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Tous las autras exampiairas originaux sont filmAs an commandant par la pramlAre page qui comporta una empreinte d'impression ou d'iiiuetration et en terminant par ia darnlAre page qui comporte une telle empreinte. Un dee symboiaa suivants apparattra sur ia darnlAre image de cheque microfiche, seion la caa: le symbols — ► signifie "A SUIVRE", la aymboia ▼ signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent Atre filmAs A des taux de rAduction diff Arants. Lorsque le document est trop grand pour Atra raproduit an un seul cilchA, il est fiimA A partir da i'angle supArieur gauche, da gauche A droite, et de haut an baa, an prenant la nombre d'images nAcessaira. Les diagrammas suivants illustrent ia mAthoda. 1 2 3 1 2 3 4 5 6 THE moroSED CONSTITUTION FOR BRITISH NORTH AMERICA. A UNiox of the proviuces of British North America under a new coustitu- 1 Ikiiort of Resolutions adopted at a Con- ference of Delegates from the Proviuces of Ctiuada. Nova Scotia, and.Kew Brunswick, and tht Colonics of Newfoundland and Prince Edward Island, Jield at the city of Quebec, 10th October, 1861, as the basis of a pro- posed Confederation of those Provinces and Colonies. tion, is a subject of which it may be said, not as a liackneyed jjbrase, but iu earnest, that its importance needs no exaggeration. Perhaps, in l ost minds, it derives a part of its interest from the tacit conviction that it is a step towards a furtlier change. No further change, however, is con- templated, professedly at least, by the The Propcaed Constitution for British North America, 407 fVnmcrs of the document, but the vevorso. Ono of their assigned motives for adopt- ing the particular constitution which they select, is the desire of " perpetuating " the connexion of the colonies with the " mother country." And, in fact, tho scheme which they have proposed is based on the continuance of tlie con- nexion, and, if it was i-emovod, would necessarily fall to the ground. For no Executive government is provided but that which " is vested in tho Sovereign " of the United Kingdom of Great Britain "and Ireland." It la true that this government is " to be administered " according to tho well-understood prin- " ciples of tho British constitution ;" in plain English, that tho name of tho Crown or its representative is to be a mere mask, under whicli the real power is to be exercised by the heads of tho dominant party in the colonies : but, as will appear hereafter, the mask is in- dispensable. Its removal would reveal wliat few would care to embrace. We do not propose here to discuss the political connexion of the colonies in general, or that of the North American colonies in particular, with the mother country. But, before the connexion is solemnly ratified anew, and tlio future prosperity of a gi-eat comnumity built upon that foundation, let the question be fairly and manfully looked in the face. These coloiucs are 8e{)arated from us by three thousand miles of ocean. They aro inacccKsiblc for the purposes of military co-operation during nearly half tho year. They are brought into inti- mate relations, diplomatic and commer- cial, with the communities of a ditfercnt continent from ours. Their fundamental institution;-; — the principle of social and political equality, the absence of hei'edi- tary rank, of primogeniture and entails, their free churches and common schools, — are essentially those of the New, not those of the Old World. They are so far from being identified with iis in commercial interest that they impose protective duties on our goods. At the present moment, both the mother- country and tho colony aro brought by the conaexion into gratuitous peril : for tho angry A raericans, though they have no desire for Canada as a territorial acquisition, aro tempted to pick quaiTels with us by its^)pportunenes3 as a battle- field ; while the Canadians would be perfectly safe if they were not involved in the danger of a collision between us and tho Americans. The hope of a Canadian force, able fairly to share with us tho burden of defence, must by this time havo passed away. The Canadians will not bear tho tuxntion requisite for a regular army ; and, in a country where the pe(jple aro so thinly scattered and go much occupied, an efi'ectivc militia or volunteer ibrco is almost out of the question. On tho other hand, supposing tho political coimexion to be dissolved, all tho effective ties of kinship would remain ; nor does there seem to be any obj((ction to our abrogating, as against Canadians, all tho legal and political disabilities of aliens, so that a Canadian coming to reside in England might be at once, in every respect, an English citizen. Under these circumstances, does not true wisilom, with which sound sentiment is never at variance, dictate tho friendly and cautious termination of the present connexion \ This is the question which it is the duty — the hard duty, no doubt — of those who have the destinies of the two communities in their keeping now to determine ; and to determine with reference to the real interests of those concerned, not under the influence of mere tradition, mere phrases, or such, empty fancies as the notion oi prestige. Does the "prestige^ of having the defence of Canada on our hands at this moment form a safeguard, in