9015.
No. 591.
(CANADA.)
MY LORD,
LAW OFFICERS to COLONIAL OFFICE.
Temple, August 10, 1869.
We are honoured with your Lordship's commands, signified to us in Sir F. R. Sandford's letter of the 31st July last, stating-
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1st. That he was directed by your Lordship to transmit to us copies of a Despatch from the Governor-General of Canada, No. 77 of the 2nd July, and of an address to Her Majesty from the House of Commons of the Dominion, praying for the admission of Newfoundland into the Dominion under the 146th section of the British North America Act, 1867, upon the terms and conditions set forth in the address.
2. That an address from the Senate of the Dominion to the same effect, and con- taining precisely similar terms and conditions, had been also transmitted from Canada, and it was anticipated that in the course of this autumn a like address would be sent from Newfoundland.
3. That we were aware that by the 146th section of the British North America Act, 1867, it was provided that the Queen in Council might, on addresses from the Parlia- ment of Canada and from Newfoundland, admit the latter Colony into the Dominion, on, such terms and conditions as were in the addresses expressed and as the Queen thought fit to approve, subject to the provisions of that Act; and that the provisions of any Order in Council in that behalf should have effect as if they had been enacted by the Imperial Parliament, and that the question for consideration was whether the terms and conditions in the address are such as might legally be approved of by Her Majesty and embodied in an Order in Council under that section.
4. That in connexion with that question Sir F. R. Sandford was desired to call our attention to the 12th condition in the address, which provides for the representation of Newfoundland in the House of Commons of Canada, and upon which some difficulty had been felt owing to the introduction of the words " subject to the provisions of this Act" both in sections 37 and 146 of the Imperial Act.
5. That it would be observed that by section 37 the number of the House of Commons was, subject to the provisions of that Act, fixed at 181 members, powel being given by section 52 to the Parliament of Canada to increase that number, and that by section 146, as before stated, the Queen was empowered to approve of terms of union subject to the provisions of that Act, and that it might be further remarked that by section 147, in which special provision was made for the representation of Newfoundland in the Senate of Canada, no mention was made of any representation in the House of Commons.
6. That under those circumstances a question arises whether the 37th section, which fixed the number of members at 181, fixed that number subject to the provisions of the later section, which gave Her Majesty power to determine upon what conditions Newfoundland should be admitted into Canada, or whether the power of the Queen under section 146 was limited by the provisions of the earlier section, which fixed the number of members subject to the power vested in the Parliament of Canada to increase it.
7. That Sir F. R. Sandford was pleased to request that we would take theaddress, together with the Imperial Act, under our consideration, and favour your Lordship with our opinion
1st. Whether the terms and conditions contained in the address may be legally approved of by Her Majesty and embodied in an Order in Council uniting Newfound- land with the Dominion of Canada; and--
2. Should we be of opinion that any of these terms and conditions cannot legally be embodied in such Order in Council, what steps should be taken by Imperial or local legislation to effect the union of Newfoundland with Canada upon the terms and con- ditions set forth in the address.
0 16278 - 5J8, 25.-5/86.
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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