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The imagat appearing hara ara tha baat quality 
 poaaibia conaidaring tha condition and lagibiiity 
 of tha original copy and in Icaaping with tha 
 filming contract apacifications. 
 
 Laa imagaa auivantaa ont Ati raproduitaa avac la 
 plua grand aoin, compta tanu da la condition at 
 da Ifi nattatA da I'axamplaira film*, at an 
 conformit4 avac laa conditiona du contrat da 
 filmaga. 
 
 Tha laat racordad frama on aach microficha ahall 
 contain tha aymbol — »>(maaning CONTINUED"), 
 or tha aymbol V (moaning "END"), whichavar 
 appliaa. 
 
 Un daa aymboiaa auivants apparattra aur la dar- 
 nlAra Imaga da chaqua microficha, aalon la caa: 
 la aymbola — ► algnlfia "A SUIVRE", la aymbola 
 y algnlfia "FIN". 
 
 Tha original copy waa borrowad from, and 
 f ilmad with, tha icind cona«nt of tha following 
 inatitution: 
 
 Library of tha Public 
 
 Archivaa of Canada 
 
 IVIapa or plataa too iarga to ba antlraly includad 
 in ona axpoaura ara filmad baginning In tha 
 uppar laft hand cornar, laft to right and top to 
 bottom, as many framas as raquirad. Tha 
 following diagrams illustrata tha mathod: 
 
 L'axamplaira film* fut raproduit grAca A la 
 g^nArositA da ritabiiaaamant prAtaur 
 auivant : 
 
 La bibllothAqua daa Archivaa 
 
 publlquaa du Canada 
 
 Laa cartas ou las planchas trop grandaa pour Atra 
 raproduitaa an un saul cllchA aont fllmAaa A 
 partir da I'angia supArieura gaucha, da gaucha A 
 drolta at da haut an baa, an pranant la nombra 
 d'imagaa nAcaaaaira. La diagramma auivant 
 illustra la mAthoda : 
 
 1 2 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
m 
 
 X-XI-XII 
 
 FEDERAL GOVERNMENT 
 
 IN 
 
 CANADA 
 
JOHNS HOPKINS UNIVERSITY STUDIES 
 
 nr 
 
 Historical and Political Science 
 
 HERBERT B. ADAMS, Editor. 
 
 HlBtory is past Politics and PoUUcs present History — /fVecman. 
 
 SEVENTH SERIES 
 
 X-XI-XIl 
 
 FEDERAL GOVERNMENT 
 
 m 
 
 CANADA 
 
 By JOHN G. BOURINOT, Hon. LL.D., D. C. L. 
 
 Chrk <V theUouse of Commons qf Canada; Honorary Secretary of the Royal Society of Canada; Author 
 V rarltamentary Practice and Procedure in Canada, Manual qf (Ae ConatUutional HUtory 
 of Canada, local Oovemment in Canada (in John* aopkin» Univeriity 
 Studies, nth Series, t-W.) 
 
 BALTIMOBE 
 
 N. MCBBAY, PCBUCATION AGENT, JOHHS HOFKINS UNrVBBSITT 
 
 October, Noremb«rf December, 1888 
 
/" 
 
 Ck>PYBIOHT, 1889, BY N. MUBRAY. 
 
 JOHN HUBPHY A CO., PBINTBBS. 
 BAI/IIMOBB. 
 
TAB1.E OF CONTENTS. 
 
 PAoa. 
 Lecture I. Historical Outline op Political Development... 7 
 
 II. General Features op the Federal System 29 
 
 III. The Government and the Parliament 77 
 
 IV. The Provincial Governments and Legislatures.. 121 
 
/^ 
 
 C!0BRIGENDA. 
 
 Page 32, line 21, fm third 
 " 130, " 17, " two or three 
 " 147, " 22, " $1500 
 
 read fourth. 
 " five. 
 " $10,000. 
 
 '*•> -"■"> <piouw •' $10 000. 
 
 "Jt^' u oJ " legislative department " judicial'department. 
 151, 20, another by-law " the question again. 
 
FEDERAL GOVERNMENT IN CANADA. 
 
 LECTURE I. 
 
 HISTORICAL OUTLINE OF POLITICAL 
 DEVELOPMENT. 
 
 In the course of this anu the following lectures/ I propose 
 to direct your attention to the Federal constitution of the 
 Dominion of Canada. My review of the system of govern- 
 ment which we now possess must necessarily be limited in its 
 scope. I can but give you an outline of its leading features 
 and a very imperfect insight into its practical operation. I do 
 not pretend to do more than lay before you a mere sketch — 
 perhaps not more than a tracing of the architect's work — and 
 point out the strength and harmony of the proportions of the 
 national structure which Canadian statesmen are striving to 
 perfect oil the northern half of the continent. At the same 
 time I shall endeavor to indicate what seem, in the opinions 
 of competent authoritias, to be such defects and weaknesses as 
 must always, sooner or later, show themselves in the work of 
 human hands. 
 
 It is necessary that I should at the outset briefly trace the 
 various steps in the political development of British North 
 America, so that you may the more clearly understand the 
 
 • These fonr lectures were read during the month of May, 1889, before 
 Trinity University, Toronto, Canada, and are now printed for the first time 
 with some notes and additions to the text. 
 
 7 
 
T7^ 
 
 8 
 
 Federal OovemmerU in Canada. 
 
 [464 
 
 origin and nature of our present system of government. Nor 
 can I well leave out of the consideration some references to 
 the political institutions that existed in Canada previous to 
 1769-60. Such a review will not give any evidence of polit- 
 ical progress, but it would be very incomplete if it did not 
 lay before you the characteristics of a system of government 
 which is not simply interesting from an antiquarian or his- 
 torical point of view, but also on account of the comparisons 
 it leads us to make between the absolutism it represented and 
 t'le political freedom which has been the issue of the fall of 
 Quebec in 1759, and of the supremacy of England in Canada. 
 
 But there is another importjint consideration which renders 
 it absolutely necessary that I should give more than a passing 
 allusion to the l^^rench period of Canadian history. Though 
 more than a century and a quarter has passed since those days 
 of the French regime, many of the institutions which were 
 inherited from old France have become permanently estab- 
 lished in the country, and we see constantly in the various 
 political systems formed in Canada from time to time the 
 impress of those institutions and the influence of the people of 
 French Canada. 
 
 As the most convenient method of dealing with this part of 
 my subject, I shall leave the consideration of the political 
 development of Nova Scotia and the other small provinces 
 until the last lecture, when I come to review the present con- 
 stitution of their governments and legislatures. I shall con- 
 fine myself for the present to the political history of the large 
 country generally known as Canada until 18()7, and now 
 divided into the provinces of Ontario and Quebec. This 
 history may be properly divided into several Periods, varying 
 in the number of years from the time Champlain laid the 
 foundation of the French colony on the banks of the St. Law- 
 rence, down to the establishment of the system of federation. 
 
 First of all we have the period when France claimed do- 
 minion over the cxteusivo ill-defined territories watered by the 
 St. Lawrence and the j. at Lakes and including the valleys 
 
465] 
 
 Federal Ooveimment in Canada. 
 
 9 
 
 of the Ohio and the Mississippi Rivers. During this period 
 which lasted from 1608 to 1769-60, — for it is not necessary 
 to refer to the abortive exjiedition of the Marquis de la Roche 
 or to the voyages of Jacques Cartier which did not lead to 
 immediate colonization, — Canada was under the control for 
 a number of years of proprietary governments chartered by 
 the king to carry on trade in the country whose furs were 
 already highly vahied in the markets of Europe. In those 
 days of chartered corporations the governor was radically 
 supreme and exercised executive, legislative and judicial powers 
 with the assistance of a council which he consulted according 
 to his pleasure. By 1663, however, Louis XIV. decided under 
 the advice of the eminent statesman Colbert to take the gov- 
 ernment of Canada into his own hands, but the measures he 
 proposed wen; for a while kept in abeyance on account of a 
 charter for commercial purposes being granted to a new com- 
 pany under the influence of courtiers anxious to use the colony 
 for their own selfish purposes. But Colbert was ambitious to 
 extend the commerce of France and establish colonies wherever 
 she had a foothold, and in this respect he was wise above 
 statesmen of his day. Accordingly we find that on the failure 
 of the new company to realize its expectations no fresh effort 
 was made in the same direction, but the plans of 1663 were 
 carried out in 1674 and the king and his minister took all the 
 measures necessary to establish beyond legal doubt a regular 
 system of government in accordance with the autocratic spirit 
 which characterized regal power in those days. It has been 
 well observed by the historian Parkraan that the governor of 
 Canada as well as the intendant, the next most important if 
 not indeed in many ways the most important functionary of 
 state, were to all intents and purposes in point of authority, 
 the same officials who presided over the affairs of a province 
 of France. In Canada as in France governors-general had 
 only such powers as were expressly given them by the king 
 who, jealous of all authority in others, kept them rigidly in 
 check. In those days the king was supreme ; " I am the state " 
 2 
 
10 
 
 Federal Government in Canada. 
 
 [466 
 
 said Louis Quatorze in the arrogance of his power. The 
 feudal system of France had' been long since deprived of its 
 dangers to the monarch and the nobles of the once proud 
 feudal families, who in old times had even defied their feudal 
 chief, were now kept within the courtly precincts to pay him 
 homage and obey his commands. The three estates, the nobles, 
 clergy and tiera Hatj or the " nation," still existed in name, 
 but while the first was stripped of real power and the second 
 exercised its usual influence on the conscience of the de- 
 vout the people groaned under the exactions of the king and 
 his courtiers. The states-general never assembled to give voice 
 to the complaints of the nation and provide redress. We find 
 there were Parliaments that assembled at stated periods at Paris, 
 Rouen and other important places but in no respect did they 
 resemble that great council of the English people which from 
 the earlier days of English history has been so often a check 
 on kingly assumptions. The Parliaments of France were 
 purely of a judicial character, and though at times they served 
 as a curb on the absolutism of the king, as a rule they were 
 under his control, and forced under all circumstances to reg- 
 ister his decrees, however objectionable they might be. In 
 view of such facts it is easy to understand that there could be 
 no such things as free government or representative institu- 
 tions in Canada, like those enjoyed from the very commence- 
 ment of their history by the old English colonies which were 
 founded almost contemporaneously with the settlement of 
 Acadia and Canada by De Poutrincourt and Champlain. 
 
 The governor had command of the militia and troops, and 
 was nominally superior in authority to the intendant, but in 
 the course of time the latter became virtually the most influ- 
 ential officer in the colony, and even presided at the council 
 board. This official, who had the right to report directly to 
 the king on colonial affiiirs, had large civil, commercial and 
 maritime jurisdiction, and could issue ordinances on his own 
 responsibility which had full legal effect in the country. Asso- 
 ciated with the governor, and intendant was a council, com- 
 
 ^ 
 
467] 
 
 Federal Government in Canada, 
 
 11 
 
 prising in the first instance five, and, eventually, twelve 
 persons chosen from the leading people of the country. The 
 change of name from the " Supreme Council " to the " Supe- 
 rior Council " is of itself some evidence of the determination 
 of the king to restrain the pretensions of all official bodies 
 throughout the kingdom and its dependencies. This body 
 exercised legislative and judicial powers, and was a court of 
 appeal from the judicial functionaries at Quebec, Montreal 
 and Three Rivers, the principal towns of the three districts 
 into which the country was divided for the administration of 
 justice in accordance with the Ckmtume de Paris. The Bishop 
 was a member of the council, and the history of the colony is 
 full of the quarrels that arose between him and the governor 
 on points of official etiquette, or with respect to more import- 
 ant matters affecting the government of the country. The 
 Roman Catholic Church, from the very first settlement of 
 Canada, was fostered by express provisions in the charters of 
 the incorporated commercial companies. The causes that 
 assisted in the colonization of the French colony were trade 
 and religion, and the priestly missionary was as frequent a 
 visitor in the camp of the Indian tribes as the Cbureur de bois, 
 who wandered over the Western wilderness in the days of the 
 French r6gime. When tlie king assumed the government, the 
 bishop and his clergy continued to increase their power and 
 wealth, and by the time of the conquest the largest landed 
 proprietors, and in many respects the wealthiest, were the 
 church and its communities. The seigniory soon gave way to 
 the parish of the church, as a district for local as well as 
 for ecclesiastical purposes. Tithes were imposed and regulated 
 by the government, and as the country became more populous 
 the church grew in strength and riches. It held always under 
 its control the education of the people, and was then, as now, 
 the dominant power in the country. 
 
 The king and the council of state in France kept a strict 
 supervision over the government of the colony. An appeal 
 lay to the king in all civil and criminal matters, b'lt the dis- 
 
 "m 
 
1 
 
 12 
 
 Federal Government in Canada. 
 
 [468 
 
 tance between Paris and Quebec, in those days of slow com- 
 munication, tended to keep up many abuses under which the 
 people suffered, and it is easy to explain how it was that an 
 unscrupulous intendant like Bigot was able to cheat the Cana- 
 dians for so many years with impunity and amass large wealth 
 by the most disgraceful peculation and jobbery. 
 
 We look in vain for evidence of popular freedom or material 
 prosperity during these times. The government was autocratic 
 and illiberal, and pn.otically for many years in the hands of 
 the intendant. Public meetings were steadily repressed and 
 even the few that were held in those early days on occasions of 
 public emergency could be called only at the instance of the 
 authorities. No system of municipal government was estab- 
 lished, and the efforts to elect aldermen for civic purposes in 
 Quebec were almost immediately rendered ineffectual by the 
 open or insidious hostility of the governing powers. Some 
 semblance of popular representation was given for a while by 
 the election of "syndics," a class of officials peculiar to French 
 local administration, though we can trace their origin to the 
 Greeks. The French Canadian colonists had in all probability 
 brought with them among their customary rights that of choos- 
 ing an agent for the special purpose of defending the interests 
 of a community whenever necessary before the authorities, 
 but in accordance with the principles that lay at the basis of 
 the Canadian government, the people soon found themselves 
 incapable of exercising what might have been a useful muni- 
 cipal office, and might have led to the extension of popular 
 privileges. It is not strange, then, that the hahitarda of the 
 seigniories, as well as the residents in the towns, lived for the 
 most part a sluggish existence without any knowledge of, or 
 interest in the affairs of the colony, which were managed for 
 them without their consent or control, even in cases of the 
 most insignificant matters. Even trade was in fetters. Cana- 
 dians could only deal with France, in conformity with the 
 restrictive policy of those times when colonies were considered 
 simply feeders for the commerce of the parent state. 
 
469] 
 
 Federal Government in Canada. 
 
 13 
 
 It may be urged with truth that the French Canadian had 
 no knowledge of those free institutions which Englishnuru 
 brought to this continent as their natural birthright. The 
 people of France w^re crushed beneath the heels of the king 
 and nobles, and the Norman or Breton was hardly a freeman 
 like an Englishman of Devon or Kent. But transplanted to 
 the free atmosphere of this continent, and given some oppor- 
 tunities for asserting his manhood, the bold courageous native 
 of Brittany or Normandy might have sooner or later awaked 
 from his political lethargy, and the conquest might have 
 found him possessor of some political rights and in many 
 respects an energetic member of the community. This was, 
 however, impossible in a country where the directions of the 
 king and his pliant ministers were always to the effect that 
 liberty of speech should be rigidly repressed. Even the Mar- 
 quis of Frontenac, when governor, was told in very emphatic 
 terms that he made a grievous mistake when he presumed 
 to advise the assembling of the Canadians on the plan of the 
 &at8 gin^aux of France ; a piece of presumption, indeed, when 
 the representative assemblies were never called together even 
 in the parent state. 
 
 We must now come to the Second Period in our political 
 history, which dates from that hour of humiliation for France 
 and her Canadian offspring, the capitulation of Quebec and of 
 Montreal in 1759-1760. This was the commencement of 
 that new era during which the French Canadians were grad- 
 ually to win for themselves the fullest political freedom under 
 the auspices of England. The second period may be con- 
 sidered for the purposes of historical convenience, to be the 
 transition stage from the conquest until the granting of repre- 
 sentative institutions in 1791. I call it a transition stage 
 because it illustrates the development from the state of com- 
 plete political ignorance that existed at the time of the conquest 
 to the state of larger political freedom that the constitutional 
 act of 1791 gave to the people of Canada. During this 
 transition period it is interesting to notice the signs t'"'^t the 
 
14 
 
 Federal Government in Canada. 
 
 [470 
 
 French Canadian leaders gave from time to time of their 
 comprehension of self government, even within a quarter of 
 a century from the day they emerged from the political dark- 
 ness of their own country under the French regime. Several 
 political facts require brief mention in this connection. From 
 1760 to 1763 when Canada was finally ceded to Great Britain 
 by the Treaty of Paris there was a military government as a 
 necessary consequence of the unsettled condition of things, 
 but it does not demand any special consideration in this review. 
 Then King George III issued his famous proclamation of 
 1763,^ and by virtue of the royal prerogative established a 
 system of government for Canada. The people were to have 
 the right to elect representatives to an assembly, but the time 
 was not yet ripe for so large a measure of political liberty, if 
 indeed it had been possible for them to do so under the in- 
 structions to the governor-general, which required all persons 
 holding office or elected to an assembly to take oaths against 
 transubstantiation and the supremacy of the Pope. This 
 proclamation which was very clumsily framed in the opinioii 
 of lawyers created a great deal of dissatisfaction, not only for 
 the reason just given but on account of its loose reference to 
 the system of laws that should prevail in the conquered 
 country. As a matter of fact the ordinances issued by the 
 governor and executive council that now governed Canada, 
 practically went to establish both the common and the criminal 
 law of England to the decided inconvenience and dissatisfac- 
 tion of the French Canadians accustomed to the civil law of 
 France. But events were shaping themselves in favor of the 
 French Canadians or " new subjects " as they were called in 
 those days. The difficulty that had arisen between England 
 and the old thirteen colonies led her statesmen to pay more 
 attention to the state of Canada and to study the best methods 
 of strengthening their government in the French colony, where 
 
 ^ Issued 7th October, 1763. See text at the end of third volume of Cart- 
 wright's Cases on the British North America Act. 
 
471] 
 
 Federal Government in Canada. 
 
 15 
 
 the English element was still relatively insignificant though 
 holding practically the reins of power by means of the execu- 
 tive council and the public offices. In 1774 the parlia- 
 ment of Great Britian was for the first time called upon 
 to intervene in the affairs of Canada and passed the act 
 giving the first constitution to Canada, generally known 
 in our history as the Quebec act.^ During the same session 
 were passed a series of acts with the object of bringing the 
 colonists of New England into a more humble and loyal state 
 of mind ; for the cargoes of tea, inopportunely despatched to 
 different colonial ports, had been already destroyed, and the 
 discontent that prevailed generally in the colonies, especially 
 in Massachusetts, had reached a crisis. The Quebec act was 
 in the direction of conciliating the French Canadians, who 
 naturally received it with much satisfaction. The English, 
 on the other hand, regarded it with great disfavor, and the 
 same may be said of the people of the old thirteen colonies, 
 who subsequently, through their Congress, stated their objec- 
 tions in an appeal to the people of Great Britain, and declared 
 it to be '^ unjust, unconstitutional, and most dangerous and 
 destructive of American rights." The act established a legis- 
 lative council nominated by the crown, and the project of an 
 assembly was indefinitely postponed. The French Canadians 
 were not yet prepared for representative institutions of whose 
 working they had no practical knowledge, and were quite 
 content for the time being with a system which brought some 
 of their leading men into the new legislative body. All their 
 experience and traditions were in favor of a governing body 
 nominated by the king, and it required time to show them the 
 advantage of the English system of popular assemblies. But 
 what made the act so popular in Lower Canada was the fact 
 that it removed the disabilities under which the French Cana- 
 dians, as Roman Catholics, were heretofore placed, guaranteed 
 them full freedom of worship, and placed the church, with the 
 
 1 Imp, Act, 14th Geo. Ill, cap. 83. 
 
16 
 
 Federal Government in Canada. 
 
 [472 
 
 exception of the religious orders, the Jesuits and Sulpitians/ 
 in complete possession of ineii valuable property. The old 
 French law wr estored in all matters of controversy relating 
 to property anu civil rights. The criminal law of England, 
 which was, in the opinion of the French Canadians, after an 
 experience of some years, preferable to their own system on 
 account of its greater mildness and humanity, was to prevail 
 throughout the country. The hostile sentiment that existed 
 in Canada, and the old thirteen colonies arose in a great 
 measure from the fact that the civil law of France was 
 applied to the English residents not only in the French section, 
 but to the large area of country extending to the Mississippi 
 on the west, and the Ohio on the south, so as to include the terri- 
 tory now embraced by the five States northwest of the Ohio. 
 While this act continued in force various causes were at 
 work in the direction of the extension of popular government. 
 The most important historical fact of the period was the com- 
 ing into British North America of some forty thousand persons, 
 known as United Empire Loyalists, who decided not to remain 
 in the old thirteen colonies when these foreswore their allegi- 
 ance to the king of England. Few facts of modern times 
 have had a greater influence on the destinies of a country than 
 this immigration of sturdy, resolute and intelligent men, united 
 by high principles and the most unselfish motives. They laid 
 the foundations of the provinces now known as New Bruns- 
 wick and Ontario, and settled a considerable portion of Nova 
 Scotia. From the day of their settlement on the banks of the 
 St. John, Niagara and St. Lawrence rivers, and in the vicinity 
 of Lakes Ontario and Erie, they have exercised by themselves 
 and their descendants a powerful influence on the institutions 
 
 ''The Sulpitians, ..^ho are a very wealthy corporate body, were left in 
 possession of their property, but it was not nntil 1839 that they received 
 legal recognition. The Crown took formal possession of the property of the 
 Jesuits in 1800 on the death of the last representative of the order in 
 Canada. See Lecture II, and Lareau, Histoire du Droit Canadien, II, 
 pp. 195-200. 
 
473] 
 
 Federal Government in Canada. 
 
 17 
 
 of Canada, not unlike that exercised by the descendants of the 
 New England pioneers throughout the American Union ; and 
 it is to them we owe much of that spirit and devotion to 
 England which has always distinguished the Canadian people 
 and aided to keep them, even in critical periods of their history, 
 within the empire. 
 
 In view of the rapidly increasing English population of 
 Canada and of tlie difficulties that were constantly arising 
 between the two races, — difficulties increased by the fact that 
 the two systems of law wer-^ constantly clashing and the 
 whole system of justice was consequently very unsatisfactorily 
 administered, — the British government considered it the 
 wisest policy to interfere again and form two separate pro- 
 vinces, in which the two races could work out their own future, 
 as far as practicable, apart from each other. This was a very 
 important change in its far-reaching consequences. It was 
 not merely another remarkable step in the political develop- 
 ment of Canada, but it was to have the effect not only of 
 educating the French Canadians more thoroughly in the 
 advantages of self-government but of continuing the work 
 which the Quebec Act practically commenced, and strength- 
 ening them as a distinct nationality desirous of perpetuating 
 their religion and institutions. 
 
 The passage of the Constitutional Act of 1791^ is the 
 beginning of the Third Period in the political history of 
 Canada, which lasted for half a century until it was found 
 necessary to make another important change in the constitu- 
 tion of the provinces. This Act extended the political liber- 
 ties of the people in the two provinces of Upper Canada and 
 Lower Canada — now Ontario and Quebec — organized under 
 the Act, since it gave them a complete legislature, composed 
 of a governor, a legislative council nominated by the crown, and 
 an assembly elected by the people on a limited franchise, prin- 
 cipally the old forty shilling freehold system so long in vogue 
 
 ^Imp. Act, 31 Geo. II, Cap. 31. 
 
18 
 
 Federal Government in Canada. 
 
 [474 
 
 
 in English speaking colonies. The object was, as stated at 
 the time, to separate the two racey as much as })os8ible and to 
 give both a constitution resembling that of England as far as 
 the circumstances of the country would permit. 
 
 The history of the two provinces, especially of French 
 Canad ' undei- the operation of the Oonstitutional Act of 1791, 
 is full L ;' instruction for the statesman and political student. 
 It illustrates the fact which all history teaches, that the political 
 development of a people must be always forward the moment 
 their liberties are extended, and that the refusal of franchises 
 and privileges necessary to the harmonious operation of a 
 government is sure sooner or later to breed public discontent. 
 I do not purpose to dwell on well-known historical facts, 
 but there are a few considerations bearing on this review of 
 political development which I shall briefly mention. In the 
 first place the constitution of 1791, though giving many con- 
 cessions and privileges to the provinces, had an inherent weak- 
 ness, since it professed to be an imitation of the British 
 system, but failed in that very essential principle which tlie 
 experience of England has proved is absolutely necessary to 
 harmonize the several branches of government; that is the 
 responsibility of the executive to parliament, or more strictly 
 speaking to the assembly elected by the people. The English 
 representatives in the province of Upper Canada soon recog- 
 nized the value of this all important principle of parliamentary 
 government according as they had experience of the practical 
 operation of the system actually in vogue ; but it is an admitted 
 fact that the French Canadian leaders in the assembly never 
 appreciated, if indeed they ever understood, the constitutional 
 system of England in its full significance. Their grievances, 
 as fully enumerated in the famous resolutions of 1834, were 
 numerous, but their principal remedy was always an elective 
 legislative council, for reasons quite intelligible to the student 
 of those times. The conflict that existed during the last 
 thirty years of this period was really a conflict between the 
 two races in Lower Canada, where the French and elective 
 
 m 
 
475] 
 
 Federal Oovei-nmenJt in Canada. 
 
 19 
 
 element predominated in the Assembly, and the English 
 and official or ruling element in the logislative council. The 
 executive government and legislative council, both nominated 
 by the crown, were virtually the same body in those days. 
 The ruling spirits in the one were the ruling spirits in the 
 other. The English speaking people were those rulers, wlio 
 obstinately contested all the questions raised from time to time 
 by the popular or French par*/ in the assembly. In this 
 contest of race, religion and politics the p&ssions of men 
 became bitterly inflamed and an impartial historian must dep- 
 recate the mistakes and faults that were committed on both 
 sides. But looking at the record from a purely constitutional 
 point, it must be admitted that there was great force in the 
 arguments presented by the assembly against many anomalies 
 and abuses that existed under the system of government. 
 They were right in contending for having the initiation and 
 control of the public expenditures in accordance with the prin- 
 ciples of parliamentary government. The granting of supply 
 is essentially the privilege of a people's house, though no 
 measure can become law without the consent of the upper 
 house, which may reject, but cannot amend a revenue or 
 money bill. Another grievance was the sitting of judges in 
 both houses. While the British government soon yielded 
 to the remonstrances of the assembly, and instructed the 
 governor to consent to the passage of an act to prevent the 
 continuance of this public wrong — for it cannot be considered 
 otherwise — of judges having a seat in the assembly, they were 
 permitted to remain both in the executive and legislative 
 councils for neaily the duration of the constitutional act. It 
 was not until the assembly endeavored to impeach the judges 
 year after year, and deluged the imperial parliament with 
 addresses on the subject, that this grievous defect disappeared 
 from the political system. 
 
 In Upper Canada the political difficulties never assumed 
 so formidable an aspect as in the French Canadian section. 
 No difference of race could arise in the Western province, and 
 
■^^ 
 
 20 
 
 Federal Oovemment in Canada. 
 
 [476 
 
 the question of supplies gradually arranged itself more satis- 
 factorily than in Lower Canada, but in course of time there arose 
 a contest between officialism and liberalism. An official class 
 held within its control practically the government of the pro- 
 vince. This class became known in the parlance of those 
 days as the " family compact," not quite an accurate designa- 
 tion, since the ruling class had hardly any family connection, 
 but there was just enough ground for the term to tickle the 
 taste of the people for an epigrammatic phrase. The clergy 
 reserves question grew out of the grant to the Protestant 
 Church in Canada of large tracts of land by the constitutional 
 act, and was long a burning dominant question in the contest 
 of parties. The reformers, as the popular party called them- 
 selves, found in this question abundant material for exciting 
 the jealousies of all the Protestant sects who wished to see the 
 Church of England and Church of Scotland deprived of the 
 advantages which they alone derived from this valuable source 
 of revenue. 
 
 The history of this period, however full of political mis- 
 takes, is interesting since it shows how the people, including 
 the French Canadians, were learning the principles on which 
 parliamentary government must rest. It was history repeat- 
 ing itself, the contest of a popular assembly against preroga- 
 tive, represented in this case by the governor and executive 
 which owed no responsibility to the people's house. Those 
 times of political conflict have happily passed and the domi- 
 nant body now is the people's house, where the council only 
 holds power by the will of the majority. If there is cause for 
 complaint, or danger in the present system, it is in the too 
 great power assumed by the executive or ministry and the 
 tendency to yield too much to its assumptions on the part of 
 the political majority. 
 
 I have endeavored, as briefly as possible, to show the 
 principal causes of irritation that existed in Canada during the 
 third period of our history. All these causes were intensified 
 by the demagoguism that is sure to prevail more or less in 
 
477] 
 
 Federal Government in Canada, 
 
 21 
 
 times of popular agitation, but the great {^eril all the while in 
 Lower Canada arose from the hostility of the two races in 
 the political arena as well as in all their social and public 
 relations. The British government labored to meet the 
 wishes of the discontented people in a fair and conciliatory 
 spirit but they were too often ill advised or in a quandary from 
 the conflict of opinion. No doubt the governors on whom 
 they naturally depended for advice were at times too much 
 influenced by their advisers, who were always fighting with 
 the people's representatives and at last in the very nature of 
 things made advocates of the unpopular party. Too gener- 
 ally they were military men, choleric, impatient of control, 
 and better acquainted with the rules of the camp than the 
 rules of constitutional government and sadly wanting in the 
 tact and wisdom that should guide a ruler of a colony. 
 Exception must be made of Lord Dorchester who, like 
 Wellington and even Marlborough, was a statesman who 
 would have been found invaluable had fate given him to 
 Canada at a later period of her history when the political 
 discontent was at last fanned into an ill-advised rebellion in 
 the two provinces, a rebellion which was promptly suppressed 
 by the prompt measures immediately taken by the authorities. 
 In Lower Canada the constitution was suspended and the 
 government of the country from 1838-1841 was administered 
 by the governor and a special council. The most important 
 fact of this time was the mission of Lord Durham, a distin- 
 guished English statesman, to inquire into the state of the 
 country as governor-general and high commissioner. Few 
 state papers in English history have had greater influence 
 on the practical development of the colonies than the elaborate 
 report which was the result of his review of the situation. 
 It was a remarkably fair summary of the causes of discontent 
 and suggested remedies which recommend themselves to us in 
 these days as replete with political wistiora. The final issue 
 of the inquiries made into the condition of the country was 
 the intervention of parliament once more in the affairs of 
 
22 
 
 Federal Oovemment in Canada. 
 
 [478 
 
 Canada and the passage of another Act providing for a very 
 important constitutional change. 
 
 The proclamation of the Act of 1841 ^ was the inauguration 
 of the Fourth Peri^ of our political development which 
 lasted until 1867. Ihe discontent that existed in Canada for 
 so many years had the effect, not of diminishing but of en- 
 larging the political privileges of the Canadian people. The 
 Imperial government proved by this measure that they were 
 desirous of meeting the wishes of the people for a larger grant 
 of self-government. The French Canadians, however looked 
 upon the Act with much disfavor and suspicion. The report 
 of Lord Durham and the union itself indicated that there was 
 a feeling in England that the separation of the two races in 
 1791 had been a political mistake, since it prevented anything 
 like a national amalgamation ; and it was now proposed to 
 make an effort in the opposite direction and diminish the 
 importance of the French Canadian section with its distinct 
 language and institutions. The fact that the French language 
 was no longer placed on the same footing as English, in offi- 
 cial documents and parliamentary proceedings, together with the 
 fact that Upper Canada had the same representation as Lower 
 Canada in the assembly, despite the larger population of the 
 latter section, was considered an insult and an injustice to the 
 French Canadians, against which they did not fail to remon- 
 strate for years. 
 
 But in my studies and personal experience of the times in 
 which I live, I have been often struck by the fact that the logic 
 of events is much more forcible than the logic of statesmen. 
 So far from the act of 1841, which united the Canadas, 
 acting unfavorably to the French Canadian people it gave 
 them eventually a predominance in the councils of the country 
 and prepared the way for the larger constitution of 1867 which 
 has handed over to them the control of their own province, and 
 afforded additional guarantees for the preservation of their lan- 
 
 * Imp. Act 3 and 4 Vic, Cap. 35. 
 
479] 
 
 Federal Oovemment in Canada, 
 
 23 
 
 guage and institutions. French soon became again the official 
 language by an amendment of the union act, and the clause 
 providing for etjuality of representation proved a security 
 when the upper province increased more largely in population 
 than the French Canadian section. The act was framed on 
 the principle of giving full expansion to the cap?icity of the 
 Canadians for local government, and was accompanied by 
 instructions to the governor-general, Mr. Poulett Thomson, 
 afterwar T^ord Sydenham, which laid the foundation of 
 responsi o.. ^ vernment. It took several years to give full effect 
 to this Ipadnig principle of parliamentary government, chiefly 
 on account of the obstinacy of Lord Metcalfe during his term 
 of office ; but the legislature and the executive asserted them- 
 selves determinately, and not long after the arrival in 1847 of 
 Lord Elgin, one of the ablest governors-general Canada has 
 ever had, the people enjoyed in its completeness that system of 
 the responsibility of the cabinet to parliament without which 
 our constitution would be unworkable. More than that, all 
 the privileges for which the people had been contending dur- 
 ing a quarter of a century and more, were conceded in accord- 
 ance with the liberal policy now laid down in England for the 
 administration of colonial affairs. The particular measure 
 which the French Canadians had pressed for so many years on 
 the British government, an elective legislative council, was 
 conceded. When a few years had passed the Canadian Leg- 
 islature was given full control of taxation, supply and 
 expenditure in accordance with English constitutional princi- 
 ples. The clergy reserves difficulty was settled and the lands 
 sold for public or municipal purposes, the interests of existing 
 rectors and incumbents being guarded. The great land ques- 
 tion of Canada, the seigniorial tenure of Lower Canada, was 
 disposed of by buying off the claims of the seigniors. With 
 the abolition of a system, which had its advantages in the <^r\y 
 French times, since it forced both seignior and habitant to 
 settle and clear their lands within a certain period, a relic of 
 feudal days, foreign to the free spirit of American civilization, 
 
24 
 
 Federal Oovemment in Canada. 
 
 [480 
 
 disappeared from our civil system and the pp' ' of lower 
 Canada were freed from exactions which had become not so 
 much onerous as vexatious, and were placed on the free foot- 
 ing of settlers in all the English communities of America. 
 Municipal institutions of a liberal nature especially In the 
 province of Ontario, were established, and the people of the 
 provinces enabled to have that control of their local affairs in 
 the counties, townships, cities and parishes which is necessary 
 to carry out public works indispensable to the comfort, health 
 and convenience of the community, and to supplement the 
 efforts made by the legislature, from time to time, to provide 
 for tiie general education of the country ; efforts especially suc- 
 cessful in the province of Upper Canada where the universi- 
 ties, colleges and public schools are so many admirable 
 illustrations of energy and public spirit. The civil service, 
 which necessarily plays so important a part in the administra- 
 tion of government, was placed on a permanent basis and has 
 ever since afforded a creditable contrast with the loose system 
 so long prevalent in the United States, where the doctrine, 
 " To the victors belong the spoils," ^ — which vras established in 
 the time of President Jackson, though the phrase originated 
 with a New York politician, W. L. Maicy — was found neces- 
 sary and very convenient to satisfy the great body of office- 
 seekers who naturally grew up iu a countrjr where elections 
 are so frequent and professional politicians so numerous. In 
 addition to those progressive measures, we may mention the 
 acts securing the independence of parliament, the codification 
 of the French civil law, the consolidation of the public statutes, 
 the improvement of the election laws so as to ensure greater 
 purity at elections, as among the legislation of a period replete 
 with usefulness and admirably illustrating the practical char- 
 acter of Canadian public men. 
 
 Tlie union of 1841 did its work and the political conditions 
 of Canada again demanded another radical change commen- 
 
 ' Sumner's Life of Andrew Jackson, in American Statesmen series, p. 162. 
 
481] 
 
 Federal Government in Canada. 
 
 25 
 
 ,162. 
 
 surate with the material and political development of the 
 country, and capable of removing the difficulties that had 
 arisen in the operation of the Act of 1841. The claims of 
 Upper Canada to larger representation, equal to its increased 
 population since 1840, owing to the great imrtiigration which 
 naturally sought a rich and fertile province, were steadily 
 resisted by the French Canadians as an unwarrantable inter- 
 ference with the security guaranteed to them under the Act. 
 This resistance gave rise to great irritation in Upper Canada 
 where a powerful party made representation by population 
 their platform, and government at last became practically 
 impossible on account of the close political divisions for years 
 in the assembly. The time had come for the accomplishment 
 of a great change foreshadowed by Lord Durham, Chief 
 Justice Sewell, Mr. Howe, Sir Alexander Gait, and other 
 public men of Canada : the union of the provinces of British 
 Norlh America. The leaders of the different governments in 
 Canada and the maritime provinces of Nova Scotia, New 
 Brunswick, and i rince Edward Island, to whose political 
 history I shall refer in a later lecture, after negotiations into 
 which I need not enter here, combined with tl^e leaders of the 
 opposition with the object of carrying out this great measure. 
 A convention of thirty-three representative men was held in 
 the autumn of 1864 in the historic city of Quebec, and after 
 a deliberation of several weeks the result wa3 the unanimous 
 adoption of a set of seventy-two resolutions embodying the 
 terms and conditions (m which the provinces through their 
 delegates agreed to a federal union in many respects similar 
 in its general features to that of the United States federation, 
 and in accordance with the principles of the English constitu- 
 tion. These resolutioiiS had to be laid before the various 
 legislatures and adopted in the shape of addresses to the queen 
 whose sanction was necessary to embody the wishes of the 
 provinces in an imperial statute. 
 
 It is an important fact that the consent of the legislature 
 was deemed sufficient by the governments of all the provinces 
 3 
 
26 
 
 Federal Government in Canada. 
 
 [•J82 
 
 except one, though the question had never been an issue at the 
 polls before the election of the legislative bodies which ass'inied 
 the complete responsibility of this radical change in the con- 
 stitutional position and relations of the countries affected. In 
 New Brunswick the legislature was dissolved twice on the 
 issue, 'And the opposition in the Nova Scotia assembly retarded 
 the accomplishment of the measure, but finally both these 
 provinces came into accord with the Canadian parliament, 
 wh^re only a relatively small minority urged objections to the 
 proposed union. In the early part of 1867 the imperial par- 
 liament, without a division, passed the statute known as the 
 "British North America Act, 1867," which united in the 
 first instance ^he province of Canada, now divided into 
 Ontario and Quebec, with Nova Scotia and New Brunswick 
 and made provisions for the coming in of the other provinces 
 of Prince Edward Island, Newfoundland, British Columbia, 
 and the admission of Rupert's Land and the great North- 
 west. 
 
 Between 1867 and 1873 the provinces just named, with the 
 exception of Newfoundland, which has persistently remained 
 out of the federation, became parts of the Dominion and the 
 vast North-west Territory was at last acquired on terms emi- 
 nently satisfactory to Canada and a new province of great 
 promise formed out of that immense region, with a complete 
 system of parliamentary government. 
 
 I have endeavored in the preceding pages to review within 
 as brief a space as possible the salient features in the political 
 development of Canada, and it is my intention in the lec- 
 tures that follow to direct attention to the framework and 
 operation of the constitutioQal system. I shall not treat the 
 questions that arise from a mere technical or legal view, but 
 from the standpoint of one who has many opportunities of 
 observing its practical working. I shall refer to the various 
 important changes that have occurred in the legislation of 
 the country affecting the various branches of government, 
 and try to point out what appear, according to the expe- 
 
483] 
 
 Federal Government in Canada. 
 
 27 
 
 rience the country has gained within a quarter of a century, 
 to be defects in the system requiring amendment sooner or 
 later in order to give it more elasticity, efficiency and per- 
 manency. 
 
 So far as I have gone my readers will see even from this 
 very imperfect summary of the political history of Canada for 
 two hundred and sixty years since the foundation of Quebec, 
 and one hundred and four years since the treaty of Paris, that 
 there has been a steady development ever since England, the 
 birth-place of free institutions, took the place of France, so 
 long the home of an absolute, irresponsible autocracy. It took 
 a century to bring about the changes that placed Canada in 
 the semi-independent position she now occupies, but as we 
 review the past we can see there was ever an undercurrent 
 steadily moving in the direction of political freedom. Poli- 
 ticians might wrangle and commit the most grievous mistakes ; 
 governments in England and Canada might misunderstand 
 public sentiment in the colon; and endeavor to stem the 
 stream of political progress, but the movement was ever 
 onward and the destiny that watches over peoples as well as 
 over individuals was shaping our political ends, and, happily, 
 for our good. 
 
 The results of these many years of political agitation 
 through which Canada has passed have been eminently favor- 
 able to her interests as a political community. No country in 
 the world enjoys a larger measure of political liberty or greater 
 opportunities for happiness and prosperity under the liberal 
 system of government which has been won by the sagacity and 
 patience of her people. 
 
 Somewhere I have seen it said that the tree of liberty, like 
 the oak or the maple, cannot spring suddenly into existence 
 and attain full maturity in a day, but grows slowly and must 
 bend at times beneath the storms of faction. But once it has 
 taken deep root in a congenial soil, passion beats in vain 
 against its trunk and the people find safety and shelter beneath 
 its branches. The tree of liberty was long ago brought into 
 
28 
 
 Federal Government in Canada, 
 
 [484 
 
 this country from the parent state, and has now developed into 
 goodly proportions amid the genial influences that have so long 
 surrounded it. 
 
 Of Canada we may now truly say that it is above all others 
 " a land of settled government " resting on the vital principles 
 of political freedom and religious toleration, and all those 
 maxims which, experience has shown the world, are best calcu- 
 lated to make communities happy and prosperous. 
 
LECTURE II. . 
 
 GENERAL FEATURES OF THE FEDERAL 
 
 SYSTEM. 
 
 The Dominion* of Canada now consists of seven provinces 
 regularly organized and of an immense area of undevelop;;d 
 and sparsely settled territory extending from Ontario to the 
 base of the Rocky Mountains, and temporarily divided into 
 four large districts, for the purposes of government. The area 
 of the whole Dominion is only thirty thousand English square 
 miles less than that of the United States,'' including the vast 
 
 ' " The history of the circumstances under which the name of the ' Domin- 
 ion ' came to be given to the united provinces shows the desire of the Cana- 
 dians to give to the confederation, at the very outset, a monarchical like- 
 ness in contradistinction to the republican character of the American federal 
 union. We have it on the best authority that in 1866-67 the question arose 
 during a conference between the Canadian delegates and the Imperial au- 
 thorities what name should be given to the confederation of the provinces, 
 and it was first proposed that it should be called 'The Kingdom of Canada ;' 
 but it is said that the Earl of Carnarvon, then secretary of state for the colo- 
 nies, thought such a designation inadvisable, chiefly on the ground that it 
 would be probably objectionable to the government of the United States, 
 which had so recently expressed its disapprobation of the attempt of 
 the Emperor Napoleon to establish an imperial European dynasty in 
 Mexico The Canadian delegates made due allowance for the deli- 
 cacy of the sentiments of the minister and agreed, as a compromise, to the 
 less ambitious title, Dominion of Canada, — a designation recalling that 
 ' Old Dominion,' named by Raleigh in honor of the virgin Queen." See 
 article by author in the Scottish Review for April, 1885. 
 
