each of the other I'ro- 
vinces such a number of members as will bear 
the same proportion to the number of its popula- 
tion (ascertained at su(;ii census) as the uiunber 
sixty-live bears to the number of the pojiulation 
of Quebec (so ascertained): 
ii.c.c. I '5 



/■ 



196 



THK CON Fi; DERATION' ACT 




(."}) In tlie compntaMon of tlio iimiib r of iiifiiil)ei» for 
a Province a fractional part not exceudiii;; one 
half of tilt' wiiolo nninber re(jnisite for entitliiiL, 
tlie Province to a meniber shall be ilisrej^arded ; 
but a fractional part exceedinj* one-half of that 
number shall be e(]uivalent to tlie whole nmnlter; 

(4) On any such re-adjustment tiio nuniber of mendHT:, 
for a Province shall not be reduced tmless tlie 
pro|)ortion which the number of the population of 
the Province bore to the number of the !ij,'^'ref;ate 
population of Canada at the then last precediiii^ 
re adjustment of the number of members for thf 
Province is ascertained at the tlien latest census 
to be diminished by one-twentieth part or uj' 
wards : 

(4) Such re-adjustment shall not take effect until tic 
termination of the then existiufj Parliament. 

Increase of 52. The number of members of the'House of Common s 

House of Com- ni*y ''« from time to time increased by the Parliament of 
^oue. Canada, provided the proportionate representation of tli" 

Provinces prescribed by this Act is not thereby disturbed. 



Appropriation 
ana tax bills. 



Moiu'i/ I'liti'K : lluijal As.-iint. 
5Ht Bills for appropriatiuff any part of the public revcnn-', 
or for imposiuf^ any tax or impost, shall originate in tl.>' 
House of Commons.-- 



V' 



KeoouiuieiKla- ,"54. It shall not be lawful for the House of Commons :• 
tion of money , . ^ , .. , , i -n t »i 

votes, adopt or pass any vote, I'esolntion, address, or bill for thr 

appropriation of any part of the public revenue, or of ar> 
tax or impost, to any purpose that has not been first recom- 
mended to that House bv message of the (rovernor GeiierLd 
\ in the Session in which such vote, resolution, address, or 
bill is proposed.-'' 

Itoyal assent to 55, Where a bill passed by the Houses of the Parlui 
ment is presented to the Governor General for the Queen's 
assent, he shall declare according to his discretion, ijii', 
subject to the provisions of this Act and to Her Majesty':^ 
instructions, either that he assents thereto in the Quet'ii's 
name, or that he withholds the Queen's assent, or tiiat in' 
reserves the bill for the signification of the Queet-'s pleasure. 

Disallowance 50. Where the Governor General assents to a bill in the 
by Order in „ , , , ,1 , ^i i- ^ • i i. ^ 

Couucilof Act Queens name, he shall by the nrst convenient opportunity 



uieiiibers I'oi' 
cceodiii;^ one 

for eiititliiiL, 

(lisreyardeii ; 
■lialf of that 
liole mnnber: 
: of ineinber.s 
1(1 udIl'ss tlie 
population of 
the; at^'^'refjiiti' 
last prect'iliii^ 
rubers for tlif 

latest census 
1 i)art or up- 

'iiicX until tic 
•lianient. 

) of (!()innioiii 
L'arlianient of 
itation of :!;■■ 
y (listurbeil. 



ublic rcvenni/, 
inate in t\:r 



t!oninu)ns to 
bill for the 
ue. or of ai > 
II lirst recon:- 
■rnor ClenerMl 
adilrebs. or 

f the Parlia 
the Queen's 

scretion, bu'. 

er Majesty's 
the Queen's 

;, or that lit' 

su's pleasure. 

a bill in liie 
opportunity 



AND SUl'PLEMENTARY ACTS. 



11>7 



send an authentic copy of the Act to one of Her Majesty's assented t > by 

,,..,., , . " f c-i. i. 1 e A.\ /\ ■ rt " ■\ <'Ovenior liou- 

I'nnfipal Secretaries of State, and if the Queen in Council eral. 
within two years after receipt thereof by the Isecretary of 
State thinks fit to disallow the Act, such disallowance 
(with a certificate of the Secretary of State of the day on 
whi(;h the Act was received by him) bein<^ si^^nified by the 
(rovernor Crcneral, by speech or messaf^t' to each of the 
Houses of the Parliament, or by proclamation, s:i,ill air:iUl 
the Act from and after the day of such si^nirication.- ' 

,57. A bill reserved for the sit/nificition of the Queen's SiLiiiificati";; <if 
pleasure shall not have any force unless and until within j.\,,.,, ,,„ i,ii[ 
two years from the day on which it was presented to the rt.serveJ. 
Ctovernor General for the Queen's assent, the (Jovernor 
General sij^nifies, by speech or message to each of the 
Houses of the Parliament or by i)roclamation, that it has 
received the assent of the Queen in Council.-'' 

An entry of every such speech, messaj^e, or j)roclamation 
shall be made in the Journal of each House, and a duplicate 
thereof duly attested shall be delivered to the jjroper ofticer 
to be kept amon<» the Records of Canada. 

V. — PkoviNCI.M. CoNSriTLTlONS. 

K.ri'rutiTi' I'oirt'r. 

>1H. For each Pro\ince there shall be an ot'ticer, styled .VpiJoiutmoiit 
the Ijieutenant uovernor, appointed by the dovernor (joveniors of 
(ieneral in Council by instrument under the (Ireat Seal of I'rovinues. 
Canada. 

.»!), A Tiieutenant (lovi'rnor shall hold ofl'ice during the Teniu-eof ot?ien 
pleasure of the Governor General; but any Lieutenant ('/,J.'j1).',"q^!"'""^ 
(Iinernor appointed after the commencement of the first 
Session of the Parliament of Canada shall not be remove- 
able within five years from his appointment, except for 
I ause assigned,-'"' which shall be communieated to him in 
writiii<,' within one month after the order for his removal is 
made, and shall be communicated by mcssa>^e to the Senate 
an 1 to the House of Commons within one week thereafter 
if the Parliament is then sittint,', ami if not then within 
one week after the commencement of the next Session of 
the Parliament. 

00, The salaries of the Lieutenant Governors shall be Salaries of 
li.\ed and provided by the Parliament of Canada. ci'ovenlors. 




198 



THE CONFEDERATION ACT 



Applic'fitidii of 
provisions re- 
ferring to 
Liciiteniuit 
(iiivernor. 



Oaths, &c., of <n. Every Lieutenant Governor shal), before assuinint,' 
Governor. tlie duties of his office, make and subscribe before tlie 

Governor General, or some person autlioriztd by him, orttlis 
of allegiance and oflHce similar to those taken by the Gov- 
ernor General. 

fiS> The provisions of this Act referrinj^ to the Lieu- 
tenant Governor extend and apply to the Lieutenant Gov- 
ernor for the time being of each Province or other tiie 
chief executive officer or administrator for the time being 
carrying on the government of the Province, by whatever 
title he is designated. 

Apiiointnient 6!i« The Executive Council of Ontario and of i^diebec 
of exicutive i n i i r i ii i ■ .. ^ /■ 

..licers for On- ^''^^ "*-' composed of such persons iis the JjU>'.<tenant (mv- 

tario iind Que- ernor from time to time thinks tit. and in tlu first instiiiicc 

D6C. 

of tlie following officers, namely : — The Attorney-General, 
the Secretary and Pegistrar of the Province, the Treasure]- 
iif the Province, the f 'omniissioner of Crown Ijands, ;nul 
tile Commissioner of Agriculture and Public Works, willi 
in Quebec the Speaker of the Legislative Council and tlie 
Solicitor General.-^' 

F:xecutivc(iov 0-1. The Constitution of the Executive Authority 
eminent nf 
Novii Scotia 
ami New 

Hriinsxiick. 



Powers to lie 
exercised l)y 
Lieutenant 
(loveriicr of 
Outiirio or 
Queljec with 
advice alone. 



in 
each of the Provinces of Nova Scotia and New Brunswick 
shall, subject to the provisions of this Act, continue as it 
exists at the Union until altered under the authority of tliis 
Act. 

ii!i. All powers, authorities, and functions which iimler 
any Act of the Parliament of (ireat IJritain, or of tlie 
Parliameiit of the United Kingdom of Great Britain and 
Ireland, or of the Legislature of Upper Canada, Lower 
Canada, or Canada, were or are before or at the Union 
\estcd in or exerciseable by the respective Governors or 
Lieuteiuinl (iovernors of those Provinces, with the advice, 
or with the advice and consent, of the respective Executive 
Councils thereof, or in conjunction with those Councils, or 
with any number of members thereof, or by those (iovernors 
or Lieutenant Go\ernors individually, shall, as far as the 
same are capable of being exercised after the Union in 
relation to the Government of Ontario and Quebec, re- 
spectively, be vested in, and shall or may be exercised by 
the Lieutenant Governor of Ontario and Quebec re- 
spectively, with the advice or with the advice and consent 
of or in conjunction with the respective Executive Councils. 






AND SUPPLEMENTARY ACTS. 



199 



ore assuiniii!,' 
be before tlic 
by him, oaths 
n bv the Gov- 



to the Lieii- 
DUtenaiit Gov- 

or otlier the 
he time bein<i 
', by whatever 

,ncl of i^iueljec 
euteniint (inv- 
i first instiince 
iriicy-Gemral. 
tlie Treasurer 
n liiUKls. II ml 
c Works, with 
mncil and the 



Authority in 
ew Brunswiek 
continue as it 
thority of tliis 

which uuiler 
ain, or of the 
Britain and 

nada, Lower 
at the Union 
Governors or 
th the advice, 
ive Executive 
ic Councils, or 
ose (iovernors 

as far as the 
the Union in 
d Quebec, re- 
e exerciseil hy 
Quebec re- 
,e and consent 

tive Councils. 



or any members tliereof, or by tlie Lieutenant Governor in- 
dividually, as the case requires, subject nevertheless (except 
with respect to such as exist under Acts of the Parliament 
of (ireat [Britain, or of the Parliament of the United 
Kinjidom of Great Britain and Ireland), to be abolished 
or altered by the respective Lej^islatures of Ontario and 
(,)nebec.-"~ 

<»<». The provisions of this Act referring to the liieu- A|iiilicaiii>ii of 

t-iiiint Governor in Council shall be construed as referrinj^ [^.I'l-iil^'t,,*" 

to the Lieutenant Governor of the Province acting bv and jjieutfiuiiit, 

■ (Jipvtinior m 

with the advice of the Executive Council thereof. (Oiuuil. 

<»T. The Governor General in C'ouncil may from time to Ailuiinistni- 

tnne appoint an administrator to execute the othce and ^i^.^, ,jf i,i,.„. 

functions of Lieutenant Governor durint» his absence, ill- 1''""^"' ^'"^'''■' 

,.,.,. nor. 

iiess, or other inability. 

tiH, Unless and until the Ivxocutive Government of any Seats of Pro- 
, . .^1 • 1- ;. -^1 i i. ii 4 n • ' viiieiaHiov- 

t Kivinco otiierwise directs witli respect to that Province, pj.,,,,, ems. 

t'li' seats of Government of the Provinces shall be as 

follows, namely, -of Ontario, toe City of Toronto; of 

<,)iu'l)ec, the (,'ity of Quebec. ; of Nova Scotia, the City of 

51 ilifax : and of New Brunswick, the City of Fredericton.-'-' 

Lcjlirihitivc I'owi'r. 

1. — OKTARIO. 

09. There shall be a Lej^islature for Ontario consisting I'egislatiuo for 
<if the Lieutenant Governor and of one House, '" styled the 
Lej^islative Assembly of Ontario. 

TO. The Letjislative Assembly of Ontario shall be com- Klectoral Jis* 
posed of eif^hty-two members, to be elected to represent the ^^"^'•^• 
'ii^hty-two Electoral Districts set forth in the first Schedule 
to tliis Act.'ti 

2. -QUEBEC. 

71. There shall be a Lej^isJature for Quebec consisting I, ouislnture for 
■! the Lieutenant Governor and of two Houses, styled the '"^ 

l^egislative Council of Quebec and the Lej^islative Assemblj 
• 1 Quebec. 

72, The Legislative Council of Quebec shall be com- Constitution of 
posed of twenty-four members, to be appointed by the couucil. 
Lieutenant Govarnor in the Queen's name, by iiistrument 



200 



THE CONFEDERATION ACT 




Qii.iiit'K'Mtiiiii 
Leiji^- ative 
CiiiiiU'illois. 



lifj-iKtiatioii, 
<lici|uiiliticit- 
tioii. A'c. 



Vacaiioicp. 



of 



Vui'stioiis us 
vaciiucii'K, iVi' 



Spi iikei'of 
liCi-'isliitivi' 

<'OU!JCil. 



to 



Quorum of 
Oouiicil. 



VotiiiR in 

Lefjislative 

(;ou!icil. 



Constitution 
Lefit-lative 
Assembly of 
Qui'buc. 



under the Great Seal of Quebec, one bein;,' niJpointiMl to n- 
present eacli of tlie twenty-four I'llectonil Divisions of 
Lower (Canada in this Act referred to, and eacli holding 
office for tlie term of his life, unless the Ijei^islatiire of 
Quebec otherwise provides mider the provisions of tlii- 
Act/'-' 

7!l, 'I'Ih' i|Uuliti(';itions of tlie Letjislative Conmillors of 
(^ucbee shall be the same as those of the Senators fur 
(Quebec. ■ 

71. The place of a Tief,'isl,itive Couneiilor of i^uehrc 
shall become vacant iii the cases, miildtin iniitiunlis, in which 
the place of Senator becomes vacant. '' 

7'^. \\ hen a vaeanc\' happens in the Le^'islativc ('oniii il 
of Quebec, by resijination, death, or otherwise, the I^ieii- 
tenant (lovernor, in the (Queen's name, by iustiunicnt 
under the (ireat Seal of Quebec, sinill a[)i)oint a (it and 
ijualified person to HI! the vacancy. 

TO. If any ijuestion arises respecting the (lUiiliHcation of 
a Lej^islative Councillor of Quebec, or a vacancy in tin- 
Lei,'islativi> Touncil of Quebec, the same shall be heard aini 
determined by the Legislative Council. 

TT. The Lieuteinint Governor may from time to time, 
by instrument under the Great Seal of Quebec, apj)oint a 
member of tlie Ije^^islative Council of Quebec to be i^peaker 
thereof, and may remove him and appoint another in his 
stead. 

7W, Until the Le-^islature of Quebec otherwise provi(k'^. 
the presence of at least ten members of the Lej^islativi' 
Council, including; the Speaker, shall be necessury to con- 
stitute a meeting for the exercise of its [jowers. 

T!>. <,)uestions arisinj^ in the I.etJislative Council of ()\\f 
bee shall be decided by a majority of voices, an<l tlie 
Speaker shall in all cases have a vote, and when the voices 
are equal ihe decision shall be deemed to be in the ne^ativi.-. 

of SO. The Lej^islative Assembly of Quebec shall be com- 
posed of sixty-five members, to be elected to represent the 
sixty-five Electoral Divisions or Districts of Lower (Canada 
in this Act referred to, subject to alteration'' "■ thereof by the 
Legislature of Quebec : Provided that it shall not be lawful 
to present to the Lieutenant Governor of Quebec for assent 



AND SIPPLKMENTAKY ACTS. 



201 



K)illtl'(l to IC 

Divisions of 
t-acli lioldiii!^ 
L'^^islatiire nf 
sioiis of tlii- 

oiiiicillors of 
Sfinitors for 



)!• of (^iU'l)eo 

((/'•••, ill wliicli 



itivc Colllirll 

Ml', the Lien- 

iusti-iimciit 
lit :i lit :lli(l 

aiiliciitiou of 
•aiicy ill till- 
Ill' lieiird HI 1(1 

iine to time, 
c, (ijipoint ;i 
I hv Sjn'iikir 
)tlier in his 

isc provides. 
.of<islativ(.' 
surv to con- 

iicil of <j)iic 

:i's. iiiiil tiiL- 

1 the voices 

he iiet;ative. 

hall be com- 
L'present the 
wer Canada 
lereof by the 
ot be hi \v fill 
3C for assent 



any bill for altcrinj^ the limits of any of tlio Electoral 
Ihvisions or Districts mentioned in the second Schedule to 
tnis Act, unless the second and third readiiij^s of such bill 
!iii\(' been passed in the Legislative Assembly with the con- 
tuirence of the majority of the members lepreseiitin^j all 
tlioso Electoral Divisions or Districts, and the assent shall 
!.ot be f^iven to such bills unless an address has been pre- 
sented by the Le;,'islative Assembly to the l.ieutenant (lov- 
• riior statin^,' that it has been so jiassed. 

3.- ONTARIO AND QUE.^EC. 

*l. 'ri'.e LeVuslatiircis of Ontario iind Quebec rcspectivelv Fiist session of 

, 1, 1 II I \ .1 .1 I .1 .. ,i" Ijenislatures. /i 

■■ .;ill l)j called tojfcther not later than si.\ months after the .. ■ , 






.), 



I' 



moil 



N'2. The Eientenant Governor of Ontario and of (Quebec SniiiinoninK of 
, ,, , . ... , , . l-e|.;islativo As. 

■-^iKill from time to time, m the Queen s name, liy instrit- somblies. 

ii-iit under the (ireat Seal of the Province, summon and 

iiill tof^other tlie Lej^islative Assembly of the Province. 

S'l. Until the Lej^islature of Ontario or of Quebec other- Hestrictiou on 
. , , . 1 1 1 ■• , » i • elcetioil of 

•.vise provides, a person ac(.'eiitin<4 or hohtiiij^ m Ontario or i,,,iii(,,.s of 

i'l (,)uebec any office, commission, or employniunt, jier- '>'fii^'^^^- 

:iiaiient or temporary, at the nomination of the Lieutenant 

(lovernor, to which an annual salary, or any fee, allowance, 

emolument, or profit of any kind or amount whatever from 

llie Province is attached, shall not be eli^'ible as a member 

of the Legislative Assembly of the respective I rovince, nor 

'^hall he sit or vote as such ; but nothiii<^ in tiiis section 

si;all make inelij^'iblc any person bein^,' a member of the 

Executive Ck)uueil of the respective Province, or holdinj^ 

any of the foUowiin,' offices, that is to say, the offices of 

\ttorney-Geiicral, Secretary and He,L,'istrar of the Province, 

Treasurer of the Province, ('ommissioner of C^rown Lands, 

;ind Commissioner of .V^'riculture and Public Works, and. 

in (^)iiebec, Solicitor-Generah'", or shall disijualify him to sit 

or vote in the House for which he is elected, jirovided he is 

elected while lioldinj^ such office. 

HI. Until the Lej^islatures of (Jnturio and (,)uebe(' re- Coiititiiuinco 
speetively otherwise provide, all laws which at the Union uiyction laws, 
iire in force in those Provinces res[)eetively. relative to the 
followiiifi matters, or any of them, namely,— the (lualitica- 
tions and disiiualirtcations of persons to be elected or to sit 
or vote as members of the Assembly of Canada, the 
• I'.ialitications or dis(jualifications of voters, the oaths to be 



202 



THE CON'FEDKRATION* ACT 



taken by voters, the lleturniii',' OfVicers, their powers ivn ! 
(lutieH, the proceediii^js lit elections, the periods diiriu;; 
wliicli sucli elect"' )n8 may be continued, and tlie trial of coi;- 
troverted elections'" and the [)roceedint,'H incident tiu'ieti>, 
the vacatinj,' of the seats of members and tlie issuing an i 
execution of new writs in rase of seats vacuteil otherwi-' 
tlian hy dissolution, sliall resi)ectively apply to election-, of 
members to serve in tlie respective Le^^islative Assemblie-i 
of Ontario and (Quebec. 

Provided that until the Ijet^islature of Ontario otlierwis ■ 
provides, at any election for a meml)er of the Ije;,'islativi- 
Assembly of Ontario for tl»e District of Alt,'onni, in adiji 
tion to persons <iualilied l)y the law of tlie Province of 
(!anada to vote, every male British subject, aged twenty 
one years or upwards, bein^^ a householder, sliail iuivt- a 
vote. 



Dui'iitidu (it 
Leuislativt' 
AssiMiililit"^^, 



Sl)eaker, 
quorum, iVc. 



H^, I'Aery Le^jislative Assemlily of Oiit:irio and evtry 
liCgislative Ass(>mbly of Quebec sliall continue for font 
years from tlie day of the return of tlie writs for choo-iiu 
tlie same (subjiict nevertheless to either thi' lAV'^islativc 
Assembly of ()ntari(j or the Legislative Assembly of Que- 
bec being sooner dissolved by the Lieutenant (lovernor of 
the Province), and no longer. 



Yearly session 
ol' Lei-lslHtine. 



Hii, There shall be a session of the Legislature of 
Ontario and of tb.at of Quebec oiica at least in every year, 
so that twelve months shall not intervene between the lust 
sitting of the Legislature in each Province in one session 
and its first sitting in tlie next session. 

ST. Tlie following provisions of this Act respecting the 
House of C^ommons of (Janada, shall extend and apply to 
the Legislative Assemblies of Ontario and Quebec, that is 
to say, — the provisions relating to the election of a Speaker 
originally and on vacancies, the duties of the Speaker, tlie 
absence of the Speaker, the quorum, and the mode of 
voting, as if those provisions were here re-enacted and 
nn\de applicable in terms to each such Legislative Assembly. 



4.— Nova Scotia and New Brunswick. 

Constitutions ||i§. The constitution of the Legislature of each of the 
of Lefjislatures „ , . ^ , ^. . at t> ■ i i n i 

of Nova Scotia Provinces of Nova bcotni and New Brunswick shall, sub 

Brunswick J®*^* *^ *^^® provisions of this Act, continue as it exists at 



AND SLl'PLEMENTARY ACTS. 



20:J 



iiture of 
ry yeiiv, 
the lust 

session 



the ITnion until iilteied iiiidor tlie aiitliority of tliis Act ; 
tmd -the Ilouaa o£ Amwrnbly «tf Nhw Hriutkiwiok HxiHtiitg At 
tXui paMbii)^ of thiii Act tkliall, unless sooner di«w)ive(l, vmi- 
tiniiM {«u' the pHritxt for wliiuii it wah elucti«d. 






e*' 



r> ;) f' 



V ^ 



5.— Ontario, Quebec, and Nova Scotia. 

Hit, Ei^i of the Lieutenant Governors of Ontario. Que- Fir^i oU>ciioii. 
bee, and NfiVa Scotia shall cause writs to be issued for the 
first election <\f nicnibcrs of the I.e>^islative Assembly 
tliereof in such ffmn and by such person as lie thinks (it, 
and at sucii time and adilressed to sucli Returnin<4 OHictr //,/> K^ 
as the Governor Gener^l directs, and so that the first elec- ' U 
t:au of meml)er of Assemlily for any I'llectoral District or 
any subdivision tliereof shall be held at the same time and 
at the same places as tiie election for a member to serve in 
the House of ((jninions of Canada for that Electoral Dis- 
trict. 

6.— The Four Provinces. 

1MK The foUowinj^ ji -ovisions of this Act respecting' the Aiipliciit! l to 
Parliament of Canada, namely, — the provisions relatinji ^'J n'rovIs'iiViis* " '^ 
appropriation and tax bills, tlu; recommendation of moiu'y rcsiicctiii'^ 
votes, the assent to bUls, the disallowance of Acts, and the .vc 
sii^nitication of pleasure on bills reserved, — shall extend 
and apply to the Le;,'islatures of the several Provinces as if 
those provisions W(!re here re-enacted and nnide applicable 
in terms to the respective Provinces and the Lei^islatures 
thereof, with the substitution of the Lieutenant (iovernor 
of the Province for the (iovernor General, of the (iovernor 
General for the (jueen and for a Secretary of State, of one 
vear for two vears, and of tlie Province for ('anada. 



t-^ 



\'I. — Disriuiu"rn)N of I i:i.isi,.\ii\k Posvi:ii> 
I'liiriTK III' till' Piirliiiiii'iit. 



lawful for the Queen, by and with the f-i^i'lativo 
, of th" Senate and House of Commons, ].^^ijj^,„g|,j ,,j- 



»l. It shall be 
advice ami consent 
to make laws for the peace, order, and f^ood jiovernment of *''ui!i(U. 
(Janada, in relation to all matters not comiu}^ witiiin the 
classes of subjects by this Act assif»ned exclusively to the 
Lciiislatures of the Provinces ; and for greater certainty, 
but not so as to restric, the yenerality of the foreyoin;^ 
t«rms of this section, it is hereby declared that (notwitli- 
.standing anything in this Act) the exclusive lef^islativc 



'^w^mmif^m^mmmmmmmm 



204 



THE CONFEDERATION ACT 



authority of the Parliament of Canada extends to all 
matters comint; within the classes of subjects next here- 
inafter enumerated ; that is to say, — 



1^ . 



1. The Public Debt and Property. 
'2. Tlie roKulatioii of Trade and Coinnierce.:t9 
'.',. Tlic riiisin'.' of money by any mode or system of Taxation. 
}. The borrowinf,' of money on the public credit. 
."). Postal service. 
ti. The Census and Statistics. 

7. Militia, .Military an<l Naval Service, and Defence. 
I*. Tlu HxiiiK of and in-ovidiiif,' for the salaries and allowances of 
civil and other oBicers of the Government of Canada.4" 

Beacons, Unoy , l;it,'htho!'..-.i!-;, and Sable Island. 
Xavif^ation and Siiiiii-'iif,'. 

Quarantine and the establisliiuent and maintenance of >rnriiu< 
Hospitals. 

Sea coast and inland Fisheries. -1 i 

Ferries between n Province anil any I'ritish or Korei^'u 
country, or betwee;i iw,) Provinces. 

Currency and Coinage. 

Banking, incorporation of banks, and the issue of paper 

money. 
Saving's Hanks. 
Weigiits and Measures. 
Hills of lOxchaiiKe and Promissory Notes. 
Interest. 
Lt't,'al ti'iider 

}{ankrui)tcy and Insolvency. 
Patents of invention and discovery. 
CopyriKhts.lJ 

Indians, and lands reserved for the Indiaiis.i'i 
Naturalization and .Miens. 
Marriat^e and Divorce. 

The Criminal Law, except the Constitution of Courts ot 
Criminal .Jurisdiction, but includin;^ the Procedure in 
Criminal .Matters, 

•Js, The Kstablishmoiit. Maintenance, and Management of Peni- 
tentiaries. 

'2'.). Such classes of subjects as are expressly exeepte<l in the 
enumeration of tne classes of subjects by this Act assi(;ned 
exclusively to the Legislatures of the Provinces. 



;o. 
n, 

13. 

u. 

i.j. 

10. 
17. 

18. 
111. 
■2C<. 
21, 



■-'-. 



.\ii(I any matter coming within any of the classes of sub- 
jects i'linmerated in this section shall not be deemed to 
come within the class of nuitters of a local or private 
nature comprised in the enumeration of the classes of sub- 
jects by this Act assijjned exclusively to the Legislatures of 
the Provinces, 



AND SUPPLEMENTARY ACTS. 



205 



/•".rc/i/x/iv Piiwi'r.'< of Pmviucinl L(':i!!<l(ititri'i<. 

9*2. In each Province the LejJiislature may excUisively Suhjects of 
make hiws in relation to matters coniinj^ within the chisses provincial 
of subjects next hereinafter enumerated ; that is to say,— legislation. 



10. 



11. 
12. 
IH. 
U. 



Ifh 



The amendment from time to time, notwithstanding any- 
tliinK in this Act, of tlie Constitution of the Province, 
e.xcept as regards the oHice of Lieuteimnt Ciovernor.-ii: 
Direct Taxation within the Provinci- in order to tho raising; of 

a Ileveniie for Provincial i)nr|)oses i"" 
Tlie horrowinj,' of money on the sole credit of the Province. 
Tlie establishment and tenure of Provincial offices and the 

appointment and payment of Provincial otticers. 
The mana(,'enu'nt and sale of thePulilic Lands lielonf»inf,' to 

the Province and of the timber an<l wood thereon. 
Till! establisluneiit. maintenance, and mauuf^ement of public 

and reformatory prisons in and for the Province. 
The establisliment, maintenance, and management of hos- 
pitalRi asyhmis. charities, and eleemosynary institutions in 
and for the Province, other than nniriue hospitals. 
Municipal institutions in the Province. t« 

Shop, saloon, tavern, auctioneer, and otlier licenses in order 
to the raising of a revemu; for Provincial, local, or munici- 
pal purposes. I'i 
Local works and undertakings other tlian sucli as are of the 
following classes, -- 
a. Lines of steam or other sliips, railways, caiuils, telo- 
(;raphs, and other works and undertakings connectinf,' 
the Province with any other or otliers of the Pro- 
vinces, or extending beyond tlie limits of the Pro- 
vince : 
b Lines of steamships between the i'roviuci' and any 

British or foreign country. 
c. Sucli works as, altliou^!li wholly situate within the 
Province, are before or after their execution declared 
by the Parliauuiiit of Canada to be for the ^jciieral 
advantage of Canada or for the advantage of two or 
more of tlie Provinces f? 

The incorporation of companies witli Provincial objects. 
The soleiimizatioii <)f marriage in tin- Province. 
Property an! civil rights in tlie Province. Js 

Tlie administration of justice in the Province, includiii),' the 
constitution, maintenance, and organization of Provincial 
Co .rts, both of civil and of criniiiial jurisdiction, and in- 
cluding procedure in Civil matters in those Courts, f.' 

The imposition of punishment by tine, penalty, m- inipri'-ou- 
ment for enforcing any law of the I'rovince made in r»'la- 
tion to any matter coming within any of the classes of 
subjects enumerated in this section. .">'• 

Generally all matters of a inertly local or private nature in 
the Province. 



^00 



THE CONFKDERATION ACT 



Kducatiiiu. 



Legislation 

respecting 

education. 



93. In and for eaclv Province the Lej»iHlature may ex 
clusively make laws in relation to education, subject and 
accordinj? to the foUo-Ainfi! provisions : 

(1) Nothing in any such hiw shall prejudicially affect 

any ri^;ht or priviletje with respect to denomina- 
tional scliools which any class of persons have by 
law in the Province at the Union. 

(2) All tho p)wer8, privileges, and duties at the Unii):i 

by law conferred and imposed in [Jpper Canada 
on the sei)arate schools and school trustees of the 
Queen's Roman Catholic subjects shall be and 
tl)e same are hereby extended to tlie dissentient 
schools of tlie Queen's Protestant and Roman 
Catholic subjects in Quebec : 

(3) Where in any Province a system of separate or dis- 

sentient schools exists by law at the Union or is 
thereafter established by the Legislature of the 
Province, an appeal shall lie to tlie Governor 
General in Council from any Act or decision of 
any Provincial authority affecting any riglit or 
privilege of tlie Protestant or Roman Cutliolic 
minority of the Queen's subjects in relation to 
education 'J'^ 

(4) In case any such Provincial law as from time to 

time seems to the Governor General in Council 
requisite for the due execution of the provisions 
of this section is not made, or in case any decision 
of the Governor General in Council on any 
appeal under this section is not duly executed by 
tlie proper Provincial authority in that behalf, 
then and in every such case, and as far only as 
the circumstances of each case re<iuire, the Parlia- 
ment of Canada may make remedial laws for the 
due execution of the provisions of this section 
and of any decision of the (rovernor General in 
(!ouncil under this section. '- 



lliiil'ormitij nf L'tW!< in Ont'irin, Xnva Sa^tia, and New 

Itniiisirick. 



LoKislation for 94. Notwithstandinj} anything in this Act, the Parlia- 

laws in the ment of (])anada may make provision for the uniformity of 
throe Pro- 
vinces. 



all or any of the laws relative to property and civil rights 



AND SUPPLEMENTARY ACTS. 



207 



in Ontario, Nova Scotia, and New Brunswick, and of the 
procedure of all or any of the Courts in those three Pro- 
vinces ; and from and after the passing of any Act in that 
behalf the power of the Parliament of Canada to make 
laws in relation to any matter comprised in any such Act 
shall, notwithstandinjJ anything in this Act, be unrestricted ; 
but any Act of the Parliament of Canada making pro- 
vision for such uniformity shall not have effect in any Pro- 
vince unless and until it is adopted and enacted as law by 
the Legislature thereof. ■"'•» 

Aiirirultiiri- and Immigration. 

fl.'i. In each Province the Legislature may make laws in concurrent 
relation to Agriculture in tlie Province, and to Immij'ra- l"'w.<'r** of 
tioii into tlie Province : and it is hereby declared that tiie respoctinR 
Parliament of Canada may from time to time make laws '^.g^'^" "'^'"'^ 
in relation to Agriculture in all or any of the Provinces, 
and to Lnmigration into all or any of the Provinces ; and 
any law of the Legislature of a Province relative to Agri- 
culture or to Immigration shall have effect in and for the 
Province as long and as far only as it is not repugnant to 
any Act of the Parliament of Canada. 

VII. — JiincArntK. 

06. The Governor General shall appoint the Judges of Apiinintment 
the Superior, District, and County Courts'"'^ in each Pro- 
vince, except those of the Courts of Probate in Nova Scotia 
and New Prunswick. 

f>7. Until the laws relative to pi'operty and civil rights Suleption of 
in Ontario, Nova Scotia, and New Prunswick, and tiie pro- ontaito,'&c. 
cedure of the Courts in tliose Provinces, are nnido uniform, 
the Judges of the Courts of those Provinces appointed by 
the Governor General shall be selected from tlie respective 
Bars of tliose Provinces. 

OS. The Judges of the Courts of Quebec shall be selected S<'lec'tinn nf 

•Iii'l^t's 111 
from the Bar of that Province. yuebeu. 



»». The Judges of tlie Suiiericr Courts shall hold office Tenure of 
1 • T , , ■ , 111, 11,1 otlico of 

(luring good beliaviour, but snail be renioveable by the .juiIuch of 

Governor General on address of the Senate and House of roui'ts"' 

Commons."''"' 



■ipi 



■ 



208 



THE CONFEDERATION ACT 



Salaries, &c., 
of -Judges. 



General Court 
of Appeal, ttc. 



100* The salaries, allowances, anl pensions of the 
Judges of the Superior, District, and County Courts (except 
the Courts of Probate in Nova Hcotia and New Brunswick), 
and of tlie Admiralty Courts in cases wliere the Judges 
thereof are for the time bein;,' paid by salary, shall be fixed 
and provided by the Parliament of Canada. 

lOl. The Parliament of Canada may, notwithstandinj^ 
anything in this Act, from time to time, provide for the 
constitution, maintenance, and organization of a general 
Court of Appeal for Canada, and tor tlie establishment of 
any additional Courts for the better administration of tlie 
Laws of Canada.'''''' 



Creation of 
Consolidated 
Kevetuie 
Fund. 



VIII. — Rkykntics ; Dkkts ; Asskts ; Taxation. 

10S« All duties and revenues'"' ^ over which the respective 
Legislatures of Canada, Nova Scotia, and New Brunswick 
before and at the Union had and have power of appropria- 
tion, except such portions thereof as are by this Act re- 
served to the respective Legislatures of the Provinces, or 
are raised by them in accordance with the special j)0wer9 
conferred on them by this Act, shall form one Consolidated 
Revenue Fund, to be appropriated for the public service of 
Canada in the manner and subject to the charges in this 
Act provided. 

Expenses of lOJl. The Consolidated Revenue Fund of Canada shall 

collection, &c. be permanently charged with the costs, charges, and ex- 
penses incident to the collection, management, and receipt 
thereof, and the same shall form the first charge thereon, 
subject to be reviewed and audited in such manner as shall 
be ordered by the Governor General in Council until the 
Parliament otherwise provides. 

104. The annual interest of the public debts of the 
Pro'vin^eial several Provinces of Canada, Nova Scotia, and New Bruns- 

public debts, wick at the Union shall form the second charge on the Con- 
solidated Revenue Fund of Canada. 



Salary of 
Governor 
General. 



\0!it Unless altered by the Parliament of Canada, the 
salary of the Governor General shall be ten thousand 
pounds sterling money" ^ of the United Kingdom of Great 
Britain and Ireland, payable out of the Consolidated 
Revenue Fund of Canada, and the same shall form the 
third charge thereon. 



AND SUPI'LKMENTARY ACTri. 



209 



100. Subject to the sovoral pavmeiits bv this Act Ai<|»-.>|>riatioii 
charj^ed on the Lousoluiated Ki'veinic r luul of Liininlii, tlie tim.-. 
same shall be ap|)ropriatetl by the Farliameiit of Canada 
for the public service. 

107. All stocks, cash, banker's balances, and securities Transfer. Ac., 
for money belon^in^' to each Province at the time of the 
(Inion, except as in tliis Act mentioned, shall be the pro- 
perty of Canada, and sliall be taken in reduction of the 
amount of the respective debts of the Provinces at the 
Union. 



lam. Tlie public works and property of each Province, Transfur of 
unnerated in tlie 1 
property of Canada. 



enumerated in tlie tiiird schedule to this Act, sliall be the ^j.in>iii,ij, 



109. All lands,"''' mines, minerals, and rovalties'" belong- Troperty in 
,, 1 i> • f /, IX- 'c ..• IV lands, mines, 

mj» CO tlie several I'rovuices ot ( anada, Nova Scotniand New ^^.^ 

Brunswick at the Union, and all sums then due or payable 
for such lands, mines, minerals, or royalties, shall belonj: to 
the several I'rovinces of Ontario, Quebec, Nova Scotia and 
New Brunswick in which the same are situate or arise, 
subject to any trusts existini^ in respect thereof, and to any 
interest other than that of the I ro\ince in the same. 

110. All assets connected with such portions of tlie .\ssots con- 
public debt of each Province as are assumed by that Tro- provineial 
vince shall belonj' to that Province. debts. 



111. Canada shall be liable for the debts and liabilities Canada to be 

liable tu I'ro- 
vincial ilelits. 



t)f each Province existiiii" at the I'nion. 



ll*i, Ontario and Quebec conjointly shall be liable to Debts ()f 
C'anada for the amount (if anyi l)y which the debt of the guoljec 
Province of Canada exceeds at the Union sixty-two million 
five hundred thousand dollars, and shall be char^^ed with 
interest at the rate of live per centinn per annum thereon. 

Il!l. The assets enumerated in the fourth Schedule to Asset- of 
this Act belon}j;inj,' at the Union to the Province of Canada ouu,\^.',? "^"'' 
shall be the property of Ontario and Quebec conjointly. 

114. Nova Scotia shall be liable to Canada for the Debt of 
amount (if any) by which its public debt exceeds at the ^""^ ' '"'" '"■ 
Union eij^ht million dollars, and shall be charged with in- 
terest at the rate of five per centum per annum thereon. 





210 



Debt Of Now 

Brunfiwick. 



THE CONFEDERATION ACT 

ll>f. New Brunswick shall be liable to Canada for the 
amount (if any) by which its public debt exceeds at the 
Union seven million d(jllar8, and shall be charjjed with in- 
terest at the rate of five per centum per annum thereon. 



Pfvymeiit of 
interest to 
Nova -cotiii 
ami Now 
Brunswick. 



116. In case the public debt of Nova Scotia and New 
iirnnswick do not at the Union amount to ei^ht million 
dollars and seven million dollars respectively, they shall re- 
spectively receive by half-yearly payments in advance from 
the Government of Canada interest at five per centum per 
annnp' on tlie difference between the actual amounts of 
tin a; active debts and sucli stipulated amounts."' 






I'roviuoiiil 
I'lililic pro- 
perty. 



117. Tho several Pi'ovinces shall retain all their re- 

h^>^;live publ (J property not otherwise disposed of in this 
Act, subjvi t to I lo rij^Vit of Canada to assume any lands or 
public propeny leqiiired for fortifications or for tlie defence 
of tlie countrv. 



Grn:its to 
I'ruvilioes. 



lis. The following sums shall be paid yearly by Canada 
to tiie several Provinces for the support of their Govern- 
ments and Legislatures : - 



Ontario 
Quebec 
Ndvn Scotia 
New ]{runswick 



Dolhus. 
Kif,'lit.v tlioustiud. 
Seventy t)iousinul. 
Hi.Kty tlioiisHnil. 
Fifty thousiuul. 



Two hundrofl nnd si.xty tliousaial ; 



and an annual grant in aid of each Province shall be made, 
('([ual to eighty cents per head of the population as 
ascertained by the census of one thousand eight hundred 
and sixty-one, and in the case of Nova Scotia and New 
I'ruuswick. by each subserjuent decennial census until the 
population of each of those two Provinces amounts to four 
hundred tiiousand souls, at which rate such grant shall 
thereafter remain. Such grants shall be in full settlement 
>f all futuri! demands'" on Canada, and shall be paid half- 
yearly ill advance to each Province ; but the Ciovernnieut 
of Canada siiall deduct from such grants, as against any 
Province, all sums chargeable as interest on the Public 
Debt of tliat Province in excess of tlie several amounts 
stipulated in this Act. 



AND SUPPLKMKNTARY ACTS. 



•211 



119. New Brunswick shall receive by lialf-yeai'ly pay- ^''|>■_tllOl• ijiant 
riients in advance from Canada, for the period of ten years Himiswick. 
from the Union an additional allowance of sixty-three 
thousand dollars per annum ; but as lonj^ as the Public 
Debt of that Province remains luider seven million dollars 
a deduction equal to the interest at five per centum per 
annum on such deficiency shall he made from that allow- 
ance of sixty-tlnx'c thousand dollars. 

ISO* All payments to be made under this Act, or in dis- P'orni of 
charjie of liabilities created under any Act of tlie Pro- - '"^ ' • • 
vinces of Canada, Nova Scotia and New Brunswick re- 
spectively, and assumed by Canada, shall, until the Parlia- 
ment of Canada otherwise directs, he made in such form 
;ind nnmner as may from time to time he onkri-d by the 
Ciovernor General in Council. 



121. All articles of the j^rowth, produce, or numufacture ('iiiunHau 
of any one of the Provinces shall, from and after the '";'-""''"<''^' 
I'nion, be admitted free into eacli of tiie other 'I'ovinces. 



I3!3< The Customs and I'lxcise Laws of each Province CoiitiMiiaiicf 
I II 1 • i 4. ii t ^t ■ K .. i.' • of ouslouis and 

shall, subject to tlie provisions of this Act, continue m j-xei-iL- laws. 

force until altered by tlie Parliament of Canada. 

Vi'fi, Where Customs duties are. at tlie Ciii.'U livial)lv r.xoortatioii 
, , , . . . ., "I'll iiiiporta- 

<iu any ^^oods, wares, (n' merclKnidises in any two 1 ro- ,i(,„ ;ij< i,,.. 

vinces, those j'oods, wares and ni'Tchandises mav, iVoni and •^J^'"''!' ^'''"^ 
^ , , „ ' I'rovinci's, 

after the Union, Ije imported from one of those Pros inces 
into the other of them on proof of payment of tiie Customs 
duty leviable thereon in the Province of exportation, and 
on i)ayinent of such furtlier amount (if anv) of Customs 
duty as is leviable tliereon in tlie I'rovince of importation. 



I'il. Nothinj^ in tliis .\ct shall affect the ri^ht of New launher dues 
lirunswick to levy the lumber dues''- provided in chapter ^yj,.|^ 
tifteen, of title three, of the Revised Statutes of New 
Ihiinswick, or in any Act amending,' that .Vet before or 
after the Union, and not increasiii',' the amount of snch 
dues; but the lumber of any of the Provinces other than 
New Brunswick shall not be subjected to such dues. 

Via, No lands or property belonj'inji' to (,"ana(la or anv r'''<'''"I'tit>» of 
1) • 1 11 1 f 1 1 / ,. ■ 1- ■ I'lil'h'' lauds, 

J rovmce shall be liable to taxation. ai-. 



II.C.C. 



u 



212 



THE CONFEDEHATION ACT 



Provincia! 

Onn soli dated , ■ , , , 

Kevemie Fund, which the respectiv 



126. Such portions of tlie duties and revenues over 
Lej^islatures of Canada, Nova Scotia, 
and New Brunswick liad hefore the Union power of ap- 
propriation as are by this Act reserved to the respective 
Governments or Legislatures of the Provinces, and all 
duties and revenues raised by them in accordance with the 
special powers conferred upon them by this Act, shall in 
each Province form one Consolidated Revenue Fund to be 
appropriated for the public service of tlie Province. 

