resolution of the same month, the dignity, equality, and rights of such States (the insurrection ended) were not to be held, in any respect, impaired. The several proclamations of amnesty, issued by Mr. Lincoln and his successor, under the authority of Congress, are also inconsistent with the idea that the parties included within them are not to be held in the future restored to all rights belonging to them as citizens of their respective States. A power to pardon is a power to restore the offender to the condition in which he was before the date of the offence pardoned. est expediency. Those S ting he It is now settled that a pardon removes not only the punishment, but all legal disabilities consequent on the crime. (7 Bac. A. B., Tit. Par.) Bishop on Criminal Law (vol. i., p. 713) states the same doctrine. The amnesties so declared would be but false pretences if they were, as now held, to leave the parties who have availed themselves of them in almost every particular in the condition they would have been in if they had rejected them. Such a result, it is submitted, would be a foul blot on the good name of the nation. Upon the whole, therefore, in the present state of the country, the excitement which exists, and which may mislead Legislatures already elected, we think that the mature sense of the people is not likely to be ascertained on the subject of the proposed amendment by its submission to existing State Legislatures. If it should be done at all, the submission should either be to Legislatures hereafter to be elected or to conventions of the people chosen for the purpose. Congress may select either mode, but they have selected neither. It may be submitted to Legislatures already in existence whose members were heretofore elected with no view to the consideration of such a measure. And it may consequently be adopted, though a majority of the people of the States disapprove of it. In this respect, if there were no other objections to it, we think it most objectionable. Whether regard be had to the nature or the terms of the Constitution, or to the legislation of Congress during the insurrection, or to the course of the judicial department, or to the conduct of the Executive, the undersigned confidently submit that the Southern States are States in the Union, and entitled to every right and privilege belonging to the other States. If any portion of their th citizens be disloyal, or are not able to take any oath of office that has been or may be constitutionally prescribed, is a question irrespective of the right of the States to be represented. Against the danger, whatever that may be, of the admission of disloyal or disqualified members into the Senate or House, it is in the power of each branch to provide against by refusing such admission. Each by the Constitution is made the judge of the elections, returns, and qual ifications of its own members. No other depar ment can interfere with it. Its decision includes a others. The only correction when error is committ consists in the responsibility of the members to t people. But it is believed by the undersigned to the clear duty of each House to admit any Senate Representative who has been elected according to constitutional laws of the State, and who is abl willing to subscribe to the oath required by c tutional law. It is conceded by the majority that "it wou doubtedly be competent for Congress to w. formalities and to admit those Confederate S once, trusting that time and experience wou things right.' It is not, therefore, owing t of constitutional power that it is not done. because such States are not States with I forms of government. fore, rest on consi alone. The first considered, and. foundation. I pediency? W judgment, t usion m or per ev са under this section shall have the like powers as are o the possessed at the union by the officers charged with the returning of writs for the election of members to serve in the same respective house of assembly or islative assembly. In case a vacancy in the representation in the this behalf, the provisions of ion of this act shall extend and nd returning of a writ in respect ct. Commons, on its first assembling tion shall proceed with all pract one of its members to be speaker. a vacancy happening in the office of ath, resignation, or otherwise, the nons shall with all practicable speed iect another of its members to be eaker shall preside at all meetings of the mons. the Parliament of Canada otherwise n case of the absence for any reason of or from the chair of the house of commons riod of forty-eight consecutive hours, the ay elect another of its members to act as and the member so elected shall, during the ance of such absence of the speaker have and e all the powers, privileges, and duties of r. The presence of at least twenty members of the of Commons shall be necessary to constitute a ng of the house for the exercise of its powers; or that purpose the speaker shall be reckoned member. 2. Questions arising in the house of commons l be decided by a majority of voices other than it of the speaker; and when the voices are equal, speaker shall have a vote. 50. Every house of commons shall continue for ve years from the day of the return of the writs for noosing the house (subject to be sooner dissolved y the governor-general), and no longer. 51. On the completion of the census in the year one thousand eight hundred and seventy-one, and of each subsequent decennial census, the representa. tion of the Provinces shall be readjusted by such authority, in such manner, and from such time, as the Parliament of Canada from time to time provides, subject and according to the following rules: (1.) Quebec shall have the fixed number of sixty- (2.) There shall be assigned to each of the other (4.) On any such readjustment the number of (5). Such readjustment shall not take effect untii after the termination of the then existing Parliament. 52. The number of members of the house of e deputy or deputies shall not affect the exercise by the governor-general himself of any power, authority, or function. 15. The command-in-chief of the land and naval militia, and of all naval and military forces, of and in Canada, is hereby declared to continue and be vested in the Queen. 16. Until the Queen otherwise directs, the seat of government of Canada shall be Ottawa, IV. THE LEGISLATIVE POWER. 