 'The United States has an area of 3,501,404 square miles, inclusive of 
 Alaska (577,390); Canada, 3,470,392, or about the same area as Brazil; 
 Europe, 3,800,000 square miles. 
 
 29 
 
30 
 
 Fedet'cU Goveimment in Canada. 
 
 [486 
 
 territory of Alaska. Its total population is about five millions 
 of souls, of whom probably two millions and a quarter live in 
 Ontario, nearly a million and a half in Quebec, and the re- 
 mainder' in the smaller provinces and in the territories. Out 
 of the North-west has already been carved the province of 
 Manitoba M'hich has made remarkable progress, while a stream 
 of population is now steadily flowing over the rich prairies 
 and grazing lands of the territories. The Maritime Provinces 
 are inhabited by an English people, with the exception of cer- 
 tain districts, especially in New Brunswick, where there is a 
 small Acadian population still speaking the French language. 
 Quebec has a French population of at least a million and a 
 quarter of souls, professing the Roman Catholic religion and 
 clinging with remarkable tenacity to their language and insti- 
 tutions, and commencing to swarm over certain portions 
 of the Western Province. The population of Ontario is 
 mainly English and Protestant ; and the same may be said of 
 the other provinces. In the territories and British Columbia 
 there is a large Indian population, whose interests are care- 
 fully guarded by the government of Canada. The industrial 
 pursuits of Nova Scotia and New Brunswick, both washed by 
 the Atlantic ocean, are principally maritime, mining and com- 
 mercial. Prince Edward Island is chiefly agricultural. The 
 St. Lawrence is the natural artery of communication, by the 
 aid of a magnificent system of canals, between the ocean and 
 the provinces of Quebec and Ontario, and as far as the city of 
 Port Arthur at the head of Lake Superior. Railways reach 
 from Halifax to the growing city of Vancouver on the Pacific 
 coast, and afford great facilities of commercial intercourse 
 between the new territories and the markets of the old prov- 
 inces and the rest of the world. The wealth of Ontario arises 
 from her agricultural products, aided by a large system of 
 manufactories. Quebec has varied interests, farming, manu- 
 facturing and commercial. The territories promise to be the 
 principal granary of the continent, while British Columbia 
 has large undeveloped wealth in her mountains and in the 
 
487] 
 
 Federal Government in Canada, 
 
 31 
 
 seas that wash her coast. To unite and give a community of 
 interest to all these territorial divisions of the Dominion — the 
 Maritime Provinces, Quebec, Ontario, the North-west and 
 British Columbia — and harmonize the ethnological and other 
 differences that now exist within the limits of the confederation, 
 is the very serious responsibility thrown upon the central and 
 the local governments which derive their powers from the Brit- 
 ish North America Act of 1867. How far the system which 
 this act provides is likely to promote these objects, I shall 
 attempt to show in the course of this and succeeriing lectures. 
 
 When the terras of the Union came to be arranged between 
 the provinces in 1864, their conflicting interests had to 
 be carefully considered and a system adopted which would 
 always enable the Dominion to expand its limits and bring in 
 new sections until it should embrace the northern half of the 
 continent, which, as we have just shown, now constitutes the 
 Dominion. It was soon found, after due deliberation, that 
 the most feasible plan was a confederation resting on those 
 principles which experience of the working of the federation of 
 the United States showed was likely to give guarantees of 
 elasticity and permanency. The maritime provinces had been 
 in the enjoyment of an excellent system of laws and represen- 
 tative institutions for many years, and were not willing to 
 yield their local autonomy in its entirety. The people of the 
 province of Quebec, after experience of a union that lasted 
 from 1841 to 1867, saw decidedly great advantages to therii- 
 selves and their institutions in having a provincial government 
 under their own control. The people of Ontario recognized 
 equal advantages in having a measure of local government, 
 apart from French Canadian influences and interference. The 
 consequence was the adoption of the federal system, which 
 now, after twenty-six years* experience, we can truly say 
 appears on the whole well devised and equal to the local and 
 national requirements of the people. 
 
 We owe our constitution to the action of the Parliament of 
 Great Britain, before whom, as the supreme authority of the 
 
32 
 
 Federal Government m Canada. 
 
 [488 
 
 Empire, the provinces of Canada had to come and express 
 their desire to be fe<lerally united. In the addresses to tiie 
 Queen embodying the resolutions of the Quebec conference of 
 1864 the legislatures of the provinces respectively set forth 
 that in a federation of the British North American provinces, 
 " the system of government best adapted under existing cir- 
 cumstances to protect the diversified interests of the several 
 provinces, and secure harmony and permanency in the working 
 of the Union would be a general government charged with 
 matters of common interest to the whole country, and local 
 governments for each of the Canadas, and for the provinces of 
 Nova Scotia, New Brunswick and Prince Edward Island, 
 charged with the control of local matters in their respective 
 sections." 
 
 In the third paragraph the resolutions declare that "in 
 framing a constitution for the general government, the confer- 
 ence, with a view to the perpetuation of our connection with 
 the mother country, and the promotion of the best interests o' 
 the people of these provinces, desire to follow the model of the 
 British constitution so far as our circumstances permit." In 
 the third paragraph it is set forth : " The executive authority 
 or government shall be vested in the sovereign of the United 
 Kingdom of Great Britain and Ireland, and be administered 
 according to the well-understood principles of the British con- 
 stitution, by a sovereig'.i personally, or by the representative 
 of the sovereign dul; authorized." * 
 
 In these three parugraphs we see tersely expressed the lead- 
 ing principles on which our system of government rests : a 
 federation with a central government exercising general powers 
 over all the members of the union, and a number of local gov- 
 ernments having the control and management of certain mat- 
 
 > The preamble of the B. N. A. Act of 1867 sets forth that " the provinces 
 of Canada, Nova Scotia and New Brunswick have expressed their desire to 
 be federally united into one dominion under the Crown of the United 
 Kingdom of Great Britain and Ireland, with a constitution similar in prin- 
 ciple to that of the United Kingdom." 
 
489] 
 
 Fedeixd Oovemment in Canada. 
 
 33 
 
 ters naturally and conveniently falling within their defined 
 jurisdiction, while each government is administered in accord- 
 ance with the British system of parliamentary institutions. 
 These are the fundamental principles which were enacted into 
 law by the British North America Act of 186/. 
 
 Before I proceed to refer to the general features of the fed- 
 eral system I may here appropriately observe that the practical 
 operation of the government of Canada affords a forcible illus- 
 tration of a government carried on not only in accordance with 
 the legal provisions of a fundamental law, but also in con- 
 formity with what has been well described by eminent writers 
 as conventions or understandings which do not come within 
 the technical meaning of laws since they cannot be enforced by 
 the courts. It was Professor Freeman ^ who first pointed out 
 this interesting and important distinction, but Professor Dicey 
 has elaborated it in a recent work, in which he very clearly 
 shows that " constitutional law " as we understand it in Eng- 
 land and in this country, consists of two elements : " The one 
 element, which I have called the ' law of the constitution ' is a 
 body of undoubted law ; the other element which I have called 
 the ' conventions of the constitution,' consists of maxims or 
 practices which, though they regulate the ordinary conduct of 
 the Crown and of Ministers and of others under the constitu- 
 tion, are not in strictness law at all."'' In Canada this 
 distinction is particularly noteworthy. We have first of all 
 the British North America Act' which lays down the legal 
 rules for the division of powers between the respective federal 
 and provincial authorities, and for the government of the fed- 
 eration generally. But it is a feature of this government that, 
 apart from the written law, there are practices which can only 
 be found in the usages and conventions that have originated 
 in the general operation of the British constitution — ^that mass 
 
 'Freeman's Growth of the English Constitution, pp. 114, 115. 
 ' Dicey's Law of the Constitution, p. 25. 
 » Imp. Act, 30-31 Vict. c. 3. 
 
34 
 
 Federal Oovemment in Canada, 
 
 [490 
 
 of charters, statutes, practices and conventions, which must be 
 sought for in a great number of authorities. For example, if 
 we wish in Canada to see whether a special power is given to 
 the dominion or to the provincial governments we must look 
 to the written constitution — to the ninety-first and ninety-sec- 
 ond sections, to which I shall refer later on — but if we would 
 understand the nature of the constitutional relations between 
 the governor-general and his advisers we must study the con- 
 ventions and usages of parliamentary or responsible govern- 
 ment as it is understood in England and Canada. The courts 
 accordingly will decide whether the parliament or the legisla- 
 tures have a power conferred upon them by the constitutional 
 law whenever a case is brought before them by due legal pro- 
 cess ; but should they be asked to adjudicate on the legality of 
 a refusal by a government to retire from office on an adverse 
 vote of the people's house, they could at once say that it was a 
 matter which was not within their legal functions, but a 
 political question to be settled in conformity with political con- 
 ventions with which they had nothing whatever to do. Or if 
 Parliament should continue to sit beyond the five years' term, 
 to which it is restricted by law, and then pass certain acts, the 
 constitutionality of such legislation could be questioned, and 
 the courts could declare it null and void. Or again, the con- 
 stitutional act requires that every vote of money must be first 
 recommended formally by the governor-general, and if it 
 should appear that parliament had passed an act without that 
 legal formality, the courts could be called upon to consider the 
 legal effect of this important omission. On the other hand, it 
 is a well understood maxim that no private member can ini- 
 tiate a measure imposing a tax on the people, but it should 
 come from a minister of the Crown — a rule rigidly observed 
 in parliament — but this is not a matter of legal enactment 
 which the courts can take cognizance of though it is a conven- 
 tion of the unwritten constitution which is based on well- 
 understood principles of ministerial responsibility. I might 
 pursue this subject at greater length, but I think I have said 
 
491] 
 
 Federal Government in Canada. 
 
 80 
 
 enough to show you how interesting is the study of our con- 
 stitution and what a wide field of reflection it opens up to the 
 student. We have not only a written constitution to be inter- 
 preted whenever necessary by the courts, but a vast store-house 
 of English precedents and authoritative maxims to guide us — 
 in other words, an unwritten law which has as much force 
 practically in the operation of our p<>litical system as any legal 
 enactment to be found on the statute book. 
 
 The British North America Act gave legal effect to the 
 wishes of the people of Canada, as expressed in the addresses 
 of their legislatures, and is consequently the fundamental law, 
 or constitution of the Dominion, only to be amended in its 
 material and vital provisions by the same authority that 
 enacted it.^ Power is only given in the act itself to the 
 Canadian legislature for the amendment or alteration of cer- 
 tain provisions which are of a merely temporary character, or 
 affect the machinery with which the parliament or legislatures 
 have to operate — such as the readjustment of representation, 
 the elections and trial of controverted elections, the constitution 
 of executive authority in Nova Scotia and New Brunswick, 
 and other matters which do not really affect the fundamental 
 principles of the constitution. All those provisions which con- 
 stitute the executive authority of the Dominion, regulate the 
 terms of union, and define the limits of the jurisdiction of the 
 several governments, are unalterable except by the supreme 
 legislature of the empire. 
 
 We have now to consider, in the first place, the position 
 that the Dominion of Canada occupies in the Empire, and 
 then the relations ia government occupies towards the govern- 
 ments of the provinces, with such remarks on the powers and 
 
 * The act of 1867 has been amended by two acts, Imp. Stat. 38-39 Vict., 
 c. 38, to remove certain doubts with respect to the power of the Canadian 
 parliament under section 18 ; and 34 and 35 Vict., c. 28, to remove donbt« 
 as to the powers of the Canadian parliament, to establish provinces in the 
 territories. 
 
36 
 
 Fideral Qovemment in Canada, 
 
 [492 
 
 functions and practical operation of the Constitution as are 
 necessary to make the system intelligible. 
 
 The Queen is the head of the executive authority and gov- 
 ernment of Canada.^ She is as much the sovereign of Canada 
 as of England or Scotland, and her supremacy can be alone 
 acknowledged in all executive or legislative acts of this 
 dependency. As she is unable to be present in person in 
 Canada, she is represented by a governor-general appointed by 
 Her Majesty in council. In the following chapter I shall 
 refer to his duties in Canada, and it is therefore pertinent here 
 to make only a few necessary references to his im^^rial position. 
 
 This high functionary, generally chosen from public men of 
 high standing in England, has dual responsibilities, for he is 
 at once the governor-in-chief of a great dependency, who actr 
 under the advice of a ministry responsible to parliament, and 
 at the same time the guardian of imperial interests. He is 
 bound by the terms of his commission, and can only exercise 
 such authority as is expressly or impliedly entrusted to him.^ 
 He must report regularly on all those imperial and other mat- 
 ters on which the secretary of state for the colonies should be 
 informed. For instance, in the negotiations for the recent 
 fishery treaty he was the avenue for all communications be- 
 tween the Canadian and imperial governments. Canada being 
 a colony, and not a sovereign state, cannot directly negotiate 
 treaties with a foreign power, but must act through tl 'nter- 
 mediary of the imperial authorities, with whom the governor- 
 general, as an imperial officer, must communicate on the part 
 of our government not only its minutes of council, but his 
 own opinions as well, on the question under consideration. In 
 case of bills reserved' for the consideration of the imperial 
 
 ^ B. N. A. Act, sec. 9. " The executive government and authority of and 
 over Canada is hereby declared to continue and be vested in the Queen." 
 
 ' Musgrove «. Fulido, 5 App. Cas., 102. 
 
 'A bill affecting the fishery dispute between Canada and the United 
 States was formally reserved in 1886. 
 
493] 
 
 Federal Oovemment in Canada. 
 
 37 
 
 government he fonvards them to the secretary of state with 
 his reasons for reserving them. The British North America 
 act provides indeed that copies of all acts of the Canadian 
 parliament should be transmitted to the secretary of state 
 for the colonies, that they may be duly considered and disal- 
 lowed within two years' in case they are found to conflict with 
 im[)erial interests and are beyond the legitimate powers of 
 Canada as a dependency, still in certain essential respects 
 under the control of the imperial state. The commission and 
 instructions, which the governor-general receives from the 
 Queen's government, formerly contained a list of bills which 
 should be formally reserved, divorce bills among other meas- 
 ures ; but since the passage of the British North America Act, 
 and the very liberal measure of self-government now conceded 
 to Canada, these instructions have been materially modified. 
 
 ^ B. N. A. Act, 1867, sec. 55. Where a bill passed by the houses of the par- 
 liament is presented to the governor-general for the Queen's assent, he shall 
 declare, according to his discretion, but subject to the provisions of this act 
 and to her majesty's instructions, either that he assents thereto in the 
 Queen's name, or that he withholds the Queen's assent, or that he reserves 
 the bill for the signification of the Queen's pleasure. 
 
 56. Where the governor-general assents to a bill in the Queen's name, he 
 shall by the first convenient opportunity send an authentic copy of the act 
 to one of her majesty's principal secretaries of state, and if the Queen in 
 council, within two years after receipt thereof by the secretary of state, 
 thinks fit to disallow the act, such disallowance (with a certificate of the 
 secretary of state of the day on which the act was received by him) being 
 signified by the governor-general, by speech or message to each of the 
 houses of the parliament or by proclamation, shall annul the act from and 
 after the day of such signification. 
 
 57. A bill reserved for the signification of the Queen's pleasure shall not 
 have any force unless and until within two years from the day on which it 
 was presented to the governor-general for the Queen's assent, the governor- 
 general signifies, by speech or message to each of the houses of the parlia- 
 ment or by proclamation, that it has received the assent of the Queen in 
 council. 
 
 An entry of every such speech, message, or proclamation shall be made 
 in the journal of each house, and a duplicate thereof duly attested shall be 
 delivered to the proper officer to be kept among the records of Canada. 
 
38 
 
 Federal Government in Canada. 
 
 [494 
 
 and it is only in very exceptional instances that bills are ex- 
 pressly reserved. The general power possessed by the impe- 
 rial government of disallowing any measure, within two years 
 from its receipt, is considered as a sufficient check, as a rule, 
 upon colonial legislation. The cases where a bill is disallowed 
 are now exceedingly limited. Only when the obligations of 
 the Empire to a foreign power are affected, or an imperial 
 statute is infringed in matters on which the Canadian parlia- 
 ment has not full jurisdiction, is the supreme authority of 
 England likely to be exercised. 
 
 The imperial parliament has practically given the largest 
 possible rights to the Domi~'on government to legislate on 
 all matters of a Dominion character and importance which can 
 be exercised by a colonial dependency ; and the position Canada 
 consequently occupies is that of a semi-independent power. 
 Within the limits of its constitutional jurisdiction, and subject 
 to the exercise of disallowance under certain conditions, the 
 Dominion parliament is in no sense a mere delegate or agent 
 of the imperial parliament, but enjoys an authority as plenary 
 and ample as that great sovereign body in the plentitude of its 
 power possesses.^ This assertion of the l^islative authority 
 of the Dominion legislature is quite reconcilable with the 
 supremacy of the imperial parliament in all matters in which it 
 should intervene in the interest of the empire. For that par- 
 liament did not part with any of its rights as the supreme 
 authority of the empire, when it gave the Dominion govern- 
 ment " exclusive authority " to legislate on certain classes of 
 subjects enumerated in the act of union, and to which we shall 
 later on refer at length. This point has been clearly explained 
 by Mr. Justice Gray of the supreme court of British Columbia, 
 whose opinion as an eminent judicial authority is strengthened 
 by the fact that he was one of the members of the Quebec con- 
 vention of ] 864. In deciding against the constitutionality of 
 
 * See Begtna vs. Burah, 3 App. Cas., 889 ; Hodge t». the Qaeen, 9 lb., 117. 
 
496] 
 
 Federal Oovemment in Oanada, 
 
 39 
 
 the Chinese tax bill, passed by the legislature of his province, 
 he laid down that "the British North America Act (1867) 
 was framed, not as altering or defining the changed or relative 
 positions of the provinces towards the imperial government, 
 but solely as between themselves/' Proceeding he said that 
 the imperial parliament " as the paramount or sovereign au- 
 thority could not be restrained from future legislation. The 
 British North America Act was intended to make legal an 
 agreement which the provinces decided to enter into as between 
 themselves, but which, not being sovereign states, they had no 
 power to make. It was not intended as a declaration that the 
 imperial government renounced any part of its authority." * 
 
 * Judgment of Mr. Justice Graj on the Chinese tax bill, Sept. 23d, 1878. 
 
 An imperial statute passed in 1865 (28 and 29 Vict., c. 63) expressly 
 declares that any colonial law " in any respect repugnant to the provisions 
 of any act of parliament extending to the colony to which such law may 
 relate," shall to the extent of such repugnancy be " absolutely void and in- 
 operative." And in conntruing an act of parliament, " it shall be said to 
 extend to any colony, when it is made applicable to such colony by the 
 express words or necessary intendment " of the same. Since the passage of 
 this act Canada has received a larger measure of self-government in the 
 provisions of the B. N. A. act, which confers powers on the Dominion and 
 the provincial authorities. No one can doubt that it is competent, as Mr. 
 Justice Gray has intimated, for parliament to pass any law it pleases with 
 respect to any subject, within the powers conferred on the Dominion or 
 provinces : and any enactment repugnant to that imperial statute would be 
 declared null and void by the courts, should the question come before them. 
 But the point has been raised, whether it is in the power of the Canadian 
 parliament or legislatures to pass an act repealing an imperial statute 
 passed previous to the act of 1867, and dealing with a subject within the 
 powers granted to the Canadian authorities. It must be here mentioned 
 that the imperial government refused its assent to the Canadian copyright 
 act of 1872, because it was repugnant, in the opinion of the law oflScers of 
 the Crown, to the provisions of an imperial statute of 1842 extending to 
 the colony (Imp. Stat., 5 and 6 Vict., c. 45; Can. Sess. P., 1875, No. 28). 
 On the other hand, in the debate on the constitutionality of the Quebec 
 Jesuits' bill mentioned later on, it was contended by the minister of justice 
 that a provincial legulatnre " legislating upon subjects which are given it 
 by the B. N. A. act, has the power to repeal an imperial statute, prior to 
 the B. N. A. act, affecting those subjects." In support of this position he 
 
40 
 
 Federal Government in Canada. 
 
 [49G 
 
 But, as I have already shown, this supreme authority of 
 the imperial government will be exercised only in cases where 
 interference is necessary in the interests of the Empire, and in 
 the discharge of its obligations towards foreign powera. In 
 the case of all matters of Dominion or Canadian concern, 
 within the rights and privileges extended to Canadians by the 
 British North America Act, and in accord with the general 
 policy now pursued towards all colonies exercising a full sys- 
 tem of local self-government, the imperial authorities can con- 
 stitutionally claim no authority whatever. That is, they can 
 interfere, to quote a distinguished Canadian statesman, "only 
 in instances n which, owing to the existence of substantial 
 imperial, as distinguished from Canadian, interests it is con- 
 
 k 
 
 I II x 
 
 referred to three decisions of the judicial comtnittee of the privy council. 
 One of these, in Harris V8. Davies (10 App. Cas., p. 279), held that the leg- 
 islature of New South Wales had power to repeal a statute of James I. 
 with respect to costs in case of a verdict for slander. The second case was 
 Powell vs. Apollo Candle Co. (10 App. Cas., p. 282), in which the princi- 
 ples laid down in Regina vs. Burah (3 App. Cas., 889) and in Hodge vs. the 
 Queen (9 App. Cas., p. 117) were affirmed. The third and most important 
 case as respects Canada was the Queen and Biel (10 App. Cas., p. 675), 
 in which it was decided that the Canadian parliament had power to pass 
 legislation changing, or repealing (if necessary) certain statutes passed for 
 the regulation of the trial of offences in Rupert's Land, before it became 
 a part of the Canadian domain (see Sir /. Thompson's speed). Can. Hansard, 
 March 27, 1889). But several high authorities do not appear to justify the 
 contention cf the minister of justice. See Hearn's Government of England, 
 app. II.; "The Colonies and the Mother Country;" Todd's Government 
 in the Colonies, pp. 188-192, etc. ; Dicey's Law of the Constitution, pp. 96, 
 et aeq. The question is too important to be treated hastily, especially as 
 it will come up soon in connection with the copyright act of 1889, in which 
 the same conflict as in 1875 arises. No doubt the fundamental principle 
 that rests at the basis of our constitutional system is to give Canada as full 
 power over all matters affecting her interests as is compatible with imperial 
 obligations. The parliament and legislatures must necessarily repeal, and 
 have time and again repealed, imperial enactments, especially those not 
 suitable to the circumstances of the country. See debate of April 20, 1889, 
 Canadian Commons, on the new copyright bill, which by sec. 7 can only 
 come into force by a proclamation of the governor in council. 
 
497] 
 
 Federal Qoveimment in Canada. 
 
 41 
 
 sidered that full freedom of action is not vested in the Cana- 
 dian people."* 
 
 The ooniplete freedom of action now enjoyed by Canada in 
 matters affecting the commercial interests of the empire, can be 
 understood by reference to the fiscal systen now in operation 
 in Canada. This system, generally known as the *' National 
 Policy/' since its adoption in 1879, imiK)se8 a protective tariff, 
 which is in direct antagonism with the free trade policy of the 
 parent state, and is chiefly intended to assist Canadian manu- 
 jfactories against British and foreign com))etition. This policy, 
 at the outset, was naturally received with much disfavor in 
 England, but when an appeal was directly made in the impe- 
 rial house of commons to disallow it, the secretary of state for 
 the colonies, on the part of the government, presented, as a 
 reason for non-interference, that the measure in question was 
 not in excess of the rights of legislation guaranteed by the 
 British North America Act, under which (subject only to 
 ti'eaty obligations), the fiscal policy of Canada rests with the 
 Dominion parliament. He further stated that, however much 
 the government might regret the adoption of a protective sys- 
 tem, they did not feel justified in opposing the wishes of the 
 Canadian people in this matter.' 
 
 The queen's privy council of England has also the right 
 to allow appeals to the judicial committee— one of the survi- 
 vals of the authority of an ancient institution of England — 
 from the courts of Canada. This right is only exercised on 
 principles clearly laid down by this high tribunal, but it is 
 
 * Hon. Mr. Blake in a despatch to the secretary of state for the oobniefi. 
 Can. Bess. P., 1877, No. 13, p. 8. 
 
 '"The cluuse with respect to differential duties, (English Hans. Deb., 
 Vol. 244, p. 1811), is now left out of the governor-general's instruc- 
 tions, and the imperial goremment arc content to reljr upon the prerogatiTe 
 right of disallowance, as a sufficient security against the enactment of anjr 
 measure by tlie parliament of Canada, that should be of such character •■ 
 to call for the interposition of the royal veto." Todd's Pari. Goyemment 
 in the Colonies, p. 187. 
 4 
 
42 
 
 Federal Government in Canada, 
 
 [498 
 
 If 
 
 ,11' 
 
 m 
 
 m 
 
 emphatically a right to be claimed by the Canadian people as 
 forming part of the 6.npire under the sovereignty of England. 
 It is a right sparingly exercised, for the people of Canada have 
 great confidence in their own courts, where justice is adminis- 
 tered with legal acumen and strict impartiality ; but there are 
 decided advantages in having the privilege of resorting in some 
 cases, especially those affecting the constitution, to a tribunal 
 which is generally composed of men whose great learning 
 illustrates all those traditions which make the decisions of 
 England's courts respected the world over. 
 
 In the foregoing paragraphs I have mentioned the relations 
 that should naturally exist between the supreme head of the 
 empire and its colonial dependencies. I may here add, what 
 will be obvious to every one, that the power over peace and 
 war, and the general control of such subjects as fall within the 
 province of international law, are vested in the home govern- 
 ment, and cannot be interfered with in the least degree by the 
 government of the Dominion. 
 
 With these exceptions which limit the jurisdiction of the 
 Dominion as a dependency, Canada possesses under the British 
 North America Act, and in accordance with the general 
 policy of England towards her self-governing colonies, a prac- 
 tically sovereign authority within the limits of her territory, 
 and has assumed all the proportions of an empire. Her 
 constitution enables her to establish new provinces with 
 complete systems of government, as large as any of the 
 commonwealths of the American Republic. The province of 
 Manitoba has already been formed out of the North-west 
 Territories acquired in 1870 from the company of Hudson 
 Bay adventurers who held a charter from the days when sov- 
 ereigns recklessly granted their followers vast areas of lands, 
 larger than the great kingdoms of Europe. The territories are 
 r^ulated by the Dominion and granted from time to time 
 such privileges as are commensurate with their increasing pop- 
 ulation and c ipacity to carry on a system of local self-govern- 
 ment. The Dominion appoints the governors of the proviooea 
 
499] 
 
 Federal Oovemment in Canada, 
 
 43 
 
 and can dismiss them under the provisions of the consti- 
 tution, occupying in this respect the position that England 
 formerly held with reference to the provinces before the union 
 of 1867. 
 
 Perhaps no one fact more clearly illustrates the in^portant 
 position which Canada has attained within a few years, than 
 the recognition by the imperial government of her absolute 
 right to be consulted, and have a direct voice in the negotia- 
 tion of all treaties which immediately affect her interests. In 
 the arrangement of the Washington treaties of 1871 and 1883, 
 which dealt with the question of the fisheries — still unhappily 
 unsettled owing to the refusal of the Senate to ratify the last 
 treaty — Canada was represented by one of her ablest states- 
 men in each case.^ In negotiations between Canada, France 
 and Spain for a commercial treaty, the imperial government 
 specially commissioned the Canadian high representative in 
 London with full powers to act. The appointment of the 
 high commissioner of Canada was of itself a concession to the 
 growing importance of Canada as a dependency of the empire 
 and of the consequent necessity that has arisen of having in 
 London a representative who would occupy a higher position 
 than the previous agents of the colonies. In the case of all 
 treaties affecting Canada directly, their ratification depends on 
 the assent of her parliament.^ In fact, the history of all impe- 
 rial legislation with respect to extradition and other treaties, 
 also proves the desire of the imperial authorities to give due 
 scope to Canadian legislation as far as it is compatible with 
 
 ^In 1871 by Sir John Macdonald, then as now, Premier. In 18S8 by Sir 
 Charles Tapper, now High Commissioner of Canada in London. 
 
 ' See Can. Stat, for 1888 (treaty of Washington), c. 3, sec. 3, and art. xvi 
 of schedule. The 132d section of the B. N. A. Act provides : " The parlia- 
 ment and government of Canada shall have all powers necessary or proper 
 for performing the obligations of Canada or of any province thereof, as part 
 of the British Empire, towards foreign countries, arbing under treaties 
 between the empire and such foreign countries." Also comments of Dr. 
 Todd in Pari. Govt, in Colonies, p. 205. 
 
44 
 
 Federal Government in Canada. 
 
 [500 
 
 
 the interests of the empire. In some treaties it is expressly 
 stipulated that they shall be only applicable to the colonial 
 possessions " so far as the laws, for the time being, in force in 
 such colonies will allow."* The large measure of self-govern- 
 ment that Canada enjoys in other particulars will be seen in 
 the course of these lectures. 
 
 We come now to consider the nature of the federal system, 
 the respective powers of the dominion and provincial govern- 
 ments, and the relations that they bear to one another under 
 the constitution. We have already seen by the three reso- 
 lutions of the Quebec conference that I have cited, that the 
 object of the founders of the union was to give to the central 
 authority the control over matters of general or qimsi national 
 importance, and to the provincial governments jurisdiction over 
 matters of a local or provincial nature: In arranging the 
 details of the union the framers were naturally called upon to 
 study carefully the American constitution in its origin and 
 development. In 1864 the civil war was not yet brought to 
 a close, and statesmen, the worl J over, were naturally in doubt 
 as to its effects on the constitution and union at large. Cana- 
 dian statesmen saw that ever since the foundation of the weak 
 confederation of 1776, and of the constitution that was subse- 
 quently adopted in 1787, to give efficiency, strength and 
 pCTmanency to the union, — " to form a more perfect union," 
 in the language of its preamble, — a great struggle had been 
 going on between the national and the state governments for 
 the supremacy. They saw that certain states had persistently 
 asserted the doctrine of State sovereignty, and the right of 
 nullifying or refusing to be bound by certain acts of the 
 national government. Nullification and secession, it was seen, 
 wer« justified by lawyers and statesmen, as the last resort of 
 sovereign states, when what was believed to be their inherent 
 rights were invaded by the national government. The states- 
 men that assembled at Quebec believed that it was a defect in 
 
 ' See treaty with Russia in Can. Statutes for 1887. 
 
601] 
 
 Federal QovemmerU in Canada, 
 
 U 
 
 the American constitution to have made the national govern- 
 ment alone one of enumerated powers, and to have left to the 
 States all the powers not expressly taken from them.^ 
 
 For these reasons mainly the powers of both the Dominion 
 and the Provincial governments are stated, as far as practicable, 
 in express terms with the view of preventing a conflict between 
 them; the powers that are not within the defined jurisdiction 
 of th*" T)rovincial governments are reserved in general terms to 
 the central authority. In other words " the residuum of 
 power is given to the central instead of to the state authori- 
 ties." In the British North America Act we find set forth 
 in express words : 
 
 1 . The powers vested in the Dominion government alone ; 
 
 2. The powers vested in the provinces alone ; 
 
 3. The powers exercised by the Dominion government 
 and the provinces concurrently ; 
 
 4. Powers given to the Dominion government, in general 
 terms. 
 
 The powers vested in the parliament of Canada are set forth 
 in the ninety-first section of the constitution, which enacts that 
 the Queen with the advice and consent of the Senate and 
 House of Commons may " make laws for the peace, order and 
 good government of Canada, in relation to all matters not 
 coming within the classes of subjects by this act assigned 
 exclusively to the legislatures of the provinces ; and for greater 
 certainty, but not so as to restrict the generality of the fore- 
 going terms of this section, it is hereby declared that (notwith- 
 standing anything in this act) the . exclusive legislative 
 authority of the parliament of Canada extends to all matters 
 coming within the classes of subjects next hereinafter enumer- 
 ated, that is to say : 
 
 1. The public debt and property. 
 
 2. The regulation of trade and commerce. 
 
 ' See remarks of Sir John Macdonald, then attorney-general, now pre- 
 mier of Canada : Confederation debates, p. 33. 
 
46 
 
 Federal Government in Canada, 
 
 [502 
 
 !•' 
 
 
 m 
 
 m 
 
 3. The raising of money by any mode or system of taxation. 
 
 4. The borrowing of money on the public credit. 
 
 5. Postal service. 
 
 6. The census and statistics. 
 
 7. Militia, military and naval service and defence. 
 
 8. The fixing of and providing for the salaries and allow- 
 ances of civil and other officers of the government of Canada. 
 
 9. Beacons, buoys, lighthouses and Sable Island. 
 
 10. Navigation and shipping. 
 
 11. Quarantine and the establishment and maintenance of 
 marine hospitals. 
 
 12. Sea-coast and inland fisheries. 
 
 13. Ferries between a province and a British or foreign 
 country, or between two provinces. 
 
 14. Currency and coinage. 
 
 15. Banking, incorporation of banks and the issue of paper 
 money. 
 
 16. Savings banks. 
 
 17. Weights and measures. 
 
 18. Bills of exchange and promissory notes. 
 
 19. Interest. 
 
 20. Legal tender. 
 
 21. Bankruptcy and insolvency. 
 
 22. Patents of invention and discovery. 
 
 23. Copyrights. 
 
 - 24. Indians and lands reserved for the Indians. 
 
 25. Naturalization and aliens. 
 
 26. Marriage and divorce. 
 
 27. The criminal law, except the constitution of the courts 
 of criminal jurisdiction, but including the procedure in crimi- 
 nal matters. 
 
 28. The establishment, maintenance, and management of 
 penitentiaries. 
 
 29. Such classes of subjects as are expressly excepted in the 
 enumeration of the classes of subjects by this act assigned 
 exclusively to the legislatui*es of the provinces." 
 
603] 
 
 Federal Oovemment in Canada. 
 
 4t 
 
 And the section concludes, with the view obviously '^{ giv- 
 ing more definiteness to its provisions and to lessen the 
 chances of conflicts of jurisdiction with the provincial authori- 
 ties, that "any matter coming within any of the classes of 
 subjects enumerated in this section shall not be deemed to come 
 within the class of matters of a local or private nature com- 
 prised in the enumeration of the classes of subjects by this act 
 assigned exclusively to the legislatures of the provinces." 
 
 Having, as they believed, definitely stated the general powers 
 that appertain naturally to a central government, exe. jising 
 jurisdiction over the whole Dominion, the framers of the Act 
 defined in the ninety-second section the powei*s that the local 
 governments can exercise within their constitutional limits. * 
 
 The legislature may, in each province, " exclusively make 
 laws " in relation to the classes of subjects enumerated as 
 follows : 
 
 1. The amendment, from time to time, notwithstanding 
 anything in this act, of the constitution of the province, except 
 as regards the office of lieutenant-governor. 
 
 2. Direct taxation within the province in order to the rais- 
 ing of a revenue for provincial purposes. 
 
 3. The borrowing of money on the sole credit of the 
 province. 
 
 4. The establishment and tenure of provincial offices, and 
 the appointment and payment of provincial officers. 
 
 5. The management and sale of the public lands belonging 
 to the province, and of the timber and wood thereon. 
 
 6. The establishment, maintenance and management of 
 public and reformatory prisons in and for the province. 
 
 7. The establishment, maintenance and managemient of hos- 
 pitals, asylums, charities and eleemosynary institutions in and 
 for the province, other than marine hospitals. 
 
 8. Municipal institutions in the province. 
 
 9. Shop, saloon, tavern, and auctioneer and other licenses, 
 in order to the raising of a revenue for provincial, local or 
 municipal purposes. 
 
48 
 
 Federal Government in Chnada, 
 
 [504 
 
 
 
 .•1 
 
 10. liocal works and undertakings other than such as are of 
 the following classes : 
 
 a. Lines of steam or other 8lii|>8, railways, canals, tele- 
 graphs and other works and undertakings connecting the 
 province with any other or others of the provinces, or extending 
 beyond the limits of the province; 
 
 6. Lines of steamships between the province and any British 
 or foreign country ; 
 
 0. Such works as, although wholly situate within the prov- 
 ince, are before or after their execution declared by the 
 parliament of Canada to be for the general advantage of 
 Canada, or for the advantage of two or more of the 
 provinces.* 
 
 11. The incorporation of companies with provincial objects. 
 
 12. Solemnization of marriage in the province. 
 
 13. Property and civil rights in the province. 
 
 14. The administration of justice in the province, including 
 the constitution, maintenance and organization of provincial 
 courts, both of civil and of criminal jurisdiction, and including 
 procedure in civil matters in those courts. 
 
 15. The imposition of punishment by fine, penalty or 
 imprisonment for enforcing any law of the province made in 
 relation to any matter coming within any of the classes of 
 subjects enumerated in this section. 
 
 16. Generally all matters of a merely local or private nature 
 in the province. 
 
 A careful consideration of the foregoing section will show 
 how large and important a measure of local self-government 
 is given to all the provincial members of the confederation. 
 It was the object of the framcrs of the constitution to leave to 
 
 ' In 1883 Ihe parliament of Canada passed an act declaring certain rail- 
 ways to be "works for the general advantage of Canada" within the 
 meaning of the section. (See Bourinot's Parliamentary Practice in Can- 
 ada, pp. 687-589). This subject was ably argued before the Supreme 
 Court of Canada in 1888. See Hon. Mr. Blake's argument in the Manitoba 
 case. 
 
606] 
 
 Federal Oovemment in Canada, 
 
 4« 
 
 the old provinces as many of those powers and privileges that 
 they exercised before the confederation, as are necessary to the 
 efficient working of a local government and at the same time 
 to give the central power effective control over all matters 
 which give unity and permanency to the whole federal organi- 
 zation, of which the provincial entities form political parts 
 or divisions. It will be seen, however, that the all important 
 question of education does not fall within the enumeration of 
 matters belonging to provincial legislation, which I have just 
 given, although it is above all others a subject of local or 
 provincial interest. The reason for this must be sought in the 
 political history of the question. 
 
 While the different provinces before confederation were 
 perfecting their respective systems of education, the question 
 of separate schools attained a great prominence. Tiie Protes- 
 tant minority in Lower Canada, and the Roman Catholic 
 minority in Upper Canada, earnestly contended for such a 
 separation as would give the Protestants, in the former, and 
 the Roman Catholics, in the latter province, control of their 
 own schools, and not oblige the children of the two distinct 
 religious beliefs to mix tc^ther. The religious instruction 
 which the Roman Catholics consider inseparable from any 
 public school system could not be accepted by the Protestants. 
 Non-sectarian schools are at direct variance with the principle^ 
 of the Roman Catholic Church. Finally, in all the provinces, 
 except New Brunswick and Prince £dward Island, separate 
 schools obtained at the time of the union, and it accordingly 
 became necessary to give the minorities guarantees for their 
 continuance, as far as such could be given in the constitution. 
 The British North America Act now provides that while the 
 legislature of a province may exclusively make laws on the 
 subject of education, nothing therein shall prejudicially affect 
 any of the denominational schools in existence before July, 
 1867. An appeal lies to the governor-general in council from 
 any jt of the provincial authority affecting any legal right 
 or privilege that the Protestant or Roman Catholic minority 
 
50 
 
 Federal Oovemment in Canada. 
 
 [506 
 
 enjoyed at the time of the union. In case the provincial 
 authorities refuse to act for the due protection of the rights 
 of minorities, in accordance with the provisions of the consti- 
 tution, then the parliament of Canada may provide a remedy 
 for the due execution of the law provided in this behalf.^ 
 Parliament, so far, has not been called upon to act on the pro- 
 visions of this section. The questions that arose in 1872 and 
 in subsequent years, with respect to the New Brunswick school 
 act of 1871, providing for a compulsory rating and assessment 
 for non-sectarian schools, did not come under the law, for the 
 Roman Catholics of New Brunswick did not enjoy separate 
 privileges from other classes of their fellow-citizens previous 
 to confederation ; and all the authorities of the Dominion, as 
 well as of England, the minister of justice of Canada, the 
 
 (2.) 
 
 (3.) 
 
 * 6. N. A. Act, 1867, sec. 93. In and for each province the legislature 
 may exclusively make laws in relation to education, subject and according 
 to the following provisions : — 
 
 (1.) Nothing in any such law shall prejudicially affect any right or pri- 
 vilege with respect to denominational schools which any class of 
 persons have by law in the province at the union ; 
 AH the powers, privileges and duties at the union by law conferred 
 and imposed in Upper Canada on the separate schools and school 
 trustees of the Queen's Boman Catholic subjects, shall be and the 
 same are hereby extended to the dissentient schools of the Queen's 
 Protestant and Boman Catholic subjects in Quebec ; 
 Where in any province a system of separate or dissentient schools 
 exists by law at the union, or is thereafter established by the legis- 
 lature of the province, an appeal shall lie to the governor-general 
 in cou "'I from any act or decision of any provincial authority 
 affec' right or privilege of the Protestant or Boman Catho- 
 
 ''' ^ of the Queen's subjects in relation to education ; 
 
 . any such provincial law as from time to time seems to the 
 jrnor-general in council requisite for the due execution of the 
 provisions of this section is not made, or in case any decision of the 
 governor-general in council on any appeal under thi'' section is not 
 duly executed by the proper provincial authority in that behalf, 
 then and in every such case, and as far only as the circumstances of 
 each case require, the parliament of Canada may make remedial 
 laws for the due execution of the provisions of this section, and of 
 any decision of the governor-general in council under this section. 
 
 (4. 
 
507] 
 
 Federal Government in Canada, 
 
 51 
 
 courts, and the colonial secretary of state, and the judicial 
 committee of the privy council, concurred in the opinion that 
 the legislature had a right to enforce the assessments objected 
 to by the Roman Catholics of the province, and had acted 
 legally within the powers conferred upon them by the act of 
 confederation.^ 
 
 The Dominion and Local governments also exercise cer- 
 tain rights in common. Among the subjects on which they 
 have concurrent powers of legislation are agriculture and 
 immigration.' The dominion parliament may make laws on 
 these subjects for any and all of the provinces, and each legis- 
 lature may do the same for the province over which it has 
 jurisdiction, provided no provincial act is repugnant to any 
 dominion act. These provisions have so far worked in the 
 interests of the provinces separately and of the dominion as a 
 whole. Both these authorities are equally interested in the 
 promotion of matters so deeply affecting the development of 
 the natural resources of all sections. The provinces, excepting 
 Manitoba, have the control of their lands and mines, while 
 the dominion is interested in the opening up of the vast terri- 
 torial area which it has in the north-west ; and it is conse- 
 quently clear that these concurrent powers are wisely arranj::.:^ 
 in the constitutional act. 
 
 If we study the t'vo sections, enumerating the respective 
 powers that fall within the jurisdiction o^^ the dominion par- 
 liament and the provincial legislatures, we shall see that there 
 are certain subjects, which may, as the operation of the act 
 
 * For history of this case see Todd's Pari. Govt, in Cblonies, pp. 346-862. 
 
 ' B. N. A. Act, 1867, sec. 96. In each province the legislature may make 
 laws in relation to agriculture in the province, and to immigration into the 
 province; and it is hereby declared that the parliament df Canada may 
 from time to time make laws in relation to agriculture in all or any of the 
 provinces, and to immigration into all or any of the provinces ; and any law 
 of the legislature of a province, relative to agriculture or to immigration, 
 shall have effect in and for the province, as long and as far only as it is not 
 repugnant to any act of the parliament of Canada. 
 
62 
 
 Federal Oovemmeni in Canada^ 
 
 [608 
 
 il ;r 
 
 proves, fall, under certain limitations, within the province of 
 both. For instance, there is insurance, on which both the 
 dominion government and provincial authorities have fully 
 legislated — the former under the . general provision giving it 
 the jurisdiction over " the regulation of trade and commerce;" 
 the latter under the very wide ■ ;ght to incorporate companies 
 " with provincial objects." The question of jurisdiction has 
 been decided by the courts of Canada, and affirmed by the 
 privy council, and principles laid down of much impoi*tance 
 since they serve to prevent conflict of authority on other sub- 
 jects and give each jurisdiction that power which it should 
 exercise in accord with the general spirit of the constitution. 
 It is now authoritatively decided that the terms of the eleventh 
 paragraph of the ninety-second section are sufficiently com- 
 prehensive to include insurance companies, whose object is to 
 transact business within provincial limits. 
 
