[riddell] BRITISH NORTH AMERICA ACT, 1867 81 



In 1865, and again in 1866, Prince Edward Island by her Legisla- 

 ture in emphatic terms refused to enter into the proposed Union; 

 Newfoundland also declined. Canada, New Brunswick and Nova 

 Scotia sent delegates to England for the necessary legislation by the 

 Imperial Parliament. Prince Edward Island was . again invited to 

 join and its representative, the Premier\ then in London, was favour- 

 ably impressed with the terms offered; but on his return home, his 

 government was defeated. The entry of Prince Edward Island into 

 the Union was not effected until 1873. 



Section 3 authorizes the formation of a "Dominion under the name 

 of Canada." The "Quebec Resolutions" speak of a "Federal Union": 

 the name "Kingdom of Canada" appeared in an early draft of the 

 Act, but "Dominion" was substituted for "Kingdom" by the Foreign 

 Secretary, Lord Stanley, from regard to the supposed Republican 

 susceptibilities of the United States. The fear t;hat the United 

 States w^ould object to the style "Kingdom" was so far as is known 

 wholly baseless and it is not too much to say, it was absurd^. 



Section 5. — "Canada shall be divided into four Provinces, named 

 Ontario, Quebec, Nova Scotia and New Brunswick." The names 

 Upper Canada, Lower Canada, Nova Scotia and New Brunswick are 

 found in the Rough Draft of Conference, and the first and second 

 Draft of the Act, but in the third Draft appear the names as at 

 present.^ 



The provisions as to Executive Power call for no particular 

 remark — they simply systematize and formulate constitutional 

 practice. 



Section 17 — "There shall be one Parliament for Canada, con- 

 sisting of the Queen, an LTpper House called the Senate and the House 

 of Commons." 



^ The Premier was Hon. James C. Pope, afterwards a Member of Sir John 

 Macdonald's Administration. 



Delegates from both Prince Edward Island and Newfoundland attended and 

 took an active part in the Quebec Conference. The Government of Prince Edward 

 Island declined to accept the proposed terms. The Government of Newfoundland 

 would have accepted them, but could not carry the people. 



^ In the "Rough Draft of Conference" at London, the name is left blank; 

 in the first Draft of the Bill "such name as His Majesty thinks fit": in the third 

 "Kingdom of Canada"; as also in the fourth. In the Revise Draft of 9th February 

 appears "One Dominion under the name of Canada." Pope, "Confederation," 

 pp. 123, 142, 159, 160, 181, 213. 



' Pope "Confederation," pp. 123, 142, 159, 160. "Quebec" was the name of 

 the "Government" constituted by the Royal Proclamation of 1763 including the 

 present Quebec, Ontario and a great deal more: Ontario is of course named from the 

 Great Lake: New Brunswick was separated from Nova Scotia in 1784. 



Sec. I & II, Sig. 14 



