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 \ 
 
 CANADA 
 
 NATIONAL LIBRARY 
 BIBLIOTHEQUE NATIONALE 
 
\ 
 
 THE EVObUTION OF SELF-GOVERNMENT IN THE 
 
 CObONIES : 
 
 THEIR RIGHTS AND RB8P0N8IBILITIKS IN THE EMPIRE. 
 
 HON. DAVID MILLS, LL.B., Q.C., M.P.. P.C. 
 
 It is my purpone here to (Uhcuhh mat- 
 ters of ^*eat importance to \\h as a 
 colonial population. States have their 
 periods of infancy and maturity, no 
 less certainly than the individuals who 
 compose them, and as society, in a de- 
 pendency, becomes more wealthy and 
 grows more complex, the |M)wei'H of 
 its govenniient must necessarily grow 
 in a corres[K)nding pi-oportion, so aa 
 to keep in harmony with '■he wants 
 and conditions of the i)opulation. 
 
 I feel specially interested in discuss- 
 ing this subject, because there is occa- 
 sionally exhibited a spirit of unrest in 
 reference to the future of Canada, and 
 it is assumed, lus a matter of coui-se, 
 that our political gi*owth has already 
 reached its utmost limits imless we 
 either at once attain the rank of an 
 independent state, or become incoi- 
 
 f)orated with tiie neighl)orinj( Repub- 
 ic. It is true that some parties have 
 been looking forwar<l to the Federa^ 
 tion of the Empire »i« a solution which 
 avoids the necessity of indepe'idence 
 or annexation ; but I think that the 
 more that this pi'opositiou is consider- 
 ed, the more it will be seen that such a 
 solution is one not caj)able of realiza- 
 tion. 
 
 I shall in this article undertake to 
 show that we are not tied up to any 
 of these as the sole solution of which 
 our future is capable. It seems to me 
 that, \vhen we examine the history of 
 the English colonies, we shall Hnd 
 that there has Ikien a gradual gi-owth 
 of theii" political axithority : that, from 
 time to time, the parent state has 
 yielded a larger measure of self- 
 government to meet the political neces- 
 sities of the colony ; that colonia 
 
 authority has l)een extended, until it 
 has i-eached the extreme boixler of 
 <loine8tic jurisdiction; and that with 
 the growth of the colonies, and the 
 extension of their commercial relations 
 with other States, tliese relations must 
 ultimately be dealt with by the colonies 
 themselves. I know at rti-st blush, 
 the statement of this opinion may lead 
 many to suppose that separation and 
 indejjendence must be the logical out- 
 come of our growth. I don't think so. 
 I think it will be found that we may 
 assume the e.xercise, hereafter, of ex- 
 ternal Sovereignty, as respects our 
 own wants and necessities, without 
 political separation fi-om the Parent 
 State ; and it seems to me that we 
 have, for the present, but to proceed 
 empirically, and to deal with each 
 question affecting our external rela- 
 tions as it ai-ises, in order to work out 
 for ourselves, and foi* the United 
 Kingdom, a satisfactory sohition of 
 our futuiv relaticm to it. 
 
 It is my duty to try and make 
 what 1 may wiute, on this subject, of 
 some use to the vouny; men of Canada. 
 I know well that I am expected to 
 express sentiments in conformity with 
 the history, the traditions, the prin- 
 ciples and the aims of the Liberal 
 party, and this 1 purpose doinj^. 
 
 The primary duty of the Liberal 
 party is to correct sucli abuses as ex- 
 perience |>oints out, to adjust our in- 
 stitutions to our present condition, 
 and to see that the legislation and 
 government (if the country move for- 
 ward St) tus to keep in step with the 
 progress of the population. I dare say 
 that some may dissent innn the doc- 
 trines here advocated, but jHsrfect 
 
T\/ /OiT- 
 534 
 
 THE CANADIAN MAGAZINE. 
 
 lujri'oiiH'nt in (tpinion is ik'Xmt tlu- 
 chartictt'i'iHtic of tlioHc who thiiiii. \V»' 
 are ofUai ohli){e«l to ifiiNoii fi'oiii iiii- 
 
 fiorfect elattt, aiul to <liii\v conclusioiiH 
 1*0111 factH wliic'li may not )h; all that 
 we Hhould have Ix-Fore uh in order to 
 
 feeling that there \n niueli nioiv than 
 partv triumnh or jjarty defeat involved 
 ni them. The whole {H'ople will be 
 the lH'tt<'r or the worw hy what w»' 
 <lo : th»'y will Im- raiscMl to a hi;;her 
 moral elevation, or sunk to a htwer 
 
 avoid mistakes. Nor must we forget moral level than that which they novr 
 
 that there arises, in the e«)nsiderati<)n <Mrui)y, for it nnist Im- ivmemU'red 
 
 of every jjreat (|iiestion, a pericxl of that where there is |M»wer to decide, 
 
 initiation, a peri(Ml when a formative there is also tlie duty ti» decide rijjhtly. 
 
 pn)cesH is ffo\\\\r forwar«l,iin<l the opin- and this is ('.specially so in cjihcs where 
 
 ions fii-st promuljriited. may Ik- revised the way is plain, or when- it is one in 
 
 by the aid of more extended informa- respect to which the ri^ht coui-sc may 
 
 tion, and correcU'd hy the discus,si<)n Im> ejusily a.scertained. It is scarcely 
 
 and consideration which may Im' suKse- less wron;; to refusi* to caivfully in- 
 
 (juently ^iven to the subject. vesti^aU', than to imfairly decide, 1k-- 
 
 Nothinjj is more ol)scure than the cause, to us, the conse4|Uences will Ik* 
 
 future of SUiti's. Providence has not the same, whether we take a wi-ony; 
 
 lifted the mists which lie upon the coui-se from inditi'erence, «ir tjike it <le- 
 
 path which stretches out In'fore jM)liti- liln-rately, knowinj; it to Ih' the on** 
 
 cal conununities, and uimhi which they which a strict rej^ard for rij;lit would 
 
 are destined to travel. It is im])o.s- comp«>l us to abstain Innw ch(M>sin^. 
 sible to predict, with any pretence to It is my puriM)se, in this article, t«» 
 
 cerbiinty, the coui"se that may, at a axoid party i.ssues. and to consider 
 
 distant peri(Hl in the futun*, Ik* taken, what is to Ik* our future relation to 
 
 The obstiK'les which lie in the j)ath- the Tnitetl Kingdom. The p»ist his- 
 
 way befon* us are iniseen, an<l the tory of a .sbite is always Uiken up, and 
 
 effect of their exist^-nce may Im" to incoi"]M»rated, with its pres«'nt life, and 
 
 turn us in a direction quit*- different the future must Im' larjjely determined 
 
 from that which, ItMtkin^ at the pre- by the fcnxu's which are evolved from 
 
 sent condition of tbinj^s, we nnj^bt its }j;rowth and history, 
 rejisonably .suppose we were likely, in One of the most interestinjj events 
 
 the future, to t»ike. We cannot even in human hi.stoiy is the jrrowth 
 
 say in what direction, therefore, we .of the Knjflish Colonial Kmpire. It 
 
 are certjiin to move. This much, how- diffei-s, in some im{M>rttint respects. 
 
 ever, is certain, that the most formid- 
 able <lifticulties which we shall W- 
 called upon to encount«'r will Ik' those 
 for the existence of which we .shall bi- 
 ourselves .solely re.spon.sible. We have, 
 in the past, had many im])ortjnit (pies- 
 tions put in issue, which the public 
 have not, in every instance, solved. 
 
 fj'om that of every other country, 
 ancient or mcMlern. ()fmo<lern civil- 
 ized nations, Spain ami the Tniti'd 
 K'lijjdom are the only j;reat coloni/.inj; 
 Stjiti's. 
 