17. There shall be one Parliament for Canada, consisting of the Queen, an upper house styled the Senate, and the House of Commons. 18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the Senate and by the House of Commons, and by the members thereof, respectively, shall be such as are from time to time defined by act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof. 19. The Parliament of Canada shall be called together not less than six months after the union. 20. There shall be a session of the Parliament of Canada once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one session and its first sitting in the next session. Brunswick, which three divisions shall [subject to the provisions of this act] be equally represented in the senate, as follows: Ontario by twenty-four senators; Quebec by twenty-four senators; and the Maritime Provinces by twenty-four senators, twelve thereof representing Nova Scotia, and twelve thereof representing New Brunswick. In the case of Quebec, each of the twenty-four senators representing that Province shall be appointed for one of the twenty-four electoral divisions of Lower Canada, specified in schedule A to Chapter I. of the Consolidated Statutes of Canada. 23. The qualifications of a senator shall be as follows: (1.) He shall be of the full age of thirty years: (2.) He shall be either a natural born subject of the Queen, or a subject of the Queen naturalized by an act of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the union: or of the Parliament of Canada after the union. (3.) He shall be legally or equitably seized as of freehold for his own use and benefit, of lands or tenements held in free and common soccage, or seized or possessed for his own use and benefit of lands or tenements held in Francalleu or in roture, within the Province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and incumbrances, due or payable out of or charged on or affecting the same: (4.) His real and personal property shall be together worth four thousand dollars, over and above his debts and liabilities: (5.) He shall be resident in the Province for which he is appointed: (6.) In the case of Quebec, he shall have his real property qualification in the electoral division for which he is appointed, or shall be resident in that division. 24. The governor-general shall, from time to time, in the Queen's name, by instrument under the great seal of Canada, summon qualified persons to the senate; and, subject to the provisions of this act, every person so summoned shall become and be a member of the senate and a senator. 25. Such persons shall be first summoned to the senate as the Queen by warrant under her majesty's royal sign manual thinks fit to approve, and their names shall be inserted in the Queen's proclamation of union. 26. If at any time, on the recommendation of the governor-general, the Queen thinks fit to direct that three or six members be added to the senate, the governor-general may by summons to three or six qualified persons (as the case may be), representing equally the three divisions of Canada, add to the senate accordingly. 27. In case of such addition being at any time made, the governor-general shall not summon any person to the senate, except on a further like direction by the Queen on the like recommendation, until each of the three divisions of Canada is represented by twenty-four senators, and no more. exceed seventy-eight. 28. The number of senators shall not at any time 29. A senator shall, subject to the provisions of this act, hold his place in the senate for life. 30. A senator may, by writing under his hand. addressed to the governor-general, resign his place in the senate, and thereupon the same shall be vacant. 31. The place of a senator shall become vacant in any of the following cases: (1.) If for two consecutive sessions of the Parliament he fails to give his attendance in the senate: (2.) If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, or a foreign power: (3.) If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter: (4.) If he is attainted of treason or convicted of felony, or of any infamous crime: (5.) If he ceases to be qualified in respect of property or of residence; provided, that a senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the seat of the government of Canada, while holding an office under that government requiring his presence there. 32. When a vacancy happens in the senate by res ignation, death, or otherwise, the governor-general shall by summons to a fit and qualified person fill the vacancy. 33. If any question arises respecting the qualification of a senator or a vacancy in the senate the same shall be heard and determined by the senate. 34. The governor-general may from time to time, by instrument under the great seal of Canada, appoint a senator to be speaker of the senate, and may remove him and appoint another in his stead. 35. Until the Parliament of Canada otherwise provides, the presence of at least fifteen senators, including the speaker, shall be necessary to constitute a meeting of the senate for the exercise of its powers. 36. Questions arising in the senate shall be decided by a majority of voices, and the speaker shall in al cases have a vote, and when the voices are equal the decision shall be deemed to be in the negative. 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the purposes of the election of members to serve in the house of commons, be divided into electoral districts as follows: 1. Ontario.-Ontario shall be divided into the counties, ridings of counties, cities, parts of cities, and towns enumerated in the first schedule to this act, each whereof shall be an electoral district, each such district as numbered in that schedule being entitled to return one member. 2. Quebec.-Quebec shall be divided into sixty-five electoral districts, composed of the sixty-five electoral divisions into which Lower Canada is at the passing of this act divided under chapter 2 of the Consolidated Statutes of Canada, chapter 75 of the Consolidated Statutes for Lower Canada, and the act of the Province of Canada of the 23d year of the Queen, chapter 1, or any other act amending the same in force at the union, so that each such electoral division shall be for the purposes of this act an electoral district entitled to return one member. 3. Nova Scotia.