LEGISLATIVE COUNCIL.
               
               
               FRIDAY, February 3, 1865.
               
               
               
               
                  Hon. Sir E. P. TACHÉ moved, "That 
                  
                  an humble Address be presented to Her 
                  
                  Maestyj , praying that She may be graciously 
                  
                  pleased to cause a measure to be submitted to 
                  
                  the Imperial Parliament for the purpose of 
                  
                  uniting the Colonies of Canada, Nova Scotia, 
                  
                  New Brunswick, Newfoundland, and Prince 
                  
                  Edward Island, in one Government, with provisions based on the following Resolutions,
                  
                  
                  which were adopted at a Conference of Delegates from the said Colonies, held at the
                  city 
                  
                  of Quebec, on the 10th of October, 1864 :" 
                  
                  
 
               
               
               
               
                  
                  
                     1. The best interests and present and future 
                     
                     prosperity of British North America will be promoted by a Federal Union under the
                     Crown of 
                     
                     Great Britain, provided such Union can be effected on principles just to the several
                     Provinces. 
                     
                     
                  
                  
                  
                  
                     2. In the Federation of the British North 
                     
                     American Provinces, the system of Government 
                     
                     best adapted under existing circumstances to protect the diversified interest of the
                     several Provinces, and secure efficiency, harmony and permanency in the working of
                     the Union, would be 
                     
                     a General Government, charged with matters of 
                     
                     common interest to the w ole country ; and 
                     
                     Local Governments for each of the Canadas, and 
                     
                     for the Provinces of Nova Scotia, New Brunswick and Prince Edward Island, charged
                     with the 
                     
                     control of local matters in their respective sections. Provision being made for the
                     admission 
                     
                     into the Union, on equitable terms, of Newfoundland, the North—West Territory, British
                     Columbia 
                     
                     and Vancouver. 
                     
                     
                  
                  
                  
                  
                     3. In framing a Constitution for the General 
                     
                     Government, the Conference, with a view to the 
                     
                     perpetuation of our connection with the Mother 
                     
                     
                     
                     
                     Country, and the promotion of the best interests 
                     
                     ot' the people of these Provinces, desire to follow 
                     
                     the model of the British Constitution, so far as 
                     
                     our circumstances will permit. 
                     
                     
                  
                  
                  
                  
                     4. The Executive Authority or Government 
                     
                     shall be vested in the Sovereign of the United 
                     
                     Kingdom of Great Britain and Ireland, and be 
                     
                     administered according to the well-understood 
                     
                     principles of the British Constitution, by the 
                     Sovereign personally, or by the Representative of 
                     the Sovereign duly authorized. 
                     
                     
                  
                  
                  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, composed of a Legislative Council and a House
                     of 
                     
                     Commons. 
                     
                     
                  
                  
                  
                  
                     7. For the purpose of forming the Legislative 
                     
                     Council, the Federated Provinces shall be considered as consisting of three divisions:
                     lst, 
                     
                     Upper Canada; 2nd, Lower Canada ; 3rd, Nova 
                     
                     Scotia, New Brunswick and Prince Edward 
                     
                     Island; each division with au equal representation in the Legislative Council. 
                     
                     
                  
                  
                  
                  
                     8. Upper Canada shall be represented in the 
                     
                     Legislative Council by 24 Members, Lower Canada by 24 Members, and the three Maritime
                     Provinces by 24 Members, of which Nova Scotia 
                     
                     shall have 10 New Brunswick 10, and Prince 
                     
                     Edward Island 4 Members. 
                     
                     
                  
                  
                  
                  
                     9. The Colony of Newfoundland shall be entitled to enter the proposed Union with a
                     repre 
                     
                     sentation in the Legislative Council of 4 Members. 
                     
                     
                  
                  
                  
                  
                     10. The North- West Territory, British Columbia and Vancouver shall be admitted into
                     the 
                     
                     Union on such terms 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 Vancouver, as shall
                     be agreed 
                     to by the Legislature of such Province. 
                     
                     
                  
                  
                  
                  
                  
                  
                     11. The Members of the Legislative Council 
                     
                     
                     
                     2
                     
                     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 to give his attendance in the said Council, his 
                     
                     seat shall thereby become vacant. 
                     
                     
                  
                  
                  
                  
                     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 incumbrances, 
                     
                     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 Councillor,
                     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 
                     
                     toserve; such Members shall be appointed by 
                     
                     the Crown at the recommendation of the General 
                     
                     Executive Government. upon the nomination of 
                     
                     the respective LocalGovcrnments, and in such 
                     
                     nomination due regard shall he had to the claims 
                     
                     of the Members of the Legislative Council of the 
                     
                     Opposition in each Province, so that all political 
                     
                     parties may, as near ly 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 
                     
                     appointed to represent one of the twenty-four 
                     
                     
                  
                  
                  
                  
                     Electoral l ivisions mentioned in Schedule A of 
                     
                     Chapter first of the Consolidated Statutes of Canada, and such Councillor shall reside
                     or possess 
                     
                     his qualification in the Division he is appointed 
                     
                     to represent. 
                     
                     
                  
                  
                  
                  
                     17. The basis of Representation in the House 
                     
                     of Commons shall be Population, as determined 
                     
                     by the Official Census every ten years ; and the 
                     
                     number of Members at first shall be 194, distribted 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. 
                     
                     
                  
                  
                  
                  
                     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 readjustments, 
                     
                     Lower Canada shall always be assigned sixty-five 
                     
                     Members, and each of the other sections shall, at 
                     
                     each readjustment, 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, unless its 
                     
                     population shall have decreased, relatively to the 
                     
                     population 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 Member
                     
                     
                     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 the Electoral Districts for the purposes of Representation
                     in such 
                     
                     Local Legislature, and distribute the Representatives to which the Province is entitled
                     in such 
                     
                     Local Legislature, in any manner such Legislature may see fit. 
                     
                     
                  
                  
                  
                  
                     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 that 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 dissolutionshall respectively apply to elections
                     of Members 
                     
                     to serve in the House of Commons, for places 
                     
                     situate in those Provinces respectively. 
                     
                     
                  
                  
                  
                  
                     27. Every House of Commons shall continue 
                     
                     for five years from the day of the return of the 
                     
                     writs choosing the same, and no longer; subject, 
                     
                     nevertheless, to be sooner prorogued or dissolved 
                     
                     by the Governor. 
                     
                     
                  
                  
                  
                  
                     28. There shall be a Session of the General 
                     
                     Parliament once, at least, in every year, so that 
                     
                     a period of twelve calendar months shall not intervene between the last sitting of
                     the General 
                     
                     Parliament in one Session, and the first sitting 
                     
                     thereof in the neat Session. 
                     