the opinion of any human being, against the danger which is present to every one's mind, and the occurrence of which was easily foreseen from the commencement of tho great volcanic eruption in the adjoining States] To proceed to the projected constitu- tion. Tho first clause proposes o. federal union of the colonies ; and the next clause speaks of the federation of the British North American Provinces. But the third clause avows the desire, in framing the scheme of Government, " to 408 77iC Proposed Constitution for British North America. " follow the model of the British consti- " tiition, so far as circumstances will por- " mit." Xow the British constitution is not the constitution of a federal union, or of a federation, but of a kingdom. There is a ^'ood deal of local govei'nmcnt exercised under the authority of the sovereign power ; but Great Britain is, nevertheless, a kin<,'dom and not a fede- ration. If, therefore, the framers of the Canadian constitution really intend to create a federation, the model which they have chosen for their constitution would seem inapplicable to their caso.^ The fact, however, seems to bo, that they intend to create not a federation, but a kingdom, and pi'actically to ex- tinguish the independent existence of the several provinces. The governoi's of the provinces, instead of being elected like those of the American States, are to be appointed by the Central Govern- ment ; the Central Govenmient is to have the power of disallowing any Bills which the local legislature may pass : and thougli the powers bestowed on thoso legislatures are considerable, they are not very materially greater, in their prac- tical scope, and regard being had to this central power of disallowance, than those delegated to local authorities in the United Kingdom. But the apprehen- sion of some sentiment of indcpeudcuco in the several provinces, based, perhaps, on certain peculiarities of interest, leads the framers of the constitution to stop short in their work, and, instead of avow- ing and carrying out the design of an incorporating union, to adopt the phrase- ology, and, to some extent, the actual structure of a fedei-ation. They hope, no doubt, that the course of events will practically decide the ambiguity in favour of the incorporating union. So did the statesmen who formed the con- stitution of the United States. And the result is, that a large portion of the Southern people (those not immediately interested in slavery) are fighting like demons for State independence, not ^ They would do well to read the opening chapter of Mr. Freeman'8 History of Federal Governments, where the character of such Govemmeats ia thoroughly explained. without the sympathy of a considerable minority at the North, while the majority of the Northerners are strugf^linn; ta put them down as rebels. The sentiment of provincial indepen- dence among the several pi'ovinccs of British North America is at this moment merged in the dcsii'O of coniljtning against the common danger, which their unwise exhibition of antipathy to tho Americans, and their improvident en- couragement of Southern refugees, have contributed to create. But, when the danger is overpast, divergent interests may reappear, and the sentiment of in- dependence may revive. This will pro- bably be the case, especially in tlie French and Ctitholic province. The framers of the constitution, therefore, ought not to evade the difficulty of deciding clearly between a federation and a kingdom, and thus to leave tho object of tho citizens' ultimate allegiance in ambi- guity, in the confidence, bused on tho present state of fooling, that all will hereafter settle itself in the right way. If wc look not to the mere tendency of the houi', but to the permanent inte- rests of these colonies, there is, perhaps, not a little to bo said in favour of a real federation, as a constitution for com- munities occupying a vast extent of territory, witli necessarily a good many varieties of interest, and probably of character, but in need of mutual pro- tection agauist enemies without, and of internal tranquillity and free trade. This arrangement combines indepen- dence, emulation, comparative expe- rience, all that is valuable (or rather invaluable) in numerous centres of civilization, with all that can bo rationally desired in a consolidated em- pire. It is not, like an empire, suited for the purposes of aggression, because, happily, a group of states have seldom a common interest in an aggressive en- terprise, but historical experience shows that it is well suited for tho purposes of defence ; for the four gi'eat federations, the Acha'an, the Swiss, that of the United Provinces, and that of tho American colonies, all had their origin in memorable defences ; and, if tho AchI cessi powj com| the enjui nessi Teuf indel worll govc The Proposed Constitution for British North America. 4oa considerable thomnjority ;ruggling to ial indcpen- [n'ovincos of .his moment comljlning which their ithy to the ovideut en- ■ugces, Iiavo t, when tho it interests Qient of in- lis will pro- thc French he framers , ought not ling clearly I kingdom, cct of tho > in ambi- sed on tho It all will jght way. tendency anent intc- 8, perhaps, ir of a real for com- extcnt of ood many obably of iitual pro- ut, ajid of ee trade, indcpen- vo cxpc- or rather )ntres of can be ated em- suited for because, e seldom ssive en- ce shows rposes of erutions, of the of tho u- origin if the Achfcan League «as not positively suc- cessful in repulsing tho overwhelming power which assailed it, it was successful compared with the great monarchies of tho time — even tho Macedonian — and enjoyed hefore it fell a period of happi- ness and glory.