 It is no i)«rt of mv dutv. and it 
 
 I » • 
 
 would 1m' wholly iM-sidr my aim. to 
 di.scu.ss the eharacter of the coloiiizji- 
 
 Many which are very im])ortjint await tion of Plxenicia. (Jreece an<l Rome, 
 
 solutiim : because tlwy do not alone I purpo.se con.siderin;; hei-*' the futuri- 
 
 involve matters of judy;ment, but also oi' the colonies of Kn^rland al<»ne. 
 
 subjects of public morals, and they Holland In-jjan the work of c«»loniza- 
 
 cannot be dealt with by us without tion not lon^ after Spain an<l ICn^- 
 
 leavinj; the whole connuunity the land. She planti-d a colony u}>on the 
 
 l)etter or the woi-si- on account of the Hudson, in South America, in South 
 
 action tak»>n. It is for this I'ea.son Africa, and in the VjxHi Indies. Her 
 
 that, I confess, 1 approach some of chief colonies were New Amst4*rdam 
 
 them with anxiety, and J cannot help and (}o«m1 Hope, and they iK'came, by 
 
 
SELF-GOVliKNMENJ IN THE COLONIES. 
 
 535 
 
 iioi-c ihnii 
 
 iinvoIvtHl 
 
 I' will be 
 
 wimt w«« 
 
 I a l«»\v«T 
 tlwy lum- 
 
 IH'lllU'ltNl 
 
 \a\ <Ufi«K'. 
 !»• riKl'tly. 
 
 WH wlu'IV 
 
 . iH <)m> ill 
 
 lUI-St* IIHIV 
 
 I wurcel, 
 •fully in- 
 ki'i«l«', Ik'- 
 H will Ih* 
 u wi-<Hiy; 
 Ilk*' it tlf- 
 
 ' tlu' OIH' 
 
 ;lit would 
 
 UNMill^. 
 
 iii'tit'lf, t«» 
 c«)iiHi«li'r 
 
 L'lutioii t(> 
 piiHt liis- 
 
 '11 up, Hiul 
 
 t lift', iiiul 
 U'l'iiiiiu'tl 
 v«'<l from 
 
 nj; fvciits 
 
 growth 
 
 I pi re. It 
 
 reHjK'ctK, 
 
 fountry , 
 
 t-rn civil- 
 
 f rnit<'<l 
 
 oloiii/.in^ 
 
 y. aiMl it 
 ■ aim, to 
 roloiii/ti- 
 i<l Hdiih'. 
 h»' fiiturt' 
 
 OIH'. 
 
 coloniza- 
 iiikI Kii^- 
 
 U}MJII till' 
 
 ill South 
 it'.s. Her 
 iisti'i'tlaiii 
 ■oain«', by 
 
 tbo foituiU'N of war, Kii^HnIi iK)sm',s- 
 HioiiH. Kmnci' Ik'jjiui tlu' work of 
 i'oloiii/.iii^ ill N»'W Kiiiuc*'. H«'r imw- 
 M'MNioiiH, t<M). Iiavi Iktii truuHforivu t«i 
 the Kii^liNli : NO that Kii);laii<l not only 
 ri'taiiK'il till' coloiiii'H which hIii; Im'^im 
 to csUuiliNh, until iii'ar the clom' of thi' 
 lawt (•••iitury, hut hIii* ohtiiiiml poKsi'H- 
 siini of all th«' ini|M)rtaiit coloiiii'N eH- 
 tahliHhi'il by other KurojH'an States, 
 except ill the earn' of Spain and Portu- 
 gal. Spain Ih the only other iiKMlern 
 country which can. with any pi-o- 
 priety, Ik* rejjardi'd aw a fjirat coloni/- 
 iiijj coiritry. 
 
 The SpaniardH. to-day, occupy a ti'r- 
 ritory nearly as j^reataw that occupied 
 by the An^lo-Saxon raci'. But the 
 Spanish colonies have not kept pace 
 with the colonies of Kn^laiui. Tin- 
 I'niti'd States contiiins, now, a larjjer 
 |M)pulation than is found in all the in- 
 dependent states which Spain has 
 founded, and tl is is due mainly to the 
 fturt that all Northern and Central 
 Kurope have poured their iiii^ratiii}; 
 |H>pulation int'; that country, where 
 they aif ln'injj triUisuiuti'd into Knj;- 
 lishmen, — olH'yiii;^ Kn^lish law. livinj; 
 Kn^li.sh custom, speaking the Kn^lish 
 lanjruap'. and learning Kii^lish liti*ra- 
 tuie, in place of the laws, customs and 
 literature of the country of their birth, 
 all of which they have left U'liind 
 them. 
 
 It would Ih' inti'restinj; to tiiice the 
 {growth of colonies, to consider how 
 it came alxMit, that Spain, rather than 
 France, iH'came the foumler of so many 
 colonies, spread over so va.st an extent 
 of territory. The ])<»litii'al importance 
 of Spain in our day diH's not impress 
 us. She has Ik-cii superseded by other 
 States who have come to the fioiit 
 an<l who occupy a much larj^er space 
 in the minds of men than she now 
 tills: but in the Kith and 17th cen- 
 turies, Spain held a pljK'e even more 
 marked in the eyes of the worlil than 
 that which Kn^land occupies to-day. 
 She was a ;jreat naval, as well as a 
 jjreat militJiry jiower. Her people 
 were a commercial peoplt, and it was 
 
 the growth «)f her commeix'e, and es- 
 |M'cially the wealth of twoof tli''coun- 
 tries, — Mexico and Peru, — which she 
 discovered and con<|ueii'd, that pive 
 t(» her iH'ople their coloni/.in^ iin{>uls«', 
 and di<t so much t«> secure to her the 
 |M>sNessioii of Home of the tiiiest terri- 
 tory on the j;IoIh'. Simiii, in her coiii- 
 iiiercial and pH)^raphical phases, occu- 
 pied the foivniost place, and when we 
 i(M>k at the early ma|is, marking the 
 liaVH, the rivei-s, and the inlets of this 
 continent, iMith on the Atlantic and 
 Pacific c<MiHt, we find that tliev aii; th«' 
 work of Spanish navi^atoi's, explorei*H 
 and ^eo^mphei-s. 
 
 The Spanish colonies were wanting 
 i that vitality which free institutions 
 impart to a people. Sjiaiii had de- 
 sti"oyed her five in.<>titutioiis in Ara- 
 ^(>n and Castile, and had U'come a 
 ^n.it consolidati'd |M)wer iR'fore her 
 colonies in America were fairly estab- 
 lished. Her colonies were held to Ik' 
 under the sole juri,s«lictioii of the Sov- 
 ereijfii, who was |M>ssessed of the entire 
 control of every department of jjovern- 
 ment, and was the sole in'oprietor of 
 the vast territories « )ver wliicli hi' claim- 
 ed juristliction. The people were en- 
 titled to no privilege independent of 
 the S;)Vi'rei;;n, except the municipal 
 j^overnment of the cities, which was 
 eiitrusti'd to them. The Spanish Sov- 
 ereipi divided his American posses- 
 sions into two immen.se j^overnments, 
 those of New Spain and Peni. Over 
 each a Viceroy was :ipj»ointed, who 
 pos.ses.sed the rej^al prero^^atives of the 
 Sovereipi within the ])r«'cincts of his 
 ;;overnment. Hedaimetl supreiiu' au- 
 thority, administrative, judicial, and 
 military. VVlien the colonies U'canie 
 populous, the Viceroy was .so distant, 
 and so inaccessible, as to exclude a 
 hfjre portion of the population from 
 intercoui"se with the seats of ;;oveni- 
 ment. In the hust century, a third 
 Viceroyalty was established in(iraiia- 
 da, U'tweeii the two which Ix'fore ex- 
 isted. 
 