 If a company desires to carry on operations outside of the 
 province it will come under the provisions of the general fed- 
 eral law, to which it must conform and which contains special 
 provisions for such purposes. But the authority of the 
 dominion parliament to legislate for the regulation of trade 
 and commerce does not comprehend the power to regulate by 
 legislation the contracts of a particular business or trade, such 
 as the business of fire insurance in a single province. There- 
 fore while the dominion parliament may give power to 
 contract for insurance against loss or damage by fire, the form 
 of the contiact and the rights of the parties thereunder, must 
 depend upon the laws of the country or province in which the 
 business is done.^ 
 
 Although the Dominion parliament has exclusive jurisdic- 
 tion over the criminal law, the local legislatures must necessa- 
 rily have it within their power, as provided for in the act, to 
 
 > See Ctrtwright's caaes on B. N. A. Act, vol. I., pp. 265-350; 4 App. Rep. 
 O irio, 96, 103 ; 43 U. C. Q. B. 261, 271 ; Sup. Court R., vol. IV., pp. 215- 
 S.rf;45 L. T.N. S., 721. 
 
509] 
 
 Federal Government in Canada. 
 
 53 
 
 impose punishment by fine, penalty or imprisonment, for 
 enforcing any law of the province within its legislative 
 authority. The legislature may add " hard labor " to confine- 
 ment or restraint in prison in legislating on a subject within its 
 jurisdiction. Such a power is not in conflict with the authority 
 of the dominion parliament over criminal matters.^ This 
 seems a necessary incident to a legislative power. It is a prin- 
 ciple which parliament itself applies with respect to civil rights 
 over which the legislatures have exclusive jurisdiction. All 
 the legislative authorities must act, however, within their 
 constitutional spheres, and not push their pretentions to 
 extremes. As in the insurance .case just mentioned, powers 
 should be sought from each legislative body within its v^nsli- 
 tutional limits. .Nor should parliament interfere with such 
 details of an organization as are wholly within the jurisdiction 
 of a provincial sovereignty.' 
 
 It must necessarily happen in the operation of a written 
 constitution like ours thjsA conflicts of jurisdiction will arise in 
 cases where the respective powers of the distinct legislative 
 authorities are not sufficiently defined. Sometimes it is diffi- 
 cult, while the constitution is working itself out, to decide 
 wliere the jurisdiction rightly lies. The difficulty that may 
 arise in such cases can be seen by reference to the decisions of 
 the Canadian courts and of the judicial committee of the privy 
 council on questions affecting the traffic in intoxicating liquors. 
 The privy council has decided that the Canada temperance act 
 of 1878 which, in effect, authorizes the inhabitants of each 
 town, parish or county to prohibit or to regulate the sale of 
 liquor, and to direct for whom, or for what purposes, and under 
 what conditions, spirituous liquors may be sold therein, does 
 not deal with matters of a purely local nature, nor with prop- 
 erty nor civil rights, nor with the raising of a revenue for pro- 
 
 I Bee Hodge va. the Queen, 9 App. Cu., 117. 
 
 * Beniarks of Sir John A. Maodonald, Mr. Blake and others, Can. Han- 
 sard, 1883, pp. 499, 500. 
 
54 
 
 Federal Government in Canada, 
 
 [510 
 
 mi 
 
 J.' 
 
 ni J: 
 
 Ki 
 
 vincial, local or municipal purposes, as assigned exclusively to 
 the jurisdiction of the provincial legislatures ; but is rather 
 one of those subjects relating to public order and safety which 
 fall within the general authority of parliament to make laws 
 for "the order and good goverufnent" of Canada. On th^i 
 other hand, the same body has decided that it is competent for 
 a legislature of a province to pass an act regulating the issue 
 of licenses for the sale, of liquor in the municipalities of a 
 province, and authorizing the appointment of commissioners 
 to define, by resolutions, the conditions and qualifications re- 
 quired to obtain licenses. This learned body has pointed out 
 that the powers of such a provincial act are confined in its 
 operations to municipalities iu a province, and entirely local 
 in its character, and in fact identical for the most part with 
 the powers that belonged to municipal institutions under the 
 laws that had been passed by the legislatures previous to con- 
 federation. In short, such an act was considered, by their 
 Lordships, as in the nature of police anjJ municipal regulations, 
 calculated to preserve in the municipality peace and public 
 decency, to repress drunkenness and disorderly and riotous 
 conduct.^ These decisions, to a certain extent, dealing as they 
 do with cognate subjects, will perplex the ordinary lay mind 
 not accustomed to legal subtilties; and there are those who 
 say^ that in the first decision their Lordships had not the ben- 
 efit of a very complete argument in favor of the contention 
 
 i: I -i 
 
 
 i I'M 
 
 * See 7 App. Caa., 829 : Legal News, January 19th, 1884. 
 
 'The late Mr. Justice Henry, one of the authors of the confederati j, in 
 a judgment on a cognate question, reiterated the opinion he had expressed 
 on the Canada Temperance act, that the British North America act, "if 
 read in the light which a knowledge of the subject before the passage 
 of that act would produce, plainly gives the {lower of legislation to the 
 local legislatures in respect of licenses." His whole argument went to show 
 " the right to make laws for the peace, &c., of Canada is as fully restricted 
 to such subjects as do not come within the classes of subjects assigned to the 
 legislatures of the provinces as language can make it ;" and that the privy 
 council did not give due consideration to the power of the legislatures 
 over those special subjects. Sup. Court B., vol. XI., pp. 3S-39. 
 
611] 
 
 Federal Oovemment in Canada, 
 
 55 
 
 for local jurisdiction, and hardly well appreciated the full 
 weight that should be given to the paragraph giving the prov- 
 inces complete jurisdiction over all matters of a merely local 
 or private nature in a province. At all events, the second 
 decision has recommended itself as in harmony with the gen- 
 eral spirit of local powers granted to the provincial legisla- 
 tures. As it was, the immediate effect of these decisions, in a 
 measure involving contradictions, was to throw the liquor- 
 licensing legislation of the country into much confusion ; for 
 the Dominion government considered itself justified in passing 
 a general license act, which subsequently was declared ultra 
 vires, except where the act dealt with wholesale and vessel 
 licenses, or carried into effect certain provisions of the Canada 
 Temperance act.^ 
 
 The conclusion we come to after studying the operation of 
 the constitutional act, until the present time, is that while its 
 framers endeavored to set forth more definitely the respective 
 powers of the central and local authorities than is the case with 
 the constitution of the United States, it is not likely to be any 
 more successful in preventing controversies constantly arising 
 on points of legislative jurisdiction. The American constitu- 
 tion is remarkable for its precision, the generality of its 
 principles, the avoidance of too many details, and the elasticity 
 of which it is capable when applied to the needs and exigencies 
 of the nation and states. The effort was made in the case of 
 the Canadian constitution to go in the other direction, and 
 more fully define the limits of the authority of the dominion 
 and its political parts ; but while great care was evidently taken 
 to prevent the dangerous assertion of provincial rights, it is 
 clear that it has the imperfections of all statutes, when it is 
 attempted to meet all emergencies. Happily, however, by 
 means of the courts in Canada, and the tribunal of last resort 
 in England, and the calm deliberation which the parliament is 
 
 * See Bonrinot's Manual of Constitutional History, pp. 139-146. 
 
 "m 
 
56 
 
 Federal Government in Canada, 
 
 [512 
 
 ■Hi 
 
 il 
 
 •I' 
 
 : 'II 
 
 ■1! 
 1 V 
 
 
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 nil 
 
 I 
 I 
 
 learning to give to all questions of dubious jurisdiction, the 
 principles on which the federal system should be worked are, 
 year by year, better understood and the dangers of continuous 
 conflict lessened. It is inevitable, if we are to judge from the 
 working of a federal system in tlie United States, that tliere 
 should be, at times, a tendency either to push to extremes the 
 doctrine of the subordination of the provinces to the central 
 power, or on the other hand to claim powers on behalf of the 
 provincial organizations, hardly compatible with their position 
 as members of a confederation based on the principle of giving 
 complete jurisdiction to the central government over ail mat- 
 ters of national and general import. It is obvious that in 
 certain legislation the Dominion parliament must trench upon 
 some of the powers exclusively given to the local organiza- 
 tions, but it cannot be argued, with a due regard to the true 
 framework of the constitutional act and the principles that 
 should govOTn a federal system like ours, that the powers of 
 the provinces should be absorbed by the dominion or central 
 authority in cases of su(^ apparent conflict. Referring to this 
 point the privy council calls attention to the fact that the gen- 
 eral subject of "marriage and divorce" n given to the 
 jurisdiction of the dominion parliament, anu the " solemni- 
 zation of marriage" to the legislature of a province. It is 
 evident that tlie solemnization of marriage would come within 
 the general description of the subject first mentioned ; yet no 
 one can doubt, notwithstanding the general language of the 
 ninety-first section, that this subject is still within the exclu- 
 sive authority of the l^islatutes of the provinces. "So," 
 continues the privy council, "the raising of money by any 
 mode or system of taxation is enumerated among the classes of 
 subject in section ninety-one, but though the description is 
 sufficiently large and general to include direct taxation within 
 the province in order to aid the raising of a revenue for pro- 
 vincial purposes assigned to the provincial legislatures by the 
 ninety-second section it obviously could not have been intended 
 
613] 
 
 Federal Oovemment in Canada, 
 
 67 
 
 that in this instance also the general power should override 
 the particular one." ^ 
 
 It is now laid down by the highest judicial authorities that 
 the dominion parliament has the right to interfere with 
 " property and civil rights " in so far as such interference may 
 be absolutely necessary for the purjxjse of legislating generally 
 and effectually in relation to matters confided to the parliament 
 of Canada. Laws designed for the promotion of public order, 
 safety or morals, and which subject those who contravene them 
 to criminal procedure and punishment, belong to the subject of 
 public wrongs rather than to that of civil rights. T' ey are 
 of a nature which fall within the general authority of parlia- 
 ment, to make laws for the good order and government of 
 Canada, and have direct relation to criminal law, which is one 
 of the enumerated classes of subjects assigned exclusively to 
 the parliament of Canada. Few if any laws could be made by 
 the parliament for the peace, order and good government of 
 Canada which might not, in some incidental way, affect pro- 
 perty and civil rights ; and it could not have been intended 
 when assuring to the provinces exclusive legislative authority 
 on the subject of property and civil rights, to exclude the par- 
 liament from the exercise of this general power whenever any 
 such incidental interference would result from it.* As on the 
 one hand the federal parliament cannot extend its own 
 jurisdiction by a territorial extension of its laws, and legislate 
 on subjects constitutionally provincial, by enacting them for 
 the whole dominion ; so, on the other hand, a provincial legisla- 
 ture cannot extend its jurisdiction over matters constitutionally 
 federal, by a territorial limitation of its laws and legislate on 
 matters left to the federal power, by enacting them for the 
 province only, as for instance, incorporate a bank for the 
 province.' 
 
 »L. T. N. S., 721 : Cartwright, vol. I., pp. 272, 273. 
 
 n App. Cas., 829. 
 
 •Can. Sup. Court R, IV., 310. 
 
 6 
 
68 
 
 Federal Government in Canada. 
 
 [514 
 
 It 
 
 
 If ^: ill 
 
 m 
 
 m 
 
 When the British North America Act enacted that there 
 should be a legislature for a province, and that it should have 
 exclusive authority to make laws for the provinces and for 
 provincial purposes in relation to the matters enumerated in 
 the ninety-second section, it conferred powers not in any sense 
 to be exercised by delegation from, or as agents of, the impe- 
 rial parliament, but authority as plenary and as ample within 
 the limits prescribed by the section, as the imperial parliament, 
 in the plenitude of its power, possesses and could bestow.* 
 
 In short, each legislative body should act within the legiti- 
 mate sphere of its clearly defined powers, and the dominion 
 parliament should no more extend the limits of its jurisdic- 
 tion, by the generality of the application of its law, than a 
 local legislature should extend its jurisdiction by localizing 
 the application of its statutes.^ 
 
 I might cite other opinions bearing on the same important 
 question, but I have already given enough to show the prin- 
 ciples that should generally prevail if the federal constitution 
 is to be efficiently carried out with a true consideration of all 
 the interests involved.' The federal government should work 
 in harmony with provincial institutions, and by leaving them 
 full scope within the limits of the constitution at once give 
 strength and stability to the central government and confidence 
 to the various local organizations without which it could not 
 exist. 
 
 In one most important respect the dominion government 
 exercises a direct control over the legislation of each province. 
 While the imperial government can disallow any act of the 
 
 » 9 App. Cas., 117 ; Cartwright, vol. III., p. 162. 
 
 The same power exists in the States. " When a particular power," says 
 Judge Coolej, " is found to belong to the States, they are entitled to the 
 same complete independence in its exercise as the national government in 
 wielding its own authority." 
 
 * Legal News (the late Mr. Justice Ramsay) on Hodge vs. the Queen, 
 January 26th, 1884. 
 
 ' See Bourinot's Manual of Constitutional History, chap. xiy. 
 
515] 
 
 Federal OoverriTnent in Canada, 
 
 59 
 
 CaDadian parliament at variance with the interests of the 
 Empire, the governor in council can, within one year from 
 its receipt, disallow any act of a provincial legislature. 
 Here is one of the evidences which the constitution affords 
 of the subordinate position in certain particulars of the pro- 
 vincial authorities. It illustrates the fact that the dominion 
 government now occupies those relations towards the provin- 
 cial governments that England, before the confederation, held 
 with reference to the provinces, and still does in the case of 
 all colonies outside of Canada. This power of disallowance 
 is not limited in terms by the British North America Act,* 
 but may be exercised even with respect to an act clearly within 
 the constitutional jurisdiction of the provincial legislatures. 
 It has so far been exercised in a very insignificant number of 
 cases, compared with the vast amount of legislation that annu- 
 ally passes the provincial bodies ; but in some of these cases it 
 caused much irritation, notably in Manitoba, whose provincial 
 railway acts were vetoed on several occasions on the ground 
 that they were in conflict with obligations that the dominion had 
 assumed towards the Canadian Pacific Railway. These 
 restrictions were only removed after parliament had given the 
 Pacific railway certain privileges as compensation for the 
 removal of their railway monopoly in the north-west. From 
 these and other instances of the exercise of this political power, 
 the student will see that it is one to be exercised with great 
 discretion and judgment, as otherwise it may involve conse- 
 
 > Sec. 90. The following provisions of this act respecting the parliament 
 of Canada, namely, — the provisions relating to appropriation and tax bills, 
 the recommendation of money votes, the assent to bills, the disallowance 
 of acts and the signification of pleasure on bills reserved, — shall extend 
 and apply to the legislatures of the several provinces as if those provisions 
 were here re-enacted and made applicable in terms to the respective pro- 
 vinces and the legislatures thereof, with the substitution of the lieutenant- 
 governor of the province for the governor-general, of the governor-general 
 for the Queen„ and for a secretary of state, of one year for two years, and of 
 the province for Canada. 
 
60 
 
 Federal Govenimenl in Canada, 
 
 [516 
 
 Ml 
 
 1 •( ?, 
 
 S|l 
 
 
 m 
 
 *:4^ 
 
 quences fatal to the harmony and integrity of the confedera- 
 tion. Thi8 power can be properly exercised when the act 
 under consideration is beyond the constitutional competency of 
 the legislature, or when it is repugnant to dominion legislation 
 in cases where there is concurrent jurisdiction, or when it is 
 hostile to the rights enjoyed by a minority under the constitu- 
 tion, or when clearly hostile or dangerous to the peace and 
 unity of the dominion generally. Before advising the gover- 
 nor-general on an act of dubious import, or only partially 
 defective, the council must consider whether it will not be 
 sufficient to inform the legislative body, responsible for its 
 passage, of the objectionable features, and allow it to go into 
 operation on the understanding that they will be removed by 
 an amending act. Or in cases where the act is useful, though 
 ultra vireSf the government has recommended confirmatory 
 legislation by the dominion parliament, or in matters of doubt 
 they have been left to the courts to decide whenever a question 
 should arise for their determination. The cases are so 
 numerous when the dominion government is called upon to 
 exercise its power of allowance or disallowance, that it is out 
 of the question that I should here attempt to lay down with 
 any accuracy, the various reasons and principles that should 
 guide it in this important work of supervision. The danger 
 arises from the exercise of the power, on the grounds of public 
 policy, in the case of a question clearly within the constitu- 
 tional powers of a legislature. The principle that should 
 prevail, as a rule, is to leave to their operation all acts that 
 fall within the powers of the provincial legislature, which 
 within its legal sphere has as absolute a right of legislation as 
 the dominion parliament itself; and if the dominion authori- 
 ties, at any time, for sufficient reasons, consider it necessary to 
 interfere in provincial affiiirs, they must be prepared to justify 
 their action before parliament and the country, so deeply inter- 
 ested in the preservation of the union. Opinion is divided as 
 to the wisdom of a provision which gives so sovereign a 
 power to a political body, and it may be doubted if in this 
 
517] 
 
 Federal Oovemmeni in Canada. 
 
 61 
 
 respect our constitution is an improvement upon that of the 
 United States. The veto is so much valued in the states that 
 while originally only one state, Massachusetts, vested it in the 
 governor, now all but four have it. The President vetoes the 
 acts of Congress, which can, however, override his decision by 
 a two-thirds vot« in each house ; and the governors in each 
 state, as just remarked, exercise the same power with respect 
 to state legislation. But the disallowance of' state legislation 
 by the executive at Washington, has never existed, and was 
 never suggested in the case of the American federal system.^ 
 
 The adoption of such a principle in 1787 would have been, 
 in all probability, fatal to the passage of the constitution of the 
 states, many of whom agreed to that measure with doubt and 
 suspicion. They agreed, wisely, as experience seems to show, 
 to leave the judicial branch of the constitution to determine 
 the constitutionality of all acts of congress or of the legislature. 
 
 Political considerations cannot enter into this judicial 
 determination. As long as a statute is within the constitu- 
 tional jurisdiction of a body that passed it, the federal judiciary 
 cannot do otherwise than so declare, even if it be objectionable 
 at the time on grounds of public policy. The future will 
 soon prove whether this extraordinary supervision, given to 
 the dominion over the provinces, is calculated to strengthen 
 
 ' " While the constitution was being framed the suggestion was made, and 
 for a time seemed likely tu be adopted, that a veto on acts of state legisla- 
 tures should be conferred upon the federal congress. Discussion revealed 
 the objections to such a plan. Its introduction would have offended the 
 sentiment of the states, always jealous of their autonomy ; its exercise would 
 have provoked collisions with them. The disallowance of a state statute, 
 even if it did really offend against the federal constitution, would have 
 
 seemed a political move, to be resented by a political counter-move 
 
 But by the action of the courts the self-love of the states is not wounded, 
 and the decision annulling their laws is nothing but a tribute to the 
 superior authority of the supreme enactment to which they were themselves 
 parties, and which they may themselves desire to see enforced against some 
 other state on some not remote occasion." — Prof. Bryce's American Com- 
 monwealth, I., p. 343. 
 
I ' ! 
 
 1 ' I 
 V ! 
 
 62 
 
 Federal Oovemmeni in Canada. 
 
 [518 
 
 W: t 
 
 I 
 II i 
 
 
 
 f 'i ■■. ' 
 
 the confederation, or has in it the elements of political discord 
 and disunion. As long as the dominion and provincial gov- 
 ernments are politically identified, the danger from conflict is 
 minimized, but it is possible to suppose the case of violent 
 antagonism between these governinente when the central power 
 mi^ht in a moment of passion or arrogance use its authority 
 to check or thwart the government made subordinate to it in 
 this particular. Happily, so far, the history ^ of this large 
 power is not calculated to raise apprehensions that it is likely 
 to be recklessly exercised ; for the cases which have heretofore 
 created much discussion, and even discontent, have been 
 defended on grounds of public policy or the public faith, 
 though the wisdom and soundness of that policy has been 
 doubted by others who have looked at the whole question from 
 a purely provincial point of view. The sound sense of the 
 people must always prevail in a country like this, and keep 
 all governments from unduly and rashly interfering «vith the 
 constitutional rights of the different sections of the domin- 
 ion, to whom has been granted such a complete system of 
 local self-government as is compatible with the unity arid per- 
 manency of the dominion at large.' 
 
 ^ See correspondence, reports of the Ministers of Justice, and orders in 
 council upon the subject of provincial legislation, 1867-1887, compiled 
 under direction of the Ministers of Justice, by W. E..Hodgins, for a com- 
 plete history of the exercise of this important responsibility thrown upon 
 the dominion government. 
 
 ' The inexpediency of disallowing any measure believed to be within the 
 constitutional jurisdiction of a province was strongly asserted in the debate 
 in the Canadian House of Commons in 1889, on the Quebec Statute, 51-52 
 Victoria, c. 13. " An act respecting the settlement of the Jesuits' Estates." 
 The Jesuits had been suppressed by the Pope in 1773, and their property 
 taken possession of in 1800 by the British government, which applied the 
 revenues thereof to public instruction in the province of Lower Canada ; 
 but the Roman Catholic Church, always through its Bishops, contended 
 that it should be vested with all the estates as a result of the suppression 
 of the society. This body, however, has been reinstated in these later 
 times, and an act of incorporation was granted it by the Quebec legislature in 
 1887. The Quebec government then carried through the first-mentioned 
 
519] 
 
 Federal Oov&rnment in Canada'. 
 
 63 
 
 It is on the courts of Canada, aided by the ripe judgment 
 and learning of the judicial committee of the privy council, we 
 mu'^t, after all, mainly depend for the satisfactory operation of 
 our constitutional act. The experience of the United States 
 has shown the inesti nable value of the decisions given by the 
 judges of the supreme and the federal courts on questions that 
 have arisen, from time to time, in connection with their con- 
 
 act, authorizing the payment of $400,000 as compensation for the sale of the 
 estates formerly held by the Jesuits, and as a means of settling a longstand- 
 ing difficulty. These estates, it must be remembered, became the property 
 of the province after confederation and were entirely at the disposal of 
 the legislature. 
 
 The negotiations with the See of Rome, and the Society are formally 
 set forth in the preamble of the act in the shape of correspondence 
 between the Quebec government and the representatives of those reli- 
 gious bodies, and it is expressly stated that the agreement will be bind- 
 ing only in so far as it shall be ratified by the Pope and the Legisla- 
 ture, and the amount of compensation was to remain as a special deposit 
 until the former had made known his wishes respecting its distribution. 
 The government in treating on the question, did not "recognize any 
 civil obligation but merely a moral obligation." Subsequently the funds 
 were distributed by the Pope — the greater part to certain educational insti- 
 tutions in the province, and the remainder to the Society. Out of this 
 settlement a heated controversy, involving old world and ancient issues, 
 lias arisen in Canada, and was transferred to parliament by a resolution, 
 formally asserting that the government should have at once disallowed the 
 act as beyond the power of the legislature because, among other things, "it 
 recognizes the usurpation of a right by a foreign authority, namely, His 
 Holiness, the Pope, to claim that his consent was necessary " to dispose 
 and appropriate the public funds of a province. It was contended on the 
 other hand that the Pope, as the head of the Church, was simply called upon 
 to act as an arbitrator between the disputants in a matter in which the inter- 
 ests of the Church were involved. The inference that may be drawn from the 
 debate on the whole question in the House of Commons is this : that the 
 almost unanimous vote in favor of the course of the government in allowing 
 the bill when it came formally before them (one hundred and eighty-eight 
 against thirteen) was chiefly influenced by the conviction that the 
 legislature of the province had an unquestionable right to dispose of its own 
 funds as it might think proper, or in the words of the minute of council, 
 approved by the governor-general, " the subject matter of the act is one of 
 provincial concern, only having relation to a fiscal matter entirely within 
 
64 
 
 Federal Oovemment in Canada. 
 
 [620 
 
 stitution. The name of Chief Justice Marshall, especially, 
 must be always associated with their fundamental law ; for it 
 is in a great measure owing to his great legal knowledge, to 
 his broad views, to his capacity of comprehending the true 
 spirit, scope and meaning of the principles laid down in the 
 constitution, and to his ability to apply them to the circum- 
 stances that surrounded him at v^ y critical times, that the 
 
 Ail 
 
 ii'i 
 
 the control of the legislature of Quebec." In the course of the learned 
 debate' that took place on the merits of this very vexatious issue a very 
 clear exposition was given by several speakers from their respective points 
 of view of the principles by which the relations between the dominion and 
 the provincial governments should be governed. But there is another 
 conclusion which I think may be fairly deduced from a debate of this char- 
 acter. An executive power which can be thus questioned in the political 
 arena seems obviously fraught with perilous consequences. If all questions 
 of the constitutionality of a provincial act could be decided only in the 
 courts, parliament would be saved the discussion of matters, which, once 
 mixed up with political and religious issues, must ne'^ssarily be replete 
 with danger in a country like Canada, with a population nearly half 
 Roman Catholic. In Canada and the United States, there is so much 
 respect for the law and the bench that the people rarely question the 
 wisdom of a judicial decision on any subject of importance. Can as much 
 be said for the judgment of a political body, however honestly rendered it 
 may be ? 
 
 The following remarks of a very judicious writer, Professor Dicey, in the 
 Law of the Constitution, (p. 166) may well be quoted in this connection : 
 " The main reason why the United States have carried out the federal 
 system with unqualified success is that the people of the union are more 
 thoroughly imbued with constitutional ideas than any other existing nation. 
 Constitutional questions arising out of either the constitutions of the sev- 
 eral states or the articles of the federal constitution are of daily occurrence, 
 and constantly occupy the courts. Hence the people become a people of 
 constitutionalists ; and matters which excite the strongest possible feeling, — 
 as for instance, the right of the Chinese to settle in the country, — are 
 determined by the judicial bench, and the decision of the bench is acqui- 
 esced in by the people. This acquiescence or submission is due to the 
 Americans inheriting the legal notions of the common law ; that is, of the 
 most legal system of law, if the expression may be allowed, in the world." 
 See also Hare's American Constitutional Law, vol. I., pp. 122, 123. 
 
 I Se' Canadton Hansaid for April 26, 27 and 28, 1889,, 
 
^ 
 
 521] 
 
 Federal OovemmerU in Canada. 
 
 66 
 
 union gained strength during the years he preblJcv! over the 
 Supreme Court.' 
 
 The Quebec convention of 1864 appears to have fully ap- 
 preciated the neccHsity of having a Supreme Court of Canada 
 which would bear as much resemblance as |)ossible to the 
 American tribunal ; for they agreed to a resolution, which is 
 now embodied in the section of the British North America Act 
 which provides " for the constitution, maintenance and organ- 
 ization of a general court of appeal for Canada, and for the 
 establishment of any additional courts for the better adminis- 
 tration of the laws of Canada." The Judiciary of Canada, 
 from the lowest to the highest, can and do constantly decide 
 on the constitutionality of acts, passed by the various legisla- 
 tive authorities of the Dominion. They do so in their capa- 
 city as judges and expounders of the law, and not because 
 they have any especial commission, or are invested with any 
 political powers or duties by the constitution.^ 
 
 Unlike the United States, Canada has no federal courts 
 established in the provinces, although the section just quoted 
 seems to provide for some such courts, should they be consid- 
 ered necessary. The constitution, maintenance and organiza- 
 tion of the courts in the provinces will be seen, by reference 
 
 'Professor Bryce (The American Commonwealth, II., p. 1) very tersely 
 shows the importance of the influence that the decisions of the supreme 
 court have exercised on the constitution : " Hence, although the duty of the 
 court is only to interpret, the considerations affecting interpretation are 
 more numerous than in the case of ordinary statutes, more delicate, larger 
 in their reach and scope. They sometimes need the exercise not merely of 
 legal acumen and judicial fairness, but of a comprehension of the nature 
 and methods of government which one does not demand from the European 
 judge, who walks in the narrow path traced for him by ordinary statutes. 
 It is therefore hardly an exaggeration to say that the American constitu- 
 tion, as it now stands, with the mass of foregoing decisions which explain 
 it, is a far more complete and finished instrument than it was when it came 
 first new from the hands of the convention. It is not merely their work 
 but the work of the judges, and, most of all, of one man, the great Chief 
 Justice Marshall." 
 
 'Seell. Bryce, p. 184. 
 
!i' 
 
 66 
 
 Federal Government in Canada. 
 
 [522 
 
 i 
 
 if 
 
 1:1 
 
 
 i 1:1 
 
 ■Li* -li 
 
 'm 
 
 to the ninety-second section, to be within the matters placed 
 under provincial jurisdiction, though the judges are appointed 
 and paid by the dominion government, with the exception of 
 the courts of probate in Nova Scoti?, and New Brunswick.^ 
 
 In 1875, however, it was deemed advisable to pass an act 
 providing for the establishment of a Supreme Court and Ex- 
 chequer Court of Canada.' But the court is only a general 
 court of appeal for Canada in a limited sense, since the exist- 
 ing right of appeal in the various provinces to the privy 
 council has been left untouched. Nor can it be called a final 
 court of appeal for Canada, since the privy council entertains 
 appeals from its judgments by virtue of the exercise of the 
 royal prerogative.' This court consists of a chief justice and 
 five puisne judges, two of whom, at least, must be appoiuted 
 from the bench or bar of the province of Quebec — a provision 
 intended to give the court the assistance of men specially 
 versed in French Canadian law. With certain exceptions set 
 forth in the act, an appeal can lie to this court and from the 
 highest court of final resort in a province. The governor- 
 general in council may refer to the supreme court for hearing 
 or consideration any matter which he deems advisable in the 
 public interest ;* but in certifying their opinion, the judges, 
 
 
 m 
 
 m 
 
 ^ Sees. 96-97. The Maritime Court of Ontario is, however, a federal 
 court. 
 
 ' 38 Vict., ch. 11. The act was amended in 1887, by removing the Exche- 
 quer Court jurisdiction from the Supreme Court and giving it to a judge 
 especially appointed for that purpose. 50-51 Vict., ch. 16. 
 
 ' Cassell's Practice of the Supreme Court of Canada, p. 4. 
 
 *No such provision exists in the case of a federal judiciary. That 
 branch of the government can be called upon " only to decide controversies 
 brought before them in a legal form ; and therefore are bound to abstain 
 from any extra-j'idicial opinions upon points of law, even though solemnly 
 requested by the executive. President Washington, in 1793, requested its 
 opinion upon the constitution of the treaty with France of 1778 ; but they 
 declined to give any opinion for the reasons just stated." Story's Commen- 
 taries (Cooley*s ed.), g 1571. 
 
 Some of the state constitutions provide for a similar reference by 
 the governor or legislature to the Supreme Court of the state. *' The 
 
623] 
 
 Federal Oovemment in Canada. 
 
 67 
 
 following the practice of the judicial committee, do not give 
 any reasons. On more than one occasion this power of refer- 
 ring a question, on which there is a legal or constitutional 
 difficulty, has been found very useful ^o the parties interested, 
 as well as to the country at large.^ It is also provided that 
 controversies between the dominion and any province, or 
 between the provinces themselves, may be referred to the 
 exchequer court, and on appeal from that court to the 
 supreme court, and cases in which the question of the validity 
 of a dominion or provincial act is shown to be material to the 
 issue, ma)* come within the jurisdiction of the court, whenever 
 the legislature of one province has passed an act — as has been 
 done by Ontario, Nova Scotia, and British Columbia — ^agree- 
 ing to such references. Either house of parliament may also 
 refer to the court any private bill for its report thereon, but 
 so far the senate alone has availed itself of this provision in 
 the case of a bill of doubtful jurisdiction.* 
 
 It will be seen from this summary of the powers of the 
 court that it is intended to make it, as far as practicable, a 
 
 judges of the Supreme Court of Massachusetts suggest in their very 
 learned and instructive opinion delivered to the legislature, December 31, 
 1878, that this provision, which appears first in the Massachusetts consti- 
 tution of 1780, and was doubtless borrowed thence by the other states, evi- 
 dently had in view the usage of the British constitution, by which the 
 King as well as the House of Lords, whether acting in their judicial or 
 in their legislative capacity, had the right to demand the opinion of the 
 twelve judges of England. This is still sometimes done by the House of 
 Lords; but the opinions of the judges are not necessarily followed by that 
 House, and though always reported are not deemed to be binding pronounce- 
 ments of law similar to the decisions of a court." Bryce's American Com- 
 monwealth, II., 48, 49. 
 
 * Cassell's Practice of the Supreme Court of Canada, p. 4. The latest 
 case of reference to the judges was one of a serious controversy between the 
 government of Manitoba and the Canadian Pacific Bailroad, which refused 
 permission to a Manitoba railroad to cross its track ; but this case was re- 
 ferred under section 99 of the Railway Act (57 Vict., c. 29, 1888). The 
 question of the validity of the Liquor License Act wor referred under sec. 
 26 of a special act, 47 Vict., c. 32. 
 
 ' Bourinot's Pari. Practice in Canada, pp. 606-607. 
 
68 
 
 Federal Government in Canada. 
 
 [524 
 
 
 li 
 
 II 
 
 1 
 
 
 li i^r 
 
 ill. 
 I' 
 
 ill 
 
 a^v 
 
 
 court for the disposal of controversies that arise in the work- 
 ing of the constitutional system of Canada. So far its 
 decisions have won respect in Canada, and have been rarely 
 overruled by the judicial committee of the privy council, 
 which, by virtue of Her Majesty's royal prerogative, enter- 
 tains appeals from the court where it is considered that any 
 error of law has been made, and substantial interests have 
 been involved/ 
 
 As I have in the first paragraph of this lecture referred to 
 the importance of this appeal to the privy council, it is not 
 necessary that I should dwell here on the subject. 
 
 I have now shown you the leading features of the constitu- 
 tional relations that exist between the dominion and the pro- 
 vinces, and have stated some of the principles, as I understand 
 them, that should guide the construction of the fundamental char- 
 ter under which each authority acts. In other lectures, I shell 
 review the duties and functions of the executive, administra- 
 tive and parliamentary bodies by which the federal system is 
 governed ; but there are a few other points that properly fall 
 within the scope of this lecture. First of all, and the most 
 important in many ways, are the methods that the constitution 
 provides for meeting the financial necessities of the dominion 
 and of the provinces. The ninety-second section shows that 
 the dominion parliament can raise money by any mode or sys- 
 tem of taxation, borrow money on the public credit, issue 
 paper money and regulate trade and commerce. Revenue is 
 
 ' See Sec. 71 of Supreme Court Act, which after setting forth that the judg- 
 ment of the court shall be final, adds the proviso, " saving any right which 
 Her Majesty may be graciously pleased to exercise by virtue of her royal 
 prerogative. But by an act passed by the Canadian parliament in 1888, 
 (61 Vict., c. 43) it is provided that " notwithstanding any royal prerogative" 
 no appeal shall be brought in any criminal case from any judgment or 
 order of any court in Canada to any court of appeal in the United King- 
 dom. Exception was, I understand, taken to this act by the imperial author- 
 ities, but it does not appear to have been disallowed. This strong assertion 
 of Canadian judicial independence rests on the powers given to the Cana- 
 dian parliament by sections 91 (sub-s. 27) and 101 of B. N. A. Act, 1867. 
 
525] 
 
 Federal Government in Canada. 
 
 69 
 
 accordingly raised principally from duties imposed on imports, 
 and on certain articles, chiefly tobacco and liquors, manufac- 
 tured in the dominion, and in addition to these there are cer- 
 tain minor revenues collected from the sale of lands in the 
 north-west territories, over which the dominion government 
 has exclusive control. All these moneys are paid into the 
 treasury, and form what is known in law as "the Consolidated 
 Revenue Fund of Canada," out of which are paid all the costs, 
 charges and expenses incident to the collection and manage- 
 ment of this fund, and all the expenses of government.^ 
 
 ^ fi. N. A. Act, 1867, sec. 102. All duties and revenues over which the 
 respective legislatures of Canada, Nova Scotia and New Brunswick before 
 and at the union had and have power of appropriation, except such por- 
 tions thereof as are by this act reserved to the respective legislatures of the 
 provinces, or are raised by them in accordance with the special powers con- 
 ferred on them by this act, shall form one consolidated revenue fund, to be 
 appropriated for the public service of Canada in the manner and subject to 
 the charges in this act provided. 
 
 103. The consolidated revenue fund of Canada shall be permanently 
 charged with the costs, charges and expenses incident to the collection, 
 management and receipt thereof, and the same shall form the first charge 
 thereon, subject to be reviewed and audited in such manner as shall be 
 ordered by the governor-general in council until the parliament otherwise 
 provides. 
 
 104. The annual interest of the public debts of the several provinces of 
 Canada, Nova Scotia and New Brunswick at the union shall form the second 
 charge on the consolidated revenue fund of (Canada. 
 
 105. Unless altered by the parliament of Canada, the salary of the gov- 
 ernor-general shall be ten thousand pounds sterling money of the United 
 Kingdom of Great Britain and Ireland, payable out of the consolidated 
 revenue fund of Canada, and the same shall form the third charge thereon. 
 
 106. Subject to the several payments by this act charged on the consoli- 
 dated revenue fund of Canada, the same shall be appropriated by the par- 
 liament of Canada for the public service. 
 
 107. All stocks, cash, bankers' balances, and securities for money belong- 
 ing to each province at the time of the union, except as in this act men- 
 tioned, shall be the property of Canada, and shall be taken in reduction of 
 the amount of the respective debts of the provinces at the union. 
 
 108. The public works and property of each province enumerated in the 
 third schedule to this act shall be the property of Canada. ' 
 
 PS5I!3ISI 
 
70 
 
 Federal Oovemment in Canada. 
 
 [526 
 
 These moneys are, in every instance, voted by parliament, 
 but while certain sums are autliorized annually by the appro- 
 priation act — which comprises the annual grants voted every 
 session in supply — other payments are made under the sanc- 
 tion of statutes. These statutes,' which are permanent and can 
 only be repealed or amended by act of parliament, provide 
 for salaries of the governor-general, lieutenant-governors, 
 ministers of the crown, judges, and other high functionaries, 
 
 II 
 
 
 m 
 
 109. All lands, mines, minerals and royalties belonging to the several 
 provinces of Canada, Nova Scotia and New Brunswick at the union, and 
 all sums then due or payable for such lands, mines, minerals or royalties, 
 shall belong to the several provinces of Ontario, Quebec, Nova Scotia and 
 New Brunswick in w^hich the same are situate or arise, subject to any trusts 
 existing in respect thereof, and to any interest other than that of the pro- 
 vince in the same. 
 
 110. All assets connected with such portions of the public debt of each 
 province as are assumed by that province, shall belong to that province. 
 
 111. Canada shall be liable for the debts and liabilities of each province 
 existing at the union. 
 
 112. Ontario and Quebec conjointly shall be liable to Canada for the 
 amount (if any) by which the debt of the province of Canada exceeds at 
 the imion sixty-two million five hundred thousand dollars, and shall be 
 charged with interest at the rate of five per centum per annum thereon. 
 
 113. The assets enumerated in the fourth schedule to this act, belonging 
 at the union to the province of Canada, shall be the property of Ontario 
 and Quebec conjointly. 
 
 114. Nova Scotia shall be liable to Canada for the amount (if apy) by 
 which its public debt exceeds at the union eight million dollars, and shall 
 be charged with the interest at the rate of five per centum per annum 
 thereon. 
 
 116. New Brunswick shall be liable to Canada for the amount (if any) by 
 which its public debt exceeds at the union seven million dollars, and shall 
 be charged with interest at the rate of five per centum per annum thereon. 
 
 116. Incase the public debts of Nova Scotia and New Brunswick do not 
 at the union amount to eight million and seven million dollars respectively, 
 they shall respectively receive, by half-yearly payments in advance from 
 the government of Canada interest at five per centum per annum on the 
 difference between the actual amounts of their respective dehu> and such 
 stipulated amounts. 
 
 117. The several provinces shall retain all their respective public pro- 
 perty not otherwise disposed of in this act, subject to the right of Canada to 
 
627] 
 
 Federal Government in Canada. 
 
 71 
 
 whose remuneration it is understood should not depend on 
 the annual votes. All moneys are paid out of the treasury 
 under certain forms required by statute, and a thorough sys- 
 tem of audit prevents any public expenditure not authorized 
 by parliament, although the law permits the issue of governor- 
 general's warrants in certain cases of emergency, but these, 
 too, must at the first opportunity he laid before, and be sanc- 
 tioned by parliament. Large sums are, at times, borrowed on 
 
 assume any lands or public property required for fortifications or for the 
 defence of the country. 
 
 118. The following sums shall be paid yearly by Canada to the several 
 provinces for the support of their governments and legislatures : 
 
 DOLiiAne. 
 
 Ontario Eighty thousand. 
 
 Quebec Seventy thousand. 
 
 Nova Scotia --..-. Sixty thousand. 
 
 New Brunswick ..---. Fifty thousand. 
 
 Two hundred and sixty thousand ; 
 
 and an annual grant in aid of each province shall be made, equal to eighty 
 cents per head of the population as ascertained by the census of one thou« 
 sand eight hundred and sixty one, and in the case of Nova Scotia and New 
 Brunswick, by each subsequent decennial census until the population of 
 each of those two provinces amounts to four hundred thousand souls, at 
 which rate such grants shall thereafter remain. Such grants shall be in full 
 settlement of all future demands on Canada, and shall be paid half-yearly 
 in advance to each province ; but the government of Canada shall deduct 
 from such grants, as against any province, all sums chargeable as interest on 
 the public debt of that province in excess of the several amounts stipulated 
 in this act. 
 
 119. New Brunswick shall receive, by half-yearly payments in advance 
 from Canada, for the period of ten years from the union, an additional 
 allowance of sixty -three thousand dollars per annum ; but as long as the 
 public debt of that province remains under seven million dollars, a deduc- 
 tion equal to the interest at five per centum per annum on such deficiency 
 shall be made from that allowance of sixty-three thousand dollars. 
 
 120. All payments to be made under this act, or in discharge of liabilities 
 created under any act of the provinces of Canada, Nova Scotia and New 
 Brunswick respectively, and ' assumed by Canada, shall, until the parlia- 
 ment of Canada otherwise directs, be made in such form and manner as may 
 from time to time be ordered by the governor-general in council. 
 
72 
 
 Federal Oovemmefni in Canada. 
 
 [528 
 
 li 
 
 the public credit, under the conditions laid down by parlia- 
 ment, in order to meet the heavy expenditures required for the 
 extensive system of public works in which the dominion is 
 engaged. The treasury also issues a number of notes, of which 
 the sum of four dollars is the highest denomination — the 
 banks of Canada being banks of issue for large suras within 
 fixed limits — but the dominion issue in any one year may not 
 exceed four million dollars, and the total amount issued and 
 outstanding, at any time, may not exceed twenty millions, 
 secured for redemption by gold and Canadian guaranteed 
 securities.^ 
 
 '11;, 
 
 I 
 
 \::\i\ 
 
 121. All articles of the growth, produce or manufacture of any one of the 
 provinces shall, from and after the union, be admitted free into each of the 
 other provinces. 
 
 122. The customs and excise laws of each province shall, subject to the 
 provisions of this act, continue in force until altered by the parliament of 
 Canada. 
 