^ The tendency of tho Teutonic race, as tho stronger and moj-o independent, has been, both in the old ^vorld and the now, towards federal government, though in the old world the tendency has been a good deal thwarted by the pressure of military necessities ; while the tendency of tho weaker Celt has been, and seems to be almost incurably, towards the centrali- zation from which he ilerivos collectivo strength, or rather force, at the expense of all the higher objects of human asso- ciation. A federal iinion also most easily admits of the peaceful extension of teiTitory, a prospect which of course opens before the North American Con- federation as well as before the United States, Finally, it leaves everything more open and susceptible of modifica- tion ; an advantage not apt to be appre- ciated by tho framers of constitutions, but, nevertheless, aconsidcrable one in tho case of a continent which is still in course of settlement, and the final divisions and aiTangement of which cannot at present be certainly foreseen. It would be somewhat rash, at least, to assert posi- tively that Nature will finally ratify the political accident which has cut off from the rest of the continent tho long ribbon of territory stretching from Nova Scotia to the British Colonies ou the Nortlieru Pacific. 1 "How practically efBcient tho federal principle was in maiutaiuing the .strength aud freedom of tho nation is best shown by tho bitter hatred which it crused, first in the Macedonian kings, and then in the Roman senate. It was no contemptible political sys- tem against which so many kings aud consuls ■ucce.ssively conspired ; it was no weak bond which the subtlest of all dipioniatic senates expended so many intrigues and stratagems to unloose." — Freeman's Jfistori/ of Federal Go- Vernmcnt.i, vol. i. (on the Orce/c Federations), p. 710. And see the quotation from Justin in the note. Kent absurdly includes the Am- jphictyonic League among his instances of tho ireakuess of Federations. Hamilton, tho principal framer of tho Washingtonian constitution, was a niau of great ability, and of great though honourable ambition, who had been accustomed through the Revolution to act upon an ample scene. Ho aspired to found a great national Government, tho rival of the great national Govern- ments of Europe, in the administration of which afii'st-rate statesman might find full scope for his capacity. lie did not know, and could hardly bo expected to know, that as civilization advances tho importiincc and dignity of government, the function of which is compuislon, diminish, while those of voluntary asso- ciation and spontaneous action increase. Nor, as the pcsition selected for his national capital shows, did ho anticipate tho extension of the United States beyond the limits hitherto a.ssigned by nature to a centralized nation. IWa destined capital, the " city of magnificent distances," stands a ghastly and ridi- culous moninnent of his mistake. That his political structure was conceived in error is a fact not so palpable, yet, per- liaps, not less certain. There is nothing in the world so sound as American society, with its intimate iniion of all classes, its general diffusion of pi'operty, its common schools, and its free religion. The danger of communism, or of anything like a war of classes, is never felt ; and even strikes were ahnost imknowu till tho Legal Tender Act multiplied them by causing a frightful derangement of prices. The local institutions also, in which tho people administer their own afli'airs, or elect officers to act under the eye of the constituency and in conjunc- tion with it, arc perfectly healthy, and form, in themselves and by their effect in training the political character of the people, the sheet-anchor of the constitu- tion.i But the central institutions aro full of faction and corruption. In a busy community, which, happily for itself, has no idle class of hereditary 1 The municipality cf New York is yer'T corrupt : but New York with its great Irish aud German mob is cpiite an exceptional case, though regarded by newspaper correspondents and their readers as the typo of America. «-Jt 410 The Proposed Constitution for British North America. proprietors, the most respectable citi- zens, under ordinary circvinistimces, when there i.s no great question on foot and no grout call for patriotic exertion, are too much occupied in their own commercial ami doini'stic concerns to be cajididiitos for an office which would oblige tliem to reside at the capital. Their places nro taken by a class of pro- fessional politicians, needy men for the most2)art, wiiotoo often goto Waaiiingtou to make the fortunes which others are making through industry, by the trade of political intrigue. The character and habits of tiicso men, tiio machinery of caucuses and wire-i)ulling by which their .system is carried on,, and the general tone of the newspaper press whicli ministers to their competition for place, still