 The administration of justice waH 
 vested in Courts which wei-e Himilai* 
 
536 
 
 THE CANADIAN MAGAZINE 
 
 to tilt* (*ourt of ( Muiiiccry in Spain. 
 The Viwi-oy wiw pmhihitiMl from in- 
 terfering with the judicial pr<H'»'«MiinjyH 
 of tli<> C'OurtN of Audience. H«> wiin 
 proliilnted from delivering an opinion 
 upon any matter liefon* the ('ourt. 
 'riiiH wan int<«nded an a lejyal restric- 
 tion ujMin the arbitraiy i>ow'er of the 
 Vicen)y ; but a restraint u[H)noii«> who 
 controlled the military, and the onlin- 
 ary adniiniHtration of civil jrovern- 
 ment. wan neceHsarily weak, and did 
 not always serve the pui*p08e, and 
 ai>{H'alH weiv fre(|uently had to the 
 Kin^, and to tlu (^)uneil of the Indian. 
 When a ciiMe involved a lar^e .sum, 
 there WJis an appeal fnmi the ('ourtof 
 Audience to the Council of the Indias. 
 The juris<liction of this iloyal Council 
 extended to all flepartments of {govern- 
 ment, — civil, military, connnercial and 
 ecclesiastical. With it originated all 
 laws anil ordinances, which could only 
 l>e I'uacted by an approval of two- 
 thirds of the Council, and it eoiiiinued 
 to po.ssess {jreat authority down to the 
 period when the colonies iM'came inde- 
 pendent of the parent StJite. lnd«>ed 
 every State that had an cxtcnsivr 
 connnerce souf^ht to e.stablish colonics. 
 
 The (Sreeks and IMuenieians were 
 both coloniziu};, as well as connner- 
 cial, peoples, and Home, though not so 
 much so, cxtendi'd her empire, from 
 militaiy considerations, as Russia is 
 <loin;i; to-day. incorporated lu-r con- 
 quests with her dominions, sent her 
 soldiers in advance of her citi/ens, 
 and made herself the centi'e of an 
 or}j;anized sy.stem. which embraced 
 evei'V country ami ]>eopl(' that had 
 been subjrjtjated by her armies. 
 
 Kn;;land has for two centuries takt-n 
 the h'ad in the work of eolonizinj;. 
 and plaeinj; her own people in the p().s- 
 8»'ssion of (>very derelict country, and 
 of every coast held by tribes of men 
 wl;o wei'e without tlw .send)lance of 
 orj^anized {jovennnents. She has done 
 this in the int«'n^st of commerce, ami 
 to open new markets into which the 
 pi'oduct of her industries may be car- 
 ried. Had Christendom reco{fnize<l 
 
 the wifMloni of the freedom of coni- 
 inei-ct', there w«aild have Ix'en less in- 
 terest taken in the work of colonixin);. 
 The commercial fret'dom of England 
 has diminished the inclination and 
 weakened the |M»wer of other Stiitea 
 to establish colonies. The trade of 
 the world, under a |M)licy of connner- 
 cial freedom, would have been oik'U to 
 tlu' people of every Soverei^fn State. 
 They would have all sUxxl u|H)n a 
 f«M)tin}; of etpmlity : but under the 
 policy (»f the old navijration laws, one 
 State was not allowed to tmde with 
 the colonists of another State. The 
 PnhIs of the Knjriish colonies, down to 
 the close of the American K(>volution, 
 c(udd only l)e distribuU'd abroad by 
 iM'inj; fii"st sent to England. The 
 colonies could tradt! with the ]>ar< nt 
 State alone, and, after the prtMlucts of 
 their skill ami in<lu.stry reached the 
 parent State, from that jMunt they 
 mi{(ht Ik- carried elsewhere. The laws 
 of Spain were then even more strin- 
 {jetit than those of En^rland, and the 
 unlawful trader was dealt with no less 
 •severely than the felon. It wjis, then, 
 of innnenseconse(|uence that thec«ani- 
 tries occupied by unciviliz(><l races 
 slunild Iw acquired, in order that a 
 monopoly of tra<le mifjht be .secured, 
 and the State that enjoyed a sujireiti- 
 aey at .sea was enabled, on account «)f 
 it, to cari-y on the work of colonizing; 
 with the j^jreate.st dejrree of security, 
 and with the jjreate.st chance of suc- 
 cess. 
 
 The Cnited StaU's have become an 
 independent people; but they have 
 .still, within their .soverei^^n dominions, 
 an innnense rej^ion unoccupied, open 
 for settlement, with all the favorable 
 conditions that eilucation and a pos- 
 .ses,sion of the luxuries and the retine- 
 ments (»♦" civilization can attbnl. And 
 so we Hnd that hundre«ls of thousands 
 of men, from every over-populated 
 State of Europe, land in lu'r ports, 
 with the intention of iH'Comin^; Ameri- 
 can citizens. They, in time, forget 
 their own lanj^uage, in order to learn 
 the English tongue. They form the 
 
SEIJ--G0\'ERXMI':NT IN THE COLONIES. 
 
 537 
 
 of COIll- 
 
 II h'NH iii- 
 
 )l()iii%in^, 
 
 Eti^lan<l 
 
 tioii anil 
 
 IT Stati'H 
 
 ti-juh' of 
 
 comiiier- 
 
 II opoti to 
 
 \^\\ Statt'. 
 
 u|M>ii a 
 
 iidtT tln> 
 
 aWH, OIK! 
 
 a»lf with 
 itc. Tilt' 
 , down to 
 'Volution, 
 ImMul hv 
 ul. ThV 
 H' paniit 
 
 (MlllCtM of 
 
 whed tlu' 
 i>int they 
 The lawH 
 m- strin- 
 1. HI id the 
 
 th no lf!HH 
 \Vrt8, tlu'll, 
 tlu'COIIII- 
 
 ;ed rac»'K 
 14' that a 
 ■ Hct'uri'd, 
 
 NUJH'Clll- 
 PCOUIlt of 
 
 ;ol(>iiiziii^ 
 ' Hfcurity, 
 e of Hiic- 
 
 lec'oiiH.' an 
 loy havi' 
 oiiiinions, 
 i«'d, opt'ii 
 fHvoral)h' 
 lid a pos- 
 Ih* retiiH'- 
 rd. And 
 housaixls 
 )opulat(>d 
 ler poi't8, 
 j^ Anicri- 
 (', foi'get 
 • to learn 
 form the 
 
 intelh'ctiial haliitH of Kn^liNhiiieii. 
 They come itiUt |H>NNeHNi<in of laiidN 
 which Kn^liHhnit'ii have t«>uched, over 
 which Kn^liNh law extendN. where 
 Kn^liHli thou);ht and feeliii}; prevail : 
 and they are traiiNmuted into men of 
 the Kii^HhIi race, an the niiown which 
 fall u|M)n the Atlantic are merged into 
 itH waU'i-N. All emi^ratin^r Kuntpean 
 |M'opleHare becoming Kn^liHh coloniHts: 
 not throujfh mi};ht, nor jxiwer of a 
 phyHical character, Init by the premence 
 of thiM Kn;;liHh thought and Hpirit. 
 which |H'rvadeH nearly every part of 
 the newer world into which they are 
 inclined to jjo when they depart fnuii 
 their own country. It is true that of 
 riJceiityeai-H many (iermaiihand many 
 Italians have ^rone to Hraxil and the 
 Arjjeiitine Ilepuhlic, to iM'come, in time, 
 I'ortupie.se and Spaniai*dN: hut, coni- 
 ]>ared with the immenNe numlM'r that 
 daily find their way into En^Iish- 
 Npeakin/r comniunitieN, to Ite ai>Horl)ed 
 into them, they form but aHinall fraj;- 
 iiieiit, — a fra^finent no Hinall, that, in 
 the coiiNideration of the mibject, tliey 
 may 1m' entirely overl<N)ked If one 
 l<M>kH at the tjrowth of Kra/.il, and (»f 
 tli«' Spanish American Republics, he 
 will see, that thouj^h they are very 
 cimsiderable, they are Hinall, imh'ed, 
 compared with that of the Knjjlish 
 H|K'akiiijf Stati's, which are Hj)readinj; 
 over th«' world. They have letaiiu'd 
 all their |Mipulatioii by birth ; they 
 have had a i<mall acce.s.sion to their 
 iiiiinlH'rN: but their profjress, in lunii- 
 Ih! -H, has iH'en slow as compared with 
 the AuNtraliiMian cohniies, the ('a|)e. 
 and the ;jreat Republic to the south 
 of us. 
 
 'Phi' p-owth of the Kn^lish race is a 
 j^reat fact, and so it Im-coiiics a subject 
 of ^reat interest; nnd it is well worth 
 our while to pay some little attention 
 to the evolution of the English Colo- 
 nial System, to trace its primitive 
 |M)litical concention, and its {K)litical 
 jfi-owth, in oitler that we may learn 
 from it, as far a« may be jjoHsible, its 
 future destiny. 
 
