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 5 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 5 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 80 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 it 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-duLoup through New Brunswick to Truro in Nova Scotia.

69. The communications with the Northwestern 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 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.

I certify that the above is a true copy of the original Report of Resolutions adopted in Conference.

E. P. TACHÉ, Chairman.

Referring to my Despatch of 23rd September, and to your answer of 3rd October, I have the honour to inform you that the gentlemen named by you to represent Nova Scotia began their consultations with the delegates from the other Provinces, and the Ministers of Canada on the 10th October.

The members of the Conference chose Sir E. P. Taché, Prime Minister of Canada, as their chairman, and I have now the honour to transmit to you a copy of the Resolutions adopted by the Conference, authenticated by the signature of that gentleman.

I have also transmitted a similar copy to Her Majesty's Secretary of State for the Colonies, and the Lieutenant-Governor of New Brunswick and Prince Edward Island, and the Governor of Newfoundland. I have, &c. (Signed)

MONCK.

His Excellency the LieutenantGovernor of Nova Scotia, &c., &c., &c.

Copy of a Despatch from the Right Hon. Edward Cardwell, M.P., to Viscount Monck.

Downing Street, Dec. 3, 1864.

My Lord,

Her Majesty's Government have received with the most cordial satisfaction your Lordship's Despatch of the 7th ult., transmitting for their consideration the Resolutions adopted by the Representatives

of the several Provinces of British North America, who were assembled at Quebec.

With the sanction of the Crown-and upon the invitation of the Governor-General -men of every Province, chosen by the respective Lieutenant-Governors without distinction of party, assembled to consider questions of the utmost interest to every subject of the Queen, of whatever race or faith, resident in those Provinces; and have arrived at a conclusion destined to exercise a most important influence upon the future welfare of the whole community.

Animated by the warmest sentiments of loyalty and devotion to their Sovereign,earnestly desirous to secure for their posterity throughout all future time the advantages which they enjoy as subjects of the British Crown,-steadfastly attached to the institutions under which they live, -they have conducted their deliberations with patient sagacity, and have arrived at unanimous conclusions on questions involving many difficulties, and calculated under less favourable auspices to have given rise to many differences of opinion.

Such an event is in the highest degree honourable to those who have taken part in these deliberations. It must inspire confidence in the men by whose judgment and temper this result has been attained; and will ever remain on record as an evidence of the salutary influence exercised by the institutions under which these qualities have been so signally developed.

Her Majesty's Government have given to your Despatch, and to the Resolutions of the Conference their most deliberate consideration. They have regarded them as a whole, and as having been designed by those who have framed them to establish as complete and perfect an union of the whole into one Government, as the circumstances of the case and a due consideration of existing interests would admit. They accept them, therefore, as being, in the deliberate judgment of those best qualified to decide upon the subject, the best framework of a measure to be passed by the Imperial Parliament for attaining that most desirable result.

The point of principal importance to the practical well-working of the scheme, is the accurate determination of the limits between the authority of the Central and that of the Local Legislatures in their relation to each other. It has not been possible to exclude from the Resolutions some provisions which appear to be less consistent than might, perhaps, have been desired with the simplicity and unity of the system. But upon the whole it appears to Her Majesty's Government that precautions have been taken, which are obviously intended to secure to the Central

300

Her

Her Majesty's Government are anxious to lose no time in conveying to you their general approval of the proceedings of the Conference. There are, however, two provisions of great importance which seem to require revision. The first of these is the provision contained in the 44th Resolution with respect to the exercise of the Prerogative of pardon. Majesty's Government that this duty It appears to Her belongs to the representative of the Sovereign,-and could not with propriety be devolved upon the Lieutenant-Governors, who will, under the present scheme, be appointed not directly by the Crown, but by the Central Government of the United Provinces.