further repel the best mou from the political sphere. It is not astonishinii' tiiat those who come in contact only with the politicians of America, or with what emanates from the politicians, should form, as they are ajit to do, a ludicrously unjust estimate of the Ameiicau people. The framers of the scheme before us style tlieir work a copy of the British constitution ; but, as a plan of a central government for a federation, it may be called rather a copy of the constitu- tion of the United States. Ottawa, as a factitious capital, is the exact counter- part of Washington ; and at Ottawa, as at Washington, we shall too probably see the least worthy citizens of the Federation collected together, durinc several months in each year, ■without even the tempering and restraining influences whicli the mixed society of a real capital affords, an imadulterated element of professional politicians, de- voting their whole time to the undivided work of corruption and intrigue. I!" the Federation is to have a central government and a capital, the question should at all events be considered whether it is not desirable to place the capital in a city, such as Montreal, where there will be some social interests and influences, to temper the pursuits of which Willard's Hotel and the boarding-houses at Washington are the classic scone. Even the amenities of Wasiiington debate might be a little controlled by the presence of a more enlarged and cultivated circle in the gallery. A writer, himself a colonist, and one who has had considerable experience in colonial politics, lays it down as one of a series of axioms for the guidance of colonial legislators, " that " it is a fallacy to assume that there will " be found in the colonics, as in England, " a class of statesmen sufficiently above " the influence of sordid motives to take " the luanagemont of public affairs from " public spirit and ])atriotic motives " alone ; or that men who, by securing " the votes of the mn joiity of a colonial " legislature, can obtain the handling of " the colonial revenue, and the dispensing " of the patronage of office, in addition " to the distinction which it confers, " will scrui)le at any sacrifice of the " public interests which may be necessary " to secure those objects." If there is any truth in this somewhat plain-spoken summary of a colonist's political expe- rience, it betokens no vice or malady in colonial society, but, on the contrary, a general prevalence of industry, and an equal difi'usion of wealth. It does, however, make it desirable, before in- stituting a great central government with a vast amount of patronage, and an unlimited command of money, to pause and inquire, whether under the existing conditions of colonial society competent and disinterested candidates for the places in that government are likely to be found. If they are not, it might be a sounder, though a loss imposing policy, to be content with a simple federation for the purpose of mutual protection, confining the Federal Assembly to purely federal functions, giving its members as little patronage as possible, and assigning to them only the power of calling for the necessary contingents from the different States in place of the power of raising taxes by their own authority, and expending them with their own hands. These reflections press upon us with peculiar force when we observe the extci the publi « otii " woi " the « bov "liiii " pn " gni "pov thes' tlu'lll of bo it by parii and politi ex (on "all i "Wll( « dccl •'to Eithc calun a. < amenities of it be a little CO of ft move circle in the onist, and one ilo exporienco it down as oms for the slators, "that that there will ivs in Knerniit. Their circumstances are those of an American community, which, like the other Anglo-Saxon communities of America, has left bciiind it, in its passage over tho ocean, tho cerements of tho feudal system — hereditary aristocracy, primogeniture, entails, and the lOsta- blished Church — institutions peculiarly characteristic of the structure of IJritish society, to which, under the general law connecting the political system of a nativ^n with its si)cial state, tho Uritish constitution is adapted. Tho Esta- blished Church has been deliberately rejected by the Canadians; and aris- tocracy, tho introduction of whicli was distinctly provided for by Mr. I'itt's Canadian Act, has been, if not delibe- rately rejected, decisively repelled by the nature of the case. In no form has the hereditary principle, so essential to the orthodox creed of British consti- tutionalists, found its way into tho colonies ; for tho impotence of tho hereditary scvereign, wlio receives at a distance the nominal homage of a self- governed dependency, is delegated to a representative on the spot ; and this representative is not hereditary, but the nominee of those who represent the majority in the British Parliament for the time being. Tho new North American Parliament is to consist of two Houses. The Upper House is called the Legislative Council ; the Lower House is called the Hotxse of Commons — a relative term, in itself un- meaning, to which the authors of the schomo would probably tlunk it too adventurous to pivo a moaning by call- ing tho Upper House a House of Lords. Tho mend)ers of the Legisl'itive Council are to hold their seats for life, and