 The jKiwei-s of the Ij<K'al (lovernment 
 
 lM>th as t^* colonies by occupation and 
 as to colonies by coiH|Uest, ha<l their 
 earliest expression in Ireland, and yet 
 they had not their ori^nn in that 
 country. The Kn^lish settlementu 
 within the Irish pale were regarded 
 as those of coloniHtM by occupation. 
 The natives of livland who dwelt l)e- 
 yond the |)ale were dealt with oh col- 
 onists l>y con<|uest. rnfortunaU'ly 
 f(»r the |)eace and welfare of l)oth 
 c«»untries, this characteristic, which 
 has disap|H'ared in every dejH'iidency 
 abi'oad ac(|uired by the foive of arms, 
 still coi'Miiues in the ciise of Ireland. 
 There are features of the jpivernment 
 which show that the notion that Ire- 
 land is a country acquired by con(|ueHt 
 has not even yet U'eii wholly (»blit«'r- 
 iite<l. I am not, however, ^oin^ to 
 discuHs Irish constitutional history. I 
 wish to say that the primitive colonial 
 conception of local seli^ivernmeiit will 
 Ik' found in the early Anj^lo-Saxon con- 
 stitution. The I/)cal ( >(>verninents of 
 Kn^land were, for a Ion;; time, in the 
 conduct of their local atlaii's.soven^i^n. 
 The authority of the Eiirl in his county, 
 and of the Ijord Marcher on thelNUilerH 
 of Wales, were not inferior t«) that ()f 
 the Sovereijjn of Kn^land in the whole 
 kingdom : and the Palatine (/ounties 
 of Chesti'r and Durham, which were 
 survivals »»f tlu- .system, furnished a 
 form of government for many »)f the 
 early colonics. In some of thesea|M»rt 
 towns the Bur;;e.ss proprietors were, 
 tlu'iii.selves, posses.sed of the fraiicliistis 
 of an earl, and the free tenants held (»f 
 them, and paid the same scutap', and 
 rendered to them the same fealty 
 which the tenants of a nobleman ])aid 
 him in his court. There were, t(M), 
 great estates which iM'lonjred to the 
 Sovereign, and his tenants in eapite 
 appeared in Parliament and constitut- 
 ed, in the first instance, the House of 
 Commons: .so that these thr«'e distinct 
 forms of local self-governing commun- 
 ities in Kngland funiished three types 
 of government, when colonies came to 
 Ih' established. Thi're were the Char- 
 ter (lovernments, mouhled after the 
 
538 
 
 THE CANADIAN MAGAZINE. 
 
 U'lH' of tlir iHiroii^li (;()r|)oi'Htioiis : the 
 rnHtrintiiry (lovrniiiM'iitH. moulilt'il 
 after the ('(tiiiitij'H I'alatiiit' : iiml tin- 
 K<»val hlNtiililiHliiiioiitN. fnriiH'il aft«>i- 
 tilt* ty|M> of tlic Kiii(;'N Parliainciit. 
 wlu'iv tlif laws wen' riiactnl l»y the 
 crown, upon tiu' advico of frffnu-n. 
 hui wIm'IV tin- writ iMMiuMl to frccnirn 
 (lid not call tlicni to nicct tlic kin^, in 
 
 tM'i'Hon.at Wt'stininNtcr, as in Kn^lan<l, 
 nit, from the ^t'o^rapliical lU'ccsHity, 
 to nirct the kinj^'s ap>nt, — to M'lioni 
 l»'tt<'i>i paU'nt lia«l In-t-n isHUrd, — in a 
 local I'arlianicnt. just as tlu- other col- 
 onistH met in tlu> Parliament of their 
 I'roprietary, or of the ('oriM)ratoix In 
 «ome res|M'etH, the thirti form i»rove«l 
 the most .satisfactory, an<l it (li«l so for 
 the reason that there was less conHict 
 of interest lM>tween the |H)pulationan(l 
 the crown, in respect ti) the puhlic 
 domain, than in those provinces where 
 the interest of the crown had been 
 transferred to the person or company 
 that had received the charter. In 
 many of those ca.ses, the pro^jress of 
 the colony was sulMirdinated to the 
 avarice of the Proprietary, or to the 
 j;reed i>f the ('oi"]>orators, wlios*' anx- 
 iety for ^ain imju'ded the settlement 
 of the immense country wliich was 
 ^franted to him or them as trusu'cs of 
 the nation. The writs for the holding 
 of an election wen' is.sued l)y tlie 
 autiiority of the crown in the Royal 
 K-stahlislunentH, and l)y the proprietor 
 or proprietoi*s in the «)ther ca.ses. The 
 issue of writs for holding an election 
 was i"j'pird«'d by the crown as a matter 
 of fjrace : hut this was no more the 
 ca.se, according; to the i-ules of .strict 
 law in a colony now judicially recot;- 
 nized, than in the mother cotnitry. It 
 was not a nuitter of jjrace, it was a 
 matter of constitutional duty, because 
 it is now well settled, although this 
 has not always Jx^en the case, that the 
 prerogatives of the crown in the col- 
 onies, are the same as in the UniU'd 
 Kinj^dom, and the crown has no more 
 authority to legislate for Englishmen 
 without the advice and consent of a 
 Representative Assembly in a colony, 
 
 than in the parent State, withiait the 
 onsent of I'arlianunt. The trutli is, 
 that the arbitrary diM-trines of the 
 Stuarts were etiectually set asid«' in 
 England at the Revolution, but tiiev 
 lingered in the colonies until a niui'li 
 Intt'r perio«l. The crown claimed to 
 have. Ml Kngland, the |M)Wer t«» creaU' 
 new constituencies, and to issue writs 
 commanding the return of niemlH>i-s to 
 ri'present such constituencies in the 
 House of Commons: but this practice, 
 it was said, could not Im> contiiiUed 
 aft«>r the admission of Scotland into 
 the rnioii. as it was settleil what 
 should Ik' the relative representation 
 to which each section of the Tniti'd 
 Kingdom was «'ntitled. Kut in the 
 ca.se of the colonies no such objection 
 ai)plied, and the d'own claimed the 
 right to continue t«) create constitu- 
 encies and to deU'i'iiiine their ext<>nt. 
 The crown did not undertake ti) de- 
 citle u])on the qiialiticatioii which an 
 I'h'ctor was to possess. This was, for 
 a long time, determined, in Kngland, 
 not by statute, but by usage, and when 
 it was <letermined by statute. In-fore 
 any colonies were planted, the rule 
 adopted by Im|>erial statute was re- 
 garded as the rule <tf law, which Kng- 
 lishmeii carried with them into the dis- 
 tant pos.sessions of the crown : and so 
 the crown in its proclamation, in stat- 
 ing the *|ualitication of the electoi-s, 
 simply declared what the law already 
 was. It is interesting t<» obs<'rve how 
 tenacious the crown was of the right 
 to creat«' coiLstitiiencies, for in many 
 instances it absolutely refused to give 
 its .sanction to a legislative measure, 
 <letining thenumlK'rof memlH'rs which 
 should Ih' returned, and tixiiig the 
 lioundaries of constituencies, iH'cause 
 such legislation would makt' it impos- 
 sible for the crown thereafter to exer- 
 cise the prerogative which it claimed 
 to ixwst'.ss in this rt'gard. W'*' also 
 tin<l that the crown, in the colonies 
 over which it retained its jurisdiction, 
 refu.sed to agree to have the time for 
 which meniiM>rs were elected limited 
 by law, as, apart from such legislation, 
 
 
Slit. I'. GO I 'ERNMEN T !N THli COL ON I US. 
 