-Each of the eighteen counties of Nova Scotia shall be an electoral district. The county of Halifax shall be entitled to return two members, and each of the other counties one member. 4. New Brunswick.-Each of the fourteen counties into which New Brunswick is divided, including the city and county of St. John, shall be an electoral district. The city of St. John shall also be a separate electoral district. Each of those fifteen electoral districts shall be entitled to return one member. 41. Until the Parliament of Canada otherwise provides, all laws in force in the several Provinces at the union relative to the following matters or any of them, namely the qualifications and disqualifications of persons to be elected or to sit or vote as members of the house of assembly or legislative assembly in the several Provinces, the voters at elections of such members, the oaths to be taken by voters, the returning officers, their powers and duties, the proceedings at elections, the periods during elections may be continued, the trial of controverted elections, and proceedings incident thereto, the vacating of seats of members, and the execution of new writs in case of seats vacated otherwise than by dissolution--shall respectively apply to elections of members to serve in the House of Commons for the same several Provinces. Provided that, until the Parliament of Canada otherwise provides, at any election for a member of the House of Commons for the District of Algoma, in addition to persons qualified by the law of the Province of Canada to vote, every male British subject, aged twenty-one years or upward, being a householder, shall have a vote. 42. For the first election of members to serve in the house of commons the governor-general shall cause writs to be issued by such person, in such form, and addressed to such returning officers as he thinks fit. The person issuing writs under this section shall have the like powers as are possessed at the union by the officers charged with the issuing of writs for the election of members to serve in the respective house of assembly or legislative assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the returning officer to whom writs are directed under this section shall have the like powers as are possessed at the union by the officers charged with the returning of writs for the election of members to serve in the same respective house of assembly or legislative assembly. 43. In case a vacancy in the representation in the House of Commons of any electoral district happens before the meeting of the Parliament, or after the meeting of the Parliament before provision is made by the Parliament in this behalf, the provisions of the last foregoing section of this act shall extend and apply to the issuing and returning of a writ in respect of such vacant district. 44. The House of Commons, on its first assembling after a general election shall proceed with all practical speed to elect one of its members to be speaker. 45. In case of a vacancy happening in the office of speaker by death, resignation, or otherwise, the House of Commons shall with all practicable speed proceed to elect another of its members to be speaker. 46. The speaker shall preside at all meetings of the house of commons. 47. Until the Parliament of Canada otherwise provides, in case of the absence for any reason of the speaker from the chair of the house of commons for a period of forty-eight consecutive hours, the house may elect another of its members to act as speaker and the member so elected shall, during the continuance of such absence of the speaker have and execute all the powers, privileges, and duties of speaker. 48. The presence of at least twenty members of the House of Commons shall be necessary to constitute a meeting of the house for the exercise of its powers; and for that purpose the speaker shall be reckoned as a member. 49. Questions arising in the house of commons shall be decided by a majority of voices other than that of the speaker; and when the voices are equal, the speaker shall have a vote. 50. Every house of commons shall continue for five years from the day of the return of the writs for choosing the house (subject to be sooner dissolved by the governor-general), and no longer. 51. On the completion of the census in the year one thousand eight hundred and seventy-one, and of each subsequent decennial census, the representa. tion of the Provinces shall be readjusted by such authority, in such manner, and from such time, as the Parliament of Canada from time to time provides, subject and according to the following rules: (1.) Quebec shall have the fixed number of sixtyfive members: (2.) There shall be assigned to each of the other Provinces such a number of members as shall bear the same proportion to the number of its population (ascertained at such census) as the number of sixty-five bears to the number of the population of Quebec (so ascertained). (3.) In the computation of the number of members for a Province a fractional part not exceeding one-half of the whole number requisite for entitling the Province to a member shall be disregarded; but a fractional part exceeding onehalf of that number shall be equivalent to the whole number. (4.) On any such readjustment the number of members for a Province shall not be reduced unless the proportion which the number of the population of the Province bore to the number of the aggregate population of Canada at the then last preceding readjustment of the number of members for the Province is ascertained at the then latest census to be diminished by one twentieth part or upward : (5). Such readjustment shall not take effect untii after the termination of the then existing Parliament. 52. The number of members of the house of com mons may be from time to time increased by the Parliament of Canada, provided the proportionate representation of the Provinces prescribed by this act is not thereby disturbed. MONEY VOTES-ROYAL ASSENT. 53. Bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the house of commons. 54. It shall not be lawful for the house of commons to adopt 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 that has not first been recommended to that house by message of the governor-general in the session in which such vote, resolution, address, or bill is proposed. 