are to be nominated by tlio ICxeou- tive. This arrangement certainly avoiils the objection to which a double chambir in a popular government is generally liable as a futile attempt to make tlie sovereign people put a check upon itself, whicli is ai)t to result rather in a dissipation of tlie sense of responsibility than in the imposition of a real restniiuL upon tho action of tho Lower House. But, on tho other hand, it is one tho nature and consequences of which ought to be fairly looked in the face l)et\)ro it is irrevocably odopted. It involves, as was before hinted, an important, tl>ough indirect, and, perhaps, unconscious I'ul- fdment of tho wish expressed by tho framers to perpetuate the connexion of the dependency with tho mother country. The absolute nomination of a whole branch of the Legislature by the JCxocu- tivo may, perliaps, be endured while the power is exercised by the ivpre- scutativo of a monarch, and in the monarch's name. J hit such a power, exercised by the Kxecutivo nakedly md without disguise, would scarcely bo tolerated by any community accus- tomed to responsible government and attached to popular liberty. If tho governor-general should ever be with- drawn, this part of the constitution remaining a:j it was, nobody couhl step into his place but n king. The menibcra of the Council are required to have a continuing qualiiica- tion of four thousand dollars ; and (except in the case of Prince Edward Island and Newfoiuidland) it is to be iu real property. The political distinction between real and personal projicrty was, of course, intelligible enough in feudal times, and as connected with feudal duties and services ; and it is not sur- prising that it should be found remain- ing, together with other traces of feudal- ism, in the semi-feudal constitution of England. But with reference to modei-n institutions it would seem to be obsolete, aul nol Slil bv of" pall pu th(| sull hisl hAl in anil intJ tinlj inc>il ndnl An| of a ct tion tob app lloU Tlie for witl: of Hi been tiler laud The rt'oi)oacd Const itulion for Jiritiah North America. 413 think it too ming by c;ill- •uso of Lonl8. ) Logisl'llivi; soiitH for lifo, y tho KxecMi- rtiiiiily avoii'is iUl)lo chiimhti' . is goiicrally to imvkc tliu clicck upon It rather in a rcsponsiltilitv real rostraint iowor House. it is one the f whicii ouglit face before it t involves, as Ttant, tliough conscious I'lil- essed by tho connexion of )thor country. of a whole jy tho Execu- ndured wliilo y tho repro- and in the oh a power, nakedly iiid scarcely bo iniity accus- rnnieut and rty. If tho er bo with- constitution ly couhl step IConncil aro Ing qualifica- [ollars ; and nco Edward it is to be in Ll distinction jropcrt/ was, >h in feudal [with feudal is not sur- md remuin- les of fcudal- Istitutiou of to mode r a I be obsolete, and devoid of meaning. Ileal property no hunger diHchargcs any duties to the State which are not discliarged equally by personal property ; and tho holder of a sum in railwi-y stock, or (still more piilpably) tho holder of a sum in tho ))ul)lic lands, has just as great a stake in tlie welfare of tho country, and offers as sullicient a guarantee in every way for his integrity and patriotism, as tho hv>ldcr of an equal sum in laud. Even in iuigland this hict has been perceived, and not only have wo accepted cliattel interests in land as property qualifica- tions, but the recent projects of parlia- mentary reform liavo contemplated tho admission of stock and deposits likewise. j\nd assuredly it is not on the ground of special certainty or stability that, in a culony like Canada, political distinc- tions in favour of real property ouglit to bo drawn : for there aro f-jw places, wo apprehend, where tho value of land and liiaises is more uncertain and variable. O'lie value of real pn)perty in Tjronto, for I'xample, has fluctuated enormously vithin tho last twenty years. Any kind of stuck 01 funds would, in truth, have been a far more solid possession. But there seems to be a notion that becauso laud itself is stable, proiierty in it, though it may bo tho wildest of all possible speculations, is stable also : a mere illusion, as wo need scai'cely observe. 'riic obj(>ct, however, of this peculiar provision is no doubt to be explained simply by the desire of imitating the Britisli constitution. It is an attempt on the part of the framers to create a territorial aristocracy, so far as their circumstances will permit. Perhaps they are scarcely aware how adverse those eircumstances are, or how truly tlieir instinct guided them when they re- frained from styling their Legislative Council a House of Lords. In England we have a social and proprietary order of men really eminent for wealth as the holders of large, entailed, and in many cases ancestral, estates. Out of this number the bulk of our peers aro chosen ; and they have a real qualifica- tion as members of a great plutocracy (for that is the true designation of the body), indepondont of their mere nomina- tion by a Minist' of the Crown. In a colony such as Canada, no such pro- prietary or social order exists ; no set of men there arc really eminent for wealth ; no property is ancestral or entailed ; and the riches even of tho wealthiest are but the creation of the day, which in the strange vicissitudes of colonial trade may