 539 
 
 tlioiit tlu> 
 tnitli JN, 
 H of the 
 iiNi<l«> ill 
 !nit th«'V 
 il II iiiuc)i 
 >aiiii«M| to 
 
 t^» ClU'Ht*' 
 
 MMiu' writH 
 iciiiIm-ix to 
 H ill tlif 
 M practicf, 
 contiiiiUMl 
 tland into 
 tied wiiat 
 s«'iitatioii 
 lit' TiiitiHl 
 (It ill the 
 I oliji'ftioii 
 iiiiiitMl til*' 
 ■ c-<»iiHtitu- 
 I'ir rxU'iit. 
 ak«> to «!*'- 
 wliic'li ail 
 IS wjiH, r<»r 
 I Kii^laii*!, 
 .aiitl when 
 it«', iK'forc 
 . tli<* rulr 
 itc was ic- 
 rliicli Kiijf- 
 ito tli«> *iis- 
 k'li : aiitl so 
 1)11, ill stat- 
 ic I'leetoix, 
 iw already 
 )s«'rvt' how 
 I' the v'\\f\\i 
 I' ill iiiaiiy 
 *tM| to ^ivc 
 ' iiK'asiii-c, 
 Ih'I-s which 
 Hxiiijj the 
 'S, iM'causc 
 ' it iiiipos- 
 i'Y to oxor- 
 it claiiiii'd 
 W^' also 
 It* colonics 
 ii'isdiction, 
 ;' time for 
 hI limited 
 cfjislatioii, 
 
 the House WiiM elected tliirill^ the 
 liluiisnre of the ci-owii, and coiilil Im> 
 continued iiideiiiiitely, if the crown 
 did not ch<i«»Ne to <lisN4>lve the legisla- 
 ture and to call a new House. 
 
 Ill the I'roviiice of N«'W York, over 
 Hiid over a(;aiii, the (iovernor refused 
 to H'liiction a measure limitin;; the 
 period for which the le|;islatiire was 
 electtMJ, and it was not until the year 
 i74>'i that such a measure was carried, 
 und tlier, it was liiiiit«'d to a peritHi of 
 seven yeai-s, iM'iiij^ the time for which 
 the House of ('omnions in the Tiiited 
 Kingdom was elected, and IVir which 
 it would continue, if not siMiiier dis- 
 solved hv the exercise of the Royal 
 prerojjative. We also find that, a^aiii 
 a'ld a^aiii, in the American colonies, 
 the crown refused to sanction a mea- 
 sure which alNilished the law of prim<»- 
 ^eiiiture, and provided for an etpial 
 <listril)iitioii of real estate amount the 
 cliildreii of the proprietor. This re- 
 fusal, lutwever. resti'd upon a diH'ereiit 
 ground. It was provided in all the 
 Charters, and in the (Vim missions to 
 Koyal (loveriiors, that the lepslatioii 
 in the coloiii«-s should he, as near as 
 mi^ht Im', consistent with the provi- 
 sions of Common I^aw, and anion^ the 
 older writers on Kii(;]ish Constitutional 
 Ijiiw, the opinion ohtaiiied that Parlia- 
 iiiuiit could not legislate in contrav<-n- 
 tion of the Common I^iw, which con- 
 sisted of recojjnized usajjes and cus- 
 toms of tlu- people, and which were 
 held t(t Ik' of paramount authority : 
 that while Parliament, hy its legisla- 
 tion, mi^ht declare what that law had 
 Ih-cii, and restore it where, liy Koyal 
 encroachments, it had U'en disreirard- 
 e<l,itcouldnot lejrislate in contravention 
 of it : and that where a, statute and a 
 well-.settled rule of the Common I^aw 
 were in conflict, that the rule of the 
 ("onimoii J^iw must jtrevail. AikI it 
 was lM«causeitwa,s thouj;ht that such a 
 power could not Im- h'^jally «'Xercised, 
 rather than iHscause of tlie impropriety 
 of the le}rislation, that this power was, 
 for so lon^ a jieriod of time, denied. 
 
 There are, t<M). manv instances in 
 
 which it is plainly evident that the Sov- 
 ereign, and sometimes the liii|H>rial Par- 
 liament, was jealous of the |M»Wers of 
 self-j;overnmeiit claimed hy the colon- 
 ies. It has U'eii recently stated in a 
 work of merit.* that the prerogatives of 
 the crown, in the dependencies of the 
 Knipire, are greater tliaii they luv in 
 the Ciiited Kin],;dom. and ^reat au- 
 thorities, of II former peritMl, are 
 iploted in favor of this view. There 
 is no doiiht it was once .so held, hut it 
 cannot In* said t4> Im> lu'ld any longer. 
 The preroj;atives of the crown are, 
 amoii^rst all Kn^lish-speakin^ pt>oples, 
 in every part of the world where 
 they have not Imm'Ii varied hy lejrisla- 
 ti«)n, the same, and it Iiiin Ih'cii <lecided 
 in the case of l>on^ i'h. Hisliop, of Cape 
 Town, that tlu' prero;;atives of the 
 crown are the same in a colony liavinu 
 a l<K*al (iovernmeiit as in the Ciiitefi 
 Kiii;;<loiii : and this is not less true, 
 even where no (ioveriimeiit has Im-cii 
 e.stahlished. 
 
 Many years a^i>, the (Soveriior of 
 Nova Scotia uiidei't<N»k Ut lej^islate 
 without an Asseml)ly. The Chief 
 .liistice of the I'roviiice. who was a 
 niemlH-r of the Council, oSijected to 
 this practice as heinj; without lei;»U 
 warrant, and the .\ttorney and Soiici- 
 tor-( Jelierals of the time (!7")"j) ex- 
 pressed the opinion that the (Soveriior 
 and Couth il alone have no power to 
 enact laws, and that the (iovernmeiit 
 could not 1k' pio|teily carr''d on with- 
 out an As,seml)ly. Exception was 
 earnestly taken to this view hy the 
 (lONernor and Council, and the ca.se of 
 the (io\ernorof Viij^inia liavin^j t-xer- 
 ci.sed such power at the iii-st .settle- 
 ment of that Province was referred 
 to, l)ut the L.'rds of Plantations in- 
 formed the (iovernor that this practice 
 liad Iteeii of very short duration, and 
 since the Constitution of Kii^land had 
 liet'ii r»'stored to its true principles it 
 had never heeii thou^rht advifMhle 
 that such a coui"se should Im- taken. 
 
 ".liiiliinHl Power ami rnconititutiorml lA^KiMlBt'un." 
 hy II. Cow. of till' l'liiliuk'l|>hiaRar. I would rei«iiiiii»iiil 
 thN book to Ntiiik'iits 111 Cuiistitutioiial \m« 
 
54t 
 
 THE CANADIAN MAGAZINE. 
 
 (iitiii- 
 
 And tlwn* arc ili-ciNioiiH iumI 
 ions in iniMl«>rn tinicN wiiicli nIiuw 
 that in tliiN i'cN]HTt tlif colonit-H liavr 
 tlu' N)iMM> |ii-i)t«'ction ii);iiinNt (Sttvi-rn- 
 nifnt l»y prcntpitiNr wIii'It I'arlia- 
 niriit liaw not cxprfMHly |irt»vi«l«Ml 
 for IcpNiation without tlit- ai<l of an 
 Klt'<'tiv(' AHNt-nilily, tliat tln' |k'o|»U' rn- 
 joy ill tin- I'nit^Ml Kinj,nloiii. Tin- tliii- 
 tt'cii colonifs, prior to tli*' AiiK-rican 
 Ki'voliition, inaiiitaiiiiMl on tlwir own 
 U'lialf an exclusive authority in all 
 niatt^Ts of tlonit'Ntic It'^iHlatioii. ami 
 alHo in rt'wjM'ct t.o taxation, 'ria-ycon- 
 t<'nilc<l that tlu-y could not In- taxed 
 without tht'ir owm couHcnt. ;;iv<'n in 
 tlifir own Ic^iHlatinv, or in noiiu' h'^is- 
 Irttivi' liodv to which they returned iv- 
 |)n*m>ntativcN. and tliitt while the Iiii- 
 |M>rial I'arliaiiieiit had HUpn>nie control 
 over the exti'Hial rela'tions (»f the col- 
 oni«'N. no less than over thosi- of (Jreat 
 Britain and Ireland, it had no lepil 
 rijjht \a\ le^rjslate for the colonies in 
 matters of domestic concern. This 
 contttntion on the part of the colonies, 
 mad»' the Klhpire a .species of federa- 
 tion, ill which the federal powt-r was 
 •exclusively vested in the central and 
 Sovi'iH'ipi State. These were the is- 
 sues lietweeii (Jreat Hritain and her 
 North American de|M'nd«'ncie.s. In 
 I77S tlu- Imperial Parliament passed 
 an act l»y which it «leclared its inten- 
 tion, in the furure, not to undert-ake 
 to impose taxes on any of the dejM'iid- 
 encies of the Kmpire. This statuU* is 
 still in force, and it has U'cn sci-upu- 
 lously respected. The Parliament has, 
 however, always claimed for itself the 
 rijjht t«) legislate on U'half of th«' colo- 
 nies upon every ccaiceivaMe suhject. 
 The !mp«-rial Parliaim^nt has always 
 denied tliat there is iti any colony any 
 [M)\ver of lejfislation that is le;;ally ex 
 elusive. It has always maintained 
 that it has a rij;ht to lejfislatc on every 
 Huhject for the colony, and that where 
 it does so lejfislate, its le<;islation super- 
 ce<les that of tlu' colony which is in 
 conflict with it. This is a power which 
 evervone, at tlie present dav, recoi;- 
 ni/cH as one which is not capable of 
 
