102 THE ROYAL SOCIETY OF CANADA 



of' an Upper House or Senate elected upon a territorial basis 

 of representation, and of a House of Assembly, elected on the 

 basis of population, the Executive "'to be composed of ministers 

 responsible to the legislature. 



That the powers of the Federal Legislature and Government 

 should comprehend the Customs, Excise and all trade questions. 

 Postal Service, Militia, Banking, Currency, Weights and Mea- 

 sures and Bankruptcy, Public Works of a National Character, 

 Harbours and Light-houses, Fisheries and their protection, 

 Criminal justice. Public Lands, Public Debt and Government of 

 unincorporated and Indian Territories. It will form a subject 

 for mature deliberation whether the powers of the Federal 

 Government should be confined to the points named, or should 

 be extended to all matters not specially entrusted to the local 

 legislatures. 



The Confederation might involve the constitution of a 

 federal Court of Appeal. 



The general revenue, having first been charged with the 

 expense of collection and civil government, to be subject to the 

 payment of interest of the public debts of the Confederation to be 

 constituted from the existing obligations of each, — the surplus 

 to be divided each year according to population. The net 

 revenue from the Public Lands in each province to be its exclusive 

 property, except in the case of the territories. 



It may be expedient for a limited time to provide from the 

 general revenue a certain fixed contribution for educational and 

 judicial purposes until provision is made for the same by each 

 member of the Confederation. 



It will , be observed that the basis of Confederation now 

 proposed differs from that of the United States in several import- 

 ant particulars. It does not profess to be derived from the people 

 but would be the constitution provided, by the imperial parlia- 

 ment, thus affording the means of remedying any defect, which 

 is now practically impossible under the American constitution. 

 The local legislature would not be in a position to claim the 

 exercise of the same sovereign powers which have frequently 

 been the cause of difference between the American states and their 

 general government. To this may be added that by the proposed 

 distribution of the revenue each province would have a direct 

 pecuniary interest in the preservation of the authority of the 

 Federal Government. In these respects it is conceived that the 

 proposed Confederation would possess greater inherent strength 