again vanish on tho morrow. The highest property quali- fication which the framers of the Con- stitution venture to name is for their purpose almost a nullity. Twenty thousand a year strictly entailed is wealth if it is not merit. Four thousand dollars a year is neither wealth nor merit. Tho qualification of persons who have no higher territorial position than this will rest upon the minister's nomi- nation, and upon that alone. It is constantly said by tho advocates of tho House of Lords that it is a re- presentative institution ; and tliis state- ment is true in a very important, though not in th'^ most popular sense. The members of tho House of Lords do represent, and most etlectually repre- sent, tho interests of tho great class of landlords, upon tho support of which, as well as on their personal wealth and position, their authority is based. In a colony there is no such class, aud therefore the strength derived by the House of Lords from its virtually re- presentative character would be entirely wanting to the Letiislativo Council. It will perhaps bo said that in the case of a House not hereditary, but con- sisting entirely of moml)ers nominated for life, there will at all events bo no "tenth-transmitters of a foolish force;" and that personal merit will supply tho place of territorial aud social distinc- tion. But, unless a complete change comes over tho political spirit of these communities, tho chief seat of power, and the scene of the great party Jtruggles, will always bo in the popular branch of the Legislature, and a minister will not be able to afford the removal of his most effective supporters into the Upper House. The most he will bo able to aftbrd to that calm repository will pro- bably be respectable mediocrity and 414 The Proposed Constitution for liritinh North America. mtperajmuatlon ; ftiid, if a mnro power- ful man Moniotituos doniamlH a uoiniiia- tion ns tlio price of Hupport at a political crisis, thin will not niati-rially inoml the matter. Cromwell, an I'rotector, limliiig bis rarliammit .lifliciilt to manage, thought to alioviatc the difficulty l>y creating an Upper llouso of noininecs, into wliieh, to give it rospoetal)iiity, he waH obligoil to trauHfer liiH most eminent Hupporters. Tlio cotisequenco was, that the Lower llouso l)o«'anu« utterly uucou- trollahle, and the J'arlinment broke up in a storm. *' The elective constitution of the Upper House." says Mr. Tliring, in his recent ])am|ihlet on Coloi.ial K'.'form, " is a mutter of necessity. No other way "can ho devised of ])rc\ontinp: gratings "between the two Houses, tliut may re- " tard, and at last jiiit out of gear, tiie "whole machinery of government. No "system of nomination will create a " House of Peers, witii its traditions, its "experience, and its ancient prestige." It is believed that, where nominee coun- cils have been tried in the colonics, the result of the experiment attests tlie truth of Mr. Thring's position. The property qualification of the members of the Council, as was said, is to bo continuous : on its failure (au in- cident too common amidst the changes and (;liances of colonial life) the mendier is to forfeit his seat and his position. Tho constitution provides that, if any question arises as to the qualilicatiou of a coimcillor, it shall be determined by tho Council ; and it is not very likely that those who sail in the same some- what fragile bark will be extreme to mark the failure of their col- league's qualification, unless it be in a time of great party excitement. Other- wise it is hard to imagine a severer test of a man's veracity and integrity than a law threatening him with what would be in fact a penal degradation upon his ceasing to make a return of bis income above a certain amount. Our own pro- perty qualification for the House of Comuiuns was relinquished, it is be- lieved, partly on the ground that the qualihcations tendered were sometimes of a merely colourable kind. There nccms good reason to doiibl whether Providoneo, in ordering the courHO of man's political ilevelopment, has willed that aristocracy shouhl be extended to tho New World, which ap pears to present on tiio one hand none of the conditions liistoricallv known as essential to the existeiiei" of such nn institution ; and, 0:1 the other hand, none of tho jtolitical exigencies which, in the j)rogresH of a feudal monarchy in Kuropc towards constitutional lilierty, the action of the nobility, as an inter mediate power between the king and the people, U! (juestioiialdy NUppliod. And, if this institution is really alien to these communities, it will be, when in- fused into tlurir veins, a political and social poison, which nature may perhaps expel liy an effort as violent and lerrii)le as tlint liy which the jjoison of s'avery is now being thrown oil'. lb behove.) the legislator, therefon;, before he takes any step in this direction, to cast all prejudice and everything that is merely of the hour aside, ami deliberately to assure himself that his work will be permanently good. There lies before us a pile — literally a pile — of documents, emliodying the recent constitutions of Kuropciin notions framed in mistaken and unseasonable imitation of tho institutions which po- litical circumstances ot a very peculiar kind have establisheil in this country, and the balance of which