 ^•neral eniitloynient, as it would, if 
 made pr»( tically eH'ective, destroy lf»- 
 cal self-jjovernment in all the coIonicH 
 of the Kmpire. The doc' riiie laid down 
 liy ♦he American colonies is one which 
 we have very closely approached, l»ut 
 it is one which has never lieeii form- 
 ally adopU'd. The theoreti<al ruU* 
 that hnliameiit is not excliideil from 
 legislating for any section of the Km- 
 pire. as it may deem, in its disi-retion, 
 proper, is a rule which is found, as at 
 present exer<'ised. a rule of conveni- 
 ence, under w hich constitutional lejfis- 
 lation. at the re»|uest of the cohaiicM, 
 has Uiken place, and which hej^onicH 
 the supreme law <»f tin- colony. I'lnhT 
 it, t<M», Parliament has lej;islat«'d so iih 
 to eiiahle the Crown to do what it 
 once claimed it had the inherent i- » v- 
 er to do without such let;islation. hut 
 which the l^aw OtKcersand the ('oui-t« 
 in recent times have advis«'d and held 
 that it diK'S not posH«'ss. Parliament 
 has authorized it tx) lemslate on U^half 
 of new settlements where the |N)puhi- 
 tion is not sutKciently numerous t<) 
 enahle the inhahitants advantajjeous- 
 ly t«> call into existence, upon the au- 
 thoritv of a writ, a I^'jjislative Aswmii- 
 l.ly. 
 
 The Kiifflish colonial system UK)k 
 a n»'W dej)arture much more c!os«'Iy 
 conformiiif; to the Parliamentary syH- 
 teiii of the mother country, uimui the 
 introduction of Parliamentary (Jov- 
 erniiK^nt. It has led to fiscal le;;isla- 
 tion often hostile to the comnien-ial 
 intenwt of the parent State, without 
 leadiii}; to Royal or to Parliament*ir>' 
 interferenc*'. " It has led to tl«.e fullest 
 adoption of theprinci|)les of hn-al self- 
 •."[overnnu'iit. with which tlu' Imperial 
 Parliament does ii(»t venture to inter- 
 fere,— with which it could no longer 
 constitutionally interfere. In fact, 
 for all practical purpost.'s other than 
 those which ' have ii jutioned, the 
 Imperial Parliament, to-day, is. W- 
 sides heinga domestic lef;islature,a fed- 
 eral le<jislature for the Einpins and it 
 has as carefully ahstained from int»'r- 
 fering with the <lomestic concerns of 
 
SHLF-aOl'HKNMHNT M THh COLOMES 
 
 S4I 
 
 ml 
 
 ml 
 
 oiild, if 
 
 folollifH 
 
 iihlown 
 »• wliii-h 
 dmI, liiit 
 II fnnii- 
 al rule 
 <l rrc»iii 
 tin- Kiii- 
 sn-ctioii, 
 UN at 
 
 DllVt'lli- 
 
 oldllicH, 
 K'COIIM'H 
 
 I'mliT 
 
 U'A N<> aH 
 
 what it 
 
 cut i- » V- 
 
 tioii. lait 
 
 «' ('«)nrt« 
 
 ami li«;lrl 
 
 I'liaiiicnt 
 
 III iM'lialf 
 
 > |h)|)iiIh- 
 
 icroiiH U) 
 
 itaj;«'ouH- 
 
 II till' aii- 
 
 \' AhW'III- 
 tCIII t<M)k 
 
 • rlowly 
 tai'y syH- 
 i])()ii the 
 
 IT (lOV- 
 
 I It';^Nlft- 
 iiiiiicnrial 
 without 
 .nieiitarj' 
 V fuMoHt 
 (K'al wlf- 
 Iiiiperiul 
 t<) iiiter- 
 I) longer 
 In fact, 
 \vv than 
 iioil, the 
 , is, Ih'- 
 ift'.a fed- 
 V, anti it 
 
 III iiit«'r- 
 !i*eniH of 
 
 v coloiiifMiiMif it wiTc ivHtraiii«-«l hy 
 writt4-n ntn^titution. It in tni<- tin- 
 I'own. iifMin the luivice of the iiiipcr- 
 I MiniNt4'i-N. may (liNiillow coloiiiiil 
 ^riNlation. hut th«* rule liitN lMr(»iiM- 
 I'll M'tlh'ti of lat«' ycai'H, that thiN 
 >wcr of iJiNallowamT w one which 
 'MM now Im* «'X«'iviH»'«l only for the pro- 
 •tcction of Iiii]M>rial int<'rcHtH, and for 
 h«* cnn'ful cxcluHion of colonial IcgiH- 
 tion fi-oni ti.;>i hphcrc which the 
 niiM>rial I'arliaiiicni rcpiitlN an cx- 
 luNivi'ly itH own : ho that, in all niat- 
 i-H of donicNtic concern, the electorate 
 f eiu'h colony wlu'fe thel'ai'liaiiientary 
 yHteni w eNtahliNlied \h iin much the 
 ditical Sovereijjn of the colony an if 
 he colttnv had declared itHcIf inde- 
 M'ndent and tiH if that iiulependencc 
 Wert* fully reeojrnized. So far, the 
 ]ni|»enal (VinNtitution is well settled. 
 >ow wc in Caniula, have to couHid- 
 er It .iiy initK)rtant matter, and it In 
 this : —Whether w<' have reached, at 
 this |K)int. the extreme limit of our 
 jjrowth as a di'pendency, or whether 
 the law of evolution may carry us 
 Htill further, without any «hiiiger to 
 the int«*ifrity of the Empire, or any 
 necefwity for its dismemherment '. 
 
 Under the Imperial < '(mNtitutioii I 
 nee nothin)r to prevjtnt every depend- 
 ency c»f the Kmpire continuing to in- 
 crease in ix)wer, and in authority, 
 until it stands upon a footing of p> r- 
 fect equality, in respect to its own 
 affaii-s, with the ]>ar(>nt State : and if 
 this .should prove a soun<l vi«'w, then 
 u larger measure of self-governiiient 
 will necessarily spring from an in- 
 crease of wealth aiitl of numheiu 
 Under the English constitutional .sys- 
 tem the executive authority of the 
 Empire is everywhere a unit : the 
 power is everywhei'e i*oyal power ; it 
 is everywhcie exercised by Her Ma- 
 ^jesty, but it is not everywhere exer- 
 ci.sefl by Her Majesty upon the advice 
 of the same ministera. At present. 
 Her Majesty's Ministera at Westmin- 
 ster, are her sole advisers on all mat- 
 ters of Imperial concern. Is it neces- 
 sary to the 8taV)ility of the Empire. 
 
