72 THE ROYAL SOCIETY OF CANADA 



The Statute sets out with the statements that: 



"The Provinces of Canada, Nova Scotia, and New Brunswick, 

 have expressed their desire to be fedepally united into one Dominion 

 under the Crown of the United Kingdom of Great Britain and Ireland, 

 with a Constitution similar in principle to that of the United 

 Kingdom;" 



and that "such a Union would conduce to the welfare of the 

 Provinces and promote the interests of the British Empire." 



Of course these but follow Resolution 3 of the Conference of Dele- 

 gates at Quebec, October 10th, 1864. 



"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 

 of the people of these Provinces desire to follow the model of the 

 British Constitution so far as our circumstances will permit."^ While 

 it is nowhere specifically so enacted, there can be no doubt that the 

 unwritten principles of the British Constitution were intended to 

 govern the new Dominion, and that Canada should have "a Con- 

 stitution similar in principle to that of the United Kingdom." 



This had not always been the case — in the first period of the 

 Constitutional History of Canada, that of French Sovereignty, and 

 in the second, that of military rule (1760-1763), there was nothing 

 of such a Constitution as was enjoyed by the Kingdom of England 

 or of Great Britain. 



When in 1763,^ the King issued his Royal Proclamation and 

 formed the Governments of Quebec, East Florida, West Florida and 

 Grenada, it was stated therein that the Governors would be directed 

 to "summon and call General Assemblies within the said Govern- 

 ments" "by and with the Advice and Consent of our Council": and 

 that the Governors with the consent of the Council and Assembly 

 should make laws and ordinances for the Government. In the Com- 

 mission^ to General James Murray as "Captain General and Governor 

 in Chief in and over our Province of Quebec", he was commanded to 

 act "with the advice and consent of the Council and Assembly of 

 our said Province" after these bodies had been formed in accordance 

 with his Instructions. The Instructions^ directed him to call a 



1 "Parliamentary Debates on the subject of Confederation Printed by 



Order of the Legislature, Quebec. . . ., 1865." at p. 2. 



^ October 7th, 1763. The Proclamation will be found in Shortt & Doughty's 

 "Documents Relating to the Constitutional History of Canada 1759-1791," (Re- 

 port Canadian Archives for 1907 — Sessional Paper No. 18, 1907) pp. 119 sqq. 



3 Shortt & Doughty, pp. 126 sqq. November 21st, 1763. 



^ Shortt & Doughty, pp. 132, sqq. December 7th, 1763. 