 123. Where customs duties are, at the union, leviable on any goods, 
 wares or merchandises in any two provinces, those goods, wares and mer- 
 chandises may, from and after the union, be imported from one of those 
 provinces into the other of them, on proof of payment of the customs duty 
 leviable thereon in the province of exportation, and on payment of such 
 further amount (if any) of customs duty as is leviable thereon in the 
 province of importation. 
 
 124. Nothing in this act shall affect the right of New Brunswick to levy 
 the lumber dues provided in chapter fifteen of title three of the Revised 
 Statutes of New Brunswick, or in any act amending that act before or after 
 the Union, and not increasing the amount of such dues ; but the lumber of 
 any of the provinces other than New Brunswick shall not be subject to 
 such dues. 
 
 125. No lands or property belonging to Canada or any province shall be 
 liable to taxation. 
 
 126. Such portions of the duties and revenues over which the respective 
 legislatures of Canada, Nova Scotia and New Brunswick had before the 
 union, power of appropriation, as are by this act reserved to the respective 
 governments or legislatures of the provinces, and all duties and revenues 
 raised by them in accordance with the special powers conferred upon them 
 by this act, shall in each province form one consolidated revenue fund to 
 be appropriated for the public service of the province. 
 
 > Can. Rev. Stat., chaps. 28, 29, 30, 31, 32, 33, etc. 
 
629] 
 
 Federal Oovetmment in Canada. 
 
 78 
 
 As respects the provinces, their revenues arise from the 
 proceeds of royalties from mines (chiefly valuable in Nova 
 Scotia), the sales of Crown lands and minerals, and the subsi- 
 dies granted by authority of the British North America Act 
 for the purposes of enabling them to carry on their govern- 
 ment. The ninety-second section authorizes the legislatures 
 to impose direct taxation on the province in order to raise a 
 revenue for provincial purposes, to borrow money on the sole 
 credit of the province, and to raise money from shop, saloon, 
 tavern and auctioneer licenses, in order to the raising of a rev- 
 enue for provincial, local, or municipal purposes. When the 
 Quebec convention sat this question of provincial revenue was 
 one that gave the delegates the greatest difficulty. In all the 
 provinces the sources of revenue were chiefly customs and 
 excise duties which had to be set apart for the general govern- 
 ment. Some of the delegates from Ontario, where there had 
 been for many years an admirable system of municipal gov- 
 ernm. , in existence which provided funds for education and 
 local improvements, saw many advantages in direct taxation ; 
 but the representatives of the other provinces could not con- 
 sent to such a proposition, especially in the case of Nova 
 Scotia, New Brunswick and Prince Edward Island, where 
 there was no municipal system, and the people depended al- 
 most exclusively on the annual grants of the legislature for 
 the means to meet their local necessities.^ All of the delegates, 
 in fact, felt that to force the provinces to resort to direct tax- 
 ation as the only method of carrying on their government, 
 would be probably fatal to the success of the scheme, and it 
 was finally decided to grant annual subsidies, based on popu- 
 lation, the relative debts, the financial position, and such other 
 facts as should be brought fairly into the consideration of the 
 case. These financial arrangements were incorporated with 
 the act of union,* and necessarily entail a heavy expense 
 
 ' See speech of Hon. George Brown, C!onfederation Debates, 1865, p. 92. 
 'See Can. Bev. Stat., c. 46. 
 
 6 
 
I!; 
 
 74 
 
 Federal Government in Canada. 
 
 [530 
 
 annually on the exchequer of the dominion. In consequence 
 of the demand that arose in Nova Scotia for " better terms," 
 previous to and after the union, the parliament of the domin- 
 ion, in the session of 1869, legislated so as to meet the diffi- 
 culty that had arisen, and it was accordingly decided to grant 
 additional allowances to the provinces, calculated on increased 
 amounts of debt as compared with wiiat they were allowed to 
 enter the union.* 
 
 Manitoba, British Columbia, and Prince Edward Island 
 also obtained similar annual subsidies in accordance with the 
 general basis laid down in the constitution. It is from these 
 subsidies t"hat the provinces derive the greater part of their 
 annual revenues. Ontario is in the most favorable posi- 
 tion from the very considerable revenue raised from lands 
 and timber dues. The provinces are also at times bor- 
 rowers on the money market, especially Quebec, in order to 
 meet pressing liabilities. In the maritime provinces a system 
 of municipal institutions, except in Prince Edward Island, has 
 been at last adopted, and the local treasury in a measure 
 relieved ; but still on account of the lavish expenditure, at 
 times considered necessary by the legislature, there is too often 
 a complaint that the local funds are insufficient for general 
 purposes. 
 
 From this necessarily meagre summary of the financial 
 methods by which the dominion and the provinces meet the 
 large expense required for public purposes, it will be seen that 
 there is an intimate connection between the go^'ernraents that 
 does not exist in the American union, where each state meets 
 all its local requirements by direct taxation and is not depen- 
 dent on the federal authority. 
 
 The wisdom of this policy has been more than once ques- 
 tioned since the union has been working itself out. As a large 
 portion of their revenues — in certain cases the largest portion 
 — is not derived from local sources, there has not been always, 
 
 • See Can. Rev. Stat., c. 46. 
 
531] 
 
 Federal Oovemment in Canada. 
 
 75 
 
 |n 
 
 it is believed, that effort for economical expenditure that would 
 probably have been made if all the funds were raised from 
 local sources, and from direct taxation as in the United States. 
 The consequence already has been that demands have been 
 made from time to time, on the dominion treasury for the sub- 
 sidizing of railway and other schemes, which are really 
 provincial undertakings, and which are assisted as a means of 
 relieving the local treasury and satisfying the representatives 
 from that section. Each province should be, as far as possi- 
 ble, in a position of local independence, and free from suspicion 
 of political pressure on the central government at critical 
 times. 
 
 The federal government executes its postal and revenue 
 services through its own officers ; but, unlike the United 
 States, it has ^o courts of its own in the provinces for federal 
 objects. Still thv> result is practically the same, for it can use 
 the whole system of the administration of justice should it l>e 
 necessary to resort to it. The dominion government can 
 claim the allegiance of the people of the whole country to 
 assist it in working out efficiently and securing those great 
 national interests, of which it is the guardian under the con- 
 stitution. It has the control of the militia, and can protect 
 the existence of the dominion, and repress rebellion as in the 
 case of the unfortunate disturbances in the north-west in 1886. 
 The government of Canada has a quasi national character, and 
 is bound to maintain by all the means that the constitution 
 gives it the union into which the provinces freely entered in 
 1867. On the other hand, the province in many respects 
 touches more nearly the civil and the political side of the 
 people within its limits than the central authority with its 
 more general or national attributes of power. The exaction 
 of indirect taxation does not come home immediately to all 
 classes in every day life like the tax collector who presents 
 himself under the municipal system in vogue in the provinces. 
 Comfort and convenience, liberty and life, civil rights and 
 property, endless matters that daily affect a community are 
 
mm 
 
 76 
 
 Federal Oovemmeni in Canada. 
 
 [532 
 
 I 
 
 directly within the jurisdiction of the provincial organisms. 
 If the dominion should cease to-morrow to exercise its consti- 
 tutional powers, the province would still remain — for it existed 
 before the union — and its local organization could very soon 
 be extended to embrace those powers which now belong to the 
 central authority. 
 
 The federal structure, whatever may be its defects and weak- 
 nesses in certain details, on the whole seems well adapted to 
 meet the wants and necessities of the people. From the foun- 
 dation to the crowning apex it has many attributes of har- 
 mony and strength. It is framed on principles which, as 
 tested by British and American experience, are calculated to 
 assist national development and give full liberty to local insti- 
 tutions. At the bottom of the edifice are those parish, town- 
 ship, county and municipal institutions which are eminently 
 favorable to popular freedom and local improvement. Then 
 comes the more important provincial organization, divided 
 into those executive, legislative and judicial authorities, which 
 are essential to the working of all provincial constitutions. 
 Next comes the central government, which assumes a national 
 dignity and affords a guarantee of protection, unity and secu- 
 rity to the whole system. 
 
 The apex of the structur? is the imperial power — in other 
 words, the Sovereign who holds her exalted position, not by 
 the caprice of a popular vote, but with all the guarantees of 
 permanency with which the British constitution surrounds the 
 Throne. 
 
LECTURE III. 
 
 THE GOVERNMENT AND THE PARLIAMENT. 
 
 Sir Henry Maine, in common with other eminent writers 
 on government, lias dwelt on the fact that the framers of the 
 existing Federal Union of the United States regarded the 
 opinions expressed by Montesquieu in the Esprit des Lois as 
 of paramount importance, and that none had more weight with 
 the writers of the Federalist, that admirable series of commen- 
 taries on the constitution, than that which affirmed the essen- 
 tial separation of the executive, legislative and judicial powers. 
 The lines accoi*dingly that separate these respective depart- 
 ments are drawn with remarkable distinctness in the American 
 system. Their object was to impose every possible check upon 
 the several agencies of government, so that one could not com- 
 bine with the other, to the injury of the third. In the Cana- 
 dian as in all other systems that derive their origin from 
 England, this same wise principle is carefully carried out, 
 though not to the same extent a« in the United States. The 
 judiciary has been wisely kept entirely distinct from all other 
 authorities since 1841, and it is now impossible for the judges 
 to sit in the legislative and executive councils and exercise a 
 direct influence in political affairs. In the case of the execu- 
 tive, however, as I shall show later on, there is a direct con- 
 nection between it and the legislative department, which in 
 many respects operates in the direction of good government 
 and efficient legislation. 
 
 As I have already shown in a previous lecture the head of 
 the executive authority is the Queen, who is represented by 
 
 77 
 
^^ 
 
 ■•i 
 
 78 
 
 Federal Oovemment in Canada. 
 
 [634 
 
 the governor-general advised by a privy council.* The gover- 
 nor-general us the acting head of the executive of Canada, 
 assembles, prorogues and dissolves parliament and assents to 
 or reserves bills in the name of her majesty ; but, in the dis- 
 charge of these and all other executive duties which are within 
 the limits of his commission, and in conformity with the con- 
 stitution, he acts entirely by and with the advice of his 
 council who must always have the support of the house of 
 commons. Even in matters of imperial interest affecting 
 Canada, he consults with the council and submits their views 
 to the colonial secretary of state in England. On Canadian 
 questions clearly within the constitutioii.il jurisdiction of the 
 dominion he cannot act apart from his advisers, but is bound 
 by their advice. Should he differ from them on some vital 
 question of principle or policy he must either recede from 
 his own position or be prepared to accept the great responsi- 
 
 ^ B. N. A. Act, 1867, sec. 10. The provisionH of this act referring to the 
 governor-general extend and apply to the governor-general for the time 
 being of Canada, or other the chief executive officer or administrator for 
 the time being carrying on the governtiient of Canada on behalf and in the 
 name of the Queen, by whatever title he is designated. 
 
 11. There shall be a council to aid and advise the government of Canada, 
 to be styled the Queen's Privy Council for Canada ; and the persons who 
 are to be members of that ccuncil shall be from time to time chosen and 
 summoned by the governor-general and sworn in as privy councillors, and 
 members thereof may be from time to time removed by the governor- 
 general. 
 
 12. All powers, authorities and functions which, under any act of the 
 parliament of Great Britain, or of the parliament of the United Kingdom 
 of Great Britain and Ireland, or of the legislature of Upper Canada, Lower 
 Canada, Canada, Nova Scotia or New Brunswick, are at the union vested 
 in or exercisable by the respective governors or lieutenant-governors of 
 those provinces, with the advice, or with the advice and consent, of the 
 respective executive councils thereof, or in conjunction with those councils, 
 or with any number of members thereof, or by those governors or lieuten- 
 ant-governors individually, shall, as far as the same continue in existence 
 and capable of being exercised after the union in relation to the govern- 
 ment of Canada, be vested in and exercisable by the governor-general, with 
 the advice or with the advice and consent of or in conjunction with the 
 
636] 
 
 Federal Oovemment in Canada. 
 
 79 
 
 bility of dismissinf^ them ; but such an alternative is an 
 extreme exercise of authority and not in consonance with 
 the sound constitutional practice of modern times, should his 
 advisers have a majority in the popular branch of the legisla- 
 ture. Should he, however, feel compelled to resort to this 
 extreme exercise of the royal prerogative, he must be prepared 
 to find another body of advisers, ready to assume the full 
 responsibility of his action and justify it before the house and 
 country. For every act of the crown, in Canada as in England, 
 there mu»t be some one immediately responsible, apart from 
 the crown itself. But a governor, like any other subject, can- 
 not be "freed from the personal responsibility for his acts 
 nor be allowed to excuse a violation of the law on the plea of 
 having followed the counsels of evil advisers."^ Cases 
 may arise when the governor-general will hesitate to come to 
 a speedy conelusii>n on a matter involving important conse- 
 quences, and then it is quite legitimate for him to seek advice 
 
 Queen's privy council for Canada, or any members thereof, or by the gov- 
 ernor-general individually, aa the case requires, subject nevertheless (except 
 with respect to such as exist under acts of the parliament of Great Britain 
 or of the parliament of the United Kingdom of Great Britain and Ireland) 
 to be abolished or altered by the parliament of Canada. 
 
 13. The provisions of this act referring to the governor-general in coun- 
 cil shall be construed as referring to the governor-general acting by and 
 with the advice of the Queen's privy council for Canada. 
 
 14. It shall be lawful for the Queen, if her majesty thinks fit, to author- 
 ize the governor-general from time to time to appoint any person or 
 any persons jointly or severally to be his deputy or deputies within any 
 part or parts of Canada, and in that capacity to exercise during the pleasure 
 of the governor-general such of the powers, authorities and functions of the 
 governor-general as the governor-general deems it necessary or expedient to 
 assign to him or them, subject to any limitations or directions expressed or 
 given by the Queen ; but the appointment of such a deputy or deputies, 
 shall not affect the exercise by the governor-general himself of any power, 
 authority or function. 
 
 15. The command-in-chief of the land and naval militia, and of all naval 
 and military forces, of and in Canada, is hereby declared to continue and 
 be vested in the Queen. 
 
 ^ Hearn's Government of England, p. 133. 
 
l'\ I 
 
 80 
 
 Federal Government in Canada. 
 
 [636 
 
 from his official chief, the secretary of state for the colonies, 
 even if it be a matter not immediately involving imperial 
 interests. For instance, when a question arose in 1879 
 whether the governor-general ought to follow the advice of his 
 council and dismiss the lieutenant-governor of Quebec, Lord 
 Lome, at the suggestion of the premier, referred the whole 
 matter to her majesty's government for its consideration and 
 instructions, as it involved important questions connected with 
 the relations between the dominion and the local government^ 
 as well as the proper construction to be put on the constitu- 
 tion.^ This case, however, shows that the government of 
 England, in accordance with their fixed policy, will refrain 
 from expressing any opinion upon the merits of a case of a 
 purely Canadian interest, and will not interfere with the exer- 
 cise of the undoubted powers conferred upon the governor- 
 general by the British North America Act, for determining 
 the same. Indeed we may even go further and say that the 
 eflFect of the advice of the imperial government in this partic- 
 
 ' I refer here to a remarkable episode in the political history of Canada, 
 (1878-1879) in which we find abundant evidence of the bitterness of party 
 Conflict in Canada. M. Letellier de St. Just was appointed lieutenant-gov- 
 ernor of Quebec by a Liberal administration at Ottawa, and thought proper 
 to dismiss his executive council, though it had a large majority in the leg- 
 islature. The constitutionality of his action was at once sharply attacked 
 in the dominion parliament by the Conservative party which was politi- 
 cally identified with the dismissed ministers, but it was only in the senate 
 where it had a majo'^ty that a resolution was passed censuring him for an 
 act emphatically declared to be at variance with the principles of responsi- 
 ble government. The conservatives soon afterwards came into power and a 
 similar resolution was again proposed and passed by a very large majority. 
 The government, who had not up to that time, tl:ci!£fht it incumbent on 
 them to assume any responsibility under section 59 of B. N. A. Act which 
 gave them the power of dismissal, then recommended to Lord Lome that 
 the lieutenant-governor be dismissed ; but the governor-genv.ral, as stated in 
 the text, hesitated to accept the advice and preferred to ask instructions from 
 the imperial authorities. In consequence of their answer, he had no other 
 alternative ^° to consent to the removal of M. Letellier on the ground as 
 set forth ' : ^6 '^rder in council, that his usefulness was gone. The cause 
 assigned had not quite the merit of novelty, for siiuilar language had been 
 
 can 
 
637] 
 
 Federal Government in Canada. 
 
 81 
 
 ular matter must be to restrain within very narrow limits the 
 occasions when a governor will hereafter h&sitate to accept the 
 advice of his constitutional advisers, and refer to England a 
 question which is clearly among the powers belonging to the 
 Canadian government. In matters affecting imperial interests, 
 of course the governor-general is not confined by any such 
 limitation ; but it is impossible to lay down any rule available 
 for such emergencies. The truth is, as it has been well ob- 
 served by a Canadian statesman and constitutionalist ^ whose 
 opinions are deserving of the highest possible respect, " that 
 imperial int<irests are, under our present system of government, 
 to be secured in matters of Canadian executive policy, not by 
 any clause in a governor's instructions (which would be prac- 
 tically inoperative, and if it can be supposed to be operative 
 would be mischievous), but by mutual good feeling and by 
 proper consideration for imperial interests on the ^a.H of her 
 majesty's Canadian advisers ; the crown necessarily retaining 
 all its constitutional rights and powers which would be exer- 
 cisable in any emergency in which the indicated securities 
 
 used in the case of Governor Darling who was dismissed from the governor- 
 ship of Victoria by the imperial government because he " had placed him- 
 self in a position of personal antagonism towards almost all those whose 
 antecedents pointed them out as most likely to be available in case of a 
 change of ministry." Governor Darling's mistake, however, was not in dis- 
 missing his ministry, but in yielding to its pressure and consenting to the 
 clearly unconstitutional course of sanctioning the levy of duties on a mere 
 resolution of the assembly at the time in antagonism to the council. (See 
 Engl. Cvmmons Pap., 1866, vol. L., p. 695.) M. Letellier, it may be 
 added, obtained the assistance of a new council, which assumed the respon- 
 sibility of his acts, and appealed to the people, who sustained them by a 
 bare majority, which soon disappeared, until the party with which Mr. 
 Letellier had brought himself into conflict came again into office, but not 
 until after he had been dismissed. The consequences of this affair were 
 serious, not only in creating a violent agitation for a long while but in the 
 effect upon the unfortunate principal actor, who felt his position most 
 keenly, and soon afterwards died. 
 
 ' The Hon. Edward Blake in a dispatch to the Secretarv of State, Can. 
 Ses^. P. 1887, No. 13. 
 
!■■ 
 
 82 
 
 Federal Oovemment in Canada. 
 
 [538 
 
 
 might be found to fail." The official communications between 
 the imperial government and the governor-general that have 
 been printed since 1867 and indeed from the days of Lord 
 Elgin, show two thi ;^s very clearly : First, that the governors- 
 general now fully recognize the obligation resting upon them 
 of following in their entirety the principles of English consti- 
 tutional government in all their relations with their cabinet 
 affecting matters within its functions and authority ; secondly, 
 that the imperial government never intrude their instructions 
 on the governor-general in such matters, and while they do 
 not directly deprecate a reference to them for advice respecting 
 questions even within Canadian jurisdiction, yet they do not 
 encourage it but prefer that Canadians should settle all such 
 questions for themselves, as the logical sequence of a very 
 complete system of local government long since granted to the 
 dominion by the parent state. 
 
 It will, therefore, l)e evident that power is practically vested 
 in the ministry and that the governor-general, unless he has 
 to deal with imperial questions, can constitutionally perform 
 no executive function except under the responsibility of that 
 ministry. The royal prerogative of mercy is no longer exer- 
 cised on his own judgment and responsibility, but is adminis- 
 tiered as it is in England, pursuant to the advice of the min- 
 istry.' With respect to the allowance or disallowance of 
 provincial acts, ever since the coming into force of the British 
 North America Act, the governor-general " has invariably 
 decided on the advice of his ministers and has never asserted 
 a right to decide otherwise. He has been always con- 
 tent to exercise this prerogative under the same cf)nstitu- 
 tional limitations and restraints which apply to all other 
 acts of executive authority in a constitutional government."' 
 
 ' In the resolutions of the Qiiobec convention, the prerogative of pardon 
 was to be exercised by the lieutenant-governors of the provinces; but in 
 the British North America Act this important power is entrusted only to 
 the governor-general as the direct representative of the Queen. 
 
 ' Todd's Pari. Gov't, of the Colonies, p. 342. 
 
539] 
 
 Federal Oovemment in Canada. 
 
 83 
 
 Even in the exercise of the all important prerogative of 
 dissolution, which essentially rests in the Crown, he acts on 
 the advice of his advisers, and it is obvious from many exam- 
 ples in the recent political history of Canada he does not 
 hesitate to follow that advice as a rule.' Of course it may 
 be said that the more frequent are the opportunities given 
 to the people to express their opinions on the policy of a 
 government, the greater is the security granted to popular 
 liberty, and the more likely is parliament to represent public 
 sentiment. In 1882 ])arliament had been only four years in 
 session and Lord Lome accepted the advice of his council to 
 dissolve parliament, but there were certainly good reasons for 
 such a course at that time, since there had been a readjust- 
 ment in the representation of the House, as a consequence of 
 the new census taken in 1881, and the national or protective 
 policy had been less than three years in operation and the ear- 
 liest opportunity should be given to obtain thereon the verdict 
 of the people. The difficulties that surround a governor-gen- 
 eral in such cases, when there is a powerful party in power, 
 are very obvious, especially when we consider that he is hardly 
 likely to meet with support from his official superiors in Eng- 
 land in a matter which they would consider of purely Cana- 
 dian importance. Such facts obviously are the natural outcome 
 of parliamentary government, though, in the opinion of some 
 thoughtful publicists, they raise the question whether a gov- 
 ernor-general, as well as the sovereign whom he represents, 
 might not be called upon in some cases to refuse t(j be bound 
 
 * Doubt has been cast upon the constitutional propriety of the course pur- 
 sued in 1887, when the governor-general allowed the premier to appeal to 
 the people, though parliament had only held four sessions and had not 
 completed its constitutional existence of five years from the date of the 
 return of the writs in 1882. The government of the day had a large ma- 
 jority in the popular branch. I cite this case simply to illustrate the extent 
 to which the governor-general, as astute as he was able, thought himself 
 constitutionally bound to follow the advice of his ministry in view of all 
 the reasons submitted to him, and of which, no doubt, we have not yet full 
 knowledge. 
 

 84 
 
 Federal Government in Canada. 
 
 [540 
 
 by such advice, and to consider whether it is party ambition 
 or the public interest that is at stake. I need, however, hardly 
 add that the representative of the crown must be prepared to 
 see his action in such a grave exercise of the prerogative fully 
 justified by another set of advisers in case he finds himself in 
 irreconcilable conflict with those who give him advice which 
 he cannot bring himself to follow after a thorough considera- 
 tion of all the facts as they have been presented to him. Hap- 
 pily the relations that exist between the Queen's representa- 
 tive and her council are not likely to be strained while both 
 fully appreiciate their respective functions and follow those 
 principles of action which experience and usage have shown 
 to be necessary to prevent undue friction and difficulty. It is 
 the duty of the council, through their premier, to instruct the 
 governor-general thoroughly on all questions that are matters 
 of executive action, and to keep him informed on any matter 
 that should properly come under his cognizance. Mutual 
 consultation can do everything to bring councillors of the 
 crown into perfect harmony with their constitutional head ; 
 and the circumstances must be very peculiar and extraordinary 
 indeed when a conflict can arise between these authorities that 
 is not susceptible of an amicable arrangement at last. 
 
 Occupying a position of unswerving neutrality between 
 opposing political parties, and having no possible object in 
 view except to subserve the usefulness and dignity of his high 
 office, the governor-general must necessarily, in the discharge 
 of his important functions, have many opportunities of pro- 
 moting the interests of the country over whose government he 
 presides. While he continues to be drawn from the ranks of 
 distinguished Englishmen, he evokes respect as a link of con- 
 nection between the parent state and its dependency. In the 
 peribrmance of his social duties he is brought into contact 
 with all shades of opinion and wields an influence that may 
 elevate social life and soften the asperities of public contro- 
 versy by bringing public men to meet on a neutral ground 
 and under conditions which win their respect. In the tours 
 
641] 
 
 Federal GovetTimerU in Canada. 
 
 86 
 
 he takes from time to time throughout the wide territories of 
 the dominion he is able to make himself acquainted with all 
 classes and interests, and by the information he gathers in this 
 way of the resources of the country he can make himself an 
 important agent in the development of Canada.* In the en- 
 couragement of science, art and literature he has also a fruitful 
 field in which he may perform invaluable service that would 
 not be possible for anyone who does not occupy so exalted a 
 position in the country.^ 
 
 The British North America Act of 1867 provides that the 
 council, which aids and advises the governor-general, shall be 
 styled the "queen's privy council for Canada."' Here we have 
 one of the many illustrations that the constitutional system of 
 the dominion offers of the efforts of its authors to perpetuate 
 as far as possible in this country the names and attributes of 
 the time-honored institutions of England. The privy council 
 of Canada recalls that ancient council whose history is always 
 associated with that of the king as far back as the earliest days 
 of which we have authentic record. Sometimes it was known 
 as the aula regia or the curia regis, which possessed ill-defined 
 but certainly large legislative and judicial as well as executive 
 powers ; but its principal duty, it is clear, was to act as an 
 advisory body according as the king might wish its counsel. 
 At all times in English history there appears to have been a 
 council near the king who could assist him v/ith their advice 
 and be made responsible for his acts.* Too often it became 
 
 > M 
 
 ^ Lord Dufferin's public speeches during his administration in Canada 
 directed large attention in Europe to the remarkable capabilities of Canada. 
 
 * During the regime of the Marquis of Lome and H. R. H. the Princess 
 Louise, the rojal academy of arts and the royal society of Can? 'a were 
 established on a successful basis. 
 
 ' The executive council of the little state of Delaware was originally called 
 the privy council — the only example we have of such a title in the old 
 colonies. 
 
 * " It is our good fortune to be the inheritors of institutions in which the 
 spirit of freedom was enshrined and to have had forefathers who knew how 
 to defend them. The king of England was a rex politieua, a political crea- 
 
86 
 
 Federal Government in Canada. 
 
 [642 
 
 the unscrupulous instrument of the sovereign, and by the time 
 of Elizabeth it had practically supersede*! the parliament, 
 except when money had to be raised by the taxation of the 
 people. But with the end of the Tudor dynasty, its power 
 began to wane and the parliament increased in strength and 
 influence. The Stuarts made use of it to establish a secret 
 star chamber to usurp the functions of the courts, and we hear 
 later of the formation of a committee called enviously a cabal 
 or c»biuet, on account of the king finding it convenient from 
 time to time to have a small body of advisers on whose ability 
 to serve him he could have every confidence, and in whose 
 deliberations he could find that secrecy which would not have 
 been possible in the consultations of the privy council as a 
 whole. In the course of the various changes that have oc- 
 curred in English constitutional history its judicial functions 
 disappeared and now only survive in the judicial committee, 
 while it has been practically denuded of all former executive 
 functions, and exists only as a purely honorary and dig- 
 nified body. The cabinet council — a name originating in the 
 days of Charles I — is now the great executive and adminis- 
 trative council of state, though in no other respect does it 
 referable that irresponsible creation of the Stuart king. Still 
 the cabinet which is the governing power of the ministry of 
 modern times, is a name unknown to the law. The privy 
 council is the only body legally recognized, and on the for- 
 mation of a new ministry it is usual to inform the public 
 simply that her majesty has been pleased to appoint certain 
 members of the privy council to certain high offices of state. 
 The cabinet, or inner council, is only a portion of the ministry 
 
 tion, l;he highest functionary and servant of the state, not a merely personal 
 ruler, tinrl that was his recognized capacity. In the next place, from early 
 times, earlier than the beginning of regular parliaments, the people of 
 England held a firm hold on the idea of ministerial responsibility. They 
 acted upon it fitfully and sometimes capriciously, but they never let it go. 
 If the king ruled ill, it was because he had bad advisers." Contemporary 
 Beview, January, 1889, p. 53. 
 
643] 
 
 Federal Government in Ckmada. 
 
 87 
 
 and varies in numbers according to the exipjencies of state. 
 This ministry is drawn from members of the two iioiises of 
 parliament, chiefly from the house of commons, and their 
 tenure of office; d(!pends upon their having and retaining the 
 confi<ien<!e of a majority of the people's house, in a<«ordunce 
 with the ])rineiples of parliamentary government, which were 
 first roughly laid down after the revolution of 1688, though 
 it tf)ok very many years before the present system of ministe- 
 rial responsibility rea(;hed its present perfection. 
 
 The terms, "cjibinet," "ministry," "administration" and 
 " government," are indifferently a])plied to the privy council 
 of Canada ; for there is not in this country a sel(;ct cabinet as 
 in the parent state. Privy councillors, when not in the gov- 
 ernment, retain their lionorary rank, but it is simply one that 
 entitles them to certain precedence on state occasions and has 
 no official responsibility or meaning. When the governor- 
 general appoints a bwly of advisers to assist him in the 
 government he calls them to V)e mendjers of the privy council 
 and to hold certain offices of state. It sometimes happens, 
 however, that ministers are appointed without a .portfolio or 
 department, and two representatives of the government in the 
 senate are in that position at the present time. The number 
 of members of the ministry or privy council in office vary 
 from thirteen to fifteen of whom thirteen are heads of depart- 
 mentu, whose functions are regulated by statute. One of 
 these officers, however, is president of the privy council, who 
 has practically no departmental iluties, but it is a position 
 which the premier, as it happens at the present time, may well 
 occupy in view of his large political responsibilities as the head 
 of the government. While holding this virtually honorary 
 offi(!e, he is often called upon to act for ministers who are ill 
 or absent from the country, and it is found convenient to con- 
 nect with it the charge of the virtually subordinate department 
 of Indian affairs.* The other ministers with portfolios are the 
 
 ' Sir John Macdonald was president of the council and superintendent 
 general [of Indian affairs, an office generally held by the minister of the 
 
88 
 
 Federal Government in Canada, 
 
 [544 
 
 11 
 
 It 
 
 .^1 
 
 m 
 
 II 
 
 minister of finance, minister of public works, minister of rail- 
 ways and canals, minister of the interior, postmaster-general, 
 minister of justice, secretary of state, minister of inland reve- 
 nue, minister of customs, minister of militia, minister of 
 marine and fisheries, and minister of agriculture. When we 
 consider the population of Canada and its position as a colo- 
 nial dependency this ministry of thirteen departments (exclu- 
 sive of the two at present without portfolios) seems extremely 
 large compared with the government of the United States or 
 of England itself. At the inception of confederation it was 
 considered advisable to have all sections of the confederation 
 fully represented, and the practice has ever since been to 
 maintain the proportion from the maritime provinces, Ontario 
 and Quebec. In 1889 the exceptional position of the north- 
 west was for the first time considered by appointing the ex- 
 lieutenant-governor of the territories to the oifice of minister of 
 the interior, who has special charge of the affairs of that wide 
 region. It has been sometimes urged that it would have been 
 wise had it been possible in 1867 to follow the English prac- 
 tice and appoint a certain number of political under-secretaries 
 with seats in the lower house. In this way the necessity for 
 so large a cabinet might have been obviated, and an opportu- 
 nity given to train men for a higher position in the councils of 
 the country. A step was taken in this direction in 1887 but 
 the law so far has remained a dead letter on the statute book.^ 
 As the members of a cabinet only occupy office while they 
 retain the confidence of the lower house, the majority necessa- 
 rily sit in that body, though there is always a certain repre- 
 sentation (two at the present time) in the upper branch. Since 
 the commons hold the purse strings, and directly represent the 
 people, all the most important departments, especially of 
 finance and revenue, must necessarily be represented in that 
 
 interior. He acted also for Mr. Pope, minister of railways, while suffering 
 from illness ending in death during the past session of parliament. 
 > Remarks of Sir John Macdonald, Can. Hansard, 1887, pp. 862, 863. 
 
645] 
 
 Federal Government in Canada. 
 
 89 
 
 branch. The ministry, then, is practically a committee of the 
 two houses. Its head is known as the premier or prime min- 
 ister, who, as the leader of a political party, and from his 
 commanding influence and ability, is in a position to lead the 
 house of commons and control the government of the country. 
 His title, however, is one unknown to the law, though bor- 
 rowed from the English political system. It originates from 
 the fact that he is first called upon by the sovereign (or in 
 Canada by her representative) to form a ministry. The 
 moment he is entrusted with this high responsibility it is for 
 him to choose such members of his pjlrty as are likely to 
 bring strength to the government as a political body, and 
 capacity to the administration of public affairs. The gover- 
 nor-general on his recommendation appoints these men to the 
 ministry and the occasions that can arise when he may see 
 reasons for objecting to a particular nominee are so exceptional 
 — indeed we have no case in our recent history — that we may 
 practically consider the choice of colleagues by the premier as 
 final and conclusive. As a rule, on all matters of public 
 policy the communications between the cabinet and governor 
 take place through the premier, its official head. If he dies 
 or resigns the cabinet is ex-ojficio dissolved, and the ministers 
 can only hold office until a new premier is called to the public 
 councils by the representative of the crown. It is for the new 
 premier then to ask them to remain in office, or to accept their 
 resignation. In case a government is defeated in parliament, 
 the premier must either resign or else convince the governor- 
 general that he is entitled lo a dissolution on the ground that 
 the vote of censure does not represent the sentiment of the 
 country. This is one of the occasions when the governor-gen- 
 eral is called upon to exercise an important prerogative of the 
 crown in circumstances of great delicacy ; but fortunately for 
 him the principles that have been laid down in the course of 
 many years in the working of the British system in England 
 and her dependencies can hardly fail to enable him, after a 
 full consideration of all the circumstances of the case before 
 7 
 
90 
 
 Federal Government in Canada. 
 
 [646 
 
 
 il !1 
 
 II 
 
 ;M t 
 
 M 
 
 l^li 
 
 him, to come to a conclusion that will satisfactorily meet the 
 exigency. If the circumstances are such as to justify a disso- 
 lution of parliament the premier must lose no time in obtain- 
 ing an expression of public opinion ; and should it be 
 apparently in his favor he must-call parliament together with 
 as little delay as possible ; or if, on the other hand, the public 
 sentiment should be unequivocally against him he should 
 resign ; for this course has been followed in recent times both 
 in England and Canada. Strictly speaking, parliament alone 
 should decide the fate of the ministry, but the course in ques- 
 tion is obviously becoming one of the conventional rules of the 
 constitution likely to be followed whenever there is a decided 
 majority against an administration at the polls. 
 
 From what precedes it will therefore be seen that while 
 there is a constitutional separation between the executive and 
 legislative authorities, still it may be said that, in Canada as in 
 England, parliament governs through an executive dependent 
 on it. The queen is at once the head of the executive autho- 
 rity and the first branch of the legislative department. The 
 responsible part of the executive authority has a place in the 
 legislative department. It is a committee of the legislature, 
 nominally appointed by the queen's representative, but really 
 owing its position as a government to the majority of the leg- 
 islative authority. This executive dependence on the 'jgis- 
 lature is an invaluable, in fact the fundamental principle of 
 parliamentary government. This council thereby becomes 
 responsible at once to crown and parliament for all questions 
 of public policy and of public administration. In a country 
 like ours legislation is the originating force and the represent- 
 atives of the people are the proper ultimate authority in all 
 matters of government. The importance then of having the 
 executive authority represented in parliament and immediately 
 amenable to it is obvious. Parliament is in a position to con- 
 trol the administration of the executive authority by having 
 in its midst men who can explain and defend every act that 
 may be questioned, who can lead the house in all important 
 
547] 
 
 Federal Government in Canada, 
 
 91 
 
 matters of legislation/ and who can be censured or forced from 
 office when they do wrong or show themselves incapable of 
 conducting public affairs. By means of this check on the 
 executive, efficiency of government and guarantees for the 
 public welfare are secured beyond question. The people are 
 able, through their representatives, to bring their views and 
 opinions to bear on the executive immediately. Every branch 
 of the public service may be closely examined, every question- 
 able transaction siftefl, and every information obtained, by the 
 methods of parliamentary inquiry, as ministers are present to 
 answer every question respecting the administration of their 
 departments and to justify and defend their public policy. 
 The value of this British system of parliamentary government 
 can be best understood by comparing it with the American 
 system which so completely separates the executive from the 
 legislature. In the United States the President is irremova- 
 ble, except in case of a successful impeachment, for four years, 
 and he appoints his cabinet, who are simply heads of depart- 
 ments responsible to no one except himself. This cabinet may 
 be well compared in one respect to the cabinet councils of the 
 Stuarts, since like them its existence does not depend on the 
 confidence or support of the legislature. Its members have no 
 seats in either the senate or house of representatives and are 
 in no way responsible for, or exert any direct influence on 
 public legislation. A thoughtful American writer * comparing 
 the two systems, shows very clearly how inferior in many 
 respects it is to that of England or of Canada : — " It is this 
 
 ^"It is therefore the executive gOTernment which should be credited 
 with the authorship of English legislation. We have thus an extraordi- 
 nary result. The nation whose constitutional practice suggested to Mon- 
 tesquieu his memorable maxim concerning the executive, legislative and 
 judicial powers, has in the course of a century falsified it. The formal 
 executive '.^ the true source of legislation ; the formal legislature is inces- 
 santly concerned with executive government." Sir H. Maine, Essay on 
 the ([Constitution of the United States, Quarterly Review, No. 313. 
 
 ' Congressional government. By Woodrow Wilson. 
 
 M 
 
 
 
 
 1 ■(« 
 

 IMAGE EVALUATION 
 TEST TARGET (MT-S) 
 
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 1.4 11.6 
 
 

 
 ^ 
 
 
92 
 
 Federal Government in Canada. 
 
 [548 
 
 
 ) ' 
 
 ir 
 
 I 
 
 
 V 
 
 w < 
 
 constant possibility of party diversity between the executive 
 and congress which so much complicates our system of gov- 
 ernment. Party government can exist only when the abso- 
 lute control of administration, the appointment of its officers 
 as well as the direction of its means and policy, is given 
 immediately into the hands of that branch of government 
 whose power is paramount — the representative body. . . . 
 At the same time it is quite evident that the means which 
 congress has of controlling the departments and of exercising 
 any searching oversight at which it aims are limited and 
 defective. Its intercourse with the president is restricted to 
 the executive messages, and its intercourse with the depart- 
 ments has no easier channels than private consultations between 
 executive officers and the committees, informal interviews of 
 the ministers with individual members of the congress, and 
 the written correspondence which the cabinet officers from 
 time to time address to the presiding officers of the two 
 houses at stated intervals or in response to formal resolutions 
 of inquiry. Congress stands almost helpless outside of the 
 departments." ^ 
 
 * Professor Bryce (The American Commonwealth, I., p. 304) expresses 
 the same opinion after a thorough study of the imperfections and weak- 
 nesses of the American system : ' In their efforts to establish a balance of 
 power, the framers of the constitution so far succeeded that neither power 
 has subjected the other. But they underrated the inconveniences which 
 arise from the disjunction of the two chief organs of government. They re- 
 lieved the administration from a duty which European ministers find exhaus- 
 ting and hard to reconcile with the proper performance of administrative 
 work, — the duty of giving attendance in the legislature and taking the lead 
 in its debates. They secured continuity of executive policy for four years 
 at least, instead of leaving government at the mercy of fluctuating majori- 
 ties in an excitable assembly. But they so narrowed the sphere of the 
 executive as to prevent it from leading the country, or ev^n its own party 
 in the Coventry. They sought to make members of congress independent, 
 but in so doing they deprived them of some of the means which European 
 legislatures eqjoy of learning how to administer, of learning even how to 
 legislate on administrative topics. They condemned them to be architects 
 without science, critics without experience, censors without responsibility." 
 See also De Tecqueville, I., p. 124. 
 
549] 
 
 Federal Government in Canada. 
 
 93 
 
 I have so far briefly explained some of the constitutional 
 duties and responsibilities that rest upon the head of the exec- 
 utive and his advisers, and must now proceed to review the 
 nature of the functions of the senate and house of commons, 
 who, with the queen, constitute the parliament of Canada.^ 
 
 LEGISLATIVE POWER. 
 
 ^ B. N. A. Act, 1867, sec. 17. There shall be one parliament for Canada, 
 consisting of the queen, an upper house styled the senate, and the house of 
 commons. 
 
 18. The privileges, immunities and powers to be held, enjoyed and exer- 
 cised by the senate and by the house of commons and by the members 
 thereof respectively, shall be such as are from time to time defined by act 
 of the parliament of Canada, but so that any act of the parliament of Canada 
 defining such privileges, immunities and powers shall not confer any privi- 
 leges, immunities or powers exceeding those at the passing of such act, held, 
 enjoyed and exercised by the commons house of parliament of the United 
 Kingdom of Great Britain and Ireland and by the members thereof. 
 
 19. The parliament of Canada shall be called together not later than six 
 months after the union. 
 
 20. There shall be a session of the parliament of Canada once at least in 
 every year, so that twelve months shall not intervene between the last sit- 
 ting of the parliament in one session and its first sitting in the next session. 
 
 The Senate. 
 
 21. The senate shall, subject to the provisions of this act, consist of sev- 
 enty-two members, who shall be styled senators. 
 
 22. In relation to the constitution of the senate, Canada shall be deemed 
 to consist of three divisions — 
 
 1. Ontario; 
 
 2. Quebec; 
 
 3. The Maritime Provinces, Nova Scotia and New Brunswick; which 
 three divisions shall (subject to the provisions of this act) be equally rep- 
 resented in the senate as follows : Ontario by twenty-four senators ; Quebec 
 by twenty-four senators ; and the Maritime Provinces by twenty-four sena- 
 tors — twelve thereof representing Nova Scotia, and twelve thereof repre- 
 senting New Brunswick. 
 
 In the case of Quebec each of the twenty-four senators rer.i resenting that 
 province shall be appointed for one of twenty-four elector il -divisions of 
 Lower Canada specified in schedule A to chapter one of consolidated stat- 
 utes of Canada. 
 
 23. The qualifications of a senator shall be as follows — 
 (1.) He shall be of the full age of thirty years. 
 
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 Federal Government in Canada. 
 
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 In all countries possessing a parliamentary system, and espe- 
 cially in those which have copied their institutions from the 
 British model, an upper chamber has been generally considered 
 a necessary part of the legislative machinery. In the United 
 States the necessity of having such a check upon the acts of 
 the body directly representing the people, was recognized from 
 the outset in the constitution of the congress and of every 
 state legislature. Two hou3es always formed part of the pro- 
 vincial legislatures of British North America from 1791 until 
 1867, when Ontario, whose example has been followed by 
 other provinces of the confederation, decided to confine her 
 legislature to an elected assembly and the lieutenant-governor. 
 
 (2.) He shall be either a natural-born subject of the queen, or a subject 
 of the queen, naturalized by an act of the parliament of Great Bri- 
 tain, or of the parliament of the United Kingdom of Great Britain 
 and Ireland, or of the legislature of one of the provinces of Upper 
 Canada, Lover Canada, Canada, Nova Scotia, or New Brunswick, 
 before the union or of the parliament of Canada after the union. 
 
 (3.) He shall be legally or equitably seized as of freehold for his own use 
 and benefit of lands or tenements held in free and common socage, 
 or seized or possessed for his own use and benefit of lands or tene- 
 ments held in franc-alleu or in roture, within the province for which 
 he is appointed, of the value of four thousand dollars, over and above 
 all rents, dues, debts, charges, mortgages and incumbrances due or 
 payable out of, or charged on or afiecting the same ; 
 
 (4.) His real and personal property shall be together worth four thousand 
 dollars over his debts and liabilities ; 
 
 (5.) He shall be resident in the province for which he is appointed ; 
 
 (6.) In the case of Quebec, he shall have his real property qualification 
 in the electoral division for Avhich he is appointed, or shall be resi- 
 dent in that division. 
 