 and to its polilieal unity, thut tliit 
 should for«'ver Ik' the case '. I don't 
 think s«) ; and there are indioutions 
 which show that a new stuteof thirigH 
 is arising : that we have, in fact, al- 
 ready passed the limit Ix'yond which, 
 in the minds of many, we could not go 
 without H«>iMiration. We di«i su in 
 our neg'"atit»ns with the neighbor- 
 ing Republic ill ]M7I. and lignin in 
 |Hn7. W«' di<l so in the ivcent arbi- 
 tration for the s<>ttlemont of the dis- 
 |)Ut«' in resiM-ct to the killing of H«>alM 
 in the Kehring S4'a. The couiw taken 
 l»y the lmp<!rial (Sovernment wan, in 
 a large nieasitre. determined by opin- 
 ion in ''xTiadii, and u)H>n the HtNirtt of 
 Arbitratit I 'Src.it Britain and Cana- 
 da were l/ot li reprcMMited. Koriiially 
 both repfesentatives wen- appointed 
 Ujio- Jie ;ilvice < i Hei Majesty '« 
 Minist^jrs at W<- .minster, I tut, in fact, 
 the choice the (Canadian represen- 
 tative V a^ <let4Tmine<l by Jie (Sov- 
 ernment of this country. The Ini- 
 ])erial (iov« 'riment was largely iiiU^r- 
 ested in the iiiatttT If war should 
 lijive arisen, the biirdenH <^f tliat w r 
 Would have most largely fallen upon 
 the itart-nt State. But while the ne- 
 cessity is siieh as to entitle her to u 
 vote on the B(»iUi! her inten sts were 
 not exclusive, and Canada being also 
 an inteuested party, having interests 
 distinct and separate fntm those of 
 the Tnite*! Kingdom, wasetritled to 
 receive, and did receive, representa- 
 tion upon the Hoard of Arbitration. 
 So, t(K>, the Australian colonies set up 
 a claim in lespi-ct to the determina- 
 tion of (|Uestions of (>xternal policy 
 which might affect the future destiny 
 of these cohmies. They pointed out 
 to the Imperial tiovernnient, that the 
 action of France and (lerniany in es- 
 tablishing colonies in their neighbor- 
 IkkxI were not matttjrs which .solely 
 affect«'d the parent State; that they 
 were iiiult«-i.-i fiir njon; largely per- 
 taining to tlie Australian colonies; 
 and that they (ould not be indiffer- 
 ent to the colonial establishments by 
 France and Oemiany, in tlieir neigh- 
 
542 
 
 'i HE CA NA DIA N MA GA ZINE. 
 
 Hi 
 
 borhood : and they insistofl upon an 
 niperiul '^'olicy, upon tlio ^jucstion 
 which so much conccniLMl their wel- 
 fare, which would velieve tl'eni From 
 the menace arising from having great 
 miliiiary powers established in their 
 vicinity. 
 
 Is it not then, clear, that in propor- 
 tion as the commerce and wealth of the 
 colonies extend, — thut in proportion as 
 they have a larger trade with other 
 countries, they must have in a moi-e 
 marked degree a voice in negotiation, 
 and in the settlement of (piestions 
 which deeply concern them and which 
 their public men understand and 
 which tiie public men of England 
 <lon't and can't understand ecpially 
 well { The special occupation of the 
 public men in the parent country with 
 those things which specially concern 
 those whom they represent must al- 
 ways make them less competent to 
 deal with the affairs of the dependen- 
 cies, than they are with their own: aiid 
 so it is to the interest of the Empire, 
 as it is to the interest of that section 
 of the Empire specially concerned, 
 that those who best understand the 
 questions, and are thoroughly in 
 touch with those whom the matter 
 affects, should be the parties authoi- 
 ized under the con.stitution to <leal 
 with them, and shoi'ld be the chief 
 advisers of the Crown in respect to 
 them . In the very nature of things, 
 the smallei" colonies, — those not hav- 
 ing any external I'elations properly so 
 called, — must trust to the parent State: 
 and, on the whole, theii" intere.sts are 
 fairly dealt with. But in the ease of 
 colonies, which may grow until t)i«'ir 
 intere.sts abroad ai'e not less than those 
 of the parent State, and. in special 
 matters, upiy be altogether greatei', 
 the parent State must trust them as 
 they hav«> trusted her. It is the same 
 Sovereign who negotiates : it is the 
 saine Sovereign who cixpresses what 
 her rojal will and determination is in 
 regard to the matter: but that will, 
 that determination, is not mcnilded an<l 
 .shaped, in eveiy instance, by the .same 
 
 men, and it certainly can l)e of \\\^ 
 greater moment to Imperial M inisk'js 
 that colonial Ministei-s should be the 
 chief advi,ser.-i of the Crown in .such 
 special matters, and that they, in the 
 Ciited Kingdom, .should be bound by 
 the conclusions reached, than it is 
 now, when they are bound i>y acts of 
 men who had gone out of the world- 
 before they ap])eared upon the stage 
 of existence. 
 
 This (|uestion of political evolution 
 and nati<mal growth is one of verygi'eat 
 importance, an<l theivobvicmsly springs 
 from it responsibilities as well as rights. 
 It wouM be indee<l monsti'ous, if we 
 were to claim the full measure of (mi- 
 authority, and. at the same time, deny 
 all resp(m:i.bility incident to the exer- 
 ci.se of such authority. Have we con- 
 sideretl, as our interest reipiires, that 
 when we insi.st upon exercising, as oc- 
 casion may necessitate the powers of 
 a Sovereign State, we must also be 
 prepaied to assume sonn- (»f the liur- 
 dens and responsibilities which attach 
 to that charactei- '. We must, while re- 
 maining a portion of the Empiiv, once 
 we claim to exeicise such power, be 
 ready to a,s.sume, in a largei' measure 
 than we hav«' hitherto done, the pro- 
 tection of our own teri'itory in cas;' of 
 war or hostile invasion. It would be 
 in the last degree pusillanimous to 
 make claim to Sovereign authority, 
 and to repudiate all the burdens which 
 Sovereign powei', if we stoofl alone, 
 woidd necessarily bring. No one in 
 his .senses would [)retend to say, that 
 if Canada wei-e independent to-mo)- 
 row, she woidd not find it neces.sary 
 to ineui' ex{)enses in the erecUon of 
 forts and arsenals, and in tl-e estab- 
 lishment of a Heet, to some extent at 
 lea,st, for the pur])()ses of ])olice and 
 fo)' thi' jnu'pose of protecting her com- 
 merce. As a portion of the Empire, 
 .some of the expenditiuvs ai"e no doubt 
 avoided. If our seciu'ity were not 
 made greatei', oi- less C(jstly, by i-e- 
 maining within the Empire, — if we 
 ha<l no special advantage from doing 
 so, — then the motive foi- continuing to 
 
SELF-GOVERNMENT IN THE COLONIES. 
 
 «43 
 
 l)e of no 
 11 Ministers 
 |ul<l lie tile 
 11 ill Huc'li 
 Jlicy, ill the 
 Ji' iiound l»y 
 Ibhan it is 
 I l»y acts of 
 
 thi' world- I 
 ii the stap' 
 
 Id evolution 
 U' vt'rv<>i-t'at 
 usIyHpriiijiis 
 II asri<;lits. 
 rous, if Wf 
 sure of our 
 time, deny 
 ;<) the exer- 
 ive we con- 
 i|uires, tliat 
 isiiiy, as oe- 
 powers of 
 ust also Itc 
 )f the Itui- 
 hieh attaeli 
 1st, while re- 
 'jinpire, once 
 h power, he 
 ^er luea.sure 
 ne. the pro- 
 •y in cas;' of 
 It would he 
 aninious to 
 I authority, 
 rdeiis which 
 stood alone, 
 No one in 
 to say, that 
 eiit to-nior- 
 t necessary 
 ere'Uon of 
 tl'.e estah- 
 e extent at 
 l)olice and 
 ny her com - 
 ihe Empire, 
 ire no douht 
 were not 
 (tly, hy re- 
 lire, — if we 
 from doin^' 
 mtinuinu' to 
 
 row within it, instead of standing 
 Uone, would he at an end. This much, 
 kowever, it is clearly our h<Minden 
 luty to undertake, — to protect our own 
 pities on the seahoar*! ajj;ainst the pos- 
 pihility of surprise, and to make ade- 
 juate provision against their hecom- 
 Ing possessions, for the time heing, of 
 III enemy. The trihute which might 
 levied, the injury which might he 
 lone, the risk of permanent loss 
 rliicli we would incur hy neulect, the 
 lumiliation and disgrace of capture, 
 [would l)e immeasurahlv tri'UHter evihs 
 than the expen.se which we wouM now 
 l>e calletl u})on to hear, in order to give 
 iroper security to our own people, and 
 fairly protect our own special in- 
 jrests. Tlie hoy, who, on arriving at 
 