                     
                  
                  3
                  
                  
                  
                     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 subjects :- 
                     
                  
                  
                  
                     
                     
                        
                        
                           
                           
                           
                              
                              | l. The Public Debt and Property.  | 
                              
                           
                           
                           
                              
                              | 2. The regulation of Trade and Commerce. |  
                           
                           
                           
                              
                              | 3. The imposition or regulation of Duties of 
                                 
                                 Customs on Imports and Experts,except on Exports of Timber, Logs, 
                                 
                                 Masts, Spars, Deals and Sawn Lumber from New Brunswick, 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 Taxation.  | 
                              
                           
                           
                           
                              
                              | 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. Telegraph Communication and the Incorporation of Telegraph Companies.  | 
                              
                           
                           
                           
                              
                              | 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.  | 
                              
                           
                           
                           
                              
                              | l3. Militia—Military and Naval Service and 
                                 
                                 Defence. |  
                           
                           
                           
                              
                              | l4. Beacons, Buoys and Light Houses. |  
                           
                           
                           
                              
                              | 15. Navigation and Shipping.  | 
                              
 
                           
                           
                           
                              
                              | 16. Quarantine.  | 
                              
                           
                           
                           
                              
                              | 17. Sea Coast and Inland Fisheries.  | 
                              
                           
                           
                           
                              
                              | 18 Ferries between any Province and a For- 
                                 
                                 sign country, or between any two 
                                 
                                 Provinces. | 
                              
 
                           
                           
                           
                              
                              | 19. Currency and Coinage.  | 
                              
                           
                           
                           
                              
                              | 20. Banking—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. | 
                              
 
                           
                           
                           
                              
                              | 25. Legal Tender. | 
                              
 
                           
                           
                           
                              
                              | 26. Bankruptcy and Insolvency. | 
                              
 
                           
                           
                           
                              
                              | 27. Patents of Invention and Discovery | 
                              
                           
                           
                           
                              
                              | 28. Copy Rights. | 
                              
  
                           
                           
                           
                              
                              | 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 
                                 
                                 Criinal matters. |  
                           
                           
                           
                              
                              | 33. Rendering uniform all or any of the laws 
                                 
                                 relative to property and civil rights 
                                 
                                 in Upper Canada, Nova Scotia, New 
                                 
                                 
                                 
                                 
                                 Brunswick, Newfoundland and Prince 
                                 
                                 Edward sland, and rendering uniform 
                                 
                                 the procedure of all or any of the 
                                 
                                 Courts in these Provinces ; but any 
                                 
                                 statute for this purpose shall have 
                                 
                                 no force or authority in any Province 
                                 
                                 until sanctioned by the Legislature 
                                 
                                 thereof  | 
                              
                           
                           
                           
                              
                              | 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 Government and Parliament 
                     
                     shall have all powers necessary or proper for performing the obligations of the Federated
                     Provinces, as part of the British Empire, to foreign 
                     
                     countries arising under Treaties between Great 
                     
                     Britain and such countries. 
                     
                     
                  
                  
                  
                  
                     32. The General Parliament may also, from 
                     
                     time to time, establish additional 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 Government in the exercise of its rights 
                     
                     and powers, and for such purposes shall be held 
                     
                     to be Courts, Judges and officers of the General 
                     
                     Government. 
                     
                     
                  
                  
                  
                  
                     33. The General Government shall appoint 
                     
                     and pay the Judges of the Superior Court 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 
                     
                     Upper Canada, New Brunswick, Nova Scotia, 
                     
                     Newfoundland and Prince Edward Island, the 
                     
                     Judges of these Provinces appointed br 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 General 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 Parliament. 
                     
                     
                  
                  
                  
                  
                     38. For each of the Provinces there shall be 
                     
                     an Executive Officer, styled the Lieutenant Governor, who shall be appointed by the
                     Governor- 
                     
                     General in Council, under the Great Seal of the 
                     
                     Federated Provinces, during pleasure : such pleasure not to be exercised before the
                     expiration of 
                     
                     the first five years, except for cause : such cause 
                     
                     to be communicated in writing to the Lieutenant 
                     
                     Governor immediately after the exercise of the 
                     
                     pleasure as aforesaid, and also by Message to 
                     
                     both Houses of Parliament within the first week 
                     
                     of the first session afterwards. 
                     
                     
                  
                  
                  4
                  
                  
                  
                     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 Prince Edward 
                     
                     Island upon the Imperial Government for the 
                     
                     amount now paid for the salary of the Lieutenant 
                     
                     Governor thereof. 
                     
                     
                  
                  
                  
                  
                     41. The Local Government and Legislature of 
                     
                     each Province shall be constructed in such manner as the existing Legislature of each
                     such 
                     
                     Province shall provide. 
                     
                     
                  
                  
                  
                  
                     42. The Local Legislature shall have power to 
                     
                     alter or amend their constitution from time to 
                     
                     time. 
                     
                     
                  
                  
                  
                  
                     43. The Local Legislatures shall have power 
                     
                     to make laws respecting the following subjects : 
                     
                     
                  
                  
                  
                  
                     
                     
                        
                        
                           
                           
                           
                              
                              | 1. Direct taxation, and in New Brunswick 
                                 
                                 the imposition of Duties on the Export of Timber, Logs, Masts, Spars, 
                                 Deals, and Sawn Lumber ; and in 
                                 Nova Scotia, of Coals and other minerals. | 
                              
 
                           
                           
                           
                              
                              | 2. Borrowing money on the credit of the 
                                 
                                 Province. |  
                           
                           
                           
                              
                              | 3. The establishment and tenure of local 
                                 
                                 offices, and the appointment and payment of local officers. | 
                              
 
                           
                           
                           
                              
                              | 4. Agriculture. | 
                              
 
                           
                           
                           
                              
                              | 5. Immigration. |  
                           
                           
                           
                              
                              | 6. Education ; saving the rights and privileges which the Protestant or Catholic 
                                 
                                 minority in both Canadas may possess 
                                 
                                 as to their Denominational Schools 
                                 
                                 at the time when the Union goes into 
                                 
                                 operation. | 
                              
 
                           
                           
                           
                              
                              | 7. The sale and management of Public Lands 
                                 
                                 excepting Lands belonging to the 
                                 
                                 General Government. |  
                           
                           
                           
                              
                              | 8. Sea Coast and Inland Fisheries.  | 
                              
                           
                           
                            
                              
                              | 9. The establishment, maintenance and 
                                 
                                 management of Penitentiaries, and 
                                 
                                 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 punishment by fine, penalties, 
                                 
                                 imprisonment or otherwise, for the 
                                 
                                 breach of laws passed in relation to 
                                 
                                 any subject within their jurisdiction. | 
                              
 
                           
                           
                           
                              
                              | 17. The Administration of Justice, including 
                                 
                                 the Constitution, maintenance and 
                                 
                                 organization of the Courts,—both of 
                                 Civil and Criminal Jurisdiction, 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. |  
                           
                         
                      
                  
                  
                  
                  
                     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. 
                     
                     
                  
                  
                  
                  
                     45. In regard to all subjects over which jurisdiction belongs to both the General
                     and Local 
                     
                     Legislatures, the laws of the General Parliament 
                     
                     shall control and supersede those made by the 
                     
                     Local Legislature, and the latter shall be void so 
                     
                     far as they are repugnant to, or inconsistent with, 
                     
                     the former. 
                     
                     
                  
                  
                  
                  
                     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 property 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 
                     
                     Impost, 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 purpose, not first recommended by Message of the Governor General
                     or 
                     
                     the Lieutenant Governor, as the case 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 disallowance by Her Majesty 
                     
                     within two years, as in the case of Bills passed 
                     
                     by the Legislatures of the said Provinces hitherto ; and, in like manner, any Bill
                     passed by a 
                     
                     Local Legislature shall be subject to disallowance 
                     
                     by the Governor General within one year after 
                     
                     the passing thereof. 
                     