55. Where a bill passed by the houses of Parlia ment, is presented to the governor-general for the Queen's assent, he shall declare according to his discretion, but subject to the provisions of this act and her majesty's instructions, either that he assents thereto in the Queen's name, or that he withholds the Queen's assent, or that he reserves the bill for the signification of the Queen's pleasure. 56. Where the governor-general assents to a bill in the Queen's name, he shall by the first convenient opportunity send an authentic copy of the act to one of her majesty's principal secretaries of state, and if the Queen in council within two years after receipt thereof by the secretary of state thinks fit to disallow the act, such disallowance (with a certificate of the secretary of state, of the day on which the act was received by him), being signified by the governorgeneral, by speech or message to each of the houses of the Parliament, or by proclamation, shall annul the act from and after the day of such signification. 57. A bill reserved for the signification of the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the governor-general for the Queen's assent, the governor-general signifies, by speech or message to each of the houses of Parliament, or by proclamation, that it has received the assent of the Queen in council. An entry of every such speech, message, or proclamation shall be made in the journal of each house, and a duplicate thereof duly attested shall be deliv ered to the proper officer, to be kept among the records of Canada. V. PROVINCIAL CONSTITUTIONS. 58. For each Province there shall be an officer, styled the Lieutenant-Governor, appointed by the governor-general in council, by instrument under the great seal of Canada. 59. A lieutenant-governor shall hold office during the pleasure of the governor-general; but any lieutenant-governor appointed after the commencement of the first session of the Parliament of Canada, shall not be removable within five years from his appointment, except for cause assigned, which shall be communicated to him in writing, within one month after the order for his removal is made, and shall be communicated by message to the senate and to the house of commons within one week thereafter if Parliament is then sitting, and if not then within one week after the commencement of the next session of the Parliament. 60. The salaries of the lieutenant-governors shall be fixed and provided by the Parliament of Canada. 61. Every lieutenant-governor shall, before assuming the duties of his office, make and subscribe before the governor-general or some person authorized by him oaths of allegiance and office similar to those taken by the governor-general. 62. The provisions of this act referring to the licutenant-governor, extend and apply to the lieutenantgovernor for the time being of each Province or other the chief executive officer or administrator for the time being carrying on the government of the Province, by whatever title he is designated. 63. The executive councils of Ontario and Quebec shall be composed of such persons as the lieutenantgovernor from time to time thinks fit, and in the first instance of the following officers: namely, the attorney-general, the secretary and register of the Prov ince, the treasurer of the province, the commissioner of crown lands, and the commissioner of agriculture and public works, within Quebec, the speaker of the legislative council, and the solicitor-general. 64. The constitution of the executive authority in each of the Provinces of Nova Scotia and New Bruns wick shall, subject to the provisions of this act, continue as it exists at the union until altered under the authority of this act. 65. All powers, authorities, and functions, which under any act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the union vested in or exercisable by the respective governors or lieutenant-governors of those Provinces, with the advice, or with the advice and consent of the respective executive councils thereof, or in conjunction with those councils, or with any number of the members thereof, or by those gov ernors or lieutenant-governors individually, shall, as far as the same are capable of being exercised after the union in relation to the government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the lieutenant-governor of Ontario and Quebec respectively, with the advice, or with the advice and consent of or in conjunction with the respective executive council, or any members thereof, or by the lieutenant-governor of individually, as the case requires, subject nevertheless (except with respect to such as exists under acts of the Par liament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the respective legislatures of Ontario and Quebec. 66. The provisions of this act referring to the lieutenant-governor in council shall be construed as referring to the lieutenant-governor of the Province acting by and with the advice of the executive council thereof. 67. The governor-general in council may from time to time appoint an administrator to execute the office and functions of lieutenant-governor during his absence, illness, or other inability. 68. Unless and until the executive government of any Province otherwise directs with respect to that Province, the seats of government of the Provinces shall be as follows: namely, of Ontario, the city of Toronto; of Quebec, the city of Quebec; of Nova Scotia, the city of Halifax; and of New Brunswick, the city of Fredericton. LEGISLATIVE POWERS. 69. 1. Ontario.-There shall be a legislature for Ontario, consisting of the lieutenant-governor and of one house, styled the Legislative Assembly of Ontario. 70. The legislative assembly of Ontario shall be composed of eighty-two members, to be elected to represent the eighty-two electoral districts in Ontario, set forth in the first schedule of this act. 71. 2. Quebec.-There shall be a legislature for Quebec consisting of the lieutenant-governor and of two houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec. 72. The legislative council of Quebec shall be composed of twenty-four members, to be appointed by the lieutenant-governor under the Queen's name, by instrument under the great seal of Quebec, one being appointed to represent each of the twenty-four electoral divisions of Lower Canada in this act referred to, and each holding office for the term of his life, |