IX. — Misci'.IjI.ankous Puovisions. 



General. 



M 



As to Legiala- ItiT. IfVny person being at the passing of this Act a 

fore of'pro-'" Member of tV Legislative Council of Canada, Nova Scotia, 

yuicoK becom- or NewBruns\Vick, to whom a place in the Senate is offered, 

does not within fcjiirty days thereafter, by writing under his 

^ . hand, addressed t6 the Governor General of the Province 

JL?~ ' of Canada, or to th&^^Lieutenant Governor of Nova Scotia 

or New Brunswick (a^the case may be), accept the same, 

he shall be deemed to hfive declined the same ; and any 

person who, being at the passing of this Act a member of 

the Legislative Council of Nova Scotia or New Brunswick, 

accepts a place in the Senate, ^jjhall thereby vacate his seat 

in such Legislative Council."'' \ 




f 



Oath of ltl§. Every member of the Senate or House of Coni- 

' mons of Canada shall before taking his seat therein, take 
and subscribe before th? Governor General or some person 
authorised by him, and every member of a Legislative 
Council or Legislative Assembly of any Province shall 
before taking his seat therein, take and subscribe before the 
Lieutenant Governor of the Province or some person 
authorized by him, the oath of allegiance contained in the 
fifth Schedule to this Act; and every member of tlie 
Senate of Canada and every member of the Legislative 
Council of Quebec shall also, before taking his seat therein, 
take and subscribe before the Governor General or some 
person authorized by him, the declaration of qualification 
contained in the same Schedule. 

Continuance 129. Except as otherwise provided by this Act, all laws 

law8,'courts, in force in Canada, Nova Scotia or New Brunswick at the 

officers, &o. Union, and all courts of civil and criminal jurisdiction, and 

all legal commissions, powers and authorities, and all 



AND SrPPLEMENTAUY ACTS. 



213 



enues over 
[ova Scotia, 
ower of ap- 
D respective 
eb, and all 
ce with the 
^ct, shall in 
Fund to be 
nee. 



officers, judicial, administrative and ministerial, existiuf* 
therein at the Union, shall continue in Ontario, Quebec, 
Nova Scotia, and New Brunswick respectively, as if the 
I'nion had not been made, subject nevertheless (except 
with respect to such as are enacted by or exist under Acts 
of the Parliament of Great Britain, or of the Parliament 
of the United Kinj^dom of Great Hritain and Ireland), to 
be repealed, abolished or altered by the Parliament of 
Canada, or by the Legislature of the respective Province, 
accordinf^ to the autliority of the Parliament or of that 
Lef^islature under this Act. 



if this Act a 
^ova Scotia, 
,te is offered, 
n{? under liis 
the Province 
Nova Scotia 
pt the same, 
ne ; and any 
a member of 
V Brunswick, 
Lcate his seat 



use of Com- 
therein, take 
some person 
Legislative 
ovince shall 
be before the 
some person 
ained in the 
nber of tlie 
Legislative 
seat therein, 
eral or some 
qualification 

Act, all laws 
swick at the 
sdiction, and 
lies, and all 



1:10. Until the Parliament of Canada otherwise pro- Trausfer of 
vides, all officers of the several Provinces having duties to ^^^^^^ *** 
(lischarjje in relation to matters other than tliose coming 
within the classes of subjects by this Act assi^'ned ex- 
clusively to the Legislatures of the Provinces shall be 
officers of Canada, and shall continue to discharge the 
duties of their respective offices under the same liabilities, 
responsibilities, and penalties as if the Union had not been 
made. 

ISIlt Until the Parliament of Canada otherwise pro- Appointment 
vides, the Governor General in Council may from time to "^^ ° *'®"' 
time appoint such officers as the Governor General in 
Council deems necessary or proper for the effectual execu- 
tion of this Act. 

Iit2. The Parliament and Government of Canada shall Treaty obliga- 
liave all powers necessary or proper fur performing the 
"'<h;4ation8 of Canada or of any Province thereof, as part 
of the British Empire, towards foreign countries, arising 
under treaties between the Empire and such foreign coun- 
tries.''-'^ 

l!J3. Either the English or the French language may be Use of Knglish 

, , ■ ii 1 1 i. f ^1 Tr c 1.1 and French 

usiil l)y any person m the debates of tlie ilouses or the l^^„J,^^j^„^.(, 

rarliament of Canada and of the Houses of the Legislature 

i>f Qiu'bec ; and both those languages shall be used in the 

respective records and journals of those houses ; and either 

of those languages may be used by any person or in any 

pleading or process in or issuing from any Court of Canada 

established under this Act, and in or from all or any of the 

Courts of Quebec. 



214 



THE CONFKDKnATION ACT 




Ai)i)ointinent 
iifoxecuti e 
oflicora for 
Ontario and 
(Quebec. 



Powers, 

duties, &e., of 

executive 

otlicers. 



«■ 



%' 



I 



Great Seals. 



Thti Acts of tlie Parliament of Canada and of the Lc;ji^ 
lature of Quebec shall be printed and publislied in hoth 
those lan{«uaf(es.' "' 

Oiitnrio and Qiielu'c. 

13*1. Until the het^islatiire of Ontario or of Quebec 
otherwise provides, the Lieutenant (iovernors of ()ntaru> 
and Quebec may each appoint under tlie Great Heal of tlit- 
Province the follovvin<{ officers,'"' to liold office durin^; pleii- 
sure, that is to say,— the Attorney (leneral, the Hecretary u;id 
Registrar of the Province, the Treasurer of the ProN-iucL-, 
the Commissioner of Crown Lands, and tlie Commis.-iioner 
of Af^riculture ami Public Works, and, in the case of Que- 
bec, the Solicitor General ; and may, l)y order of the Lu'M- 
lenant (xovernor in Council, from time to time prescril'i- 
the duties of those officers and of the several departments 
over which tiiey shall preside or to which thev shall belong, 
and of tiie ofticers and clerks thereof; and may also 
appoint otiier and additional officers to hold office during; 
pleasure, and may from time to time i)rescribe the duties 
of those officers, and of the several departments over wliich 
they sliall preside or to which they shall belong,', and of tlie 
officers and clerks thereof. 

I'lo'S. Until tlie Lej,'islaturc of Ontario or (^)uebec other- 
wiae provides, all rights, powers, duties, functions, re- 
sponsibilities or authorities at the passing of this Act vested 
in or imposed on the Attorney General, Solicitor General, 
Secretary and Rej^istrar of the Province oi Canada. 
Minister of Finance, Commissioner of Crown Lands. Coin- 
tnissionor of I'ublic Works, and Minister of Af^ricultiue 
ond Receiver General, by any law, statute or ordinaiico of 
Upper Canada, Lower Canada, or Canada, and not re- 
pugnant to this Act, shall be vested in or imposed on any 
ofificer to be appointed oy the Lieutenant Governor for the 
discharge of the same or any of them ; and the Com- 
missioner of Agriculture and Public Works shall perform 
the duties and functions of the office of Minister ot Agri- 
culture at the passing of this Act imposed by tlie law of the 
Province of Canada, as well as those of the Commissioner 
of Public Works. 

1216. Until altered by the Lieutenant Governor in 
Council, the Great Seals of Ontario and Quebec respectivelv 
shall be the same, or of the same design, as those used in 



AND SUPPLEMENTARY ACTS. 



215 



' tlie Iie^;U 
ed in both 



of Quebec 
of ()ntarif> 
Seal of tile 
Jiiriiij4 plea- 
ecretarvand 
lie ProNTiice. 
)niniis,-.ioner 
jase of Que- 
of tlie Lifii- 
iie prescnl'f 
lepartnients 
■ihiiU belons, 
1 nirtv aKi) 
ot'tice tlurin:^ 
le the duties 
3 over which 
;, and of tlie 

uebec otlier- 

inctio.is, re- 

s Act vested 

tor Cieiieral, 

of raiiada. 

jHllds. Coiii- 

Afiricultnre 

)rdiiiaiice of 

and not re- 

)osed on any 

■rnor for the 

1 the Coni- 

hall perform 

ster oi Afiri- 

le law of the 

onamisaioner 



tlie Provinces of Upper Canada and Lower Canada re- 
spectively before their Union as the Province of Canada. 

I!t7. The words " and from thence to the end of the CDiistiuction 
then next ensuinf^ Session of the Lei^islature," or words to l^gt^'"''"""''^^ 
tlie same effect, nsed in any temptn-ary Act of the Province 
of Canada not expired before the Union, shall be construed 
to extend and apply to the next Session of Parliament of 
Canada, if the subject matter of the Act is within the 
jKiwers of the same, as defined by this Act, or to the next 
Sessions of tlie LeLjislatares of Ontario and Quebec re- 
-pectively, if the subject matter of the Act is within th? 
jiowers of the same as defined by this Act. 

1:{M. From and after the Union, the use of the words .Vs to errors iu 
" Upper Canada '" instead of "Ontario," or " Lower Can- ""'*"®^" 
;ida ■" instead of "Quebec," in any deed, writ, process, 
pliiidiiiL,'. document, matter or tliin^', shall not invalidate 
rill' same. 

l;8i>. Aiiv i'rochimatiou under the Great Seal of the As to issue of 
Province of Canada issued before the Union to take effect ijgfpre'uniou* 

at a time which is subseouent to the Union, whether re- *^ *'"'""'.^"*'® 

after Uniou. 
latin^ to that Province, or to Upper Canada, or to Lower 

Canada, and the several matters and thin;,'s t!ier(>in pro- 
claimed sliall be and continue of like force and el'fect as if 
the Union had not been made. 

IIO* Any Proclamation which is autliorized by any Act As to issue of 
of the Lefiislature of the Province of Canada to be issued ane^r'u?i?olf" 
under the Great Seal of the Province of Canada, whether 
relating to that Province, or to Upper Canada, or to Lower 
Canada, and which is not issued before the Union, may be 
issued by the Lieutenant Governor of Ontario or of Que- 
bec, as its subject inalter re<juires, under the Great Seal 
thereof ; and from and after the issue of such Proclama- 
tion tlie same and the several matters and things therein 
proclaimed shall be and continue of the like force and 
effect in Ontario or Quebec as if the Union had not been 
made. 



Governor in 
! respectively 
hose used in 



I'll. The Penitentiary of the Province of Canada shall. Penitentiary, 
until the Parliament of Canada otherwise provides, be and 
continue the Penitentiary of Ontario and of Quebec. 



216 



THE CONFKDKRATION ACT 



Arbitration 
reHiKfCtiiiK 
debts, &a. 



l'ltt> 'I'lu' (liviHion and iKljustnu'ut of tlx' dehts, crodits. 
iiabiliticH, propi-rtieH, and asHetH of Upper Csuiada aiiii 
Lower (Canada Hliall be referred to tlie arbitrumciit of tlirco 
arbitrators, one flioseii l)y tlie flovfTnirieiit of Ontario, oni' 
by tlie (liivorninent of Quebec, and one by the (lovcrnnieiit 
f)f Canada ; and tlie selection of tbe arbitrators wliall not 
be made until tbe Parliament of C'anada and tbe Lt'i>is 
lattires of Ontario and Quebec bave met ; and the arbitrator 
cbosen by tbe (lovernment of Canada sbail not be ;\ 
resident either in Ontario or in Quebec. "^ 



DiviHion of 
records. 



I'lilt The fiovei'iior (Jeneral in (Council may from timo 
to time order that such and so many of tlie recoids, book.-i. 
and doonments of the F'rovince of Canada as be thinks fit 
sball be appropriated and delivered either to Ontario or to 
Quebec, and the same shall henceforth be tbe property of 
tbat Province ; and any copy thereof or extract therefrom, 
duly certified by the officer liavin>{ charj^e of the original 
thereof shall be admitted as evidence. 



GouHtitutioii 
of townships 
in Quebec. 



144. The Lieutenant Governor of Quebec may from 
time to time, by Proclamation under the Great Heal of the 
Province, to takejeffect from a day to be appointed therein, 
constitute townships in those parts of the Province «f 
Quebec in which townships are not then already con- 
stituted, and fix the metes and bounds thereof. 



X. — iNTKnCOI.ONIAL K.VILWAY. 



V ' \- 



Duty of Gov- 14»'5. Xiasmuch as the Provinces of Canada, Nova 

erunient and c, .■ j . xt t. ■ i i • • i • i i i.- 

Parliament of Scotia, and New lirunswick have joined in a declaration 

Hi'i.T!^"' M^ tli'i't the construction of the Intei-colonial Itailwav i^ 

make railway 

herein essential to the consolidation of the Union of British North 

America, and to the assent thereto of Nova Scotia and New 
^K ^ Brunswick, and haw consefpiently aj^reed that provision 
\ t ■■■' should be made for its immediate construction by tbe Gov- 

^r*" ernment of Canada: Tlt«refore, in order to give effect to 

that agreement, it shall be fclie duty of the Government and 
• Parliament of Canada to provide for the commencement 
within six months after the Union, of a railway connecting 
the River St. Lawrence with th& City of Halifax in Nova 
Scotia, and for the construction Vjthereof without inter- 
mission, and the completion thereoK^^with all practicable 
speed. 



M 



AND SUPPLEMENTARY ACTS. 



217 



bts, croflitiH. 
'iinadii iiuii 
.'lit of tluTc 
(titario, dill' 
iovcrnmcnt 
rH sliiill not. 
tlic l,('t>is. 
e arbitrator 
1 not be a 



V from tiino 
)fils, book.-i. 
ic thinks fu 
ntario or to 
jiropcity of 
, therefrom. 
;hc ori^iiiial 



may from 
Seal of the 
ted therein, 
'rovince »f 
ready coii- 



ada, Nova 
decdaratioii 
lull way ifi 
itish North 
a and New 
pro%'iaion 
)y the Gov- 
^e effect to 
nment and 
nencement 
connecting 
ax in Nova 
lout inter - 
n•acticabIt'■ 



XI. AoMIHHION OF OrilKU ( 'iH.OMKS. 

I Ml. It shall be lawful for the Queen, by and with the power to 
,dvice of Her Majesty's :\lost Honourable Privy roimcil, ';"''"'[, ^i"!*,, . 
on Addresses from the Houhcs of Parliament of Canada into the Union, 
ami from the Houses of the respective IjOi^islatnres of the; 
Colfniies or Provinces of Newfoundlaiul, Prince Hdward 
island, and Hritish Columbia, to admit those ('oloiiies or 
Provinces,''''* or any of them, into the Union, and on Address 
fioiii tlw Houses of tlic Parliament of Canada to admit 
Rupert's Land and the North-western Territory,'' ■' or either 
of them, into ihe Union, on audi terms and conditions in 
each case as are in the .Xcldresses expressed and as the 
(,)iieen thinks fit to approve, subject to the provisions of 
tili^■. Act; and the provisions of any Order in Council in 
that behalf shall have effect as if they had been enacted by 
the Parliament of the United Kin},'dom of (Jreat Britain 
and Ireland 

1-17. Ill case of the admission of Newfoundland and As to lepre- 
Prince Edward Island, or eitlier of them, each sliall be ^-^"yf/,|°",5'i[iKi 

entitled to a representation in the Senate of Canada of four 'i"fl I'tuicH Kd- 

1 . , ,. , . . , . , . ward Island 

members, and (notwithstandinf^ anything in this Act) in in Senate. 

case of the admission of Newfoundland the normal number 
of Senators shall be seventy-six and their maximum num- 
ber shall be eighty-two ; but Prince Edward Island when 
admitted shall be deemed to be comprised in the third of 
the three divisions into which Canada is, in relation to the 
constitution of the Senate, divided by this Act. and accord- 
ingly, after the admission of Prince Edward Island, whether 
Newfoundland is admitted or not, the representation of 
Nova Scotia and New Brunswick in the Senate shall, as 
\av ucies occur, be reduced from twelve to ten members re- 
spectively, and the representation of each of those Pro- 
vinces shall not be increased at any time beyond ten. except 
tinder the provisions of this Act for the appointment of 
three or six additional Senators under the direction of the 
Queen.''" 



rr^fHi^^^mrmrmm 



mam 



mm 



218 



TIIK CONFEDEUATION ACT 



SCHEDULES. 

T;,e FIKST SCHEDlLi:. 

I'h-rtonil 7^/^7/•/(•^^• (if Onldlio. 

A 

Existing EI,^;c"^)UAI, Division.-s. 

CdlNTIKS. 



1. I'rcsoott. 

'2. (Jleiigary. 

1^. Stoniumt. 

4. Ouiuliis. 

:.. HnsscU. 



(i. Carlftdii. 

7. Prince Kduaid. 

S. lliilton. 

!l. Essex. 



KlIUNtiS OK Coi NTIKs. 



$^ 



11. 

r_'. 
i;!. 
II. 
i.\ 
1(1. 

17. 
IH. 
1!t. 

L'l, 
• )o 

'SI 
24. 
l.'."'. 
•Jti. 
'»7 



Ni)itli Hiding of Lanark. 

South Hi(lin),'<>f Liinark. 

North Hidintr of Leeds mid Xortii l>idin;;nf ( iieiivill". 

South liiding of lieeds. 

South Hiding of (iienville. 

Ivist Hiding of Xortiiuinhei'land. 

West JJiding of Northiinilierlaud (exeiptiuM- thenfinni the Town 

ship of Soutli Moniighani. 
East liiditig of Durham. 
West Hiding of Oiirhani. 
Xortii Hiding of Ontario. 
Soutii ividing of ( tiitiirio. 
Ivist 1-kidiiig of York. 
West Hidiii-of N'c rk. 
Nortii Hiding of ^'o^k. 
North Hiding of Wentwoitii. 
South Hiding of Weiitwurth. 
East Hi(Hng of Elgin. 
West Kidiiig of Elgin. 



:«; 



AND Sl'PPLEMKNTAUY ACTS. 



219 



•JS. Xdi-tli Kidiiifrof WaUTl(M,. 
-;t. Soutli l{i(Iiiigof Wiitcrli),,. 
;> ». North Kidiiijrof liniiit. 
;51. So'itli Hiding nf Hniiit. 
:ii'. Xortli Uidiiigof Oxford. 
:<:i Soiitli liidinj,'of Oxfnrd. 
-J. East Riding of Middlesex. 

ClTIKS, I'AKTS OF CiriK.-. .\Nli TdUNs. 

o'l. West Toronto. 

;{(i. Kast Toronto. 

•'>7. Hamilton. 

• >S. Ottawa. 

;>It. Kingston. 

I<). London. 

41. Town of l$rock\ill.., witii tlie 'I'ownsliip ,,f Kli/ahetlitown tiiercto 

attaclied, 

42. Town of Niagara, with the Township <if Xiayaia thereto attached 
4:5. Town .if Cornwall, with the Township of Cornwall thereto a.ttaeheil. 



B 



1 the Town 



th. 



th. 



Nkw Ei.kctohai, Divisions. 

44. The Provisional . I iidicial District of Ai.co.m.x. 

:'lif Connty of IJiuck, divided into two Ridings, to he caUed respectively 
North and .South Hidings: 

4.'>. The Xortli l{iding of Urnoe to consist of the T<iwnships of Hury, 

Lindwiy, Kastnor, Alhenuirl.s .Vnialije, .\rran, I'.riice, Klderslie, and 

Siingeen, and the Village of Southampton. 
4t>. The South Hiding of i'.ruce to consist of tiie 'i'own.liips of Kin 

cardine (including the Village (.f Kincardine), (Jreenock, Hrant, 

Huron, Kinlo.ss. Culross, and ( 'arrick. 

■'he County of HfKo.v, divide.l into two l{idings, to he called respectively 
Nortii and South Hidings : 

47. The North Hiding to consist of the Townships of .Ashtield, Wawa- 
nosh, Turnberry, Howick, Morris, (Jrey, (.'olborne, ilullett, including 
the Village of Clinton and McKiUop. 

48. The South Riding to couHist of the Town of (ioderieh and th.' Town 
ship (if (icKlerioh, Tuukersmith, Stanley, Hay, rsbonie, and Stephen. 



€ 




220 



THE CONFKDKRATION ACT 



The County of MiuiiI.Kskx, divided into three Hidiiifi;s, to be called r«- 
si«'Ctively the North, West, and I'last Hidings : - 

4!>. The Nortli l{idin}ir to consist of the 'l'o\vnslii))s of Moiiillivray and 
IJiddnlph (taken from the T-oiinty of Huron), and Williams Ka.st. 
Williams West, Adelaide, an<l Loho. 

;')<*. The West Hiding' to ijonsist of the Townsiiijis of Deleware, ('arradoe. 
Metcalfe, Mosa, and Kkfrid, and the Village of Strathroy. 
(Tile Kast Hiding to consist of the Townships now embraced therein, 
and he liounded as it is at present.] 

51. Tlie County of LambtoN' to consist of tlie 'I'ownships of l'.osan(|Uet. 
Warwick, I'lyinpton, Sarnia, Moore, Knniskillen, and Hrooke, un<i 
the Town u{ Sarnia. 

'I'l. The County of Kknt to consist of the 'I'ownships of Chatham, Dover. 
I'jast 'I'ill)ur>', Honmey, Haleigh, and Harwicii, and tlu^ Town of 
('hathani. 

h'A. The ("(unty of HoTHWi<;r,t, to consist of the 'I'ouiiships of Somhra, 

Dawn, and Kui)liemia (taken from the County of T/anditon), and the 

'I'ownships of Zone', Camden with tiie (iori' thereof. Orford and 

Ifoward (taken from the County of Kent). 

The (jounty of (Jkky divided into two Hidings to i)e called respectively the 

South and \orth Hidings : — 

.■)4. The South Hiding to consist of the Ti)wnshii)s of Mentinck. (Tlenelg, 
.\rteinesia, Osprey, Normanby, lOgremont, l*rot(>n, and Melanothon. 

o;"). Tiu' Nortii Hiding to consist of tht^ Townships of (Jollingwood. 
Kuphrasia, Holland, Saint Vincent, Sydenham, Sullivan, Derby, and 
Kepiiel, Sarawak and IJrooke, and the Town of Owen Sound. 

The County of HiCKTii divided into two Hidings, to lie called respectively 
the South and Nortii l\idiiigs: 

."ili. The North Hilling to consist of the Townships of Wallace, Klnia. 
Logan, Kllice, Moruiiigton, and Nortii Kasthope, and the Town of 
Stratford. 

.')". Tlie South iiiding to consist of tlie Townships of lUanchard. Downie. 
South I'lasthojie, Kullarton, llilihert, and the N'illages of Mitchell 
and St. Mary's. 

The Count}' of Wkm.imiton, divided into three Hidings, tcr Im- called re- 
spectively North, South and Centre Hiclings : 

.'•S. The Nortii Hiding to consist of the Townships of .\maranth, Arthur. 
Luther, Minto, Maryborough, Peel, and the Village of .Mount 
Forest. 

"i!l. The Centre Hiding to consist of the Townships of (iarafraxa, Krin, 
Kraniosii, Nichol and I'ilkington. and the Villages of Fergus »m\ 
Filora. 

00. The South Hiding to consist of the Town of Cuelph, and the Town- 
nhips uf (lUulph iind I'uslinch. 



ANO SUPPLEMKNTARY ACTS. 



'221 



L'tiVt'lv 



I.mI r. 



Ttiwn- 



Tlic Cdunty of Noiikoi.k, divided iiitu two Kidin^'s, tn !)<■ rallrd i-t-i)M'ftiv('l>- 
llic Sotitli and Nortli Hidings : - 

1)1. Tilt' South Hiding to omsist of tiic 'I'liwnsiiip-i of Cliiirlottcvillf- 
Houghton, W.'ilsingliani, and Woodhoiisi', and witli tiic (Jorc thereof. 

02. The North Riding to consist of the Townshiiis of Middletoii, 'I'own. 
send, and Windiiain. and the Town of .Sinicoe. 

tJ3. 'i'he County of IIai.dimand to eonsist of tlie To\vnshi|is of < >neida. 
Seneca, C'ayuga Xortli. Cayuga Soiitii, IJainiiani, Waliioh-, and lluun. 

t»4. The Comity of Monck to consist of tlie To\viishi)is of Canitioro\igh 
and ^[oulton and Sli('rl)rooke, anil tiie Village of i)unu\ ille (taken 
from the County of HaldiiuandK tlie Townships of ('.li.^tor and 
(lainshorough (taken from ttie County of LiTieolu). and thcTownsJiips 
of Pelham and Wainfleet (taken fvoni the Ccunity of W'elland). 

•>:"). 'I'he County of Lincoln to consist of tiie Townships of Clinton. 
(irantliaui, (Jrinishy, aTid Louth, and the 'I'ouu of St. Catharines, 

♦it). 'I'he C\)unty c)f Wki.I.AM) to i:onsist of the Townships of l>ertie, Crow - 
land, Humherstone, Stamford. Thorold, and W'illoughhy, and the 
Villages of Chii)pewa, Clifton, Fort Krie, 'i'horold, and W'elland. 

t)7. Tlu! County of Pkki. to consist of tlie Townships of Chinguaeousy, 
Toronto, and the (Jore of Toronto, and tlu' N'illages of I'rampton and 
Streetsville. 

(W. The County of Cahdwki.i, to consist of the 'l'(iwnshi|)s of Alliiou and 
Caledon (taken from the County of I'eell, and the Townships of 
Adjala and .Mono (taken from the County of Simcoe). 

'I'iio C'ounty of SiM<'()K, divided into two Hidings, to l>e called respietively 
the South and the North Hidings ; 

Vt'X The South Riding to consist of the Townships of West ( iwillimhury, 
'l\'i!umseth, Innisfil, Essa, 'I'ossorontio. .Mulmur, and the \illage of 
Bradford. 

70. The North Riding to consist of the Tow nships of Nottawasaga, Suii- 
nidale, V'es])ra, Flos, Oro, Me(h)nte, Orillia, ami Matchedash, Tiny 
and 'I'ay, Halaklava and Rohinson, and thi' Towns of Rai'rie and 
Collingwood. 

Tile County of Victokia, divided into two lvi<iings, tu Ue called respecli\ely 
th«! South and North Riding.s : 

71. The South Riding to consist of the 'I'ownships of Ops, Mariposa, 
Kniily, Veruhun, and the Town of Lindsay. 

72. The North Riding to consist of tiie Townships of .Vnsoii, Hexley, 
('arden, Dalton, Dighy, Eldon, J-'enelon, llindon, Laxton. Lutter- 
worth, Macanlay ami Draper, Somerville and Morri.son, Muskoka, 
Monck and Watt (taken fnjin the County of Simeon), and any other 
»urvey«^(l Townships lying to the north of the .said North Ri<ling. 



^Bsrmm^^wmmi 



222 



THE CONFEDEUATION ACT 



Tlic ('(Hinty (if rKTKKiioKoiiiH, (livitU'd into two Hiding's, to he callfd re- 
spi'L-tivt'ly the West jind Kast Kidiiiys : 

7;<. The Wiist Ridinjif to consist of tiie Townships of Sontli Monagiian 
(talven from the Connty of Northuniherland), Nortli Monagrhan, 
Suiitli, and Ennisniore, and tiie Town of J'eterhoro\igh. 

74. The Kast Riding to consist of the Townsiiips of Aspiiodel, l>ehnont 
and Methiieji, Douro, Dunnner, (ialway, Harvey, Min(h'n, Stanho|(e 
and Dysart, (Jtonabee and Snowden, and the N'iUageof Ashhundiani, 
and any otlier surveyed Townsiiips lying to tiie nortli of the said Kast 
Riding. 

The f'onnty of Hastings, divided into threi' Ridings, to lie called re- 
spectively the West, Kast, and North lUdings : 

7-">. The West Riding to consist of the Town of Belleville, the Township 
of Sydney, and the Village of Trenton. 

7<». The East Riding t<i consist of the Townships of Thurlow, Tyendi- 
naga, and linngerford. 

77. 'I'lie Nortli Killing to consist of the Townshijis of Hawdoii, Hunting- 
don, Madoc, lOl/.evir, Tudur, .Marmora, and Lake, and thi' \' ill age of 
■Stirling, and an,' other surveyed Townships lying to the north of the 
said North Hiding. 

75. The County of Lkv.vox to I'onsist <if the Townsl-.ips of Richmond, 
.Vdolphustown, North Krederickslmrgli, Sdutli Fredericksliurgli, 
Ernest 'I'own, and .\mherst Island, antl the A'illage of Napanee. 

7!'. The County of Ai)i)i.\(iT().\ to consist of the Townships of (Jamdeii, 
Portland, Sheffield, Ifinchinhrooke, Kaladar, Kenneliec, Olden, Osu, 
Anglesea, Harrie, Clarendon, Halmerston, Kftingham, .\liinger, 
Miller, Canonto, Denhigh, Loiighborougii, and Bedford. 

50. The Coujity of Fkontknac to consist of the Townships of Kingston, 
Wolfe Island, I'ittshurgh and Howe Island, and Storrington. 

The Coiuity of Hk.nkhkw, divided into two Hidings, to Im called resjiectively 
the South and North Ridings : 

51. The South Ri<ling to consist of the Townships of McNah, Bagot, 
Blithfield, Brougham, Merton, .-Vdmaston, (Jrattan, Matawatchan, 
(Jritfith, Lvndoch, Haglan, Hadelitfe, Brudenell, Sebastojiol, and the 
Villages of .-Vrnjirior and Renfrew. 

ffl'. The Nortli Hiding to consist of the Townships of Ross, Bromley. West- 
meath, Stafford, IVmhroke, Willierforce, .Vlice, Betewawa, Buchanan, 
South .\lg<ina, North Algona, Eraser, McKay, Wylie, Rolph, Head, 
Maria, Clara, Hagarty, Sherwood, Burns, atid Ricliards, and any 
surveyed Townships lying north-westerly of the Haid North Riding. 

Kvery Town and incorintrated Village »>xisting at the Union, not siM'cially 
mentioned in this Sciiedule, is to be taken as part of the County or Riding 
within which it is locally Mituate. 



AND SUPPLEMENTARY ACTS. 



228 



Til.' SECOND SCHKDILK. 

Kh'cti'rdl nixtrictx of Qiii'hc,- sjxciulh/ ji.vfd. 

ColNTlKS OK 



I'oiitiac. 
( )ttawa. 
ArtrcTitciiil. 
Hinitiii<rtii)i. 



Missis(|U()i. 

liroiiic. 

Sh.'fffinl. 

Staiwtfad. I 

'J'dwii of Slii'rl)ri)nki'. 



f'oiiiptoii. 

Wolfe and HioliiiioiKJ. 

.Mt'Kniitic. 



Th.- THIHI) .SCllK{)rLK. 

Pnuiiicidl Piilil/r Works mill Vnijin-tii to ii' tin- Proiirrtij m' Caninh: . 

1. (.'anals, with liainl and Water I 'nwii- conn.. cted tln'n\\ itii. 

-. I'nhlic Ffai'ltouis. 

;i Lij^htlioustvs ami I'i.Ts, and Salile Island. 

4. St.'anilxiats, J)r.'dj,'es, and jmlilic N'.ss.'ls. 

o. Rivers and Lake Iniprovcni.'nts. 

(i. Hallways and Railway Stocks, .Mi,rtj,'-aps, and otli.r |)il)tsdue liy Rail- 
way C.mipani.s. 

7. Military Roads. 

H. Custom Houses, I'ost Ottic.'s, and all otIi.M' I'ulilic l^uildings. excjit su.^Ii 
as the (rovcriiinent of Cana.la appropriate for the use of th.' I'ro- 
\ iiifial Li^islatnr.'s an.l < Io\.riniii'nts. 

It. rr.)perty transferred Ivy th.' Iiniierial ( Jox .•rnin.'nt and known as( »rdnance 
Pr.vlierty. 

l(t. Armouries, Drill Sh.'ds, .Mditary Clothinir, and Munitions of War, and 
Fjands s.-t ajuirt for ^'in. ral pnhlie purposes. 



Th." Fonrni sciiKDrLi;. 

AsKi'ts to hi' the I'ropi'iti/ of (liitarm itml (^iiiinr loiijointli/. 

T'l)per Canada Hnildin^' Fund, 
fiiinatiu .Vsyhnas. 
Normal Sciiool. 



■-'•M*"''- 



224 



THE CON'FKDKUATION ACT 



'- Lowt'i- Cuiuidii. 



Court IFoUMes, \ 

ill 
AyliiKT. 
Moiitrciil. 
Kaiiiduraskii. 
Law Society, Up[i('r Canada. 
Montrciil Tiirn])ik() Tru.st. 
Inivt'isity iN'rnianciit Fiiiid. 
Koyal Institution. 

Consolidated Munici|)Hl Loan Fund, Ui>|)erCauaila. 
Consolidated Municipal Loan Fund, Lower Canada. 
^Agricultural Society, Upper Canada. 
Lower Canada Legislative (Jrant. 
(.^uel)ec Fire Loan. 
Tainiscouata Advance Account. 
(Quebec Turnpike Trunt. 
Kducation — Fast. 

Building and Jury Fund, Lower Canada. 
Municipalities Fund. 
Lower Canada Superior Education Income Fund. 



The FIFTH SCHFDULE. 

Oath ok Ai.i.KiiANcK. 

I, A./i. do sw'ar. That I will be faithful and bear true Allegiance to Her 

Majesty Queen Victoria. 

Xiite. — The liiiiiic of the Kin'j or (Juren a/ the U nited Kitujdmi of Great liritain, 
and Ireland for the time beini/ in to lif sulistUulcd from time to time, with proper 
ternui o/' refcrtnee thereto. 



Dkci.ahatidN' ok (Jtalikication. 

I, A.B. do declare and testify, That I am by law duly qualified to be ap- 
pointed a member of the Senate of Canada [</?• a.s the ease mtii//ie], aiul that I am 
legally or equitably seised as of freehold for niy own u.se and benefit of lands or 
teneiiii'iits held in free and coiiiiiion socage |m/' seised or possessed for my own 
use and benefit of lands or teiiaiiients held in fraiic-alleu or in rotui'e (as the 
case mail he),] in the Province of Nova Scotia [or as the case man '"'] "f the 
vahie of four thousand dollars over and abovi^ all rents, dues, debts, mortgagi'U, 
charges, and iiuninibrances due or payable t)Ut of or cliarged on or affecting tho 
.same, and that 1 iiave not collusively or colourably obtained a title to or 
iHiCome jKissessed of the said lands and teiittments or any part thereof for the 
purjjose of enabling me to become a member of the Senate of Canada [or as th< 
case tn in he], and tiiat my real and personal pi'operty are together worth four 
thousand dtjllars over and above my debts and liabilities. 



AND SUPPLK.MKNTARY ACTS. 



225 



Confederation Act Amendment Act, 1871. 

An Art'" n-si„rtiii;i the F.stablishmnit of rnximr.s in t/w Ihmimon 

(>f Cdiuiilti. 

['2dTU JUNS, 1871. 



WiiKiiKAsT;) doubts have been entertained respecting the 
powers of the Parliament of Canada to establish Provinces 
m territories admitted, or wliicli may hereafter be admitted, 
into the Dominion of Canada, and to provide for tlie repre- 
sentation of snch Provinces in the said ParHament, and it 
IS expedient to remove such doubts, and to vest such powers 
in the said Parliament : 

Beit enacted by tlie Queen's Most Excellent Majesty, by 
and with the advice and consent of the Lords, Hpiritual 
and Temporal, and Commons in this present Parliament 
asPombled, and by the authority of the same, as follows :— 

1. This Act may be cited for all purposes as The British Short title. 1 
.\i)rth Aiiwrica Act, 1871. \ 

3. Tlie Parliament of Canada may from time to time Parliament of 
establish new Provinces in any territories forming for the t^Tal.lish '.'.Vw 
time bein-,' i)art of the Dominion of Canada, but not in- I'^^viiues .unl 
eluded ill any Province thereof, and may, at the time of Shul^o.,;" 
such establishment, make provision for the constitution ®'''-' ""'^■'="' 
and administration of any such l^rovincr. and for the 
irissiiiH of laws for the peace, order and ^uod government of 
such Province, and for its representation in the said Parlia- 
ment. 

:t. The Parliament of Canada may from time to time, Altoratinn m 
with the consent of the Legislature of any Province" ' of tho lil.'/Jin';! 

.'iT-v... IIUV Hi Leo. 

feaid Dominion, increase, diminish, or otherwise alter the 
limits of such Province, upon such terms and conditions as 
may be agreed to by the said Legislature, and may, with 




'22») 



THK coni'ki)?:hation act 



V 



the like consent, make provision icspectin<,' the effect and 
oi)eration of any suoli increase or diminution or alteration 
of territory in relation to any Province affected thereby. 



4. The Parliame>it of Canada nuiy from time to time 

make provision for the administration, peace, order, and 

any t(^rritoiv ifood government of any territory""' not for the time bein" 
not uu-lii(U'il . ■ •' '^ 

ill a I'roviiiff. included m anv I'rovince. 



I'arliaiiiciit of 
Canada may 
loyislati' for 



('oiiflniiatioii 
of Acts of 
I'arliaiiiciit 
of Caiia<la. 

:i2-:w V. o. :i. 



;.) V. e. :!. 



I.iniitatioii of 

powers of 

I'arliaiiiciit 

of ('aiiada 

to Iet,'islate for 

an I'stablislu'd 

rroviiR'i'. 



a, I'he followinti Acts passed by the said Parliament of 
('anada, and intituled respectively : 

" An Act for the temporary j,'overnment of Rupert's 
Land and tlie North-Western Territory when 
united with Canada;" and 

" An Act to amend and continue the Act thirty-two 
and tliirty-lliree \ictoria, ciiapter three, aiul to 
establisli and proxide for the f^overnment of the 
I'rovince of ^lanitoha," 

sliall be and l)o deemed to liave been valid and effectual foi" 
all purposes whatsoever from the unto at which they re- 
spectively received the assent, in the (,)ueeii's name, of the 
(rosernor General of the said Dominion of Canada. 

rt. Except as provided by the tiiird section of this Act. it 
shall not be competent for the Parliament of Canada to 
alter the jn'ovisions of the last ini'ntioned Act of tlie sai<l 
Parliament in so far as it relates to tlie Province of ^laiii- 
toba. or of aiu- other Act hereafter establishint; new Pro- 
vinces in the said Dominion, subject always to the rij^iit of 
the Lcf^islature of the Province of Manitoba to alter from 
time to time the provisions of any law respectiii<^' the 
<|ualili(!ation of elect n-s and members of the Legislative 
.\ssembiy, and to make laws respectiii<j elections in tiie saul 
Province. 



AND 8UPPLEMKNTARY ACTS. 



227 



Confederation Act Amendment Act, 1875. 






In Art'Uo mnnre rerbiin <h,uhts nith rrsprrt tn th,- pmrrrs nf' ti,.' 
r,n-liui,„'i,f nf ('nn„<l„, uwhr S,rtin„ Js ,,/' t/w Ilritish 
.\nrtli AiDrrifii Act, l<Sij7, 

[1!>TH Ji:r,Y, 187.'). 



Whkiskas by section IH of The UritM, Sorth America Aet, 
1S67, it is provided as follows --" Tlie privileges, im- 
munities, and powers to be held, enjoyed, and exercised by 
the Senate and by the House of Commons, and by the 
members thereof respectively, sliall be such as are from 
time to time defined by Act of tl-e Parliament of Canada. 
biit Ko that the same shall never exceed those at the passing 
of tliis Act held, enjoyed, and exercised by the Commons 
House of Parliament of the United Kingdom of Great 
Britain and Ireland, and by the members thereof." 

And whereas doubts" have arisen with rei,'ard to tiie 
power of defining by an Act of the Parliament ot^Canada. in 
pursuance of the said section, the said privileges, powers or 
immunities ; and it is expedient to remo%e such doubts : 

Be it therefore enacted by the Queen's iMost Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authoritv of the same, as 
follows :— 

1. Section 18 of The Uriti.h No,th Amerira Aet, i.%7, is Substitution 
iieretjy repealed, without prejudice to anvthin^' done under f '""" *'«^'^''0" 
that section, and th. following section shall be substituted of'w^ud "/'v, 
for the section so repealed :— '-■■ '^' 

The privileges, immunities, and powers to be held en 
joyed and exercised by the Senate and by the House of 
C onimona, and by the members thereof respectively, shall 
be such as are from time to time defined by Act of the 
H.O.C ^5 



22b 



THE CONFEDERATION ACT 



Confirmation 

of Act of 
Parliament 
of Caimrtii. 



Short title. 



Parliament of Canada, but bo that any Act of the Parlia 
ment of Canada defining such privilefjes, immunities and 
powers shall not confer any privileges, immunities, or 
powers exceedinf^ those at the passing of such Act held, 
enjoyed, and exercised by the Commons House of ParHa- 
ment of the United Kingdom of Great Britain and Ireland, 
and by the members thereof. 

3. The Acf^** of the Parliament of Canada passed in the 
thirty-first year of the reign of her present Majesty, chapter 
twenty-four, intituled An Act to provide for oaths to witnesae.^ 
hehuj administered in certain caga for the jmrposcs of cither 
Home oj Parliament, shall be deemed to be valid, and to 
have been valid as from the date at which the royal assent 
was given thereto by the Governor General of the Dominion 
of Canada. 

3> This Act may be cited aa The Parliament of Canada 
Act, 187n. 



I 



3f the Parliu 
inunities and 
munities, or 
ich Act held, 
ise of Parha- 
1 and Ireland, 

passed in the 
jesty, chapter 
lis to if(7)(t'.<s('.N 
pones of eitJier 
v'alid, and to 
! royal assent 
he Dominion 

nt of Cunadu 



AND SrppLEMENTATlY ACTS. 



229 



Confederation Act Amendment Act, 1886. 

An Art'' frspectim, the Bcprc^ent„ti,m in the Parlimnrvt nf (%nuu1a 
of Territories which for thr time hrin;/ form part ,<i the 
Dominion of Canada, hut are nut inclmh'din an;/ I'n.rinee. 

[2oT}r Junk, 1880. 

Whereas it is expedient to empower the Parliament of / 
f'anada to provide for the representation in the Senate and / 
House of Commons of Canada, or either of them, of any 
territory which for the time beinj,' forms part of tlie Do- 
minion of Canada, but is not included in any Province : 

Be it therefore enacted by the Queens Most Excellent 
Majesty, by and with tlie advice and consent of the Lords 
Spiritual and Temporal, and Commons, in the present 
Parliament assembleci, and by tlie authority of the same, as 
follows: — 

1. The Parliament of Canada may from time to time Provision l,y 
make provision for the representation in the Senate and ^''"''"""•'"^ °^' 
House of Commons of Canada, or in either of them, of any ri'l'-n ''"n't'uion 
territories which for the time beinf,' form part of the Do- """''■'^"'"''''''• 
minion of Canada, but are not included in any Province 
tliereof. 

3. Any Act passed by the Parliament of Canada before Ktrcv nf Vcts 
tlui passing,' of this Act for the purpose mentioned in this °f f"''"'"'''"" 
Act shall, if not disallowed by the Queen, be, and shall be "'"""' 
deemed to have been, valid and effectual from the date at 
which it received the assent, in Her Majesty's name, of tiie 
(iovernor-General of Canada. 

It is hereby declared that any Act passed bv the Parlia- 
ment of Canada, whether before«o or after the passinj,' of this 
Act, for the purpose mentioned in this Act, or in The Brithh s, and r. v ' 
><orth America Act, J67i, has effect, notwithstanding any- «• 2«' 
thmg m The British North America Act, 1.SG7, and thrnum- ^'Oandai V. 



I , - ^ ^. , ..v.ni unc III! Ill- 

OCT" of Senators or the number of Members of the House of 



C. 3. 




230 



THE CONFEDKRATION ACT 






Commons specified in the laat-mentioiied Act is increaseil 
by tile number of ReniitorH or of Meml)ers, as tlie case niav 
be, provided by any sucli Act of tlie Parliament of Canada 
for the representation of any provinces or territories of 
Canada. 

JJnatruclk.n"'^ *• '^''*^ ^°* •"*>■ ^^ ^'^^^ »« ''''" ^''•'"''*'' •^"'•"' •''"'■'•"" 
Act, 1S80. 



30 and M V. 
C ;i; 

34 and 35 V. 
c. 2H. 



This Act, and The Ilritish North America Act, 18C)7, and 
The Itritixh North America Act, 1871, shall be construed to 
■aether, and may be cited tof^ether as The Uritixli North 
America Act^, IHH? to lHH(i. 




AND Bt'PPLEMENTARY ACTS. 