                     
                  
                  
                  
                  
                     52. The Seat of Government of the Federated 
                     
                     Provinces shall be Ottawa, subject to the Royal 
                     
                     Prerogative. 
                     
                     
                  
                  
                  
                  
                     53. Subject to any future action of the respective Local Governments, 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. 
                     
                     
                  
                  
                  
                  
                     54. All Stocks, Cash, Bankers' Balances and 
                     
                     
                     
                     5
                     
                     
                     Securities for mass 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 Homes, 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 
                                 
                                 Property.  | 
                              
                           
                           
                           
                              
                              | 10. Armories, Drill Sheds, Military Clothing 
                                 
                                 and Munitions of War, and |  
                           
                           
                           
                              
                              | 11. Lands set apart for public purposes. | 
                              
 
                           
                         
                      
                  
                  
                  
                  
                     56. All lands, mines, minerals and royalties 
                     
                     vested in Her Majesty in the Provinces of Upper 
                     
                     Canada, Lower Canada, Nova Scotia, New 
                     
                     Brunswick and Prince Edward Island, for the 
                     
                     use of such Provinces, shall belong to the Local 
                     
                     Government of the territory in which the same 
                     
                     are so situate ; subject to any trusts that may 
                     
                     exist in respect to any of such lands or to any 
                     
                     interest of other persons in repect of the same. 
                     
                     
                  
                  
                  
                  
                     57. All sums due from purchasers or lessees of 
                     
                     such lands, mines or minerals at the time of the 
                     
                     Union, shall also belong to the Local Governments. 
                     
                     
                  
                  
                  
                  
                     58. All assets connected with such portions 
                     
                     of the public debt of any Province as are assumed by the Local Governments shall also
                     
                     
                     belong to those Governments respectively. 
                     
                     
                  
                  
                  
                  
                     59. The several Provinces shall retain all 
                     
                     other Public Property therein, subject to the 
                     
                     right of the General Government to assume any 
                     
                     Lands or Public Property required for Fortifications or the Defence of the Country
                     
                     
                     
                  
                  
                  
                  
                     60. The General Government 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, 
                     
                     $62,500.000 ; Nova 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 respectively, 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 Legislative 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 period of 
                     
                     ten years, from the time when the Union takes 
                     
                     effect, an additional allowance of $63.000 per 
                     
                     annum shall be made to that Province. But that 
                     
                     so long as the liability of that Province remains 
                     
                     under $7,000,000 a deduction equal to the interest on such deficiency shall be made
                     from the 
                     
                     $63,000. 
                     
                     
                  
                  
                  
                  
                     66. In consideration of the surrender to the 
                     
                     General Government by Newfoundland of all its 
                     
                     rights in Mines and Minerals, and of all the ungranted and unoccupied Lands of the
                     Crown, it 
                     
                     is agreed that the sum of $150,000 shall each 
                     
                     year be paid to that Province, by semi-annual 
                     
                     payments ; provided that that Colony shall retain 
                     
                     the right of opening, constructing and controlling 
                     
                     Roads and Bridges through any of the said Lands 
                     
                     subject to any Laws which the General Parliament may pass in respect of the same.
                     
                     
                     
                  
                  
                  
                  
                     67. All engagements that may before the Union be entered into with the Imperial Government
                     for the defence of the Country. shall be assumed by the General Government. 
                     
                     
                  
                  
                  
                  
                     68. The General Government shall secure, 
                     
                     without delay, the completion of the Intercolonial 
                     
                     Railway from Rivière du Loup, through New 
                     
                     Brunswick. to Truro in Nova Scotia. 
                     
                     
                  
                  
                  
                  
                     69. The communications with the North-Western Territory, and the improvements required
                     
                     
                     for the development of the Trade of the Great 
                     
                     West with the Seaboard, are regarded by this 
                     
                     Conference as subjects of the highest importance 
                     
                     to the 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 
                     
                     
                     
                     6 
                     
                     
                     
                     
                     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 signatures of the Delegates, and submitted by each Delegation
                     to its 
                     
                     own Government, and the Chairman is authorized to submit a copy to the Governor General
                     
                     
                     for transmission to the Secretary of State for the 
                     
                     Colonies. 
                     
                     
                   
               
               
               
               
                  Having read the motion, the hon. gentleman 
                  
                  commenced to speak in French, when Hon. 
                  
                  Mr. Ross requested he should address the 
                  
                  House in English. 
                  
                  
               
               
               
               
                  HON. MR. LETELLIER thought, as there 
                  
                  were two members of the government in the 
                  
                  House, one who spoke best in French (Sir E. 
                  
                  P. TACHÉ), and one who did the same in English, it would be better for the Hon. Premier
                  
                  
                  to speak in French, and then his colleague 
                  
                  could do the same in English; but 
Hon. Sir 
                     
                     E. P. TACHÉ concluded that as there were 
                  
                  English members who did not understand 
                  
                  French at all, while the French members all 
                  
                  understood English, it would be best for him 
                  
                  to speak in the latter language, and proceeded to do so. 
                  
                  
 
               
               
               
               
                  HON. SIR E. P. TACHÉ then said that in 
                  
                  moving the resolution he felt it his duty first 
                  
                  to make a few preliminary remarks, and to 
                  
                  give fully and thoroughly the reasons which 
                  had induced him to assume the grave responsibility of laying this measure before the
                  
                  House and the country. The reasons were 
                  two-fold. They related first to the intrinsic 
                  merits of the scheme itself, divested of all 
                  other considerations, and next, to the settlement of the domestic difficulties which
                  for 
                  some years had distracted the country, and 
                  the means we might and ought to employ to restore good feeling, harmony and concord
                  therein. He would, then, first address himself to 
                  what he considered the intrinsic merits of the 
                  scheme of Confederation, and he would therefore say that if were anxious to continue
                  our 
                  connection with the British Empire, and to 
                  preserve intact our institutions, our laws, 
                  and even our remembrances of the past, we 
                  must sustain the measure. If the opportunity which now presented itself were allowed
                  
                  to pass by unimproved, whether we would or 
                  would not, we would be forced into the American Union by violence, and if not by violence,
                  
                  would be placed upon an inclined plain which 
                  would carry us there insensibly. In either 
                  case the result would be the same. In our 
                  
                  
                  
                  
                  present condition we would not long continue 
                  
                  to exist as a British colony. To sustain this 
                  
                  position he thought it was only necessary to 
                  
                  look at the present state of Canada, its extent, 
                  
                  its agricultural and mineral resources, its internal means of communication—natural
                  and 
                  
                  artificial,—its geographical position and its 
                  
                  climate. The extent of the Canadian territory was, perhaps, not defined, but it was
                  sufficiently well known to enable him to state 
                  
                  that it was as large as many empires in Europe, larger than France or Austria. He
                  
                  
                  knew that the portion cultivated was, in respect to its superficial area, only as
                  to the seacoast to the sea itself. We had vast forests 
                  
                  not yet opened or occupied, and yet we had a 
                  
                  population numbering over two and a half 
                  
                  millions of souls. With such an extent of 
                  
                  territory and so fertile a soil, he had no doubt 
                  
                  whatever that in less than half a century Canada would embrace a population equal
                  to 
                  
                  that of the large empires of the old world. 
                  