The second point which Her Majesty's Government desire should be re-considered is the Constitution of the Legislative Council. They appreciate the considerations which have influenced the Conference in determining the mode in which this body, so important to the constitution of the Legislature, should be composed. But it appears to them to require further consideration whether if the members be appointed for life, and their number be fixed, there will be any sufficient means of restoring harmony between the Legislative Council and the Popular Assembly, if it shall ever unfortunately happen that a decided difference of opinion shall arise between them.

These two points, relating to the Prerogative of the Crown and to the Constitu

[1864.

tion of the Upper Chamber, have appeared to require distinct and separate notice. Questions of minor consequence and matters of detailed arrangement may properly be reserved for a future time, when the Provisions of the Bill, intended to be submitted to the Imperial Parliament, shall come under consideration. Her Majesty's Government anticipate no serious difficulty in this part of the case,-since the Resolutions will generally be found sufficiently explicit to guide those who will be entrusted with the preparation of the Bill. It appears to them, therefore, that you should now take immediate measures in concert with the Lieutenant-Governors of the several Provinces, for submitting to their respective Legislatures this project of the Conference ;-and if, as I hope, you are able to report that these Legislatures sanction and adopt the scheme, Her Majesty's Government will render you all the assistance in their power for carrying it into effect. It will probably be found to be the most convenient course, that, in concert with the Lieutenant-Governors, you should select a deputation of the persons best qualified, to proceed to this country; that they may be present during the preparation of the Bill, and give to Her Majesty's Government the benefit of their counsel upon any questions which may arise during the passage of the measure through the two Houses of Parliament. I have, &c. EDWARD CARDWELL.

(Signed) Viscount Monck, &c., &c., &c.

reasons your Government were of opinion that it would be inexpedient to act on this Resolution last year, but that they now wish it to be brought under consideration.

No one can be insensible to the importance of the two measures which are alluded to, and I am far from considering that they do not form a very proper subject for calm deliberation. They are, however, of a nature which renders it especially fit that if either of them be proposed for adoption, it should emanate in the first instance from the Provinces, and should be concurred in by all of them which it would affect. I should see no objection to any consultation on the subject amongst the leading members of the Governments concerned. But whatever the result of such consultation might be, the most satisfactory mode of testing the opinion of the people of British North America would probably be by means of Resolution, or Address, proposed in the Legislature of each Province by its own Go

vernment.

Beyond this expression of the views of

Her Majesty's Government as to the preliminary steps which might be taken towards the decision of this great question, I am not prepared to announce any course of policy, upon an invitation proceeding from one only of the British North American Provinces, and contained in a Resolution of so general and vague a character as that which you have transmitted to me. But if a union, either partial or complete, should hereafter be proposed with the concurrence of all the Provinces to be united, I am sure that the matter would be weighed in this country both by the public, by Parliament, and by Her Majesty's Government, with no other feeling than an anxiety to discern and promote any course which might be the most conducive to the prosperity, the strength, and the harmony of all the British communities in North America.

I. Your Majesty having been pleased to issue Commissions authorizing and appointing us to "consider and revise the various Forms of Subscription and Declaration required to be made by the Clergy of the United Church of England and Ireland on Ordination, or on Appointment, Admission, or Induction to any Ecclesiastical Dignity, Benefice, Curacy, Lectureship, or Office, and to report our Opinion how far they may be altered and simplified consistently with due Security for the declared Agreement of the Clergy with the Doctrines of the Church, and their Conformity to its Ritual;" and also "to consider the various Oaths required to be taken by the Clergy of the United Church of England and Ireland on Ordination, or on Appointment, Admission, or Induction to any Ecclesiastical Dignity, Benefice, Curacy, Lectureship, or Office, and to report our Opinion as to the Expediency of altering or dispensing with the said Oaths, or any of them, for the

future;" We, Your Majesty's Commissioners, in execution of the duties thus entrusted to us, have considered the existing forms of Subscription and Declaration, with a view to reducing their number and simplifying their character; and for that purpose, we have reviewed the various circumstances which from time to time led to their adoption, and we have had regard to the altered circumstances of our own times. We have also considered whether it is possible to remove from those forms any expressions which have been by some deemed objectionable, and yet to preserve their just force as safeguards for the agreement of the Clergy with the doctrine of the Church, and for conformity to its ritual.