231 



is increased 
le case nniv 
b of ('aiiiiilii 
srritories of 

)rtli Atiu'riiit 

it, 18(17. and 
onstrued tn 
'rili.-tli Sortli 



NUTKS TO THK CONFKDEHATION ACT. 

I This Act is ri'printrd ficmi t)u> collection of " Piiblic flcricral Htiitiitfs" i-siied 
\\m\ tlio '• IjRW I{« jiort-i, " N'ol. II, Luiuloii, ]s<;7. 'I'lio text has liccii carcliiUy 
(•niniiiired with tliiit. foiuHi in the colleciion of " I'uhlic Ooiicral Acts " i>siit'il 
hy tho yueen's Printors, London, IsdT, and also witli that found in the "Stiirntcs 
lit Liil';jo," Ijoiidon, IsCm, Tlio only (lilTcicncc innotitrst iheso various tMlilinii i< in 
tilt' marginal notes, and as the livst two nj^'rce. they Inive heen here fnlhiweil. The 
Act is :iii \ict. cap. .( in the •■ l,n\v Hepuvts. ' and also in the " I'nlilic (tcneral 
StHtutes": it is :«) A .'tl \'ict. cap :t in the ■ Statutes at Jiart,'o". In the ollicinl ii-- 
I'lints of toe Act. prefixed or ajipcniled to the Kevised Statutes of Ontario, Qiiil>ic 
Nova Scotia. New Urunswick, and .Manitoba, the notation of the 'Statutis at 
Larye " has been followed, l-'or a full report of the debates on tliiineasure in its 
[impress through the liiiperial Parliament see "Ilunsard'ri l'arlianientai\ Debate^," 
third series, vol. Irt."), pji. .V)7. ^01, 1011, llt'd, and 1310. The ordinary CaiiadiMU 
histories !,'ive a siiHiciently detailed narrative of the events wliicli led to ilie cou- 
(ederatioii of the leading Provinces of Uritish North Aniericii. For a full uid 
vul liable iiccoiint of the Quebec confercnc" of IMil. sei' " Con fed er.it ion of Can mi a. ' 
' \'ol. I.; Toronto, IHT'2) by Hon. John Hiiiniltoii (iray, one of tlie delegates repr.- 
seiitiiit,' New Hrunswick. Tlie debat(>s in tlie Canadian I'ailiaiiieiit. in the -^es- loii 
of ^^t; ', on tlie motion to adopt the " Quebeo liesohitions," wtre printed in a siiiyle 
\oliiiiie under the title of '■ Parlinoiciitary Debates on tlie subject of theConled- 
< lation of the Hritisli North .Viiieriiian Provinces." iQueliec, lNtl,'5i. This collect ion 
iif speeches by the foremost statesinen of Ciuiada, is indis|)onsable to the student 
f tills part of Canadian constitutional liistory. For tlie text of the yiu'iec 
Ke-oliitio!is sei^ .\ppeiidix F. 

■' III Can id I aiul Nova Scolia the i|uestion was never submitted to popular vote 
In New Hninswick a Kciioral election was held to decide tlie matter. 

I'rof. Dicey in his " Introiluctioii t > the Ijaw of the (Constitution " Chapter III . 
|i 1.").) of the third edition I says; " Tlu^ preanilile to tlie Hritisli North .\iiieriea \<-r, 
iMi", assorts with orticial i.'iendacity that the Provinces of the jiresent Domini"n 
have expressed tludr desire to be united into one Dominion ' with a constitution 
similar in principle to that of the United Kiiit^dom.' If preamliles were intended 
to express the truth, for ciii! word ' Kiiit,'doiii ' out,'ht to have been substituted 

States.' since it is clear that the constitution of the Dominion is modelleil on that 
ot tiie Union." For a useful comparison between the constitution of Canada and 
ilw of the l.'niteil States see Dr. Hoiirinol's "Canada anil the Uniteil StiUe-- " 

ri.insactions of the " Itoyal Society of Canada" for l.silih, and his paper under tlie 
-ame title in the Scnlli^h Uti-iiH' ior A\\\\. IS'.lO. See also " Parliamentary {lovorn- 

ncnt in Canada, bv the Hon. t". C. Colby, M P., and the Ltiiv <Jiiail''ihi Iti-iufiv. \o\. 
HI. No. 10, p. 1204. 
•I See Sections 140 and 117 of this .\ct. 

■ Hy Itoyal Proclamation, issued from Wimlsor Castle on the twtnty-secoiid of 
May. l.s()7, the first of duly fidlowini,' was deidared to be the day on which tlie 
1 oiifederat: . Act should t,'o into operation. liord Monck, the last (lovcnior- 
<ieneral of tlie Province of (^aniidH under the Union \ct of 1M40, was appointed the 
tirst Goveriior-(ien(;ral of tlie Doiniiiion of Canada iiinltn' the Confederation .\ct of 
1H*J7, and on the tirst of .hily of that year lie aiinoMiiced his appointment to the 
l'e<i])l(^ of Ciinnda I y ))ro(dnniatioii. The texts of tlies(,' two docnnieiits are prtdixed 
to the .Journals of the first session (181)70^) of the Ho i-e of Comnions of Canoda. 



232 



TFlE CONFEDKRATION ACT 



ii See Constitutional Act, 1701, Soctimi II. ip. 112 abovoi. For the lesal definition 
of the prosoiit Ixuunlary hotwtieii Oiitari" and Quebeo, soo the Iiui)urial Act 
.52 it 53 Vict, call 'Ji, entitle 1 tlio "Canada 'Ontarii) B tundarsi Act, IW.) " (Appcn 
tlix B.) 

7 For till) boundaries of Nova Scotia and N'ow lirunswick see Appendix P.. 

H The po|)ulali"a of each Province in the Dominion in 1S71 and ls.yi was iis 
follows : — 

Ontario 

Qncbec 

Nova Scotia 

New Hrnnswick 

Maiiitol)n 

Hritish Columbia .. 
I'rinco Ivlward I'd. 
Tcrritorio.-i 



Total. 



1.S71. 


].'<8I. 


l,()2!1,s.-,l 


l,iiL.':i,J2-^ 


i,ini..-ii(; 


1 ,:i."/),ij27 


;is7.si)r) 


H(),.572 


2.Sr)..5.)l 


:t2i,2;i:( 




r,.-i.!r>i 




I'.Mr.ii 




ias,,Ki,i! 




r,i\A iG 


:i,is-.,7.u 


J,;j2i,.si() 



'■< For a full account of the relation s\istained by the ftovernor-Creneral to tln' 
imperial (lovornmont on the one luiiul and to hisosvn I'rivy Council on t\w oilier. 
sec Todd'.s " Parliamentary Government in the Hritish Colonics," pp. 7i)-12"i. On 
the exercise of the prero^'ativo of mercy, see ihid, [ip. 251-271. 

10 See Note 13 to the Union .Vet, 1810, above. 

11 Section IS of "The Hritisii North America .\ct, 1W7." was re)ieaIoil by "The 
Parliament of (^anaila. .Vet, 1.S75," and a iu',\<; section substituted (see p. 227). 

I'J The ;'wst Parliament of the Dominion of Canada met on tlie 7th of Novcmlu'r. 
1807. 
1-^ For the duration of Parliament b(M' section .50. 

U This number has been increased to SO by subsequent legislation, three of the 
additional mombers reprosentint,' Manitoba (Statutes of Canada, 33 Vict. cap. 3, sec. 
3; Kev. Stat, of Canada, l.ssti. eap. 12i ; three rcpresentinK British Columbia i Stat. 
of Can., 1H72, p. Ixx.wiiii; and two reijrescntinu the Northwest Tiu'ritories iStat. of 
Can , .50 A" 51 Viet. cmji. 3. For contiii'intory Iminn-ia! leKislntion see ]>. 22(') and p. 
22) below. See section 1 17 a< to the representation of Prince IMward Island in the 
Senate. 

I- Compare section 117. 

''• See Journals oi Housi' (if Comiiioiii for ls,')7-(;s, pp. v-vii. 

i; See Todd's " I'arliaiiu'iitarv (iovernuieut in 'die Briiisli Ciilonies," ))p. Kil-l'M, 
for a brief account of an applicalion made in isv.i by the (J.inadian to the Imiior.al 
Government for the addition of si.x members to the Senate. See alscj Senate 
Deliates for 1877, pp. si-'.Ji; Conim lus Doliales, same year, p. 371; and Seuau' 
Journals, same year, iii). 13') J31. 

■« See Note 14 above. 

") For the state of I lie law in re;4ard to these matters in the I'loviuce of Canadii 
prior to Coiifedenition sec! " Consolidatt d StHti;tes of Canada," 185'.), pi>. 1-151, an 1 
Canadian Statutes 23 Vict. cap. 17 ; 27 Vict. c. 8 ; 27 & 2s Vict. cap. 51; and 2',( Vict 
cap. 1. Tho trial of controverted elections to the House of Commo)is was trans- 
foirod to the Courts of law by Dominion Statute 3() Vict. cap. 23. This was rt'placcd 
by 37 Vict. cap. 10, the validity of which was iu 187'.) declared by tho Supreme 



?al tlefluitinii 
niiurial Act. 
isii" (Appen- 
dix B, 

I 1S81 was ii- 



Mieral to tli>,' 
(111 tlio other. 
I), 7f!-l'2j. On 



aloil by "Till' 
I. 2'27;>. 

of Novciulirr, 



. thi't'O of the 
c't. CMji.:!, sec. 
hiiiil)i:i iStat. 
ories I Stat, of 
. 220 aiKl p. 
Ishuul ill the 



pp. ICil-l'i.'), 

tlie Iiiiporial 

also Somite 

and Senate 



e of t'auadii 

[ip. 1-154, aiul 

and eil Vict. 

IS was trans- 
was ri'iilaceil 
,lio Slipi'ouie 



AND SUPPLEMENTARY ACTS. 



233 



Court of tlio Dominion i'i Can Snp. Court Reports; CartwriRlit's Cases, Vol. 1. 
p 1()7), and afterwards atlirmod by the I'rivy Council (.j Appeal Cases, l.VJ). The 
trial of controverted elections to the Legislative Assoinhly of Ontario wars trans 
ferred to the Provincial Superior Courts by Ontario Statute, ;!l Vict. cap. )!. 

- The ollicc of Deputy Speaker was created in 18S5 by Doni. Stat- 48 & 49 Vict, 
tai). 1. 

;i After the census of 1871 the representation was re-adjusted by Doui. Stat. :t."> 
Vict. cap. l.'l .\fter the census of H-H it was re-adjusted by Doni. Stat, l.j Viet, 
cap. l>. 

:i See INIay's " Parliamentary Practice," chapter on " Supply and Ways aiil 
Menus"; and liouriuot's " Parlianieiitary Procedure and Practice," chapter vw 
■ Committees of Supply and Ways and Means." 

-^ Prior to the passage of the Union .Vet, l.sKi, (sec. .')7i there was no such r . trie 
tiou. See Scrope's 'Ijife of Lord Sydeiiliam," p 'iO'i, and Lord Durham's Keport 
p. :u of the liritish Parlin.meiitary Edition i. 

-J See Todd's "Parliamentary GovernnuMit in tlie Hritish Colonies," pp. l.'iD-l.")!. 

-- SeeN'ote 2t. 

■ 'I'lie only Li'iutonant-Governor removed under t'le authority of this section 
was the Hon. liU'! Lotellier. whose dismissal from the Liouteiiant-(iovornorsliii> 
ot Quebec took plac" in ls7.). For a succint and lucid account of this important 
case see Todd's "Parliamentary Government in the Hritish Colonies," pp. 405-42S, 
See also ■Journals of the House of Commons of ('Miinda, 1S7'.', p. .S.'i ; Dom. Sess. 
Papers, vol. xii. No. 19; Dom. Sess. Papers, vol. .xii, Nos. l.s, e-iid ls\ ; and Debates 
<if the House of Commons of Canada, 1879, pp 251-4IJ9. 

: Since 1837 there have been added to the Executive Council of Ontario, a 
Minister of Education (:w Vic. cai). 1(3), and a Minister of .VKriculture (51 Vict. 

en p. 8). 

.\s to the ollicc of Lieutonant-Governor in Ontario and Quebec see Out, Stat. 
")1 Vict. cap. ,5; Quebec Stat., 52 Vict. cap. 13; and the judf^ment of Chancellor 
Hoyd, delivered in 1890, at Osfioodo Hall, in the case of " .\ttorney-(teneral of 
Cuiada v. Attorney-General of Ontario. 

-The seat of Government of Manitoba is Winnipeg; of British Columbia, 
Victoria; of Prince I'Mwanl Island, Charlottetowii ; and of the Northwest Terri 
t -ry, IJegina. 

'" Of the four Provinces wliieh entered into Confederation in 18(57, Ontario alone 
liad only one legislative chamber, (^iioboc was provided with two under section 
71 iF this Act, and Nova Scotia uiil N^^w Hrunswielv retaUied inii'h i\\v. two it liad 
o; the other Provinces which now form part of tlie Douiiiiion Prince I'.dwurd 
I-hliid retains the two chamlters which it had before its admission ; ^lanitoba was 
I'lovided with a second chamber by the Dominion Statute i:j;5 Vic. cap. 3), which 
erentod the Province; but it was abolished by .Vet of the Manitoba Legislature 
■i'.i Vict. cap. 28). Hritish Columliia occupied at the time of its admission into the 
dominion a jieculiar position. From Iki'J to 18.")'.) Vance ver Island was placed 
aider the control of the Hudson Bay Company, the Governor of the coloiiy being 
.ippointed by the Hritish Government. The first Governor, Mr. Blanshaid. ap- 
pointed a legislative council of three m(;nibers,and in 1h"j(5 his successor, (iovernor 
Douglass, by direction of the Secretary for the cohmies, Mr. Laboiichere, gave tlu; 
people an opportunity of electing their tirst Parliament, whieli was made up of 
-even members. These two chambers continued till the union of Vancouver 



234 



THE CONFEDERATION ACT 



Island with British ('oluinbia in \HC,Ci, llie IjCKiKlativi! Council hrtvint; lieeii in lftf>:< 
made partly elective The orisinnl Province of I^ritisli ColuniluH, which was under 
tlie same Gnvin'iior with Vancmntn" Island frnin 1S.")S tn IKC.I. was in the latter year 
(-■ranted a separiitr' establishment, consistiin,' of a (iovtrnor and nil appninted 
l>ei.!islative (^Duncil. Tlu! expense cif this arnim;enient lir<iu'.;lil nboni ii \niiiin i:. 
IKlt! under a government similar in form to that of Mritis'i ('uluinlpiii. niMi'ilv. ;i 
(iovernor and an appointed Council, and this was replaced in l.-Tl 1>\ ii cnn^titution 
similar to that of Ontario, with a view to the achnission of t)}v Province into the 
Dominion. Tlie statute or ordinance niakinj,' this elmnu'e is Nn. I (7 in tlie ■ Law-) 
if British Colunibiii, ilicvisedl, 1871." See also Maclics •' XanioMver Khii'd and 
Hriiish ("iiluiii1)ia." elia)). xiu, iljondon, lHfl.")l. TIk' present iMiistitiitidii nf 
llritisli Ciilumliia is cdntained in ciiap. -1 of tlie '■ ('misolidared \cl<. isvs '■ 

I The reiu'esentntion in tlio Ontario lie^^i^-lative Assembly wiw re-acljii'-teil ii, 
l^7•l liy the statute .is \ict. eaji. 'J, which increased the i!ienilershi)> tti.ss. It wa- 
af;ain re-adjusted in l^s . by the stntntc 4H Vict. caj). 2. whieii increiiscd tin. mcm- 
hershi)> to i)0. l!y 'ti \ict.. cini. '3, tli<! nnnihe.- \v:is increased to !!l. 

- No cliant;e has been iiiiidi' hy t!ie '^Jtiebc!' Lenislatiire in this ji.irt oi tin. I'ri, 
vincial constitution. 

;< Sec. 'Z) above. 

;< Sec. Ml above. 

:c, III ls;U) the Quebec Ije.iisl.itu.e passed an \ct !■">:( Vict , caj). . 1 1. incfCiisiiii.' tiie 
membership ot the fje^iislative Assembly to 7-2. 

M, The Ijet,'islMtin-e of e:ic!i of tl'.ese Provinces met for the tiv^-t time on tlie -I'O. 
ol Decemlier, ls(;7. 

;;; Kor the law securiii'.j the iiideiieudeiice of the members ot the Leuislative 
Ansembly of Ontario, see Hevised Statutes of Ontario. I,ss7, cii|). n.. ss. (l-ll. Vvi 
the correspondin« law for tin; Province of Quebec, see Revised Statutes of Quebec, 
1K88, articles i:m-lH. 

:>■ The followini,' statutes embody tlie law of Ontario in ndiition to the matters 
specified ill tins section : .\s to the ipialitlcation of inenilers of the Lef,'islativi- 
Assembly, U. S. ().. issy, cap. '.i, s. .! ; as to <lisi|U ditication of niembin's, ihiil cap. -, 
sR. (p-1 1 ; lis to ijiialificii tioii of voters at legislative elections. ■")! Vict., cap, -1 (the 
Manhood SiilTrat,'e .\ctl; as to all proceediiiijs at elections, K. S. (),, 1.sh7, cap, ;i ; 
as to the trial of ('outroverted elections, K. S. ()., 1.HH7, cap. 1(1 ; iis to viicaiicies 
K. S. O,, 1HH7, <;at., II, The lollowiiit; stiitutt^s enihody the law of <j)uebec or. 
the same ]>oiiits, ,\s to eli;,'ibility and disipialilication of memliers of the 
Legislative Assembly, R. S. Q., lissr^, articles ',).")-;i!) : as to the qunlilhation of voters, 
■W Vict., cai). I; as to proe(!ediiit,'s at elections, li. S. Q,, l.'SKs, ,.np ■>; as to con- 
tro\erted elections, H, S, Q , isKs, ciip, U : and iis to vacancies, I!. S (^> , l.'^H'*, article^ 
UK)IO.~<. The Ontario Ijei,'islature by the Statutes 4'_' N'ict. ciip. I, subsecpiently 
amended by IS \ ict. cap. 2, tised more detinitelv tlu! hmits of the foui-\ear term 
Hy the Statute ll-l.'> Vict. cap. 7, the QiU'bec Lcf;i^-hitiire extended the term ti 
five years for that Province 

;.'.i I''or the int'U'pretiitioii ol the jihrase " trade and commerce," l>y the Courts, see 
Cariwrik'ht's " Cases eii the UritiNli North .\merica .\cl, IsHT," Two of the must 
imiiortaiu decisions are those ^iven by the Privy Council in the Citizens and 
the Queen Insuraiieu I'ompanies v. Parsons (Vol, 1,, p. Sili.)), and llod){o v. the 
Queen (Vol. III., p. 114) .\iiioti«st other cases illiistrRtin« iliis point are Heard 
V. Stetde (Vol, I , p, (ls:t), Harris v City of fliimilton il,,75i'>), Noel v, Co of liichmoiul 
ill., 241)1, .\n),'us V. City of .Montreal ill., ll.".!. Mallette v. City of .Monireiil (II., .'Uti, 
and Cote v. W.itson ill., :(4;i). 



AND SIPPLEMENTAHY ACTS. 



23i 



« Iioeii in lWi;< 
icli WHS under 
111' latter year 
an iii)pointe<l 
lUl n \inifin ill 
iip. ni'ii'i'ly. a, 
i! ciinstifution 
inci' into t!ie 

in tl haw-, 

IT N]iii'il aiifi 
in-;titnr;(>n nf 

ro-niljii'-tcil ill 

t.is.s. It \va- 

scil till' iiicni- 

irl ol till' I'r:. 



inci'ciisin;.' the 

111' on till' -I'V.' 

Ill' Li'tiislative 
.. ss. (i-11. I-'oi 
t«!S ot (Jui'liei' 

the niattor- 

liO^iislativi- 

I's. Ihiil Clip. J, 

•t., caji, -1 (tilt- 

1.SH7, t-aji. '.I 

ti> vacancies 

)f (jine')ec it. 

iljcrs of t'.iH 

ion of voter>, 

as to coi;- 

1SH'<, artieU'" 

■iiibseiiuently 

ir \<'ar teri" 

Uu' term i 

11' Courts, sct- 
of the nic'-i 
I'iti/.ens an'l 
lloil^jf V. ti:e 
It are Heai 1 
of Kit.'lnnolii: 
real ill., :WM, 



•ifi See tlie case of Leprohou v. City of Ottawa iCartwriRht I , .")lf2i. 

■^1 .As to tlie nature of the control here vested in tlie Dominion (iovernmcnt over 
inhmd fisheries, sec the case of Queen v. Ko'iertsoii n'artwiii;}it II,, f!.")i. 

i'i See the decision f<iven hy the Ontario Court of .Appeal in Smiles v. Helford 
(Cartwrit,'ht, I.. ."iTili. 

■'' Tlio term ' reserved " was iudicially iiit"ri)i'eted by the Privy Council in the 
case of tlie St. Catiiariiies Milling,' and IjiimberCo. v. tho (,)ii(ien i.\ppeal liejiorts 
XIV . 10). See also Ohuridi v. Fenton (Cartwriuht I.. N'i i, and the same case in the 
Ontario .Vppoal Reports 1 1\'., l.TO). 

;i On the .jiidieiaJ interpretation of the p!ir:;se '■ direct t.ixatioii." see AiiLier^ v. 
Queen IiisurRncc Co. (Cai'twriyht, I.. 117). and .Mtorney-tieiieral nf Quebec v 
Keed (CartwriKht III, 1!U. 

'■■ .\ number of judicial decisions have b-'cn j^iven to dc termini' tlie sif^'uiCu'alioii 
111 the term " municipal institutions," iii'luliii.: manv ot tiie so-called " liipmr' 
cases. See amongst others lii'in'ohon v. ' ityol Ottawa ('artwriullit, 1 , "ill'Ji. Slavin 
V. Orillia iCartwriKht, I.. i;s.S;, Harris ^•. I'ity of Hamilton iCiirtwri^ht. I.. 7-">lii 
Three Ifivers v. Suite iCaitwii'^ht. II ,■.!>.). Hx /mrte Pillow iCartwrii^ht. Ill . -i'ti). 
Windsor v. Comineicial UiviiU o artwri^lit. III, :i77i. and Hod^;e v. the (^)Meeii 
iCartwriKht, III.. I 111. 

<ii The decided cases under this snh-sectioii are numcious. See amoii:;st others, 
the following,' in Cartwrit^ht's collection; Severn v. the t.iuieii ^ I., 111'. i;e:4inii v. 
P.oardman il., (>7(h, Uussell v. the Queen (II., I'i), Noel v. Co. of Kiciuiiond ill., 'Jlfl', 
'"ihree Hi vers v. Suite (11 , 'isOi. l-lx imi-ti' Leveille i II.,:M'.l). Pdoiiin v. (>tucd)ec iIl..:i(Wl. 
Hart V. Mississijuoi ill., .is-Ji Cooey v. Hronie ( II.. :iH.")), Do St. .\iibyn v. iaifrailce 
ill, 3l)'Ji, Koefe v. Mcljennau (II., 4U(li, Koptina v. Kint^s Co Justices (II., iW). Ke^fimi 
V. Frawley (il., '.hOi, l{et,'ina v. Prittie (II , WHh, Kcpiiia v. Imke (II., liKil. Hodi,'e v. 
tlie Queen iIII., llll, Potilin v. Quebec (III., 'J.iOi, luid <TrilIitli v. UiouN illl.. :il'M. 

*'< For interpretative decisions see the followiuf,' cases; P>our(,'oin \. The Mont- 
real, Ottawa and Occidental U.K. (Cartwriuht, I,, iCt), Credit Valley K.U. v. 
(i. \V. U.K. iI.,H'j'2i, Alaelouj^all v. L'liion Navi^'ation c;o. (I., 'J'isi, Kef,'iiia v. .Mohr 
(11., ij7), Monkhoiise v. (irand Tnmk U.K. iIU. '2s',li. See also Uom. Statute Hi, 
Vict., cap. 'Jl, s. t), and Uevisod Statutes of Cii inula, is.nii. cap. 1(1'.), s. 1'21. 

*>" Many decisions have been K'veii by the Courts involving a detinitioii of this 
phrase, aniont,'st others the foUowiiif^, all of which will be found in CartwriLilil's 
collection; Cushino v. Dupiiy 1 1, 'JVJ), Citizens and Queen Insuranci? (,'om|>auie8 
V. Parsons d, -Jti.ji, Dobie v. Teniporalitios Hoard (I., :i.')l ), lli' Cioodhiie (I., .")t5(ii, 
Cronibie v. .Jackson (I., fiK5), Jones v, Canada Central U.K. Co. il, 7771, Smith v. 
Merchants MaiiU (I., H'2H), The (Jueen v. Kobertson (II., (mi, ■McClana«hiiii v. St. 
.Vnne's .Mutual P.uihliiiL; Society i II., '.':)7i, Clcveliiiid v. .Melbomne an 1 ISromplon 
(ioie (II., ail), liennett v. Tiie Pharmaceutical .Vssociation of (Quebec ill.. 'J.'iOi, 
Loraiif^er v. Colonial Huildiiif,' an 1 Investmeut .Vss iciation 111 . llsi, /,'.' Windsor 
and .Vnnapolis K.I!, i III.. ;ih7l. 

4!' The following, in Cartwriuht's collection, art' some of the mans e.ises derided 
under this sub-section: Kei^ina v. Coote d. .")?). \alin v lian;.'lois 1 1., I.'isi, l.eniir 
v. Kitchie (1., 4SMi, The Picton (I., .5.')7). Kfl;4iiia v. K.nldy 1 1., 7i)'.)l, Ue^iiia v. .Nunr 
(I., 7'22), UeKilia v. hawrence (I., 712), lie Sipiier d., 7V,I), The Queen v. Keno and 
^nderson (I., HIO), .\ttorney-(ieneral v. Nill^'ara Falls Ih'id^'e Co. d., si:ii, Po|ie v. 
(Iriflith ill, '2!lli, Piwe v, (irillith dl., iiO'm, Cole v.Chauveiiu dl., :(lli. Ke-iiia v. 
lliirner dl, 317), Kx iiart,' Papin dl , .iM\, Pa«e v (inllith ill, ;)'24., Kei^iiia v. 
iU'linett in.,(i:l4), Wilson v, McOuire (II., (iii.ji, (libson v. Miicdunald dll , :il'.ti. 



236 



THE CONFKDERATION ACT 



M Several judgiueiits in decided cases contain dicta illustrative of this sulf- 
soctiou. In the recent and important case of the Attorney-General of Canada v. 
the Attorney-ticneval of Ontario it was decided \>y Chancellor 15oyd that an Act of 
the Ontario Ije ;islaturo (51 Vict. cap. .')), authorizing the Liouteinint-Governor to 
couiniute and remit sentences for ofToncos aj,'ainst the laws of the Province or 
otrences over which the lej^i.slativo authority of the Province extends, was within 
the constitutional competence of the Lef^islalnre. See note 28 ahove. 

SI Such an appeal was made by Koni in Catholic inhabitants of New Brunswick 
against the School .\ct passed by the LeKislaturo of that Province in 1S71. Tiie 
(ioveriior-(Toneral-in-Council decided tliat tliere was no ground for interference, 
and the statute went into operation. See Todd's " Parliamentary Government in 
the British Colonies," pp. U-lG-SoO ; and Doni. Sess. papers, 1877, No. 8fJ. A 
similar appeal was made by KoMian Catholic inhabitants of Prince Edward Island 
against the School .Vet passed by the Legislature of tiiat Province in 1877, with a 
similar result. In 1890 the Le;,'is!atur(' nf Manitoba passed two .\cts (chapters :i7 
and 3"< of .";:! Victoria), the former aljolisliim; the ilual Hoard of Hduc.ition and the 
dual Superintendency of Pul)lic Instruction, tlie lattiir creating a single puldic 
school system instead of the dual system which had up to that time existed by 
law. 

w The Parliament of Canada was appealed to in the Xew Brunswick case (sit; 
note "lU, but no remedial legislation was granted. See Todd's " Parliamentary 
Government in the British Colonies" pp. 3l()-:!'5!), and Doni Sess. Papers, IHli, 
No, 2,5. 

•w Nothing has been done to bring about the uniformity here provided for. 

•'■'< No provision having been made in the British North America Act for the 
removal of '."onnty Court ,Iudg(!S, tlie Dominion Parliament in 18s2 passed an .-Vet 
(45 Vict., cap. 12) dealing with the matter. 

5'> For procoodin','s taken in tlio House of Commons under this section, but not 
carried so far as to secure the removal of tlie judge who was assailed, see the case 
of Judge Lafontaine of (Juebec (Commons Jonrn^s of 1,SC)7-CS, pp. 297, Mi and 'i'.>f^ : 
and of 1H()9, PI). 1.'I5 and 217); the case of .ludge flbranger of Qui^bec (Commons 
.lournals of 1877, pp. 2", 25, 30, 2.58, and Appendi.x No. 3) ; and the case of Chief 
Justice Wood of Manitoba, (Common Journals of 1,S82, pp. 176, 192, 355; Sessional 
Papers of 1,882, No. 100; and "Debates of the House of Commons," pp, 1231-1237). 

r.6 Prior to 1875 the only Court of Apiioal against the judgments of Provincial 
Courts was the .Judicial Committee of the Imperial Pri\y Council. In that year 
the Dominion Parliament [lassed an .Vet i3s Vict. cap. II) ' to establish a Su]n't'me 
Court, and a Court of I'.xchetiuer, for the Dominion of ("anada," and in the follow- 
ing ye.ir an .\ct (39 Viet. cap. 2l)» was passed "to make further provision in reg.ird 
to the Supremo ('ourt and the Mxcheiiner Court of Canaila." In the case of Valin 
v. Langlois (Sui'reme Court Reports, Vol. III., and Tartwright's cases Vol. I., p. 1.5S), 
Supremo Court, and afterwards the Privy Council, dei'ided that the trial of 
Douiiiiicni controverted elections properly devolved on tlie Provincial Courts. 
For a movement to repeal the Supremo Court Act, see Commons Journals of 
1882, p. 297, 

7 This was one of the great obstacles to bringing about the; union of 1867. See 
the Uesolutions of the Quel>ec Conference of 1864, (Appondi.x F), and Gray's " Con- 
federation " of Canada, Vol. I. pp. 01-62. 

B« In the first session of the Dominion Parliament a bill was passed " to fix the 
salary of the Governor-General," and by it the f lO.lXX) was reduced to i'0,500. It 



AND SUPPLEMKNTAUY ACTS. 



237 



was reserveil "fortlio signification of Hor Majesty's pleasuro," and tlie message 
withhoMin;' ber assent is printed as No 73 of the Sessional Papers of IbCn. 

■'■' InchidinK lands accpiirod by treaty from Indian tribes snbscrment to Confod- 
i>rati()n. >eo tbe (!as(> of the St. Catbariiies Milling and Liniil)or Co. v. the Queen. 
RnLsHsh .Vpiieal Reports, vol. xiv., p. ^li ) 

'''I The term "royalties" has Ijoen authoritatively dcifiuod by the Privy Council 
:ii the Mercer Case iOiirt>vrif;ht. vol. :!. pp. 0-l>) so as to include escheats 

lii This financial settlement has Ih'cii several times disturbed. "Hotter terms" 
were ciinceded to Xova Scotia in l^'lV.t i Ooni. Statutes, :!2 & :!:i Viet. cap. :i). In 1H73 
an .Vet was passed i:v'> Vict. cap. :',0). to readjust the amomits of the Provincial 
.lebts tor which the Uominion became lialtle. and an .\pt was ))assed the followinj,' 
vear i'M Vict. cap. 'b, coutiruiin^ the •' bettor terms " settlement made with Nova 
Sciitia in iMi'i'.i. \n .\ct was passed in IKHI (47 Vict, ci'ip. 53) " to ro-adji;.st the yearly 
-ut'sidies allowed by Caniida to the several Provinces." In 1H.'^5 nn Act MS & 49 
Vict. cap. 4i was passed authorizinc the (bivi'rnoriu-Council to make advances to 
Provinces on certain conditions. The laws relntint; to subsidies were consolidated 
in tiio llevised Statutes of Canada, 1*^C, cap 40. The I'rovinec of Manitoba was 
created in ixja, with certain financial arrant;oniei;ts i..'3 Vict. cup. 3. sec. 25). These 
arrangements were re-'idjusted by 45 Vict. cap. 5, and a^ain by is & 4i) Vict. ca]). .50; 
and the latter statute was " explained " by 4'J Vict. cap. 8. For the financial ternii; 
on which Prince IMward Islaml was admitted into Canada sue the .Vddress to tlie 
Queen adopted I)y the Dfuninion Parliament in ls7:t (Com .Jniirmils, vol. vi. p. 403). 
In 1--S7 an .-Vet (50 & 51 Vict. cap. 8) was passed to increase tlii' subsidy to that Pro- 
vince. The financial an-angoments made with Hritish Columbia on her entrance 
into the Dominion are contained in the address to the Queen in the Commons 
•lournals for 1''71. p. I'Jl. 

I- The adopti Ml of the Treaty of Washington in 1S71 rendered it necessary to 
ibolisb these "lumber dues," and an Act was passed by the Parliament of Canada 
.'iO Vict. cap. 41), providing compensation to New K'-nuswick. 

''■'■ Ontario h.ad no Ijotjislative Council under the Confederation .\ct, and members 
!)t the Quebec I.e^islative Council have since served as members of Senate 
without vacatiiij^ their seats in the Council. The same exemption from disability 
w.'.s allowed to the members of the Manitoba Lej^islative Council, In relation to 
dual membcrshii) of the House of Commons and of a Provincial Legislature see 
DoMi. Statutes 35 \'iet. cap 15, and .30 Vict. cap. 2. 

'1 These powers were exercised in the; case of tlu! \Vashin;,'ton Treaty of 1871 

Dom. Stat. 31 Vict. e.ip. 2). In tlio iu.';,'otiation of tluit treaty Canada was repre- 

sente 1 by Sir .bihi! .Maedonald ; in tlie negotiations of the abortive ireaties of 1871 

and l8->s, tlie reprt>sentatives of Cana la were respectively the Hon, George l$rown 

and Sir Charles Tupper 

•'■'• The Parliament of Canada subseijueiitly authorized the use of both languages 
hi the Legislature of :\lanitoba (33 Vict. cap. 3i, and in the Ijegislative Council of 
the North-West Territoru's (43 Vict. ciii). 2">, sec. ill ; Uev. Stat, of Canada, IKSG, cap. 
50. sec. 110). The Manitoba Legislalure in 181»0 abolished the use of the French 
language in its proceedings (,"i3 Vict, cap, It), and in tlie session of Is'.io theCanadian 
House of Commons declared it "expedient and jiroper" that the Legislative 
Assembly ot the North-West Territories should hii vc, after next general election of 
the .VsHiiiibly, the right to decide for itself the (luenlion of its continued use (Com. 
Journals is'JO, pi). 10B-J08). 

"li The Ontario Legislature in 1872 authorized the increase of the Executive 
Council to six members (.35 Vict, cap, 3, sec. 6), but did not add to the number of 



288 



THi; CONFEDKUATION ACT 



executive (U'liHrtiiieiits till lS7(i, wIkmi tlio ollice of Minister of I'.ducatioii wn? 
created i:i',) Vict . cn)). Itli. In IHSNt lie limitation to six was renioveil. ami the Deiiai't- 
uient (jf \i;ricultini' wiis iiliiecd in uharKe ofa " Minister " i51 \ iot. ci!]). si. In Qnebei- 
tile iiKJhiliersliiji of tile Kxeciitiv<! Council is tixeii by ll.e lievised Statutes of Jss^ 
I sec. .■.<):(). as follows : President of ('otmcil, Attorney-Cieiieral, Provineii'l Secret a rv . 
I'rovincia! Treii surer, f'oimiilssioner cf • rown Lands, Coniinis' i ineruf A^rlcnltuie, 
and Conirnission(>r (ii I'nldic Win I;-;, 

'; 'rile iirliltriitcir rli(i-;eii li\' liie ( io\ eminent of Ontinio was tl'.e llmi. :iiiore 
recenth Sivi Davi 1 Lewis M.u'iilierson. of Toronto ; hy tlie (iovernuienr <if (,); elier. 
the Hon. ClKirli'-i Drwey IJiiv. of (i)ii(!be(' ; atid l>y the (ioveniineMt of C.inada. tile 
Hoii..)olin Hamilton Hray, tlieii of ~t.Joliii, N.H.. afterwards Chief .Iie-lieeof Hritish 
Cohunliia. See Out. Se-s. Tajiers. No. 'J? of IST.'I, and No. A-li of isTs for li. a till! 
account of nil tiie !iroi'c'(!diii;.'>^ of t!ie ;irl>il intors ilown to tin- t iiiie of tlieir award 
on the "rd of S(!j)t;'ii!ber. 1hT(|; ivli rlie te\t of the awi'.rd itself; '■>■ nil the (•r)rves- 
pondeiice resiilfin^' from it ; reimdiiitioD hy successive Mxeeutive Coimeils (jf t^)iie- 
hcc ; Ml the iiroceodiiH.'s |ireliniin,iry to the submission of a"s])eeiiil e.isc" to the 
Imperial I'rivy Coniieil ; mid i >' the Ihnil decision of that bodyoti the 1 1th of March, 
IsTS, deelariii-! thi^ a wind to lie liiniliir.;. 

''■- l-'or )iroce<'d:iit,'s of tlie Hoib-e of ( ■ominous in com lect ion with Ilie inloiit ion of 
the address for liie adniis.-^ion of Hriti h ( fihimbia, iind for the text of tin; mldress 
itself se(^('oni. .lour, for IsTl. ]iii. l-^'-'-'ili:!. The Order of Her Miije-ty in i unncil 
declariiiL! the union of Ciinadii and lirili'^h Coliinibia will be found on iip. l\\xi\- 
(vii of the Statutes oi' Caimdii for IsTi. The proceedinf^s of the Hon-^e of Coiniiions 
in conneilion with the ndmission of Prince lldwiird Islnnd are ^;iveii on pi'. 4(il-l(ti5' 
of (^)m. .four, for IsT.t, iiiid tl;e Imperinl Order-iii-Coniicil on pii i.\-xxiii of the 
Statutes of Camida for the same vear. 



<» For the text of llie Order of Her Ma.jesty in- omieilaunexiiiL; " Kiipert's Liiild 
iind the N )ilh-\\'esterii Ti'rritorv " to the Dominion of Caimdii. see Can Stat, of 



1^72. pp Ixiii Ixvxiii. The Order is dated, Windsor, .June 



isTO, and has 



appended to it the terms and conditi<ins of the 
Hiidsnn's l')iiy Company. 



urreniler of the tei riior\ bv il.e 



;<i See Note i 1 iil.o\e. 

',1 .\s to the nature of these "assets." and the manner in which they have hei'U 
finally disposed of, as between Ontario and tjiiebec, see Onlario Sessional Papeiv 
of l.s":i, a'os •I'J and .'i7 ; and of 1.S7.S, No. I'2. 

'li This .\el is ;54 ;!."> Vict, cup is. The text is reprinted from ■■The iniblifr 
(ieneral Klatutes " in tiie " Lii w IJeports, \'ol. \T., Is71," hut it has been conipiired 
with the ti'xl in "The Public (icneuil .Vets" luiblir-lied by the Queen's Printl'r^, 
Tjoiiilon. 1'71. The Karl of Kimberley made In the House of Lonls a brief state- 
inent of tlie reasons for introducing the bill (Hansard, Third Seiie-. NO!. 'JOC. 
p. 11711 

Ti The ■■ilotihts" here mentioned were uiised in the Caiindiitn Parliament. 
Acconiiin; to Lord Kimberley i see vote 7'2 above i the l^aw OJlicers of the t'lown 
believed the .\cls specilied in section '> of this .•\et to be within the eoiiipetency of 
the Oominioii Piirliameiit to pass. 

H The limits of Manitoba were eiilar.Lied by the joint lO'tion of the Dominion 
Parliunient and tlie Mnnitoba Let;isliitare in l^.sl. See .Manitoba Statutes, U 
Vict., cc. 1 and \L; Doin, Htat , 41 Vie', ca)). It and Uev. Stat (.'an., I.'SM- 
cap. 47. 



ASn SrPPLKMKNTARY ACTS. 



239 



7.-, Siicli iirovision is iiiaiU' by Cliai>ter8 .'J0-.'")4 of tlie liev. Stat. Can. 1886. Aiiii>iit;st 
jirin ictus eiiactuintits are the following: Soviet, caj). 40; H'.t Vict. cai". 21; U Vii't. 
•ail. !.■>; 47 Vict. cap. 2.t; 48 & 411 Vict. cai). 51 ; 49 Vict. cai>. -Jj. 

'•'■ 'lliis Act isH8&39 Vict.cap.IlH. Thetext is reprinted from " Tlie Public (icncral 
Statutes," issued with "The liasv Keports," London, l.'^7">. Tlie occasion of its 
passage was the opinion repressed hy tlie Law Otlicers of the Crown in ls7:t that 
the statute (36 Vict. cap. U passed by the Canadian Parliament in the tirst sessiiui 
of that year " to itrovido for the e.sainination of wittir-sses on oath by Cunnnittees 
of either House" was lieyoiid the competence of tluit Parliament, under sec. Ifs ot 
the Hritisli Nortli .Vmcricaii .Vet. Tlie Statute was in cou^fiiuciice disnllowed by 
Her Majesty, and tlie iu(iuiry into certiiii chart^cs respectiiif,' the I'licilic Uailway. 
t-) I'lieilitato which the passage of the .Act was deemed necessary, was entrusted 
;o a Uoyal Commission. See Com. .Jour.. 1S7;5, iflrst session) pji. 115. 137. hit;, -Jii" ; 
and correspondence respecting the disallowance. Com. .Jour., 1^7.!, (second session 1 
pp..) — I'J 111 the hitter volume ipp. \-2 IHh will be fomul the narrative of the case 
sent by the (lovernoi -(leiieral, Lortl DulVerin, to the Colonial Secretary. Lord 
Kimberley The .Vpiiendix to the same volume cmtains the Iti'port of the Koyal 
Commission al»ove mentione 1. 

7" The ''doiibt..^" here mentioned seem to have arisen chietly in the Senate 
Com. .lournals, lS7:t, second session, p. ti'. See Ihnl.. i>i>. 7-10, for the t)pinioiis of 
Lord Dniferin, Sir .lohn Macdonald. .Mpheus Todd, and the Law Otlicers of the 
Crown, 

7H This Act is entitled " .\n .\ct to proviile for Oaths beiiif:! administered in 
certain cases for tlu( purposes of cither House of Parliament." The lirst section is 
as follows : " Witnesses may be e\!imiiiiMl upon oath at the liar of the Senate, and 
for that purpose the Clerk of the House may administer an oatli to any such 
witness." The second ami third sections empower committees of the two Houses, 
respectively, to take evidence on oath as to matters relating to Private Hills. 
The Colonial Secretary (Com. Journals of 1873, second st^ssion, pp. 10-11), points 
out that llie tirst section, in view of the opinion of the Crown I^aw Otlicers on the 
Oaths .\ct of IsTit. is ' void ' tinder section 2 of the " Colonial Laws Validity .\ct," 
1.SG5. See pp. 'J U 'J 1:5 below. 

TH This Act is V.) & r,0 Vict , cap. ;;.".. The text is reprinted from "The Public 
Oenei-al Statutes," issued with "The Law Peports," London. 1886. .\s to the neces- 
sity of this statute see sections -2 and 5 of the "Hritish North .\nierica Act, 1871, ' 
pp. 22.")-'2-i() above. 

'*o The .\ct passed by the Dominion Parliament Riviiifi representation therein to 
the North-West Territories c an Stat. 4!i Vict., cap. 24), was assented to l)y the 
Crovernor-General on the 2nd of .Lino, l^s8(i, See date of assent to tnis .\ct above. 

-1 Seij Note 1 1 abo'-o. 



u 



240 



THK COLONIAL HABEAS CORPUS ACT. 



COLONIAL HABEAS CORPUS ACT, 1862. 

An Act^ ri'Sjii'i-tiiii/ t/w issur of Writs of IIitbean Corpus nut ni 
l'!>i(il(t)i(l i)ito llcr Mdji'stij's Possessioiis <thrond, 

[IOth May, 18(52. 