 JA'ears of manhood, does nothing to ac- 
 <|uire hahits of .self-reliance, who 
 
 .makes no .sacrifice in his own interest, 
 ■ — will he wanting in some of the high- 
 est (pialities of manhood : and as it is 
 with him, .so is it with the colony "rown 
 to tlie status of a nation that claims 
 ])ower, hut which repudiates the hur- 
 deiis which accompany it. It mu.st 
 consider larger (piestions of .state for 
 itself : it mu.st con.sider the suhject of 
 its own defence : it is not calle<l upon 
 to ahuse its iieiyhhors, or to iiululue in 
 swagger and hravado, hut it is IiouikI, 
 in duty to itself, to ac(|uire hahits of 
 
 I jself-reliance and to make some sacri- 
 fices on its own hehalf. We expect, 
 from time to time, to press upon the 
 parent State the propriety of conced- 
 ing to us a larger mea,sure of author- 
 ity : to place, in a larger degree, our 
 own destiny in ourowii hands. With 
 what face can we do this, if we are 
 not prepared to put forwiird the least 
 effort for our own ]>rotection, and for 
 making ourselves a .suhstantial .source 
 of .strength to the Knijiire, in.st»'a<l of 
 fieing, in ca.se of ho.stihtv, a source of 
 humiliation and danm'r. 
 
 Let us, in discu.ssing the futur" that 
 lies hefore us, con.sider what further 
 measure of authority in particular we 
 should po.sse.ss, and what further res- 
 ponsibilities we .should, in (U'ceiicv and 
 
 fainiesH to the parent State, be prepar- 
 ed to assume ; wcause 1 take it that 
 the moment we enter upon tlie field of 
 external relations as one with which 
 we have to tlo, and as one which poli- 
 tically concerns us, we cannot stan<l 
 towards the mother ccuntry, in refer- 
 ence to (juestions of defence, as we st<x)d 
 l)efore. There has been, on the part of 
 the Engli.sh (jiovernmeiit, ever since 
 Parliamentary G-.-vernment for domes- 
 tic puipo.ses reached maturity, a deter- 
 minati(jii U) throw upon the colonies 
 the maintenance of peace within their 
 own borders. Was not this a rea.son- 
 able determination '. Now we stan<l 
 upon the brink of a new phase of col- 
 onial life. We enter upon grounds 
 hitherto untrodden by the feet of any 
 <lepeiident community, and we are 
 bound to con.sider all that is incident 
 to this new state of affairs. I have 
 no doubt that when the .subject is fully 
 coiLsidered, and exhaustively di.scussed, 
 the people of this country, as well 
 as those in other portions of the Em- 
 pire, will reach such conclusions as 
 will bring to it greater strength, and 
 greater security, along with that iii- 
 crease<l authority which the different 
 parts may constitutionally claim and 
 rightfully possess. But there may Ix; 
 other interests arising quite independ- 
 ent of any (juestion of defence. When 
 one State becomes an ally of another 
 in ca.se of war, it is not always because 
 their designs are ambitious, orbecau.se 
 the integrity of both is endangered. 
 
 Let us consider for a moment what 
 the effect of the fall of England would 
 l)e, not only upon Canada, but upon 
 the whole of North America. If 
 France and Ru.s.sia could destroy the 
 English Heet, and ac(|uire a naval as- 
 cendency, the British Empire would 
 be at an end. We might have a 
 French garri.son in Halifax and in 
 Quebec, and a Russian occupation of 
 British Colund)ia. But 1 i)ass that 
 consideration over. No colonies wouhl 
 remain to England. They would pass 
 under other control, or become inde- 
 pendent. The trade of the world wouM 
 
SH 
 
 THE CANADIAN MAGAZINE. 
 
 go back. The reHtricted Hystein would 
 again b« intixKluctHl. The whole coin- 
 inercfc of the world would be conduct- 
 e«l on lines siinilai* to those which pr»'- 
 vailed before the lx?ginning of this 
 century. Places with which we can 
 now trade, we could tra«le with no 
 longer. With the tlestruction of British 
 commerce, would come the diminution 
 of the British population. Their num- 
 bera, by famine and eniigi*ation, would 
 fall to, at least, one half of what they 
 arc at present. What then would l)e 
 the British market to us ? With New 
 Zealand, Australia and India under 
 the contn>l of Russia and France, I 
 need not say to you, how very serious 
 the change would be both for Canada 
 and the United States. The ITnited 
 States would be in much the same 
 position that she was when the Holy 
 Alliance threatened the independence 
 of this continent and the re-con(]uest 
 of Spanish America. It woxild, indeed, 
 be worse. The world has not, since 
 the fall of the Roman Empire, known 
 any event which would so calamitous- 
 ly affect its material and political pro- 
 gress. A g"eat war fought upon oin* 
 soil would indeed be a gi'(;at evil. Biit 
 it would be to us, in its mischievous 
 consequences, trifling, indeed, com- 
 pared with the fall of the United 
 Kingdom and the disniemlK'rment 
 of the British Empire. The labor 
 of the husbandman would, in the 
 
 once peace was restt)red, 
 the injmnes inflicted by 
 war, and the ploughshare would, with- 
 in a few veal's, obliterate the evils 
 
 one case, 
 soon repair 
 
 inflicted by the svorcl. But nothing I 
 could repair for us the evils arising 
 from the commercial ascendency of 
 nations using that ascendency, not in 
 the inti'rests of freeclom, but to uphold 
 commercial exclusion. A war which 
 would have the effect of reducing tht* 
 United Kingtlom to the ptmition of 
 Spain would only l)e less calamitous to 
 us and to every other British posses- 
 sion than to hei"self. The English- 
 spoaking i)opulati(jn on this continent 
 would fln«l their commerce (lestroyed 
 by the restrictive policy extended to so 
 large a portion of the industrial worhl. 
 Let, it not then, be suppt)sed that such 
 a war is one which but little concerns 
 us. or that we are not callefl upon to 
 make any sacrifice, fitnn domestic con- 
 siderations, to uphold the greatness of 
 our motherland. It would once more 
 become a question whether any por- 
 tion of mankind should possess free 
 institutions. We should be devoted 
 to freedom aiul to p«'jice ; but we must 
 not forget that these arc made morc 
 .'^:"cure where it is seen that they are so 
 dearly prized that we are ready to 
 make some sju'rifices for their prcser- 
 vation. We cannot stand still. We 
 f)Ught to iwlvance : but we must not 
 forget that increased power ami great- 
 ness must Ik' accompanied by increawed 
 responsibilities, and we would prove 
 ourselves unwoi-thy to share in the 
 sovereign authority of a great Empire, 
 if we attempt to shift to the shoulders 
 of othei"s the bunlens which should, 
 in justice, rest upon our own. 
 
T\ 
 
 ut nothing 
 ilH arising 
 sndency of i 
 ncy, not in 
 t to uphold 
 war which 
 ifhicinp the 
 joHition of 
 lamitouH ti> 
 ish posseis- 
 e Enj'lish- 
 H continent 
 
 (le8troye<l 
 ended to so 
 trial worid. 
 d that such 
 lie conceniH 
 ed upon to 
 niewtic con- 
 ^reatneHS of 
 1 once more 
 jr any por- 
 KiSHeHH free 
 be devoted 
 ut we must 
 made more 
 , they are no 
 e reiuly to 
 heir preser- 
 
 Htill. We 
 e muHt not 
 r and j^eat- 
 )y increased 
 'ould prove 
 lare in the 
 eat Empire, 
 le shoulders' 
 lich should, 
 vi\.