 24. The governor-general shall from time to time, in the queen's name, 
 by instrument under the great seal of Canada, summon qualified persons to 
 the senate ; and, subject to the provisions of this act, every person so sum- 
 moned shall become and be a member of the senate and a senator. 
 
 25. Such persons shall be first summoned to the senate as the queen by 
 warrant under her majesty's royal sign manual thinks fit to approve, and 
 their names shall be inserted in the queen's proclamation of union. 
 
 26. If at any time, on the recommendation of the governor-general, the 
 queen thinks fit to direct that three or six members be added to the senate, 
 the governor-general may, by summons to three or six qualified persons (as 
 
551] 
 
 Federal Government in Cmmda. 
 
 95 
 
 The upper house of the Canadian parliament bears a name 
 which goes back to the days of ancient Rome, and also invites 
 comparison with the distinguished body which forms so im- 
 portant a part of the American congress ; but neither in its 
 constitution nor in its influence does it bear auy analogy with 
 those great assemblies. An eminent authority on such ques- 
 tions, the late Sir Henry Maine, has very truly observed that 
 on close inspection the senates of the ancient world will be 
 found to answer very slightly to the conception of second 
 chambers of a legislature, but that the first real anticipation 
 of a second chamber, armed with a veto on the proposals of a 
 separate authority, and representing a different interest, occurs 
 
 the case may be), representing equally the three divisions of Canada, add 
 to the senate accordingly. 
 
 27. In case of such addition being at any time made, the governor-gen- 
 eral shall not summon any person to the senate, except on a further like 
 direction by the queen on the like recommendation, until each of the three 
 divisions of Canada is represented by twenty -four senators, and no more. 
 
 28. The number of senators shall not at any time exceed seventy-eight. 
 
 29. A senator shall, subject to the provision of this act, hold his place in 
 the senate for life. 
 
 30. A senator may, by writing under his hand, addressed to tl:e gov- 
 ernor-general, resign his place in the senate, and thereupon the same shall 
 be vacant. 
 
 31. The place of a senator shall become vacant in any of the following 
 cases : — 
 
 (1.) If for two consecutive sessions of the parliament he fails to give his 
 attendance in the senate : 
 
 (2.) If he takes an oath or makes a declaration or acknowledgment of 
 allegi.".nce, obedience or adherence to a foreign power, or does an act 
 whereby he becomes a subject or citizen, or entitled to the rights or 
 privileges of a subject or citizen of a foreign power : 
 
 (3.) If he is adjudged bankrupt or insolvent, or applies for the benefit of 
 any law relating to insolvent debtors, or becomes a public defaulter : 
 
 (4.) If he is attainted of treason, or convicted of felony or of any infa- 
 mous crime : 
 
 (5.) If he ceases to be qualified in respect of property or of residence : 
 provided that a senator shall not be deemed to have ceased to be 
 qualified in respect of residence by reason only of his residing at the 
 seat of the government of Canada while holding an office under that 
 Government requiring his presence there. 
 
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 Federal Government in Canada. 
 
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 in that much'misunderstood institution, the Roman tribunate.' 
 Nor does the Canadian senate compare in legislative authority 
 with the -A merican body of that name. The first is nominated 
 by the crown for life and has limited powers even of legislation, 
 since it cannot initiate or even amend money or revenue bills ; 
 the other, which is elected by the state legislatures for a limited 
 
 32. "When a vacancy happens in the nenate, by resignation, deam or 
 otherwise, the governor-general shall, by summons to a fit and qualified 
 person, fill the vacancy. 
 
 33. If any question arises respecting the qualification of a senator or a 
 vacancy in the senate, the same shall be heard and determined by the 
 senate. 
 
 34. The governor-general may from time to time, by instrument under 
 the great seal of Canada, appoint a senator to be speaker of the senate, and 
 may remove him and appoint another in his stead. 
 
 35. Until the parliament of Canada otherwise provides, the presence of 
 at least fifteen senators, including the speaker, shall be necessary to consti- 
 tute a meeting of the senate for the exercise of its powers. 
 
 36. Questions arising in the senate shall be decided by a majority of 
 voices, and the speaker shall in all cases have a vote, and when the voices 
 are equal the decision shall be deemed to be in the negative. 
 
 147. In case of the admission of Newfoundland and Prince Edward 
 Island, or either of them, each shall be entitled to a representation, in the 
 senate of Canada, of four members, and (notwithstanding anything in this 
 act) in case of the admission of Newfoundland, the normal number of sen- 
 ators shall be seventy-six and their maximum number shall be eighty-two ; 
 but Prince Edward Island, when admitted, shall be deemed to be com- 
 prised in the third of the three divisions into which Canada is, in relation 
 to the constitution of the senate, divided by this act, and accordingly, after 
 the admission of Prince Edward Island, whether Newfoundland is admitted 
 or not, the representation of Nova Scotia and New Brunswick in the senate 
 shall, as vacancies occur, be reduced from twelve to ten members respec- 
 tively, and the representation of each of those provinces shall not be in- 
 creased at any time beyond ten, except under the provisions of this act, for 
 the appointment of three or six additional senators under the direction of 
 the queen. 
 
 1 " The Constitution of the United States," Quarterly Review, No. 313. 
 Mr. Goldwin Smith has said on this point : " The illustrious council from 
 which the name of Senate is derived was not an upper house, but the gov- 
 ernment of the Boman Republic, having the executive practically under its 
 control and the initiative of legislation in its hands." See Doutre's Consti- 
 tution of Canada, p. 66. 
 
553] 
 
 Federal Government in Canada. 
 
 97 
 
 term, has a veto on treaties and important appointments to 
 office, can amend appropriation bills so as to increase money 
 grants to any amount, and can sit as a court of impeachment. 
 In one respect, however, the senate of Canada can be com- 
 pared to the American house ; it is a representative of the 
 federal, as distinguished from the popular principle of repre- 
 sentation. The three great divisions of Canada, the Maritime 
 Provinces, Ontario and Quebec, have been each given an 
 equal representation of twenty-four members with a view of 
 affording a special protection to their respective interests — a 
 protection certainly so far not called into action even in the 
 most ordinary matters. Since 1867 the entrance of other 
 provinces and the division of the territories into districts has 
 brought the number of senators up to seventy-eight in all, but 
 at no time can the maximum number exceed eighty-four, evein 
 should it be necessary to resort to the constitutional provision 
 allowing the addition of three or six new members — a position 
 intended to meet a grave emergency, such as a deadlock in a 
 political crisis. The senators are appointed under the great 
 seal of Canada by the governor-general on the recommendation 
 of his council, and must be of the full age of thirty years, and 
 have real and personal property worth four thousand dollars 
 over and above their liabilities. The experience that Canada 
 had of the working of an elective legislative council since 
 1854 was considered in the convention of 1864 to be such as 
 to justify the delegates in preferring a nominated body. 
 The great expense entailed by an electoral contest in the large 
 districts into which the province was divided was one feature 
 which was strongly pointed out at the conference.^ It was 
 not deemed advisable to have two bodies elected by the people, 
 since the danger of legislative conflict was rendered more 
 imminent. While the experience of Victoria in Australia 
 certainly seems to support this opinion, the history of the 
 American congress might be considered to support an argu- 
 
 'M 
 
 
 ' See remarks of Hon. George Brown in Confederation Debates, p. 89. 
 
98 
 
 Federal Government in Canada. 
 
 [654 
 
 iti 
 
 I 
 
 ment the other way. The object of the framers of the consti- 
 tution has been, in this as in other cases, to follow the model 
 of the British parliamentary system as far as our circumstances 
 will permit. Hence the Louse of commons can alone initiate 
 revenue or money bills, and the senate is confined by usage to 
 a mere rejection of such measures — a rejection justified only by 
 extraordinary circumstances. In every respect it shows the 
 weakness of an upper house under the British system and none 
 of the prestige that attaches to an ancient body of hereditary 
 legislators and of judicial powers as a court of appellate juris- 
 diction like the house of lords. The senate, imitating the 
 lords, tries divorce cases ; ^ but this is a matter of convenience to 
 which the commons agrees without objection, since under the 
 constitution the upper house has no special privileges in this 
 respect. It is expressly set forth in the British North 
 America Act that the powers and privileges and immunities of 
 the senate and house of commons cannot at any time exceed 
 those of the English commons. As a body of legislators the 
 senate can compare favorably with any assembly in Canada or 
 other dependencies of England. It has within its ranks men 
 of fine ability and large experience in commerce, finance and 
 law ; and its weakness seems inherent in the nature of its con- 
 stitution. The system of the nomination by the crown — 
 practically by the government of the day — tends to fill it with 
 men drawn from one political party whenever a particular 
 ministry has been long in office and fails to give it that pecu- 
 liarly representative character which would enlarge its useful- 
 ness as a branch of the legislature and give it more influence 
 in the country. It is a question worth considering whether 
 the adoption of such changes as would make it partly nomina- 
 tive and partly elective would not give it greater weight in 
 
 ' In Nova Scotia, New Brunswick, Prince Edward Island and British 
 Columbia the courts of law continue to try divorce cases, as before 1867, and 
 parliament has not interfered with those tribunals under the power con- 
 ferred upon it by the fundamental law. See Gemmili's Parliamentary 
 Divorce, c. 4. 
 
555] 
 
 Federal Government in Canada. 
 
 public affairs. For instance, if the provincial legislatures had 
 the right of electing a fixed number at certain intervals, and 
 the universities were given the same privilege, the effect would 
 be, in the opinion of some persons, to make it more representa- 
 tive of provincial interests, and at the same time add to its 
 ranks men of high culture and learning.^ 
 
 But no doubt as long as our parliamentary system is mod- 
 elled on the English lines, an upper house raust more or less 
 sink into inferiority when placed alongside of a popular 
 house, which controls the treasury and decides the fate of ad- 
 ministrations. It is in the commons necessarily that the 
 majority of the ministers sit and the bulk of legislation is ini- 
 tiated. In 1888 the two houses passed one hundred and 
 eleven bills and of these only three public bills and five pri- 
 vate bills originated in the upper house, and the same conditioi; 
 of things has existed since 1867, though now and then, as in 
 1889, there is a spasmodic effort to introduce a few more gov- 
 ernment bills in the senate. In the session of 1888 twenty-six 
 commons bills were amended out of the one hundred and three 
 sent up to the upper house, and the majority of these amend- 
 ments were verbal and unimportant. Under these circum- 
 stances it may well be urged that by arrangement between the 
 two houses, as in the English parliament, a larger number of 
 private bills should be presented in the senate,'' where there is 
 a considerable rumber of gentlemen whose experience and 
 knowledge entiJ.i them to consider banking and financial 
 questions, and the various subjects involved in legislation. 
 
 ' In the Prussian upper house the universities are represented and the 
 .owns of a certain number of inhabitants by their mayors. In principle it 
 is far more of a popular assembly than the English house of lords. See an 
 interesting article in the Nineteenth Century (vol. XVI., No. 89) on the 
 federal states of the world. 
 
 * As I have already shown, divorce bills invariably originate in the senate, 
 which has recently adopted an amended set of rules under the able super- 
 vision of Senator Gowan, and the select committee to which all such bills 
 are referred! is governed by the rules of evidence and other formalities of the 
 courts as far as possible. 
 
 
100 
 
 Federal Government in Canada. 
 
 [556 
 
 For reasons already given, government measures must as a 
 rule be introduced in the commons, but still even in this 
 respect there might be an extension of the legislative functions 
 of the upper chamber, and the effort made in 1889 by the gov- 
 ernment in this direction ought certainly to be continued until 
 it becomes a practice and not a mere matter of temporary con- 
 venience. In 1887 there were only ten private bills presented 
 iu the senate out of the seventy that passed the two houses j 
 in 1888 the figures wert five out of sixty-seven, and the same 
 state of things was shown in 1889. The majority of 
 these bills were of a character that could have originated 
 in the senate with a regard to the public interests and 
 the expedition and convenience of the business of the two 
 houses. From time to time the senate makes amendments that 
 show how thoroughly its members understand and are compe- 
 tent to consider certain subjects; and the sometimes hasty 
 legislation of the commons — hasty because that body is too 
 often overweighted with business — is corrected greatly to the 
 advantage of the country. This fact alone should lead to a 
 reform in the direction indicated. 
 
 It is in the commons house that political power rests. As I 
 have already shown, it has both legislative and executive func- 
 tions, since through a committee of its own it governs the coun- 
 try. Like its great English prototype it represents the people, 
 and gives full expression to the opinions of all classes and inter- 
 ests, to a greater degree indeed than in England itself, since it 
 is elected on a franchise much more liberal and comprehensive. 
 At the present time the Canadian house of commons contains 
 t o hundred and fifteen members, or about one irember for 
 every twenty thousand persons. The representation is rear- 
 ranged every decennial census by act of parliament in accord- 
 ance with the terms of the constitutional law. The French 
 Canadian province has a fixed number of sixty-five members 
 which forms the ratio of representation on which ' a decennial 
 
 ' At the last cenBus the population of Canada was given as 4,382,810 per- 
 sons ; it is now about 5,000,000. 
 
657] 
 
 Federal Oovemment in Canada. 
 
 101 
 
 readjustment is based. Each of the other provinces is assigned 
 such a number as will leave the same proportion to the num- 
 ber of its population as the number sixty-five bears to the 
 population of Quebec when ascertained by a census.* The 
 o-reat province of Ontario, with two millions of people, is now 
 represented by ninety-two members, or fifty-eight more mem- 
 bers than the state of New York, with over five millions of 
 souls, has in the house of representatives.'* Quebec has, as just 
 
 » B. N. A. Act, 1867. 
 
 {The Home of Commons.) 
 
 * Sec. 37. The house of commona shall, subject to the provisions of this 
 act, consist of one hundred and eighty-one members, of whom eighty-two 
 shall be elected for Ontario, sixty-five for Quebec, nineteen for Nova Scotia 
 and fifteen for New Brunswick. 
 
 38. The governor-general shall from time to time, in the queen's name) 
 by instrument under the great seal of Canada, summon and call together 
 the house of commons. 
 
 39. A senator shall not be capable of being elected or of sitting or voting 
 as a member of the house of commons. 
 
 (Sections 40-43 refer to electoral divisions and make temporary provi- 
 sions for elections.) 
 
 44. The house of commons, on its first assembling after a general election, 
 shall proceed with all practicable speed to elect one of its members to be 
 speaker. 
 
 45. In case of a vacancy happening in the office of speaker, by death, 
 resignation or otherwise, the house of commons shall, with all practicable 
 speed, proceed to elect another of its members to be speaker. 
 
 46. The speaker shall preside at all meetings of the house of commons. 
 
 47. Until the parliament of Canada otherwise provides, in case of the 
 absence, for any reason, of the speaker from the chair of the house of com- 
 mons for a period of forty-eight consecutive hours, the house may elect 
 another of its members to act as speaker, and the member so elected shall, 
 during the continuance of such absence of the speaker, have and execute all 
 the powers, privileges and duties of speaker. 
 
 48. The presence of at least twenty members of the house of commons 
 shall be necessary to constitute a meeting of the house for the exercise 
 of its powers ; and for that purpose the speaker shall be reckoned as a 
 member. 
 
 49. Questions arising in the house of commons shall be decided by a 
 majority of the voices other than that of the speaker, and when the voices 
 are equal, but not otherwise, the speaker shall have a vote. 
 
102 
 
 Federal Government in Canada. 
 
 [668 
 
 
 I'! 
 
 stated, sixty-five; the maritime provinces, foity -three; and the 
 remaining members are distributed in Manitoba, British 
 Cohimbia and the territories. Previous to 1885 the franchise 
 for the several provincial legislatures was the franchise for the 
 house of commons ; but in that year an electoral franchise act 
 was passed by parliament for the whole dominion. It was 
 contended, after the most protracted debate that has taken 
 place for years in Canada on any one question, that this radical 
 change was not justified by any public necessity, and was sim- 
 ply entailing an enormous expense on the treasury without 
 returning any corresponding advantage to the country. It 
 may be argued with truth that generally in a federal system it 
 
 50. Every house of commons shall continue for five years from the day of 
 the return of the writs for choosing the house (subject to be sooner dissolved 
 by the governor-general), and no longer. 
 
 51. On the completion of the census in the year one thousand eight hun- 
 dred and seventy-one and of each subsequent decennial census, the repre- 
 sentation of the four provinces shall be readjusted by such authority, in such 
 a manner, and from such time as the parliament of Canada from time to 
 time provides, subject and according to the following rules: — 
 
 (1.) Quebec shall have the fixed aumber of sixty-five members: 
 
 (2.) There shall be assigned to each of the other provinces such a number 
 of members as will bear the same proportion to the number of its 
 population (ascertained at such census) as the number sixty-five 
 bears to the number of the population of Quebec (so ascertained) : 
 
 (3.) In the computation of the number of members for a province a frac- 
 tional part not exceeding one-half of the whole number requisite fur 
 entitlin'? the province to a member shall be disregarded ; but a frac- 
 tional part exceeding one-half of that number shall be equivalent to 
 the whole number: 
 
 (4.) On any such readjustment the number of members for a province 
 shall not be reduced unless the proportion which the number of the 
 population of the province bore to the number of the aggregate pop- 
 ulation of Canada at the then last preceding readjustment of the 
 number of members for the province is ascertained at the then latest 
 census to be diminished by one-twentieth part or upwards : 
 
 (5.) Such readjustment shall not take efiect until the termination of the 
 then existing parliament. 
 
 52. The number of members of the house of commons may be from time 
 to time increased by the parliament of Canada, provided the proportionate 
 representation of the provinces prescribed by this act is not thereby disturbed. 
 
 ~^^ 
 
559] 
 
 Federal Government in Canada, 
 
 103 
 
 is desirable to use whenever practicable all the institutions of 
 the local government in order to bring the centre and its 
 members into as perfect harmony as possible with one another. 
 This is the practice in the United States, where congress is 
 elected on the franchises of the several states — a system which 
 has been found in every way satisfactory. However, these 
 and other arguments against the change were considered by the 
 majority in parliaraant as insufficient compared with the belief 
 that they entertained that it was expedient to have the do- 
 minion parliament perfectly independent of provincial control. 
 The franchise, though somewhat complicated in its details, is 
 so broad as practically to be on the very border of universal 
 suffrage. Every intelligent, industrious man, who is a British 
 subject by birth or naturalization and not a convict or insane 
 or otherwise disqualified by law, is now in a position to qualif^^ 
 himself to vote for a member for the commons ; even the 
 Indians in the old provinces can also avail themselves of the 
 same privilege if they come within the liberal conditions of 
 the act. Members of the house, as well as of the senate, 
 receive a sessional indemnity of ^1,000 in case the session 
 extends beyond -thirty days, and an allowance of ten cents a 
 mile for travelling expenses ^ No property qualification is now 
 demanded from a member of the commons nor is he limited to 
 a residence in the district for which he is elected, as is the case 
 in the United States by law or usage ; and should he not be 
 able to obtain a seat in the locality or even in the province 
 where he lives be can be returned for any constituency in the 
 dominion. This is the British principle which tends to elevate 
 the representation in the commons ; for while as a rule mem- 
 bers are generally elected for their own district, yet occasions 
 may arise when the country would for some time lose the 
 
 * In the colony of Victoria, Australia, where salaries are much higher 
 than in Canada, members of the assembly receive $1,500 a session, and after 
 seven years' service passes over railways. 
 
 ''-I 
 
 "I 
 
 
104 
 
 Federal Qovemment in Canada. 
 
 [560 
 
 services of its most distinguished statesmen,^ should the Amer- 
 ican rule prevail. The senators in Quebec, in view of the 
 exceptional position of that province, must reside in their own 
 divisions or have their property qualification therein ; but 
 while the constitutional law requires that in the case of the other 
 provinces senators must reside within the provincial limits, yet 
 there is no legal necessity that they should live in a particular 
 county or district. In a country like this, with many legislative 
 bodies, demandinj^ the highest capacity, it would be unfortu- 
 nate were there such limitations in existence as it is admitted 
 tend in the United States to prevent the employment of the 
 highest talent in the public service.'' 
 
 The house of commons may be regarded as fairly represen- 
 tative of all classes and interests. The bar predominates, as is 
 generally the case in the legislatures of this continent ; but the 
 medical profession, journalism, mercantile and agricultural pur- 
 suits contribute their quota. It is an interesting fact that a 
 large proportion of members have been educated in the uni- 
 versities and colleges of the provinces, and this is especially 
 true of the representatives from French Canada where there 
 are a number of seminaries or colleges w.hich very much 
 resemble the collegiate institutes of Ontario, or the high 
 schools of the United States, where a superior education, only 
 inferior to that of the universities, is given to the youth of the 
 country. Another matter worthy of mention is the fact that 
 a good proportion of the house has served an apprenticeship in 
 the municipal institutions of Ontario^not a few of the leading 
 men having been wardens, reeves, or mayors. 
 
 Of the sixty-five representatives from Quebec, there are 
 fourteen English-speaking members, chiefly from the cities 
 and the eastern townships where a British population is still in 
 
 ^ For instance, the present premier (Sir John Macdonald) when he lost 
 his seat in Kingston, Ontario, in 1878, was immediately returned for a con- 
 stituency in Manitoba, and subsequently for a seat in British Columbia. 
 
 ' See Professor Bryce's comments on this point in the American Com- 
 monwealth, I., p. 258. 
 
661] 
 
 Federal Ooverrtment in Canada. 
 
 105 
 
 the majority. In Ontario, moreover, two of the constituen- 
 cies on the border line return two members to represent the 
 French population that is now living in those districts. To 
 this number we must add another representative from the 
 largely French half-breed constituency of Provencher in 
 Manitoba. 
 
 As a matter of fact, the house of commons comprises many • 
 of the ablest men of the country trained in law and poli- 
 tics. In this respect it must be compared rather with the 
 senate than with the house of representatives at Washington. 
 Rich merchants and banlcers do not as a rule seek seats on its 
 -benches, but still all classes of business find their representa- 
 tives within its walls. The man who can win success and 
 influence in the house has many objects of ambition to reward 
 him, though he must necessarily sacrifice the many opportuni- 
 ties for acquiring large wealth that oifer themselves to those 
 who keep aloof from active politics. The executive has many 
 prizes in its gift in the shape of lieutenant-governorships, 
 judgeships, coUectorships, postmasterships, and many places in 
 the public service which do not fall within the provisions of 
 the civil service act. Thirteen or more positions in the privy 
 council are in view of an ambitious politician. Then there is 
 always the senate as a place of dignity when other plans fail of 
 achievement. The cabinet controls the public expenditures, 
 and it is all-important to an aspiring politician to have as 
 much money as possible spent in his constituency. All these 
 influences help to strengthen the executive under a rigid sys- 
 tem of party government. Party lines are very closely drawn 
 in Canada, and the occasions are very rare and exceptional 
 when men can aflbrd to break loose from the trammels that 
 bind them to a certain political body or set of opinions. In 
 these days a strong executive can exercise a powerful control 
 over its supporters in a legislature, perhaps more so than in 
 England where there always exists an independent sentiment 
 which shows itself at important crises in and out of parlia- 
 ment. The danger now-a-days arises not from the encroach- 
 
 n 
 
106 
 
 Federal Govemmerd in Canada. 
 
 [562 
 
 ment of the royal prerogative, but from the power of the 
 responsible executive which, nominally dependent on the 
 legislature, can, through the influences of party government and 
 individual ambition, make itself the master for the time b?ing 
 as long as it has a strong majority in parliament. The 
 caucus ^ is an instrument that may be and is used to strengthen 
 a party. The strongest ministry does not pretend to deal 
 with important questions during a session without seeking the 
 advice of all its supporters in parliament from time to time. 
 The caucus is a place for strong speaking at crises of political 
 excitement, but, with careful management, party considerations, 
 as a rule, prevail, and occasions seldom arise when it breaks up 
 without an understanding to support the " party " at all haz- 
 ards. Dissolution is a weapon which an executive can always 
 threaten to unsheathe, and recalcitrant followers may prefer 
 that it should remain as long as possible in the scabbard. It 
 is better perhaps for the public interest that the government 
 should be strong than that it should be Aveak ; for in the 
 former case it can spare defections, and ran afford to be deter- 
 mined in a political crisis. It is a misfortune, when, as in 
 France, there are numerous political cliques and sections, 
 incessantly warring against each other and preventing the 
 establishment of stable administrations. 
 
 The laws enacted for the preservation of the independence 
 of parliament and the prevention of corrupt practices at elec- 
 tions, are in principle and details practically those in operation 
 in the mother country. The former law derives its origin 
 from the statute of Queen Anne'* which established the valu- 
 able principle that the acceptance by a member of the house 
 
 ' Both government and opposition hold such a caucus when necessary. 
 We have not yet reached the perfection of the political system of primaries, 
 conventions and caucuses in the United States ; but conventions are now 
 generally held in the different electoral districts to nominate candidates for 
 the legislature, and the.e is a thorough organization of the two partieii pre- 
 vious to a general election. 
 
 ' 6 Anne, c. 7, sees. 25, 26. 
 
563] 
 
 Federal GovemmerU in Canada. 
 
 107 
 
 of commons of an office of emolument from the crown, shall 
 thereby vacate his seat. Members of the house when called 
 to the government as heads of departments must at once resign 
 their seats and be reelected, though an exchange of offices can 
 take plawi betwo' n ministers after their election under the con- 
 ditions laid down in the law. All officers of the public service 
 and contractors /ith the government are forbidden to sit in 
 parliament — an exception being made, as in England, of officers 
 in the military service. Since 1874 the house has given up its 
 jurisdiction over the trial of controverted elections, which pre- 
 viously had been considered by committees exposed to all the 
 insidious influences of purely political bodies. The courts in 
 the several provinces are now the tribunals for the trial of all 
 such contested elections; find the results have so far in 
 Canada, as in the parent state, been decidedly in the public 
 interests. The laws for the prevention of bribery and cor- 
 ruption are exceedingly strict; and members are constantly 
 unseated for the most trivial breaches of the law, committed 
 by their agents through ignorance or carelessness. The expenses 
 of candidates must be published by their legal agents after 
 the election. The whole intent of the law is to make elec- 
 tions as economical as possible, and diminish corruption. A 
 candidate may be disqualified from sitting in the commons, 
 or voting, or holding any office in the gift of the crown for 
 seven years, when he is proved personally guilty of bribery, 
 and the voters in a constituency may be also severely punished 
 by fine and imprisonment when corruption is proved against 
 them. Yet while these grievous offences against an honest 
 •expression of public opinion are prosecuted and punished so 
 severely, it would be too much to say that all elections are 
 run any more in Canada than in England without a heavy 
 drain at times on the purse of a rich candidate or on the con- 
 tributions of a political party. It is safe to say, however, 
 that our system is a vast improvement on that of the United 
 States, and purity of elections is largely promoted compared 
 with the si of things in old times. 
 
108 
 
 Federal Government in Canada. 
 
 [564 
 
 The methods of business which ihe houses follow are well 
 calculated to promote the efficiency of legislation and secure 
 the satisfactory administration of public affairs. Their rules 
 and usoges are, in all essential particulars, derived from those 
 of the Eiiglish parliament,' and there has been no attempt 
 made to adopt the special rules and practice of congress in 
 any respect. On the day parliament has been summoned by 
 the crown to meet, the governor-general, either in person or 
 by deputy, proceeds to the upper chamber and there seated on 
 the throne, surrounded by a brilliant staff and the high officers 
 of state, reads in the two languages the speech, in which his 
 government sets forth the principal measures which they pur- 
 pose to present during the session. This speech, which is a 
 very concise and short document compared with the elaborate 
 message of the president, is considered as soon as possible in 
 the two houses and generally passes without oppt>8ition or 
 amendment, since it is the modern practice to frame it in 
 terms that will not evoke political antagonism, though of 
 course occasions may arise when a different course will be 
 pursued in order to test the opinion of the house on a par- 
 ticular policy of the administration. As soon as the formal 
 answer to the address has been passed, the houses proceed to 
 appoint the committees, and commence the regular business 
 of the session. The proceedings commence every day with 
 prayers, taken from the church of England liturgy, and are 
 read by the speaker, alternately in English and French, in 
 the commons, and by a paid chaplain in the senate. The 
 rules of the two houses do not vary much with respect to the 
 conduct of business, but more latitude is generally given to 
 members in asking questions and in other proceedings in the 
 senate than in the commons, where there is greater necessity 
 for economizing time. As it is in the popular house that 
 nearly all the business of importance is transacted I shall 
 confine myself to such a brief review of its rules and proceed- 
 ings as may be interesting and useful to a student of our 
 legislative system. 
 
666] 
 
 Federal Government in Canada, 
 
 10& 
 
 While the committees are an important part of the legisla- 
 tive mac^hinery of the Canad an. parliament, still they do not 
 occupy the place they have reached in congreasional govern- 
 ment. They are few in number, only ten, exclusive of some 
 small committees generally appointed to consider special ques- 
 tions in the course of a session. The important bcuies are 
 these : The committee of public accounts, in vvhicl Siiunci; \ 
 inquiries are made, and particular expenditures o^ ■ '■ '^' ■'' 
 ernment reviewed whenever expla' iition or invesst':^" ' is 
 deemed to l)e necessary ; the committee of agriculture and 
 colonization, in which matters affecting those subjects are 
 fully considered ; the committee of privileges and elections, 
 which explains itself; and four coramitteos to which all pri- 
 vate bills respecting banking and commerce, navigation and 
 shipping, railways and canals, telephone and telegraph lines, 
 bridges, insurance and the incorporation of companies for 
 other purposes, are referred for full consideration. There are 
 also two committees on which members from the two houses 
 sit to consider the printing of documents and the library, 
 which are matters of common interest and management. The 
 committees vary in number from twenty-six to one hundred 
 and sixty members. The most numerous is the railway com- 
 mittee which has one hundred and sixty-four members ; agri- 
 culture and colonization, one hundred and eight; banking 
 and commerce, one hundred and four ; miscellaneous private 
 bills, seventy-five. They resemble, therefore, in this respect 
 the grand committees of the English house of commons rather 
 than the small bodies into which congress is divided — by the 
 speaker in the house of representatives and by ballot in the 
 senate.' Canadian committees are appointed by a committee 
 of selection on which the government has of course a majority; 
 and both sides of the house are fully represented. The speaker 
 
 ! 
 
 'In the house of representatives there were in 1884 fifty-four standing 
 committees; in the senate forty-one. Sixteen is the highest number on 
 a committee in the former, eleven in the latter house. 
 
110 
 
 Federal Govetmrnent in Canada, 
 
 [666 
 
 has no concern wliatever in this important matter and acts 
 only as the presiding officer of the assembly, bound to main- 
 tain the rules and usages of parliament and to exercise the 
 functions of his high office irrespective of all political con- 
 siderations whatsoever. He is elected by the majority at tho 
 opening of a new parliament and holds his office until it is 
 dissolved or he resigns. His functions are those of the 
 speaker in the English commons, and in no way does he per- 
 form the political duties of the speaker of the house of repre- 
 sentatives, who is now practically the legislative chief of the 
 party.^ 
 
 All bills must go through several stages in both houses 
 before they can receive the assent of the governor-general and 
 become law. The second reading is the stage when the prin- 
 ciple of the measure should be properly considered, and it is 
 only in committee of the whole that its clauses can be regu- 
 larly discussed. All bills are considered in committee of the 
 whole ; but private bills are first sifted in one of the standing 
 committees just mentioned, and if reported favorably they 
 come again before the house for further examination. I may 
 as well explain here the distinction between the two classes of 
 bills. All measures involving questions of public interest — 
 the criminal law, customs, post office, militia and other matters 
 within the general powers of parliament — are styled public 
 bills. These bills are generally brought in directly on motion 
 l^ the member in charge, or on a resolution in committee of 
 the whole whenever a public burden is imposed, on the prin- 
 ciple that the house should have as long a time as possible to 
 consider matters of revenue and expenditure. As the govern- 
 ment is practically responsible for all important measures of 
 public policy, the great bulk of public legislation is prepared 
 and presented by them ; but it is competent for any one to 
 introduce any bill he wishes, provided it does not impose 
 taxes or appropriate public moneys, which are questions con- 
 
 ^ Congressional Government, by Woodrow Wilson, p. 108. 
 
5G7] 
 
 Fedei'ol Government in Canada. 
 
 Ill 
 
 stitutionally within the purview of the executive alone. The 
 order of business, laid daily on the desk of every member, is 
 divided into government orders, public bills and orders, and 
 private bills, besides questions put to the government, and 
 not'ces of motions, all of which are taken up on particular 
 days in accordance with the rules of the house. If a member 
 has a bill of importance on the paper, the government will 
 give him every assistance in passing it before the house is pro- 
 rogued and even will take charge of it themselves should it 
 be expedient. Certain days are set apart for the government 
 business and for private members ; but near the close of the 
 session the administration control all the time, since theirs is 
 the all-important legislation. The private bills, which always 
 outnumber the public and government measures, are presented 
 and passed in conformity with special rules which do not apply 
 to the other classes. Any persons who desire the incorporation 
 of a banking, insurance, railway, or other company, or to con- 
 struct a bridge, wharf or other work, must give notice in cer- 
 tain journals of their intention, and then come before parlia- 
 ment by petition. This petition must be immediately considered 
 bv a standing committee to see if it is in accordance with the 
 published notice and the standing orders of the house ; and 
 then, if the report is favorable, the bill is presented, read a 
 second time, and referred to one of the committees to which it 
 should properly go. Its consideration in that committee is 
 the most important stage to which it is submitted ; for its 
 promoters must now show that there is no objection to its pas- 
 sage, and it is the duty of the committee to see that it inflicts 
 no injury and is in conformity with the rublic interests. If 
 there is opposition to the bill, full opportunity is given by 
 the rules to the contestants to appear and set forth their case. 
 The house, through committees of this sort, acts in a quasi 
 judicial capacity. Members of the government sit on such 
 committees and pay particular attention to all the details of 
 legislation of this class. It will consequently be seen that the 
 administration becomes practically responsible for the charac- 
 
 \' I 
 
 \& 
 
 t 
 
 .'i 
 
 ? ' 
 
 ! V! 
 
112 
 
 Federal Government in Canada. 
 
 ms 
 
 I 
 
 iii 
 
 
 ter of all the legislation that )as8e8 parliament. The average 
 nnmber of measiiios that pas3 the two houses every session is 
 ore hundred nnd ten, of which three- fourths at least are of a 
 private nature. Tlie total number of bills presented as a rule 
 during the session does not exceed one hundred and thirty, 
 and it is therefore evident that very few desirable measures 
 fail to become law. The fact that on the average seven thou- 
 sand bills are brought every year into congress, of which not 
 more than one thirtieth* ever becomes law, stands out in strik- 
 ing contrast with the limited amount of legislation in the 
 Canadian parliament. In both countries there are legislatures 
 to relieve the central authority of a great number of bills which 
 otherwise would come before it. The difference between 
 Canada and the United States with respect to population and 
 wealth does not by any means explain this difference in point 
 of legislation. In all probability the reason must be sought 
 in the fact that in the Canadian, as in the British parliament, 
 there is an administration which is immediately responsible 
 for all important matters of public policy, and always bound 
 to give a vigilant scrutiny. to every measure that comes before 
 the house. 
 
 The principal duty of parliament is very truly considered 
 to be the voting of supply. From early times in English 
 history the kings were obliged to resort to the nation and ask 
 them to provide the money necessary to meet their financial 
 necessities. One of the most famous statutes in England is 
 that of 1297, which followed the great charter wrung from 
 John at Runnymede, and declares that no tallage shall be 
 taken without the good will and assent of archbishops, bishops, 
 earls, barons, knights, burgesses, and other freemen of the 
 land. Since that day, parliament has had the power of taxa- 
 tion. The three estates originally voted supply separately, 
 but in the course of time the right of initiating all taxation 
 and voting money rested with the people's representatives. In 
 
 ' Professor Bryce in the American Commonwealth, I., 181, 182. 
 
669] 
 
 Federal Government in Canada. 
 
 113 
 
 Canada, as I have already shown in the second lecture, the 
 commons houses in the various provinces, from the very com- 
 mencement of legislative institutions, asserted their claims to 
 full control over the public grants. Now for many years the 
 rules and images that have so long obtained in England with 
 respect to money votes and taxes prevail in Canada and govern 
 the relations between the two houses. The crown, with the 
 advice of the council, recommends all appropriations of public 
 money.' All rjeasures of taxation can only be introduced by 
 ministers of the crown and must be shown necessary for the [)ub- 
 lic service. Appropriations and taxes are invariably first voted 
 in committee of the whole in the shape of resolutions which, 
 when agreed to at a subsequent stage of the house, are incor- 
 porated into bills. Permanent grants, such as ministers' or 
 judges' salaries, are passed in this way in ordinary committees 
 of the whole. All suras of money, however, for the service 
 of the year, are voted every session in committee of supply, 
 when the estimates, giving all the votes in detail, are formally 
 laid before the house by message from the governor-general. 
 These estimate" contain several hundred votes arranged in the 
 order of the various public services. For instance, — civil 
 government, militia, penitentiaries, administration of justice, 
 immigration, Indians, public works, railways and canals, quar- 
 antine and the numerous other subjects for which parliament 
 votes annually large sums of the public money. These esti- 
 mates contain the expenditures for the current and the pre- 
 vious year in parallel columns, for purposes of comparison, 
 and it is the duty of the minister responsible for a particular 
 
 I 
 
 til 
 
 ^B. N. A. Act, 1867, sec. 53. Bills for appropriating any part of the pub- 
 lic revenue, or for imposing anj tax or impost, shall originate in the house 
 of commons. 
 
 54. It shall not be lawful for the house of commons to adopt or pass any 
 vote, resolution, address, or bill for the appropriation of any part of the 
 public revenue, or of any tax or impost, to any purpose that has not been first 
 recommended to that house by message of the governor-general in the ses- 
 sion in which such vote, resolution, address, or bill is proposed. 
 
114 
 
 Federal OovernmerU in Canada. 
 
 [670 
 
 expenditure to give tull explanations on the subject when they 
 are demanded by the house. As every vote is carefully scanned 
 a very considerable part of the session is occupied by debates 
 on this important committee, over which a permanent chair- 
 man, v/ho is also the deputy speaker, presides. When all the 
 votes are passed in committee, then they are reported to the 
 house, and a further opportunity given for debate, though 
 members are permitted to speak only once at this stage. Res- 
 olutions are next passed in committee of ways and means to 
 authorize the necessary payments out of the consolidated fund, 
 and finally the appropriation bill, containing all the votes of 
 supply in full, is introduced and passed through all its stages. 
 The committee of supply votes the money, and the committee 
 of ways and means provides the means of payment. It is in the 
 latter committee all taxes are imposed for purposes of public 
 revenue. 
 
 When the estimates have been brought in it is the duty of 
 the finance minister to make his financial statement, or, in 
 parliamentary phrase, present the " budget." * He will on this 
 occasion review the expenditure of the past, and estimate that 
 for the following year, give his opinion on the financial situa- 
 tion and lay before the house a statement of any scheme of tax- 
 ation that the government may have decided on, or of any 
 changes that may be deemed necessary in the existing tariff. 
 One of the most important and interesting debates of the ses- 
 sion generally takes place after the delivery of this speech. 
 
 From the beginning of the session, members ask questions 
 of the government on every imaginable public topic, and make 
 formal motions for papers relating to matters of general or 
 local interest. All such motions and inquiries are made after 
 two days' notice ; for the rules are very properly framed so as 
 to prevent surprises, and give the house due information of 
 the business to come daily before it. Bui; in the Canadian house, 
 
 ^ From the old French word bougeite, a bag. In making this Btatement, the 
 minister opens the money bag of the people, figuratively speaking. 
 
671] 
 
 Federal Govemment in Canada. 
 
 115 
 
 and in the English commons in a more limited sense under 
 the new regulations adopted since " obstruction " showed its 
 objectionable features, there are certain methods which enable 
 members to move motions or ask questions without number, 
 and even v 'thout notice in the Canadian commons. It is 
 always open to a member to bring up an important question 
 immediately — except, of course, when there is a subject under 
 consideration — and debate it at any length on a motion for 
 the adjournment of the house. Then, as soon as committee of 
 supply is moved on any day, a member may make a motion 
 on any question he wishes, unless it refers to the voles to be 
 discussed in supply. As the rules do not permit any amend- 
 ment to be made to a motion at such a stage, " the previous 
 question," in the English parliamentary sense, is practically 
 in force and it is possible to get a direct vote on an issue, with- 
 out the evasions that amendments offer on other occasions. 
 While in the case of all bills and other motions, amendments 
 must be relevant to the question, members can here bring up 
 any subject they please. This is a practice which has its his- 
 torical origin in the fact that in old times, when the English 
 parliamentary system was developing itself, the people's repre- 
 sentatives laid down the principle that the king must redress 
 their grievances before they should grant him the supply he 
 asked from the nation. Those times have long since passed 
 away and the people now fully control all taxes and expendi- 
 tures, but the crown still asks for money through the council, 
 and the commons grant it in due form. It is no longer neces- 
 sary to threaten the crown with a refusal of supplies unless the 
 people's grievances are redressed ; but still they ain refuse it 
 to an unfaithful government should the necessity arise. As a 
 matter of fact, should the government be defeated in a session 
 before supply is voted, the honse would pass only such votes 
 as are necessary to meet the exigencies of the public service, 
 and leave the whole question of supply open until the crisis is 
 over and there is in office a ministry which has the confidence 
 of the house and country. The privilege of obtaining an 
 
 I * 
 
 fifS 
 
116 
 
 Federal Oovemment m Cajiada. 
 
 [672 
 
 te 
 
 expreBsion of opinion on any qu&<3tion of interest, and of setting 
 forth any public grievance is one which is often nse<l in the 
 Canadian house, though it has never l)een abused as in Eng- 
 land. The practice of not giving tlie government and house 
 notice of such motions, as in England, is objectionable, and 
 that is practically admitted by the fact that it is now generally 
 considered courteous to inform the ministry privately of the 
 subject before it is formally proposed. It would, however, 
 be clearly to the public advantage were th '•nles to require 
 that the whole house should always have be. j + the text or 
 at least the substance of a motion so that it may i o discussed 
 as intelligently as possible. 
 
 The houses have never been compelled by obstruction, as in 
 England, to adopt rules for the closure of a debate, nor do they 
 limit the length of speeches on any occasion. " The previous 
 question " does not cut off a discussion, as in the United States, 
 but in accordance with the old English practice, only prevents 
 amendment to a question. The debate continues on the main 
 question, until a vote is taken and it is decided whether it 
 shall be put or not. If the house decide that the question be 
 not put, then the main motion disappears from the order paper 
 and the debate cannot continue ; but if the house decide that the 
 question be put, then the debate must cease and the vote be 
 taken immediately. The debates of the house are conducted, 
 as a rule, with decorum, and the occasions are relatively few 
 when the speaker is obliged to call a member to order for the 
 use of improper language. Many years have passed since a 
 member has been " named " and censured by the house for 
 unparliamentary expressions or conduct. Expulsion or sus- 
 pension is unknown to these later days of Canadian parlia- 
 mentary history, though cases of expelling a member just as 
 unjustifiable as that of Wilkes can be found in the legislative 
 annals of French Canada and Upper Canada, from 1800 to 
 1836. Even when party strife runs high and the debate goes 
 on for weeks, the house shows great power of self-restraint. 
 On the occasion of the discussion in 1885 of the dominion 
 
673] 
 
 Federal Government in Canada. 
 