WiiEiiKAs it is expedient that writs of Ilubeas Corpus 
should not issue out of Enf,'hind into any colony or foreign 
dominion of the Crown, where Her Majesty has a lawfully 
established court or courts of justice having authority to 
fjrant and issue the said writ, and to ensure the due execu- 
tion thereof throughout such colony or foreign dominion : 

Be it tlierefore enacted by the Queen's Most Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, as 
follows : 

Writ not to^ J, >Jo writ of Habeas Corpus shall issue out of England, 

ony,&c.,haviii!,' by authority of any judge or court of justice therein, into 

Court author- colonv or foreign dominion of the Crown, where Her 

izeu to yrant j .. n 

same. Majesty has a lawfully established court or courts of justice 

having authority to grant and issue the said writ, and to 
ensure the due execution thereof throughout such colony or 
dominion. 

Not to affect 2. Provided, that nothing in this Act contoined shall 

right of appeal. ^^^^^^^ ^^ interfere with any riglit of appeal to Her Majesty 
in Council now by law existing. 



1 This Act is 25 & 20 Vict., cap. 2). Tlie text is reprinted from tlio " Statutes at 
Large," vol. xxv, Loudon, 1«C2, 



COLONIAL LAWS VALIDITY ACT, IWm. 



241 



COLONIAL LAWS VALIDITY ACT, 1865. 

An Act^ to rnnore Doubts as to the Vdliditti of Colonial fjiir.s. 



[29th Jr\K, IStjo. 



Whereah doubts have been entertained respectinj,' tlie 
validity of divers lawa^ enacted, or purportinj^ to be enacted 
by the Lef,'islatures of certain of Her Majesty's Colonies, 
and respecting,' the powers of sucli Le^jislaitires ; and it is 
expedient tiiat sucli doubts should be removed : 

Be it hereby enacted by the Queen's Most Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, as 
follows : — 

1. The term " colony "3 shall in this Act include all of cottuitious • 
Her Majesty's Possessions abroad, in which there shall .. colony • 
exist a le.^islature as hereinafter defined, except the Channel 
Islands, tlie Isle of Man, and such territories as may for tlie 
time bein« be vested in Her Majesty, under or by virtue of 
any Act of Parliament for the government of India , 

'J'he terms "Legislature" and "Colonial Legislature" " LoRislatnre." 
shall severally signify the authority (other than the Imperial i'si'^iui"' •■' ^'^^' 
Parliament or Her Majesty in Council), competent to make 
laws for any colony ; 

The term "Representative Legislature" shall signify " KomeRenta- 
any Colonial Legislature wliich shall comprise a legislative tm-o •'•'''''"' 
body of which one-half are elected by inhabitants of the 
colony ; 

The term " Colonial Law" shall include laws made for " Colonial 
any colony, either by such Legislature as aforesaid or by ^'*'''-" 
Her Majesty in Council ; 

An Act of Parliament, or any provision thereof, shall, in Act of Pariia- 
construing this Act, be said to extend to any colony when it "'*'"^' '-'''^■' 



•242 



COLONIAL LAWS VALIDITY ACT, 1865. 



when ti) extend 13 made applicable to such colony by the express wohIh or 
to Colon V ; , , .■„..,. 

necussary mtumliiient of any Act of Purliamont ; 

"Governor;" The term "Governor" shall mean the ofticor lawfully 

a(lniinisterin{« the (iovernnieiit of any colony ; 

teut"^'^'' ^'* The term •• LetterH Patent" shall mean letters patent 

under the j^reat seal of the United Kinj^doin of Hrfit Ilriinin 
and Irclinid. 



(.'olonial Liiw 
when voiil fov 
rt'pu;4naiii.'y. 



tS. Any colonial law, which is or shall be rcpu^'nant to 
the provisions of any Act of Parliament exteiulin^' to the 
colony to which such law nuiy relate, or repugnant to any 
order or regulation nuvde under authority of such Act of 
Parliament, or liaving in the colony the force or effect of 
such Act, shall be read subject to such Act, order, or 
regulation, and shall, to the extent of such repugnancy, 
but not otherwise, be and remain absolutely void and in- 
operative. ' 



Colonial Law J|, >so cijlonial law shall he, <>r biMh'cnu'd to have bet.'ii, 
when not voiil . , . , , , . ,, , 

tor repuK- ^'"i<^' o'" nioperi'.tivc' on the ground of repugnancy to tlie hiw 

niiucy. j,f ];i,(ilaiitl, unle.s tlie same shall be repugnant to the pro- 

visions of some such Act of Parliament, order, or regula 
tion, as aforesaid. 



Colonial Law 
not void for in 
consist I'licy 
with instruc- 
tions. 



'1. No colonial law, passed with the concurrence of or 
assented to by the Governor of any colony, or to be here- 
after so passed or assented to, shall be, or be deemed to 
have lieen, void or inoperative by reason only of any in- 
structions with reference to such law, or the subject thereof, 
wliich may have been given to such Governor, by or on 
behalf of Her Majesty, by any instrument other than the 
letters patent or instrument authorizing such Governor to 
concur in passing or to assent to laws for the peace, order, 
and good government of such colony, even tliough such in- 
structions may be referred to in such letters patent, or last- 
mentioned instrument 




Colonial Legis- 5 hvery colonial Legislature shall have, and be deemed 
latures inav ,, , . , ,-,.,, •,.-.•• -i- i- 

establish, &o., at all times to have had, full power withm its jurisdiction 

Courts of law. ^^ establish courts of judicature, and to abolish and re- 
constitute the same, and to alter the constitution thereof, 
and to make provision for the administration of justice 
therein^ ; and every representative Legislature shall, in re- 



COLONIAL LAWS VALIDITY ACT, l8t).j. 



24a 



spect to tlio colony iiiulef its jurisdiction, have, and be Hoprcsentn- 
, ,,,,,.', , 1 <• ,1 1 , live Iii'tjislii 

ii"enR'a at nil times to havu tunl, full power to nmko laws tm-n may nMcr 

respeetinj,' the constitution, powers, and pi'occduri' of hu(;1i ' ""''"f'tion. 

Legislature ; ))ri)vided tliat siich laws sliull have heen 

passed in sueli nnnner ami form as may from time tn time 

be required. l>y any Act of I'arlianietit, letters patent, Onlei' 

in Couniul, or colonial law foi- tiie time bein^; in force iu 

the colony. 

ti. TIk.' certilic ite of llie clerii nr other pi'opir ot'l'ieer of a Cpvtilloil co- 
let!islati\e hody in any colony to the effect that the docu- HJ! ,n-iac'nce '" 
nicnt to which it is attaclu'd is a true copv of anv 'jolonial that tlie> aro 
1 4. 1 .. 1 *i /. .• 1 " 1 " ,■ properly ps.-- 

law assented to 1)\ tiic dovernor ot such colony, or ot any soil. 

i)ill reserved for the sij,'nification of Her Maji'sty's plea aire 
by till' said (lovernor, shall he iirimn furic evidence that the 
document so certilied is a true copy of such law or hill, and, 
as the case may he. that such law has been duly and 
projierly passed and assented to, or that such bill has been 
duly and pi-operly passed and presented to the Governor ; 
and anv proclamation, purportimr to he i)ublished bv I'roi'lamaiioii 

' . "^ ' 'to he evi'leiictf 

authority of the (iovernor, in any newspaper in the colony <>f assent and 
to which such law or bill shall relate, and sif,'nifyin^; Her ''''"■"''^^" '"■'-'• 
]\rajesty's ilisallowance of any such colonial law, or Her 
Majesty's assent to any such reserved bill as aforesaid, 
shall he prim I facie evidence of such disallowance or assent. 

\ nd whereas doubts are entertained respectiin^ the validity 
of certain Acts enacted, or reputed to be enacted, by the 
Legislature of South Australia : Be it further enacted as 
follows : 



7. All laws or reputed laws enacted or puri)orling to 

have been enacted by the said Legislature, or by poi-sons or 

bodies of persons for the time being actiuj^ as such Legis- ]j^.!.is'"t',in o'l'j 

lature, which have received the assent of Her Majestv in Snitli .Vus- 
. , • , , 1. , ' " trtilia t'^ lie 

Council, or which have received the assent of the Ciovcrnor valid. 

of the said Colony in the name and on behalf of Her 
Majesty, shall be and be deemed to have been valid aiul 
effectual from the date of such assent for all purposes what- 
ever ; proviiled that nothing herein contained shall be 
deemed to give effect to any law or reputed law wliich has 
been disallowed by Her Majesty, or has e.\ ired, or has been 
lawfully repealed, or to prevent the lawful disallowance or 
repeal of any law." 

ii.c.c. 16 



244 



<"(»I,()NlAr, LAWS \AMItirY ACT, )-);,■). 



NOTi:s TO tin: colonial laws VAI.IDII \ ACT. Isr,.-,. 

I Tliis A(!t iH 1!:^ iV- •-'.) Vict. cap. (1:1. Tim tuxt i« ri'in-Jnlcd from llic " Stutiiti"! nt 
Larnt'," vi.l. .wvii, lidiiilnii, l^V>tt. Tlic llnu'lisli •' HiuisiinC is silfiit us to tli« 
roa»iin.-< j,'iv\ii in tlic liritiwli riirliiuiu'iittor cinuaiiit,' it. In point, of iiuixirtHncp. an 
ft charter of coloiiiiil lihorties, it must be allowed n litiice aloufjsiilo of l.,()iil 
Mansfield's jnd^'nicnt in tlic (Jroniidn. i iisc!. Kei> i))i. T!l-N!talH)V»'. 

■.! .AnioMiist llic '■ lii.ws ■' the v'lidity of wliicii was i|i|('stioiM'il. wove " divers Acts" 
l)aHs('(l liy t.lic lai ;isliitnn' of Sontli .\nstraliii "for tlic purpose of iiltf'riiii; tlip 
couslilulion (d' the Ijc^isliilivc Council mid llousi' of .Vssenildy," of tliiit colony 
(Koo si'otion 7 belowi.aud with ii viovv to set iit rest thi! doubts that had been niised 
tho Ih'itish Parliament passmi an Act i'2(l it 'JT Vict. cup. sii "to conllrm certain 
Acts of Colonial Le.usliitures," fhus maUintr it ^'eiiernl in Its operntion. The text 
of this statute is .ilviously a piclude to the " Colonlnl Laws Viilidity .Vc't." Ir i-^ as 
follows: - 

1 " In this .\et of I'ai liiinient the term 'Ccdonial Le;,'isla,turo ' shall mean the 
authority (ollnn' than Her Majosty-in-CounciL eomiKiteiit to make laws for iiiiy 
of Her Majesty'; possessions abroad, except India, the chnnnel Islaucls. and 
the Ish* of Mail. The term ' (tovenior ' shall mean the ollieer hi wtully iidinlii- 
istorin;,' tli(^ Ciovernmeut of any colony. 

•i All laws heretofore passed or purporting' to have iieeii pasKod by any colonial 
Ije.;islature with llii: ob.ject of declaring,' or alieruiK tlio eonstiturion of such 
Lef,'islature, or of any branch thereof, or the modo of apiioinliuL; or eloctiiiK' the 
niembiu's of ;tlie same, shall have, and be d(^eiiuHl to ha\e liail, from the date at 
which the same sliall have recoiv(>d the assent of Her Majesty or ol the (io\enicir 
of the coh)iiy on behalf of Ilei' Majosty. the siime force iiiid elTect for all purposes 
whatever as if tho said Le.^islatiiro had |iossesse(l full )iow(>rs of eiiaetint; laws 
for the ohjecla aforesaid, ami ns if all formalities and conditions liy Act oi' I'ai-- 
liameiiu or otherwi.M' pre-crilied in re.^peci of the piissinii of siieli laws laid h.iii 
duly observe,!.'' 

■A See Tarriny's " Cluipters on the L.iws relatiii;^ to tin" Colonies" (jip. 1-Ji for a 
le^al deriiiitii>ii of the term " eolon>." 

1 See Note "S, p ii I, I'oran illustration f)f the iiuUilication of a Canadian Statute 
//;•() /f/yj^) (>n the ground of " repuKiuxiicy." The .Vets passed for the ret;iilalion "t 
copyri;;ht. in Canada atfm'd othi.'r illustrations of the operation of tho sana; [aiii- 
cii)le. The Im|)c.iial Co]iyri},'lit .\et of lfsl'2 (."i A.- (> \ict. rap. 45) is made applicable 
to "all the colonies, settlements, a.iid possessions of the C^rown, which now are, 
lu- lien'.i.lt.er neiy bo accpiireil." In l-^TJ the C.inudiaii Parliament passed a Copy- 
riLjIil Kill, to w'liich, after it had been resiirvi^d for Her .Majesty's i)leasure, her 
assent was ri'fuseil on the fjround that some of its i)rovisions eonllicted wltli these 
of the Imperial Ci»pyrii,'ht .\ei. S("e l)om. Sess. Pajiers, IS"."). N'o.-J,s. The Caiiadiaii 
Parliament ill 1S7.") passed a. Copyri;;ht .Vet which would also have been iiulliiie I 
oil (he !,'n)iind of '' repugnancy,'' ha.d il been assented to in the usiialway; hut the 
Imiieria.l Parliament in the same year passe-d an .\et (;{,s&;i'.l Vict. cap. rilii autlna- 
i/'.iii^' Her Majesty to f^ive assent by Oriler-in-Coiineil, which was siibsoijiioiitly 
done. Ill the case of Smiles v. Lelford. ((.)nt. Chancery ii.-^ports, vol. 'j:i. pji. .VKI-i'iO.'); 
Out. Appeal llef>orts, lS7('i-77. pp. l:)!'.- 1 IT)), it was decided that the Canadian Act of 
1875 did nor iiiipa,ir the Uritish author's rij^lit under the luiperia, .\ct of ISIJ. 

.', Conip.ire the action of the first Parliament of L'ppm- Canada in repealiiij; part 
of the (Quebec .\ct of 1774, and passiiiLj an .Vet whieli made the '" Laws of Ln^;- 
land " instead of the " Laws of Canada," "the rule of decision in all matter'; of 
controversy relative to property and civil ri^;hts." 

* See Nol(^ -J above. Canada hart in IS.")! been exjiressly authorized to alter tlic 
constitution of her Letiislative (^ouiudl and had ilone so. (See jip. 177-i7'.> above.i 









CT. isr.r, 



I' " Stivtuto^ nt 

I'llt us to tlU! 

i til portii lice, a* 
Ksido of 1,(11(1 

I " (livers Ar-ts" 
) nlteriiin 'lie 
111' that eoloiiv 
lail liccii I'iiixil 
iinrniii cri-tnin 

tldll. 'I'lic t(\l 

vAut." I; i^ .Is 

slinll moan tin- 
ki' liiws for iiiiy 
I'i Islands, mid 
iwl'ully ii.liniii- 

liy liny ooldiiial 
turion of iKUc'h 
or cliictiiij^ the 
oiu tlu- date lit 
)1 tlio CiovcriKir 
for all imriKiseH 

ciuintiiiu liiws 
^ by Act oi I'ar- 

laws had Iccii 

' (lip. l-J.) lor ii 

iiadhiii Stiiliitp 

(■ rctjiilation "t 

tho saini; [niii- 

lo applicalilt' 

lull now aro, 

assod a Copy- 

[iluasure, licr 

I with these 

'he Canadian 

con iiullilicl 

way; hut tlic 

."j,'!) autlior- 

hubsoi]iiriitl:> 

:!, pp. .WO-Cid.'. ; 

adiaii .\ct of 

of isl^. 

'poalinj; luiit 
ia,ws of \-.W- 
ill niatter<! of 

d to alter tlic 
T-i7'.' above. I 



GOVERNOR GENERAL'S COMMISSIONS 
AND ROYAL INSTRUCTIONS.' 



I. Commission and Instructions of Viscount Monck, 

1867. 

I'ndl itjii ( 'onnnissioii to hr iiiissnl iiitdrr the (iiiiit Snil nj the 
I niti'il Kiiiiiiliiin, iiiijiKliitiiiii \ isinitnt Mmiilc l.n in' (iovernor- 
(Iciivinl <>/' ( iiiuiild, iin iitiil ni'ti-r Ihr jir^t ihiij oj .Inly, 1807. 

Vii roKiA. ])y tlio Ciriicc of M(i<l. of the riiitcl Kinjiiloiii of (Irtat lUitaiii 
ami Irt'liiiid, (Jiieeii, J)ffi'ii(k'i- of the I'liitli. to our lli^lit Trusty and 
Well-bolovoil (Jonsin. (,'hark's Stanley, Viscount ^loiick, — GiiKETixa : 

I. Wliereas We iliil, by divers J.etters I'atent, undof tbc (treat Seal of 
Our ('nited Kiuj^doni of (Ireat Britain and Irel.-uid. heariuo date severally 
at Westniin.ster the second day of November, one thousand eijiht liundred 
and si.\ty-one, in tlie 'J'weiity-lifth year of Our lle-iiiii, coiiHtitiite and 
appoint you, (Jur liij^lit Trusty and Well-beloved Cousin, (Iharles Stan 
ley. \iseoinjt INIonck, to lie, lUirin^,' Our pleasure. Our Captain (Jeiieral 
and (iovernor in CJliief in and over Our i'nniueu of ('anada. and in and 
o\cr tile i'ruvinee of No\a Seotia and its l>e])endeneics,' and in and over 
tii( Proviiiee of New llrunswic^li, and also (loNernir Oeneral of all ()ur 
Provinces in North America and of the Island of I'rince lalward,^ as by 
till' said several recited Letters I'atent. relation luiii^^ tiiereunto had. 
may more fidly tiiul at largo a[)[)ear : 

And whereas by tin Act of Parliament passed in tin- Thirtieth year 'if 
'iiir Heign, intituletl, •'The I-5ritish North Aiucriea .\c;t, iStlT." it is. 
aniiingst other things, enacted that it shall be lawful for Vh. liy and with 
iluivdviet! of Our I'rivy (louucii, to declare, by Proclamation, that, on 
and after a day therein appointed, not bei.ig more than Six !\lontlis after 
tlic passing of the said Act, the Pro\ inci s of (Canada, N<jva Scotia and 
XfW Brunswick, shall form and be One Do iiinion, under the name of 
Canada; and on and after that day those three Provinces shall form and 
be One Dominion under that name, accordingly, and that Canada shall 
lie divided into Four Provinces, named Ontario. (Quebec, Nova Scotia, 
ikiid New Brunswick : 



24() 



GOVKllNOU-GRNKUAr/S COMMISSION 



And wliereas We did, on tlie twenty-second day of May. one tlioiisand 
oi^lit hundred iind sixty-Keven. by and with tlie advice of Our I'rivv 
Council, dechire by Prochimation'^' tliat,on and after the iirst (hiy of Juiv. 
one thousand eij^ht hundred and sixty-seven, beini,' witiiin six niontlis 
after the paKsiai; of the said Act, the I'rovinces of Canada, Nova Scotia, 
and New Brun^wicI-;, shouhl form and be One Dominion, luidcr tlie naiiir 
of Canada : 

Now know Vou, that We do by these Presents (hM'iai'e Our jileasurc to 
be, that the said recited Letters Patent, and evei-y cltiusc, article uiiil 
thini^ therein contained, shall lie, and they are hereby declar( d to br 
.Revoked and Determined, on the said first day of July, one thousand 
ei.'.,'lit hundred and sixty-seven : 

.\nd furtlier i\now ^'ou, that \\"e, rii)osinj4 es[)ecial 'J'rusl and ('onli. 
dence in the ])rudence, coura;,'e and loyalty of you, the said ('iiar'is 
Stanley, \ iscount IMonck, of Our special (Jrace, ci'rtain knowlt d^e and 
mere motion, have thoui^ht iit to constitute and apj.oint, and do by these 
Presents constitute and appoint you to be, on and after the sai(i first 
day of July, oiii' tliousand ei^lit hundred and i-;ixly-seven, duriiii,' Our 
pleasure, Our Ciovernor (ieneral of Canada ; and We do hereby autliorizc. 
empower, reipiire and command yon thereafter, m due manner to do and 
execute all thiiiLjs that shall belong (o your said Command and the Trust 
W'e inive repostnl in you, accordim; to the several powers, provisions, and 
directions j.;ranted or ai)pointeil you by virtue of this (3ur f;ommissii)n,and 
of the said recited Act of Parliament, and according' to such instructions 
as ai'e herewith ijiveii to you,'' or which may from time to time hereafter be 
j^iven to you, m respect of the said Dominion o? Canada, under Our Sit^ii 
Manual and Signet, or by Our Order in Our Privy Council, ov by I's, 
through one of Our principal Hecretaries of State, and accui'din^ to such 
laws as are or shall be in force within Our said Dominion. 



II. And We do hereljy authorize and empower you to kee|) and use tlio 
(Ireat Seal of ( 'anada, for the sealiiif^ of all thinj^s whatsoever that shall 
[lass the saiil Seal. 

III. And We do further authorize and empower yon to exercise sill 
such powci's as We may be at any time entitled to exercise, in I'esp'ct 



)f tl 



e constitution and api)ointm<,'nt of .ludecs ; and, in cases re(piisitc, 



Commissioners of Ov<r and 



erminer 



lustic(>s of the Peai 



)t)icr 



necesBarv Ol'ticers and Ministers of Our said Dominion of Canada, for tli' 



better administratii 



)f Justice, and puttiuiJ the laiws into execution. 



I\'. And We do hereby give and ^'rant unto you, so far as We lawfr.lly 
may. full power and authority, ujion sutlicient cause to you ajipearin^'. to 
remove from his Ol'l'ice, or to suspend from the exercise of the same, any 



AND ROYAL INSTRUCTIONS. 



217 



Olio tlioiisiiiid 
nf ( )ur I'rivy 
st (lay of .July. 
11 six iiiontii-i 

, Nova Sr:;t.,lil, 

lukr tlie u.Uiic 

n\Y pleasure to 

^i\ iirtirlr and 

lt'cl;u'( (1 I'l 1)1' 

niic lliousiiiHi 

list iiiul Conli- 
.' siilcl ( "liar'i H 
Uio'.vlt ilijc :i.!i(l 
ii(l <li) hy tlit'se 

the s;u(i first 
11. (hiiii.i,' Our 
•eby iiutii(iri/c. 
imer to ilo aiul 
. and Uio Tnist 
irovisioiis, iuid 
iiniuission, :iiid 
1) instniclioiis 
lie liereaftiT be 
uder Our Sii^n 
iicil, or by I's, 

tdiiig to sucli 



p iiiid list' till' 
ever tliat riliall 



to exi'fcisi' all 
ine, in rospcL't 
asi's recjuisitf, 
!ii;i.', and otlior 
:.'aiia(bi,fortlR' 
) (.•xt'i'uliou.' 

IS Wi' lawfully 
1 a|ipe!irin,t;. to 
the siUiK'. any 



person excrcisinj^ iiny office or pla(-'c within (Jiir said Doniinioii. mult r 
or by virtue of any (loniniission or Warrant ^'rantod, or which may be 
;;iaiito I by Uh<, in t)nr nanio or under Our anthority. 

\ . And We do licrel)y <,'ive and ;,'rant unto you full power and author- 
ity, when you shall see cause, in Our name and on Our behalf, to tyrant 
to any otfender convicted of any crime in any Court, or before any Jud;.;e, 
.histice or Magistrate within Our said Dominion, a Tardon, either free 
or subject to lawful conditions, or any respite of the execution (jf the 
sentence of any such offender, for such iieriod as to you may si'em tit ; 
and to remit any fines, penalties or forfeitures, which may become due 
and payable to Us." 

V"I. And Wii do hereby auihori/,e you to exercise, from time to time. 
as you may jud^e necessary, all powers belon^in^ to I's, in ri'spect of 
Assemhlin.L; oi- I'roro^uin.^ the Senate or the House of Commons of Our 
said Dominion, and of Dissolving the said House of Commons : and 
We do hereby j^ive the like authority to the several Lieutenant (iovernors 
for the time beiiif^, of the Four Provinces in Our said Dominion, with 
rtispect to the fiefiislative Councils or the Legislative or General Assem- 
blies of those Provinces respectively. 

\"1I. And We do by those Pr(;s(}nts authorize and empower you. 
within our said Dvjininion, to exercise all such powers as We may lie 
entitled to exv'i'cise therein, in respect of s^rantint,' Licenses for Marriaj^es, 
Letters of Administration and I'robates of Wills, and with resiieet to 
the custody and niana^'enient of Lliots ami Lunatics, aiul tlu'ir Estates ; 
and to Present anj" person or persons to any Churches, Chapels or other 
K(xlesiastical Meiietices, within Our said Provinces of Nova Scotia ai.d 
New Brunswick, to which We shall from time to time be entitled to 
Present. 

VII 1. And whereas, by the said ri:cited Act. it is aniont,'st other thin^^s 
enacted, that it shall bo lawful for Us, if We think lit. to authorize the 
Governor (ieneral of Canada to apiioint any person or persons jointly or 
severally to be his Deputy ov Deputies within any part or parts of 
Canada, and in that (capacity to exiu'cise, <lurin;4 the [ili'asnre of the 
tluveriKU' (Ieneral, such of the powers, authorities and functions of the 
Governor (ieneral as he may deem it necessary or expedient to assis^n lo 
him or thom, subject to any limitations or directions fnmi time to time 
expressed or ^iven by Us ; now We do hei'ehy aiitliori/.e and empowi v 
you, subject to such limitations and directions as aforesaid, to apjioint 
any person or persons jointly or sevei'ally. to be your Deputy or Dipiitus 
within any part or parts of Our Dominion of Canada, and m tli.il 
capacity to exercise, duriiii^ your pleasure, such of your powers, func- 
tions and authorities as vou may deem it necessary or expedient to 



•248 



GOVF.RNOIl-OKNKKAL S CO.MMl.SSKIN 



assign to liim or tliem : Provided iilwHys, tliat, the iippointriK'nt of siir:h 
a r)epiity or DcputicK slmll not alTt.ct tlu- exert ise of any sncli ptnvcr, 
authoritv , or function by you, the said Cliaries Stanley, \'iscount Mnnck, 
in person. 

IX. And iu cniKo of your cieatii. ineapacily. or absence out of Oiii- said 
I )onunion of Canad:!, ^\'|■ do Uy these I'restnits ^nvo and j^rant, ail and 
singular, the powers and authotities her(;in t<i \i>n -^ran^cHl to Out 
liientenant (loveriior for tlie time beint< of Our said Dominion of 
Canada, or in the al)sence of any sueh J;ieutemint (iovernor to snt-li 
person us we may Vjy Warrant under Our ■■"i,i;n Manual and Sif,'nel, 
a[)j)oint to be the Administrator of the (Jdvernment of Our said I)nui- 
inion. or in tiie absence of any such liientenant Oovei'uor or person as 
aforesaid, to tiie senior Military Oflicer for tiie time beiuL' in comnuuid 
of Our rej^ular forces in our said Dominion, such jiowers and aidliorities 
to be by him executed and enjoyed (hu'lni; Oui- pleasure. 

X. And We do lienby reipiire and comnuind all Oui' Oflicei-s and 
Ministers, civil and military, am. all other the inhabitants of Our said 
1 >onunion of Canada, to be ol)eilii'nt, aiiline, and assisting,' unto yon iu 
the execution of tiiis ()ni' Cninmision, and of the powei's and .authorities 
herein contained. 



I'rdi't i[i Imlnii liitns hi //<■ ixissnl under f/if Uni/al "^iiiii Miiniinl uml. 
Sit/)hl to r/.s(M»»/ Mnnc/,', (i()rrrn<>r-( ii'Kiidl III' ( '(iiutila. 

iNsrun rioNH to Our Ki'^iit Trusts and Well beloved Cousin, (!liarles 
Stanley, \'iscount iUmcU, OurLiovernor-deni'ral of Canada, or, in his 
absence, to Om- Lieutenant* Jovi'rnnr or the Oi'iiier .\ilniii.isli-riny 
the (lovernment of Our Diiininion of (aiuula, fm' the time beinj;. 
Ciiven at Our Court at lialmoral, this I'irst da>- of dune. \xf'i~. in the 
'J'hirtieth Vi'ar nf Our Ifeiiin. 

1. Wdu-reas, h\ (>nr ( '(imniission, nnde;- the (IrcMt Sealof Oiu' Cnitcil 
Kingdom of (ileal llritain and Ireliind. hearing' iven dati' lurewith. We 
iia\i.' constituted aiiil appointed yon, the said < 'jitirles Stanley, N'iscHiiuit 
iMoMck, to lie, (ui and after the lirst day of .Inly, ISbT, (lurin<i < )ur pleasure. 
Our {lo\eiii(jr (ienertil of Canada: .Viid have reipiired you to do and 
execute all thiiii;^ that shall bcloiij^ to your said commtuid. accordini,' to 
the se\< ral powers, provisions, directifuis, and insti'uctions therein iiu'ii- 
tioned. and pai'tieiilarl\- according' to siudi instructions as should be 
therewith yiven to yiui : 



AM) UOYAI, tN'STHrC'llONS, 



249 



rnont of .-iiich 

sncli power, 

eoiint Miinek, 



t of Our said 

L;rarit, all and 

ntcd to Our 

noiniiiioii of 

nior to such 

aiul Sii,<net, 

ir said Diiui. 

or person a^ 

ill coinniaiid 

'I autliorities 



Oliii'ers ;uul 

of Our said 

unto you in 

I autlioritit's 



Mmntiii mill 

Hflil/I. 

-iiu, (!liarles 
la, or, ill his 

iniii.isti'riii',' 
time hciiij;. 
I'^^l'o, ill the 

Our I'nitcil 
■rcwitli. We 
•\, \'iscount 
Uir picasurv. 
to ilo and 
iccordin-^ to 
icroin iiu'u- 
■ should hi' 



Now, therefore, by thcHc Our iiistuictioiis. uiuh-r Our Sifjn- Manual and 
Si^'iiot, beinj^ tho said !ast-riU'utiou<-d iiistriirtioiis, \Vc ih. dtrdaic Our 
will and pleasuic to he, that ou or iiuini'diati'ly aftfr tlu> s;iid First day 
(if July, 181(7, you (h) piihlish Our sii.l ('oniiiiissinii in Our Dominion of 
Canada, iunl d.itakf t\\v Oath!' ;ipponitiHl l.i lie tak.u by an .\(.'t passed in 
tiic ! wenly-lirst and 'rweuiv-socond Year of Our KvU-u, intituled. •■An 
\ -l tosiibstituto out" Oath for (ho Oat!is of .vllci^iancc, Su|>n'inacy, and 
M.juration. and for the relief of l[,.r .Majesty's suhjects professing the 
•lewish reiii^ion ": and lilcewisc that you take the usual Oiith for the duo 
.•xecntion an<l perforni.anee ,if the Oflice and Trust of Our (oivenuir- 
('■> neral of Our said Dominion, and for tho due and impartial Adminis- 
tration of . Justice; which said Oatlis the .liidecs of Our Supreme ( 'on its of 
d within our said 1 )o!iiinii)n, i<v any three or more of siic'i .Indies, 
f iNc hereby full power and autln.nty, and are r.piired to lender and 
Hiniinislor unto vnu. 

11. And We do herel.y eivi :ind c,-iuit. uiitu yon full pow(!r and autlior- 
:' from time t I time, and ai anx lim.' hereafter, hy youiself .w hy any 
:iier p 'rson to he .uithnrizrd hv yon in liuU helialf, in admim-ter I^ all 
and every person (u- per:-ons a-, von sliall think lit. who shall Imk! any 
oltieoor place of triis; or profit, or who shall at an\ time or i imes pas's 
::'i" Our sai<l Donii n inn ..f ( 'iHiada, or who shall he resideni or ahidin^ 
111. •rem. the Oath commonly calleij the Oath of .\lle<,'ianco. to.L;ether with 
--a.l' other O.itli or Oat'.is as mav fi-oiii time to tune he prescribed 
h>. any Laws or Slaim, s m that heliall' made and i)rovided. 

III. And tothoeinl that Our I'riw Council''' for Canada may he assist- 
iiii,' t<i you in all affairs relating.' to ( »ur Si iwico. you are to conimunicato 
to them these Our Im 1 .■ui:t ion.-;, and any additional iustructhni-, which 
may he in likt.' manner hereafter uiven 1o \ou h\ Cs. 

1\ . .\nd We do hereby declare, and it is Our I'ieasiire, that Our said 
l'i'v\ Council shall not proceed to the despatch of business unless dul\- 
summoned by your authority, nor unless four Mi inhe> sof the said Ceiin- 
ci! be present aiul as>istini; at I he meetim;s at which any such husines.s 
shall iv desp.atehed. And W,- ,lo turtlnu- .lirect, that if, in any case you 
See snUlcieiil cause t.) dissent fnuii the opinion of the major |iart or of 
the whole of Our said I'livy Council so present, it shall he competent to 
\o:i to cxeiMite the powers and aulh irities visted in you by Our -.aid 
Coimnissiou. an 1 hy th-se Our I n-l rintion-. in opposition t,, such their 
opinion": it hein.L;. nevertheless, Our I'leasuiv, that in every cas.. it shall 
he .■ompetent to an> Member ..t Our said I'rivy Council to r.-.'ord at 
leiii^th. on the Minutes oi' Our said C.uiucil, the ^^rounds and ivasons of 
Hn\ advice or opinion Ic ma\- !.five upon an> (piestion brought nn ler the 
Odiisideralion of such Council. 



250 



aOVEIiNOK-GKNERAI, K COMMISSION 



V. And it is Our Pleasure and you arc horul)y aiitliorizod to aii[)oiiu 
by an instnuncnt under the Great Seal of Canada, one Mi'niber of our 
said Privy Council to preside in your absence, and to remove liiin and 
appoint another in his stead. And if, durin^^ your absence, the Menihrr 
HO appointed shall also be absent, then the senioi* Menil)er of the Priv\ 
Council, actually present shall ))reside. the seniority of the ^Members nf 
the said Council beinj* regulated aocordin;^ to the date or order of liu-jt- 
respective appointment thereto. 

VI. And We do further direct and command that a fidl and exact 
Journal or Minute be kept of all the Deliberations, Acts, Proceedinfi>i, 
Vote.'S, and Resolutions of Our sai(i Privy Council; and that at eucii 
Meetin}^ of the said Coimcil the Minutes of the last precedin;^ Mcolni^ 
shall be read over, confirmed, or amended, as the case may re(juiri before 
proceedinf^ to the desi)atch of any otliei" business. 

V'll. And for the execution of so much of tlu' Powers vested ni you by 
virtue of the '• British North .\inerica Act, 18(17," as relates to the 
dcclarinj^ either that you Assent in Our Name to Jiills passed by the 
Houses of the Parliament, or that you withhold Our Assent therefrom, or 
tliat you Peserve such Bills for the sij^^nitication of Our [jleasure tlu>reon, 
it ia Our Will and Pleasure that when any Bill is pi'esented to you for 
Our Assent of either of theclasses iiereinafter specified, you sluiil (unless 
you shall think projxu' to withhold Our Assent from tiie same) luseive 
the same for the sij^nification of Our pleasure thereon ; Subject, neverthe- 
less, to your discretion, in I'.ase you sliould be of opinion that an Crt^ent 
Necessity exists, recpiirinj.; that sutdi Bill he brni'f^'ht into immediate 
operation ; in which case you are Authori/.'d to Assent to suiii Hill in 
Our Name, transnuttins^ to Us by the earliest opportunity the iiill so 
Assented to, together with your reasons fur assentni^ thereto; that is U> 
say : 

1. Any Bill for the l)ivorc(i of Pcrso;,-, joined to^^etlier in Holy Matri- 
monv. 



'2. Any Bill whereby any (irant of Ijan<l or .Money, 
or (iratuitv, nuvv he made to vourself. 



other J'ohutinli 



'■i. \\\y Bill whereby an\ Paper or other Currency may he made a 
Lethal L'endor, except the Coin of the Beaim, or other (iold or Sdver 
Coin. 

•1. Any Bill imposin;^ Diflereiitial Huties. 

/). .\ny Bill, the I'ldvisions of which shall iippiar inconsistent with 
obli^^ations imjio,-<ed U|ion (Is by Treaty. 

*■>. .\ny Bill intrrferiiiti with the disciplii.e or cuitioj of ()ur i''oices in 
Our Buid Dominion hv land and sea. 



AND ROYAL INSTRUCTIONS. 



•i.U 



'I to ajipoiiu 

■niher of our 

ove liiiii and 

tile Menibcr 

of tliL' Privy 

MonibcTs of 

• rdcr of tiu-ir 

11 ami exact 
Proceeding's. 
Imt at eacli 
in;,' Meeting' 
'iluirL- before 

ed 111 yon i)y 
lates to the 
-ssed by the 
lierefroin, or 
lire thereon, 
mI to you for 
chilli (unless 
niel IJeserve 
I't. ueverthe- 
t an (Jrt^ent 
' inuiiediate 
siii'h l>ili ill 
the Jiill HO 
); that IS to 

iluly Matri- 

r I'oiiution 

hp made a 
I or Silver 



intent witli 



r Forees in 



7. Any Bill of an extraordinary nature and importanee, whereby Our 
Prerogative, or the rights and property of Our suI)jeetH not re>idlnj,' in 
Our said Dominion, or the trade and shippin<^ of the United Kin<,'<roiri 
ami its dependencies, may be prejudiced. 

8. Any Bill containiiift provisions to which Our Assent has been once 
refused, or whicli has been disallowed by l^s. 

VIII. You shall take care that all laws assented to by you m Our 
name, or reserved for the si^^nitication of Our pleasure thereon, br duly 
transmitted to Us with such explanatory observations as the nature of 
each law may recpiire, and you are also to transmit fair Coj;ies of the 
Journals and .Minutes of the Proceedin^;s of the said Houses of the Par- 
liament, which you are to recjuire from the U-lerks or other proper Oftieers 
in that behalf of the said Houses of the Parliament. 

IX. And whereas We have by Our said Commission ;,'iven and granted 
unto you full power and authority, when you shall see cause, to pardon 
offenders convicted of any crime, and to remit Imiics, Penalties, and For- 
feitures : Now We do liereby enjoin you to call upon the Jud^'e presiding 
at the trial of any offenders to make to you a written report of the cases 
of all persons who may from time to time be condemned to suffer death 
by the sentence of any Court within (Jur said Dominion, and such reports 
of the said Jud-e shall by you he taken into consideration at the first 
meetiii}.; thereafter whicli may be conveniently held of Our said Privy 
Council for Canada; and you shall not pardon any si.cli offender unless 
it shall apijear to you eximdient so to do, iiiion receiviii)^ the advice of 
Our said Privy (^)uncil therein, but in all such cases you are t:) decide 
whether to extend or withhold a pardon, according' to your own deliberate 
.judftment whether the Members of Our said Privy Council concur there- 
in, or otherwise; Entering-, nevertheless, on the Minutes of the said 
Council, a Minute of your reasons at lent::th, m case you should decide 
any such question in opposition to the jud^'ment of the majcjrity of 
Members thereof. ' - 



X. It is Oui' flirt: 



\VV Wll 



and 



pleasure that all rommissions to be 
j^raiited by you to any person or persons to be .Iiid^e. Justice of ib,. 
Peace, or other necessary O.'licer. nless otherwiM' provided by l;,w, be 
^'ranted diuiii'? Our pleasure only. 

XI. And whereas by Our said Commission We have authorized you to 
present any person or persons to any Church, Chapel, or other Ecclesias- 
tical Benefice, within our said Provinces of Xova Scotia and New Bruns- 
wicK, to which We may from time to time be entitled to present, We do 
<l<x;hire Our will in.', pleasure to bo that you do not present any MinisK'r 



^'i'l 



(lOVKKNOU-OKNKRM. H COMMISSION 



of thu United Church of Fjiii,'hiii(l and frohiud to any Kcclesiastical 
Jienefico without a ('crtiticatL' from tlie Bisht)i) for the? time being of tlu; 
Diocese in which su(;h presentation is made, or liis Commissary, of his 
being conformable to the doctrine and discipline of the said Cliiiich. 
And it is Our will and pleasure that the person so presented shall be 
institnte<l by the said l>ishoj). or his Commissary duly authorized by 
him. 



X[[. And wherivis you will receiv.- thiongli one of Our principal 
Secretaries of State a Hook of Tables in blank (commonl\' c.illfd tlu- 
•■ Blue J'look '' ^ to be a:inuall>' lilliil up with certain Ketu)-i,s relative to 
the lievenue and l^xpenditur(\ ^lilitm, I'ublic Works, Legislalioii. Civil 
J'lstablisliment, Pensions, Populations, Scln'ols, Course of I'.xchange. 
Imports and liXports, Agricultural Fro lucf. ^lanufactnres. and, other 
matters in the said '■ I'lue i'nok " mor'' particularly speciiied, with 
reference to the state and condition of Our s.iid Dominion nf Canada; 
Now We do hereby signif\' Oui' pleasur.^ that all such Keturns he 
jiccurately jirrpared and |)U!ictU!\ns traiisni'tte.l to [^s through one uf 
Ou!' ])rincipal Si'cri^aries of State. 

.Kill. And whereas grctit prejuiliee m ly ha pjn/n to ( )ui' si-'-vice and to 
the security of Our said Onmininu by the abseiRc of the (iovernor 
Ceneral, you shall not. upon any prelenci' whatever. i{uit the said 
Douunion without having first obtained leave from Us for so doing, under 
Our Sign-Manual and Signet, nr throuub t.ni' I'f Oui' jirincipul Secretariesj 
of Slate. 



AM) KOVAI, IN.Vl'UrcTIDNS. 



•J") 8 



2. Letters- Patent' and Instructions, 1878. 

I>rai't(>/ L,'ttrrs-I',itnit /i<issr,l iinilrr thr (imd Sail of tlw InitM 
Kiw/dom, rnnstiliitin;/ t/ir Ojjirr „/ < 1 m-rnKir-H nural nf the 
Ihwinioii III' ( 'dtidihi . 

l.ftlrrs-Pfitrnt, I 

Ihitrd otii Octoli.'r. 1S?S. , 

Vktuuia, by tlieOnico of (;.„!. of l\w rirtcl Kiim<loiM of (iival Uritaiu 
and Ireland, Queen. Defender of ili.. Faitli, llnipivss of India; To 
all to whom these Presents sliall come, (Jieetinj,' : 

WiiKKKAs We did, by certain l.etteis-l'atent under the (Ireat Si'al of 
Our United Kingdom of Cr.at iJritain and Ireland, bearing,' date at 
NVesiminster the 'J'wenty-sec.jnd day of May, 1.s7l\ m tiie Thirty-lifth 
Year of Our Hei^m, constitute and appoint Our Hitiht Trustv an.l Hif,'ht 
Well-beloved Cousin and Councillor, I'rederick 'J'emple, Earlof DutfeHn. 
Kid.^ht of Our .Most Illustrious Order of Saint I'atrick, Kni^hl Com-" 
nmnderof Our Most Honorable Order of the JJ.th (now Kni.ilu Crand 
Cross of Our .■\b)st J )istin;4uished Order of Saint .Micliael and Saint 
(Jeor-,'e), to be Our Governor-General in and over Our Dominion ,.f 
Canad.a for and dui-in<,' Our will and |)leasure: 

.\jid whereas by tiie 1-Jth section of •• 'j'hc British Nortii .Vmerici .\,.t. 
l8tJ7," certain powers, authorities, and functions were dechnvd to be 
vested in the (ioveriior-General : 

And whereas We are desirous of making' effectual and penuanent 
provision for the otnce of Governor-General in and over Our said 
1 '<.niinion of Canada, without making,' new Letters- Patent on each demise 

of tiie said Ollice: 

Now know ye that We Inive revoked and determin.'d. and by these 
presents do revoke and determine, the said recited Letters- Patent of 
ti.e 'rwenty-.second dav of .May. 1872, and every clause, article and thin^ 
ihei'ein containetl : 

.Vnd further know ye th;.t We. of ,,nr special ^race. crtain know- 
ledye, and mere motion, have thou^^iit lit to constitute, order, ami 
dechire, and do by these ])resents constitute, order, and de.'iare liial 
Uiere shall be a Governor-(ienei'al iliereinafler called Our said (iuv.'r- 
nnr Cienerall in and over Our Dominion of Canada (hereinafter called 
Our said Dominion), and that the (lerson who shall (ill the said 
Ollice of tlie Governor-General shall be from tinu' to time appointed 
by C:ommissi,m under our Sia,|.:Manual and Si-net. .And we do herebv 






t 



254 



GOVERNOR-OKNKllAL H COM>riHSIOM 



imtl)()ri/,f iiiiil CDiiuiiand Our said (;ovefi,or-(u'nei':il to do iiiid cxeeiite. 
in due iniiniier, all thing's that shall bcdun^ to liis said CDininaiid, and tn 
tiie tnist Wo liave reposed in him, according,' t') the several powers ami 
autliorities j^rauti-d or appointeil him by virtue of " Tiie llritish North 
America Act, isd?," and of tlu-'se pi'esimt lietters-l^iteiit, and of such Com- 
mission^ ' as may bo issued to him under ()\iv Si.L;n- Manual and Si.L,'net. 
and acc/ordinjj to such Instructions as may from time to tinu; bo ^iven to 
liini, under Our Si}^n-Manual and Sij,'net, or by Our Order in Our Privy 
(■ouncil, or by us through oue of Our I'rincipal Secretaries of State, and 
to such I>a\vs MS are or slnill hereafter be in f<jrce in Our said l)onunio)i. 