We have further considered whether any of the oaths now appointed to be taken can with safety be altered or dispensed with.

We have not thought it necessary to avail ourselves of the power granted to us

ON ORDINATION AS DEACON OR PRIEST. Every person ordained Deacon or Priest is required:

1. To subscribe to the Articles of Religion as enjoined by the Statute

of Elizabeth.-13 Eliz. c. 12. s. 5. 2. To subscribe to the Three Articles of the 36th Canon, relating to:a. The Royal Supremacy.

b. The Book of Common Prayer. c. The Thirty-nine Articles. 3. To take the Oath of Allegiance and the Oath of Supremacy.-1 Eliz. c. 1. and 1 Wm. & Mar. c. 8.

ON BEING LICENSED TO A STIPENDIARY CURACY.

Every person licensed to a Stipendiary Curacy is required :

1, 2, & 3. To make the Subscriptions
and take the Oaths required on
Ordination as above mentioned.
4. To make and subscribe a Declara-
tion as to the Stipend to be re-
ceived.-1 & 2 Vict. c. 106. s. 81.
5. To take the Oath of Canonical
Obedience.

6. To subscribe to a Declaration of
conformity to the Liturgy.-13 &
14 Chas. II. c. 4. s. 8. (Act of
Uniformity).

7. To read publicly in Church the Bishop's Certificate that the Declaration of Conformity to the Liturgy has been made, and the Declaration itself.-13 & 14 Chas. II. c. 4. s. 11.

ON INSTITUTION OR COLLATION TO A BENEFICE WITH CURE, OR LICENCE TO A PERPETUAL CURACY.

Every Person instituted or collated to a Benefice with Cure, or licensed to a Perpetual Curacy is required :

1, 2, 3. 5, 6, & 7. To make the Subscriptions and Declarations, and take the Oaths required on being

licensed to a Stipendiary Curacy, as above mentioned, except the Declaration as to the stipend to be received.

8. To read publicly in Church the Articles of Religion as enjoined by the Statute of Elizabeth, with declaration of unfeigned assent to the same.-13 Eliz. c. 12. s. 3.

9. To read publicly in Church the Morning and Evening Prayers, with declaration of unfeigned assent and consent to all and every thing contained and prescribed in and by the Book of Common Prayer.-13 & 14 Chas. II. c. 4. 8. 6.

10. To take the Oath against Simony required by the 40th Canon.

11. To take and subscribe, in one of the Superior Courts at Westminster, or at Quarter Sessions, the Oath of Allegiance, &c. prescribed by 21 & 22 Vict. c. 48.

ON BEING LICENSED TO A LECTURESHIP Every Person licensed to a Lectureship is required:

1, 2, 3. 5, 6, & 7. To make the Subscriptions and Declarations, and take the Oaths required on being licensed to a Stipendiary Curacy, as above mentioned, except the Declaration as to the stipend to be received.

12. To read before the Bishop the Thirty-nine Articles, with declaration of unfeigned assent to the same.-13 & 14 Chas. II. c. 4. s. 19.

13. To read publicly in Church, on the first lecture day of every month, the Morning and Evening Prayers, with declaration of unfeigned assent and consent to all and every thing contained and prescribed in and by the Book of Common Prayer.-13 & 14 Chas. II. c. 4. s.

19.

III. We subjoin the various forms of the subscriptions, declarations, and oaths above referred to.

1 & 2. Subscription under 13 Eliz. c. 12, and under the 36th Canon.

These subscriptions are combined in practice, and the form generally used, is as follows:

"I, A.B., do willingly and from my heart subscribe to the Thirty-nine Articles of Religion of the United Church of England and Ireland, and to the three Articles in the thirty-sixth Canon, and to all things therein contained."