 117 
 
 electoral franchise bill, to which the opposition took very 
 strong objection, the house had a sitting wliich lasted over 
 fifty hours ; but there Mas no exhibition of ill temper or 
 passion, and the two contending parties simply made a great 
 physical effort to tire each other out. The s}>eeches on impor- 
 tant occasions, however, are sometimes unnecesHarily long; for 
 it is not unusual for a member to take up three hours before 
 he closes. Debates are in such cases pr(jlonge<l for days and 
 the house Ixicomes too often the theatre for the utterance of 
 elaborate essays instead of that incisive discussion which is 
 best adapted to a deliberative assembly. Sometimes the house 
 rises to the " height of a great argument " and the debate is 
 confined closely to the subject, and to a few leading men on 
 either side. The fact is that in the majority of cases, men 
 speak to their constituents rather than to the hou e, through 
 the medium of the official reports which are very full and give 
 facilities for members to distribute their speeches ad libitum in 
 their electoral districts. The house, however, in the ordinary 
 proceedings and in committee of the whole, and in select com- 
 mittees, shows a very practical capacity for business, and in 
 .this way affords some compensation for the wordiness that too 
 often distinguishes its debates. The opportunities for oratori- 
 cal displays are few, but at .imes there are speeches worthy of 
 any legislative assembly in English speak iilg countries, and 
 illustrative of the high intellectual standard of some of its 
 members. Some of the French members speak English with 
 remarkable accuracy, and it is but rarely now that any other 
 language is heard in important debates, since the minority feel 
 themselves compelled to speak so as to be understood by the 
 great majority of which the house is composed. All the 
 motions, however, are read and all the proceedings printed, 
 in the two languages, in accordance with the British North 
 America Aut and the rules of the two houses.^ 
 
 IV: l\ 
 
 ill 
 
 .41^ n 
 
 * B. N. A. Act, sec. 133. Either the English or the French language may 
 be used by any person in the debates of the houses of the parliament of 
 
118 
 
 Federal Government in Canada. 
 
 [574 
 
 In case o/ a division on a question, the motion is formally 
 put by the speaker, and he calls for the " yeas " and " nays." 
 If he cannot decide from the voices^ and five members call for 
 the names, those in favor of the question first stand up and 
 the name of each member is called without reference to alpha- 
 betical order by the assistant clerk and recorded by the clerk 
 on a roll before him. Then the same procedure is repeated 
 in the case of the opposite side, and as soon as the clerk has 
 counted up and announced the numbers, the speaker declares 
 the motion carried or negatived as the case may be. The 
 names are invariably recorded in alphabetical order in the 
 journals. The whole process is very simple, and takes only 
 about twenty minutes from the time the members are "called 
 in " and the vote declared. 
 
 In concluding this lecture, I may briefly refer to the position 
 of that large body of permanent officials generally known as 
 the civil service of Canada, whose services are so valuable and 
 indispensable to the good government of the country at h \jC. 
 Except in some of the smaller provinces — in Nova Scotia, for 
 instance, until recently — there has been for half a century and 
 more in Canada, always a geneni^ recognition of the important- 
 principle that the public servants saould be irremovable except 
 for sufficient cause, and that they should continue in office with- 
 out respect to changes of political administrations. In the days 
 previous to responsible government, this class was appointed 
 by the governors, but since the days of Lord Metcalfe, the 
 third governor-general of Canada after the union of 1841, 
 who attempted in some memorable cases to ignore the advice 
 of his ministers, judges and all public officials have been inva- 
 
 Ganada and of the houses of the legislature of Quebec ; and both those 
 languages shall be used in the respective records and journals of those 
 houses ; and either of those languages may be used by any person or in any 
 pleading or process in or issuing from any court of Canada establbhed 
 under this act, and in or from all or any of the courts of Quebec. 
 
 The acts of the parliament of Canada and of the legislature of Quebec 
 shall be printed and published in both those languages. 
 
675] 
 
 Federal Government in Canada. 
 
 119 
 
 riably appointed on the recommendation of the administration. 
 There is now a law ^ providing for examinations for admission 
 to and promotions in all the important departments of the 
 public service. It is still a moot question in Canada, as in 
 England, whether in all cases — especially in promotions — 
 success in answering the questions of examiners is invariably 
 the best test of a candidate's capacity for filling certain public 
 positions — whether sometimes it does not merely illustrate an 
 ability to " cram." Experience in an office, in the opinion of 
 men qualified to speak of such a subject, can most frequently 
 prove the competency of an individual for the; ordinary routine 
 duties that the majority of public officials have to fill. Be that 
 as it may, the educational test has at least the advantage of 
 keeping out of the public service many undesirable men who, 
 without some such test, would be pushed into the departments 
 for mere political reasons. The civil service act has relieved 
 the government to a very considerable degree of a political 
 pressure which had seriously interfered with the efficient organ- 
 ization and working of the departments. Besides the minor 
 offi'i^ials appointed in accordance with the provisions of the law, 
 there are a large number of important offices, like collectors of 
 customs, postmasters, deputy or permanent heads of depart- 
 ments, which are still given as rewards for political service. 
 The moment, however, these men are appointed and show 
 themselves capable in the discharge of their duties, they become 
 the servants of the people at large, and not of a particular 
 party or administration. Recognizing their obligations in this 
 respect, the public officials of the dominion generally keep aloof 
 from party conflict and intrigue and confine themselves to 
 the legitimate functions devolving upon them. When they 
 have attained a certain age, and become incapacitated for per- 
 forming their duties, they are allowed a fair superannuation 
 
 n 
 
 ^See Can. Rev. Stat., c. 17 (as amended by 51 V., c. 12), which regulates 
 the salaries paid to deputy ministers and clerks according to their grade. 
 
120 
 
 Federal GovemmerU in Canada. 
 
 [676 
 
 allowance/ in accordance with the conditions laid down in the 
 law. In certain political emergencies there may be sometimes 
 an inclination to use the superannuation provisions to create a 
 vacancy to reward a follower of some political party ; but such 
 cases are natural temptations inseparable from a system of 
 popular government. On the whole, this superannuation 
 allowance is an inducement to men to enter and continue in 
 the public service, and is justified by the experience of the 
 parent state. So much depends on the efficiency of the per- 
 manent public service in a country like Canada, where govern- 
 ments and ministers are constantly changing, that it seems 
 expedient to offer every possible incentive to the best class of 
 men to give up the greater ambitions and prizes of life, and 
 devote their services to the government. Whatever defects 
 may still exist in the rules and practices that r^ulate the public 
 service, it is not too much to p«»v that the permanent officials 
 of Canada are, in general, an istrious and efficient class, in 
 every way reflecting credit on our system of government. 
 
 ' See Can. Rev. Stat., c. 18. 
 
LECTURE IV. 
 
 THE PROVINCIAL GOVERNMENTS AND 
 LEGISLATURES. 
 
 The Provinces are so many political entities, enjoying ex- 
 tensive powers of local governmert and forming parts of a 
 Dominion whose government possesses certain national attri- 
 butes essential to the security, successful working, and per- 
 manence of the federal union, established by the British North 
 America Act of 1867, which defines the respective jurisdictions 
 of the federal organization and its members. These province 
 vary just as do the American States in population and area. 
 Ontario may be compared to Ohio, and Prince Edward Island 
 to Rhode Island. British Columbia has the area of an em- 
 pire, but as yet its whole population is the smallest of all the 
 provinces. Previous to the confederation, all the provinces, 
 except Manitoba, which was formed in 1870 out of the North- 
 west Territories, had a complete organization of government 
 and legislature. The political history of Ontario and Quebec 
 has, for convenience sake and on account of their having 
 written constitutions since 1774, been briefly reviewed in a 
 former lecture, and it is, therefore, only necessary to refer 
 here to that of the smaller provinoes. Nova Scotia, New 
 Brunswick and Prince Edward Island were formerly por- 
 tions of the French domain in America, but they were form- 
 ally ceded to England by the treaty of Utrecht in 1714, and 
 the treaty of Paris in 1763. There are still in certain dis- 
 tricts a small population descended from the old French, who 
 once tilled the fertile lands of Acadie, that ill-defined r^ion, 
 which comprised not only Nova Scotia and New Brunswick, 
 9 121 
 
 " i 
 
122 
 
 Federal OovemmerU in Canada. 
 
 [578 
 
 but a considerable part of the State of Maine, according to 
 the contentions of French statesmen. None of these provinces 
 were ever given written constitutions by the parliament of 
 Great Britain, as we have seen was the case with old Canada j 
 but to all intents and purposes they enjoyed, previous to 1867, 
 as complete a system of self-government as that large province. 
 Their constitutions must be sought in the commissions of the 
 lieutenant-governors, despatches of the colonial secretary of 
 state, imperial statutes, and various official documents, grant- 
 ing in the course of time a legislative system and responsible 
 government. 
 
 At the time of the outbreaks in Upper and Lower Canada 
 in 1837-8, there was still a considerable amount of dissatis- 
 faction in the Maritime Provinces, arising from the existence 
 of an irresponsible executive, the constant interference of the 
 imperial government in colonial matters, and the abuse of 
 the powers of the representative and executive bodies ; but 
 " if there was in those sections less formidable discontent and 
 less obstruction to the regular yourse of government, it was 
 because in them there was a considerable departure from the 
 ordinary course of the colonial government, and a nearer 
 approach to sound constitutional practice." In New Bruns- 
 wick especially, "the political controversies that had been 
 extremely bitter between the executive and legislative authori- 
 ties were, to a great extent, terminated by the concession of 
 all the revenues to the assembly." ^ In Prince Edward Island 
 the political situation was aggravated by the fatal mistake, 
 made at the very commencement of its history, of handing 
 over all the lands to a few absentee landlords, a burning 
 question that was not satisfactorily settled until after the 
 island had become part of the confederation. 
 
 At the time of the confederation all the provinces enjoyed 
 parliamentary government in as complete a sense as Canada 
 itself, responsible government having been given to Nova 
 
 ' Lord Durham's Beport, pp. 62, 63. 
 
579] 
 
 Federal Government in Canada. 
 
 123 
 
 Scotia and New Brunswick in 1848, and to Prince Edward 
 Island three years later. In each province there was a lieu- 
 tenant-governor appointed by the crown directly, an executive 
 responsible to the legislature, which was composed of two 
 houses, an assembly elected by the people and a legislative 
 council appointed by the crown, except in Prince Edward 
 Island, where then, as now, it was elective. 
 
 It was therefore only necessary to enact in the constitution 
 that the two provinces of Nova Scotia and New Brunswick 
 should have the same territorial limits, and that their constitu- 
 tions should remain as at the time of the union, until altered 
 under the authority of the act. In the case, however, of Canada, 
 it was necessary to divide it, since one of the principal objects 
 of the federal union was to get rid of the political difficulties 
 that had so long complicated government in Canada and sep- 
 arated French Canada from the western section. Consequently 
 Canada was divided into two separate provinces as before the 
 union of 1841, with the respective names of Quebec and 
 Ontario, instead of Lower Canadi. and Upper Canada.^ In 
 
 ^ B. N. A. Act, 1867, sec. 6. Canada shall be divided into four provinces, 
 named Ontario, Quebec, Nova Scotia and New Brunswick. 
 
 6. The parts of the province of Canada (as it exists at the passing of this act) 
 which formerly constituted respectively the provinces of Upper Canada and 
 Lower Canada, shall be deemed to be severed and shall form two separate 
 provinces. The part which formerly constituted the province of Upper 
 Canada shall constitute the province of Ontario ; and the part which for- 
 merly constituted the province of Lower Canada shall constitute the pro- 
 vince of Quebec. 
 
 7. The provinces of Nova Scotia and New Brunswick shall have the same 
 limits as at the passing of this act. 
 
 An imperial statute passed since 1867 (B. N. A. Act, 1871) provides: 
 3. The parliament of Canada may from time to time, with the consent of 
 the legislature of any province of the said dominion, increase, diminish, or 
 otherwise alter the limits of such province, upon such terms and conditions 
 as may he agreed to by the said legislature, and may, with the like consent, 
 make provision respecting the effect and operation of any such increase or 
 diminution, or alteration of territory in relation to any province affected 
 thereby. 
 
124 
 
 Federal Government in Canada. 
 
 [680 
 
 view of this division, it became necessary to make special pro- 
 visions for Ontario and Quebec in accordance with an address 
 adopted in the Canadian legislature. The representatives of 
 Upper Canada wished to have only one house, a legislative 
 assembly, while those of Lower Canada preferred the more 
 British and indeed the more American system of two houses. 
 It has been urged by an eminent judge that the British North 
 America Act carried out confederation "by first consolidating 
 the four original provinces into one body politic, the Dominion, 
 and then redistributing this Dominion into four provinces." ^ 
 In other words the provinces were newly created by the act of 
 union. But by no reasoning from the structure of the act, 
 can this contention, which makes the provinces the mere crea- 
 tions of the statutes, and practically leaves them only such 
 powers as are specially stated in the act, be justified. If it 
 was so, there must have been for an instant a legislative union 
 and a wiping out of all old powers and functions of the pro- 
 vincial organizations and then a redivision into four provinces 
 with only such powers as are directly provided in the act. 
 
 The weight of authority now clearly rests with those who 
 have always contended that in entering into the federal com- 
 pact the provinces never intended to renounce their distinct 
 and separate existence as provinces, when they became part 
 of the confederation. This separate existence was expressly 
 reserved for all that concerns their internal government ; and 
 in forming themselves into a federal association under political 
 and legislative aspects, they formed a central government for 
 inter-provincial objects only. Far from the federal authority 
 having created the provincial powers, it is from these provin- 
 cial powers that there has arisen the federal government to 
 which the provinces ceded a portion of their rights, property 
 and revenues.' 
 
 ^Mr. Justice Strong, St. Catharine's Milling Company V8. The Queen. 
 Sup. Court B., Vol. 13, p. 605. 
 
 ' An eminent constitutional lawyer, Hon. Edward Blake, has taken issue 
 with the learned judge in the course of an exceedingly able argument he 
 
581] 
 
 Federal Government in Canada. 
 
 126 
 
 The constitutions of the four provinces, which composed the 
 dominion in 1867, are the same in principle and in details, 
 except in the case of Ontario, where there is, as I have already 
 shown, only a legislative assembly. The same may be said of 
 the other provinces that have been brought into the union 
 since 1867. All the provisions of the British North America 
 Act that applied to the original provinces were, as far as possi- 
 ble, made applicable to the provinces of British Coluxx^oia, 
 
 made before the judicial committee of privy council, in the case of the 
 Queen and the St. Catharine's Milling Company, and I cannot do better 
 than quote his exact words, which seem clearly to indicate the real char- 
 acter of the union : " What then was the gei eral scheme of that act ? First 
 of all, as I have suggested, it was to create a federcU as distinguishe'^ from a 
 legislative union, a union composed of several existing and conl' ^ entir 
 ties. It was not the intention of parliament to mutilate, confoi,.ia and 
 destroy the provinces mentioned in the preamble, and having done so, from 
 their mangled remains, stewed in some legislative caldron, evoke by some 
 legislative incantation, absolutely new provinces into an absolutely new 
 existence. It was rather, I submit, the design and object of the act, so far 
 as consistent with the re-division of the then province of United Canada 
 into its old political parts, Upper and Lower Canada, and with the federal 
 union of the four entities. Nova Scotia, New Brunswick and the reconsti- 
 tuted parts of old Canada, Ontario and Quebec ; it was the design, I say, so 
 far as was consistent with those objects, by gentle and considerate treatment 
 to preserve the vital breath and continue the political existence of the old 
 provinces. However this may be, they were being made, as has been well 
 said, not fractions of a unit but units of a multiple. The Dominion is a 
 multiple, and each province is a unit of that multiple, and I submit that 
 undue stress has been laid, in the judgment of one of the learned judges 
 below, upon the form which is said to have been adopted, of first uniting 
 and then dividing the provinces. I submit that the motive and cause of 
 that form was the very circumstance to which I have adverted, the neces- 
 sity of the redivision of old Canada. Three provinces there were, ' four ' 
 there were to be ; and the emphatic word in that clause is the word * four.' 
 But for the special circumstance of the redivision of old Canada, there 
 would have been no such phrase. Again, consistently with and supporting 
 the suggested scheme of the act, there is to be found important language 
 with reference to the provincial institutions and rights of property which 
 are spoken of as continued and retained, words entirely repugnant to the 
 notion of a division and a fresh creation." See argument published in 
 pamphlet form, Toronto, 1888. 
 
 II 
 
126 
 
 Federal Oavervment in Ckmada. 
 
 [682 
 
 Manitoba and Prince Edward Island, just as if they had 
 formed part of the union in 1867. 
 
 Manitoba was given a constitution similar to that of the 
 older provinces by an act of Canadian parliament, and it was 
 expressly provided in the terms of union with British Columbia 
 that the government of he dominion would consent to the 
 introduction of responsible government into that province and 
 that the constitution of the legislature should be amended by 
 making a majority of Its members elective.^ Immediately 
 after the union these reforms were carried out, and the province 
 was placed on the same footing as all the other provinces. 
 Consequently the local or provincial constitutions are now 
 practically on an equality, so far as the executive, legislative 
 and all essential powers of self-government are concerned j and 
 all of them have the authority under the fundamental law to 
 amend their constitutions, except as regards the office of lieu- 
 tenant-governor.2 British Columbia and Manitoba accordingly 
 availed themstives of their constitutional privileges, and there 
 is now only one house, a legislative assembly, elected by the 
 people in those provinces. 
 
 In all the provinces, at the present time, there is a very com- 
 plete system of local self-government, administered under the 
 authority of the British North America Act, and by means of 
 the following machinery : , 
 
 A lieutenant-governor appointed by the governor-general 
 
 in council ; 
 
 An executive or advisory council, responsible to the legis- 
 lature ; 
 
 A legislature, cons'^ting of an elective house in all cases, 
 with the addition of an upper chamber appointed by the 
 crown in three provinces, and elected by the people, in one ; 
 
 ^ For constitutions of provinces admitted since 1867, see for Manitoba, 
 Can. Stat., 33 Vict., c 3 ; Man. Stat., 39 Vict., c. 28 ; Imp. Stat. 34, 35 Vict., 
 c. 28, sec. 6.— British Columbia, Can. Stat, for 1872, p. 34, B. C. Con. Stat., 
 c. 42.— Prince Edward Island, Can. Stat, of 1873, p. 11. 
 
 'Seewtpro, p. 47. 
 
583] 
 
 Federal Government in Canada. 
 
 127 
 
 A provincial judiciary, composed of several courts, the 
 judges of whom are appointed and paid by the dominion gov- 
 ernment ; 
 
 A civil service, with officers appointed by the provincial gov- 
 ernment, holding office, as a rule, during pleasure and not 
 removed for political reasons ; 
 
 A municipal system of mayors, wardens, reeves and coun- 
 cillors, to provide for the purely local requirements of the cities, 
 towns, townships, parishes and counties of every province. 
 
 The lieutenant-governor is appointed by the governor- 
 general in council, by whom he can be dismissed for " cause 
 assigned" which, under the constitution must be communi- 
 cated to parliament.* He is therefore an officer of the do- 
 minion as well as the head of the executive council and 
 
 I': 
 
 
 ' B. N. A. Act, 1867, sec. 58. For each province there shall be an officer, 
 styled the lieutenant-governor, appointed by the governor-general in coun- 
 cil by instrument under the great seal of Canada. 
 
 59. A lieutenant-governor shall hold office during the pleasure of the 
 governor-general; but any lieutenant-governor appointed after the com- 
 mencement of the first session of the parliament of Canada, shall not be 
 removable within five years from his appointment, except for cause assigned, 
 wLloh shall be communicated to him in writing within one month after the 
 order for his removal is made, and shall be communicated by message to 
 the senate and to the house of commons within one wciek thereafter if the 
 parliament is then sitting, and if not then within one week after the com- 
 mencement of the next session of the parliament. 
 
 60. The salaries of the lieutenant-governors shall be fixed and provided 
 by the parliament of Canada. 
 
 61. Every lieutenant-governor shall, before assuming the duties of his 
 office, make and subscribe before the governor-general or some person 
 authorized by him, oaths of allegiance and office similar to those taken by 
 the governor-general. 
 
 62. The provisions of this act, referring to the lieutenant-governor, extend 
 and apply to the lieutenant-governor for the time being of each province 
 or other, the chief executive officer or administrator for the time being 
 carrying on the government of the province by whatsoever title he is 
 designated. 
 
 67. The governor-general in council may, firom time to time, appoint an 
 administrator to execute the office and functions of lieutenant-governor 
 during his absence, illness or other inability. 
 
 m 
 
 fl 
 
128 
 
 Federal OovemmerU in Canada, 
 
 [584 
 
 possesses, within his constitutional sphere, all the authority of a 
 lieutenant-governor before 1867. The essential difference now 
 in his position arises from the fact that his responsibility is to 
 the government which appoints him, just as these high officials 
 before the confederation were responsible immediately to the 
 imperial authorities. He acts in accordance with the rules 
 and conventions that govern the relations between the governor- 
 general and his privy council. He appoints his executive 
 council and is guided by their advice so long as they retain the 
 confidence of the legislature. He has "an unquestionable 
 constitutional right to dismiss his ministers, if, from any cause, 
 he feels it incumbent upon him to do so. In the exercise of 
 this right, as of any other of his functions, he should, of course, 
 maintain that impartiality towards rival political parties which 
 is essential to the proper performance of the duties of his office ; 
 and for any action he may take he is (under the fifly-ninth 
 section of the British North America Act) directly responsible 
 to the governor-general." ^ But it is quite clear that while the 
 lieutenant-governor can dismiss his ministers, it is a right only 
 to be exercised for a cause fully justified by the practice of 
 sound constitutional government ; and he should not for per- 
 sonal or political reasons, be induced to withdraw his confi- 
 dence from a ministry which has an unequivocal majority in 
 the popular branch, unless indeed there should arise some 
 grave public emergency which would compel him to call upon 
 another set of advisers, and ask tham to support him and appeal 
 to the people for their judgment on the question at issue. 
 Doubts have been raised from time to time, though rarely now, 
 compared with the earlier years of the working of our system, 
 whether the lieutenant-governor of a province represents the 
 crown as before the union of 1867, but it is generally admitted 
 that in the discharge of all the executive and administrative 
 functions that devolve constitutionally upon him and require 
 
 ' Despatch of secretary of state for the colonies in Lientenant-Governor 
 Letellier's case, 1879, Commons Papers 1878-79, c. 2445, pp. 127, 128. 
 
586] 
 
 Federal Oovemment in Canada, 
 
 129 
 
 the interposition of the crown in the province, the lieutenant- 
 governor has all the necessary authority. 
 
 In various cases that have come before the highest courts 
 in Canada and in England, in which the point has been 
 ai^ued, the weight of authority now goes to sustain the 
 general proposition I have laid down.* In one very im- 
 portant argument that was heard before the courts of Canada 
 and finally before the judicial committee of the privy council, 
 the question arose whether it is the provincial or the dominion 
 government that is entitled to the estates of persons dying 
 intestate and without heirs. As every legal student knows, 
 property which has no owner, escheats to the crown, in proper 
 accordance with the maxim of feudal law, and, in our day, 
 that means it becomes the property of the people. One able 
 counsel for the provincial authorities in this case laid special 
 emphasis on the argument that both from the legislative and 
 executive point of view the royal prerogatives, which in Eng- 
 land are not the personal appanage of the sovereign, but are 
 the property of the people, and which the sovereign holds in 
 trust to exercise them in the interests of the British nation, 
 are equally exercised in the provinces of the queen, not more, 
 however, to her personal profit than in the mother country, 
 but for the people of the provinces, with respect to whom 
 these prerogatives have not lost their character of a trust, and 
 that, not being able to exercise them herself, she has delegated 
 their exercise to the lieutenant-governors, who are her man- 
 dataries.* The judicial committee declared by implication 
 that escheated lands in any province went to the provinc^il 
 and not to the dominion government. Their Lordships dwelt 
 on the clause 109,^ in the constitutional act of 1867, which 
 enacts that " all lands, mines, minerals and royalties " belong- 
 
 li 
 
 m 
 
 ^ See opinion of Chief Justice Ritchie in case of Mercer V8. the attorney- 
 general of Ontario. Sap. Court Rep., Vol. V, pp. 636, 638, 643. 
 ' Attorney-general (now judge) Loranger. Sup. Court Rep.,yol. V, p. 608. 
 ' See Bourinot's Manual of Constitutional History, pp. 147-151. 
 
130 
 
 Federal Oovemment in Qmada. 
 
 [586 
 
 I '; 
 
 ing to the provinces at the time of the union shall continue 
 to belong to those provinces. The real question, in their 
 opinion, was as to the effect of the words, "lands, mines, 
 minerals and royalties" taken together. The mention of 
 "mines" and "minerals" in this context was not enough 
 to deprive the word "royalties" of what otherwise would 
 have been its proper force. The general subject of the whole 
 section is " of a high jwlitical nature," it is " it e attribution 
 of royal territorial rights, for purposes of revenue and govern- 
 ment, to the provinces in which they are situate or arise." * 
 This decision in its entirety is properly regarded as decidedly 
 in the direction of strengthening provincial jurisdiction on the 
 point I have beeri considering. 
 
 The executive council, which is the name now given to the 
 administration of each province, a name borrowed from the 
 old provincial (systems of government,' comprises from seven 
 members to two or three in British Columbia, holding, as a 
 rule, various provincial offices as heads of departments. Their 
 titles vary in some cases, but generally there is in every execu- 
 tive council an attorney-general, a provincial secretary, and a 
 commissioner of lands. In the cabinet of Ontario there is a 
 minister of education, since that branch of the public service 
 is of exceptional importance in that province in view of the 
 great expenditure and large number of common and grammar 
 schools, CO. -giate institutes, normal and model schools, besides 
 the provincial university in Toronto. All the members of the 
 executive council, who hold departmental and salaried offices, 
 must vacate their seats and be reelected as in the case of the 
 dominion ministry. The principle of ministerial responsibility 
 to the lieutenant-governor and to the legislature is observed in 
 the fullest sense.^ 
 
 1 Legal News, Vol. VI, p. 244. 
 
 'The same name was applied to the old councils of the thirteen colonies. 
 
 '6. N. A. Act, 1867, sec. 63. The executive council of Ontario and 
 
 Quebec shall be composed of such persons as the lieutenant-governor from 
 
687] 
 
 Federal Oovemment in Canada. 
 
 131 
 
 In ray third lecture, I showed the importance of the powers 
 granted by the British North America Act of 1867 to the 
 provincial legislatures, and gave a brief statement of what I 
 believed, from a study of the best authorities, to be the true 
 relations between those bodies and the dominion government. 
 It is, therefore, oidy necessary for rae to consider here some 
 features of the constitution of these legislatures, the election 
 of members, the trial of controverted elect' nis, the prevention 
 of bribery and corruption, and the great variety of subjects 
 that fall within their legislative jurisdiction. 
 
 time to time thinks fit, and in the first instance of the following officers, 
 namely : the attorney -general, the secretary and registrar of the province, 
 the treasurer of the province, the commissioner of crown lands, and the 
 commissioner of agriculture and public works ; with, in Quebec, the speakex 
 of the legislative council and the solicitor-general. 
 
 64. Tho constitution of the executive authority in each of the provinces 
 of Nova Scotia and New Brunswick shall, subject to the provisions of this 
 act, continue as it exists at the union until altered under the authority of 
 this act. 
 
 65. All powers, authorities, and functions which under any act of the 
 parliament of Great Britain, or of the parliament of the united kingdom of 
 Great Britain and Ireland, or of the legislature of Upper Canada, Lower 
 Canada, or Canada, were or are before or at the union Tested in or 
 exercisable by the respective governors or lieutenant-governors of those 
 provinces, with the advice, or with the advice and consent of the respective 
 executive councils thereof, or in conjunction with those councils or with 
 any number of members thereof, or by those governors or lieutenant-gov- 
 ernors individually shall, as far as the same are capable of being exercised 
 after the union in relation to the government of Ontario and Quebec, 
 respectively, be vested in and shall or may be exercised by the lieutenant- 
 governor of Ontario and Quebec, respect' vely, with the advice or with the 
 advice and consent of, or in conjunction with the respective executive coun- 
 cils or any members thereof, or by the lieutenant-governor individually, as 
 the case requires, subject nevertheless (except with respect to such as 
 exists under the acts of the parliament of Great Britain or of the parliament 
 of the united kingdom of Great Britain and Ireland) to be abolished or 
 altered by the respective legislatures of Ontario and Quebec. 
 
 66. The provisions of this act referring to the lieutenant-governor in 
 council shall be construed as referring to the lieutenant-governor of 
 the province acting by and with the advice of the executive council 
 thereof. 
 
 Wi}^ ■ 
 
 
 
132 
 
 Federal Government in Canada. 
 
 [688 
 
 The legislatures have a duration of four years — in Quebec, 
 of five — unless sooner dissolved by the lieutenant-governor. 
 They are governed by the constitutional principles that obtain 
 at Ottawa. The lieutenant-governor opens and prorogues the 
 assembly, as in Ontario, Manitoba and British Columbia, or 
 the assembly and the legislative council in the other provinces, 
 with the usual formality of a speech. A speaker is elected 
 by the majority in each assembly, or is appointed by the crown 
 in the upper chamber.* The rules and usages that govern 
 their proceedings are derived from those of England, and do 
 not differ in any material respect from the procedure in the 
 dominion parliament. The rules with respect to private bill 
 legislation are also equally restrictive. The British North 
 America Act applies to the speakership of the assemblies the 
 provisions that it enacts with respect to the speakership of the 
 commons. The legislatures of Ontario and Quebec, like the 
 dominion parliament, must sit once every twelve months ; but 
 apart from the existing usage that supply has to be voted 
 every twelve months, the act demands an annual session. None 
 of the provinces have yet adopted biennial sessions in imita- 
 tion of the very general practice of the state legislatures. Not 
 
 ' B. N. A. Act, 1867 : 
 
 1. — Ontario. 
 
 Sec. 69. There shall be a legislature for Ontario, consisting of the lieu- 
 tenant-governor and of one house styled the legislative assembly of Ontario. 
 
 70. The legislative assembly of Ontario shall be composed of eighty-two 
 members, to be elected to represent the eighty-two electorpL districts set 
 forth in the first schedule to this act. 
 
 2. — Quebec. 
 
 71. There shall be a legislature for Quebec, consisting of the lieutenant- 
 governor and two houses, styled the legislative council of Quebec, and the 
 legislative assembly of Quebec. 
 
 72. The legislative council of Quebec shall be composed of twenty-four 
 members, to be appointed by the lieutenant-governor, in the queen's name, 
 by instrument under the great seal of Quebec, one being appointed to repre- 
 sent each of the|;twenty-four electoral divisions of Lower Canada in this act 
 referred to, and each holding office for the term of his life, unless the legis- 
 lature of Quebec otherwise provides, under the provisions of this act. 
 
689] 
 
 Federal Government in Qmada. 
 
 133 
 
 only does the British practice of voting annual estimates stand 
 in the way of this change, which would require an amendment 
 of the provincial constitutions, but it would be hardly accept- 
 able to an opposition in a legislature, since it would greatly 
 strengthen an administration and lessen their responsibilities 
 to the assembly. In the United States there is no cabinet 
 with seats in the assemblies dependent on the vote of the 
 majority, and biennial sessions have their advantages, but it 
 would be in this country a radical change hardly consistent 
 with the principles of responsible government. 
 
 73. T}, 3 quali^cations of the legislative councillors of Quebec shall be the 
 same as those of the senators for Quebec. 
 
 74. The place of a legislative councillor of Quebec shall become vacant in 
 the cases, mutatis mutandis, in which the place of senator becomes vacant. • 
 
 75. When a vacancy happens in the legislative council of Quebec by 
 resignation, death or otherwise, the lieutenant-governor, in the queen's 
 name, by instrument under the great seal of Quebec, shall appoint a fit 
 and qualified person to fill the vacancy. 
 
 76. If any question arises respecting the qualification of a legislative 
 councillor of Quebec, or a vacancy, in the legislative council of Quebec, the 
 same shall be heard and determined by the legislative council. 
 
 77. The lieutenant-governor may, from time to time, by instrument under 
 the great seal of Quebec, appoint a member of the legislative council of 
 Quebec to be speaker thereof, and may remove him and appoint another 
 in his stead. 
 
 78. Until the legislature of Quebec otherwise provides, the presence of at 
 least ten members of the legislative council, including the speaker, shall be 
 necessary to constitute a meeting for the exercise of its powers. 
 
 79. Questions arising in the legislative council of Quebec, shall be decided 
 by a majority of voices, and the speaker shall, in all cases, have a vote, and 
 when the voices are equal the decision shall be deemed to be in the negative. 
 
 80. The legislative assembly of Quebec shall be composed of sixty-five 
 members to be elected to represent the sixty-five electoral divisions or dis- 
 tricts of Lower Canada, in this act referred to, subject to alteration thereof 
 by the legislature of Quebec ; provided that it shall not be lawful to present 
 to the lieutenant-governor of Quebet: for assent, any bill for altering the 
 limits of any of the electoral divisions or districts mentioned in the second 
 schedule to this act, unless the second and third readings of such bill have 
 been passed in the legislative assembly, with the concurrence of the ma- 
 jority of the members representing all those electoral divisions or districts, 
 and the assent shall not be given to such bill unless an address had been 
 
134 
 
 Federal Government in Canada, 
 
 [590 
 
 The number of members varies from ninety-one in the legis- 
 lature of the most populous province of Ontario to twenty-seven 
 in British Columbia, with the smallest population. Members 
 of the legislative councils, where they exist, have a property 
 qualification, except in Prince Edward Island ; but the mem- 
 bers of the assemblies need only be citizens of Canada and of 
 the age of twenty-one years. They are elected in Ontario on 
 a franchise which is manhood suflFrage, qualified only by resi- 
 dence and citizenship, and the conditions of the suffrage are 
 hardly less liberal in nearly all the provinces, and vary little 
 
 presented by the legislative assembly to the lieutenant-governor stating that 
 it has been so passed. 
 
 3. — Ontakio and Quebec. 
 
 81. The legislatures of Ontario and Quebec respectively shall be called 
 together not later than six months after the union. 
 
 82. The lieutenant-governor of Ontario and of Quebec shall, from time 
 to time, in the Queen's name, by instrument under the great seal of the 
 province, summon and call together the legislative assembly of the province. 
 
 83. Until the legislature of Ontario or Quebec otherwise provides, a per- 
 son accepting or holding in Ontario or in Quebec, any office, commission, or 
 employment, permanent or temporary, at the nomination of the lieutenant- 
 governor, to which an annual salary, or any fee, allowance, emolument or 
 profit of any kind, or amount whatever, from the province is attached, shall 
 not be eligible as a member of the legislative assembly of the respective 
 province, nor shall he sit or vote as such ; but nothing in this section shall 
 make ineligible any person being a member of the executive council of the 
 respective province, or holding any of the following offices, that is to say : 
 the offices of attorney-general, secretary and registrar of the province, 
 treasurer of the province, commissioner of crown lands and commissioner of 
 agriculture, and public works; and, in Quebec, solicitor-general, or shall dis- 
 qualify him to sit or vote in the house for which he is elected, provided he 
 is elected while holding such office. 
 
 84. Until the legislatures of Ontario and Quebec respectively otherwise 
 provide, all laws which at the union are in force in those provinces respect- 
 ively, relative to the following matters or any of them, namely: — the quali- 
 fications and disqualifications of persons to be elected to sit or vote as mem- 
 bers of the assembly of Canada, the qualifications or disqualifications of 
 voters, the oaths to be taken by voters, the returning officers, their powers 
 and duties, the proceedings at elections, the periods during which such 
 elections may be continued, and the trial of controverted elections and the 
 proceedings incident thereto, the vacating of the seats of members, and the 
 
691] 
 
 Federal Oovemment in Canada. 
 
 135 
 
 from each other — ^the province of Quebec imposing in a few 
 particulars the most restrictions and showing a decided indis- 
 position to adopt universal suffrage. Members are paid an 
 indemnity which varies from $800 in Quebec to $172 in 
 Prince Edward Island, with a small mileage rate, in most 
 cases, to pay travelling expenses. The laws providing for the 
 independence of the legislature and fcx- the prevention of 
 bribery and corruption are fully as strict as those which are 
 in force in the case of the dominion elections. In all cases 
 the courts are the tribunals for the trial of controverted 
 
 issuing and execution of new writs in case of seats vacated otherwise than 
 by dissolutioii, shall respectively apply to elections of members to serve in 
 the respective legislative assemblies of Ontario and Quebec : 
 
 Provided, that until the legislature of Ontario otherwise provides at any, 
 election for a member of the legislative assembly of Ontario for the district 
 of Algoma, in addition to persons qualified by the law of the province of 
 Canada to vote, every male British subject aged twenty-one years or up- 
 wards, being a householder, shall have a vote. 
 
 85. Every legislative assembly of Ontario and every legislative assembly 
 of Quebec shall continue for four years from the day of the return of the 
 writs for choosing the same (subject, nevertheless, to either the legislative 
 assembly of Ontario or the legislative assembly of Quebec being sooner 
 dissolved by the lieutenant-governor of the province), and no longer. [Ex- 
 tended as respects Quebec to five years by Quebec Stat. 44-45 Vict., c. 7.] 
 
 86. There shall be a session of the legislature of Ontario and of thai cf 
 Quebec once at least in every year, so that twelve months shall not inter- 
 vene between the last sitting of the legislature in each province in one ses- 
 sion and its first sitting in the next session. 
 
 87. The following provisions of this act respecting the house of commons 
 of Canada, shall extend and a])ply to the legislative assemblies of Ontario 
 and Quebec, that is to say— ^ne provisions relating to the election of a 
 speaker originally and on vacancies, the duties of the speaker, the absence 
 of the speaker, the quorum, and the mode of voting, as if those provisions 
 were here reenacted and made applicable in terms to each such legislative 
 assembly. 
 
 4. — Nova Scotia and New Bbunswick. 
 
 88. The constitution of the legislature of each of the provinces of Nova 
 Scotia and New Brunswick shall, subject to the provisions of this act, con- 
 tinue as it exists at the union until altered under the authority of this act ; 
 and the house of assembly of New Brunswick existing at the passing of this act 
 shall, unless sooner dissolved, continue for the period for which it was elected. 
 
136 
 
 .Federal Oovemment in Canada. 
 
 [592 
 
 w 
 
 n 
 
 elections. It is hardly necessary to say that the demand upon 
 the classes of men disposed to give up their time to the public 
 service is very considerable, when we reflect upon the large 
 representation required for the parliament and legislatures, 
 apart from the various municipal councils in the several 
 provinces. It has been questioned whether it was quite wise 
 at the inception of confederation to limit the services of capable 
 men to one legislative body, in other words, to prevent dual 
 representation. Be this as it may, the legislatures particularly 
 do not appear in any way inclined to have their members under 
 the influences of the dominion parliament, but prefer being 
 entirely independent of all other legislative authorities. It is 
 only in the Quebec legislative council that a meml)er can also 
 sit in the senate, but this privilege is epjoyed only by one or 
 two men and is very different from dual representation in two 
 representative bodies. It is obvious, so far, that while the 
 house of commons naturally attracts the more ambitious men, 
 since it offers them greater prizes and a wider scope for their 
 ambition, yet the assemblies are filled, for the most part, by men 
 of excellent business habits and practical experience, and, in 
 not a few cases, of conspicuous talent. As much space is 
 given in the leading journals to the debates of the legislatures 
 as to those of the parliament at Ottawa, and it must necessarily 
 be so in view of the importance and variety of the questions 
 that come every session under their cognizance. The very 
 system which makes a government responsible to and depend- 
 ent on the legislature for its continuance in power must to a 
 great extent explain why these bodies exercise greater influ- 
 ence than do similar authorities in the American states, even 
 with the right of electing senators to congress. 
 
 The subjects that come under the purview of the legisla- 
 tures, from session to session, are multifarious, so extensive is 
 the scope of their legislative powers. The very section giving 
 them jurisdiction over property and civil rights necessarily 
 entails legislative responsibilities which touch immediately 
 every man, woman and child in the province. 
 
693] 
 
 FedercU Oovemment in Canada. 
 
 137 
 
 If we take up any volume of the statutes of a province, of 
 Ontario for instance, we shall see the truth of the observation 
 I made in the course of the third lecture, that provincial leg- 
 islation in every way more nearly affects our daily life and 
 interests as citizens of a community than even the legislation 
 of the dominion parliament. In the statutes for 1888 we find 
 laws relative to probate and letters of administration, execu- 
 tions, mortgages, sales of chattels, solemnization of marriage, 
 married women's real estate, benevolent, provident and other 
 societies, liquor licenses, frauds, closing of shops and hours 
 of labor, prevention of accidents by fires in hotels and other 
 places and public buildings, protection of game and fur-bear- 
 ing animals, protection and reformation of neglected children, 
 agricultural exhibitions, besides a large number of private and 
 local acts for the incorporation of insurance and other compa-. 
 nies, for the incorporation of towns, for the issue of deben- 
 tures for certain local purposes, and the multiform objects 
 which the constitution places under provincial control. Then 
 every session there is the distribution of the public moneys, 
 which, as in the dominion parliament, are voted in the com- 
 mittee of supply, and included in an appropriation act. As I 
 have shown,* the provincial funds are provided in a great 
 measure from the dominion subsidies, the sale of public lands, 
 timber licenses, and mining royalties, but each province has a 
 potential right of direct taxation, which so far has never been 
 directly exercised by the legislature itself. In the case of a 
 wealthy province like Ontario, with a surplus revenue, the 
 public expenditures are very comprehensive, and illustrate the 
 importance of the interests involved. In 1888 there was 
 required for civil government, $198,745; administration of 
 justice, $366,476; education, $581,412; maintenance of public 
 institutions, $705,664; agriculture, $141,931; hospitals and 
 charities, $113,686; maintenance and repairs of government 
 and departmental buildings, $641,176; public buildings, 
 
 ' See «upra, p. 73. 
 
 10 
 
138 
 
 Federal Government in Canada. 
 
 [594 
 
 r 
 
 $383,062; colonization roads and public works, $167,146, 
 the total amount of expenditure being $3,205,804. From 
 time to time large railway subsidies are granted for the con- 
 struction of railways within the provincial limits, and this has 
 been done lavishly in the province of Quebec. The total 
 amount of subsidies voted by all the provinces up to 1887 for 
 this purpose was $19,137,720.^ 
 
 The control over provincial legislation is the power of veto 
 allowed to the dominion government, and the judgment of the 
 courts in cases submitted to them in due course of law ; mat- 
 ters already considered in the review of the federal system. 
 No authority is given, however, as is the case in some Ameri- 
 can states to submit a question of constitutional jurisdiction 
 to the provincial courts, though, as I have already shown, such 
 a reference can be made to the supreme court of Canada.^ In 
 the few states where such a constitutional provision exists, the 
 judges regard the reference as calling upon them simply to 
 act in an advisory capacity and guard themselves from being 
 bound by their opinion, in case the same question comes up 
 for argument and judgment in due process of law.' The same 
 principle, if I mistake not, has been laid down by the judges 
 of the supreme court of Canada, when they have been called 
 upon to give an opinion on private bill legislation of parlia- 
 ment and other constitutional points of controversy. The 
 practice has decided advantages if it can be carried out, and 
 
 ^ Canadian Handbook, by George Johnson, p. 92. 
 
 'See «upra, p. 66. 
 