II. And We do liereby authorize and emi)ower Our said (iroveriioi- 
General to keep ami use the; Great Seal of Our said Dominion for s^ealini: 
all thinj^s whatsoever that sliall pass the said Ciroat Seal. 

III. And Wo do further authoi-i/e and em[)o\ver Our said f^lovernor 
General to constitute and appoint, in Our name and on (Jur behalf, all 
such Judf^es, (Jommissiouors, .lusticos of the Pi^ace, and otiior necessary 
Olficors and Ministers of Our said Dominion, as may l)i' lawfully con- 
stituted or appointed by Ks.' "■ 

I\ . .\iid We do fui'ther autliori/.e and empower (Jur said (Jovernor- 
Genoral, so far as wi; lawfully may, upon sufhcient cause to him appeal- 
ing^, to remove from his ollice, or to suspend from the exei'cise of tlie 
same, any person e.xeroisint,' any ollice within Our said Dominion, under 
or by virtue of any ('ommission or Warrant granted, or which nuiy ';e 
j^ranted, by Us in Our name or under Our authority. 

\'. And We do furtlier authorize and c;mp)wer Our said (iovernoi- 
GeiK'ral to exercise all powers lawfully belonf^in;^ to us in res[)ect oi the 
summonin<4, proroi^uinj^, or <lissoIvin,t; the Parliament of Our said D(3- 
niiuion."' 

V'l. And whereas by "The i'.ritisii North America Act, 181)7,' it is 
amongst other things enacted, that it shall be lawful for Us, if We think 
lit, to authorize the Governor-General of (Jur Dominion of Canada to 
appoint any [)orsou or persons, jointly or aoverally, to be iiis Deputy or 
Deputies within any part or |)arts of Our said Dominion, and in that 
capacity to exercise, during the; iiloasuro of Our said Gov<>rnor-General. 
such of the ])owers, aiithoi'ities, and functions of Our said (iovernor- 
General as he may deem it necessary or expedient to assign to such 
Deputy or Deputies, subject to any limitations or directions from time to 
time expressed or given by Us : Now We do hereby authorize and em 
l)ower Our said (Jovornor-General, subjeiit to such limitations and direc- 
tions as aforesaid, to appoint any person or persons, jointly or severally. 
to be his Deputy or Deputies within any part or i)urts cf Our said Do- 



I 



AND ItOYAL INSTRUCTIONS. 



<■) f\ n 



million of Canada, and in that oapacity to exorcise, diiritiir Ids idcasurc, 
such of Ins po'.vers, functions, and antlioritios as lie may dpoin it iieccs. 
sary or e\|) ■dient to as-du'ii to him or them : Provided alwax's, that tlie 
ai)pointm(nt of sncli a Deputy or Deputies shall not affect tlu,' e.Nercisu 
of any such power, authority or function hy (Jur said (iovernoi' Ceiieial 
ill |)erson. 

VIT. And \Ve do lierehy declare Our ))leasure to Ix; that, iu tlu' event 
of the death, incapacity, removal, or absence of Our said Clovernor- 
General out of Our said Dominion, all and every the powers and 
a,uthorities herein <,'ranteil to him sliall. until Our further jileasuro is 
sij^nified thei-ein, he vested in such prison as may le appointed l)y Ts 
under Our Hi'4n-Manual and Si^'iiet to bo Our Lieufenant-dovornor of 
Our said Dominimi : or if there sliall be no su(di rdeuteiiant-Chivernor in 
Our said Dominion, then in such person or ji ^rsons as may i)e appointed 
by i:s muUr Our Si,i,'n-.Manual and Si^'net to administer tlu; Oovcrnment 
of the same; and in case there shall he no person or iiersons within Our 
said Dominion so appointed by Us, then in the Senior Otiicer for the time 
heiiiL! ill command of Our re<,'ular troops in Our said Dominion: Tro- 
vided that no such jjowers or authorities shall vest in sucli Ideuteiiant- 
(lovernor, or such other person or persons, until he or they shall have 
taken the oaths appointed to be taken by the Governor-General of Our 
said Dominion, and in the manner provided hy the Instructions acconi- 
panyiiiL; these Our Letters-Patent. 

Viri. .Xnd \\'e do hereby require? and command all Our Ofiicers and 
Ministers, Civil and Military, and all other the inhabitants of Our said 
Dominion, to be obedient, aidiii-,' and assisting,' unto Our said Governor- 
General, or, in the event of Ids death, incapacity, or tihsenco, to such 
jiersoii or persons as may, from time to time, uiKler the provisir)iis of 
these Our Letters-Patent, administer the Government of Our said Do- 
minion, 

IX. And We do hereby reserve to Ourselves, Our heirs and successors, 
full power and autliority from time to time to revoke, alter or amend 
these Our Letters-Patent as to Us or them shall see n meet. 

X. And We do further direct and enjoin that these Our I. otters- 1 ateiit 
shall be read and proclaimed at such j.laco or places us Uur said Gov- 
ernor-General shall think ht within Our said Dominion of Canada. 

In Witness whereof We have caused these Our Letters to he made 
f'atent. Witness Ourself at Westminster, tlu- I'itth day of October, in 
the Forty-second Year of (Jur Hei^n. 

By Warrant under the (^)ueei;'s Hi^n-Mamial. 

C. KOMILLY. 



250 



(lOVKKNOIliilONKHAI. S COMMISSION 



l>r(if't (if liistnirtinH.s piissi'il iimltr t/ir lli'iinl Sii/ii-Mttniiitl aihi 
Sii/iirt to fill' (inn'niiir-( iriimiL nf tlir I idiniiiinii nf i\inndii. 



Ihlti'il 'ttJi ()rtnliri\ /.S/'.s. 

[nstnictioiis to Our f InviTiiDr-Cn'iuTal in and ovrr Our Doiiiininn of 
Ciiiiada, or, in his Mhscnf^i'. to Our Lieutcnant-CJovi'i'nor or the O'ticcr 
For tlu' time lining Mtlininislcrin^ tlic- ( lovcrnnu'iit of Our said I)f). 
niinum. 

Given a< Our (nurt ;i.t IJalnionil, liii< I'iftli d.iv of October, l^T-S, in 
lu! I''orty-s(Hr(ind war of Our Kci'^ri. 

VViii'.itKAS by certain Lelters-I'atiiit liearini,' even date berrwitli. Wv 
have constituted, ordered, and doclare<l thai theie sliall be a(Jovernor- 
(rener:i.l (hereinafter called Our saiil ( iovernor-Crenoral) in and over Our 
l)oinini;)n of Canada (hereinafter calliMl Our said Doniiuiiui). and W'r 
have thereby anthori/,ed and coniniantled Our sai<l (lovernor (Jeneral to 
ilo and exetniLe in due maimer all thiio that >^hall lieloni,' to his said 
coininaiid, and to the trii-t We liav( reposed in hie.i. aei-ordini; to the 
si!veral poweris and anfhorities i;raiiled or appointed liiin by . irtiie of the 
said Ijettors-l'atenti and of siicli Coniniission iis may be issued to him 
under Our Sii,'ii-?[annal and SiL,'net, and accordiii;,' to such Instnutioii>< 
its may from time to time be ,i,'i\i ii t" liini, iindei' ()ni' Si'^n-Manual and 
Si'_!net, or by Our ( )rder in i)ur I'nvy Council, or by I's ihroiieli On,, of 
Our L'riiu'.ipal Secretaries of State, and to such Laws iis are or sliall 
lieri^afler lii> in force in Our said Doiniuicin : 

Now, llierefoi'e. We do. bv these. ()ur I n;-.ti'ucti()ns under Our Si^n- 
Manual and Si;;iiet, declare ()ur pleasure to be that (Jur said (roveriior- 
(lenoral fiu- the time beiii-; siimU, with all due sii|einnit>', cause Our 
Commission, imder Our Siiii-Manual and Signet, appointing; Our saiil 
( iovernord ieiieral \'oy the tinu' b.'iii',', to be read and ))ublished in the 
presence of tlu' Chief .lustici' for the time beint;. or other diid^'eof the 
Siipri'iiu? Court of Our said Dominion, and of the members of the Privy 
0)unc;il in Onr said Dominion : 

.Vnd We do further declare Our pleasure to be tliat Our said Crovernor- 
(Teueral, and every other ollieer a[)poiiited to administer the (lovernment 
of Our Hiiid Oominion, shall take the Oath'" of Alle^dance in the form 
provided by an Aet j)assed in the Session holden in the thirty-first and 
tliirty-second years of Our Ueiiiii, intituled : "An Act to Amend the Law 
relating,' to Promissory Oaths;"' and likewise that lie or they shall take the 
usual Oath for the due execution of the (.)i'tice of Onr Governor-General in 
and over Our said Dominion, and for the due and impartial administration 



ANI> ROVVI. INSTRt'CTIONS. 



'257 



IMlctlOllS 
ill .111(1 
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Si«n- 
jviTiior- 
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of lustico ; wliich Oatlis the said Cliief .Iiistice for the time l)eint^, of Onr 
said l")oniiiiion, or. in his ahseiiee, or in the event i>f liis heiiiL,' otlii>rwiR(> 
incapacitated, any .ludLie of the Supreme Court of ()iir said |)i)miiiion 
siiall, and lie is hen hy reipiired to tnider and adiiiinister miio liim or 
them. 

H. .\nd We do aiilhoii/e and roipiire Our saiil Crovoriior-rienerMl from 
time to time, by iiimself or by any other )>ersoii to lio authorized by him 
ill that Ix'lialf, to administer to all and to every per.sons or person as he 
shall think tit, wiio siiali iiold any ottice or place of trust or profit in ( lur 
said Dominion, tin' ^aid ()ath of .Mlej^iaiice, together with siieh oilier 
Oath or Oaths as mas from time to time, be pre^cribtd by any Laws or 
Statutes in that belialf made and providi'd. 

111. .Villi We do ri^piire Our said (loveriior (leneral to eominuni(;ate 
forthwith to the Privy Couneil for Our said Dominion these Onr Instruc- 
tions, and likewise all siicli others from time to time as he shall fmd con 
vonient for Our service to be imparled to tluMii. 

r\'. Onr said (.lo\eriior-(;eiural is to takicare that all laws assented to 
by him in Our name, or resi/rved for the si^uilication of Our pleasuri' 
thereon, shall, when transmitted by him, be fairly abstracted ui the 
margin.^, and be accompaiii(ul. in suih casis as may seem to him neces- 
sary, with such i\planatory observations as mav be reipiired to exhibit 
the reasons and occasions tor proposing; such Laws; and he shall also 
transmit fair copiis of the .lournals and Minutes of the proceediir^s of 
the Parliament of ()ur said DominiiJii. which he is to roipiiie from the 
iderks. or other propi'i iillicers in that bdiaif, of the said Parliament. 

V. .And We do further authori/.c and empower ()ur said (loverii'ir 
General, as lie tihall see occasion, in Our naiiit! ami on <)ur behalf, when 
any crime has licen committed for which the oifeiider may be tried 
within Onr saitl Dominion, to ^rant a pardon to any accomplice not beiiij^ 
the actual perpetrator of such crime, who shall i^ive such information as 
shall lead to the conviijlion of the principal ot'lender; and further, toi,'raut 
to any offender convicted of any crime in any Court, or before any •)ud,-;e 
.Instice, or Mai^istrato. within Our said Dominion, a [lardon, either friHi 
or subject to lawful conditions, or any respite of the execution of the 
Kenleiice of any such offender, for such period as to Onr said OoveriK'r- 
rjeneral may seem lit, and to remit any tines, penalties, or forfeitures 
which may become due and payable to I's. Provided always, that Our 
Haid Governor-General shall not in any case, except where the offence has 
been of a political nature, make it a condition of any partion or re- 
mission of sentence that the offender shall be banished from or ahall 
absent himself from Our said Domiiiioii. .Xnd We do hereby direct and 




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GOVERNOR-GENERAL S COMMISSION 



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enjoin that Oar said Governor-General shall not pardon or reprieve any 
such offender without first receiving in capital cases the advice of the 
Privy Council for Our said Dominion, and in oiher cases the advice of 
one, at least, of his Ministers ; and in any case in which such pardon or 
reprieve might directly affect the interests of Our Empire, or of any 
country or place beyond the jurisdiction of the Government of Our said 
Dominion, Our said Governor-General shall, before deciding as to either 
pardon or reprieve, take those interests specially, into his Qwn personal 

consiaeratidli' In conjunction with such advice as aforesaid. ^^ 

«. ,.,.■'.- 

VI. And whereas great prejudice may happen to Our service and to the 
security of Our said Dominion by the absence of Our said Governor- 
General, he shall not, upon any pretence whatever, quit Our said Do- 
minion without having first obtained leave from Us for so doing under 
Our Sign-Manual and Signet, or through one of Our Principal Secretaries 
of State. 

V.R. 



3. Commission^'' of the Marquis of Lome, 1878. 

Draft of a Commission parsed under the Boyal Sign-Manual and 
Signet, appointing the Right Honourable the Marquis of Lome, 
K.T., G.C.M.O., to be Governor- General of the Dominion of 
Canada. 

Dated 7th October, 1878. 
VICTORIA R. 

Victoria, by the Grace of God, of the United Kingdom of Great Britain 
and Ireland, Queen, Defender of the Faith, Empress of India, To 
Our Bight, Trusty, and Well-beloved Councillor Sir John Douglas 
Sutherland Campbell (commonly called the Marquis of Lome), 
Knight of Our Most Ancient and Most Noble Order of the Thistle, 
Knight Grand Cross of Our Most Distinguished Order of St. Michael 
and St. George, Greeting : 

Wb do, by this Our Commission ucder Our Sign-Manual and Signet, 
appoint you, the said Sir John Douolab Sutherland Campbell (uommonly 



mmt 



AND ROYAL INSTRUCTION. 



269 



called the Marquis of Lome), until Our further pleasure shall be signified, 
to be Our Governor-General in and over Our Dominion of Canada durinp 
Our will and pleasure, with all and singular the powers and authorities 
granted to the Governor-General of Our said Dominion in Our Letters- 
Patent under the Great Seal of Our United Kingdom of Great Britain 
and Ireland, constituting the Office of Governor, bearing date at West- 
minster the Fifth day of October, 1878, in the Forty -second year of Our 
Beign, which said powers and authorities We do hereby authorize yon to 
exercise and perform, according to such Orders and Instructions as Our 
said Governor-General for the time being hath already or may hereafter 
receive from Us. And for so doing this shall be your Warrant. 

II. And We do hereby command all and singular Our officers, Ministers, 
and loving subjects in Our said Dominion, and al'. others whom it may 
concern, to take due notice hereof, and to give their ready obedience 
accordingly. 

Given at Our Court at Balmoral, this Seventh day of October, 1878, in 
the Forty-second year of Our Beign. 

By Her Majesty's Command, 

M. E. HICKS-BEACH. 



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GOVERNOR- GENERAL S COMMISSION 



NOTES TO GOVERNOR S COMMISSIONS. 






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1 The changes which took place in 1878 in the form of the Oommishion to the 
(Governor-General of Canada, and also in the Instructions accompanying the 
Commission, made it necessary to introdnce these documents from two difPerout 
periods. Those issued to Lord Monck are selected because he was the flrtit 
Governor-General of the Dominion of Canada, and those issued to Lord Lnine. 
because he was the first appointed after the changes above referred to were madu. 
The changes themselves can easily be ascertained by a comparison of tlm texts, 
and a lucid account of the circumstances which led to them will be found in Todd's 
" Parliamentary Government in the British Colonies," pp. 77-90. These docu- 
ments may be usefully compared with the Commission issued to Governor 
Cornwallis, of Nova Scotia, in 1749 (pp. 9-16 above), and the Commission issued ti> 
Governor Murray, of Quebec, in 1763 (pp. 74-77 above). liord Monck's " Commis- 
sion " and "Instructions," 1867, are reprinted from the Doin. Sess. Papers of 1HG7, 
No. 22. 

•i The " Commission " and "Instructions ' issued to liord Monck in 1861 do not 
differ materially from those issued to Sir -lohn Young (ai i- -'ards Lord Lisgari in 
1866, and to Lord Dufferin in 1872. 

* The most important was Cape Breton. 

4 Lord Monck did not actually administer thelGovernment in Nova Scotia, New 
BruDSwick, and Prince Edward Island, each of which had its own Lieutenant- 
Governor, while the '' Province of Canada " under the Union .\ct of 1840 had none. 
liOrd Durham had come to Canada in 1838, after having been appointed " by five 
several Commissions" Governor of each of the Provinces of power Canada, Uppor 
Canada. Nova Scotia, New Brunswick, and Prince Rdward Island ; by an additional 
Commission he had been created " Governor-General of all the Provinces on the 
Continent of North America and of the Islands of Prince Edward and Newfound- 
land," each of the Provinces except Lower Canada, which was administered by 
Lord Durham himself, having its own Lieutenant-Governor. For the text ol his 
Commission as Governor-General see Chi-istie's " History of Lower Canada," vol. 
y., pp. 149-152. Sir George Arthur, then Lieutenant-Governor of Upper Canada, 
was the last who held that office. The successors of Lord Durham, prior to Lord 
Monck's appointment, were (1) Charles Edward Poulett Thompson (afterwardH 
Lord Sydenham), whose Commission appointed him in 1839 " Governor-General 
of British North America, and Captain-General and Governor-in-Chief in and over 
the Provinces of Lower Canada and Upper Canada. Nnva Scotia, New Brunswick. 
and the Island of Prince Edward " ; (2) Sir Charles Bagot, 1842 ; (.H) Sir Charles 
(afterward Lord) Metcalfe, 1H43; <4iLord Elgin, 1846; Hnil i5)Bir Edmund Walker 
Head, 1854. 

See Note 5, p. 231 above. 

*! See pp. 248-252 above. 

7 This and the live following sections of the Commission must be read in the 
light of the discussions of a quarter of a century before on the subject of " Respon- 
sible Government." See Appendix E. A good account of the crisis precipitated 
by Lord Metcalfe's action in 1843 in appointing an officer connected with the 
administration of justice without consulting his Executive Council, the Lafon- 
taine-Baldwin Ministry, will be found in Dent's " Canada since the Union of 1841, " 
vol. I., pp. 320-351. See also Sir Francis Hincks' " Reminiscences." 



Eli 



mm^^ 



AND ROYAL INSTRUCTIONS. 



261 



f* The last exercise of this prerogativH by a Canadian Governor, without tha 
advice of bis responsible Ministers, was by Lord Dufferin in the case of Ambrose 
Lepine, in 1875. The death sentence pronounced upon him for complicity in Lhe 
murder of Thomas Scott during the Bed River rebellion of 1869-70 was commuted 
to two years' imprisonment with permanent deprivation of political rights, and 
Lord Dufferin, in an official communication to the then Minister of Justice, stated 
that be acted " under the Royal Instructions, which authorize the Governor- 
General in certain capital cases, to diHpense with the advice of his Ministers, and 
to exercise the prerogative of the Crown according to his independent judgment 
and on his own personal responsibility." As to the " Instrnctions " here cited, see 
p. 251 above. Lord Duiferin's officirJ letter to the Minister of Justice will be 
found in the " Canada Gazette Bxtra " of Juno Id. 187.'>, and in Dom. Sess. Papers 
for 1875. No. 11. An accurate summary of the wliolo case, together with a dismis- 
sion of the administration of the prero^'ative of mercy in other self-governing 
colonies is given in Todd's " Parliamentary Government in the British Colonies," 
pp. 251-274. Compare Section V. of the"Koyal In.struttions ' of 1«78 (pp. 257-258 
above). The Lepine commutation case was discussed witli approlmtion in the 
House of Lords (Hansard, Third Series, vol. 22:^, pp. 1005-1077). 

y Compare the " Royal Instructions ' <>f lH7Hip. 256 above). 

10 This term was uitroduced into Canada by the Confederation .^ct, 1N0T 
(section 11). 

11 See Note 7 above. Compare on this point the " Koyal Instructions " of ltj7H 
(pp. 256-258, above). See also Todd's " Parliamentary Government in the Hritish 
Colonies" (pp. :«l-34a); Dom. Sess. Papers for 1876, No. 116; ibid for 1877, No. 89 ; 
and ilnd for 1879, No. 181. As to the effect of refusal of advice by a Governor, note 
the precedent set by the Lafontaine-Maldwin Ministry in 184:«. 

12 See Note 8 above. 

i:< Prior to the issue of these " Lotters-l'atont" there was no permanently con- 
stituted oiflce of " Governor-General " of Canada, each successive Governor having 
been apponited by a special " Commission " which defined his functions, and 
informed by siiecial "Instructions" as to the manner in which he should 
discharge them. .As to the course of events which led to the issue of these 
" Letters-l'ateiit " making the office a lermanent one, and to the issue of per- 
manent " Uoyal Instructions" to accompany them, see Todd's ''Parliamentary 
Government in the Kritish Colonies " ipp. 77-90); Dom. Sess. Pai>ers, 1877, No. 13; 
iftjd, 1879, No. 181 ; and Hansard, Third Series, vol. 244, p. 1:I12. The documents 
are reprinted from the Dom. Seas. Papers <>' 1879, No. 14. 

•« See "' Commission " to Lord Lome (pp. 2.5S-2.59 above). 

I'"* See Note 7 above, 

i« For a useful discussion of the relation of i (iovernor to bin responsible Minis- 
ters in re!»ard to the matters liere enumerated, si-o Todd's "Parliamentary 
(iovernment in the Hritish Colonies," p|). I6(K>7.>. 

17 Compare the " Uoyal Instructions," p. 249 above. 

1" See Note 8 above. The whole subject of the exercise of the prerogative of 
mercy is discussed 
Colonies, " pp. 2.')l-274. 
and ibid, 1879, No. 181. 

■u With the office of Governor-General penniiiientlv constituted under the 
" Letters-Patent" of 1878 nothing beyond a brief (Commission referring to the 
" Letters- Patent " is necessary to the appointment of a new incumbent. The 
■uccesBors bo far of Lord Lome, have been d) Lord Lausdowne, whose Com- 



in Todd's " Parliamentary (iovernment in the British 
See also Dom. Sess. Papers. lH7t). No. 117; ihid, 1877, No. 13; 






i! 






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262 oovbrnor-gbnisral's commissiok and instructions. 

mission is dated August 18th, 1883, aad (2) Lord Stanley of Preston, the date of 
whose Commission is May Ist, 1888. 

ao Some changes have been made in the form of the Commission since 1878, and 
to show their nature the Commission to Lord Stanley of Preston is here given 
from the official printed eopy: 

" We do by this Our Oommission under our Sign Manual and Signet appoint 
you, the said Frederick Arthur, Baron Stanley of Preston, to be during our 
pleasure our Governor-General in and over our Dominion of Canada, with 
all the powers, rights, privileges, and advantages to the said office belong- 
ing or appertaining. 

II. And we do hereby authorize, empower, and command you to exercise 
and perform all and singular the powers and directions contained in our 
Letters-Patent under the Great Seal of our United Kingdom of Great Britain 
and Ireland, bearing date at Westminster, the fifth day of October, 1878, 
constituting the said office of Governor-General, or in any other Letters- 
Patent adding to, amending, or substituted for the same, according to such 
orders and instructions as our Governor-General for the time being hath 
already received from us, or as you shall hereafter receive from us. 

III. And, further, we do hereby appoint that so soon as you shall have 
taken the prescribed oaths, and have entered upon the duties of your office, 
this our present Commission shall supersede our Commission under our 
Sign Manual and Signet bearing date the eighteenth day of August, 1883, in 
the forty-seventh year of our reign, appointing our right trusty and entirely 
beloved cousin, Henry Charles Keith, Marquis of Lansdowne, now Knight 
Grand Gross of our most distinguished Order of Saint Michael and St. 
George, to be our Governor-General of our Dominion of C" lada. 

IV. And we do hereby command all and singular on: fficers. Ministers, 
and loving subjects in our said Dominion, and all others whom it may con- 
cern, to take due notice hereof, and to give their ready obedience accordingly. 

Given at our Court at Windsor, this first day of May, 1868, in the fifty-first 
year of our reign. 

By Her Majesty's command. 

Knutsfobd." 



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gust, 1883, in 
lud entirely 
now Knight 
ael and St. 

I, Ministers, 
it may con- 
iccordingly, 

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JT8F0RD." 



APPENDIXES. 



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APPENDIX A. 



EXTRACTS FROM TREATIES' RELATING TO CANADA, PRIOR 
TO AND INCLUDING THE YEAR 1783. 



■Hi 



1. The Treaty of Ryswick, 1697. 

VII. The Most ChriHtian King'*) shall restore to the said King''* of Great 
Britain all countries, islands, forts, and colonies, wheresoever situated, wlncli 
the English did possess before the declaration of this present war. And in 
like manner the King of Great Britain shall restore to the Most Christian 
King all countries, islands, forts, and colonies, wheresoever situated, which 
the French did {xtssess before the said declaration of war ; and this restitution 
shall be made on both sides within the space of six months, or sooner if 
it can be done 

VIII. ConmiisMioners shall be apiiointed 4)n both sides to examine and 
determine the riglits and pretensions which either of the said king^ hath to 
the places situated in Hudson's Bay* ; but the possession of those places 
which were taken by the Frencli, during the peace that preceded this present 
war, and were retaken by the English during this war, shall be left to the 
French, by virtue of the foregoing article 

2. The Treaty of Utrecht*, 1713. 

3. The Treaty of Aix-la-Chapelle, 1748. 

V. All the conquests that have been made since the commencement of the 
war, or which, since the conclusion of the preliminary articles, signed on the 
30th of April last, may have been or shall be made, either in Europe, or the 
East or West Indies, or in any other part of the world whatsoever, being to 
be restored without exception, in conformity to what was stipulated by the 
said preliminary articles and by the declaration since signed ; the high oon< 

I The text of these extracts is taken from Ghalmer's " Collection of Treaties 
between Great Britain and other Powers," liondon, 1790. 
■i Lewis XIV. 
» William III. 

4 See Note 4 to the Treaty of Utrecht (p. 6). 
-o For extracts from this Treaty relating to Canada see pp. 3^ above. 



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APPENDIX A. 



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tracting partiosi engage to give orders immediately for proceeding to that 
reatitution 

IX. , . Whereas it is not possible, considering the distance of the 
countries, that what relates to America should be effected within the same 
time,2 or even to fix the time of its entire execution, His Britannic Majesty 
likewise engages on his part to send to His Most Christian Majesty, imme- 
diately after the exchange of the ratifications of the present treaty, two 
persons of rank and consideration, who shall remain there as hostages, till 
there shall be received a certain and authentic account of the restitution of 
Isle Royal, called Caix) Breton, and of all the conquests which the arms or 
subjects of His Britannic Majesty may have made, before or after the signing 

of the preliminaries, in the East or West Indies 

Provided, nevertheless, that Isle Royal, called Cape Breton, shall be restored, 
with all the artillery and warlike stores which shall have been found therein 
on the day of its surrender, conformably to the inventories which have been 
made thereof, and in the condition that the said place was in on the said day 
of its surrender. 

4. The Treaty of Paris', 1763. 

5. The Treaty of Versailles*, 1783. 

IV. His Majesty, the King of Great Britain, is maintained in his right to 
the Island of Newfoundland, and to the adjacent islands, as the whole were 
assured to him by the thirteenth article of the Treaty of Utrecht ; excepting 
the Islands of St. Pierre and Miquelon, which are ceded in full right, by the 
present treaty, to His Most Christian Majesty. 

V. His Majesty the Most Christian King, in order to prevent the quarrels 
which have hitherto arisen between the two nations of England and France, 
consents to renounce the right of fishing, which belongs to him in virtue of 
the aforesaid article of the Treaty of Utrecht, from Cape Bonavista to Cape 
St. John, situated on the eastern coast of Newfoundland, in fifty degrees 
north latitude ; and His Majesty the King of Great Britain consents on his 
part that the fishery assigned to the subjects of His Most Christian Majesty, 
beginning at the said Cape St. John, passing to the north, and descending by 
the western coast of the Island of Newfoundland, shall extend to the place 
called Cape Raye, situated in forty-seven degrees fifty minutes latitude. The 
French fishermen shall enjoy the fishery which is assigned to them by the 



1 So far as Canada was concerned, George II. of Great Britain and Lewis XV. of 
France. 

2 Six weeks. 

8 For extracts from this Treaty relating to Canada, see pp. 61-65 above. 

* This treaty was signed at Versailles on the 3rd of September, 178'i, by tbe Duke 
of Manchester, representing George III. of Great britain, and the Count de Ver- 
gVDDes, representing Lewis XVI. of France. 



TREATIES RELATING TO CANADA. 



267 



present article, as they had the right to enjoy that which was assigned to them 
by the Treaty of Utrecht. 

VI, With regard to the fishery in the gulph of St. Lawrence, the French 
shall continue to exercise it conformably to the fifth article of the Treaty of 
Paris. 1 



XX. As it is necessary toappoint acertain period for the resti tutions and evacu- 
ations to be made by each of the high contractmg parties, it is agreed that the 
King of Great Britain shall cause to be evacuated the islands of St. Pierre and 
Miquelon, three months after the ratification of the present treaty, or sooner, 
if it can be done. . 



mm 



6. The Treaty of Paris,'^ 1783. 

I. His Britannic Majesty acknowledges the said United States, viz., New 
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, 
and indefjendent states ; that he treats with them as such ; and for himself, his 
heirs and successors, relinquishes all claims to the govenmient, prf>priety, 
and territorial rights of the same, and every part thereof. 

II. And that all disputes which might arise in future on the subject of the 
boundaries of the said United Stites may be prevented, it is hereby agreed 
and declared that the following are and shall be their boundaries, viz., from 
the north-west angle of Nova Scotia,^ viz., that angle which is formed by a 
line drawn due north, from the source of Saint Croix river to the Highlands* 
along the said Highlands which divide those rivers that empty themselves into 
the river St. Lawrence, from those which fall into the Atlantic Ocean, to the 
northwestemmost head of Connecticut river ; thence down along the middle of 
that river to the forty -fifth degree of north latitude ; from thence by a line due 
west on said latitude until it strikes the river Iroquois or Cataraquy* ; thence 



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1 Of 1763. See p. 62 above. 

a On the 30th of November, 1782, "provisional articles of peace and recoucili- 
ation " between Great Britain and the United States, were signed at Paris, but it 
was agreed that the formal treaty between the two powers should not be "concluded 
until terms of peace should be agreed upon between Oreat Britain and France." 
The treaty of Paris was therefore signed on the 3rd of September, 1783, immediately 
after the signing of the Treaty of Versailles. (See note 4. p. 266). The contracting 
powers were George III. of Oreat Hritain, and " the United States of America " ; 
the former being represented by David Hartley M. P., and the latter by John 
Adams of Massachusetts, Benjamin Franklin of Pennsylvania, and John Jay of 
New York. 

s Nova Scotia at this time, and until 1784, included New Brunswick. See Com- 
mission to Oov. Carleton, pp. 22-23. 

* Now the St. Lawrence. 







1268 



APPF.NDIX A. 










h 






ttlong the middle «>f said river into Lake Ontario ; through the middle of Huid 
lake, until it strikes the communication by water between that lake and Lake 
Erie ; thence along the middle of said communication into Lake Erie ; through 
the middle of said lake, until it arrives at the water-communication between 
that lake and lake Huron ; thence along the middle of said water-communica- 
tion into the lake Huron ; thence through the middle of said lal o to thewater- 
communioation between that lake and Lake Superior ; thence through Lake 
Superi ir, northward of the isles Royal and Phelipeaux, to the Long Lake ; thence 
through the middle of said Long Lake, and the water-communication between it 
and the Lake of the Woods, to the said Lake of the Woods ; thence through the 
said lake to the most northwestern point thereof, and from '^'.ence on a due 
west course to the river Mississippi ; thence by a line to be drawn along t'.i»* 
middle of the said river Mississippi, until it shall intersect the northernmost 
])art of the thirty-first degree of north latitude : — South, by a line to be drawn 
due east from the determination of the line last-mentioned, in the latitude of 
thirty-one degrees north of the equator, to the middle of the river Aimlachicolu 
or Catahouche ; thence along the middle thereof to its junction with thu Flint 
river; thence strait to the head of St. Mary's river, and thence down along the 
middle of St. Mary's river t(> the Atlantic Ocean :— East, by a line to lie drawn 
along the middle of the river St. Croix, from its mouth in the Bay of Fundy to 
its source ; nnd from its source directly north to the aforesaid Highlands, which 
divide the rivers that fall into the Atlantic Ocean from those which fall into 
the river St. Lawrence : comprehending all islands within twenty leagues of 
any part of the shores of the United States, and lying between lines to be 
drawn due east from the points where the aforesaid boundaries between Nova 
Scotia on the one part, and East Florida on the other, shall resjiectively touch 
the Bay of Fundy, and the Atlantic Ocean ; excepting such islands as now are, 
or heretofore have been, within the limits of the said Province of Nova Scotia. 

III. It is agreed, that the (>eople of the United States shall continue to enjoy 
unmolested the right to take fish of every kind on the Grand Bank and on all 
the other banks of Newfoundland : also in the gulph of St. Lawrence, and at 
all other places in the sea, where the inhabitants of both countries used at any 
time heretofore to fish. And also that the inhabitants of the United Statex 
shall have liberty to take fish of every kind on such part of the coast of New- 
foundland, as British fishermen shall use (but not to dry or cure the same on 
that island) and also on the coasts, 'luys, and creeks of all other of his 
Britannic Majesty's dominions in Americi ; and that the American fishermen 
.shall have liberty to dry and cure fish in any of the unsettled bays, harbours, 
and creeks of Nova Scotia, Magdalen islands, and Labrador, so long as the 
same shall remain unsettled ; but so soon as the same, or either of them, shall 
be settled, it shall not be lawful for the said fishermen to dry or cure fish at 
such settlement, without a previous agreement for that purpose with the in- 
habitants, proprietors, or jiossessors of the ground. 

IV. It is agreed, that creditors on either side shall meet with no lawful im- 
pediment to the recovery of the full value in sterling money of all bona Me 
debts heretofore contracted. 



TRKATIES RELATING TO CANADA. 



2H9 





1, 



V. It is agreed, that the CongreHH shall earnestly reoominend it to the 
legislatures of the reniieotive states, to provide for the restitution of all 
estates, rights, and pro|)erties which have been confiscated, belonging to real 
British subjects ; and also of the estates, rights, and pro{>erties of persons 
resident in districts in the [KMsession of His Majesty's arms, and who have 
not borne anns against the said United States ; and that iiersons of any other 
<leacription shall have free liberty to go to any part or |)arts of any of the 
Thirteen United States, and therein to remain t ivelve months unmolested in 
their endeavours to obtain ttie restitution of such of their estates, rights, and 
properties as may have been confiscated ; and that (.'ongress shall alst> earnestly 
recommend to the several states a rt^-consideration and revision of all acts or 
laws regarding tlie premises, so as to render the said lawh or acts {)erfectly 
consistent, not only with justice and eijuity, but with that spirit of concilia- 
tion, which, on the return of the blessings of i)eace, should universally pre- 
vail. And that Congress shall also earnestly recommend to the several states, 
that the estates, rights, and properties of such last mentioned persons shall 
Ik? restored to them, they refunding to any persons who may Ik n<nv in 
tM>Ksession the bona fide price (where any has been given) which such persons 
may have paid on purchasing any of the said lands, rights, or propnrties 
since the confiscation. And it is agreed, that all ijersons wbo have any 
interest in confiscated lands, either by debts, marriage settlem- iits, or other- 
wise, shall meet with no lawful impediment in the prosecution of thei»- just 
rights,' 

VI. Th;i' there shall be no future confiscations made, nor any prosecutions 
commenced against any person or persons, for t»r by reason of the part w liich 
he or they may have taken in the present war ; and that no person shall on 
that account suffer any future loss or damage, either in his person, liberty or 
property ; and that those who may be in confinement on such charges at the 
time of the ratification of the treaty in America, shall be immediately set at 
liberty, and the prosecutions so commenced be discontinued. 

VII. There shall be a firm and perpetual peace between His Britannic 
Majesty and the said states, and between the subjects of the one and the 
citizens of the other, wherefore all hostilities, both by sea and land, shall 



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1 Same idea of tlie character of the laws passed by State Legislatures dealing 
with the estates of persons who had adhered to the Royalist cause during the 
llevolutionary war may be formed by reading the titles of Acts passed by the 
Legislature of New York. In 1779 there was r issed *' An Act for the forfeiture and 
sale of the estates of persons who have adbei^^d to the enemies of this State, and 
for declaring the sovereignty of the people of this State, in respect to all property 
Avithin the 8a.me." In 1780 an Act was passed approving of the Act of Congress of 
the same year relative to the finances of the United States, and providing that 
the lands " forfeited by the attainder of Sir .John Johnson " and others should be 
" mortgaged and bound for the redemption and security" of New York's proportion 
of the new national " bills of credit." Several Acts, dealing further with forfeited 
estates, were passed between 1780 and 1785. In 1782 an Act was passed enabling 
debtors to discharge in depreciated currency debts due to creditors who had taken 
refuge within the British lines. In 1778 an Act was passed authorizing " Com- 
missioners for Conspiracies " to require neutral or suspected persons to acknow- 
ledge on oath the independence of the State of New York, and declaring those 
who rafueed to be guilty of " misprision of treason." 






I 



270 



APPENDIX A. 



from henceforth cease : all prisoners on both sides shall be set at liberty ; and 
His Britannic Majesty shall with all convenient speed, and without causing 
any destruction or the carjying away any negroes, or other property of 
the American inhabitants, withdraw all his armies, garrisons,^ and fleets from 
the said United States, and from every port, place, and harbour within the 
same ; leaving in all fortifications the American artillery that may be therein ; 
and shall also order and cause all archives, records, deeds, and papers belong- 
ing to any of the said states, or their citizens, which in the course of the war 
may have fallen into the hands of his officers, to be forthwith restored and 
delivered to the proper states and persons to whom they belong. 

VIII. The navigation of the river Mississippi, from its source to the ocean, 
shall for ever remain free and open to the subjects of Great Britain and the 
citizens of the United States. 

IX. In case it should so happen that any place or territory belonging to 
Great Britain, or to the United States, should have been conquered by the 
arms of either, from the other, before the arrival of the said provisional 
articles in America, it is agreed that the same shall be restored without diffi- 
culty, and without requiring any compensation. 

X. The solemn ratifications of the present treaty, expedited in good and 
due form, shall be exchanged between the contracting parties in the space of 
six months, or sooner if possible, to be computed from the day of th* 
signature of the present treaty. 



1 British gaiTisons continued to occupy the forts within the United States at 
Niagara, Detroit, Mackinac, and other frontier posts, until the Jay Treaty was 
concluded in 1794. 



BOUNDARIES OF CANADIAN PROVINCES. 



271 






11 



lii! 



m 



APPENDIX B. 



BOUNDARIES OF CANADA, AND OF THE CANADIAN 

PROVINCES. 

I. The Province of Nova Scotia. 

This Province, M'ith the exception of C&pe Breton, was surrendered to 
Great Britain by France under the Treaty of Utrecht, 1713, i but its boun- 
daries were left to be determined by " Commissioners " appointed by each 
Government within a year.^ The provision respecting delimitation was not 
carried out, and in 1720 Major (afterwards Governor) Mascarene prepared for 
the information of the Lords of Trade and Plantations a description" of Nova 
Scotia from which the following extract is taken : 

The boundaries having as yet not been agreed on between the British and 
French Governments in these parts as stipulated in the 10th article of the 
Treaty of Utrecht, no just ones can be Hettled in this description. The extent 
of the Province of Nova Scotia or Acadie, according to the notion the Britains 
have of it, is from thw limits of the Government of Massachusetts Bay in New 
England, or Kennebeck River, about the 44th degree north latitude, to Cape 
de Koziers on the south side of the entrance of the River of St. Lawrence in 
the 44th degree of the same latitude, and its breadth extends from the 
eastermost part of the Island of Cape Breton to the soutli side of the River 
St. Lawrence. Out of this large tract the French had yielded to them at the 
above treaty the islands situated at the mouth of the River St. Lawrence and 
in the Gulpn of the same, with the Island of CaiJe Breton.* 

An unsuccessful attempt was made by the appointment of '* C( )mmiB8arie« " 
under the Treaty of Aix-la-Chapello, 1748, to settle the question of the 
Acadian boundaries. Governor Shirly, of Massachusetts, lepissenting the 
British Grovemment." The western and northern boundaries of Nova Scotia 



1 See p. 4 above, 
s See p. 3 above. 
» "Nova Scotia Arobives," pp. 39-40. 

* See pp. 4-5 above. 

• Hciiburton's History of Nova Sooti*, vol. I , pp. 14S)-149. 






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APPENDIX B. 



remained undetermined until the British conquest of Canada, and the sur- 
render of the whole country under the Treaty of Paris, 1763. According to 
Haliburton^ they were then fixed " by the Crown " as follows : 

" To the northward, our said Province shall be bounded by the southern 
boundary of our Pi-ovince of Quebec,'* as far as the western extremity of tht* 
Bay des Chaleurs. To the eastward by the said bay, and the Gulf of St. 
Lawrence, to the cape or pn)montory called Caiie Breton in the island of that 
name, includinK that island, the island of St. Johns," and all other islands^ 
within six leagues of the coast, to the southward by the Atlantic Ocean from 
the said cape to Cape Sable, including the island of that name, and all other 
islands within 40 leagues of the coast, with all the rights, members and 
appurtenances, whatsoever, thereto belonging. And to the westward, 
although our said Province hath anciently extended, and dt^th of right extend, 
as far as the River Pentagoet or Penobscot, it shall be bounded by a line' 
drawn from Cajjo Sable across the entrance of the Bay of Fundy, to the m')uth 
of the River St. Croix ; by the said river to its source, and by a line drawik 
due north, from thence to the southern lioundary of our col<my of Quebec."'' 

In 17<)5) Prince Edward Island was created a se))arate Pn)vince, and the 
boundaries of Nova Scotia, as described in the Commission isstied** to the firxt 
(Tovemor, c<jrn's|x)nd with those cited by Haliburton. 

In 17B4 the part of Nova Scotia lying north of a line rlrawn across the 
isthmus from the head of the Bay of Fundy up the Musquash River to its 
source, and thence direct to Baie Verte was erected into the separate Province 
of New Brunswick,'' and the line then fixed is still the boundary between that 
Province and Nova Scotia. In the same year Cape Breton was erected into 
a quasi-independent Province under a Lieutenant-Governor and Council, but it 
was re-annexed to Nova Scotia in 1820. 

2. The Province of New Brunswick. 

The early boundaries of New Brunswick are given above in coimection witit 
those of Nova Scotia. The area of the Province has remained unchanged, 
but the western and northern boundaries were more minutely defined hy 
Imperial Statute in 1851 (14-15 Vict. cap. 63), which recites and ratifies an 
award made by arbitrators" a])pointed to settle disputes between Canada iin<\ 
New Brunswick, which award is in the following terms : — 

" That New Brunswick shall l)e bounded on the west by the l)oundary of tli*' 
United States, as traced by the Commissioners of Bounfiary under the treaty 



1 History of Nova Sootia, vol. II., pp. l-± 

a Koyal Proclamation, 1763 (p. 67 above). 

!) Now Prince Edward Island. 

* Royal Proclamation, 17G3 (p. 68 above). _ 

•1 Haliburton quotes this description but does nut state where he gets it. 