a national tem- ])erament almost equally peculiar en ables our people to preserve. Hurope is covered with Jie wreck of these imita- tions, and, what is still more deplorable, with the wreck of political I'aith. After ages will moralize on tho hallucination under which an exceptional and tran- sitional state of things, marking tho last phase ii. the existence of an old feudal monarch v, has been regarded, and con- fidently proj)agated, as the normal and final state of man. The result in each case is that aifairs have come or ^ro coming to a dead-lock, through which a way is violently made, according to tho relative magnitude of the political forces entangled in it, either by popular revo- lution or military usurpation. In tho case of British North America, if an th The Proposed CoMtitution for Britinh North Amt^rica. 416 m to (loul)t, Driloring the ilovrlopiiioiit, y nIiouM be 1(1, which ap- 10 hivntl none lly known i\h of huoh nn dtlicr Imjj.l, MUJU's which, lUDiiarcliy in loiiiil liberty, 11(4 an inter ho kinj< and ly Mipplied. •eully alien to 1)0, when in- politieal and I may perhaps t and leri'ihle dU of h' livery It hehovc.j ;foro ho takoR I, to cast all hat is nu-rely eliherutclv to iVurk will bo — literally a liod villi; the j)ean notions nnscasonable ns which po- ery peculiar his country, lational toni- pecnliar en e. Kuropo is tiieso iniita- deplorable, I'aith. After allucinatiou il and tran- kin^' the last III I old fcndttl ed, and con- normal and lilt in each lomo or '^ro [gh which a rding to the llitical forces jpnlar revo- lou. la the lerica, if au Exooutivo withnti minoo senate is jdaced in oppoHitionto a popular nHNcmbly, the E.M'cutivc having no slandiiiR army, the cliaueeH aro that wIkmi tlio nominee Bcuato hiiM become HnlFuMentlyohrttrnctive and eonupt to provoke general hatred, tho tJovernment will be overturned. It has been hinted that bho arranfi^o- mont of two cliamliers in a popular government is futile as an attompt to make tho sovereign people, whose will is inevitably supreme, |)laoo a cheek upon itself. It is perfectly true that this arriiugoment is in fasliioii, and that in some of tho Stales of America, where there was not originally a secoiul cham- ber, it has been ado[)UMl after eAperionco of the other plan. lUit tiie virtue t>f tho double chamber really lies, it is apprehended, not in its being double, but ill tho diilerent periods for whieli the members of llie two Houses aro elocled. While this is the case, though the whole Legislatuie is an emanation of tho will of the ]»e(iple, and will be so, contrive what muciiiiiery you will, it is not an emanation from their mo- mentary passion. The surest way to secure this vital object is to avoid general electii)ns. Jn the early period of our constitution tho King ami liis (Amui'il were tho Gtivei-nmeiit : the Par- liament was Kuiiiinoiied only to confer with them on special subjects, and to grant them su|)plies in special exigen- cies ; and general elections were then natural and harmless. Now, the Par- liament is t!ie (lovernment, the Cabinet being in fact a standing euinmitteo of its members; and tlio system which exposes the whole tJovernment to the liability of being cluinged in an hour under tho inilueiieo of a transient gust of national opinion is a nianifL'st evil. 'J'iio mischief is completed by the prac- tice of penal dissolutions. Both prac- tices aro faithfully adoptel into tho British American constitution. Uovcrnmcnt by jtarty, according to the English model, is also distinctly contemplated ; for a rather na'ii'e pro- vision is made that the claims of the Opposition shall n<'b be overlooked in tho first appointment of members to the Legislative Council. The parties of England nro groat historical jiarficH, and embody real principles ; or rather, tho Liberal party reproscnts the nioiloni and Protestant element of tho nation in its protracted and wavering ollort to throw olV the remains of the feudal system, and placo society and religion on a rational foundation. This both lends stability to the parties and to tho governments which thoy produce, and saves their eonllict from degenerating into a merely factious or mercenary struggle for placo and power. In coloiiius there are no historical parties, nor, as tin; feudal principles on which the Tory i..iiiy rests have iiovf j)riuciplo, on which a real party division can bo based. The so-called parties aro consei|ueutly mere cabals, and. if a tithe of what the colonial journals say is to bo boliovcd, cabals, not only of the most factious, but of the most mercenary kind. The govern- ments which emanate from these aro for tho same reason totally devoid of stability ; and if any really great ques- tions W(!rc eoncernod tho conseiptences would be disastrous. In the United States, ill like manner, the parties were devoiil of significance and dignity till tho iiuestion of slaveiy. long suppressed ami excliiiled from legislilive discussion, forced itself into tho foreground, when the struggle of factions for office merged at once in a civil war. Tho freciuent changes of government, which charac- terize all the I'ritifih colonics, were pre- vented in the , ■ ) of the United States by the existonci of an Executive ema- nating from tho pojmlar will, indepen- dently of the Legislature, and powerful enough to carry on the administration for its four years of office by its own authority, even in the teeth of an adverse majority in Congi-ess. The executive government is, in words before quoted, " vested in the " sovereign of the United Kingdom of " Croat Britain and Ireland." and is " to be administered according to tho " well-understood principles of the " British constitution, by the sovereign " personally, or by the representative " of the sovereign duly authorized." 