 ' In Maine, New Hampshire, Massachusetts, Florida, and Rhode Island 
 (Cooley, Constitutional Limitations, pp. 51, 52) " the legislative department 
 has been empowered by the constitution to call upon the courts for their 
 opinion upon the constitutional validity of a proposed law, in order that, if 
 it be adjudged without warrant, the legislature may abstain from enacting 
 it." This eminent authority doubts if such decisions can be entirely satis- 
 factory, since they are made without the benefit of argument at the bar. 
 They must, however, more or less operate as a check upon careless legisla- 
 tion and are entitled to every consideration as coming from reflective judicial 
 minds. 
 
wma 
 
 696] 
 
 Fe'c<al Government in Canada. 
 
 139 
 
 it would be well to consider whether it cannot be adopted in 
 the case of the provincial courts. Many cases, however, con- 
 stantly arise in the course of law, with respect to the compe- 
 tency of the legislature to enact certain statutes ; and every 
 year sees the British North America Act made clearer, and 
 supplemented by a number of valuable decisions which prac- 
 tically enter into our constitutional system and make it more 
 intelligible and workable. 
 
 It is not necessary to dwell at greater length on the power 
 of disallowance than I have already done in the third lecture, 
 but there is one question of some interest which requires a few 
 words of explanation, or rather of comment, since it is not 
 quite intelligible on sound constitutional principles. The 
 British North America Act gives the lieutenant-governor, as 
 well as the governor-general, the power to "reserve" and also' 
 to " veto " a bill when it comes before him.* The power of 
 reserving bills is exercised by the governor-general in very 
 exceptional cases affecting imperial interests, but there is no 
 instance in our parliamentary history since the concession of 
 responsible government of the exercise of the veto — a royal 
 prerogative, in fact, not exercised even in England since the 
 days of Queen Anne. Lieutenant-governors not infrequently 
 reserve bills, in all the provinces, for the consideration of the 
 governor-general in council ; and this is constitutionally justi- 
 fiable; but the same functionaries in the maritime sections 
 have occasionally vetoed bills of their respective legisla- 
 tures. Their legal right is unquestionable, but it is a right 
 clearly quite inconsistent with the general principles of British 
 constitutional government which should govern us in all 
 cases. 
 
 In the United States, where the power of veto is given to 
 the president, and to all the governors of the states, with only 
 four exceptions, the cabinet or executive officers have no 
 responsibility whatever in matters of legislation, and the power 
 
 I 
 
 ^Secs. 55, 66, 90. 
 
140 
 
 Federal Oovemment in Oanada, 
 
 [596 
 
 generally operates as a useful check on the legislatures, which 
 otherwise would be left practically without any control on 
 their proceedings. In the Canadian provinces, however, the 
 case is very different, for the ministry in each is responsible to 
 the house and to the lieutenant-governor for legislation. If 
 any bill should pass the houses despite their opposition as an 
 administration, it is clear that they have more or less, accord- 
 ing to the nature of the measure, forfeited the confidence of 
 the people's representatives, and it would be a virtual evasion 
 of their ministerial responsibility, for them at the last moment 
 to advise the lieutenant-governor to intervene in their behalf 
 and exercise his prerogative. He might well question their 
 right to advise him at all, since they had shown they had not 
 the support of the legislature of which they were a committee. 
 In Ontario and Quebec no ministry has ever occupied so 
 anomalous a position, and the only explanation that can be 
 offered for the existence of the veto in the other provinces is 
 that by carele&sness or ignorance, governments have per- 
 mitted legislation, which the lieutenant-governor has found to 
 be beyond the competency of the legislature, or otherwise very 
 objectionable, and that he has been forced to call the attention 
 of his cabinet to the fact and ask their advice. An executive 
 council has, under these circumstances (for I am speaking from 
 authoritative information on this interesting point) felt itself 
 bound to accept the situation and advise the disallowance of 
 the bill. Under the peculiar circumstances that probably 
 existed, the veto may at times have proved advantageous to the 
 public interests ; but looking at the nature of our government, 
 it would be probably wiser to be content with the check which 
 the constitutional act already imposes on improper legislation 
 in a provincial legislature ; that is, the general power of veto 
 by the dominion government. It may be added that this is 
 one of the cases in which a superior court in a province might 
 well be authorized to express an opinion^ as in certain American 
 states, on the constitutionality of a measure before it passes 
 
597] 
 
 Federal Government in Canada. 
 
 141 
 
 finally. The lieutenant-governor would then be placed in a 
 les8 invidious position.^ 
 
 The judiciary, like its English prototype, evokes respect in 
 every province of Canada, for the legal attainments and high 
 character of its menil)ers. Entirely independent of popular 
 caprice, and removable only for cause on the address of the 
 two houses of parliament, it occupies a very advantageous 
 position, compared with the same body in many of the United 
 States. While the administration of justice, including the 
 constitution, maintenance and organization of provincial courts, 
 both of civil and criminal jurisdiction, is one of the matters 
 within the purview of the le/^islatures, the government of the 
 dominion alone appoints and provides the salaries of the judges 
 of the superior, district and county courts, except those of the 
 probate court in Nova Scotia and New Brunswick.'' It has 
 
 'See Bourinot's Parliamentary Practice of Canada (pp. 578, 581) where 
 thia question is more fully discussed. 
 
 ' B. N. A. Act, 1867, sec. 96. The governor-general shall appoint the 
 judges of the superior, district and county courts in each province, except 
 those of the courts of probate in Nova Scotia and New Brunswick. 
 
 97. Until the laws relative to property and civil rights in Ontario, Nova 
 Scotia and New Brunswick and the procedure of the courts in those pro- 
 vinces are made uniform, the judges of the courts of those provinces ap- 
 pointed by the governor-general shall be selected from the respective bars 
 of those provinces. 
 
 98. The judges of the courts of Quebec shall be selected from the bar of 
 that province. 
 
 99. The judges of the superior courts shall hold officeduring good behavior, 
 but shall be removable by the governor-general on address of the senate 
 and house of commons. 
 
 100. The salaries, allowances and pensions of the judges of the superior, 
 district and county courts (except the courts of probate in Nova Scotia and 
 New Brunswick) and of the admiralty courts in cases where the judges 
 thereof are for the time being paid by salary, shall be fixed and provided 
 by the parliament of Canada. 
 
 129. Except as otherwise provided bv this act, all laws in force in Canada, 
 Nova Scotia or New Brunswick at the union, and all the courts of civil and 
 criminal jurisdiction, and all legal commissions, powers and authorities, and 
 all officers, judicial, administrative, and ministerial, existing therein at the 
 union, shall continue in Ontario, Quebec, Nova Scotia and New Brunswick, 
 
 i 
 
 
 m 
 
142 
 
 Federal Oovemmmt in Oatuida. 
 
 [698 
 
 been also decided that the dominion parliament is at liberty 
 to create new courts, when public necessity may require it, for 
 the better administration of the laws of Canada, or to assign 
 to the jurisdiction of existing courts any further matters 
 appropriate to their sphere of duty. For when legislating 
 within its proper bounds, that parliament is clearly competent 
 to require existing courts in the respective provinces, and the 
 judges of the same, who a^ appointed and paid by the do- 
 minion, and removable only by address from the same par- 
 liament, to enforce their legislation. Such an "exercise of 
 authority constitutes no invasion of the rights of the local 
 legislatures." ^ 
 
 In all the provinces there is a supreme court, or court of 
 appeal ; and superior courts, known under the legal designa- 
 tions of high courts of justice, court of queen's bench, or 
 superior court. Besides these tribunals of complete civil and 
 criminal jurisdiction, there are various other courts with infe- 
 rior or special functions, known as county, district, surrogate 
 or probate, maritime'' and magistrates' courts, all of whose 
 
 respectively, as if the union had not been made; subject nevertheless 
 (except with respect to such as are enacted by or exist under acts of the 
 parliament of Great Britain or of the parliament of the united kingdom of 
 Great Britain and Ireland) to be repealed and abolished, or altered by the 
 parliament of Canada, or by the legislature of the respective province, 
 according to the authority of the parliament or of that legislature under 
 this act. 
 
 ^ This judgment was given in the case of Valin v. Langlois, in which the 
 validity of the dominion act imposing upon the judges the trial of domin- 
 ion controverted elections was questioned. See Can. Sup. Court Bep., Vol. 
 Ill, p. 70. Also 5 App. Cas., 115. 
 
 * The maritime court of Ontario is a dominion court, established by act 
 of parliament, on account of the growing importance of the maritime busi- 
 ness on the lakes. See Can. Bev. Stat., c. 137 ; Canada Law Times, Vol. 
 Ill, pp. 1-13. 
 
 Maritime jurisdiction over the high seas is a branch of international law 
 which is administered throughout the British col es by the imperial vice- 
 admiralty oourta established therein. See Todd's Pari. Govt, in the Colo- 
 nies, p. 188. 
 
599] 
 
 Federal Ghvtmmfri in Canada, 
 
 143 
 
 duties are defined by statute. So far as our ciroumstanoes 
 have permitted, the changes in the organization and proce- 
 dure of the English courts have been followed in the English- 
 speaking provinces ; and this is especially true of Ontario, 
 where the judicature act is modelled upon that of England, 
 and provides for a supreme court of judicature, consisting of 
 two permanent divisions, called the high court of justice for 
 Ontario, and the court of appeal for Ontario. The first divi- 
 sion is again divided into three parts, queen's bench, chancery 
 and common pleas. In Ontario, as in the other English pro- 
 vinces, the recent practice of England has been followed, and 
 though the title of chancellor, or judge in equity, still exists in 
 some courts, there is a fusion of law and equity ; in the high court 
 of justice in Ontario and in the supreme court in Nova Scotia, 
 for instance. The law provides every legitimate facility for ap- 
 peals from every inferior court in a province, and causes may be 
 taken immediately to the privy council of England ; or, as gen- 
 erally happens, to the supreme court of Canada at Ottawa, previ- 
 ously to going before the court of the last resort for the empire 
 at large.^ In the organization and procedure of the courts from 
 the earliest times since Canada became a possession of Eng- 
 land, we can see how closely Canadians imitate her institutions 
 in all respects. The names of the courts are for the most part 
 identical. The justices of the peace who are still appointed 
 by the crown, as represented by the lieutenant-governor in the 
 provinces, date from the days of Edward III. As in Eng- 
 land, there is no limit to the number that may be appointed in 
 a district, and consequently in some of the provinces the priv- 
 ilege has been often abused by different governments, in order 
 to satisfy the petty ambition of their friends and supporters. 
 The courts of quarter or special sessions, which were held by 
 the magistrates for the trial of certain causes, but especially 
 for the imposition and expenditure of local taxes in counties, 
 long existed in all the provinces ; but with the establishment 
 
 * See aupm, p. 66. 
 
 1 
 
 i 
 
 1 
 
 V 
 
 i 
 
 1 
 
 V 
 
 FM 
 
 '1 
 
 Ih 
 
 ■; 
 
 
 
 '' il 
 
 
 *'-l 
 
 '1 
 
 m 
 
 
 1 
 
 i 
 
144 
 
 Federal GovemmerU in Canada. 
 
 [600 
 
 of municipal institutions and the organization of county and 
 other courta, they have practically disappeared from the legal 
 Btruoture, although relics of their powers still exist in the 
 province of Quebec, where the recorders of Quebec and Mon- 
 treal are judges of sessions, and in the general sessions of the 
 peace in Ontario. 
 
 The criminal law of England has prevailed in all the pro- 
 vinces since it was formally introduced by the proclamation of 
 1764, and the Quebec act of 1774. The French Canadians 
 never objected to this system of law, since in many respects it 
 was more humane and equitable than their own code. The 
 civil law, however, has continued to be the legal system in 
 French Canada since the conquest, and has obtained a hold 
 now in that section, which ensures its permanency as an insti- 
 tution closely allied with the dearest rights of f.\e people. Its 
 principles and maxims have been carefully collected and en- 
 acted in a code which is based on the famous code of Napo- 
 leon. The rules of procedure relating to the civil law have 
 also been formulated in a distinct code. The civil law of 
 French Canada had its origin like all similar systems, in the 
 Roman law, on which were engrafted, in the course of cen- 
 turies, those customs and usages which were adapted to the 
 sooial condition of France. The various civil divisions of 
 France had their special usages, which governed each, but 
 all of them rested on the original basis of the Roman law, as 
 compiled and codified under Justinian. The customary law 
 of Paris became the fundamental law of Canada, and despite 
 the changes that it has necessarily undergone in the course of 
 time, its principles can still be traced throughout the present 
 system as it has been codified of late years. The French civil 
 law has been materially modified since 1 763, by contact with 
 the English laws and customs, and by the necessities and cir- 
 cumstances of a new country ; but still, despite all the amend- 
 ments and modifications it has undergone in order to make it 
 more in consonance with the conditions of modern life and 
 the needs of commerce and enterprise, it displays in their 
 
601] 
 
 Federal Oovemment in Canada. 
 
 146 
 
 integrity all those important principles which have the sanc- 
 tion of ages in all those countries where a similar system pre- 
 vails, and which touch the civil rights of individuals, the 
 transfer of projierty, marriage and inheritance, and other mat- 
 ters of vital interest to all persons in a community. 
 
 In the other provinces the common law of England forms 
 the basis of their jurisprudence. Its general principles were 
 brought into this country, as into the United States, by the 
 early colonists as their natural heritage; but they never 
 adopted those parts of the law which were not suited to the 
 new condition of things in America. It is a system replete 
 with the principles of individual liberty and self-government 
 and giving large 8coj>e to enterprise and energy in coloniza- 
 tion. In addition to the Iwily of the common law, Canada has 
 also availed itself of those statutes which have been framed in 
 England from time to time, in consonance with the condition 
 of things to which the old maxims of the law could not apply. 
 The establishment of legislatures in the provinces, we have 
 seen, was only a little later than the entrance of the large 
 British population, and it was therefore in their power to 
 adapt English statutes to the circumstances of this country at 
 the very ccniiiiencement of our history, or to pass such enact- 
 ments as were better suited to the circumstances of the coun- 
 try. Thus it happens that gradually a large body of Cana- 
 dian statutory law has been built upon the common law base 
 of the legal structure, and with a view of making the law 
 more intelligible, it has consequently been wisely ordered, at 
 different times since 1854, that all these statutes should be 
 revised and consolidated by commissions composed of learned 
 lawyers and judges. The people of the dominion and of all 
 the provinces have now easy access to the statutory law that 
 governs them within the respective constitutional limits of the 
 parliament and the legislatures. It is also found convenient 
 in the intervals between the consolidations of the statutory 
 law to collect together, from time to time, all the enactments 
 on a particular subject and incorporate them, with such amend- 
 
 i\ 
 
 i;;i .' 
 
 
 1 f 
 
 
 'il: 
 
146 
 
 Federal Government in Canada. 
 
 [602 
 
 ments as are found necessary, in one statute. This has been 
 found especially useful in the case of laws affecting railways, 
 insurance companies, the territorial government, and other 
 matters of large public import. The other advantage of this 
 practice lies in the fact that it lessens the labor of a greater 
 consolidation at a later period. The criminal law has been 
 consolidated in this way and forms a distinct code. 
 
 While it is only in Quebec that there is a system of muni- 
 cipal or civil law distinct from the common law, there are at 
 the same time in all the other provinces certain differences in 
 the statutory law, affecting civil rights and property, that have 
 grown up from the commencement of their history as separate 
 political entities, until the present time. But as the principles 
 that lie at the basis of their private law are derived from the 
 same source of law and are in the main identical, the authors 
 of the constitution have granted a gen orsl authority to the 
 parliament of the dominion to give uniformity, at any time, to 
 the laws relative to property and civil rights in Ontario, Nova 
 Scotia and New Brunswick ; but in case of parliament making 
 such provision, it shall not have any effect until it is formally 
 ratified by the l^islatures.* No effort has been made so far in 
 this direction, and it is now hardly probable that the provinces 
 would be willing to sanction such a radical change, since it 
 would give parliament thenceforth unrestricted powers over 
 property and civil rights. The provinces having had the 
 enjoyment of their jurisdiction for so many years and seen how 
 
 ^B. N. A. Act, 1867, sec. 94. Notwithstanding anything in this act, the 
 parliament of Canada may make provision for the uniformity of all or any 
 of the laws relative to property and civil rights in Ontario, Nova Scotia 
 and New Brunswick, and of the procedure of all or any of the courts in 
 those three provinces, and from and after the passing of any act in that 
 behalf, the power of the parliament of Canada to make laws in relation to 
 any matter comprised in any such act shall, notwithstanding anything in 
 this act, be unrestricted, but any act of the parliament of Canada making 
 provision for such uniformity shall not have effect in any province unless 
 and until it is adopted and enacted as law by the legislature thereof. 
 
603] 
 
 Federal Government in Oanada. 
 
 147 
 
 closely it is identified with provincial rights, and interests, 
 would hardly now consent to place themselves in a position of 
 entire subordination, in this important respect, to the dominion 
 government. 
 
 The position of the judiciary of Canada may be compared 
 with that of the federal judiciary of the United States, since the 
 latter has a permanency and a reputation not enjoyed by the 
 courts of all the states. The president appoints, with the 
 approval of the senate, not only the judges of the supreme 
 court at Washington, but the judges of the circuit and district 
 courts. In the majority of the states, however, the judges are 
 elected by the people, and in only four cases is there a life 
 tenure. The average terra of a judge's official life in that 
 country is from eight to ten years ; but there have been no 
 instances of removal during that term, while they have faith- 
 fully discharged their functions. As in Canada, judges may 
 be removed, in thirty states, upon an address of two-thirds of 
 each branch of the legislature. Their salaries are not large : 
 the judges of the supreme court of the United States receive 
 $10,000 each and the chief justice $500 in addition ; of the 
 circuit courts, $6,000 ; of the district courts, from $3,600 to 
 $4,000; of the supreme courts in the states, from $1,500 to 
 $2,000 ; the average being from $4,000 to $5,000.^ All writers 
 who have studied the relative positions of the American judi- 
 ciary agree that the influence of the elective system, of short 
 tenure, and of small salaries has not been always favorable to 
 the standard of the bench in the several states. The small 
 salaries especially deter lawyers of conspicuous ability and large 
 practice from accepting such positions. The supreme and 
 circuit courts of the Unit ed States, hovvever, occupy a vantage 
 ground from their permanency and the nature of l;heir functions, 
 which embrace a wider sphere of study and interest. On the 
 whole, however, with all the disadvantages under which the 
 state judiciary labors, it is generally admitted that the dignity 
 
 
 I'li 
 
 ):t' 
 
 ■>; 
 
 
 11 
 
 I • 
 
 
 
 ' See Spofford'B American Almanac, 1889. 
 
148 
 
 Federal Oovemment in Canada. 
 
 [604 
 
 of the office, and the general respect for the law — an inheritance 
 from their British ancestors — tend to act as a counterpoise 
 to the influences of which I have already been speaking. 
 In Canada the salaries are even less than in the United 
 States, and there are also inequalities between the prov- 
 inces, which ought to be removed, and salaries generally 
 increased. The judges of the supreme court of Canada receive 
 $7,000 each, and the chief justice ^8,000; the chief justices in 
 Ontario and Quebec $6,000, and the judges of the superior court 
 from $6,000 to $3,500 ; the chief justices in the other pro- 
 vinces $5,000, and the judges $4,000, except in Prince Edward 
 Island where the amounts are $4,000 and $3,200. The county 
 and district judges only receive from $2,000 to $2,400 — too 
 small a sum for a hard worked class — but in the case of these 
 and other judges there are sufficient sums allowed for travelling 
 expenses. On their retirement they are entitled to a consider- 
 able annuity fixed by law. Although the salaries are small 
 compared with what a leading lawyer can make at the bar, yet 
 the freedom of the office from popular caprice, its tenure prac- 
 tically for life, its high position in the public estimation, all tend 
 to bring to its ranks men of learning and character. Since 
 those deplorable times in Canadian history when there was a 
 departure from the wise principle of having the executive and 
 legislative department in separate hands, the bench has evoked 
 respect and confidence ; and there have been no cases of the 
 removal of a judge on the address of the two houses. It says 
 much for the different governments of Canada, and especially 
 for the present premier^ who, more than any other Canadian 
 statesman, has had the responsibility of such important appoint- 
 ments through his long tenure of office, that they have never 
 been led for political reasons to lower the standard of the 
 bench by the elevation of improper persons. Such positions 
 are not necessarily given as a reward for political services ; for 
 in numerous instances the ablest men have been chosen from 
 
 » The Right Honorable Sir John A. Macdonald, P. C, G. C. B. 
 
605] 
 
 Federal Government in Canada. 
 
 149 
 
 the bar without reference to their political status. The legis- 
 lative arena, however, necessarily attracts not a few of the finest 
 intellects of the bar in all the provinces, and the very experi- 
 ence they there gain of legislation is undoubtedly favorable to 
 their usefulness, phould they, as often happens, accept the dig- 
 nified and relatively comfortable (that is compared with active 
 political life) position of a seat on the bencii in whose merito- 
 rious history all of us take ^ very proper pride. 
 
 I must now direct your attention briefly to the important 
 place occupied by local self-government in the provincial 
 structure. In the days of the French regime, as I have 
 already shown you, a system of centralization was established 
 by Louis Quatorze, who so pitilessly during his reign enforced 
 "that dependence which," as Saint Simon tells us, "reduced 
 all to subjection," everything like local freedom was stifledj 
 and the most insignificant matters of local concern were kept 
 under the direct control of the council and especially of the 
 intendant at Quebec. Until 1841 the legislature of Quebec 
 was practically a municipal council for the whole province, 
 and the objection of the hahUants to any measure of local tax- 
 ation prevented the adoption of a workable municipal system 
 until after the union of 1841. In Upper Canada, however, 
 the legislature was gradually relieved of many works and mat- 
 ters of local interest by the adoption of measures of local gov- 
 ernment which infused a spirit of energy and enterprise in the 
 various counties, towns and cities. The union of 1841 led to 
 the introduction of municipal institutions in both the pro- 
 vinces, in conformity with the political and material devehjp- 
 ment of the country. By 1867 there was an exceedingly lib- 
 eral system in operation in Upper and Lower Canada, but the 
 same thing cannot be said of the maritime provinces. It has 
 been only within a few years that tIXe legislatures of Nova 
 Scotia and New Brunswick have organized an effective muni- 
 cipal system, on the basis of that so successfully adopted for a 
 long time in the larger provinces. In Prince Edward Island, 
 however, matters remain pretty much as they were half a cen- 
 
 il 
 
 
 ■•^il 
 
 fi 
 
 I .ii\ 
 
150 
 
 Federal Government in Canada. 
 
 [606 
 
 tury ago, and the legislature is practically a municipal council 
 for the whole island. At the present time all the provinces, 
 with this one exception, have an excellent municipal code, 
 which enables every defined district, large or small, to carry 
 on efficiently all those public- improvements essential to the 
 comfort, convenience, and general necessities of the different 
 communities that make up the province at large. Even in the 
 territories of the North-west, ever^ proper facility is given to 
 the people in every populous district, or town, to organize a 
 system equal to all their local requirements.^ 
 
 The municipal institutions of Canada are the creation of 
 the respective legislatures of Canada, and may be amended or 
 even abolished under the powers granted to that body by the 
 ninety-second section of the fundamental law. The various 
 statutes in force establish councils composed of wardens, reeves, 
 mayors, and councillors or aldermen, in every county, town- 
 ship or parish, town and city in the provinces. These coun- 
 cils are representative in their nature, in accordance with the 
 principle that rests at the basis of our general system of local 
 government. The wardens and reeves are elected as a rule 
 by the council, and the mayors directly by the rate payers in 
 cities. The powers and authorities of the various municipali- 
 ties are regulated by general statutes, but there are also special 
 acts of incorporation in the case of many cities and towns. 
 These various municipal organizations have the power of im- 
 posing direct taxes for municipal purposes, including public 
 schools, and all other objects that fall within the legitimate scope 
 of their local requirements. Taxation is limited to a certain 
 rate on the dollar, and is imposed on real property, as well as 
 on bonds, stocks, and other personal property, and on incomes 
 in the province of Ontario. All the municipalities have large 
 borrowing powers, and the right to issue debentures to meet 
 debts and liabilities incurred for necessary improvements, or 
 
 * See Bourinot's Local Government in Canada, in Johns Hopkins Uni- 
 versity Studies. 
 
607] 
 
 Federal Government in Canada. 
 
 151 
 
 to assist railways of local advantage. This power of assisting 
 railways by subsidies has been largely used, though chiefly in 
 Ontario ; by the end of 1884 the municipalities had already 
 paid $12,472,000 to secure railway communication. The 
 councils, however, cannot directly grant this aid, but must 
 pass by-laws setting forth the conditions of the grant and the 
 means of meeting the prospective liabilities, and submit them 
 to the vote of the rate-payers, of whom a majority must ap- 
 prove the proposition. The reference to the people at the 
 polls of such by-laws is one of the few examples which our 
 system of e:overnment oflers of a resemblance to the referendum 
 of laws passed by the Swiss federal legislature to the people 
 for acceptance or rejection at the polls. It is a practice pecu- 
 liar to municipal bodies, though the same principle is illus- 
 trated in the case of the Canada Temperance Act, which was' 
 passed by the dominion parliament, and can only come into 
 operation with the consent or at the option of the community 
 to which it is referred, in accordance with the provisions 
 laid down in the statute. Even after it has been adopted it 
 may also be repealed by submitting another by-law to the 
 people immediately interested, as in fact we have seen done in 
 so many cases during the last few months, on account of the 
 unpopularity or the unsatisfactory operation of the law. It 
 is an interesting question how far it is competent for a legis- 
 lative body entrusted with the power of making laws to refer 
 the adoption or rejection of a general law like that of the 
 Temperance Act to the people of the whole province or of a 
 particular district. A very high American authority has well 
 said that ''it is not always essential that a legislative act 
 should be a competent statute which must in any event take 
 effect as law at the time it leaves the hand of the legislative 
 department. A statute may he oondUional, and its taking effect 
 may be made to depend upon some subsequent event." The 
 highest courts liave declared this local option law of Canada 
 as within the competency of parliament under the powers 
 granted it by the constitution, but in any case it does not 
 appear to be any surrender of the law-making power to 
 
 i 4 
 
 I ,.,.i 
 
162 
 
 Federal Government in Canada. 
 
 [608 
 
 submit simply the question of its acceptance to the voters of the 
 locality especially interested in such questions. To cite again 
 the eminent author just quoted : "Affirmative legislation may in 
 some cases be adopted, of which the parties interested are at 
 liberty to avail themselves or not, at their option. A private 
 act of incorporation cannot be forced upon the corporation ; 
 they may refuse the franchise if they so choose. In these cases 
 the legislative, act is regarded as complete when it has passed 
 through the constitutional formalities necessary to perfect leg- 
 islation, notwithstanding its actually going in operation as law 
 may depend upon its subsequent acceptance." 
 
 The necessity of submitting by-laws to the people in a mu- 
 nicipality, however, rests on the constitutional authority of 
 the legislature which, in the general law passed for the regu- 
 lation of municipalities, has thought proper to provide such 
 means of reference to the rate-payers of a locality. On gen- 
 eral principles, indeed, the powers of legislation bestowed in 
 this way on municipal corporations cannot be considered " as 
 trenching upon the maxim that legislative power must not be 
 delegated, since that maxim is to be understood in the light of 
 the immemorial practice of this country and England, which 
 has always recognized the propriety and policy of vesting in 
 the municipal organizations certain powers of local regulation, 
 in respect to which the parties immediately interested may 
 fairly be supposed more competent to judge of their needs 
 than any central authority. As municipal organizations are 
 mere auxiliaries of the state or provincial government in the 
 important business of municipal rule, the legislature may 
 create them at will from its own views of propriety or necessity 
 and without consulting the parties interested ; and it also pos- 
 sesses the like power to abolish them, without stopping to inquire 
 what may be the desire of the corporation on that subject.' 
 
 »i 
 
 ^AU these citations are from Cooler's Constitutional Limitations (pp. 
 139-148) where the whole subject is fully discussed. His remarks apply 
 
 to Canada as well as to the United States. 
 
609] 
 
 Federal Government in Canada. 
 
 153 
 
 Of the right of the provincial legislatures to delegate 
 powers specially given them by the constitution to any body 
 or authority also created by themselves, we have a decision 
 of the privy council in the case of the liquor license act of 
 Ontario (the most important yet given by that tribunal on the 
 constitutional jurisdiction of the provinces), which authorized 
 certain license commissioners to pass resolutions regulating 
 and determining within a municipality the sale of liquors.^ 
 The maxim delegatus non potest delegare was distinctly relied 
 upon by the opponents of the measure, but the judicial com- 
 mittee emphatically laid down that such an objection is 
 founded on an entire misconception of the true character and 
 position of the provincial legislatures. Within the limits of 
 its constitutional powers "the local legislature is supreme and 
 has the same authority as the imperial parliament, or the par- 
 liament of the dominion, would have had under like circum- 
 stances to confide to a municipal institution or body of its own 
 creation authority to make by-laws or resolutions as to the 
 subjects specified in the enactment, and with the object of 
 carrying the enactment into operation and effect." Such an 
 authority is, in their opinion, "ancillary to legislation, and with- 
 out it an attempt to provide for varying details and machinery 
 to carry them out might become oppressive or absolutely fail." 
 A legislature in committing important regulations to agents 
 or delegates, it is decisively stated, does not by any means 
 efface itself ; for " it retains its powers intact and can, when- 
 ever it pleases, destroy the agency it has created and set up 
 another, or take the matter directly into its own hands." And 
 how far it " shall seek the aid of subordinate agencies, and 
 how long it shall continue them, are matters for each legisla- 
 ture, and not for courts of law, to decide." ^ 
 
 * See supra, p. 54. 
 
 ' See 9 App. Cas., 117 ; or Legal News, Vol. VII, p. 23. The learned judg- 
 ment of the Ontario court of appeal in this famous case contains abundance 
 11 
 
 
 m il 
 
 1 \ 
 
 ilji 
 
 EHH '* 
 
 111 -i^ 
 
 rj f 
 
 ■'• 1 
 
 f \ 
 
 
 
 I 
 
164 
 
 Fedei'ol Oovemment in Canada, 
 
 [610 
 
 The power of passing by-laws and imposing taxation accord- 
 ingly gives to the various municipal councils of the provinces 
 a decided legislative character. The subjects embraced within 
 tlieir jurisdiction are set forth with more or less distinctness 
 in the municipal acts of the provinces, especially of Ontario. 
 The council of every township, city, town or incorporated vil- 
 lage may pass by-laws for the construction and maintenance 
 of waterworks, the amounts required to be collected under 
 local improvement by-laws, licensing and regulating transient 
 traders, the purchase of real property for the erection of public 
 school houses thereon, cemeteries, their improvement and pro- 
 tection, cruelty to animals, fences, exhibitions and places of 
 amusement, planting and preservation of trees, gas and water 
 companies, public morals, giving intoxicating liquor to minors, 
 nuisances, sewerage and drainage, inspection of meat and milk, 
 contagious diseases, fevers, prevention of accidents by fire, 
 aiding schools, endowing fellowships, markets, police, indus- 
 trial farms, charities and numerous other subjects immediately 
 connected with the security and comfort of the people in every 
 community.^ The most important duty of every municipality, 
 especially in the cities, is the imposition and collection of 
 taxes. The burden of taxation is on real property, and the 
 difficulty is felt in the same measure in Canada as in the 
 United States of obtaining accurate returns for taxation pur- 
 poses, of all intangible property in the shape of bonds, mort- 
 gages, and other securities held by individuals. The same 
 may be said of returns of incomes, except in the case of 
 public officials and clerks, of whose salaries it is easy to 
 obtain information.' The statistics of this kind of property, 
 
 of precedents for legislation entrusting a limited discretionary authority to 
 others, and gives many illustrations of its necessity and convenience. 
 
 ' See Bev. Stat, of Ontario, 1887, chap. 184, for examples of the large 
 powers entrusted to municipalities in probably the best constructed muni- 
 cipal system in the world. 
 
 'The oflScial incomes of the o£Bcers of the dominion government cannot 
 be taxed by the provinces or the municipalities thereof. Leprohon v. City 
 of Ottawa, 2 App. Bep. Ont., p. 622. 
 
611] 
 
 Federal Oovei'nment in Canada. 
 
 155 
 
 as given in assessment rolls, are very unreliable. For 
 instance, we find that while the assessed value of real prop- 
 erty in Ontario increased from ^325,484,116 in 1873 to 
 $583,231,133 in 1883, the assessed value of the personal 
 property only increased during the same period of prosperity 
 from $49,010,772 to $56,471,661 ; and it must be remembered 
 that the assessors, especially in rural districts, generally place 
 the value of real property at a low rate. The exemptions 
 from taxation comprise all government and public property, 
 places of worship and lands connected therewith, and a 
 great number of buildings occupied by scientific, educational, 
 and charitable institutions. In the province of Quebec, where 
 the Church of Rome has accumulated a vast amount of valu- 
 able property, especially in and near Quebec and on the island 
 of Montreal, the value of exemptions is estimated at many 
 millions of dollars. In Ontario an agitation has commenced 
 against the continuance of a law which restricts the assessment 
 in certain localities to relatively narrow limits, but the religious 
 and other interests that would be eflFected are likely to prevent 
 any change for a long time to come. In Quebec it is quite 
 impracticable. 
 
 The municipal system on the whole is creditable to the 
 people of Canada. It has its weaknesses, owing in some 
 measure to the disinclination of leading citizens, especially in 
 the cities and large towns, to give much of their time to mu- 
 nicipal duties, although every person is so deeply interested in 
 their efficient and honest performance. Jobbery and corrup- 
 tion are, however, not conspicuous characteristics of municipal 
 organizations in the provinces; and we have no examples 
 happily in our history at all inviting comparison with the 
 utter baseness of the Tweed ring in New York. In the rural 
 municipalities of Ontario there is a greater readiness than in 
 the large cities to serve in the municipal councils, and as I 
 have already shown, those bodies have given not a few able 
 and practical men to parliament. On an effective system of 
 local self-government rests in a very considerable degree the , 
 
 ,, 
 
 ! .1 
 3 I 
 
15C 
 
 Federal Government in Canada. 
 
 [612 
 
 satisfactory working of our whole provincial organization. It 
 brings men into active connection with the practical side of 
 the life of a community and educates thera ibr a larger though 
 not more useful sphere of public life/ 
 
 The Territories of Canada, to whose organization I must 
 now refer, comprise a vast region stretching from the province 
 of Manitoba to the Rocky Mountains, an<l from the frontier 
 of the United States to the waters of the North. It embraces 
 more than two-thirds of the dominion, probably 2,600,000 
 square miles, and is watered by the Red, Saskatchewan, Assi- 
 .niboine. Peace, Mackenzie and other rivers of large size and 
 navigable for the most part by steamers of low draft. This 
 region came into the possession of Canada by a purchase of 
 the rights of the Hudson's Bay Company,^ who had so long 
 enjoyed a monopoly of the fur trade, and used their best eiforts 
 to keep it a terra incognita. The government of the dominion 
 now holds complete jurisdiction over the territory, out of 
 whose fertile lands must, sooner or later, be developed ten or 
 twelve provinces as rich and prosperous as any of the great 
 north-western states. The provisional district of Keewatin 
 was formed some years ago out of the eastern portion until 
 the settlement of the boundary dispute between Ontario and 
 the Dominion ; but since that question was settled it has only 
 a nominal existence, though it still remains under the super- 
 vision of the lieutenant-governor of the province of Manitoba. 
 In 1882 a large portion of the north-west region was divided 
 
 * " I have dwelt/' sajs John Stuart Mill, in Representative GoTernment, 
 ch. XV, " in strong language on the importance of that portion of the ope- 
 ration of free institutions which may be called the public education of the 
 citizens. Now of this education the local administrative institutions are 
 the chief instruments." 
 
 ' B. N. A. Act, 1867, sec. 146, provides for admission of Territories. See 
 also Imp. Stat., 31 and 32 Vict., c. 105, (Can. Stat, for 1869) ; Can. Com- 
 mons Jour., 1869, pp. 149, 156 ; Can. Stat., 32 and 33 Vict., c. 3 ; Imp. Stat., 
 34 and 35 Vict., c. 28. 
 
613] 
 
 Federal Ooveiinment in Canada. 
 
 157 
 
 into four districts for postal and other purposes.^ Assiniboia, 
 now the most populous district, contains about 95,000 
 square miles; Saskatchewan, 114,000; Alberta, 100,000; 
 and Athabasca, 122,000. Beyond these districts lies an im- 
 mense and relatively unknown region, watered by the Peace, 
 Slave and Mackenzie rivers, and believed to be capable of 
 raising cereals and supporting a large population. The total 
 number of settlers, who have mostly come into the country 
 within six years, does not exceed fqrty thousand souls, 
 scattered over a wide region ; but villages and towns are 
 springing up with great rapidity throughout the west, and 
 immigmtion is flowing over the rich wheat-producing jirai- 
 ries of the district of Assiniboia. The authorities at Ottawa 
 control the government of the territories. Until the win- 
 ter of 1888, they were governed by a lieutenant-governor 
 and council, partly nominated by the governor-general in 
 council and partly elected by the people. In the session of 
 1888, the parliament of Canada passed an act granting the 
 territories a legislative assembly of twenty-two members, but 
 they do not enjoy responsible government like the provinces. 
 The lieuteuant-goverior, who is appointed by the governor in 
 council, for four yeard, has, however, the right of choosing 
 from the assembly four members to act as an advisory council 
 in matters of finance. Three of the judges of the territories 
 sit in the assembly as legal experts, to give their opinion on 
 legal and constitutional questions as they arise ; but while they 
 may take part in the debates they cannot vote. The assembly 
 
 I 
 
 * B. N. A. Act of 1871 (amending that of 1867 in order to remove certain 
 doubts as to tlie powers of Canadian parliament) enacts: 
 
 2. The parliament of Canada may from time to time establish new pro- 
 vinces in any territories forming for the time being part of the Dominion of 
 Canada, but not included in any province thert-of, and may at the time of 
 such establishment make provision for the constitution and administration 
 of any such province and for the passing of laws for the peace, order and 
 good government of such province, and fur its representation in the said 
 parliament. 
 
168 
 
 Federal Oovemment in Canada. 
 
 [614 
 
 has a duration of three years and is called together at such time 
 f|s the licutenant-^;overnor appoints. It elects its own speaker 
 and is governed by rules and usnges similar to those that pre- 
 vail in the assemblies of the provinces. Each member receives 
 $500, the legal experts $250, a session, besides an allowance for 
 travelling expenses. The parliament of Canada provides nearly 
 all the funds necessary for carrying on the government jnd meet- 
 ing necessary expenses for local purposes. The elections are by 
 open voting; the elcctois must be bond fide male residents and 
 householders of adult ago, who are not aliens or unenfran- 
 chised Indians, and who have resided within the district for 
 twelve months before the election. The civil and criminal 
 laws of England are in force in the terrritories, so far as they 
 can be made applicable; and the lieutenant-governor and 
 assembly have such powers to make ordinances for the gov- 
 ernment of the North-west as the governor-general in council 
 confers upon them; but their powers cannot at any time 
 exceed those conferred by the constitutional act upon the pro- 
 vincial legislatures. There is a supreme court, composed of 
 five judges, appointed by the Ottawa government, and remov- 
 able upon the address of the senate and house of commons. 
 The court has, witliin the territories, and for the administration 
 of the law, all such powers as are incident to a superior court 
 of civil and criminal jurisdiction.^ The territories are rep- 
 resented in the senate by two senators and in the house of 
 commons by four members, who vote and have all the other 
 privileges of the representatives of the provinces. In this 
 respect the territories of Canada enjoy advantages over those 
 of the United States territories, which are not represented in 
 the senate, but have only delegates in the house of representa- 
 tives without the right of voting. Year by year, as the popula- 
 tion increases, the people must have their political franchises 
 enlarged. The time has come for introducing the ballot, and 
 the inhabitants are an exceedingly intelligent class, drawn for 
 
 » Can. Rev. Stat., chs. 7, 50 ; Can. Stat., 1887, cli. 3; 1888, ch. 19. 
 
615] 
 
 Federal Oovemment in Canada. 
 
 169 
 
 the niost part, so far, from Ontario and the other English 
 provinces, and are in every way deservinc: of goveminj? 
 themselves in all local matters, with as little interference as 
 possible from the central authority. 
 
 There are in the territories some 30,000 Indians, chiefly 
 Assinihoines, Cre(38, Bloods, and Blackfeet, in various stages of 
 development. They arc the wards of the Canadian government, 
 which has always exercised a paternal care over them. They 
 are fed and clothed in larp'e numbers. Before lands were laid 
 out for settlement, the Indian titles were cxtinguishe<l by trea- 
 ties of purchase, conducted between the representatives of the 
 dominion and the councils of the several tribes. The Indians 
 live on reserves set apart for them in valuable districta; schools 
 and farm instruction are provided by the government, with 
 the creditable hope of making them more useful meral^ers of 
 the community. Agents live on the reserves, and inspectors 
 visit the agancies from time to time to see that the interests of 
 the Indians are protected in accordance with the general policy 
 of the government. The sale of spirituous liquors is expressly 
 forbidden in the territories, chiefly with the view of saving the 
 Indians from their baneful influences.* The liberal policy of 
 the government with respect to the Indians is deserving of 
 the encomiums which it has received from all those who have 
 studied its operation. So far as I can judge from careful in- 
 quiry, the effects of the policy are on the whole excellent, and 
 Indians generally are every way gaining greater confidence in 
 the government of the country. Of course it is difficult, if not 
 impossible, in the great majority of cases, to make a decided 
 radical change in the habits of the older Indians, and educate 
 them to become competitors of the white man in industrial 
 pursuits ; but it is gratifying to find that so large a number 
 are already tilling the soil with a moderate and, for them, an 
 encouraging measure of success. The schools established by 
 the government are well patronized, and on all sides, in short, 
 
 ' See Can. Bev. Stat., c. 43, regulating all matters respecting the Indians. 
 
 i 
 
 I 
 
 ;ji 
 
160 
 
 Federal Govetmment in Canada. 
 
 [616 
 
 I see much hope for the future generations of the Indian race 
 in the territories of Canada. At all events, good must con- 
 tinue to arise from the operation of the established policy, and 
 Canadians will always feel that they have done their duty 
 towards a race which has nev^r in the past been treated with 
 similar generosity and kindness in the territories of the United 
 States. 
 
 A federal government controlling all matters essential to 
 the general development, the permanency, and the unity of 
 the whole dominion, and several provincial governments hav- 
 ing complete jurisdiction overall subjects intimately connected 
 with the comfort and convenience, the life and property, the 
 happiness and prosperity of 'the various communities of people 
 that dwell within the limits of these local organizations ; these 
 are the dominant features of the federal structure. Elements 
 of weakness may exist in the financial basis on which the struc- 
 ture rests, and in the veto power given to the central authority 
 over the acts of the provincial governments. The upper houses 
 of the legislatures have none of the strength and influemje of 
 the senates of the United States, and can exercise, under their 
 present constitution, relatively little of that control over the 
 legislation of a popular house which may be found useful at 
 critical times. Apart from what are considered constitutional 
 defects and sources of conflict between the central and provin- 
 cial authorities, there are other conditions of their political 
 system which may awake serious apprehensions in the minds 
 of thoughtful publicists and statesmen. An eminent English 
 thinker. Professor Seeley, has said that " there are in general 
 three forces by which states are held together, community of 
 race, community of religion, and community of interest. ^ 
 When we come to make an application of this doctrine to 
 Canada, we see that there is one large province under the 
 direct, practically unrestricted, control of a large and rapidly 
 increasing population, speaking a language, professing a reli- 
 
 ' Expansion of England, p. 50. 
 
TT 
 
 617] 
 
 Fedei^al GovemmeiU in Canada. 
 