                  Then with regard to our internal communica 
                  
                  tions, natural and artificial, there was the 
                  
                  noble St. Lawrence, which, with great propriety, might be called the father of rivers,
                  
                  
                  for this stream, in point of navigable extent, 
                  
                  was longer than any other river in the world. 
                  
                  Some of its tributaries which would help to 
                  
                  people the interior, were larger than the first- 
                  
                  class rivers of Europe, and as to its lakes, 
                  
                  none such are to be found elsewhere, especially 
                  
                  in view of the facilities they afford to trade. 
                  
                  Then the minerals of Canada, which were 
                  
                  only now beginning to attract attention, were of 
                  
                  the most valuable character, and as practical 
                  
                  men asserted, much more valuable than the 
                  
                  richest auriferous regions could be. The honorable member then referred to the artificial
                  
                  
                  commucations of the country, viz., our Canals, 
                  
                  which, he said, were on a scale unequalled in 
                  
                  America, or, indeed, in the world. Our Railway system too, in proportion to our means
                  
                  
                  and population, was as extensive as could be 
                  
                  found anywhere else ; yet with all these advantages, natural and acquired, he was
                  bound 
                  
                  to say we could not become a great nation. 
                  
                  We labored under a drawback or disadvantage 
                  
                  which would effectually prevent that, and he 
                  
                  would defy any one to take a map of the world 
                  
                  and point to any great nation which had not seaports of its own open at all times
                  of the year. 
                  Canada did not possess those advantages, but 
                  was shut up in a prison, as it were, for five 
                  months of the year in fields of ice, which all 
                  the steam engineering apparatus of human 
                  ingenuity could not overcome, and so long as 
                  this state of things continued, we must con
7sent to be a small people, who could, at any 
                  
                  moment, be assailed and invaded by a people 
                  
                  better situated in that respect than we were. 
                  
                  Canada was, in fact, just like a farmer who 
                  
                  might stand upon an elevated spot on his 
                  
                  property, from which he could look around 
                  
                  upon fertile fields, meandering streams, wood 
                  
                  and all else that was necessary to his domestic 
                  
                  wants, but who had no outlet to the highway. 
                  
                  To be sure he might have an easy, good-natured neighbor, who had such an outlet, and
                  
                  
                  this neighbor might say to him, " Don't be 
                  
                  uneasy about that, for I will allow you to pass 
                  
                  on to the highway, through my cross road, and 
                  
                  we shall both profit by the arrangement." So 
                  
                  long as this obliging neighbor was in good 
                  
                  humor everything would go on pleasantly, but 
                  
                  the very best natured people would sometimes 
                  
                  get out of temper, or grow capricious, or circumstances might arise to cause irritation.
                  And 
                  
                  so it might come to pass that the excellent 
                  
                  neighbor would get dissatisfied. For instance, 
                  
                  he might be involved in a tedious and expensive law suit with some one else ; it might
                  be 
                  
                  a serious affair—in fact, an affair of life or 
                  
                  death, and he might come to the isolated 
                  
                  farmer and say to him, " I understand that 
                  
                  you and your family are all sympathising with 
                  
                  my adversary ; I don't like it at all, and I am 
                  
                  determined you will find some other outlet to 
                  
                  the highway than my cross road, for henceforth my gate will be shut against you."
                  In 
                  
                  such a case what is the farmer to do ? There 
                  
                  is the air left, but until the aerostatic science 
                  
                  is more practically developed, he can hardly 
                  
                  try ballooning without the risk of breaking 
                  
                  his neck. (Laughter.) Well, that was precisely our position in reference to the United
                  
                  
                  States. Since the Atlantic and St. Lawrence 
                  
                  Railway was opened we have had a very convenient outlet to the sea, and he, with other
                  
                  
                  hon. members now present, would remember 
                  
                  the joyful jubilee which was held on the occasion of its opening at Boston in 1851
                  or '52. 
                  
                  For one he was perfectly delighted, as being a 
                  
                  man of a different origin, to mark how the two 
                  
                  branches of the Anglo-Saxon race fraternised. 
                  
                  How they did shake hands to be sure ! How 
                  
                  they did compliment each other as possessing 
                  
                  qualities superior to all other people. They 
                  were indeed very affectionate and almost swore 
                  eternal friendship and fidelity, and he (Sir 
                  E. P. TACHÉ) had no doubt whatever of 
                  their perfect sincerity at the time. The consequences of this great work had, no doubt,
                  
                  been highly advantageous to both sides, for 
                  their commercial relations had enlarged very 
                  much, so much indeed that now the transac
tions with the United States were, as he believed, more extensive than those with
                  Great 
                  
                  Britain. If the advantages had been all on 
                  
                  one side this increase would, of course, not 
                  
                  have taken place. But how were we situated 
                  
                  now? Difficultics had supervened, in which 
                  
                  we were in no wise concerned, but which originated with themselves. It was North against
                  
                  
                  South solely, yet these difficulties had affected 
                  
                  the good feeling between them and this country. To be sure there had been no misunderstanding
                  at all between our respective Governments, but the minds of the people on both 
                  
                  sides had been considerably affected. The 
                  
                  people of the Northern States believed that 
                  
                  Canadians sympathized with the South much 
                  
                  more than they really did, and the consequences of this misapprehension were : first,
                  
                  
                  that we had been threatened with the abolition 
                  
                  of the transit system ; then the Reciprocity 
                  
                  Treaty was to be discontinued ; then a passport system was inaugurated, which was
                  almost 
                  
                  equivalent to a prohibition of intercourse, and 
                  
                  the only thing which really remained to be 
                  
                  done was to shut down the gate altogether and 
                  
                  prevent passage through their territory. Would 
                  
                  any one say that such a state of things was 
                  
                  one desirable for Canada to be placed in ? Will 
                  
                  a great people in embryo, as he believed we 
                  
                  were, coolly and tranquilly cross their arms and 
                  
                  wait for what might come next ? For his part 
                  
                  he held that the time had now arrived when we 
                  
                  should establish a union with the great Gulf 
                  
                  Provinces. He called them great advisedly, 
                  
                  for they had within themselves many of the 
                  
                  elements which went to constitute greatness, 
                  
                  and of some of which we were destitute.- 
                  Canada was unquestionably wanting in several 
                  
                  of these important elements, and he had been 
                  
                  very sorry a few days ago to hear an hon. 
                  
                  member of this House make comparisons unfavorable to those countries. That hon. member
                  had said the Lower Provinces were poor 
                  
                  and needy, and that like all other poor people 
                  
                  they would no doubt be glad to connect themselves with a wealthy partner. He had also
                  
                  
                  said their product of wheat was very small, 
                  
                  and that one of the inferior counties in Upper 
                  
                  Canada yielded more than the whole of New 
                  
                  Brunswick. Well, the allegations in respect 
                  
                  of the produce of wheat might be true ; but 
                  
                  that did not necessarily constitute them poor 
                  
                  provinces. Let the honorable member look 
                  
                  at Massachusetts, Connecticut, Rhode Island 
                  
                  and New Hampshire, which, in respect of 
                  
                  agricultural produce, might be said to be poor, 
                  
                  so poor that an American had once told him 
                  
                  (Sir E. P. TACHÉ) that they did not even grow 
                  
                  
                  
                  8
                  
                  grass, and their inhabitants had to file the 
                  
                  teeth of their sheep in summer to enable them 
                  
                  to get a subsistence. (Laughter.) Yet were 
                  
                  these states poor ? Had they no resources 
                  
                  from their trade and manufactures ? If they 
                  
                  did not produce wealth in one way they certainly did in others, and so it was with
                  New 
                  
                  Brunswick. If it did not produce wheat, it 
                  
                  produced timber in immense quantities. It 
                  
                  had a very extensive fishing coast which was 
                  
                  a source of great wealth. Some honorable 
                  
                  gentlemen would perhaps remember what an 
                  
                  eminent man from Nova Scotia—the Hon. 
                  