416 The Ptopoaed Constitution for British North America. H m The authors of this solemn declaration know perfectlj' well that they would never permit the representative of the British sovereign, much less the sove- reign personally, to perform a single act of government. In England, their original seat, these constitutional fic- tions, tacitly interpreted by practice, are comparatively unobjectionaLIe. They are analogous to the legal fictions by which the spirit of our old law was liberalized, when prejudice would not permit an altei'ation of its consecrated forms. But when they are transplanted, and embodied in the written enactments of a new consLltution, they become at once degrading and injurious. Put the reality in place of the figment in the case before us — say, in plain and honest terms, that an executive power of limits undefined by the constitution, together with the power of nominating the Upper House of the Legislature, shall be \ested in the leader of the party having Ihe majority for the time being, whose acts shall be called those of the Crown — and the whole arrangement will assume a very different complexion. Politics are not so opposite in their nature to any other department of human action as to admit of the advantageous or even the innocuous use of hypocrisy and self- delusion. And this brings us to the last point we have here to mention. The powers of the North American Parliament are expressed to be conferred with a due reservation of the " sovereignty of Eng- land." It has become necessaiy without further delay to ascertain in what, practically speaking, this sovereignty consists. Wo have referred to the pamphlet on Colonial Eeform, by Mr. Thring, which comes into our hands while we are writing these remarks. Mr. Thring is, if we may venture to say so, under the full influence of the natural but delusive metaphor which has so deeply infected common ideas and general legislation respecting the colo- nies. Because England is in a poetical sense the mother of her colony, he, like other writers, thinks it necessary to provide a political apparatus for nursing and weaning the child ; the truth being that the English constituencies which make up the "mother country" are quite incapable of discharging maternal functions towarus colonists far removed from the range of their observation and interest, and at leas\< as intelligent and as fitted for self-government as theui- selves. But he distinctly sees that, so much having been recently concaded to the colonies, it must be settled what the mother country has retained for herself, and what authority she is to enjoy in return for the heavy expense and still more onerous danger of the connexion. His view of colonial inde- pendence is liberal enough, but among the powers which ho reserves as essential to the sovereignty of the mother country is that of regulating commerce between the different colonies and other parts of Her Majesty's dominions. This he justly deems requisite " in order to prevent *' the imposition of improper duties on " imports and experts, in contravention *' of free trade and common sense." That a British dependency claiming to be an integral part of the empire, and requiring to be defended as such by British arms, should impose protective duties on British goods, is surely not only injurious to the Imperial Govern- ment, but ignominious. Yet this Canada does, and she laughs all com- plaints to scorn Assuredly a complete resettlement of the North American colonies ought not to be ratified without an express engagement, one way or the other, on this point. Mr. Thring would also take security for the provision by the colony of a reasonable quota of men and money in case of war. He exercises his charity in fiD(''ng an excuse for the absence in the present resolutions of any proposition to that effect. Hope is inextinguishable. We are now in the fifth year of the American civil war. We have been coaxing and scolding Canada, and she has been making the most gallant and satisfoctory professioi.b all the time. Mr. Thring can easily learn whether she has now, or whether there is any practical prospect of her having, a single man or gun ready to take the field. GoLDWiN Smith. ^ bnoies which iountry" are ing maternal far removed lervation and telligent and int as them- sees that, so ly concaded settled what retained for ty she is to lavy expense mger of the olonial inde- , but among s aR essential ther country erce between ther parts of 'his he justly to prevent >er duties on ^ntravention non sense." claiming to empire, and as such by e protective I surely not *ial Govern- Yet this tis all com- r a complete I American fied without way or the ike security jolony of a d money in is charity in sence in the proposition inguishable. ^ear of the have been ia, and she gallant and the time. Trhether she re is any ng, a single e field. IN Smith.