1 See pp. 21-22 above. 

1 Commission to Oovernor Carleton (pp. 22-23 above). 

s The arbitrators were : On behalf of Canada, Thomas Falconer ; on behalf of 
New Brunswick, Travers Twiss ; chosen by these two, Stephen Lusbington, Judge 
of the Admiralty Court. The award was made by the latter two only. 






i ill 1 ; 



B0UNDAU1E8 OF CANADIAN PROVINCES. 



278 



of Washinfftoni dated Auffust, 1842, from the oource of the St. Croix to » 
point near the outlet of Pech-la-wee-kaa-co-nies or Lake Beau, marked A in 
the aooompanying copy of a part of plan 17 of the survey of the boundatv 
under the above treaty ; thence by a straight line connecting that point with 
another point to be determined at the distance of one mile due south from the 
soathemmost point of Long Lake ; thence by a straight line drawn to the 
southernmost point of the nefs Madawaska and Temiscouata, and along the 
south-eastern boundanr of those fiefs to the south-east angle of the same ; 
thence by a meridional line northwards till it meets a line running east and 
west, and tangent to the height of land dividing the waters flowing into tho 
River Rimouski from those tributary to the St. John ; thence along this 
tangent line eastward until it meets another meridional line tangent to the 
height of land dividing waters flowing into the River Rimouski from thos** 
flowing into the Restigouche River ; thence along this meridional line to the 
48th parallel of latitude ; thence along that parallel to the Mistouche'<^ River ; 
and thence down the centre of the stream of that river to the R«8tigouche ; 
thence down the centre of the stream of the Restigouche to its mouth in the 
Bay of Chaleurs ; and thence through the middle of that bay to tlie Gulf of 
the Saint Lawrence ; the islands m the said rivers Mistouche^ and Resti- 
gouche to the mouth of the latter river at Dalhotisie being g'ven to New 
Brunswick." 



3. The Provinces of Quebec and Ontario. 

It is impossible to state definitely how muuh territory was covered by the 
Articles of Capitulation, 1760, and the Treaty of Paris, 1763 (pp. 31-n7 and 
Hl-65 above). During the negotiations which preceded the treaty the French 
(iovemment consented '* to cede Canada in the most extensive manner," and 
disclaimed having affirmed "that all that does not belong to Canada belongs 
to Louisiana."'* An offer was subsequently made on behalf of France "to 
guaranty Canada to England in the utmost extent she required."^ The 
Marquis de Vaudreuil, who by this time had returned to France, stated in a 
published letter"* that he had " traced out no limits whatever," and that to an 



1 Better kuowu as the Ashburton Treaty. Kepeated attempts to secure a 
satisfactory settlement of the boundary between the United States and New 
Hmnswick were made before the treaty of 1842. The following is a list of the 
treaties, conventions, and awards which deal with it : 

1. Provisional articles of peace agreed on at Paris, 1782, Article II. 

8. Treaty of Paris, 1783, Article II. (see pp. 207-268 above). 

a. The Jay Treaty, London, 1794, Article V. 

4. Explanatory article added to the Jay Trehty at liondou, in ITUH. 

5. The Treaty of Ghent, 1814, Articles I., IV., V. 

6. Decision of the Commissioners under Article IV. of the Treaty of Oheut 

1817. 

7. Convention of London, 1827, in connection with Article V. of the Treaty 

of Obent. 

8. The Ashburton Treaty, Washington, 1842, Articles I , VI. The last named 

treaty put a stop to the local trouble betwenr. New Brunswick and 
Maine, called the " Aroostook War," though there never was any fighting. 

• Explained by a subsequent Imperial Statute (20-21 Viot. cap. »4) to be the 
stream " otherwise called the Patapedia." 

s Annual Register for 1761, p. 963. 

4 See i6t(i p. 266. 

» See »Md pp. 967-2na 



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274 



APPENDIX B. 



officer sent to him for maps he had given the information that Louisiana 
extended on one side " to the carrying place of the Miamis, which is the 
height of the lands, whose rivers run into the Ouabache ; and on the other to 
the head of the river of the Illinois." Gen. Haldimand, the officer above 
referred to, in a letter to Gen. Amherst, commenting on the letter of the 
Marquis de Vaudrenil, states that in the presence of the latter before he left 
Montreal and without any protest from him, he drew a pencil line on a map 
which carried the limits of Canada from the source of the Illinois River to the 
Mississippi and thence northward to Red Lake, and up the Ohio and Wabache 
from the junction of the former with the Mississippi.^ This would seem to 
include in the ceded territory ihe States of Michigan, Wisconsin, Illinois, and 
parts of Indiana and Minnesota, as well as the territory east of the Wabash 
And north of the Ohio. 

By the Royal Proclamation of 1763 the eastern part of Canada was included 
in the new Province of Quebec,* and by the Quebec Act of 1774 this Province 
was enlarged so as to be quite as extensive as Canada was in the concep- 
tion of Gen. Haldimand. B 

A new southern boundary was given to Quebec by the Treaty of Paris of 
1783, the most important change being the severance from the Province of all 
the region south of Lakes Erie and Ontario as far as the Ohio, and of all west 
of Lakes Huron and St. Clair as far west as the Mississippi.^ In 1791, by 
Order-in-Council,'' in connection with the passing of the Constitutional Act, 
Quebec was divided into Upper and Lower Canada, the dividing line being 
thus defined : 

" To commence at a stone boundarv on the north bank of the Lake St. 
Francis, at the cove west of Pointe au Boudet, in the limit between the Town- 
ship of Lancaster and the Seigneurie of New Longueuil, running along the 
said limit in the direction of north thirty -four degrees west to the westernmost 
angle of the said Seigneurie of New Longueuil, thence along the north- 
western boundary of the Seigneurie of Vaudreuil, running north twenty-five 
degrees e'ist until it strikes the Ottawa river, to ascend the said river into the 
Lake Tomiscaming, and from the head of the said lake, by a line drawn due 
north until it strikes the boundary line of Hudson's Bay, including all the 
territory to the westward and southward of the said line, to the utmost extent 
of the country commonly called or known by the name of Canada." 

In the Jay treaty of 1794 an effort was made to define the boundary between 
British America and the United States more accurately than had been done 
by the second article of the Treaty of Paris, 1783.8 Article IV. of the Jay 
treaty provided a method of locating the boundary west from the Lake of 

1 An English translation of this letter is published in full in the " Documents" 
which made part of the Ontario boundary case before the Privy Oouncil in 1684 
(pp. 619-Si90). The original French text is given in Kamsay's Beport on tbe 
boundaries of Ontario (Appendix to C' tnmons Journals of 1880, pp. 3^-234). 

a Bee p. 67 above. 

8 Bee pp. 90-91 above, and Qov. Oarleton'a Commission (Ontario Boundary case 
1684, pp. 375-870). 

4 Treaty of Paria, 1788 (pp. 267-908 above). 

s " Documents " in Ontario Boundary case, 1684 (p. 400). 

• Bm Note 4 above. 



BOUNDABIES OF CANADIAN PSOVINOES. 



275 



f||M';i''(Pi 



the Woods in the event of its being ascertained that the Mississippi did not 
extend so far north as a due west line from its north-west angle. Article V. 
provided for the appointment of three Commissioners to decide what river 
was meant by the " St. Croix," mentioned in the Treaty of 1783. 

The Treaty of Ghent, 1814, contained further provisions for the accurate 
definition of the same boundary. Article V. provided for the appointment of 
two Commissioners to "ascertain and (determine " the points mentioned in the 
Treaty of 1783 between the mouth of the St. Croix and the intersection of the 
Si. Lawrence by the 45th parallel of latitude. Article YI. provided a similar 
method for ascertaining the precise location of the boundary through the 
River St. Lawrence and the great lakes to the " water communication " 
between Lake Huron and Lake Superior ; and Article VII. made sin.ilar 
provision for ascertaining the boundary between the same " water communi- 
cation " and " the most north-western part of the Lake of the Woods." 

In 1822 the Commissioners^ under Article VI. of the Treaty of Ghent gave 
a decision, the text of whicl minutely describes the international boundary 
from a "stone monument,^ 1340 yards distant from the stone church in the 
Indian village of St. Regis," on the south bank of the St. Lawrence, to "the 
foot of the Neebish rapids," in the River St. Mary, which is the outlet of Lake 
Superior. This boundary line is described with reference maialy to the 
islands amongst which it passes, and which are especially numerous in the 
"Thousand Islands" archipelago. The utmost care is taken to name or 
number all the islands adjacent to it in the St. Lawrence River proper, in the 
Niagara River, at the west end of Lake Erie, in the Detroit and St. Clair 
Rivers, and in the River St. Mary as far as the Neebish Rapids, which the 
Commissioners made the terminus of their survey. 

The Convention of London, 1827,* provided for a reference of the matter 
dealt with by Article V. of the Treaty of Ghent " to some friendly sovereign 
or state," but no precise and detailed definition of the boundary between the 
head waters of the St. Croix and the intersection of the St. Lawrence by the 
45th parallel of latitude was given until it was embodied in the first article of 
the Ashburton Treaty of 1842. The second article of the same treaty gave a 
detailed description of the boundary from the Neebish Rapids up the River 
St. Mary, amongst the islands of Lake Superior to the mouth of Pigeon River, 
and thence to the " northwestern ix)int " of the Lake of the Woods."* 

By these various conventions and awards the southern boundary of Quebec 
and Ontario was permanently determined from the "northwest angle of Nova 
Scotia " (now New Brunswick) westward to the " northwest angle " of the 

1 Peter B. Porter and Authouy Barclay. 

2 Erected in 1817. 

a October 20. Them's was another convention agreed to on the 6th of August of 
the same year, dealing with the disputed territory west of the Kooky Mountains. 
For a good account of the state of the boundary controversy at this time see 
Bouobette'a " British Dominions in North America," London, 1832. 

4 The Commissioners who had been appointed to settle this part of the boun- 
dary under Article VII. of the Treaty of Ghent differed hopelessly on some parts 
of the route. Their report is given in full in Hertslet's ^' Treaties," vol. XIII., 



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276 



APPENDIX B. 



Lake of the Woods. By the unanimous award of three arbitratorgi in 1878 
the western and northern boundaries of Ontario were g^ven in detail from the 
last mentioned angle by way of the English and Albany rivers to Hudson's 
Bay where its shore is intersected by a line drawn due north from Lake 
Temiscaming.2 The Imperial Privy Coimcil in 1884 made an inde|)endent 
award" under a joint reference by the Governments of Ontario and Manitoba, 
virtually confirming the award of 1878 pro tanto. Both of these decisions 
were sujierseded by the passage of an Imperial Act^ in 1889, in response to 
the subjoined address from both Houses of the Dominion Parliament. The 
preamble to the Act states that the Government of Ontario have assented*^ to 
the boundaries specified in the address, that the boundary between Ontario 
and Quebec is identical with the one fixed by the proclamation" of the 
Governor-General in November, 1791, and that the boundary between Ontario 
and Manitoba is identical with the one found correct by the Privy Council in 
1884. The address above referred to contains the details of the westerly, 
northerly, and easterly boundaries of Ontario, which are thus made legally 
valid, as follows : 

We, your Majesty's most dutiful and loyal subjects, the Senate and 
Commons of Canada, in Parliament assembled, humbly approach your 
Majesty with the request that your Majesty may be graciously plea«erl to 
cause a measure to be submitted to the Parliament of the United Kingdom, 
declaring and providing the following to be the westerly, northerly, and 
easterly boundaries of the Province of Ontario, that is to say : — 

Commencing at the point where the international boundary between tl i 
United States of America and Canada strikes the western shore of La' > 
Superior, thence westerly along the said boundary to the northwest angle of 
the Lake of the Woods, thence along a line drawn due north until it strikes 
the middle line of the course of the river discharging the waters of the lake 
called Lake Seul or the Lonely Lake, whether above or below its confluence 
with the stream flowing from the Lake of the Woods towards Lake Winnipeg, 
and thence proceeding eastward from the point at which the before-mentionecl 
line strikes the middle line of the course of the river last aforesaid, along the 
middle line of the course of the same river (whether called by the name of the 
English River or, as to the part below the confluence, by the name of the 
River Winnipeg) up to Lake Seul or the Lonely Lake, and thence along the 
middle line of Lake Senior Lonely Lake to the head of that kke, and thence by 
<i straight line to the nearest point of the middle line of the waters of Lake St. 



1 Sir Francis Hiucks acting for the Dominion of Canada, Chief Justice 
Harrison for the Province of Ontario, and Sir Edward Thornton as referee. See 
Ontario Sessional Papers of 1879, No. 22. 

!i See Order-in-Council of 1791, dividing Quebec into Upper and Lower Canada, 
p. 274 above. 

3 Ontario Seseional Papers for 1885, No. 8, and Dom. Sess. Papers for 18i;5' 
No. 123 6. 

i Known as " The Canada (Ontario Boundary) Act," 52 and 53 Vict. cap. 28. 

s See Revised Statutes of Ontario, 1887, cap. 4; and Ont. Stat. 42 Vict. cup. 2. 

8 The proclamation fixes the boundary in a general way from Lake Temii" 
caming to Hudson's Bay. In 1874 the Ontario Legislature passed an Act (P>S Vict. 
cap. 5). which makes provision for a determination of the boundary in detail. 
A similar Act was passed in the same year by the Quebec Legislature (38 Vict- 
cap. 6), but though each of these statutes has been re-enacted (R. S. U., 1H77> 
cap. 3; R. 8 O., 1887, cap.3; and R. S. Q., 1888, Title I., cap. I.) the Dominion Parlia- 
ment has not taken any steps to establish the line of boundary agreed upon by 
the Provinces. 






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BOUNDARIES OF CANADIAN PROVINCES. 



277 



Joseph, and thence along that middle line until it reaches the foot or outlet of 
that lake, and thence along the middle line of the river by which the waters 
of Lajce St. Joseph discharge themselves to the shore of the part of Hudson's 
Bay commonly known as James' Bay, and thence south-easterly following 
upon the said shore to a point where a line drawn due north from the head of 
Lake Temiscamingue would strike it, and thence due south along the said 
line to the head of the said lake, and thence through the middle channel of 
the said lake into the Ottawa River, and thence descending along the middle 
of the main channel of the said river to the intersection by the prolongation 
of the western limits of the Seigneurie of Rigaud, such mam channel being as 
indicated on a map of the Ottawa Ship Canal Survey made by Walter Shanly, 
C.E., and approved of by an Order of the Governor-General-in-Council, dated 
the twenty -first July, one thousand eight hundred and eighty -six ; and thence 
southerly following the said westerly boundary of the Seigneurie of Rigaud 
to the southwest angle of the said Seigneurie, and then southerly along the 
western boimdary of the augmentation of the township of Newton to the 
northwest angle of the Seigneurie of Longueuil, and thence south-easterly 
along the south-western boundary of the said Seigneurie of New Longueuil to 
a stune boundary on the north bank of the Lake St. Francis at the cove west 
of Point au Baudet, such line from the Ottawa River to Lake St. Francis 
being as indicated on a plan of the line of boundary between Upper and 
Lower Canada, made in accordance with the Act 23 Victoria, ohaper 21, 
and approved by Order of the 6ovemor-Greneral-in-Council, dated the 16th 
of March, 1861. 

The easterly boundary of Ontario is the westerly boundary of Quebec, and 
the southerly boundary of that Province is fixed by the Ashburton Treaty, 
1842, on the side of the United States, and by Imperial Statute^ on the side 
of New Brunswick. On the east Quebec is bounded by the Gulf of St. 
Lawrence and Labrador and its northerly boundary is still undetermined 
as a whole, but is fixed as to its western extremity at the point where the due 
north line from Lake Temiscaming intersects the south shore of Hudson's 
Bay.a 

4. The Province of Manitoba. 

The boundary between the then Province of Quebec and the United States, 
as fixed by the Treaty of Paris of 1783, stopped at the Mississippi.' Article 



1 See pp. 373-273 above. 

a By the Royal Proclamation of 1763 the River St. John was made the easterly 
limit of the Province of Quebec on the north shore of the St. Lawrence, all the 
rest of that shore and of the Atlantic coast of Labrador to Hudson's Straits being, 
with Anticosti and the other islands in the Gulf of St. Lawrence, annexed to 
Newfoundland. Labrador, the north shore of the river and Oulf of St. Lawrence, 
and tbn islands in the gulf, were all transferred to Quebec by the Quebec Act of 
1771. They remained part of Quebec till 1791 and part of Lower Canada till 1809, 
in which year the Imperial Parliament passed an Act (49 George III. cap. 27), which 
re-e,nnexed to Newfoundland, with the exception of the " Madelaine ''^ islands, all 
that had been added to it by the Proclamation of 1763. The Imperial Parliament 
passed an Act in 1825 (6 George IV. cap. 59), restoring to Lower Canada part of 
what had been thus taken from it in 1807, including the Island of Anticosti and so 
much of the north shore of the river and Gulf of St. Lawrence as " lies to the 
westward of a line to be drawn due north and south from the bay or harbour of 
Ance Sablon, inclusive, as far as the fifty-second degree of north latitude." 
Though the northern boundary of Quebec has never been defined it is worthy of 
remark that the fifty-second parallel is further north than the intersection of the 
south shore of Hudson's Bay by the due north line from Lake Temiscaming. 

s See p. 268 above. 



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278 



APPENDIX B. 



IV. of the Jay Treaty of 1794 provided for a survey of that river from below 
the falls of St. Anthony (Minneapolis) for the purpose of ascertaining whether 
it extended far enough north to intercept a due west line from the northwest 
angle of th« Lake of the Woods. By the London Convention of 1818 : 

*' It is agnreed that a lire drawn from the most northwestern point of the 
Lake of the Woods along the 49th parallel of north latitude, or if the said 
point shall nut be in the 49th parallel of north latitude then that a line drawn 
from the said point due north or south, as the case may be, until the said line 
shall intersect the said parallel of north latitude, and from the point of such 
intersection due west alon^ and with the said parallel, shall be tne line of de- 
marcation between the territories of the United States and those of his Britannic 
Majesty, and that the said line shall form the northern boundary of the said 
territories of the United States and the southern boundary of the territones 
of his Britannic Majesty, from the Lake of the Woods to the Stony^ Moun- 
tains. 

The western, northern, and eastern boundaries of Manitoba have been twice 
defined by the Parliament of Canada, (1) by the Act^ which created the 
Province in 1870, and (2) by the Act' which enlarged its area and extended its 
boundaries in 1881. By the definition in the latter statute Manitoba extends 
from the United States boundary on the south to " the twelfth base line in the 
system of Dominion Land Surveys " on the north, and from the line between 
the twenty-ninth and thirtieth ranges of townships west of the first principal 
meridian on the west, to a line drawn due north from the iK)int wber^ the 
Ontario boundary intersects that of the United States on the east. 



5. The Province of British Columbia. 

When by the London Convention of 1818 the 49th parallel of north latitude 
was fixed as the international bouidary the region west of the Rocky Moun- 
tains was comparatively unknown, and neither Great Britain nor the United 
States was in undisputed possession of it. By the same convention (Article 
III,) it was arranged that the commerce and navigation of the whole Pacific 
slope should be " free and open " to the citizens of both countries for ten 
years. 

In 1825, by Articles III. and IV. of the Treaty of St. Petersburgh, it was 
agreed between Great Britain and Russia that the boundary of Alaska should 
begin at Prince of Wales Island in 54 degrees 40 minutes north latitude, run 
up the Portland Channel to the 56th degree, thence pass along the summit of 
the mountain chain till it intersected the 14lst meridian, and then follow that 
meridian to the "Frozen Ocean." 



1 Now " Rocky " Mountains. 

a Dom. Stat. 33 Vict. cap. 3. 

* Oom. Stat. 14 Vict. cap. 14; B. S. C, 1686, cap 47. 



BOUNDARIES OF CANADIAN PROVINCES. 



279 



In 1827 (Aug. 6) » convention was adopted at London between Great 
Britain and the United States by which the agreement of the third article of 
the Convention of 1818 was "indefinitely extended and continued in force," 
and it continued in force until superseded by the Treaty of Washington, 1846, 
which provided that the 49th parallel should be the international boundary 
from the Rocky Mountains " to the middle of the channel which separates the 
continent from Vancouver's Island, and thence southerly through the middle 
of the said channel, and of Fuca's straits to the Pacific Ocean. " 

Further knowledge of this " channel " brought to light »he fact that there 
are two channels, the Rosario Strait on the United States side of the San 
Juan archipelago, and the Canal de Haro on the British side of it. The dis- 
pute as to which was the one meant in the treaty of 1846 was settled by an 
award of the Emperor of Germany under a provision of the Treaty of 
Washington, 1871, and in favour of the United States contention. The Canal 
de Haro is now, therefore, a part of the boundary. 

By Imperial Statute * Vancouver's Island was in 1849 made virtually a self- 
governing colony. A similar status was in 1858 ^ conferred on British 
Columbia, the Act of the British Parliament giving it boundaries as follows : 
On the south " the frontier of the United States " ; on the east the " main 
chain of the Rocky Mountains"; on the north "Simpson's river and the 
Finlay branch of the Peace " ; on the west the Pacific Ocean, Queen Char- 
lotte's Island being included. In 1863, by Imperial Statute, ^ the boundaries 
at present in existence were thus fixed : 

" British Columbia shall * * * * be held to comprise all such terri- 
tories within the dominions of Her Majesty as are bounded to the south by 
the territories of the United States of America, to the west by the Pacific 
Ocean and the frontier of the Russian territories in North America, to the 
north by the sixtieth parallel of north latitude, and to the east, from the 
boundary of the United States northwards by the Rocky Mountains and the 
one hundred and twentieth meridian of west longitucfe, and shall include 
Queen Charlotte's Island and all other islands adjacent to the said territories, 
except Vancouver's Island and the islands adjacent thereto." 

Vancouver's Island became part of British Columbia in 1866,* and five years 
later the united colony became a Province of the Dominion of Canada. 



6. The North- West Territories. 

This title* is applied to the whole region formerly known as " Rupert's 
Land " and the " North-West Territory," except the Province of Manitoba 



1 12 & 13 Vict. cap. 48. 

a By 21 & 22 Vict. cap. 99. 

S 26 <ft 27 Vict. cap. 83. 

* See Note 30, p. 233 above. 

s See Dom. Stat. 43 Vict. cap. 25; B. S. C. 1836, cap. 50. 



m 

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280 



APPENDIX B. 



»nd the District of Keewatin.i It is bounded on the ^outh by the 49th 
parallel of north latitude ; on the west by the Rocky Mountains, the 120th 
meridian, the 60th parallel of north latitude west to Alaska, and the 141gt 
meridian to the Arctic Ocean ; and on the east by the western boundaries of 
Manitoba^ and the District of Keewatin.' Politically the ** Northwest Ter- 
ritories " is a unit, there being but one Lieutenant-Governor and one Legisla- 
tive Assembly for the whole territory ; but the southern portion of it has been 
divided* into four "provisional districts '' — Assiniboia, Alberta, Saskatchewan, 
and Athabasca. 



7. The Dominion of Canada. 

A synthesis of the boundaries of the various Provinces, as given above, 
furnishes the data for a description of the boundary of the Dominion as a 
whole. Beginning at the intersection of the shore of the Arctic Ocean by the 
141st meridian, the Arctic and Atlantic Oceans form the boundary as far as 
Hudson's Straits. Labrador," the Gulf of St. Lawrence and the Atlantic 
Ocean continue it as far as Cape Sable, including the Magdelene Islands, 
Anticosti, Prince Edward Island, Cape Breton, Sable Island and all other 
islands within six leagues^ of the coast in the Gulf of St. Lawrence, and 
within forty leagues of the Atlantic coast of Nova Scotia.'' From Cape Sable 
to the mouth of the St. Croix River the boundary is a line drawn across the 
entrance of the Bay of Fundy,^ so as to give the Grand Manau group of 
islands and most of those in Passamoquoddy Bay to Canada.^ It follows the 
St. Croix to its source, '° runs due north to the St. John, and then passes by a 
very irregular route to the intersection of the south bank of the St. Lawrence 



1 For the boundaries of Keewatin, see Dom. Stat. 39 Vict. cap. 21 ; B.S.C. 1886, 
cap. 53. 

> See p. 278 above. 

• This is a line due north to the Arctic ocean from " Cedar Portage," at the head 
of Lalce Winnipegosis. 

• By order of the Oovernor-Qeneral in Council, on the 8tb of May, 1882 Sea 
Doiii. Bess. Paper of 1882, No. 172. 

6 See Note 2, p. 277. On the 31st of .July, 1880, an Imperial Order-in-Council was 
passed in the following terms : " From and after the first day of September, IBilO, 
all British territories and possessions in North America, not already included 
within the Dominion of Canada, and all islands adjacent to any of such territories 
or possessions, shall (with the exception of the Colony of Newfoundland and its 
dependencies) become, and be annexed to, and form part of, the said Dominion of 
Canada, and become and be subject to the laws for the time being in force in the 
said Dominion, in so far as such laws may be applicable thereto." This affected 
part of the Labrador peninsula, but how much of it cannot be precisely specified. 

6 Commission to Gov. Paterson, pp. 21-22 above. 

T Article II of the Treaty of Paris, 1783, pp. 267-268 abovs. 

• Gov. Paterson's commission, pp. 21-22 above. 

« Article IV. of the Treaty of Ghent, 1814; and Decision of the Commission 
under that article, Nov. 24th, 1817. 
10 Article II. of the Treaty of Paris, 1783 ; Article V. of the Jay Treaty of 1794 ; ex- 

Elanatory article added to the Jay Treaty in 1798; the Convention of London, 
eptember 29tb, 1827. 



BOUNDARIES OF CANADIAN PROVINCES. 



281 



by the 45th parallel.! From that \ioint it follows the navigable channel of the 
8t. Lawrence to Lake Ontario, pasHea thnmgh that lake, the Niagara River, 
Lake Erie, Detroit River, Lake St. Clair, River St. Clair, Lake Huron and 
the lower part of the St. Mary River to the foot of the Ntiebish Rapids.' 

From the Neebish Rapids the boundary is continued up the St. Mary River 
to and through Lake Superior to the mouth of Pigeon River, thence by way of 
Rainy Lake and Rainy River to the northwest angle of the Lake of the 

Woods." 

From the northwest angle of the Lake of the Wtxtds the boundary runs due 
80uth to the 49th parallel and along that parallel to ihe Strait of San Juan 
de Fuca, and through it to the Pacific Ocean.* 

The western boundary of the Dominion is the PwiJic Ocean and the Port- 
land Channel to the inland terminus of the lattei, the Rocky Mountains to 
their intersection by the 141st meridian, and that meridian to the Arctic 
Ocean. "^ 



1 Article I. of the Asbburton Treaty, 1842. 

2 Article II. of tlie Treaty of Paris, 1783; Article VI. of the Treaty of Ghent, 
1814 ; Decision of the Commisstouers under the last mentioned Article, made at 
Utica, June IHth, 1822. 

t Article II of the Treaty of Paris, 1783; Article IV. of the .Jay Treaty of 17a4; 
Article VII. of the Treaty of Ghent, 1814 ; Article II. of the Ashburton Treaty, 184!^ 

* Article II. of the Convention of London, October 20th, 1818; Article I. of the 
Treaty of Washington, 1840; Article XXXV. of the Treaty of Washington, 1871; 
Award of the Emperor of Germany, OotDber 2l8t, 1872. 

Articles II. and III. of the Treaty of St. Petersburg, 1825. 






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APPENDIX 0. 



APPENDIX C. 



I. EXTRADITION OF FUGITIVE CRIMINALS. 



Fujfitive criminals may be surrendered by one country at the request of 
another, in accordance with international comity ;i they must be surrendered 
by one country at the demand of another, if both countries have agreed by 
treaty to make such surrenders. Extradition is now for the most part a 
matter of treaty arrangement among civllizod nations. As between Great 
Britain and the United States, the only treaty provisions heretofore adopted 
are the following : 



I. The Jay Treaty," London, 1794. 

Article XXVII. It is further agreed that His Majesty and the United 
States, on mutual requisitions by them respectively, or by their respective 
ministers or officers authorized to make the same, will deliver up to justice all 
persons, who, being charged with murder or forgery ,8 committed within the 
jurisdiction of either, shuU seek an asylum within any of the countries of the 
other, provided that this shall only be done on such evidence of criminality, 
as, according to the laws of the place where the fugitive or person so charged 
shall be found, would justify his apprehension and commitment for trial, if 
the offence had there been committed. The expense of such apprehension and 
delivery shall be borne and defrayed by those who make the requisition p.nd 
receive the fugitive.* 



1 For a lucid discussion of this ground of surrender, see Spears "Law of Extra* 
dition," Chapter I ; Clarke's " Law of Extradition," Third Edition, Chapter I. 

2 See Clarke's "Law of Extradition," Chapter III. 

8 Compare the list of crimes in the Ashburton Treaty of 1842. 

* By Article XXVIII. of the same Treaty, it was provided that Article XXVII. 
should remain in force for only twelve years. The strained relations between the 
two powers prevented its renewal. Each of the treatises mentioned in Note 1, 
gives some account of the difficulty thrown in the way of its operation by the 
want of legislation to give it effect. 



EXTRADITION AMD FISHERIES. 



283 



2. The Ashburton Treaty/ Washington, 1842. 

Article X. It in agreed that the United States and Her Britannic Majesty 
shall, upon mut jal requisition by them, or their ministers, officers, or authori- 
ties, respectively made, deliver up to justice all persons who, being charged 
with the crime' of murder, or assault with intent to commit munler, or 
piracy, or arson, or robbery, or forgery, or the utterance of forged paper, 
committed within the jurisdiction of either, shall seek an asylum, or shall 
be found within the territories of the other ; provided that this shall only 
be done upon such evidence of criminality as, according to the laws of 
the place where the fugitive or person so charged shall be found, would 
justify his apprehension and commitment for trial, if the crime .>r oi7v;nce 
had there been committed ; and the respective judges and other magistrates 
of the two governments shall have power, jurisdiction, and authority, J ujwn 
complaint made under oath, to issue a warrant for the apprehension of 
the fugitive or person so charged, that he may be brought before such 
judges or other magistrates, respectively, to the end that the evidence of 
criminality may be heard and considered ; and if, on such hearing, the 
evidence be deemed sufficient to sustain the charge, it shall be the duty of 
the examining judge or magistrate to certify the same to the proper executive 
authority, that a warrant may issue for the surrender of such fugitive. The 
expense of such apprehension and delivery shall be borne and defrayed by the 
party who makes the requisition, and receives the fugitive. 

XI. * • * ♦ The tenth article shall continue in force until one or the 
other of the parties shall signify its wish to terminate it, and no longer.'' 



i For an account of the Holmes case, which was the occasion of Article X. of 
the Ashburton Treaty, see Spears' "Law of Extradition," Chapter II., aud 
Clarke's "Law of Extradition," Chapter III. 

a Compare this list of extradition crimes with the list in the Jay T'-eaty above. 
The two treatises specified in Note 1 contain ample data for arriving at a deflui- 
tion of these terms. 

3 Two alleged criminals were extradited under this treaty by the United States 
anthorities at the request of the British Government, before any statute was 
enacted by Congress to give it effect. This was done in 1848 (!) U. S. Statutes at 
Large, 302). This Act was supplemented by another in IStiO (U. S. Statutes at 
Large, 84), and by subsequent enactments of less importance. In 1843 an Act (6 & 
7 Vict. cap. 76) was passed by the British Parliament to give effect to the tenth 
Article of the Ashburton Treaty, and this was supplemented by two later Acts (8 
Sc 9 Vict. cap. 120, and 29 & 30 Vict, cap 121). These three Statutes were all repealed 
by "The Extradition Act, 1870" which is still in force. The Canadian Statutes 
dealing with this subject are "The Extradition Act, 1877" (40 Vict. cap. 25); an 
Act passed in 18S2 (45 Vict. cap. 21) to amend the Act of 1877 ; the consolidation of 
these two Acts in the Revised Statutes of Canada, 1886 (cap. 142) ; aud an Act (52 
Vict, cap. 30) passed in 1889 to provide for the extradition of criminals to countries 
between which and Great Britain no extradition treaty exists. 

« The AshburtoB Treaty was virtually suspended for a short time in 1876 as the 
result of a di£Ferenoe of opmion between the British and United States Govern- 
ments over its working. (Spear's " Law of Extradition," cases of Caldwell, Law- 
rence, and Winslow.) 



IV 




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APPENDIX C. 



Li » 



II. STIPULATIONS WITH FRANCE RESPECTING 

FISHERIES. 

1. The Treaty of Utrecht, 1713.' 

2. The Treaty of Paris, 1763.' 

3. The Treaty of Versailles, 1783.' 

British Declaration,* Versailles, 1783. 

* * * In order that the fishermen of the two nations may not give cause 
for daily quarrels, His Britannic Majesty will take the most positive measures 
for preventing his subjects from interrupting, in any manner, by their com- 
petition, the fishery of the French, during the temixirary exercise of it which 
is granted to them, upon the coasts of the Island of Newfoundland ; and he 
will, for this i)urpose, cause the fixed settlements which shall be fonned there 
to be removed. His Britannic Majesty will give orders, that the French 
fishermen be not incommoded, in cutting the wood necessary for the repair of 
their scaffolds, huts, and fishing vessels. 

The thirteenth article of the Treaty of Utrecht, and the methcxl of carrying 
on the fishery, wliich has at all times been acknowledged, shall be the plan upon 
which the fishery shall be carried on there ; it shall not be deviated from by 
eitlier party ; the French fishermen building only their scaifolds, confining 
themselves to the repair of their fishing vessels, and not wintering there ; the 
subjects of His Britannic Majesty, on their part, not molesting in any manner 
tliG French fishermen during their fishing, nor injuring their scaffolds during 
their absence. 

The King of (ireat Britain, in ceding the islands of St. Pierre and Miquelon 
to France, regards them as ceded for the purpose of serving as a real shelter to 
the French fishermen, and in full confidence that these possessions will not 
become an object of jealousy between the two nations ; and that the fishei-y 
between the said islands and that of Newfoundland shall he limited to the 
middle of the channel. 

French Counter-Declaration,* Versailles 1783. 

* * * The King of Great Britain undoubtedly places too much con- 
fidence i.. t'le uprightness of His Majesty's intentions, not to rely upon his 
constant attention to prevent the islands of St. Pierre and Miquelon from 
becoming an object of jealousy between the twj nations. 

As to tlie fishery on the coasts of Newfoundland, which has been the object 
of the new ar aiigements settled by the two sovereigns upon this matter, it is 
sufficiently ascertained by the fifth article of tlie treaty of peace signed this 

1 oee Articles XII. -XIII., pp. 4-5 above. 

2 See Articles V.-VI.. pp. C2-6;5, above. 

8 See Articles IV.-VI., pp. 20C-2e7 above. 

4 Signed on tlio same day with the Treaty of Versailles, nK\. Both the treaty 
and the declarations were annulled by the outbreak of the war in 179H. 



EXTRADITION AND FISHERIES. 



285 



day, and by the declaration likewise delivered to-day by His Britannic 
Majesty's Ambassador Extraordinary and Plenipotentiary ; and His Majesty 
declares that he is fully satisfied on this head. 

In regard to the fishery between the island of Newfoundland and those of 
St. Pierre and Miquelon, it is rot to be carried on by either party but to the 
middle of the channel ; and His Majesty will give the most positive orders 
that the Fren"'^ fishermen shall not go bey<md this line. His Majesty ia 
firmly persuaded that the King of Great Britain will give like orders to the 
English fishermen. 1 

4. Treaty of Paris, 1814. 

XIII. The French right of fishery iiiwn the Great Banks of Newfoundland, 
upon the coasts of the island of that name, and of the adjacent islands in the 
Gulph of St. Lawrence, shall be replaced'* upon the footing' in which it stood 
in 1792. 



11-' ^;ii 1 

m 



1*p 



m 



km 



III. TREATY STIPULATIONS WITH THE UNITED 
STATES RESPECTING FISHERIES. 



1. Treaty of Paris, 1783.* 

2. Convention of London, 1818. 

I. Whereas differences have arisen respecting the liberty clain)ed by the 
United States, for the inhabitants thereof, to take, dry, and cure fish, on cer- 
tain coasts, bays, harbours, and creeks, of his Britannic Majesty's dominions 
in America, it is agreed between the high contracting parties, that the inhabi- 
tants of the said United States shall have forever, in common with the subjects 
of his Britannic Majesty, the liberty to take fish of every kind on that part of 
the southern coast of Newfoundland which extends from Cafje Ray to the 
Kameau Islands, on the western and northern coast of Newfoundland, from 



'■::;ilill 



1 In 1788 the British Parliament passed "^ Act (28 George III, cap. 35) "to carry 
into efifect the Treaty of Peace with Frau .. of 17b3, and the declaration annexed 
thereto, relative to the Newfoundland fishery." The preamble to this Statute 
recites Article XIII. of the Trea'.;y of Utrecht (1713), Article V. of the Treaty ot 
Versailles (17H3), and the above declaration of the same date, and authorize the 
King in Council to give from time to time such " orders and instructions" as may 
seem necessary to fulfil the purposes of those various conventions. 

a See Note 4, p. 284. 

» What that footing was, in the opinion of the British Government, may be 
seen from a note sent by Lord Palmerston in 18;t8 to Count Sebastiani, the French 
Ambassador. B»>o Pedley's ' History of Newfoundland," Appendix VI. In 18.57, a 
Convention between (Jreat Dritain and France, " relative to the rights of fishery 
on the Coast of Newfoundland and the neighbouring coasts," was concluded at 
London in 1857 (Hertslet's Treaties, vol. X.. pp. 749-7.'>5|, subject to ratification by 
the "Imperial Parliament of Great Britain and by the Provincial liegistature of 
Newfoundland, Her Britannic Majesty enga^ug to use her best endeavours to 
procure the passing of such laws," The additional concessions made to France 
by this convention aroused such opposition in the Newfoundland Legislature that 
the convention itself became a dead letter (Hee Pedley's "History of Newfound- 
laud," p. 482, for the despatch withdrawing the proposals.) 

* See p. 2(58 above. 



286 



APPENDIX C. 



the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen 
Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly 
on the southern coast of Labrador to and through the Streights of Bellf isle, 
and thence northwardly indefinitely along the coast, without prejudice, how- 
ever, to any of the exclusive rights of the Hudson Bay Company : And that tlie 
American fishermen shall also have liberty forever to dry and cure fish in any 
of the unsettled bays, harbours, and creeks of the southern part of the coast of 
Newfoundland hereabove described, and of the coast of Labrador ; but so soon 
as the same, or any portion thereof shall be settled, it shall not be lawful for 
the said fishermen to dry or cure fish at such jwrtion so settled, without pre- 
vious agreement for such purpose with the inhabitants, jiroprietors, or posses- 
sors of the ground. And the United States hereby renounce forever any 
liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, 
or cure fish, on or within three marine miles of any of the coasts, bay, creeks, 
or harbours, of his Britannic Majesty's dominions in America, not included 
within the alxive mentioned limits : Provided, however, that the American 
fishennen shall be admitted to enter such bays or harbours for the puriKise of 
shelter and of repairing damages therein, of purchasing wood, and of obtaining 
water, and for no other purpose whatever. But they shall be under such 
restrictions as may be necessary to prevent their taking, drying, or curing fish 
therein, or in any other manner whatever abusing the privileges liereby 
reserved to them.* 

3. The Treaty' of Washington, 1854. 

I. It is agreed by the high contracting parties, that in addition to the lilierty 
secured to the United States fishermen by the Convention of October 20, 1818, 
of taking, curing, and drying fish (.m certain coasts of the British North Ameri- 
can cokmies therein defined, the inhabitants of the United States shfvll have, 
in common with the subjects of her Britannic Majesty, the liberty to take fish 
of every kind, except shell-fish, on the sea coasts and shores, and in the bays, 
harbours, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward 
Island, and of the several islands thereunto adjacent, without being restricted 
to any distance from the shore ; with perinissicm to land upon the coasts and 
shores of those colonies and the islands thereof, and also ujion the Magdalen 
Islands, for the purpose of drying their nets and curing their fish ; provided 
that in so doing they do not interfere with the rights of private property, 
or with British fishermen in the peaceable use of any part of the said coast 
in their occupancy for the same puriK)se. It is understood that the ab<jve 



1 The convontion of 1818 was supplemented in 1819 by an Act of the British Pfir- 
liaraent (59 GeorRe III. cap 38), to enable the British Government to make regu- 
lations for its effective enforcement. Under the authority of this Act an Imperial 
Order-lu-Council was passed in the same year prohibiting all molestation of 
United States fishermen so louR as they kept within the limits assigned to 
them by treaty (Hertslet's Treaties, Vol. X., pp. 035 630). In 1844, an luiiierial 
Order-iii-Council was passed confirming an Act passed in 1843 by the Prince 
Edward Island Legislature (6 Vict. cap. 14) to regulatn fishing by United States 
citizens in the vicinity of that Province (Hertslet's " Treaties, " Vol. X., pp. 036-638) 

a Better known as the " Reciprocity " Treaty. 



II 



EXTRADITIONS AND FISHERIES. 



287 



mentioned liberty applies solely to the sea fishery, and that the salmon and 
shad fisheries, and all fisheries in rivers and the mouths of rivers, are here- 
by reserved exclusively for British fishermen. * ♦ ♦ 



it ii 
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■ ■ I 



II. It is affreed by the hiph contracting parties that British subjects shall 
have, in common with the citizens of the United States, the liberty to take fish 
of every kind, except shell-fish, on the eastern sea-coasts and shores of the United 
States north of the 3Gth parallel of north latitude, and on the shores of tlie several 
islands thereunto adjacent, and in the bays, harbours, and creeks of the said 
sea-coasts and shores of the United States and of the said islands, without 
\>en\g restricted to any distance from the shore ; with j^rmission to land upon 
the said coasts of the United States and of the islands aforesaid for the j)urpose 
of dryinp their nets and curing their fish, provided that in so doing they do 
not interfi^re with the rights of private pr()i)erty, or with the fishermen of the 
I'nited States in the i>eaceable use of any part of the said coasts in their occu- 
pancy for the same purpose. It is understood that the above-mentioned 
lil)erty applies solely to the sea fishery, and that salmon and shad fisheries and 
all fisheries in rivers and mouths of rivers, are liereby reserved exclusively for 
tisliermen of the United States. ' 



4. The Treaty of Washington, 1871.' 



1 Article V. provided that the treaty should remain in force ten years from the 
date when it came into operation, and further until the expiration of twelve 
moiitliH after either of the high contracting parties should give notice to the 
otlier of its wish to terminate it; each party bemg at liberty to givcKUch notice to 
the other at the end of the said term of ten years, or at any time afterwards. 
The Unit(Ml States gave notice under this Article on the 17th of March, INi;"), and 
the treaty lapsed on the 17th of March, 18C6. For the Act of Congress of the 
United States, and the Acts of the Parliaments of (Canada, Nova Scotia, Now 
Hniuswick, Prince Edward Island, Newfoundland, and Groat Britain, giving effect 
to the 'I'roaty of 1H54. see Hortslet's " Treaties," Vol. X. pi). 047-03.5. 

2 The fishing privileges extended to the flshenuen of each counti'y under Articles 
XVIIl-XX 1)1 this treaty were co-extonsive, geographically and otherwise, with 
those emtiodieil in the treaty of 18.5-1 above. Article XVI. secured the admission of 
flsh-oil and J\sh (except fresh water flsh and fish preserved in oili into the United 
States, and Articles XXII. -XXV. provided for the settlement by arbitration of the 
amount that should be paid by the United States to compensate for the greater 
value of the Hritish concession. The articles dealing with the fisheries were to 
continue in force for ton years, after which either party might give two years' 
notice of its wish to terminate them. The treaty took effect from the first of 
.Inly, lH7:t, and the United States Government haviiig given notice as provided, the 
ftsheru's articles lapsed in 1885. A treaty dealing with the fisheries (piestion was 
negotiated at Washington in 1888 (Dom. Bess. Papers for 1888, No. 30i, but it was 
not approved of by the United States Senate. An arrangement was proffered by 
the Pritish plenipotentiaries as a mudun vtvendi pendmg the ratification of the 
treaty, and this arrangement was in 18'J0 embodied in an Act of the Canadian 
Parliament (53 Vict. cap. 19). 



:i hi 



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.111, 



288 



APPENDIX 0. 