                  JOSEPH HOWE—had said at a dinner in this 
                  
                  country in 1850, that he knew of a small 
                  
                  granite rock upon which, at a single haul of 
                  
                  the net, the fishermen had taken 500 barrels 
                  
                  of mackerel. That was a great haul no 
                  
                  doubt—(laughter)—but the honorable gentleman had not given the size of the barrels.
                  
                  
                  (Laughter.) Still no one could deny that the 
                  
                  Gulf Provinces were of immense importance, 
                  if only in respect of their fisheries. Then 
                  they were rich in minerals. Their coal alone 
                  was an element of great wealth. It had been 
                  said that where coal was found the country was 
                  of more value than gold. Look at England, 
                  and what was the chief source of her 
                  wealth if not coal ? Deprived of coal, she 
                  would at once sink to the rank of a second or 
                  third rate power. But Canada had no coal, 
                  and notwithstanding all her other elements 
                  of greatness, she required that mineral in 
                  order to give her completeness. What 
                  she had not, the Lower Provinces had ; 
                  and what they had not, Canada had. 
                  Then as to ship-building, it was an industry 
                  prosecuted with great vigor and success in 
                  those provinces, especially in New Brunswick, 
                  and some of the finest vessels sailing under 
                  the British flag had been built in the port of 
                  St. John, which annually launched a considerable number of the largest class. They
                  
                  were not beggars, nor did they wish to come 
                  into the union as such ; but as independent 
                  provinces, able to keep up their credit, and 
                  provide for their own wants. They would 
                  bring into the common stock a fair share of 
                  revenue, of property, and of every kind of 
                  industry. As to their harbours, he (Sir E. P. 
                  TACHE) had had the good fortune to visit 
                  them personally, and would say they could 
                  not be surpassed anywhere ; in fact he believed 
                  they were unequalled in the world. He would 
                  especially refer to that of Halifax, and would 
                  ask honorable members to imagine an extensive roadstead, protected by several islands
                  
                  standing out in the sea, so as to break the 
                  
                  
                  
                  
                  waves and quiet the waters in the worst of 
                  
                  storms. This most beautiful harbour could 
                  
                  accommodate, in perfect safety, more than 100 
                  
                  of the largest vessels ; but this was not all, 
                  
                  for at the east end where it diminished into a 
                  
                  gully, but with very deep water, you enter 
                  
                  into a large natural basin, rounded as it were 
                  
                  by the compass, and of an extent sufficient to 
                  
                  take in all the navies of the world. The, 
                  
                  entrance to this magnificent inner harbour was 
                  
                  rendered inaccessible to any foe by the fortifications erected at the mouth, and the
                  entrance 
                  
                  could, moreover, be so barred that no hostile 
                  
                  fleet could ever get through. He did not 
                  
                  suppose the fleets of England would ever need 
                  
                  to take refuge there—(hear, hear)—although 
                  
                  it had been loudly alleged that they could be 
                  
                  blown out of the water in an incredibly short 
                  
                  space of time—(laughter)—but it might afford 
                  
                  shelter to isolated vessels, in case they were 
                  
                  hard pushed by superior numbers. Well,  
                  
                  under the union, Canada would become a 
                  
                  partner in these advantages, and with the 
                  
                  harbours of Halifax and Quebec, they might 
                  
                  well feel proud of their country. On the  
                  
                  whole, he thought that the Confederation of 
                  
                  all the Provinces had become an absolute 
                  
                  necessity, and that it was for us a question of 
                  
                  to be or not to be. If we desired to remain 
                  
                  British and monarchical, and if we desired to 
                  
                  pass to our children these advantages, this 
                  
                  measure, he repeated, was a necessity. But 
                  
                  there were other motives and other reasons 
                  
                  which should induce us to agree to the scheme. 
                  
                  Every honorable gentleman in the House knew 
                  
                  the political position of the country, and were 
                  
                  acquainted with the feelings of irritation which 
                  
                  have prevailed for many years. They knew it 
                  
                  happily not by their experience in this House, 
                  
                  but by the tone of the public press, and by the 
                  
                  discussions in another place where taunts and 
                  
                  menaces were freely flung across the floor by 
                  
                  contending parties. They knew what human 
                  
                  passions were, and how, when bitter feelings 
                  
                  continued for a long time, the distance between 
                  
                  exasperation and actual conflict was not very 
                  
                  great. They had now before their own eyes 
                  
                  an example of the effects of such disagreements. 
                  
                  It was persistently believed by many that the 
                  
                  rival interests would never come to a rupture, 
                  
                  but for three years they had been waging a 
                  
                  conflict which had desolated and ruined the 
                  
                  fairest portion of the country, and in the course 
                  
                  of which acts of barbarity had been committed 
                  
                  which were only equalled by the darkest ages. 
                  
                  We in Canada were not more perfect, and the 
                  
                  time had arrived when, as he believed, all the 
                  
                  patriotic men in the country ought to unite in 
                  
                  
                  
                  9
                  
                  providing a remedy for the troubles we had to 
                  
                  contend with. It might be said that the 
                  
                  remedy proposed was not required, but he 
                  
                  would like to know what other could be proposed. Legislation in Canada for the last
                  two 
                  
                  years had come almost to a stand still, and if 
                  
                  any one would refer to the Statute Book since 
                  
                  1862, he would find that the only public 
                  
                  measures there inscribed had been passed 
                  
                  simply by the permission of the Opposition. 
                  
                  This was the condition of things for two years, 
                  
                  and if this were an evil there was another not 
                  
                  less to be deplored ; he referred to the administration of public affairs during the
                  same period. 
                  
                  From the 21st May, 1862, to the end of June, 
                  
                  1864, there had been no less than five different 
                  
                  Governments in charge of the business of the 
                  
                  country. The honorable member here gave a 
                  
                  history of the several changes until the MACDONALD-DORION Administration died, as
                  he 
                  
                  stated, of absolute weakness, falling under the 
                  
                  weight they were unable to carry. Their 
                  
                  successors were not more successful, and 
                  
                  being defeated were thinking of appealing to 
                  
                  the country, which they might have done 
                  
                  with more or less success, gaining a constituency here, and perhaps losing another
                  elsewhere.  They had assumed the charge of 
                  
                  affairs with an understanding that they would 
                  
                  have a right to this appeal, and while they 
                  
                  were consulting about it they received an intimation from the real chief of the Opposition,
                  
                  
                  through one of their own friends, to the effect 
                  
                  that he was desirous of making overtures to 
                  
                  them, with the view of seeking to accommodate the difficulties.  The honorable gentleman
                  
                  and some of his friends then came into contact 
                  with the leaders of the Government, and it 
                  was agreed between them to try to devise a 
                  scheme which would put an end to the misunderstandings, and at the same time secure
                  
                  for Canada and the other provinces a position 
                  which would ensure their future safety and 
                  procure them the respect and confidence of 
                  other nations. They arranged a large scheme 
                  and a smaller one.  If the larger failed, then 
                  they were to fall back upon the minor, which 
                  provided for a federation of the two sections of 
                  the province.  At the time these measures 
                  were resolved upon the country was bordering 
                  on civil strife, and he would ask if it was not 
                  the duty of both sides to do all they could to 
                  prevent the unfortunate results which would 
                  have followed. An honorable member opposite (Hon. Mr. LETELLIER DE ST. JUST) had 
                  said, a few days ago, that it would have been 
                  easy to have prevented the necessity for a 
                  Confederation of all the provinces, by granting 
                  
                  
                  
                  
                  to Upper Canada the increased representation, 
                  
                  or the demand of representation according to 
                  
                  population, which they had been contending 
                  
                  for.  
                  