IV. TREATY STIPULATIONS WITH RUSSIA 
RESPECTING FISHERIES. 

1. Convention of St. Petersburg,' 1824. 

I. It is agreed that in any part of the Great Ocean, commonly called the 
Pacific Ocean, or South Sea, the respective citizens or subjects of the high 
contracting powers shall be neither disturbed nor restrained, either in naviga- 
tion or in fishing, or in the power of resorting to the coasts, upon points 
which may not already have been occupied, for the purpose of trading witli 
the natives, saving always the restrictions and conditions determined by the 
following articles. 

IV, It is nevertheless understood that during a term of ten years, counting 
from the signature of the present convention, the ships of both Powers, or 
which belong to their citizens or subjects, respectively, may reciprocally 
frequent, without any hindrance whatever, the interior seas, gulfs, harliours, 
and creeks, upon the coasts^ mentioned in the preceding article, for the pur- 
pose of fishing and trading with the natives of the country. 

2. Convention of St. Petersburg, ' 1825. 



I. It is agreed that the respective subjects of tlie high contracting parties 
shall not be troubled or molested, in any part of the ocean, commonly called 
the Pacific Ocean, either in navigating the same, in fishing therein, or in 
landing at such parts of the coast as shall not have been already occupied, in 
order to trade with the natives, under the restrictions and conditions specified 
in the following articles. 



1 Between Russia and the United States. As to its effect, Wharton (Interna- 
tional Law Digest, vol. I„ p. Ill) says: " Uussia having asserted, in 18*22-24, an 
exclusive jurisdiction over the northwest coaBt and waters of America from 
Bebriu^; strait to the flfty-tlrst degree of north latitude, this claim was resisted by 
the United States and Great Britain, and was surrendered in a convention between 
Russia and the United States, in April. 1824, for ten years (not technically renewed) 
and in a convention between Great Britain and Russia, in February, 1825, for ten 
years, re established by the treaty of June, 174H. The Russian claim was dibputed 
by J. Q. Adams, in his note to the Russian Minister of March 30, 1822." 

> The " Northwest coast of America " and the islands adjacent to it. 

* Between Great Britain and Russia. 



!i, '■ 



EXTRADITION AND FISHERIES. 



289 



VI. It is underatuod that the subjects of His Britannic Majesty, from 
whatever quarter tJ ey may arrive, whether from the ocean, or from the 
interior of the continent, shall forever enjoy the right of navigating freely, 
and without any hindrance whatever, all the rivers and streams which in 
their course towards the Pacific Ocean may cross the line of demarcation upon 
the line of coast described in Article III. of the present convention. * 

VII. It is also understood that, for the space of ten" years from the signa- 
ture of the present convention, the vessels of the two ix>wers, or those 
belonging to their resiiective subjects, shall mutually be at liberty to frequent, 
without any hindrance whatever, all the inland seas, the gulfs, havens, and 
creeks, on the coast* mentioned in Article III., for the purpose, of fishing and 
of trading with the natives. 



1 From the southern point of Prince of Wales island up the Portland Channel 
to the 56th degree of north latitude and thence along the summit of the Rocky 
Mountains to their intersection by the 14l8t meridian. 

a As to this limit see Note 1, p. 288. 

« See Note 1 above. 



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iJ90 



APPENDIX D. 



APPENDIX D. 



I. The Introduction of English Law into Upper 
Canada. 

An Act^ to repeal certain parts of an Act passed in the fourteenth year of His 
Majestifs Reign, entitled "^n Acf^ for making more effectual provision 
for the Government of the Province of Quebec in North America,^ and to 
introduce the English Law as the Rule of Decision in all matters of con- 
troversy relating to Property and Civil Rights, 

[15th October, 1792. 

Whereas by an Act passed in the fourteenth year of his present Majesty, 
intituled " An Act for making more effectual Provision for the Government of 
the Province of Quebec in North America," it was amongst other things pro- 
vided, " that in all matters of controversy relative to proijerty and civil rights 
resort should be had to the laws of Canada* as the rule for the decision of the 
same," such provision being manifestly and avowedly intended for the accom- 
mo<lation of His Majesty's Canadian subjects : And Whereas, since the pass- 
ing of the Act aforesaid, that part of the late Province of Quebec, now compre- 
hended within the Province of Upiier Canada, having become inhabited prin- 
cipally by British subjects born and educated in countries where the English 
laws were established, and who are unaccustomed to the laws of Canada, it is 
inexpedient that the provision aforesaid, contained in the said Act of the four- 
teenth year of his present Majesty, should be continued in this Province : 

Be it enacted by the King's Most Excellent Majesty, by and with the advice 
and ct)nsent of the Legislative Council and Assembly of the Province of Upper 
Canada, constituted and assembled by virtue of and under the authority of an 
Act * passed in the Parliament of Great Britain, intituled " An Act to reiieal 



1 Passed by the first Parliament of Upper Canada as the first Act of its first 
seseiuvi, and known as 3'2 George III. cap. 1. 
; Tba Quebec Act, 1774. 

■ TheBo wore the laws of French Canada. See the Quebec Act, 1774, section VIII. 
* '. nti Constitutional .\ct, 1701. 



ENGLISH LAW IN UPPER CANADA. 



291 



certain parts of an Act passed in the fourteenth year of His Majesty's Reign, 
intituled ' An Act for making more effectual provision for the Government of 
the Province of Quetec in Nortli America,' and to make further provision for 
the Government of the said Province," and by the authority of the same, 
that from and after the passing of this Act the said provision, containttd in 
the said Act of the fourteenth year of his present Majesty, be, and the same 
is Iiereby repealed ; and the authority of the said laws of Canada, and every 
part thereof, as forming a rule of decision in all matters of controversy relative 
to proixjrty and civil rights, shall be annulled, made void, and abolished through- 
out this Province, and that tlie said laws, nor any part thereof as such, shall 
be of any force or authority within the said Province, nor binding on any 
of the inhabitants thereof. 

II. Provided always, and be it enacted by the authority aforesaid, that 
nothing in this Act shall extend to extinguish, release or discharge, or other- 
wise affect any existing right, lawful claim or incumbrance, to and upon any 
lands, tenements or hereditaments within the said Province, or to rescind or 
vacate, or otherwise affect any contract or security already made and executed 
conformably to the usages prescribed by the said Laws of Canada. 

III. And be it further enacted by the authority aforesaid, that from and 
after the passing of this Act, in all matters of controversy relative to projierty 
and civil rights, resort shall be had to the laws of England, as the rule for the 
decision of the same. 



^'[iii 



iiiiii 

IIH! 






IV. Provided always, and lie it enacted by the authority aforesaid, that 
nothing in this Act shall extend, or be construed to extend, to repeal or vary 
any of the Ordinances made and passed by the Governor and Legislative Coun- 
cil of the Province of Quebec previous to the division of the same into the 
Provinces of Upper and Lower Canada, otherwise than as they are necessarily 
varied by the provisions lierein mentioned. 

V. And be it further enacted by the authority aforesaid, that all matters 
relative to testimony and legal proof in the investigation of fact, and the forms 
thereof, in the several Courts of Law and Equity within this Province, be 
regulated by the rules of evidence established in England. 





i 

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III 



VI. Provided always, and be it enacted by the authority aforesaid, that 
nothing in this Act contained shall vary or interfere, or be construed to vary or 
interfere w^ith any of the subsisting provisions respecting Ecclesiastical rights 
or dues within this Province, or with the fonns of proceeding in civil actions, 
or the jurisdiction of Courts already established, or to introduce any of the 
laws of England respecting the maintenance of the poor, or respecting 
bankrupts. 



H.C.C. 



19 



■, 




ii 




■kp 


, 



292 



APPENDIX D. 



2. The Introduction of Trial by Jury into Upper 
Canada. 

An Act^ to Entablish Trials hy Jury. 

Whereas the trial by jury has been long established and approved in our 
Mother Country, and is one of the chief benefits to be attained by a free 
Constitution ; 

Be it therefore enacted by the King's Most Excellent Majesty, by and with 
the advice and consent of the Legislative Council and Assembly of the 
Province of Upper Canada, constituted and assembled by virtue of and under 
the authority of an Act passed in the Parliament of Great Britain, intituled, 
" An Act to repeal certain parts of an Act passed in the fourteenth year of 
His Majesty's reign, intituled, ' An Act for making more effectual provision 
for the Government of the Province of Quebec in North America,' and to 
make further provision for the government of the said Province," and by the 
authority of the same, that from and after the first day of December in this 
present year of Our Lord, one thousand seven hundred and ninety-two, all 
and every issue and issues of fact, which shall be joined in any action, real, 
personal, or mixed, and brought in any of His Majesty's courts of justice 
within the Province aforesaid, shall be tried and detennined by the unani- 
mous verdict of twelve jurors, duly sworn for the trial of such issue or issues, 
which jurors shall be summoned and taken confonnably to the law and 
custom of England. 

II. Provided always, and be it further enacted by the authority afon'said, 
that nothing herein contained shall prevent, or be construed to prevent, the 
said jurors from bringing in a special verdict. 



1 The secoud Act passed by the first Parliament of Up^ier Canada at its ttrBt, 
sessiou, and known as 32 George III. cap. 2. 



RESPONSIBLE OOVBRNMBNT IN CANADA. 



298 



APPENDIX E. 



THE INTRODUCTION OF RESPONSIBLE GOVERN- 
MENT INTO CANADA. 

I. Lord Durham's Report.^ 

• * • • « • • 

Such are the lamentable results of the political and social evils" which have 
so long agitated the Canadas ; and such is their condition that at the present 
moment we are called on to take immediate precautions against dangers hu 
alarming as those of rebellion, foreign invasion, and utter exhaustion and 
depopulation." When I look on the various and deep-rooted causes of mis- 
chief which the past inquiry has jjointed out as existing in every institution, 
in the constitutions, and in the very comptwition of society throughout a great 
part of these Provinces, I almost shrink from the apparent presumption of 
grappling with these gigantic difficulties. Nor shall I attempt to do so in 
detail. I rely on the efficacy of reform in the constitutional system by which 
these colonies are governed, for the removal of every abuse in their adminis- 
tration which defective institutions have engendered. If a system can be 
devised which shall lay in these countries the foundation of an efficient and 
Xx>pular government, ensure harmony in place of collision between the various 
powers of the State, and bring the influence of a vigorous public opinion to 

1 These extracts are reprinted from the British Parliann-ntary paper, printed 
by order of the House of Commons. The Report is dated "London, 3l8t January, 
ia39," and the order for printing was made on the 11th of February of the same 
year. 

3 The "results" an^ " evils " here mentioned are described in the previous part 
of the report. AmonRst them are the strugRle between the French and English 
races in Lower Canada, collision s GeTiveen the Executive and the Legislative 
Assembly in different Provmces, CQllisiiyjs between the Legislative Councils and 
the Legislative AssembHes, ^Jyise oTThe system of Provincial grants for local 
public works, \jant of vigorous administration of the royal prerogative, ijutex- 
ference of the c51onial Department in the details of Colonial GoveiMment, 
iyres^onsibility of the Executive Council, the absence of any division of the 
pulilic service into regular ministerial departrtlfinffl, ll^ewant of mimicipal insti- 
tutions, the inelflcieiit administration of justice in Lower C'&ada, defective means 
of education, 'Qie clergy reserves and tlie establishment of rectories,'the want of 
means of communication between different parts of each Province, v^ftstfiful mis- 
appropriation of Crown lands, and lack of proper arrangements for thereception 
and dispasition of immigrants. SoTne of these matters are dealt with at great 
length in the Appendixes to the Keport. 

» Lord Durham felt and expressed the fear that an emigration of English 
speaking settlers from Upper Canada to the United states was likely to take place. 
He cites, in support of his position a number of cases which had come to bis 
knowledge, and avows his belief that these emigrants were not ell politically dis- 
affected towards the Qovernment. 






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294 



APPENDIX E. 



l)ear on every detail of public affaira, we may rely on sufficient remedies l)ein)7 
fo".?id for the present vices of the administrative system. 

Th'> preceding pages have sufficiently pointed out the nature of those 
evils, to the extensive ofjeration of which I attribute the various practical 
grievances, and the present unsatisfactory condition of the North American 
colonies. It is not by weakening, but strengthening the influence of the i)eoplc 
on its government ; by confining within much narrt>wer bounds than those 
hitherto allotted to it, and not by extending the interference of the imperial 
authorities in the details of colonial affairs, that I believe that harmony is to 
be restored, where dissension has so long prevailed ; and regularity and 
vigour, hitherto unknown, intnKliiced into the administration of these Pro- 
vinces. It needs no change in the principles of government, no invention of a 
new constitutional thory, to supply the remedy which would, in my opinion, 
completely remove the existing iK)litical disorders. It needs but to ff>llow out 
consistently the princijiles of the British constitution, and introduce into the 
government of these great colonies those wise jirovisions, by which alone the 
working of the represtsntative system can in any country be rtmdered har- 
monious and efficient. We are not now to consider the jKilicy of establishinj,' 
representative government in the North American colonics. That has been 
irrevocably done ;' and the exjwriment of depriving the i">eo])le of their present 
constitution.al power is not to be thought of. To conduct their government 
harmoniously, in accordance with its established principles, is now the 
business of its rulers ; and I know not how it is possible to secure that har- 
mony in any other way than by administering the government on those princi- 
ples which have been found perfectly efficacious in Great Britain. ^ I would not 
impair a single prerogative of the Crown ; on the contrary I believe that tho 
interests of the i)eoi)le of these colonies require the protection of jirerogatives 
which have not hitherto been exercised.^ But the Crown must on the other 
hand, submit to the necessary consequences of representative institutions ; 
and if it has to carry on the government in unison with a representative body, 
it must consent to carry it on by meaiis of those in whom that representative 
body has confidence. 



1 See pp. 7-25, and 112-148. 

2 Elsewhere in his Ueport (p. 29 of the British Parliamentary paper) Lord 
Durham, speakiufi of the freedom of the administration from the influence of the 
Legislative Asseuibly, says " This entire separation of the legislative and execu- 
tive powers of a State is the natural error of governments desirous of being free 
from the check of representative institutions. Since the Kevolution of 1688, the 
stability of the English Constitution has been secured by that wise principle of 
our government which has vested the direction of the national policy, and the 
distribution of patronage, in the leaders of the parliamentary majority." 

8 On p. 37 of the Beport he says: " The defective system of administration iu 
Lower-Cabada commences at the very sourct) bf power ; and the efliciency of the 
public service is impaired throughout by the entire want in the Colony of any 
vigorous administration of the prerogative of the Crown. The fact is that, 
according to the present system, there is no real representative of the Crown in 
in the Province ; there is in it, literally no power which originates and conducts 
the Executive government. The Governor, it is true, is said to represent the 
Sovereign, and the authority of the Crown is, to a certain extent, delegated to 
him ; but he is, in fact, a mere subordinate officer, receiving his orders from the 
Secretary of State, responsible to him for his conduct, and guided by his instruc- 
tions." 



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RESPONSIBLE GOVERNMENT IN CANADA. 



295 



In England this principle has been so long oonHidered an indisputable and 
essential part of our constitution, that it lias really hardly ever btien found 
neoessary to inquire into the means by which its observance is enforced. 
When a ministry ceases to command a majority in Parliament on great 
questions of imlicy, its doom is immediately sealed ; and it would ai>pear to 
us as strange to attempt for any time, to carry on a government by means of 
ministers perpetually in a minority, as it would be to pass laws with a 
majority of votes against them. The ancient constitutional remedies, by 
im])eachment and stoppage of the supplies, have never since the reign of 
William III. been brought into o[>eration for the purpose of removing a 
ministry. They have never been called for, liecause in fact it has l)een the 
habit of ministers rather to anticipate the occurrence of an absolutely hostile 
vote, and to retire when supi)orted only by a bare and uncertain majority. 
If colonial legislatures have frequently stojiijed the sujjplies, if they have 
harassed public servants by unjust or harsh iui|)eachments, it was because the 
removal of an unpopular administration could not lie effected in the colonies 
by those milder indications of a want of confidence, which have always sufficed 
to attain the end in the Mother Country. 

The mtsans which have occasionally been proposed in the Colonies themselves 
appear to me by no means calculated to attain the desired end in the best way. 
These proposals indicate such a want of reliance on the willingiu'ss of the 
Imperial Government to acquiesce in the adojjtion of a Iwstter system, as, if 
warranted, would render an hannonious adjustment of the different powers of 
the State utterly hopeless. An elective Executive Council would not only be 
utterly inconsistent with monarchical government, but would really, under the 
nominal authority of the Crown, deprive the community of one of the great 
advantages of an hereditary monarchy. Every puriK)se of jwpular control 
might be combined with every advantage of vesting the immediate choice of 
Jidvisers in the ('rown, were the Colonial Governor to be instructed to secure 
the CO- )peration of the Assembly in his policy, by intrusting its administration 
to such men as could command a majority ; and if he were given to understand 
that he need count on no aid from home in any difference with the Assem- 
bly, that should not directly involve the relations between tlie Mother Country 
and the colony. This change might be effected by a single despatch i contain- 
ing such instructions ; or if any legal enactment were requisite, it would only 
be one that would render it necessary that the official acts of the Governor 
should be countersigned by some i)ublic functionary. This would induce 
responsibility for every act of the Government, and, as a natural consequence, 
it would necessitate the substitution of a system of administration, by means 
of competent heads of departments, for the present rude machinery of an Exe- 
cutive Council. '■* The Governor, it he wished to retain advisers not jjossessing 

1 See despatches of Lord John Kussell to Lord Sydenham (pp. 299-:)02 below). 

2 In a previous part of his report, Lord Durham gives this description of the 
GxeoutWe Council (p. 39): " It is a body of which the constitution somewhat 
reseihbTes that of the Privy Council ; it is bound by a similar oath of secresy ; it 
discharges in the same manner certain anomalous judicial fuuctious ; and ita 
'consent and advice' are required in some cases in which the observance of that 
form has been thought a requisite check on the exercise of particular prerogatives 



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APPENDIX E. 



the confidence of the exiHting AaHembly, might rely on the effect of an appeal 
to the people,* and, if unMuccessful, he might be coerced by a refunal of supplies, 
or his advisers might lie terrifie<l by the prospect of imi)eachment. But 
there can be no reason for apprehending that either party would enter on a 
contest, when each would find its interests in the maintenance of hami(<ny ; 
and the abuse of the powers which each would constitutionally iMjssess, would 
cease when the struggle for larger powers became unnecessary. Nor can I 
conceive that it would be found imjiossiblc or difficult to conduct a Colonial 
(Government with precisely that limitation of the resj)ective {X)wer8 which has 
been so long and so easily maintained in Great Britain. 

I know that it has been urged that the principles which are productive of 
harmony and good government in the Mother Country, are by no means 
iipplicable to a colonial dei>eiulency. It is said that it is necessary that the 
administration of a colony should be carrietl on by jtersons nominated without 
any reference to the wislies of its [leople ; that they have to carry into effect 
the policy, not of that people, but of the authorities at home ; and that a 
colony which should name all its own administrative functionaries would in 
fact cease to be dependent. I admit that the system which I pro|K)se would 
in fact place the internal government of th<! colony in the hands of the 
color! -,s themselves; and that we should thus leave to them the execution 
of the laws, of which we have long entrusted the making solely to them. 
Perfectly aware of the value of our colonial possessions, and strongly im- 
pressed with the necessity of maintaining our connexion with them, I know 
not in what respect it can be desirable that we should interfere with their 
internal legislation in matters which do not affect their relations with the 
Mother Country. The matters which so concern us are very few."^ The 
constitution of the form of government, — the regulatirm of foreign relations, 
and of trade with the Mother Country, the other British colonies and foreign 
nations, — and the disfKisal of the public lands, are the only points on which 
the Mother Country requires a control.^ This control is now sufficiently 

of the Crown. But in other rospects it bears a greater resemblii^ce to a Cabinet, 
tlie Governor beiu^ in the habit of taking its advice on most at the iriportant 
questions of his policy, riut as there is no division into departm^ts in the Coun- 
cil there is no individual responsibility and no individual BU))erint6ndence. Each 
member of the Council tukes an equal part in all the business brought before it. 
The power of removing members being very rarely exercised, the' Council is iu 
fact for the most part composed of persons placed in it long ago ; and the 
Governor is obliged either to take the advice of persons in whom he has no con- 
fidence, or to consult only a portion of the Council. The secresy of the proceed- 
ings adds to the irresponsibility of the body; and when the Governor takes an 
important Step, it is not known, or not authentically known, whether he has 
taken the advice of this Council or not, what members he has consulted, or by the 
advice of which of the body he has been finally guided." 

1 Todd's " Parliamentary Government in the British Colonies," pp. 525-573. 

2 Lord Durham (Keport, p. 30) says " it has never been very clearly exj)lained 
what are the imperial interests " which make it necessary that " ofiicers of 
Government should be nominated by the Crown, without any reference to the 
community, whose interests are entrusted to their keeping." 

8 Compare the British North America Act, 1867, with respect to the first and 
third of these subjects; Canada is apparently completely autonomous in tlie 
matter of trade— that is to say, she can impose any conditions she pleases on the 
import and export of goods of all kinds. 



4 



RESPONSIBLE OOVERNMENT IN CANADA. 



297 



secured by the authority of the Iin|)erial LegiHlature ; by the protectipn whicti 
the colony deriveH from ua ag^ainHt foreign enemies ; by the beneficial terms 
which nur lawH Hecure to its trade ; and by its share of the reciprocal benefits 
which would be conferred by a wise system of colonization. A perfect 
subordination, on the part of the colony, on these (Kiints is secured by the 
advantages which it finds in the continuance of its connexion with the Empire. 
It certainly is not strengthene<l, but (rr<'iitly weakened, by a vexatious inter- 
ference on the part of the Home Govejument, with the enaotnient of laws for 
regulating the internal concerns of the colony, or in the selection of the per- 
sons entrusted with their execution. The colonists may nt»t always know 
what laws are liest for them, or which of their countrymen are the fittest for 
conducting their affairs ; but at least they have a greater interest in coming to 
a right judgment on these points, and will take greater {uiins to do so than 
those whose welfare is very remotely and slightly atfeote«l by the g(XKl or bad 
legislation of these (xirtions of the Empire. If the colonists make bad laws, 
and select improi)er jHjrsons to conduct their affairs, they will generally be the 
only, always the greatest sufferers ; and, like the i)eople of other countries, 
they must bear the ills which they bring on themselves, until they choose to 
apply the remedy. But it surely cannot be the duty or the interest of Ureat 
Britain to keep a most expensive military possession of these colonies, in 
order that a Governor or Secretary of State may be able to confer colonial 
appointments on one rather than another set of persons in the colonies. For 
this is really the only question at issue. The slightest ivc(iuaintance with 
these colonies jiroves the fallacy of the common notion, that any considerable 
amount of patronage in them is distributed among strangers from the Mother 
Country. Whatever inconvenience a consequent frequency of changes among 
the holders of office may ])roduce is a necessary disadavantage of free govern- 
ment, which will be amply compensated by the iHjriHjtual harmony which the 
system nuist produce between the people and its rulers. Nor do I fear that 
the chai"acter of the public servants will, in any resjiect, suffer from a more 
(topular tenure of office. For I can conceive no system so calculated to 
fill imiK)rtant jMJsts with inefficient jieiBons as the present, in which public 
opinion is too little consulted in the original api)ointment, and in wliich it is 
almost impossible to remove those who disai)point the expectations of their 
Bseiulness, without inflicting a kind of brand on their capacity or integrity. 



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The imiiortant alteration in the jwlicy of the Colonial Government which I 
recommend, might be wholly or in part effected for the present by the unaided 
iiuthority of the Crown ; and I believe that the great mass of diicontent in 
Upper Canada, which is not directly connected ^vith personal irritation 
arising out of the incidents of the late troubles,^ might be dispelled by an 
assurance that the government of the colony should henceforth be canied on 
in conformity with the views of the majority in the Assembly. But I think 
that for the well-being of the colonies and the security of the Mother Country, 



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APPENDIX K. 






it is necessary that such a change should be rendered more permanent' than a 
momentary sense of the existing difficulties can ensure its being. T canmit 
lielieve th.at perscms in jxiwer in tliis country will Ik- restrained fnin the 
injudicious interference with the internfil management of these colonies whicli 
I deprecate, while they remain the l>etty and divided communities which tht y 
now are. Tlie public attenti(m at home is distracted by the various iunl 
sometimes ccmtrary complaints of these different contiguous IVovinces. Kach 
now urges its demands at different times, and in somewhat different forms. 
and the interests which each individual complainant represents as in peril arc 
too petty to attract the due attention of the Empire. But if these important 
and extensive colonies should sjieak with one voice, if it were felt that every 
error of our colcmial policy must cau.se a common suffering and a connnon 
discontent throughout the whole wide extent of British America, thcjse coin- 
l>laints would n(!ver be provoked ; l)ecaus»? no authority woidd venture to run 
counter to the wishes of such a connnunity; ex(;ei)t on points absohitely 
involving the few imoerial interests which it is necessary to remove from the 
jurisdiction ()f col<mial legislation. - 

It is necessary that i should il.-^o reconuiiend what ai)pears to me an essen- 
tial limitation on the present I'ower.. of tli.; representative bodies in these 
colonies. I consider good government not to be attainable while the present 
unrestricted powers of voting jniblic money, and of managing the local 
ex|ienditur(! of the comnumity are lodged in the hands of an Assembly. As 
long as revenue is raised, which leaves a large surplus after the payuu-nt of 
the necessary expenses of the civil goverment, and as long as any member of 
tlie Assembly may, without restricition, propose a vote of [mblie money, so 
long will the Assembly retain in its hands the powers wiiich it everywhere 
abuses, of mis;v|)plying that money. The prerog.itive of the Crown which is 
constantly exeriMsed in (Jreat Britain for tiie real i)nitection of tlie people, 
ought never to have been waived in the colonies ; and if the ride of the 
Imperial I'arliament, that no money vote siiould be proposed witiiout thi' 
previous consent of the Crown,'' were introduced hiUt tliese colonies, it niigtit 
be wisely employed in protecting tiie jiublic interests, now fre(|uently 
sacrificed in that scrambU' for local api)ropriations, wiiicli chiefly serves to 
give an undue influence to particular individuals or [larties. 






1 Among tlie spec'flc proiiosals formulated by Lord Durham us tlie basis of an 
Act to repeal the Constitutional Act. 1791, was the following one: " The res])(iii- 
sibility to the United Legislature of all the otticers of the (iovcrnment, except the 
(iovornor anil his Secretary, should he secured hy every means known to the 
British Constitution. The (.iovernor, as the representative of the Crown, should 
be instructed that ho must carry on his (ioveriiinent by heads of departments, in 
whom the United Legislature shall repose coiifidence; and that he must look for 
) support from home in any contest with the Legisliiture, except on points 
i \ jlviiig strictly Imperial interests" iHeport, p. 117). 

'•« A Special Cotniiiittee of the Legislative ('ouncil of Upper Canada, of which tlie 
Hon. J. S. Macaulay was chairman, prepared a reply to Lord iJurliaiu's plea for 
responsible government, It is dated, May U, 18;^9, and appears, witli other com- 
ments r>n the Report, as Appendix O.Ci. to the Council's Journals for the session of 
that year. 

it This recommendation is repeated (Ueport, p. 117) as one of the proposals to be 
embodied in the Act of Parliament. See the Union .\ct, imo, sci.'tioii 57 ; and the 
Confederation Act. section .54. \ 



i 11^^ 



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RESPONSIBLE GOVERNMENT IN CANADA. 



299 



2. Lord John Russell's Despatches' 

(a) lust rue til) nii' to Lord Si/denliam {Sefit. 7th, IS-iO). 



ill I i 



The intelligence which has readied me from I^piht Caniula makes it prob- 
able that you may be called upon for some explanation of the views of the 
Ministers of tiie Crown, on aquestitm res]K!cting which the V>\W to which I have 
referred, is necessarily silent. I allude to the nature and extent of the contrrj], 
which the jxjijular branch of the United Legislature will bt> admitted to exercise 
< )ver the conduct of the Exec\itive (Tovernment ; and the continuance in the 
[mblic service of its |)rincipal otficcrs. But it is evidently impossible to reduce 
into tl'.e form of a positive enactment, a constitutional principle of this nature. 
The importance of maintaining the utmost possible harmony lietween the 
policy of the Legislature and of the Executive (TOvernment, admits of no 
question ; and it will of course be your anxious endeavour to call to \'>ur 
Counsels and to employ in the public service thost; jjersons who, by their 
position and character, have obtained the general confidence and esteem of 
the inhabitants of the Province. 






1 Tho text of these despatches is reprinted from a return to an address from the 
LeRislative Assembly of Canada to tlio (lovornor-Goiieral, liord Sydoiiliam. The 
return is dated, Auf»ust 17, IH^l, and the address was adopted by the Assembly on 
the .5th of the same month. The latter was moved by .Mr. Baldwin, seconded by 
Mr. Vi^er, and carried without a division. The retiuMi is printed as Appendix 
li.B. to tho Assembly .Journals of IHJl, the rtrst session of the first Parliament of 
the Province of Canada. It is worthy of note that when Lord Sydenham was 
asked by addross of the Legislative .Vssembly of Ui)per Canada in the session of 
I.s;i9 for copies of desijatches from the Imperial Government relatlns to responsible 
Government, he evaded the request, though those here pnnted were then in his 
posseBBiou. That address was adopted by tho Assembly on theJ'itU of December, 
1839; on that day a despatch of the IGth of October from LorcTJohn Russell to 
Liout.-Governor Sir G(;ort,'o .Vrthur, doaliuK with tho tenure on which public 
oliicep wore held, was brought down to the .\ssembly. No reply was made to the 
address of the 13th of December until the 14th of .lanuary, 1H40, on which day Lord 
Sydenham sent a mes-'sage reKrettiuK that it was " not in his power to communi- 
cate to the House of Asson(l)ly any despatches on the subject referred to," and 
adding : " Tho Governor-General has received Her Majesty's commands to aihnin- 
ister the Govermnent of these Provinces in acconhmce with the well iindurstood 
wishes and interests of the people, and to pny to their feelinKs, as expnsssed 
through their representatives, the deference that is justly due to them. Tliese are 
the commands of Her Majesty, and these are the views with which Her ^fajosty's 
Government desire that the administration of these Provinces should bo con- 
ducted ; and it will bo the earnest and anxious desire of the Governor-General to 
discharge the trust committed to him, in accordance with these principles." The 
address to which this message was a reply had been moved by Mr. Sherwood and 
seconded by Mr. Rykert. 

a The despatch coutaiuing the " instructions" from which the above extract is 
taken, will be found printed in full in the Assembly .Journals of IHil. pp. .'1".)()-;RW. 
it was brought down in response to an addross moved by Sir .Mian McNab an<l 
seconded by Mr. '/artwright. Lord Sydenham arrived in Quebec on the IHth of 
October, 1839. 

« Ba^ed on Lord Durham's Report. 



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APPENDIX E. 






*1 



hi 






. 1 






(/>) Despatch to Lord Si/denhnm (October 14th, 1839). 

Downing Street, 14th October, 1839. 
Sir, — It appears from Sir Georj^e Aithur's Despatches, that you may 
encounter much difficulty in subduing the excitement which prevails on the 
question of what is called *' Reaixjnsible Government." I have to instruct you, 
however, to refuse any explanation which mAy be construed to imply an 
acquiescence in the Petitions and Addresses uptm this subject. I cannot 
better commence this Despatch than by a reference to the Resolutions of both 
Houses of Parliament' of the 28th April and 9th May in the year 1837. 

The Assembly of Lower Canatla having repeatedly pressed this jjoint. Her 
Majesty's Confidential Advisers at that period thought it necesary not only t<j 
exjjlain their views in the communications of the Secretary c»f State, but 
expressly called for the opinion of Parliament on the subject. The Crown and 
the two Houses of Lords and Commons have thus decisively pronounced a 
judgment u))on tlie question ; you will consider yourself precluded from enter- 
taining any proposition on the subject. It does not api)ear indeed, that any 
very definite meaning is generally agreed uikju by those who call themselves 
the advocates of this principle, but its very vagueness is a source of delusion, 
and if at all encouraged, would prove the cause of embarrassment and danger. 

The Constitution of England after long struggles and alternate success, has 
settled into a form of (xovernnient in which the prerogative of the Crown is 
undisputed, but is never exercised without advice. Hence the exercise only is 
questioned, and however the use of the authority may be condenmed, the 
authority itself renuiins untouclied. 

This is the ))ractical solution of a great problem-the result of a contest — 
wliich from l(i40 to KHH) shook tlie Monarchy and disturbed the peace of tlie 
Country. 

But if we seek to apply sucli a practice to a Colony, we shall at once find 
ourselves at fault. The [unver for which a Minister is resptmsible in England, 
is not his own power, but the power of the Crown, of which he is for the time 
the organ. It is obvious that the Executive Councillor of the Colony is in a situa- 
tion totally different. The (iovernor luider whom he serves receives his orders 
from tlie Crown of England. Hut can the Colonial Council be the Advisers of 
the Crown of England? Evidently not, for the Crown has other Advisers for 
the same functions, and with superior authority. 

It may happen, therefore, that the (lovernor receives at one and the same 
tinu' instructions from the l^"''*'" '"'f' advice from his Executive Council, 
totally at variance with t-ach other. If he is to obey his instructions from 
England, the parallel of constitutional res|K)nsibility entirely fails ; if on the 

1 The Imperial Parliament. Auiendnuuits looking to tlie reeoRnition of respon- 
sible Riivernmeut were inovocl iu the Hoiiso of Commons, but voted down, ami 
Lord IJroiih'liam entered his dissent, witli reasons, on tiie tlonrnals of the Houso 
of Loi'.ls. Tlie resolution dealing witli responsible Koveriiinoiit is as follows : 
" That while it is exiiudlent to iniprovu the composition of the Kxocutivo Council 
In Lower Canndii, it is unadvisable to subject it to tlitj re 
by the House of Assembly of that Province." 



responsibility demanded 



RESPONSIBLE GOVERNMENT IN CANADA. 



301 



other hand, he is to follow the advice of his Council, he is no longer a subordi- 
nate Officer, but an indeiiendent Sovereign. 

Tliere are some cases in vvliich the force of these objections is so manifest, 
that those who at first made no distinction between the Constitution of the 
Ignited Kingdom and that of the Colonies, admit their strength. I allude to 
the questions of foreign war and international relations whether of trade or 
diplomacy. It is now said that internal Government is alone intended. 

But there are some cases of internal Goveriunent in wliich the honor of the 
Crown or the faith of Parliament, or the safety of the State are so seriously 
involved, that it would not be jxissible for Her Majesty to delegate the author- 
ity to a Minister in a Colony. I will put for illustration some of the cases which 
have occurred in that very Province, whei-e the Petition for a resjK)!!. 'e 
Executive first arose— I mean Lower Canada. 

During the time when a large majority of the Assembly of Lower Canada 
followed Mr. Papineau as their leader, it was obviously the aim of that 
gentleman to discourage all who did their duty to the Crown within the Pro- 
vince, and to deter all those who should resort to Canada with British habits 
and feelings from without. I need not say that it would have been innwssible 
for an}' Minister to supiK)rt in the Parliament of the United Kingdom the 
measures which a Ministry, headed by Mr. Papineau, would have imiKwed 
ujwn the Governor of Lower Canada. British Officers pimished for doing 
their duty, — British Emigrants defrauded of their property, — Britislj Mer- 
chants discouraged in their lawful pursuits, would have loudly appealed to 
Parliamcnit against Canadian Ministry, and would have demanded pro- 
tection. • 

Let us siipiK)se the Assembly, as then constituted, to have Inieu sitting when 
Sir John Colborne susiK'nded two of the Judges. Would any Councillor, 
possessing the confidence oi the Assembly, have made himself resjujusible for 
such an act? And yet the vei\y safety of the Province deiH'udffd ujxjn its 
adoption, — nay, the very orders of which Your Excellency is yourself the 
bearer respecting Me>;srs. Bedard and Panet, would never l)e adopted or put in 
execution by a Ministry depending for existence on a majority led by Mr. 
Papineau. 

Nor can any one take uiwn himself to say tliat such cases will not again 
occur. The i)rinciple onci' sanctioned, no one can say how so")n its application 
might be dangerous or even dishonorable, wliile all will agree tliat to recall the 
power tlius conceded, would l)e imiK)ssible. 

While I tluis see iiiKui)erable oljjections to the adoption of the principle as it 
has been stated. I see little or none to the practical vimvs of Colonial (Jovern- 
ment recommended by Lord Durham, as I \UKlerstand them. Tlie C^ueen's 
Goveriunent have no desire to tliwart the Kepi-esentative Assemblies of liritish 
North America in tlieir measures of reform and improvement. Tliey have no 



1 1 If 






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1 Loi'd John Russell's information was derivecl from many desimtelies from 
Goveniors. and especially from ill the report presented in lH;t7 by liord (iosford, 
and his fellow conmiissioners, Sir Olmrlus (irey, and Sir (ieor^'e (tipps, and (2) the 
report submitted by Lord Durham early in IKJy. 



'''■;!' 



302 



APPENDIX K. 






wish to make tliiise Provinces the resource for patronage at lK)itie. Tliey are 
eurnesly intent on giving to the talent and character of leading jiersons in the 
Colonies advantages similar to tliose which talent and ciiaracter employed in 
the public service, obtain in the United Kingdom. Her Majesty has no desire 
t<) maintain any system of i)olicy among Her North American subjects which 
opinion condemns. In receiving tlie t^ueen's connnands, therefore, to prot<"st 
iigainst any declaration at variance with the honour of the Cixjwn ami the unity 
of the Empire, I am at the same time instructed to announce Her Majesty's 
gracious intention to l(M)k to the affectionate attachment of Her jjeople in 
North America as the l»est security for permanent dominion. 

It is necessary for this piniKJse, that no official misconduct should V)e screeneil 
by Her Majesty's Repifsentative in the Provinces, and that no private interests 
should l)e allowed to comi)ete with the general good. 

Your Excellency is fiilly in jwssession of the princijiles which have guided 
Her Majesty's advisers on this subject, and you nnist l)e aware that there is no 
surer way of earning the approbation of the (^ueen tlian by maintaining the 
harmony of the Executive with the Legislative authorities. 

While I have thus cautitmed you against any declaration from wliich dan- 
gerous consequences might hereafter How, and instructed you as to tiie general 
line of yom* conduct, it may V>e said that I iiave mtt drawn any specific line 
beyond which tiie power of the (Jovernor on one hand and tlie [U'ivilege of the 
Assembly on the other, ought not to extend. But tliis nuist be the case in any 
mixed (lovernment. Everv political Constitution in wlii(.'ii different biKlies 
share the supreme jiower, is only enabled to exist by ttie forbearance of those 
among whom this power is distributed. In this respect tlie examj)le of Eng- 
land may well 1h^ imitated. The Sovereign using the I'rerogative of the Crown 
to the utmost extent, and the House of Commons exerting its power of tlic 
pur.se to carry all its resolutions into jmmediate effect, would jiroduce c<>ii- 
fitsiou in the country in less than a twelve montli. So in a Ct)lony, the (gov- 
ernor thwarting every legitimate i)roposition of the Assembly, and the 
Assembly continually recurring to its power of refusing s\ipplies can but 
disturb all jHilitical relations, embarrass trade, and retard tlie i»rosperity of tlie 
people. Each must exercise a wise moderation. The (Jovernor must only 
oppose the wisiies of the Assembly wliere the honour of tiie Crown or the inter- 
ests of the Enii)ire are deeply concerned ; and the Assembly must be ready to 
moflify some of its measures for the sake of harmony and from a reverent 
attachment to tlie authority of (Jreat ih'itain. 



I have, etc., 

(Signed,) 
The Right Honorable C. Pori.Krr Thomson, etc. 



.1. RUSSELL. 



RESPONSIBLE GOVERNMENT IN CANADA. 



303 






3. Legislative Assembly Resolutions, 1841' 

(a) Proposed hj Hon. llohnt Bahhnn. 

1. That the most important a« well aa the most undoubted of the j«>litioaI 
rights of the jieople of tliis Province is that of having a IVovincial Parliament 
for the pnjtoction of their lilxirties, for the exercise of their constitutional influ- 
ence over the Plxecutive Departments of their Government, and for legislation 
upon all matters which do not, on the grovinds (jf absolute necessity, constitu- 
tionally belong to the jurisdiction of the Imperial Parliament, as the para- 
mount authority of the Empire. 

2. That the he.ad of the Provincial Executive (lovennnent of the Province 
boincr within the limits of his Governnii'nt, tlie representative of the Sovereign, 
is not constitutionally resiwnsible to anj- other than the authorities of tlie 
Empire. 

3. That the rei)resentative of the Sovereign for the projwr conduct and 
efficient dis[)osal of the public business is necessarily obliged to make use of the 
advice and assistance of subordinate officers in the administration of his 
Government. 

4. That in order to preserve that harmony between the different branclus of 
tlie Provincial Parliament which is essential to the hajipy conduct of public 
affairs the principal of such subordinate officers, advisers of the representative of 
the Sovereign, and constituting as such tlie Provincial aditiinistration under liiui 
as the head of the Provincial (iovernnxent, ouglit always to be men jKissesseii 
of the public confidence, whose opinions and jiolicy liamionizing with those <)f 
the re|iresentatives of the iK'ople, would atfc>rd a guarantee that the well 
understo(Kl wishes and interests of the i)eo{)le, which Our Gracious Sovereign 
has (hxjlared shall be the rule of tlie Provincial Government, will at idl times 
be faithfully represented to tlie head of that Government, and through him 
to the Sovereign and Imiierial Parliament. 



ill 



iiij 



«i I 



11 
ill 



liiii 



1 The text of these resolutions is reprinted from the Assembly Journals of the 
first session of the first Parlianieiit of Caiiada. pp. 4K()-4H'2 The i)rocoilure lead- 
ing to their adoiition indicates a well-marked purpose. Lord Sydenham's first 
Executive Council was composed of Messrs. Sullivan, Dunn, Daly, Harrison, 
Ocdeu, Draper, Baldwin and Day. Mr. Haldwin withdrew from it, and on the 
Stli of August moved for the production of copiesof Lord Jolm Uussell's despatches 
on responsible government, and of other papers on the same subject. The order 
was made and the return containing these documents was on tlie 'iOtli of August 
laid on the table of the Assembly by Mr. tiarrison. On tlie ;ird of September Mr. 
Baldwin moved llie first series of resolutions here Kiven, and the second serieH 
were moved by Mr. Harrip*^!! asauioudnientH and adopted. It is generally admitted 
that Mr. Harrison's resolutions were drawn up by Lord Sydenham himself. A 
melancholy interest is added to these facts by the tragic end of his term of otHce. 
He was fatally injured on the 5th September by a fall from liis horse. Parlia- 
ment was prorogued by bis substitute. Gen. Clitherow, at noon on the Ibtb, and 
be died early on the morning of tlie following day. 



::i||!i 



304 



APPENDIX E. 









4 



5. That as it is practically always optional with such advisers to continue in 
or retire from office at pleasure, this House has the constitutional right of 
holding such advisers jwlitically responsible for every act of the Provincial 
Government of a local character, sanctioned by such Government while such 
advisers continue in office. 

6. That for the like reason this House has the constitutional right of holding 
such advisers in like manner responsible for using, while they continue in 
office, their best exertions to procure from the Imperial authorities the exercise 
of their right of dealing with such matters affecting the interests of the Pro- 
vince as constitutionally belong to those authorities, in the manner most con- 
sistent with the well understood wishes and interests of the people of this 
Province. 

(b) Proponed in amendment hij Hon. S. B. Harrison. 

1. That the most imiJortant, as well as the most undoubted, of the ix)litical 
rights of the jwoplo of this Province is that of having a Provincial Parliament 
for the protection of their lilierties, for the exercise of a constitutional influence 
over the Executive D.i.artments of their Government, and for legislation uixjn 
all matters of i at V- " )vernment. 

2. Tliat the iiM. ; »'ii< Executive (Tovernment of the Province Ix'ing, witliin 
the limits of his<'/, c nnu at, the representative of the Sovereign is respon- 
sible to the Imperial authority alone ; but that, nevertheless, the management 
of our local affai: - n' a only b ; "onducted by him, by and with the assistance, 
counsel and infoniiatii>ii, f su. >. uinate officers in the Province. 

3. That in f)rder to preserve btiveeu tlie different branches of tlie Provincial 
Parliament that hannony which is essential to the peace, welfare and good 
Government )f the Province the chief advisers of the representative of tlie 
Sovereign, constituting a Provincial ivdniinistration under him, ought to be 
meii ixjssessed of the confidence of the rej)resentativ'es of the j)eople, thus 
affording a guarantee tliat the well underst'.Kxl wislies and interests of the 
l)eople, which our Gnxcious Sovereign has declared shall be the rule of the 
Provincial (jrovernnient, will, on all occasions, be faitlifully represented and 
advocated. 

4. Tluit the peoj>le of tliis Province liave, moreover, a right to exject from 
such Provincial administration, th(^ exertion of their iMst endeavours that the 
Imperial authority, within its constitutional limits shall he exercise<f in the 
manner most consistent with their well understood wishes and interests.^ 






1 The text of these resolutions is often quoted inaccurately, through following 
the version given in Serope's " Life of Lord Sydenham." The biographer omits the 
first resolution altogether, and states that they wore "carried unaniuiously." On 
the third resohition a division was taken and the yeas and nays were recorded. 
The vote stood .'Hi to 7, the ineuibors of the minority being Messrs. }3uruett, Cart- 
wright, MacNab (Sir A. N.), McLean. Moffatt (Hon. G.), Sherwood, Watts. For the 
subsequent history of rfsjionsible Ooverninent till its final recognition b; Lord 
Elgin, see Kayo's "Life of Metcalfe," und Dent's "Forty Years," and Hiuck's 
" Keminiscouces." Lord Metcalfe in one of his papers, entitled "The System of 
Oovernuient, ' formulated an argument against the system, and in another, 
"Kesignation of the Executive Council," he gave liis version of the rui)ture between 
him and the first Baldwiu-Lafontaine administration. See also Uyerson's and 
Sullivan's letters on the same subject, coupled with the pen-names respectively of 
"Leouidas" and " Legion." 



CONFEDERATION RESOLUTIONS. 



305 



APPENDIX F. 



QUEBEC CONFERENCE RESOLUTIONS,' 1864. 



iliiii' 



1. The best interests and present and future prosperity of British North 
Amerioa will be promoted by a federal* union, under the Crown of Great 
Britain, provided such union can be effected on principles just to the several 
Provinces. 

2. In the federation of the British North American Provinces, the system 
of Government best adapted under existing circumstances to protect the 
diversified interests in 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 
(iovernments 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, tm equitable terms, of Newfoundland, the North-West Tfrri- 
tory, British Columbia, and Vancouver.'* 

3. In framing a constitution for the general Government, the Conference, 
with a view to the perpetuation of our conne(*^ion with the mother country. 



1 The text of these resolutious is reprinted froui the Journals ■A t le Legislative 
Assembly of Canada, 1865 (pp. 20'2-'209). They were adopted as part of an address to 
the (jueen, priiying for the submission to the Imperial Parliament of a measure to 
unite into one Government the " Colonies of Canada, Nova Scotia, New Urunswick, 
Newfoundland, and Prince Kdward Island." The ordinary histories of Canada 
cive ample information as to the events which brought about the Quebec Con- 
ference. The best special narrative of the whole period is contained in Gray's 
"Confederation; or the Political and Parliamentary History of Canada from the 
(Conference at Quebec'to the admission of Hritish Columbia " (vol, I,), The author, 
Hon. .Tohn Hamilton tJray, was one of the delegates to the Conference from New 
Brunswick, Tlio resolutions were adopted by the Conference on the 10th of 
October, 18G4, and by the Legislative Assembly of Canada, after a long discussion 
and many uusuceessful attempts to secure modifications, on t)ie 1-lth of March, 
1865. A full report of the debates was in 186.) published " by order of the Legisla- 
ture," under the title " Parliamentary Debates on tlie subject of the Confedera- 
tion of the Uritish North American Provinces." Tlie text has been carefully com- 
pared with the versions of the resolutions given in Gray's " Confederation " and 
the " Debates on Confederation," the points of difference being noted where they 
occur. 

a For a definition of the term " Federal," see Freeman's " History of Federal 
Qovernmeut," vol. I, first two chapters. See also the essays of Hamilton and 
Madison in the •' Federalist " ; Story's " Commentaries on the Constitution of the 
United States " ; Cooley's " Constitutional Law in the United States " ; and numer- 
ous decisions of the United States Supreme Court, the Canadian Supreme Court, 
and the Judicial Committee of the Privy Council. 

8 Prince Edward Island as well as Newfoundland afterwards declined to come 
into the union. British Columbia and Vancouver were then separate Provinces. 
See Note 30, pp. 233-231 above. 



306 



APPENDIX F. 



and to the promotion of the best interests of the i)ef)ple of these Provinces, 
desire to follow the model of the British constitution so far aa our circum- 
stances will permit. 

4. The Executive authority or government shall be vested in the Sovereiffn 
of the laiited Kingdom of (Jreat Britain and Ireland, and be administered 
according to the well-imderstood principles of the British constitution, by 
the Sovereign personally, or by the representative of the Sovereign duly 
authorized. 

5. The Sovereign or Representative of the Sovereign^ shall be Commander 
in Chief of the land and naval militia forces. 



»,-*- 
['>**^ 



) ^ 



6. There shall be a (General Legislature or Parliament for the federated 
Provinces, coini>osed of- a Legislative Council and a House of Commons. 

7. For the purjjose of forming the Legislative Council, the federated 
Provinces shall be considered as consisting of three divisions : 1st, Upiwr 
Canada, 2nd, Lower Canada, 3rd, Nova Scotia, New Brunswick, and Prince 
Edward Island : each division witli an equal representation in the Legislative 
Council. 

8. Upper Canada shall be represented in the Legislative Coiuicil 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 memln-rs.^ 

9. The Colony of Newfoundland shall be entitled to enter the proi>os«d 
union, with a represjaitation in tiie Legislative Council of 4 members. 

10. The North-West Territory, British Columbia and Vancouver shall be 
admitted into the union on such temis and conditions as the Parliament of 
the federated Provinces shall deem equitable, and as shall receive the assent of 
Her Majesty ; and, in the case of the Province of British Columbia or Van- 
couver, as shall be agreed to by the Legislature of such Province.* 

11. 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 ; if any Legislative Councillor shall, for two consecutive sessions of 
Parliament, fail lo give his attendance in the said C'ouncil, his seat shall then^ 
by become vacant. 






1 In November, 1866, representatives from Canada, New Brunswick, and Nova 
Scotia met in London to aid in the preparation of a coufederatiuu measure for 
submission to tbe Imperial Parliament. As a result o* their conferences several 
chanKes were made in tlio text of the resolutions, amongst them the omission of 
these words "or representative of the Sovereign," See Gray's "Confederation," 
p. 38). 

a The words '■ the Sovereign," were here inserted at the London Conference. 
See Note 1 above. 

» On account ot the refusal of Prince Edward Island to join the Union this reso- 
lution was altered at the London Conference so as to give Nova Hcotia and New 
Brunswick 1!2 members ench, until the third Province should come in- 

4 See Notes 68 and C'J, p. 'iSH above. 



i 



CONFEDERATION RESOLUTIONS. 



807 



12. The members of the Legislative Council shall be British subjects by 
birth or naturalization, of the full age of thirty years, shall possess a continuous 
real property qualification of four thousand dollars over and above all incum- 
brances, and shall be and continue worth that sum over and above their debts 
and liabilities, but in the case of Newfoundland and Prince Edward Island the 
property may be either real or personal. > 

13. If any question shall arise as to the qualification of a Legislative Ooun- 
cillor, the same shall be determined by the Council. 

14. The first selection of the members of the Legislative Council shall be 
made, except as regards Prince Edward Island, from the Legislative Councils 
of the various Provinces, so far as a sufficient number be found qualified and 
willing to serve ; such members shall be appointed by the Crown at the recom- 
mendation of the general executive Government, upon the nomination cf the 
respective local Governments, and in such nomination due regard shall be had 
to the claims of the members of the Legislative Council of the opposition in 
each Provini:;e, so that all political parties may as nearly as possible be fairly 
represented. 

15. The Speaker of the Legislative Council (unless otherwise provided by 
Parliament) shall be appointed by the Crown from among the members of the 
Legislative Council, and shall hold office during pleasure, and shall only be 
entitled to a casting vote on an equality of votes. 

16. Each of the twenty-four Legislative Councillors representing Lower 
Canada in the Legislative Council of the general Legislature, shall be ap- 
pointed 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 ap- 
pointed to represent. 

17. The basis of representation in the House of Commons shall be popula- 
tion, as determined by the official census every ten years ; and the number 
of members at first shall be 194, distributed as follows : — 

Upper Canada 82 

Lower Canada 65 

Nova Scotia 19 

New Brunswick 15 

Newfoundland 8 

Prince Edward Island 5 

18. Until the official census of 1871 has been made up, there shall be no 
change in the number of representatives from the several sections. 

1 In the conference of delegates at London (Note 1, p. 306) the twelfth resolution 
was changed so as to make the necessary qualifications of a senator embrace both 
a continuous property possession and continuous residence in the Province for 
which he was appointed, except in case of an official residence at the Capital 
(Gray's " Confederation," p. 385). 

a Of 1859. 



H.C.O. 



20 



i 



i 



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IM 3 t 

h'ii 



If \ 

I 


ji s 


k 1 



808 



APPENDIX P. 



i 






li^ 



19. Immediately after the completion of the census of 1871, and immediately 
after every decennial census thereafter, the representation from each section 
in the House of Commons shall be readjusted on the basis of population. 

20. For the purpose of such re-adjustments, Lower Canada shall always b(i 
assigned sixty-five members, and each of the other sections shall at each rcv 
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 last taken by 
having sixty-five members. 

21. No reduction shall be made in the number of members returned by any 
section, u'^less its population shall have decreased, relatively to the iwpulation 
of the whole union, to the extent of five per centum. 

22. 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 mem- 
ber shall be given for each such fractional part. 

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

24. The local Legislature of each Province may, from time to time, alter 
tlie ''-.ctoral districts for the purposes of representation in such local 
Lsgislature, and distribute the representatives to which the Province is 
entitled in such, local Legislature, in any manner such Legislature may see 
fit.i 

25. The number of members may at any time be increased by the general 
Parliament, — regard being had to the proportionate rights then existing. 

26. 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 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 House of 
Commons, for places situate in those Provinces respectively. 



1 The twenty-third and twenty-fourth resolutions were omitted at the London 
Conference. (Bee Note 1, p. 306.) The text of the twenty-fourth as given in Gray's 
"Confederation," p. 69, differs materially from the one given above ; it is as f oHows : 
" The local Legislature of each Province may from time to time alter the electoral 
distriota for the purposes of representation in the House of Commons, and dis- 
tribute the representatives to wnioh the Province is entitled in any manner such 
Legislature may think fit." 



CONFEDERATION RESOLUTIONS. 



809^ 



27. Every House of Commons shall continue for five years from the daygi 
the return of the writs choosing the same, and no longer ; subject, nevc/the* 
less, to be sooner prorogued or dissolved by the Governor. 

28. There shall be a session of the general Parliament once, at least, in 
«very 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 ^he next session. 

29. The general Parliament shall have power to make laws for the peace, 
welfare, and good government of the federated provinces (saving the 
sovereignty of England), and especially laws respecting the following sub- 
jects : — 

(1) The public debt and property. 

(2) The regulation of trade and commerce. 

(3) The imposition or regulation of duties of customs on imports and 

exports, — except on exports of timber, logs, masts, spars, deals 
and sawn lumber from New Biiinswick, and of coal and other 
minerals from Nova Scotia. ^ 

(4) The imposition or regulation of excise duties. 

<5) The raising of money by all or any other modes or systems of taxa- 
tion. 

{6) The borrowing of money on the public credit. 

{7) Postal service. 

{8) 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. 

(9) Lines of steamships between the federated provinces and other 
countries. 

^10) Telegraphic coL^.munication and the incorporation of telegraphic com- 
panies. 

<11) All such works as shall, although lying wholly within any Province be 
specially declared by the Acts authorizing them to be for the general 
advantage. 

<12) The census. 

<13) Militia— military and noA-al service and defence. 

(14) Beacons, buoys and light houses. 

(16) Navigation and shipping. 
(IG) Quarantine. 

(17) Sea-coast and inland fisheries. 

(18) Ferries between any province and a foreign country, or between any 

two provinces. 

1 The words " from New Brunswick," and " from Nova Sootia." are omitted in 
Gray's text. 



I 
III 



! 



iiijii 



m 



1 1 
I 



liii 



m 
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910 



APPENDIX F. 



M 



*w4. 



;v 



I* 



■• -Hi 



(19) Currency and coinaffe. 

(20) Bankings — incorporation of banks, and the issue of paper money. 

(21) Savings banks. 

(22) Weights and measures. 

(23) Bills of exchange and promissory notes. 

(24) Interest. 
(26) Legal tender. 

(26) Bankruptcy and insolvency. 

(27) Patents of invention and discovery. 

(28) Copyrights. 

(29) Indians and lands reserved for the Indians. 

(30) Naturalization and aliens. 

(31) Marriage and divorce.^ 

(32) The criminal law, excepting the constitution of courts of criminal 

jurisdiction, but including the procedure in criminal matters. 

(33) Rendering uniform all or any of the laws relivtive to property and civil 

rights in Upper Canada, Nova Scotia, New Brunswick, Newfoundland, 
and Prince Edward Island, 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 sanc- 
tioned by the Legislature thereof.* 

(34) The establishment of a general Court of Appeal for the federated 

Provinces. 

(35) Immigration. 

(36) Agriculture. 

(37) And generally respecting all matters of a general character, not 

specially and exclusively reserved for the local Governments and 
Legislatures. 

30. The general Grovemment and Parliament shall have all powers necessary 
or proper for performing the obligations <jf the federated Provinces, as part of 
the British Empire, to foreign countries arising under treaties between Great 
Britain and such countries. 

31. The 'ifeneral Parliament may also, from time to time, establish addi- 
tional courts, and the general Government 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 Parliament 

32. All courts, judges and officers of the several Provinces shall aid, assist 
and obey the general Crovemment in the exercise of its rights and powers, and 



1 At the London Conference it was resolved to place " solemnization of mar- 
riage " under the jurisdiction of the local Legislatures. See Note 1, p. 306. 

'^ To this sub-section was added at the London Conference a clause providing 
that the power of altering, repealing, or amending laws so legislated upon 
" should thereafter remain with the general Qovernment only." 



GONFBDBBATIOM RESOLUTIONS. 811 

for such purposes shall be held to be courts, judges and officers of the general 
€rovemment. 

33. The general Government flhall appoint and pay the judges of the 
Superior Courts in each Province, and of the County Courts in Upper Canada, 
and Parliament shall fix their salaries. 

34. Until the consolidation of the laws of Upi^er Canada, New Brunswick, 
Nova Scotia, Newfoundland and Prince Edward Island, the judges of these 
Provinces appointed by the general Government shall be selected from their 
respective bars. 

35. The judges of the courts of Lower Canada shall be selected from the 
bar of Lower Canada. 

36. The judges of the Court of Admiralty now receiving salaries shall be 
paid by the g«<neral Government. 

37. 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 Par- 
liament. 



mr^ 






LOCAL OOVKRNMKNT. 

38. For each of the Provinces there shall be an executive officer, styled the 
Lieutenant Governor, who shall be appointed by the Govtiaur General in 
Council, under the Great Seal of the federated Provinces, during pleasure; 
«uch pleasure not to be exercised before the expiration of the first five years, 
«xcept fur cause ; such cause to be communicated in writing to the Lieutenant 
Governor immediately after the exercise of the xileasure as aforesaid, and also 
by message to both Houses of Parliament, within thf first week of the first 
session afterwards. 

39. The Lieutenant Governor of each Province shall be paid by the general 
Government. 

40. In undertaking to pay the salaries of the Lieutenant Governors, the 
Conference does not desire to prejudice the claim of Priiice Edward Island 
upon the Imjierial Government for the amount now paid for the salary cf the 
Lieutenant Governor thereof. 

41. The local Government and Legislature ef each Province shall be con- 
structed in such manner as the existing Legislature of such Province shall 
provide. 

42. The local Legislatures shall have power to alter or amend their consti* 
tution from time to time. 

43. The local Legislatures shall have power to make laws respecting the 
following subjects : — 



i 



iiii il 



812 



APPENDIX F. 






li'y. 






fT;--;^ 



(1) Direct taxation, and in New Brunswick the imposition of duties on 

the exp<>rt of timber, logs, masts, spars, deals and sawn lumber ; 
and in Nova Scotia, on coals and other minerals.* 

(2) Borrowing money on the credit of the Province. 

(8) The establishment and tenure of local offices, and the appointment and 
payment of local officers. 

(4) Agnnoulture. 

(6) Immigration. 

(6) Education ; saving the rights and privileges which the Protestant or 

Catholic minority in both Canadas may possess as to their denomina- 
tional schools, at the time when the union goes into operation.^ 

(7) The sale and management of public lands excepting lands belonging 

to th« general Government. 

(8) Sea-coast and inland fisheries. ^ 

(9) The establishment, maintenance and management of penitentiaries,* 

and of public and reformatory prisons. 

(10) The establishment, maintenance and management of hospitals, 

asylums, charities, and eleemosynary institutions. 

(11) Municipal institutions. 

(12) Shop, saloon, tavern, auctioneer and other licenses. 

(13) Local works. 

(14) The incorporation of private or local companies, except such as relate 

to matters assigned to the general Parliament. 

(15) Property and civil rights, excepting those portions thereof assigned to 

the general Parliament. 

(16) Inflicting jjunishment by fine, {jenalties, 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, mainte- 

nance and organization of the courts, — both of civil and criminal 
jurisdiction, and including also the procedure in civil matters. 

(18) And generally all matters of a private or local nature, not assigned to 

the general Parliament. 

1 In Oray'fl text this sub-section reads : " Direct taxation, and the imposition of 
duties ou ex()ort of timber, logs, masts, spars, deals, and sawn lumber, and of coals 
and other nnnerals." 

a The saving provision here applied to " both Canadas " was at the London Con- 
ference extended to miuorities having in any Province, when the Union went into 
operation, legal rights or privileges as to denominational schools. It was at the 
same time further provided that " in any Province where a system of separate or 
dissentient schools by law obtains, or where the local Legislature maylieroafter 
adopt a system of separate or dissentient schools, an appeal shall be to the 
Governor-Oeueral-in-Council of the general government from the acts and 
decisions of the local authorities, which may afifeot 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 thn subject." 

8 This Bub-section was omitted at the London Conference. Bee Note 1, p. 306. 

* " Penitentaries " were at the London Conference transferred by resolution to 
the jurisdiction of the general Parliament. 



COMFEDEBATION BE80LUTI0N8. 



818 



44. 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 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 Parliament. 

HI80ELLANEOUS. 

45. In regard to all subjects over which jurisdiction belongs to both the 
-general and local Legislatures, the laws of the general Parliament shall con- 
trol 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. 

46. 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. 

47. No lands or proi)erty belonging to the general or local Governments 
shall be liable to taxation. 

48. All bills for appropriating any part of the public revenue, or for 
imposing any new tax or imi)08t, shall originate in the House of Commons 
or House of Assembly, as the case may be. 

49. The House of Commons or House of 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 puriM)8e, not first 
recommended by message of the Governor General or the Lieutenant Gover- 
nor, as the nase may be, during the session in which such vote, resolution, 
address or bill is passed. 

50. 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. 

51. Any bill passed by the general Parliament shall be subject to disallow- 
ance by Her Majesty witliin two years, as in the case of bills passed by the 
Legislatures of the said provinces liitherto; 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. 

52. The seat of Government of the federated Provinces shall be Ottawa, 
subject to the Royal Prerogative. 



1 By resolution of the London Conference this prerogative of pardon was 
restricted to cases not " capital." See Note 1, p. 30G. 



I! 



814 



APPENDIX F. 



53. Subject to any future action of the respective local Grovemments, the 
seat of the local Government in Upper Canada shall be Toronto ; of Lower 
Canada, Quebec ; and the seats of the local Governments in the other 
Provinces shall be as at present. 



PROPERTY AND LIABILITIES. 



'X 

'I 

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I 



m 



iA 



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54. All stocks, cash, bankers' balances and securities ff>r money belonging 
to each Province at the time of the Union, except as hereinafter mentioned, 
shall belong to the general Government. 

55. The following public works and property of each Province shall belong 
to the general Government, to wit : — 

(1) Canals. 

(2) Public harbours. 

(3) Light houses and piers. 

(4) Steamboats, dredges and public vessels. 

(5) River and lake improvements. 

(6) Railway and railway stocks, mortgages and other debts due by 
railway companies. 

(7) Military roads. 

(8) Custom houses, post offices and other public buildings, except such 
as may be set aside by the general Government for the use of the 
local Legislatures and Governments. 

(9) Property transferred by the Imperial Government and known as 
ordnance proijerty. 

(10) Armories, drill sheds, military clothing and munitions of war ; and 

(11) Lands set apart for public purixises. 

56. All lands, mines, minerals and roj'alties 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 resiiect to any of such lands or to any interest of other 
persons in reH{)ect of the same. 

57. All sums due from purchasers or lessees of such lands, mines or minerals 
at the time of the union, sliall also belong to the local Governments. 

58. All assets connected with such ixjrtions of the public debt of any 
Province as are assumed by the local Governments shall also belong to those 
Governments respectively. 

59. The s«weral Provinces shall retain all other public property therein, 
subject to the right of the general Government to assume any lands or 
publio property required for fortifications or the defence of the country. 



CONFEDERATION RESOLUTIONS. 



815 



60. The general govenunent shall assume all the debts and liabilities of 
each Province. 

61. The debt of Canada, not specially assumed by Upper and Lower Canada 
respectively, shall not exceed, at the time of the union, $G2,.500,000 ; Mova 
Scotia shall enter the union with a debt not exceeding $8,000,000 ; and New 
Brunswick with a debt not exceeding $7,000,000. 

62. 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 
debts at the date of union less than $8,000,000 and $7,000,000 resi)ectively, 
they shall be entitled to 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 given to the respective Governments of those Provinces, by Legis- 
lative authority, but only to limit the maximum amount of charge to be 
assumed by the general Government ; provided always, that the powers so 
conferred by the respective Legislatures shall be exercised within five years 
from this date, or the same shall then lapse. 

63. 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 general Government, 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. 

64. In consideration of the transfer to the general Parliament of the powers 
of taxation, 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 1861 ; 
the population of Newfoundland being estimated at 130,000. Such aid shall 
be in full settlement of all future demands upon the general Government for 
local purposes, and shall be paid half-yearly in advance to each Province.^ 

65. The position of New Brunswick being such as to entail large immediate 
charges upon her local revenues, it is agreed that for the i)eriod 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. But that so long as the liability 
of that Province remains under $7,000,000, a deduction equal to tlie interest 
on such deficiency shall be made from the $63,000. 

66. In consideration of the surrender to the general Government, by New- 
foundland, 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 ; x)rovided that 



I At the London Conference 'See Note 1, p. 306) " an increased subsidy, in 
addition to the HO oeuts per head, of iJtHO.OOO. i»70,00(), ^(60,000 and #50,000 was made 
severally to Upper Canada, Lower Canada, Nova Beotia, and New Urunswick, and 
the capitation subsidy of 80 cents in both New Brunswick and Nova Bootia ex- 
tended until the population reached 400,000." (Qray's " Confederation," p. 386) 



816 



APPENDIX F. 



bl" 



r%' 






that Colony shall retain the right of openinff, oonatruoting and contmlling- 
roads and bridges through any of the said lands, subject to any laws which 
the general Parliament may pass in respect of the same.^ 

67. All engagements that may, before the union, be antered into with the 
Imperial Grovemment for the defence of the country, shall be assumed by the 
general Grovemment. 

68. The general Government shall secure, without delay, the completion of 
the Intercolonial Railway from Riviere du Loup, through New Brunswick, to 
Truro in Nova Scotia.'* 

69. The communications with the North-Western Territory, and the im- 
provements 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 federated Provinces, and shall be prosecuted at the earliest 
possible period that the state of the finances will permit. 

70. The sanction of the Imperial and local Parliaments shall be sought for 
the union of the Provinces, on the principles adopted by the Conference. 

71. That Her Majesty the Queen be solicited to determine the rank and 
name of the federated Provinces. 

72. The proceedings of the Conference shall be authenticated by the signa- 
tures of the delegates, and submitted by each delegation to its own Govern- 
ment; and the Chairman is authorized to submit a copy to the Governor 
General for transmission to the Secretary of State for the Colonies. 

1 For the " statement and figures " used in the Quebec Conference as a means of 
arriviug at the financial settlenieut contained in resolutions 54 to 66 inclusive, see 
Appendix to Gray's " Confederation," pp. 398-105. 

2 The delegates to the London Conference agreed with the Imperial Government 
as to the terms on which a loan to the United Provinces of f :i.000,000 stg. for the 
construction of the Intercolonial Railway should be guaranteed. In 1867, these 
terms were embodied in an Act of the Imperial Parliament (30 & 31 Vict. cap. 16). 



|4. 



,f. 



UNITED STATES CONSTITUTION. 



317 



APPENDIX G. 



!», 



CONSTITUTION* OF THE UNITED STATES OF 

AMERICA. 

We the people of the United States, in order to form a more perfect union,, 
establish justice, insure domestic tranquillity, provide for the common 
defence, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this Constitution for 
the United States of America. 



ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of Represent 
tatives. 

Section 2. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the electors 
in each State shall have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

No person shall be a Representative who shall not have attained to the age of 
twenty-five years, and been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State in which he shall be 
chosen. 



1 This document^lB re-printed from the text in the " History of the origin, for- 
mation, and adoption of the Constitution of the United States,'' by George Ticknor 
Curtis; but it has been carefully compared with several other texts, and especially 
with the official one contained in Poore's "Federal and State constitutions, 
colonial charters, and other organic laws of the United States." Curtis states that 
bis text " has been compared with the Rolls in the Department of State." It is the 
third great national document in the evolution of the United States, the first being 
the " Declaration of Independence " of July 4, 1776, and the second the " Articles or 
Confederation " of July 9, 1778. All three documents were prepared and prociul- 

gated at Philadelphia, the date of the Constitution being Hopteniber 17, 1787. The 
listory by Curtis above mentioned is still one of the best sources of information 
on the subject, and another is Bancroft's "History of the Constitution," which 
has been re-printed as vol vi. of the edition of his " History of the United States," 
published in 1886. A useful re-print of the Constitution will be found appended 
to Von Hoist's " Constitutional Law of the United States," with references to the 
pages of the treatise on which the various topics are discussed, and to the author's 

great work on the history of the Constitution. Story's " Commentaries on the 
onstitution," Cooley's " Principles of Constitutional Law " and his " Constitu- 
tional Limitations," and Kent's "Constitutional Jurisprudence "(re-printed in 
1889 as part of the " Blackstone " edition of his " Commentaries on American 
Law") are classical expositions of the law of the Constitution. Its practical 
operation has been described in Wilson's "Congressional Qovernment," Von 
Hoist's "Constitutional History," and Biyce's " American Commonwealth." 



\ 



318 



APPRNDIZ O. 






f '"^ 



v! 



Representatives and direct taxes shall be apportioned among the several 
States which may be incfuded^wTlhin this Union, according to their respective 
numbers, which shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. ^ The actual enumeration 
shall be made within three 3'ears after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each State shall have at least one Represen- 
tative ; and until such enumeration shall be made, the State of New Hampshire 
shall be entitled to chuse three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five. New York six. New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North 
Carolina five, South Carolina five, and Greorgia three. ^ 

When vacancies happen in the representation from any State, the Executive 
authority thereof shall issue writs of election to fill such vacancies. 

The House of Representatives shall chuse their Speaker^ and other officers ; 
And shall have the sole power of impeachment. 

Section 3. The Senate of the United States shall be composed of two Sena- 
tors from each State, chosen by the Legislature thereof, for six years ; and 
«ach Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first elec- 
tion, they shall be divided as equally as may be into three classes. The seats 
of the Senators of the first class shall be vacated at the expiration of the 
second year, of the second class at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so that one-third may be chosen 
every second year ; and if vacancies happen by resignation, or otherwise, 
during the recess of the Legislature of any State^ the Executive thereof may 
make temporary appointments until the next meeting of the Legislature, 
which shall then fill such vacancies. 

No iierson shall be a Senator who shall not have attained to the age of thirty 
years, and been nine years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State for which he shall be chosen. 

The Vice-President of the United States shall be President of the Senate, 
but shall have no vote, unless they be equally divided. 



1 The " other persons " here implied were the slaves. Compare the fourteenth 
amendment (p. 3:31 below) with this part of the above sentence : " Which shall be 
determined by adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, three-fifths of all 
other persons." 

3 The 05 members allowed to the first Congress became 105 after the first census 
was taken, while the unit of representation rose from 30,000 to 33,000 at the same 
time. 

8 The law of the Constitution is silent as to the powers of the Speaker of the 
House of Kepresentatives. As to the functions assigned to him in practice see 
Gushiug's " Law and Practice of Legislative Assemblies," Wilson's "Congressional 
Ooverument " (chapter ii), and several articles in the Iforth American Beview for 
1890. 



> ■'■ 



UNITED STATES CONSTITUTION. 



819 



The Senate ahall ohuse their other officers, and also a President pro tempore, 
in the absence of the Vice-President, or when he shall exercise the office of 
President of the United States.^ 

The Senate shall hare the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affiimation. When the 
President of the United States is tried, the Chief Justice shall preside : And 
no person shall be convicted without the concurrence of two-thirds of the 
members present.^ 

Judgment in cases of impeachment shall not extend further than to removal 
from office, and disqualification to hold and enjoy any office of honour, trust 
or profit under the United States ; but the party convicted shall nevertheless 
be liable and subject to indictment, trial, judgment and punishment, according 
to law. 

Section 4. The times, places and manner of holding elections for Senators 
and Representatives, shall be prescribed in each State by the Legislature 
thereof ; but the Congress may at any time by law make or alter such regu- 
lations, except as to the places of chusing Senators. 

The Congress shall assemble at least once in every year, and such meeting 
shall be on the first Monday in Decembt^r, unless they shall by law ap{)oint a 
different day. 

Section 5. Each House shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business ; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of absent members, in 
such manner, and under such penalties, as each House may provide. 

Each House may determine the rules of its proceedings, punish its members 
for disorderly behavior, and with the concurrence of two-thirds, expel a 
member. 

Each House shall keep a journal of its proceedings, and from time to time 
publish the same, excepting such parts as may in their judgment require 
secrecy, and the yeas and nays of the members of either House on any ques- 
tion shall, at the desire of one-fifth of those present, be entered on the journal. 

Neither House, during the session of Congress, shall, without the consent 
of the other, adjourn for more than three days, nor to any other place than 
that in which the two Houses shall be sitting. 



\ii 



I It has become tbe custom for the Vice-PreBideut to allow the Senate before 
the close of each session to appoint a presideut pro tempore, so that the organiza- 
tion of that body may not be affected during the recess by the death of either the 
President or the Vice-President. 

a There have been five impeachments under the joint authority of this sub- 
section and the 'last sub-section of section 2, namely: (l)Of Senator William 
Blount, in 1799; (3) of Judge John Pickering, in lb03 ; (3) of Judge Samuel Chase, 
in 1604; (4) of Judge James H. Peck, in 1H3U; and ^5) of President Andrew Johnson, 
in 186H. In the last case, the only one of impeachment of a President, Chief 
Justice Obase presided. A good account of the proceedings is to be found in 
Blaine's " Twenty Years of Congress," vol. II, chapter XIV., and in McCulloch's 
" Men and Measures of Half a Ceutury," chapter XXVI. The vote stood 35 for 
oouviction, and 19 for acquittal. 



820 



APPENDIX a. 



Saotloii 6. The Senators and Representatives shall receive a oonipensation 
for their services, to be ascertained by law, and paid out of the treasury of 
the United States.^ They shall in all cases except treason, felony, and breach 
of the peace, be privileged from arrest during their attendance at the session 
of their respective Houses, and in going and returning from the same ; and for 
any speech or debate in either House, they shall not be questioned in any 
other place. 

No Senator or Representative shall, during the time for which he wafa elected, 
be appointed to any civil office under the authority of the United States, 
which shall have been created, or the emoluments whereof shall have been in- 
creased during such time ; and no person holding any office under the United 
States, shall be a member of either house during his continuance in office.' 

Section 7. All bills for raising revenue shall originate in the House of Rep- 
resentatives ; but the Senate may propose or concur with amendments as 
on other bills. ^ 

Every bill which shall have passed the House of Representatives and the 
Senate, shall, before it becomes law, be presented to the President of the United 
States ; if he approve he shall sign it, but if not he shall return* it, with his objec- 
tions to that House in which it shall have originated, who shall enter the objec- 
tions at large on their journal, and proceed to reconsider it. If after such 
reconsideration two-thirds of that House shall agree to pass the bill, it shall be 
sent, together with the objections, to the other House, by which it shall like- 
wise be reconsidered, and if approved by two-thirds of that House, it shall 
become a law. But in all cases the votes of both Houses shall be determined 
by yeas and nays, and the names of the persons voting for and against the 
bill shall be entered on the journal of each House respectively. If any bill 
shall not be returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the Senate and 
House of Representatives may be necessary (except on a question of adjourn- 
ment) shall be presented to the President of the United States ; and before the 
same shall take effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of Representatives, 
According to the rules and limitations prescribed in the case of a bill. 



1 Since July, 1866, tbe salary of a member of Congress has been $5,000 a year, 
except for a few months in 1873-74 when it was raised to $7,500. Public indignation 
caused a return almost immediately to tbe former amount. Each member is 
allowed 20 cents a mile for the journey to and from Washington. 

a Compare this provision with sections 11, 41, 63, 64, 84, and 88 of tbe Confedera- 
tion Act, 1867, and the documents in Appendix E, relating to responsible govern- 
ment (pp. 293-304 above). 

8 Under cover of the term " raisins revenue," tbe House of Representatives has 
suooesBf ully asserted its exclusive rignt to initiate proposals to spend money. 

4 The word " veto," popularly used in connection with the President's action 
here speoifled, nowhere occurs in the constitution, and does not correctly describe 
his functions in the matter. 



UNITED STATES CONSTITUTION. 



821 



Bsotton 8. The Congpress ahall have power^ to lay and collect taxes, duties, 
imposts and excises, to pay the debts and provide for the common defence and 
general welfare of the United States ; but all duties, imposts and excises shall 
be uniform throuf^hout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the several States, 
and with the Indian tribes ; 

To establish an uniform rule of naturalization,^ and uniform laws on the sub- 
ject of bankruptcies throughout the United States ; 

To coin money, regulate the value thereof, and of foreign coin, and fix the 
standard of weights and measures ; 

To provide for the punishment of counterfeiting the securities and current 
coin of the United States ; 

To establish post otfioes and post roads ; 

To promote the progress of science and useful arts, by securing for limited 
times to authors and inventors the exclusive right to their respective writings^ 
and discoveries^ ; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed on the high seas, and 
offences against the laws of nations ; 

To declare war, grant letters of marque and reprisal, and make rules con- 
cerning captures on land and water ; 

To raise and support armies, but no appropriation of money to that use shall 
be for a longer term than two years'^ ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the land and naval 
forces ; 

To provide for calling forth the militia to execute the laws of the Union, 
suppress insurrections and repel invasions ; 

To provide for organizing, arming, and disciplining the militia, and for govern- 
ing such part of them as may be employed in the service of the United States, 
reserving to the States respectively, the appointment of the officers, and the 
authority of training the militia according to the discipline prescribed by 
Congress ; 

To exercise exclusive legislation in all cases whatsoever, over such district^ 
(not exceeding ten miles square) as may, by cession of particular States, and 
the acceptance of Congress, become the seat of government of the United 

1 For an account of the manner in which this power has been exercised see 
Bolles' "Financial History of the United States "and Sumner's "History of 
American Currency." 

a See Morse's " Treatise on Citizenship," and Sir Alexander Cockburn's 
" Nationality," 

B See Morgan's " Law of Literature." 

4 See Walker's " Patent Laws of the United States," edition of 1889. 

s Compare the statute passed annually by the British Parliament under the 
title of " An Act to provide, during twelve months for the discipline and regulation 
of the army." 

6 The District of Columbia, chosen for this purpose in June, 1790, belonged to 
Maryland and Virginia, 64 square miles having been ceded by the former and 36 
by the latter. 



is; 
P\ 

m 

ii; 



822 



APPENDIX O. 



m 
m 



States, and to exercise like authority over all places purchased by the oouent 
of the legislature of the State in which the same shall be, for the erection of 
forts, n.:igazines, arsenals, dock-yards, and other needful buildings ; — and 

To make all laws which shall be necessary and proper for carrying into exe- 
cution the foregoing powers, and all other powers vested by this Constitution 
in the Government of the United States, or in any department or officer 
thereof. 

Section 9. The migration or importation of suoh persons as any of the 
States now existing shall think proper to admit, shall not be prohibited by 
the Congress prior to the year one thousand eight hundred and eight, but a tax 
or duty may be imposed on such importation, not exceeding ten dollars for 
each ijerson.^ 

The privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in proportion to the 
census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. ^ 

No preference shall be given by any regulation of commerce or revenue to 
the ports of one State over those of another : nor shall vessels bound to, or 
from, one State, be obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the Treasury, but in consequence of appro- 
priations made by law ; and a regular statement and account of the receipts 
and expenditures of all public money shall be published from time to time. 

No title of nobility shall be granted by the United States : and no person 
holding any office of profit or trust under them, shall, without the consent of 
the Congress, accept of any present, emolument, office, or title, of any kind 
whatever, from any king, prince, or foreign State. 

Section 10. No State shall enter into any treaty, alliance, or confederation ; 
grant letters of marque and reprisal ; coin money ; emit bills of credit ; make 
anything but gold and silver coin a tender in payment of debts ; pass any bill 
of attainder, ex post facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any imposts or 
duties on imports or exirorts, except what may be absolutely necessary for exe- 
cuting its inspection laws : and the net produce of all duties and imposts, laid 
by any State on imports or exports, shall be for the use of the Treasury of the 
United States ; and all such laws shall be subject tc the revision and control 
of the Congress. 

No State shall, without the consent of Congress, lay any duty of tonnage, 
keep troops, or ships of war in time of peace, enter into any agreement or 
compact with another State, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not admit of delay. 



1 In the Convention which framed the Constitution a keen discussion took place 
on this sub-Bectioa, the first of mauy discussions on the question of slavery. 

a Inserted in compliance with the demand of the delegates from the South as a 
measure of protection against adverse fiscal legislation. 



^ 



UNITED STATK8 CONSTITUTION. 



323 



or 

exe- 

aid 

the 

itiol 

age, 
or 
iless 



ilaoe 
as a 



ARTICLK II. 

Section 1. The executive iH)Wer «hall Im vested in Ji President of the Unitt-tl 
States of America. He shall hold his office (hiring the tenn' of fonr yeuni, 
and, together with the Vice-Presiilent, chosen for the same tenn, be elected, 
as follows : — 

Each State shall a|))N>int, in such manner as the Legislature thereof may 
direct, anuml)er of Electors, equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in the Congress : but no Senator 
or Representative, or Person holding an office of trust or pnifit imder the 
United States, shall be ap|K>inted an Elector. 

The Electors shall meet in their resjK-ctive States, and vote by ballot for two 
persons, of whom one at least shall not be an inhabitant of the same State with 
themselves. And they shall make a list of all the jwrsons voted for, and of the 
number of votes for each ; which list they shall sign and certify, and transmit 
sealed to the seat of the Government of the United States, directed to the Pre- 
sident of the Senate. The President of the Senate shall, in the i)resence of the 
Senate and House of Re[)re8entatives, oiK-n all certificates, and the votes shall 
then be counted. The |)erson having the greatest numb«'r of votes shall be the 
President, if such number be a majority of the whole number of Electors 
apiK)inted ; and if there be more than one who have such majority and have an 
equal number of votes, then the House of Representatives shall immetliately 
chuse by ballot one of them for President ; and if no i>erson have a majority, 
then from the five highest on the list the said house shall in like manner chuse 
the President. But in chusing the President, the votes shall be taken by 
States, the representation from each State haviitg one vcjte ; a quorum for this 
puriKtse shall consist of a member or members from two-thirds of the States, 
and a majority of all the States shall be necessary to a choice. In every case, 
after the choice of the President, the person having the greatest number of 
votes of the Electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall chuse from them by 
ballot the Vice-President.'* 

The Congress may determine the time of chusing the Electors, and the day 
on which they shall give their votes ; which day shall be the same throughout 
the United States. 

No i)er8on except a natural bom citizen, or a citizen of the United States at 
tlie time of the adoption of this Constitution, shall be eligible to the office 
of President ; neither shall any jierson be eligible to that office who shall not 
have attained to the age of thirty-five years, and been fourteen years a 
resident within the United States. 

In case of the removal of the President fnnn office, or of his death, resigna- 
tion, or inability to discharge the ix)wers and auties of the said office, the same 

1 For legislation fixing the beginning and end of the presideutixl term, tlie 
salaries of President and Vice-President, the time for the choice of electors, their 
number, the manner of filling vacancies, etc., see the Revised Statutes of the 
United States. 

2 This sub-section was subsequently repealed and replaced by Article XII. of the- 
amendments to the Constitution (p. 329 below). 



H.C.O. 



21 



824 



APPENDIX G. 



shall devolve on the Vice-President, and the Congress may by law provide for 
the case of removal, death, resignation, or inability, both of tlie President and 
Vice-President, declaring what officer sliall tlwn act as President, and such 
officer shall act accordingly, until the disability be removed, or a President 
shall be elected.' 

The President shall, at stated times, receive for his services, a nom|>ensation, 
which shall neither be increased nor diminisht-d during the period for which 
he shall have been elected, and he shall not receive within that period any 
other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall take the following 
oath or affirmation : — 

" I do solemnly swear (or affirm) that I will faithfully execute the office of 
" President of the United States, and will to the best of my ability, preserve, 
" protect iind defend the Constitution of the United States." 

Section 2. The President shall be Commander in chief of the army and navy 
of the United States, and of the militia of the several States, when called into 
the actual service of the United States ; he may require the opinion, in writing, 
of the principal officer in each of the executive Dei)artments, uixjn any subject 
relating to the duties of their n'S])ective offices, and he shall have power to 
grant rei>rieves and pardons for offences against the United States, except in 
cases of impeachment. 

He shall have power, by and with tlie advice and consent of the Senate, to 
make treaties, provided two-thirds of the Senators present concur ; and he 
shall nominate, and by and with the advice and consent of the Senate, shall 
appoint. Ambassadors, other public Ministers and Consuls, Judges of the 
Supreme Court, and all other officers of the United States, whose aptx>int- 
ments are not herein otherwise provided for, and which shall be established 
by law : but the Congress may by law vest the appointment of such inferior 
officers, as they think proper, in the President alone, in the courts of law, or 
in the heads of Departments. 

The President shall have power to fill up all vacancies that may happen 
during the recess of the senate, by granting commissions which shall expire at 
the end of their next session. 

Section 3. He shall from time to time give to the Congress information of the 
state of the Union, and recommend to their consideration such measures as he 
shall judge necessary and expedient ; he may, on extraordinary occasions, 
convene both Houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn them to such 
time as he shall think proper ; he shall receive Ambassadors and other >ubl' 
Ministers ; he shall take care that the laws be faithfully executed .A 

commission all the officers of the United States. 



1 It has been provided by Act of Congress that in the last resort the Speaker o; 
the House of Representatives shall assume the duties of President, until a new 
President is elected. 



UNITED STATES CONSTITUTION. 



825 



Section 4 The President, Vioe-PreHident and all civil uffioera uf the United 
States, shall be removed from office on imiteachment for, and conviction of, 
treason, bribery, or other high crimes and misdemeanors.^ 



(I 



ARTICLE III. 

Section 1. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may fn)m time to 
time ordain and establish. The judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior, and shall, at stated times, receive 
for their »erviceH a compensation which shall not be diminished during their 
cimtinuance in office.'^ 

Section 2. The judicial power shall extend to all cases, in law and equity, 
made, arising under this Constitution, the law.s of the United States, and treaties 
or which shall be made, under their authority ; to all cases affecting ambassadors, 
other public ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall be a party ; to 
controversies between two or more States, b