                  
                  
 
               
               
               
               HON. MR. LETELLIER DE ST. JUST 
                  begged to say that the Hon. Premier must 
                  have misunderstood him. What he had said 
                  was that if the proposition had been made to 
                  the people whether they should have a Confederation of all the provinces, or give
                  Representation according to Population to Upper 
                  Canada, they would have chosen the latter ; 
                  and when he had alluded to some other mode 
                  of accommodating the difficulties, he meant 
                  that if the Government had applied to other 
                  parties in the Legislature than those they had 
                  had associated with themselves, they might 
                  have succeeded without having recourse to 
                  Confederation. 
                  
                  
 
               
               
               
               
                  HON. SIR. E. P. TACHÉ said that he had 
                  
                  not been alone in interpreting the honorable 
                  
                  member as he had done, for two city journals 
                  
                  had taken the same view of his remarks. 
                  
                  
 
               
               
               
               
               
               
               
               
                  HON. SIR E. P. TACHÉ—Well, it did 
                  
                  not much matter ; but the honorable member 
                  
                  should recollect that Lower Canada had constantly refused the demand of Upper Canada
                  
                  
                  for representation according to population, 
                  
                  and for the good reason that, as the union 
                  
                  between them was legislative, a preponderance 
                  
                  to one of the sections would have placed the 
                  
                  other at its mercy . It would not be so in a 
                  
                  Federal Union, for all questions of a general 
                  
                  nature would be reserved for the General 
                  
                  Government, and those of a local character to 
                  
                  the local governments, who would have the 
                  
                  power to manage their domestic affairs as they  
                  
                  deemed best. If a Federal Union were 
                  
                  obtained it would be tantamount to a separation of the provinces, and Lower Canada
                  
                  
                  would thereby preserve its autonomy together 
                  
                  with all the institutions it held so dear, and  
                  
                  over which they could exercise the watchfulness and surveillance necessary to preserve
                  them 
                  
                  unimpaired. [The honorable member repeated this portion of his speech in French, 
                  for the express purpose of conveying his  
                  meaning in the clearest and most forcible  
                  manner to his follow-members for Lower  
                  Canada, who might not have apprehended so 
                  well the English.]  But there might be a 
                  portion of the inhabitants of Lower Canada  
                  who might at a first glance have greater reason  
                  to complain than the  French Roman Catholics, 
                  and these were the English Protestants. And 
                  why ? Because they were in a minority ; but 
                  
                  
                  
                  
                  
                  10
                  
                  he thought that if they took the trouble fully 
                  
                  to consider the subject, they would be reassured and satisfied with the scheme. First
                  
                  
                  a great event had taken place ; the law of 
                  
                  Lower Canada had been consolidated and the 
                  
                  Englîsh-speaking people residing in that section 
                  
                  had got reconciled to it ; in fact they were well 
                  
                  satisfied therewith. In this respect, then, 
                  
                  they were secure. But they might say that 
                  
                  the majority in the Local Legislature might 
                  
                  hereafter be unjust to them, but he thought 
                  
                  that, on looking at the past, their fears might 
                  
                  be allayed. Before the union of the provinces, 
                  
                  when the large majority of members in the 
                  
                  Legislature were French, the English inhabitants had never found cause of complaint
                  
                  
                  against them. In no instance had injustice 
                  
                  been attempted. The difficulty was that 
                  
                  the minority wanted to rule and wanted to 
                  
                  possess the whole power of the state in their 
                  
                  hands. That the people of Lower Canada 
                  
                  always acted towards the English with liberality was best exemplified by facts. Before
                  
                  
                  the union wile the constituencies were almost 
                  
                  exclusively French, English Protestant gentlemen were frequently returned to Parliament,
                  
                  
                  and he had now opposite to him an honorable 
                  
                  member who had for twenty years represented 
                  an entirely French and Roman Catholic county. He doubted if in the course of those
                  twenty 
                  
                  
                  years that honorable member had ever been 
                  
                  asked whether he were Scotch or Protestant. 
                  
                  They took the man for his sterling worth. It 
                  
                  was even a fact that the French had elected 
                  
                  members with extraordinary names, and as 
                  
                  everybody knew, there was sometimes a good 
                  
                  dealin a name, (Hear, hear.) Now if there 
                  
                  was one name which French Canadians disliked more than another, it was that of Luther
                  
                  
                  (Hear, hear and laughter). Yet they had 
                  elected a gentleman bearing that significant 
                  appellation. He was glad they had, and he 
                  had no doubt he had been elected because of 
                  his personal worth ; but it unquestionably 
                  showed a great deal of liberal feeling on the 
                  part of the electors. (Hear, hear.). But if 
                  an English Protestant was bad in the eyes of   
                  a French Canadian, a French Protestant was 
                  infinitely worse, and yet the county of Lotbinière had elected a French Canadian Protestant
                  without even questioning his religion. 
                  That gentleman was a most worthy, able  and 
                  well educated person, and every way well 
                  qualified for the important trust. But again, 
                  quite fately in a division in Lower Canada 
                  numbering over fifty thousand souls, of which 
                  only one thousand four hundred were English, 
                  an election of a member to this Chamber had 
                  
                  
                  
                  
                  taken place, the candidates being a French: 
                  
                  Roman Catholic gentlemen, long and well 
                  
                  known, and an English Protestant—and with 
                  
                  what result ? Why, that the English Protestant had beaten the French Canadian Roman
                  
                  
                  Catholic by one thousand votes. (Hear.) 
                  
                  Could any greater proof of a tolerant and 
                  
                  liberal feeling be exhibited ? These examples  
                  
                  should show, as he thought, that the Protesttants of Lower Canada were sure to meet
                  with 
                  
                  not justice simply, but with the largest toleration. It might perhaps be said that
                  Mr. PRICE, 
                  
                  who had been elected for the division of which 
                  
                  he spoke, being a large merchant doing business in Chicoutimi, had used the influence
                  
                  
                  which his position gave him over many electors  
                  
                  who were in his debt to obtain success ; but 
                  
                  whatever might be said of Chicoutimi, it 
                  
                  could not be said of the county of Charlevoix, 
                  
                  where he had no such business relations, and 
                  
                  yet he obtained a majority there too. The 
                  
                  fact was, the result might be considered not 
                  
                  only as a mark of confidence in Mr. PRICE, the 
                  
                  son elected, but as a token of respect and 
                  
                  gratitude to Mr. PRICE, senior, who had by his 
                  
                  energy and enterprise opened up the Saguenay 
                  
                  country, and who, in a certain sense, might be 
                  
                  said to be the father of that region. Much 
                  
                  had been said on the war of races, but that 
                  
                  war was extinguished on the day the British 
                  
                  Government granted Canada Responsible Government, by which all its inhabitants, without
                  
                  
                  distinction of race or creed, were placed on a 
                  
                  footing of equality. (Hear, hear). The war 
                  
                  of races found its grave in the resolutions of 
                  
                  the 3rd September, 1841, and he hoped never 
                  
                  to hear of it again. We were so situated that 
                  
                  there must needs be mutual forbearance. This 
                  
                  .life was one of compromise. Not only was forbearance needed in public life, but in
                  domestic 
                  
                  life. If one member in a family insists upon 
                  
                  having all his own way, there will be trouble, 
                  
                  and so through all possible relations of 
                  humanity. He believed the French-Canadians 
                  would do all in their power to render justice 
                  to their fellow subjects of English origin, 
                  and it should not be forgotten that if the 
                  former were in a majority in Lower Canada, 
                  the English would be in majority in the 
                  General Government, and that no act of real 
                  injustice could take place, even if there were a 
                  disposition to perpetuate it, without its being 
                  reversed there. He had now given to the House    
                  the motives which had led him to take the 
                  responsibility of introducing this important 
                  measure, and he trusted they would be viewed 
                  as sufficient. When the proper time for the   
                  discussion of the details came, he would be 
                  
                  
                  
                  11
                  
                  prepared to give such explanations as might 
                  
                  seem requisite, and as to the mode and time of 
                  
                  the discussion he would leave that to the 
                  
                  decision of the House. 
                  
                  
 
               
               
               
               
                  Hon. Mr. FERGUSSON BLAIR—[Owing 
                  
                  to some noise in the House, the reporter did 
                  
                  not clearly understand the opening remarks of 
                  
                  the hon. member, except so far as that he desired to convey the impression that what
                  he 
                  
                  was about to say was not to be regarded as 
                  
                  committing any one but himself; that he did 
                  
                  not speak for any party or as representing any 
                  
                  party in the House. The hon. member was 
                  
                  also understood to allege he did not think the 
                  
                  political struggles and difficulties alluded to by 
                  
                  the Hon. Premier could be taken as sufficient 
                  
                  to justify the great constitutional change now 
                  
                  proposed]. He thought that in the course of 
                  
                  party struggles for supremacy, the Opposition 
                  
                  had erred in seeking to oust the Ministry before they themselves were prepared to
                  assume 
                  the charge with a reasonable prospect of being 
                  able to carry on the Government with success. 
                  This was the British system, and an instance 
                  had lately occurred in the Imperial Parliament 
                  exemplifying it. On the Danish question Mr. 
                  D'Israeli could have defeated Ministry, 
                  but, being aware that he could not form a 
                  strong Administration, many of his party abstained from voting. Such a condition of
                  
                  things could happen just as well in an assembly of 300 as in one of 600, and he did
                  not 
                  think the change proposed would guarantee 
                  immunity from future difficulties of the same 
                  kind, therefore they might happen in the General Government as we as in that of Canada
                  
                  alone. But looking at the scheme as presented, and forgetting all past party disputes
                  
                  and the charges against the public men concerned, it came before the House in such
                  a 
                  shape as to make it necessary to attempt or reject it. He must say he could act but
                  attach 
                  great weight to a scheme prepared by men of 
                  differentt political opinions, by eminent men 
                  who had met together for the express purpose 
                  of, arranging it, and who had agreed upon its 
                  provisions. If it were obstructed by any serious amendments, involving a prolonged
                  delay, 
                  such delay might be fatal, and if it were to 
                  pass, he thought it should be allowed to do so 
                  at a sufficiently early period to permit of its 
                  being laid before the Imperial Parliament this 
                  year. (Hear, hear.) He could not shut his 
                  eyes to the fact that whether or not the union 
                  added strength to the provinces interested, it 
                  would unquestionably add to their respectability and standing , both at home and abroad.
                  
                  (Hear.) The people of England were, evi
dently looking to the proposed change with 
                  
                  confidence and hope, and as likely to perpetuate the connection of the provinces with
                  the 
                  
                  empire for a long time to come. But it was 
                  
                  well known that there was an anti-colonial 
                  
                  party in England persistently urging that it 
                  
                  would be an advantage to the nation to get rid 
                  
                  of the colonies. The question of defending 
                  
                  them was an embarrassing one, and unless 
                  
                  some such scheme as this were adopted, it 
                  
                  might present grave difficulties. If the scheme 
                  
                  were rejected, the effect would be very injurious upon our credit. (Hear) But if adopted,
                  
                  
                  the reverse would be the case. Its acceptance 
                  
                  would also improve our position in the eyes of 
                  
                  our neighbors in France and other nations; 
                  
                  indeed it would, in all probability, give us a 
                  
                  national standing, without the necessity of 
                  
                  separating from the mother country. For these 
                  
                  reasons he had come to the conscientious conclusion that it would be highly injurious
                  to 
                  
                  reject the scheme, and that it was our duty to 
                  
                  pass it as soon as was consistent with a due 
                  
                  consideration of what was due to so important 
                  
                  a subject. He did not think it necessary to 
                  
                  express, at greater length, his reasons for giving the motion his support, but he
                  again desired it to be well understood that he spoke 
                  
                  only for himself, and not in concert with any 
                  
                  one else. At the same time he might say, 
                  
                  that from what he knew personally of the 
                  
                  feeling of his section of the country, it was 
                  
                  highly favorable to the measure. There might 
                  
                  be some matters of detail upon which there 
                  
                  was a difference of opinion, and when the resolutions came up in their order, he would
                  indicate what they were. The proposed submission of the scheme to the electors would
                  involve a delay which could not be compensated 
                  
                  for by any benefit proposed to be derived from 
                  
                  such a course; but if there should hereafter be 
                  
                  any' very important public movement and 
                  
                  numerous petitions in favor of an appeal to 
                  
                  the people, then the subject would present a 
                  
                  different aspect. Or if the majority in favor 
                  
                  of the scheme in the other branch of the Legislature should be very small, that might
                  be 
                  
                  deemed a sufficient reason for submitting it to 
                  
                  the country. As to the course to be pursued in 
                  
                  the decision on the merits, he did not know whether it would be best to have it in
                  Committee 
                  of the Whole or with the Speaker in the chair. 
                  
                  
 
               
               
               
               
               
               
                  Hon. Sir E. P. TACHÉ thought it would be 
                  
                  better that the Speaker should continue in the 
                  
                  chair, but with the understanding that every 
                  
                  honorable member should be at liberty to 
                  
                  speak freely and frequently as if the House were 
                  
                  in committee. 
                  
                  
 
               
               12
               
               
               
                  HON. MR. FERGUSSON BLAIR assented. 
                  
                  
HON. MR. LETELLIER DE ST. JUST 
                  
                  said, that if he were sufficiently master of 
                  
                  English he would address the House in that 
                  
                  language, but not being so would have to use 
                  
                  the French. The difficulties to which allusion 
                  
                  had been made were produced by two causes. 
                  
                  They were not constitutional, however, but 
                  
                  parliamentary, and, as he believed, could have 
                  
                  been surmounted without recourse to the 
                  
                  constitutional change which it was proposed 
                  
                  to adopt without appeal to the country. It 
                  
                  was true that difficulties had succeeded to 
                  
                  difficulties, and that legislation was stopped, 
                  
                  but if the leaders had sought in the Legislature itself for the means of removing
                  them, he 
                  
                  believed they would have been found. Who 
                  
                  would guarantee the Government under the 
                  
                  new Constitution from the recurrence of similar 
                  
                  troubles ? There would of course be an Opposition as in the smaller House. If similar
                  
                  
                  difficulties happened, would the Confederation 
                  
                  seek relief in another change of Constitution. 
                  
                  On the contrary, would not relief be sought 
                  
                  in the means he had suggested. At any rate 
                  
                  he did not think such a change as the union 
                  
                  of all the British provinces was required. In 
                  
                  1820, when a union of Upper and Lower 
                  
                  Canada was proposed, it was objected that if 
                  
                  it did not work a larger union would follow, 
                  
                  and then, lastly, a legislative union of all the 
                  
                  Provinces. Two of these steps had already 
                  
                  been taken, and we were going on with rapid 
                  strides towards the last. In such a case it was 
                  not hard to conceive what would be the position of Lower Canada. It was a misfortune
                  
                  that we had to contend with national prejudices, 
                  but it was impossible to forget them. In the 
                  event of a legislative union would the guarantees proposed to Lower Canada under the
                  
                  federation system be found ? Would it not 
                  then be at the mercy of those they now feared ? 
                  He admitted we had a rich country as represented ; we had wheat fields, mineral resources,
                  
                  forests, rivers and lakes, but to make them 
                  available did we require an increase of territory ? We had territory enough, and an
                  
                  increase would be a source of weakness, not of 
                  strength. Would it not add to our already 
                  large frontier, and make us more vulnerable 
                  to invasions. The union would not increase 
                  the power of England to protect us, and 
                  England would have the same interest in 
                  protecting the colonies without as well as with 
                  the union. New Brunswick might be rich 
                  in coal, in wood and in fisheries, and do a large 
                  business in ship building, but these things 
                  would seek the best markets under any circum
stances, and he did not see that a union with 
                  
                  us would increase their value, and if it did 
                  
                  it would be no advantage. Then, as to Nova 
                  
                  Scotia with its small population and fine 
                  
                  harbour—where would be the advantage of 
                  
                  connection with her ? Though not united, 
                  
                  would not the harbour be equally available to 
                  
                  our vessels ? He would now say he preferred 
                  
                  to Confederation a legislative union of Upper 
                  
                  and Lower Canada with inequality of representation in the Lower House and equality
                  in 
                  
                  the Upper. This would not add to the expenses of the province, and would be more 
                  
                  consonant with our interests and the sentiments 
                  
                  [ideas] of the people. Though there should 
                  
                  be inequality in the Assembly , the equality in 
                  
                  the Legislative Council would act as a counterpoise, and prevent one section from
                  invading 
                  
                  the interests of the other. Then did not Confederation consecrate [establish] the
                  principle 
                  
                  of representation according to population ? 
                  
                  It would give larger to one of the nationalities, 
                  
                  and, as the General Government would be able 
                  
                  to veto the acts of the Local Government, 
                  
                  would there be no danger to Lower Canada ? 
                  
                  If representation by population had been so 
                  
                  much opposed in this part, it was doubtless 
                  
                  because there was cause of fear, yet this very 
                  
                  power was to be conferred upon the Federal 
                  
                  Government. If it could not be given with 
                  
                  safety under our present regime, how could it 
                  
                  be safer to give it to the Confederation. The 
                  
                  advantage of the plan to Upper Canada was 
                  
                  well understood, for immediately after the 
                  
                  coalition they all agreed to say they had 
                  
                  gained what they had so long contended for. 
                  
                  
 
               
               
               
               
                  HON. SIR E. P. TACHÉ—Well, after all, 
                  
                  they only got what the honorable member 
                  
                  himself proposed to give them. 
                  
                  
 
               
               
               
               
                  HON. MR. LETELLIER DE ST.JUST 
                  
                  said he always preferred a short direct course 
                  
                  to a long tortuous one. The friends of the 
                  
                  new movement had tried to conceal the fact 
                  
                  that representation according to population 
                  
                  was to be conceded to Upper Canada, but they 
                  
                  had failed, and the avowal had come out at 
                  
                  last. The resolutions not being before the 
                  
                  House, it would be improper to go into the 
                  
                  merits of the details, but he could not avoid 
                  
                  alluding to one point which was of profound 
                  
                  interest. It was clear that the constituencies 
                  
                  had not sent honorable members to this House 
                  
                  for the purpose of electing themselves members for life, as they were invited to do.
                  They 
                  
                  were not sent here to change the Constitution, 
                  
                  but to uphold it. (Hear.) You were, in 
                  
                  fact, about to declare that the local governments would have power to recommend to
                  the 
                  
                  
                  
                  13
                  
                  General Government that you should be appointed for life. If so, then let the people
                  say 
                  
                  whether such power should be conferred. 
                  
                  Take the means to make sure that the members of the Assembly shall appeal to the 
                  
                  country. In New Brunswick the question 
                  
                  was about to be submitted to the people 
                  
                  through a general election. To be sure, it 
                  
                  was said that the term of Parliament there 
                  
                  had expired ; but if the Ministers in New 
                  
                  Brunswick had understood they could force 
                  
                  a vote, as was about to be done in Canada, 
                  
                  he doubted whether the general election would 
                  
                  have taken place immediately. He believed, 
                  
                  too, that the Conference generally had regarded this as the most proper mode. Then
                  
                  
                  did not think that such a change should 
                  
                  have been brought about under a Coalition 
                  
                  Government. This was contrary to British 
                  
                  usage, and he believed that if a petition was 
                  
                  numerously signed, and forwarded to the 
                  Imperial Government, representing that this 
                  important change had been brought about by 
                  a coalition, the act would be declared unconstitutional. The scheme was practically
                  
                  unknown to the people. Under some pressure it had been sent confidentially, to the
                  
                  members, but what did the country understand of it ?—little or nothing. It had been
                  
                  said that if the scheme were not adopted now 
                  it would be in danger ; but would it not keep 
                  good for a little while ? Was it feared that 
                  the peeple would find out that it would 
                  occasion increased expense, and so refuse to 
                  have it ? If only for the reason that it was 
                  not known to the people, he would vote against 
                  it. When the details came to be discussed, 
                  he believed some of them would not be approved ; and he also thought that the project
                  
                  not embrace all the provisions which it 
                  should embrace. Finally, he thought the 
                  Government should not set its face against 
                  some changes in the scheme, were it only in 
                  the matter of the election of members to the 
                  Legislative Council, and he hoped the House 
                  would lead them to consent to that alteration. 
                  When the resolutions came up, he would make 
                  it his duty to speak more positively to the 
                  particulars in question. The honorable member then sat down, saying he approved of
                  the 
                  mode of discussion proposed. (Hear, hear.) 
                  
                  
 
               
               
               HON. MR. CURRIE then moved that the 
                  debate be adjourned until Monday, which was 
                  carried.