 161 
 
 gion, and retaining certain institutions, different from those 
 of the majority of the people of the dominion. I have ah-eady 
 shown the remarkable influence this French race has naturally 
 exercisci over the conditions of our political existence, and in 
 the formation of our constitutional system. From time to 
 time in our history such antagonisms as must always arise 
 when there are racial and religious differences in a commu- 
 nity, have shown themselves with more or less intensity. As 
 I have already shown in the first lecture, this antagonism led 
 to unhappy results in our early annals, and left a sad blot on 
 our political history. In these later times, with the develop- 
 ment of civil liberty and with a wiser understanding of the 
 principles that should govern communities, living under the 
 same system of government, the instances have been few and 
 relatively unimportant, when a conflict of opinion has arise.* 
 between the two races that inhabit Canada. Our political 
 history for half a century has been eminently creditablf. to the 
 good temper, patience and moderation of the leading men in 
 French as well as in English Canada. At critical moments 
 conciliatory counsels have invariably prevailed in the end 
 over the dictates of unreason and passion. All people and 
 communities within the dominion have already learned that 
 in the parliament they can always find every consideration 
 and justice given to their fair and legitimate claims. No 
 one can foresee the time when an amalgamation of the two 
 races will be possible, when the language and institutions 
 of French Canada will disappear. It may be there are those 
 in English Canada who regret that there are no signs as yet 
 of such an efiacement. It seems inevitable that the great 
 energy and colonizing capacity of English speaking peoples 
 will obtain the supremacy, and open up and control the pro- 
 vinces that must soon be carved out of the great territories of 
 the North-west ; and the French Canadian race will find itself 
 in a far smaller minority than at present. But there is no 
 reason to suppose that it will ever cease to be an important 
 influence in the confederation, which the Canadians, irrespec- 
 
162 
 
 Fedei'al Government in Canada. 
 
 [618 
 
 tive of race and religion, are establishing in a continuous line 
 of provinces from the Atlantic to the Pacific shores. Though 
 there are differences in language and certain institutions be- 
 tween the French and English Canadian peoples, yet there is 
 an equal community of interest between both. Our history 
 for more than a century gives us very clear illustrations of the 
 thorough appreciation that both races have of this identity of 
 interest. They have labored with equal patriotism to build 
 up the confederation and develop its resources. The result 
 of this union of races in the work of strengthening and pro- 
 moting the welfare of the dominion has so far been eminently 
 encouraging. A large intercolonial trade has been developed, 
 railways have spanned the continent, and public works of 
 equally national importance have been completed, and numer- 
 ous other measures passed, all in the direction of consolidating 
 the union. The foundations of a new nationality have been 
 already laid by the common efforts of the two races, united as 
 they are by the strong ties of a common interest ; and as long 
 as they continue to pursue the same wise policy of mutual 
 compromise and mutual forl)earance on all occasions of differ- 
 ence, it is impossible to exaggerate the possibilities that seem 
 open to a dominion in the possession of institutions so fully 
 Avorthy of the respect and confidence of its people. 
 
TT'* 
 
 INDEX TO SEVENTH VOLUME 
 
 OF 
 
 Johns Hopkins University Studies 
 
 IK 
 
 HISTORICAL AND POLITICAL SCIENCE. 
 
 Adams, Dr. H.B., 195; quoted, 199, 
 206, 212, 230, vii-ix, 41, 110. 
 
 Adams, Judge 8. W., vii-ix, 4, 5. 
 
 Agawam, visited by men from New- 
 town, vii-ix, 12. 
 
 Albemarle Academy, 202. 
 
 Alcalde, 82, 83. 85, 93, 101 ; functions 
 of, 80, 96, 97, 98, 101; office of, 
 abolished in San Francisco, 111; 
 restored, 115; abolished by charter 
 of 1850, 132; in Louisiana, 164. 
 
 Andrews, Judge, quoted, vii-ix, 121. 
 
 Andrews, Charles M., on the river 
 towns of Connecticut, vii-ix. 
 
 Assembly, legislative, of San Fran- 
 cisco, 107 ffi 
 
 Atkinson, 250. 
 
 Atwater, E. E., quoted, vii-ix, 55. 
 
 Auxiliary Sanitary Association, in 
 New Orleans, 185. 
 
 Ayuntamiento, 84, 85, 87, 88, 89, 90, 
 91,100; functions of, 86; abolished 
 in San Francisco, 108; restored, 
 116; abolished by charter of 1850, 
 132. 
 
 B 
 
 Bacon, Sir Francis, quoted, 24. 
 Bancroft, George, message of, to Oom- 
 
 modore Sloat, quoted, 93. 
 Barbour, James, 241. 
 
 Barbour, P. P., 241 ; offered law pro-, 
 fessorship, 311. 
 
 Biirlow, Peter, 287, 295, 299. 
 
 Barnett, Eev. S. A., 24 ; and the Uni- 
 versity Colony in East London, 58, 
 59, 60. 
 
 Bartlett, Lieut. W. A., 95, 99. 
 
 Berkeley, BUhoj^, 302. 
 
 Berlin, Connecticut, vii-ix, 75, 76. 
 
 Bienville, founds New Orleans, 160. 
 
 Biloxi, settled, 159. 
 
 Birkbeck, Dr. George, assists Gilmer, 
 285, 292, 300; and the University 
 of London, 298. 
 
 Blaettermann, Dr. George, 292, 31 3 ; 
 engaged as professor in University 
 of Virginia, 244, 245, 246, 306. 
 
 Blake, vr mted, vii-ix, 107. 
 
 Blake, Mm. Edward, quoted, 497, 504, 
 509, 537, 680, 581. 
 
 Blok, Adrian, explores Connecticut, 
 vii-ix, 10. 
 
 Bloomiield, vii-ix, 75, 76. 
 
 Bond, (quoted, vii-ix, 43. 
 
 Bondeher, quoted, 96. 
 
 Bonnycastle, Charles, 287 ; made pro- 
 fessor in University of Virginia, 
 299; arrives, 311; transferred to 
 Key's chair, 313. 
 
 Boston Courier, quoted, 307. 
 
 Bourinot, Dr. John G., on federal 
 government in Canada, 467-618 ; 
 quoted, 485, 504, 511, 514, 523, 585, 
 597, 606. 
 
 163 
 
 ! 
 
 ^ 
 
164 
 
 Index. 
 
 [620 
 
 Bowditch, Nathaniel, 212. 
 liozman, J. L., quoted, vii-ix, 41. 
 Bradford, William, vii-ix, 7 ; letter of, 
 
 to Miniiit, quoted, 7, lo. 
 Breckinridge, Mra. E., 196. 
 Breckinridge, James, 209. 
 British Columbia, union with, 582'. 
 
 (See Canada.) 
 British North America Act, 1867. 
 
 (See Canada.) 
 Brock, K. A., 217. 
 Brockeiiboroiigh, Wm., 241, 
 Bronson, Dr. Henry, quoted, vii-ix, 
 
 79, 84, 86. 
 Brougham, Henry, 244, 245, 292, 293; 
 
 letter of, quoted, 247 ; and the Uni- 
 versity of London, 298. 
 Brown, Hon. George, quoted, 529, 553. 
 Bryce, James, quoted, 517, 521, 523, 
 
 548, 560, 568. 
 Bucareli, San Francisco founded at 
 
 command of, 75. 
 Buchanan, George, 269, 270. 
 Burke, quoted, 24. 
 Burnett, P. H., 126, 130; and the 
 
 San Francisco town lots, 126, 129. 
 Burwell, Wra. A., 220. 
 Butler, Chief Justice, quoted, vii-ix, 
 
 121, 122. 
 Butler, Dr. Samuel, 281. 
 
 Cabell, Joseph C, 203,_ 309; and 
 the University of Virginia, 203 ff. ; 
 quoted, 213, 237; negotiates with 
 Tucker, 307 ; suggestions of, as to 
 law professorship, 311. 
 
 Cabell, Col. Nicholas, 203. 
 
 Cabildo, established in Louisiana, 
 164. 
 
 California, local government of, un- 
 der old regime, 80 ff. ; constitu- 
 tional convention of 1849, 125. 
 (See also San Francisco.) 
 
 California Stat', quoted, 97, 99, 100. 
 
 Campbell, Thomas, 303; letter of, 
 quoted, 297 ; and the University 
 of London, 298. 
 
 Campbell, Thomas Telford, 297, 298. 
 
 Canada, federal government in, J. 
 G. Bourinot on, 457-618 ; French 
 period, 464-469; transition period, 
 469-473; proclamation of 1763, 
 
 470; Quebec act, 471; effect ot 
 coming of loyalists, 472; third 
 period, 473-478; Constitutional Act 
 of 1791, 473; difficulties under it, 
 474; fourth period, 478-482; act 
 of 1841, 478; adoption of British 
 North America Act, 482; general 
 features of the federal system, 485- 
 532; population, etc., 486 ; leading 
 principles of the system, 488 ; con- 
 stitution partly unwritten, 489; 
 amendments of the act, how far 
 possible, 491 ; position of Canada 
 in the Empire, 492 ; relations of 
 dominion and provincial govern- 
 ments, 500-524; powers of the 
 parliament, 501 ; of the provincial 
 legislatures, 503; education, 505; 
 concurrent powers, 507 ; insurance, 
 508; criminal law, 508; temper- 
 ance, 509 ; disputes under the act, 
 compared with those under Consti- 
 tution of United States, 511 ; right 
 to interfere in cases of property 
 and civil rights, 613; veto power 
 of governor in council, 514 ; courts, 
 519 ; dominion and provincial rev- 
 enues, 524 ; general considerations, 
 531 ; the government and the par- 
 liament, 533-576; the separation 
 of departments, 633, 546-548 ; the 
 governor-general, 534 ; the council, 
 641 ; the premier, 545 ; the senate, 
 549 ; the lower house, 555 ; parlia- 
 mentary independence, 562 ; elec- 
 toral corruption, 563 ; methods of 
 business in parliament, 564; com- 
 mittees, 565; public and private 
 bills, 566 ; supply, 568 ; motions 
 and inquix'ies, 570; debate, 572; 
 voting, 574 ; the civil service, 574 ; 
 the provinces, 577-618 ; division 
 into provinoes, 579 ; the lieuten- 
 ant-governor, 583 ; case of escheats, 
 585; the executive council, 586; 
 the legislature, 687 ; reference to 
 provincial courts, 594 ; " veto " and 
 reserve" powers, 595; responsi- 
 bility of ministry, 595 ; judiciary, 
 597 ; law, 600 ; comparison with 
 judiciary of United States, 603 ; 
 local government, 605-612 ; refer- 
 endum, 607; Northwest Territo- 
 ries, 612; Indians, 615; conclu- 
 sion, 616. 
 
ir-^f 
 
 621] 
 
 Index. 
 
 1G5 
 
 Candolle, A, de, 232. 
 
 Carlyle, quoted, 32. 
 
 Carr, Dabney, 217, 227, 237, 238, 239, 
 240. 241 ; offered law professor- 
 8hip, .311. 
 
 Cartwright, Major, 249, 283, 284, 285, 
 294. 
 
 Cartwright, Miss Frances D., 294. 
 
 Cassell, quoted, 522, 523. 
 
 Central (Jollege, 202 ff. 
 
 Cliapin, quoted, vii-ix, 76. 
 
 Chimney-viewers, in Connecticut, 
 vii-ix, 97, 98. 
 
 Church lands, in Connecticut, vii-ix, 
 45. 
 
 Church rates, in Connecticut, vii-ix, 
 114. 
 
 Church Reform Union, 46. 
 
 Claiborne, W.C.C, 167. 
 
 Clergy reserves question, in Canada, 
 476 479. 
 
 Cocke, Oen' IJohn H., 204, 209, 237, 241 . 
 
 Coit, Stanton, 67, 68, 69; founds 
 Neighborhood Guild, 65. 
 
 Colbert, 465. 
 
 Commissioner, in Connecticut, vii-ix, 
 102, 103. 
 
 Committee of One Hundred, in New 
 Orleans, 186. 
 
 Commons, proprietors', vii-ix, 63 ff. 
 
 Connecticut, a study of the river 
 towns of, by C. M. Andrews, vii- 
 ix ; Dutch and English in, 5 ; early 
 explorations in, 9; first settlements 
 in, 13 ff. ; hard winter in, 22 ; earli- 
 estgovernmentof, 23; new churches 
 in, 25 ; efforts to check emigration 
 to, 25 ; compared with Massachu- 
 setts, 27; democracy in, 28 ff.; land 
 system of, 32-81 ; early purchases, 
 32; Indian reservations, 35; grants 
 by the general court, 36 ; pensions, 
 37; subsidized industries, 39, 49; 
 extension of town boundaries, 39 ; 
 grants to schools, 40; patents of 
 1686, 40; early town allotments, 
 42 ff., new towns, 75 ; suffrage in, 
 82 ff.; freemen, 82; inhabitants, 89; 
 householders, 89; proprietors, 90; 
 growth of the official system in, 
 920*.; townsmen, 104; constables, 
 110; town meetings, 112; rates 
 and fines, 114; relation of towns to 
 colony, 118 ff. (See also Hartford, 
 Wethersfield, Windsor.) 
 
 Convecticut Jourval, quoted, 308. 
 Constables, in Connecticut, vii-ix, 23, 
 
 93,98, 101, 110 ff". 
 Constitutional Act of 1791, 473. 
 Cooley. Jndiie T. M., quoted, 514, 
 
 594, 607, 008. 
 Cooper, Dr. Thomas, 204, 205, 206, 
 
 2(i9, 210, 308, 309. 
 Coplestone, t)r. Edward, 246. 
 Correa, Abbe, 205, 224-226, 228, 234; 
 
 letter of, quoted, 233. 
 Cotton, sermon by, vii-ix, 13. 
 Craigi'e, JJr. David, 274. 
 Crozat, Anthony, grant to, 160. 
 
 D 
 
 Dade, Judrje Wm. A. C, offered law 
 professorship in University of Vir- 
 ginia, 311. 
 
 Daggett, Chief Justice, quole^fV'ii-lx, • 
 121. 
 
 Darling, Governor, case of, 537. 
 
 Davies, ^et). Llewelyn, 46. 
 
 Davitt, Michael, 50; quoted, 51. 
 
 Davy, Dr. Martin, 247, 249, 251. 
 
 Democracy, incomplete in M.issachn- 
 setts, vii-ix, 27 ; character of, in 
 Connecticut, 28 ff'., 125, 12t). 
 
 Dicey, A. V., quoted, 489, 496, 520. 
 
 District attorney, office of, established 
 in San Francisco, 112. 
 
 Dominion of Canada, origin of name, 
 485. 
 
 Dorchester, people of, settle in Con- 
 necticut, vii-ix, 18, 21 ; townsmen 
 of, 104. 
 
 Dorchester, Lord, 477. 
 
 Doutre, quoted, 652. 
 
 Drinkwater-Bethune,(SirJohnE.,261. 
 
 Drury, Rev. B. H., 288. 
 
 Drury,iJey. Henry J.T., 277, 285,288. 
 
 Dunglison, Dr. Kobley, professor in 
 University of Virginia, 285. 291 , 314. 
 
 Du Pont de Nemours, correspondence 
 of, with Gilmer, 228-230. 
 
 Durham, Lord, report of, on state of 
 Canada, 477, 578. 
 
 Dutch, early relations of, with Eng- 
 lish on the Connecticut, vii-ix, 
 5-9 ; purchase land of the Indians, 
 33 ; driven out, 34. 
 
 Dwinelle, quoted, 84, 87, 88, 90, 92, 
 96, 109. 
 
 ill I 
 
 li 
 
166 
 
 Index. 
 
 [622 
 
 E 
 
 East ITartford, vii-ix, 75, 76, 80. 
 
 East Windsor, vii-Lx, 75, 76, 77. 
 
 Education, power over, in Canada, 
 505. 
 
 Edwards, Timothy, vii-ix, 76. 
 
 Egleston, M., quoted, vii-ix, 40, 74, 
 90. 
 
 Ellington, vii-ix, 75, 76, 77. 
 
 Ellis, iJr. George E., quoted, vii-ix, 
 82, 126. 
 
 Emerson, quoted, 171. 
 
 Emmett, ir. John P., elected pro- 
 fessor iu University of Virginia, 
 305, 306, 307. 
 
 Entombment, Francia's picture ct) 
 26. 
 
 Equivalent, vii-ix, 58, 59. 
 
 Escheat, in Canada, 585. 
 
 F 
 
 Fagee, Pedro, 75. 
 Farmington, vii-ix, 75. 
 Felch, Judge, quoted, 79. 
 Fence-viewer, in Connecticut, vii-ix, 
 
 96, 97, 98, 101. 
 Figueroa, Jos^, 88. 
 Fines, in Connecticut, vii-ix, 114 ff. 
 Fink, J. B., leaves money to New 
 
 Orleans, 179. 
 Fleming, 254. 
 Forbes, Lord, 272, 273. 
 Forbes, E. S., 67. 
 Freeman, E. A., quoted, 489. 
 French, sketch of their dominion in 
 
 Canada, 464—469 ; language, in the 
 
 Canadian parliament, 573. 
 Frontenac, 469. 
 
 G 
 
 Galpin, Albert, vii-ix, 5. 
 
 Galvez, part taken by, in American 
 Kevolution, 160. 
 
 Geary, John W., 116, 125; on the 
 aflairs of San Francisco, 117 ; ve- 
 toes salary ordinance, 140. 
 
 Gell, P. L., on the work of Toynbee 
 Hall, 57-64. 
 
 Gemmill, quoted, 554. 
 
 Gilmer, Francis Walker, correspon- 
 dence of, 195, 317; birth, 216; early 
 
 letters, 218; entei-s William and 
 Mary College, 220 ; reads law with 
 Wirt, 221; his essays, 224; be- 
 comes acquainted witli Correa, 224; 
 in Philadelphia, 226; botanizing 
 tour, 227 ; practices law at Win- 
 chester, 227 ; removes to Rich- 
 mond, 231 ; offered law professor- 
 ship, 236; goes to obtain profes- 
 sors, 241 ; arrival in England, 243 
 in London, 244; engages lUaetter 
 mann, 244; at Cambridge, 249 
 letter to Peachy Gilmer, 252; to 
 Wm. Wirt, from Stratford, 254 
 at Oxford, 257 ; in Edinburgh, 
 259 ; negotiations with Key, 269- 
 266; and Leslie, 267; letter to 
 Chapman Johnson, 268 ; to Peachy 
 Gilmer, 271 ; to Jefferson, 274, 282, 
 290; declines law professorship, 
 276 ; again in London, 277 ; nego- 
 tiations with Long, 277-281 ; se- 
 cures Dunglison, 285; and Long, 
 286; various negotiations, 286, 
 295 ; letter to Carr, 292 ; negotia- 
 tions with the Harwoods, 297, 
 299-301 ; influence on foundation 
 of University of London, 298 ; se- 
 cures Bonnycastle, 299; sails for 
 New York, 302; illness after ar- 
 rival, 304; at Norfolk, 306 ; news- 
 paper criticisms on importation of 
 professors, 307; delay in profes- 
 sors' arrival, 309 ; accepts law pro- 
 fessorship, 312; declining health, 
 312, 314; death, 314; literary 
 work, 316, 316; attainments, 316; 
 John Randolph on, 316; letters 
 to, from Ticknor, 319-329. 
 
 Gilmer, Dr. George, 215 ; described, 
 216; death, 217. 
 
 Gilmer, Harmer, 218, 223. 
 
 Gilmer, James, 218. 
 
 Gilmer, John, 195. 
 
 Gilmer, Mildred, 217. 
 
 Gilmer, Peachy, 217, 314, 317 ; let- 
 ters to, 2-)2, 271. 
 
 Gilmer, Thomas Walker, 215. 
 
 Girod, Nicholas, leaves property to 
 New Orleans, 178. 
 
 Glastonbury, vii-ix, 75, 76. 
 
 " Good Hone," the, vii-ix, 8. 
 
 Gray, Mr. Justice, quoted, 495. 
 
 Green, S. A., quoted, vii-ix, 30. 
 
 Green, Pi^of. T. H., 11, 45, 49, 52. 
 
623] 
 
 Index. 
 
 167 
 
 H 
 
 Hadlcy, size of lots in, vii-ix, 43. 
 Hall, John, explores Connecticnt, 
 
 vii-ix, 10, 11. 
 Hampden-Sidney College, 199. 
 Harbor Master, office of, established 
 
 in San Francisco, 112. 
 Hare, J. I. C, quoted, 520. 
 Harrison, Dr. Gepsner, 313. 
 Hartford, Dutch fort at, vii-lx, 8, 9, 
 
 17; English settlers at, 20, 25; 
 
 lands of, 34, 42, 50, 51, 62, 64, 66, 
 
 66, 57, 58, t)0, 61, 62, 64, 74, 75; 
 
 town offshoots of, 75 ; laws against 
 
 strangers in, 84, 87, 88; earlier 
 
 growth of official system in, 97. 
 
 (See also Connecticut, Constables, 
 
 etc.) 
 Harvey, George, 287, 295, 299. 
 Harwood, Dr. John, '_'88, 295, 297 ; 
 
 Gilmer's negotiations with, 299- 
 
 301. 
 Harwood, Dr. William, Gilmer's ne- 
 gotiations with, 299-301. 
 Hawurd, in Connecticut,vii-ix, 96, 98. 
 Hawes, Horace, 116, 126; address 
 
 of, quoted, 120; objections of, to 
 
 revenue ordinance, 123; demands 
 
 information on town lot question, 
 
 128 ; suspended from office, 130. 
 Hay, George, 232. 
 Hearn, W. E., quoted, 496, 535. 
 Henderson, Stephen, leaves property 
 
 to poor of New Orleans, 178. 
 Hennen's Digest, quoted, 179. 
 Henry, Mr. Justice, quoted, 510. 
 History, Toynbee's interest in, 6 ff. 
 Hittell, quoted, 79. 
 Hodgson, Adam, 286. 
 Holmes, OnpUnn, expedition of, to 
 
 Windsor, vil-ix, 9, 10; purchases 
 
 land of Indians, 32, 34. 
 Holmes, Judge, 227. 
 Hooker, Thomas, vii-ix, 12, 13 ; leads 
 
 emigration to Connecticut, 25 ; 
 
 quoted, 26, 92. 
 Hooker's suit, vii-ix, 91. 
 Horner, Leonard. 273, 274 ; and the 
 
 University of London, 298. 
 Howe, Wm. W., on the municipal 
 
 history of New Orleans, 155-187. 
 Hughes, Thomas, 46. 
 Hume, Joseph, and the Universitv 
 
 of London, 298. 
 
 Iberville, founds Biloxi, 159. 
 
 Indians, on the Connecticut, appeal 
 to Plymouth to found a settle- 
 ment, vii-ix, 7 ; to Boston, ib., 7 ; 
 their sales of land to the settlers, 
 ib., 32 ff'. ; reservations for, ib., 35 ; 
 policy of Canadian government 
 toward, 615. 
 
 Industries, subsidized in Connecticut, 
 vii-ix, 39, 49. 
 
 Inspector, in Connecticut, vii-ix, 101. 
 
 Insurance, power over, in Canada, 
 508. 
 
 Ivory, James, 245, 283. 
 
 Jameson, Prof. Robert, 276, 277, 278. 
 
 Jefferson, Thomas, influence of, on 
 his countrymen, 200; plan forVir- ' 
 ginia education, 202; connection 
 with Central College, 202 ; origin 
 of University of Virginia, 207 ; its 
 location, 208 ; establishment, 209 ; 
 early negotiations for professors, 
 209 fF.; corresponds with Gilmer, 
 228 ; quoted, 232, 242, 248, 305, 
 306; asks Gilmer to be commis- 
 sioner to England, 236, 237 ; on 
 the law professorship, 238-240; 
 anxiety over arrival of professors, 
 309, 310 ; prescribes text-books in 
 government, 310; the law profes- 
 sorship again, 311, 312. (See also 
 Gilmer.) 
 
 Jeffrey, 272, 273. 
 
 Jesuits, in Canada, 472 ; controversy 
 over their estates, 518-520. 
 
 Johnson, Chapman, 209, 237 ; letter 
 to, 268. 
 
 Johnson, Edward, quoted, vii-ix, 12. 
 
 Johnson, George, quoted, 594. 
 
 Johnson, Dr. Samuel, 302. 
 
 Johnston, Prof. A., his view of in- 
 corporation, vii-ix, 78, 94 ; on ori- 
 gin of townsmen, 105; his theory 
 of town sovereignty criticised, 
 120 ff: 
 
 Judd, quoted, vii-ix, 43. 
 
 Justices of the peace, supersede ayun- 
 tamiento in California, 91 ; in Con- 
 necticut, vii-ix, 103. 
 
168 
 
 Index. 
 
 [624 
 
 K 
 
 Kiiye, Dr. J., 251. 
 
 Kee\Vntin, diHtrict of, 012. 
 
 Kennedy, alters Wirt's letter?, 216. 
 
 Kent, Chancelbr, 306, 
 
 Kewen, E. J. C, letter of, quoted, 
 129. 
 
 Key, T. H., 259 ; Gilmer's negotia- 
 tions with, 2")9-2f)6; secured, 282; 
 arrives, 311; returns, 313; siibse- 
 (juent career, 313. 
 
 Kin'^'s College, attempt to secure 
 Knglish i)rofe89or8 for, 302. 
 
 Knox, Dr., professor in Central Col- 
 lege, 204. 
 
 Knox, Dr. Robert, 278, 286. 
 
 Lammas fields, vii-ix, 69, 70. 
 
 Land system, in the river towns of 
 Connecticut, vii-ix, H2-81. 
 
 La Salle, 159. 
 
 Laussat, 167. 
 
 Laveleye, E. de, quoted, vii-ix, 72. 
 
 Law, John, 160. 
 
 Lawyers, in Connecticut, vii-ix, 103. 
 
 Lete'llier, iM., case of, 636, 584. 
 
 Legare, Hugh S., 228. 
 
 Leslie, Frof. John, 2«9, 275, 286, 
 292 ; letter from, 267. 
 
 Levermore, Dr. C. H., quoted, vii-ix, 
 86, 100, 105. 
 
 Lister, in Connecticut, vii-ix, 101. ^ 
 
 Lomax, J. T., made professor in Uni- 
 versity of Virginia, 312. 
 
 London,' University of, Gilmer's in- 
 fluence on foundation of, 298. 
 
 Long, George, 291 ; offered professor- 
 ship in University of Virginia, 
 27. ; negotiations with, 277-281; 
 accepts, 286 ; arrival, 306 ; returns 
 to London, 313. 
 
 " Lord's Waste," vii-ix, 18, 19. 
 
 Louis XIV, decides to take the gov- 
 ernment of Canada into his own 
 hands, 465. 
 
 Louisiana, discovery of, 159; first 
 settlement in, 159; granted to 
 Crozat, 160; to the Mississippi 
 Company, 160; ceded to Spain, 
 161; government of, under French, 
 162; under Spanish, 164; ceded 
 
 to United States, 167; elective 
 franchise in, 182; boundaries of, 
 228. 
 Loyalists, effect of their arrival on 
 Canada, 472. 
 
 M 
 
 Macdonald, Sir John, 499, 543, 604 ; ' 
 quoted, 501, 509, 544. 
 
 Mackintosh, 292, 29.3, 294. 
 
 Madison. James, 202, 204, 209, 213, 
 214; quoted, 201; makes out list 
 of theological books for University 
 of Virginia, 301 ; chooses text- 
 books in government, 310, 311. 
 
 Maine, Sir Ilenry, vii-ix, 30; quoted, 
 533, 547, 551. 
 
 Manciiester, vii-ix, 75, 76. 
 
 Manitoba, province of, formed, 577 ; 
 given a constitution, 582. (See 
 Canada.) 
 
 Marlborough, vii-ix, 75, "3 
 
 Marshall, John, 197, 520, 5il. " 
 
 Martin, F. X., quoted, 159, 166, 167. 
 
 Mary, .Joseph C, leaves money to 
 New Orleans, 178. 
 
 Mason, Oove)-nor R. B., quoted, 101, 
 103, 104. 
 
 Massachusetts Bay, and early expe- 
 ditions to Connecticut, vii-ix, 7, 
 11; opposes emigration to Con- 
 necticut, 13, 25, 26 ; General Court 
 of, forms provisional government 
 for Connecticut, 23; democracy in, 
 incomplete, 27,85; perambulation 
 in, 100. 
 
 Mather, Samuel, vii-ix, 76. 
 
 Maurer, G. L. von, vii-ix, 30. 
 
 McClurg, Dr., 221. 
 
 McCosh, Dr. James, quoted, 68. 
 
 McCulloch, J. R, 263 
 
 McDonogh, John, donation of, to Bal- 
 timore and New Orleans, 179-181. 
 
 Meadow, common, vii-ix, 68 fT. 
 
 Merrimac, visited by men from New- 
 town, vii-ix, 12. 
 
 Messuage, vii-ix, 70. 
 
 Micheltorena, Oovemor, 93, 95. 
 
 Middletown, vii-ix, 79. 
 
 Mill, J. S., quoted, 612. 
 
 Milne, Alexander, leaves property 
 to New Orleans, 177. 
 
 Missions, in California, designed to 
 be temporary, 79. 
 
 

 625] 
 
 Index, 
 
 169 
 
 Miwissippi, jetties at mouth of, 161. 
 
 Minaissippi Company, 160. 
 
 Mix, manuscripts of, quoted, vii-ix, 
 17. 
 
 Morras, quoted, 78, 92. 
 
 Monroe, James, 202, 208; recom- 
 mends professors, 803. 
 
 Montague, F. C, on Arnold Toynbee, 
 1-63. 
 
 Montgomery^ Oommodore, occupies 
 San Francisco, 95. 
 
 Moraga, Jos^, 76, 78. 
 
 Morell, Chptam Benjamin, quoted, 87. 
 
 Morse, John T., Jr., 201. 
 
 Moses, B., on the establishment of 
 municipal government in SanFran- 
 cisco, 71-153. 
 
 Murray, John A., 247. 
 
 N 
 
 Neighborhood Guild, C. B. Stover 
 on, 65-70. 
 
 New Brunswick, condition of, in 
 1837, 578 ; given responsible gov- 
 ernment, 579. (See Canada.) 
 
 Newfoundland, remains out of feder- 
 ation, 482. 
 
 New Haven, vii-ix, 86, 100. 
 
 Newington, vii-ix, 75, 76. 
 
 New Orleans, W. W. Howe on the 
 municipal history of, 155-187; 
 founded, 160; made seat of gov- 
 ernment, 161; government of, 
 under French, 162; passes to 
 Spain, 163; resistance of inhabi- 
 tants, 163; new form of govern- 
 ment, 164; sources of revenue, 
 165; in the American Revolu- 
 tion, 166; new government insti- 
 tuted by Laussat, 167 ; purchased 
 by United States, 167; charter 
 
 < of 1805, 167; its provisions, 168; 
 charter of 1836, 169; of 1852, 
 170; of 1856, 170; under mili- 
 tary rule, 170 ; Administration sys- 
 
 ■ tem introduced, 171 ; its merits, 
 172 ; abolished by present charter, 
 173; its provisions, 173; Fire De- 
 partment, 174; levees, drainage, 
 and paving, 175; water supply, 
 176; gas supply, 177; charitable 
 donations in tae hands of the city, 
 177 ; history of elective franchise 
 
 in, 182 ; restraint on taxing power, 
 183 ; control of citizens over police, 
 184; Auxiliary Sanitary Associa- 
 tion, 185; Committee of One Hun- 
 dred, 186; Young Men's Demo- 
 cratic Association, 187. 
 
 Newtown, inhabitants of, remove to 
 Connecticut, vii-ix, 12, 13, 20, 21, 
 25. 
 
 New York Atneriean, quoted, 309. 
 
 Norton, Frederick, 297, 300. 
 
 Nova Scotia, condition of, in 1837, 
 678; given constitutional govern- 
 ment, 579. (See Canada.) 
 
 Ogilvie, James, 218-220; quoted, 206; 
 
 Oldham, John, in Massachusetts, vii' 
 ix, 10 ; first journey of, to Connecti- 
 cut, 10 ; evidence as to settlement 
 of, atWethersfield in 1634, 14-17; 
 land of, how held, 32. 
 
 Ontario. (See Canada.) 
 
 O'Reilly, Alexander, 163, 164, 165. 
 
 Palou, Father, quoted, 76. 
 
 Parkman, F., quoted, 465. 
 
 Parr, Dr. Samuel, 244, 266, 257, 272, 
 275,277,283,292; letter of, quoted, 
 295. 
 
 Parton, James, 201. 
 
 Pauger, proposes jetties at mouth of 
 Mississippi, 161. 
 
 Peachy, A. C, opinion of, on owner- 
 ship of lands in San Francisco, 1 27. 
 
 Pensions, in Connecticut, vii-ix, 37. 
 
 Pequots, attack Indians on the Con- 
 necticut, vii-ix^ 6. 
 
 Perambulation, vii-ix, 98-100. 
 
 Percival, J. G., 303. 
 
 Philaddphia OazetU, quoted, 308. 
 
 Pictet, 233. 
 
 Pinder, in Connecticut, vii-ix, 96, 98. 
 
 Plymouth, Indians appeal to, to found 
 settlement on the Connecticut, vii- 
 ix, 7 ; sends commission to Boston; 
 7 ; builds fort at Windsor, 8, 9 ; dis- 
 pute of, with Dorchester, 18 ; per- 
 ambulation in, 100. 
 
 Pope, William, 222, 302. 
 
170 
 
 Index, 
 
 [626 
 
 Poydras, Julien, 166. 
 
 Praed,W.M., 259,271. 
 
 Prntz, Le Pnge du, quoted, 161. 
 
 Prefects, duties of, in California, 120. 
 
 Presidio, character of, 78. 
 
 Previous question, in Canada, 671, 
 572. 
 
 Prince Edward Island, absentee land- 
 lords in, 578; given responsible 
 government, 579. (See Canada.) 
 
 Privy council, appeals to, from Can- 
 ada, 497, 622, 524. 
 
 Pueblo, organization of, 80. 
 
 Q 
 
 Quakers, excluded from Connecticut, 
 
 vii-ix, 84, 85, 86. 
 Quebec. (See Canada.) 
 Quebec act, 471. 
 
 R 
 
 Randall, H. S., quoted, 208. 
 Bandolph, John, 197, 226, 254; his 
 
 relations with Gilmer, 305; his 
 
 opinion of Gilmer, 317. 
 Bandolph, Thomas M., 222. 
 Bates, in Connecticut, vii-ix, 114 ff. 
 Becorder, in Connecticut, vii-ix, 101. 
 Begidores, in California, 82, 83, 85; 
 
 in Louisiana, 164. 
 Bice, Dr., J. H., 199, 211. 
 Eichmond Enquirer, quoted, 307. 
 Biley, Oen'l Bennett, proclamation 
 
 of, 114. 
 Biver towns of Connecticut, C. M. 
 
 Andrews on, vii-ix. 
 Bocky Hill, vii-ix, 75, 76. 
 Bush, Bichard, 242, 244, 295. 
 Buskin, John, effect of, on Toynbee, 
 
 14 ; his descriptions, 27. 
 
 s. 
 
 Saltonstall, Sir Bichard, sends out 
 Stiles party, vii-ix, 19. 
 
 Sanchez, Francisco, quoted, 90. 
 
 San Francisco, establishment of mu- 
 nicipal government in. Prof. Moses 
 on, 71-153 ; discovery of, 75 ; first 
 settlement at, 76; appearance of, 
 in 1792, 77 ; government of, before 
 
 1834, 87 ; erected into a pueblo, 88 ; 
 new ayuntamiento, 90; effect of 
 Constitution of 1836, 91 ; syndic 
 and alcaldes in, 92, 93, 96, 97, 98, 
 99; passes to United StateH, 95; 
 new government in, 101 ; effect of 
 discovery of gold on, 105 ; confusion 
 of government of, 106; new gov- 
 ernment in, 107; general code 
 of laws in, 113; courts in, 113: 
 new government declared illegal 
 and old re-established, 114, 116; 
 improvements recommended by 
 Geary, 117; revenue ordinance, 
 122; the cause of confusion, 124; 
 trouble over land grants, 126 ; city 
 charter, 130; its provisions, 132; 
 officers, 136 ; scheme of council for 
 plundering treasury, 137; public 
 protests, 138; ordinance vetoed, 
 140 ; further organization, 141 ; 
 effect of California's admission as 
 a State, 147 ; character of city ad- 
 ministration, 148; new charter, 
 149 ; end of old council, 163. 
 
 Sav, J. B., 205. 
 
 Schools, land granted to, in Connec- 
 ticut, vii-iz, 40; support of, 116. 
 
 Seeley, J. B., quoted, 616. 
 
 Seigniorial system, abolished in Can- 
 ada, 479. 
 
 Shore, John, 244. • 
 
 Sickles, S. v., leaves money to New 
 Orleans, 179. 
 
 Simsbury, vii-ix, 76, 76, 79. 
 
 Sloat, Qmmodore John D., «ioeiipie8 
 Monterey, 94. 
 
 Smith, Goldwin, quoted, 562. 
 
 Smith, Sir James Edward, 250, 251. 
 
 Smith, John, Gilmer copies MS. re- 
 lating to, 294. 
 
 Smith, Han. Balph D., quoted, vii-ix, 
 65. 
 
 Smith, Toulmin, quoted, vii-ix, 84, 99. 
 
 Southampton, vii-ix. 123. 
 
 South Windsor, vii-ix, 75, 76, 77. 
 
 Spain, provisions of constitution of 
 1812 as to local government, 82 ff. 
 
 Stewart, Dugald, 283 ; letter of, quo- 
 ted, 289. 
 
 Stiles, Francis, leads party to Wind- 
 sor, vii-ix, 19. 
 
 Stiles, Dr. H. B., quoted, vii-ix, 21, 
 32, 33, 36, 37, 69, 77, 88, 101, 103, 
 111, 114. 
 
TT 
 
 627] 
 
 Index. 
 
 171 
 
 Stover, C. B.. on the Neighborhood 
 Guild in New York, 65-70. 
 
 Strong, Mr. Justice, quoted, 580. 
 
 Strong, Dr. Josiah, quoted, 68. 
 
 Suffrage, in Connecticut, vii-iz, 30, 
 82 ff. 
 
 Sulpitians, 472. 
 
 Superior Council, governs New Or- 
 leans, 162. 
 
 Surveyors, in Connecticut, vii-ix, 96, 
 98, 101, 
 
 Swift, M. I., 67, 68. 
 
 Syndic, in California, 82, 83, 85, 92, 
 93; in Louisiana, 164, 165. 
 
 T. 
 
 Talcott, Miu Mary K., vii-ix, 5. 
 Tax-collectors, in Connecticut, vii-ix, 
 
 93, 96, 101. 
 
 Taylor, John, of Caroline, letter of, 
 quoted, 200. 
 
 Taylor, Robert, 209. 
 
 Tazewell, L. W., 197, 221. 
 
 Teigniuouth, Lord, 244. 
 
 Terrell, Dabney C, 232. 
 
 Thorp, W.B^ftl, 
 
 Tii^nor, George, 212, 226, 228, 246; 
 letters of, to Gilmer, 319-329. 
 
 Tocqueville, A. de, quoted, 548. 
 
 Todd, A., quoted, 496, 497, 499, 607, 
 638, 598. 
 
 Torrey, John, 303, 305. 
 
 Touro, Judah, leaves money to New 
 Orleans, 178. 
 
 Town, the historic, vii-ix, 30. 
 
 Town meetings, in Connecticut, vii- 
 ix, 112, 113. 
 
 Townsmen, in Connecticut, vii-ix, 93, 
 
 94, 95, 96, 98, 101, 104 ff.; become 
 selectmen, 109. 
 
 Toynbee, Arnold, F. C. Montague 
 on, 1-53; early years, 6; enters 
 Balliol College, II ; personal ap- 
 pearance, 11 ; conversational pow- 
 ers, 12 ; acquaintance with Buskin, 
 14 ; studies political economy, 15 ; 
 religious opinions, 15 ; takes lodg- 
 ings in Whitechapel, 24; inter- 
 vtds of rest, 26 ; his common sense, 
 28 ; appointed tutor at Balliol, 30 ; 
 marries, 32 ; his ideas of economic 
 methods, 33 ; studies the industrial 
 revoluUon, 33; his views on com- 
 
 petition, 34; forms an economic 
 club, 35; gives popular lectures, 
 37, 61 ; his views on co-operation, 
 41 ; on church and state, 43 ; work 
 among the poor, 49; travels, 60; 
 l<Mt da^s, 52 ; letter of. auoted, 56- 
 67; his ideas of social responsi- 
 bility, 67. 
 
 Toynbee, Joseph, 6. 
 
 Toynbee Hall, P. L. Gel! on the work 
 of, 57-64. (See also Neighbor- 
 hood Guild.) 
 
 Toynbee Trust, 58. 
 
 Tracy, Destutt, 205. 
 
 Trent, Wm. P., on English culture 
 in Virginia, 189-329. 
 
 Trumbull, Dr. B., quoted, vii-ix, 22. 
 
 Tucker, George, elected professor in 
 University of Virginia, 306, 307. 
 
 Tucker, H. St. George, 227, 228, 241, 
 311. 
 
 Turf and twig, possession by, vii-ix, 
 41. 
 
 Tuttle, Bev., quoted, vii-ix, 21. 
 
 Tweddel, John, 271. 
 
 u 
 
 Ulloa, Antonio de, 163. 
 Unzaga, 165. 
 Upshur, Abel P., 222. 
 
 V 
 
 Vancouver, quoted, 77. 
 
 Vaughan, Benjamin, 232. 
 
 Virginia, English culture in, W. P. 
 Trent on, 189-329 ; slate of culture 
 in, at beginning of century, 197; 
 financial ruin of, 223 ; Gilmer on, 
 256; perambulation in, vii-ix, 100. 
 
 Virginia, University of, 248, 264, 266 ; 
 origin of, 207; located, 208; es- 
 tablished, 209; first salaries in, 
 303; opens, 311. (See Gilmer, 
 Jefferson.) 
 
 w. 
 
 Walker, Francis, 215. 
 Walker, John, 254. 
 Wampum, in Connecticut, vii-ix, 34, 
 36. 
 
172 
 
 Indea, 
 
 [628 
 
 Warham, tll-lx, 92; date of coming 
 of, to Connecticut, 2 1 , 26. 
 
 'Warner, public, in C!onnecticnt, vli- 
 lx,96,99. 
 
 Washington College, 199. 
 
 Watertown, early exodus flrom, to 
 Connecticut, vii-ix, 18; connection 
 of Oldham with, 14; later immi- 
 gration from, 21 ; slae of -lots in. 
 
 Way-wardens, in Connecticut, vii-ix, 
 
 Webster w. Harwington, cited, vii- 
 ix, 121. 
 
 Western Company, 160. ■ 
 
 West Hartford, vii-ix, 78, 76. 
 
 Wethersfleld, diagram of early allot- 
 ments in, vii-ix, 4; earlie*t settle- 
 ment at, 18 ff. ; lands of, 84, 42, 43, 
 44, 45, 46, 47, 48, 49, 61, 62, 63, 64, 
 56 67, 60, 61, 63, 64, 66, 66, 67, 73, 
 74; town oflhhoots of, 76; r'^cers 
 chosen in, 102. (See also Connec- 
 ticut, Constables, etc.) 
 
 Wickham, 197. 
 
 William and Mary College, 19f 211, 
 248. 
 
 Wmiard w. KilUngworth, cited, vl!- 
 
 ix, 121. 
 Wilson, John. 289. 
 Wilson, Woodrow, quoted, 647. 
 Windsor, settlements at, vil-lx, 9, 17 
 ff; claim of, to priority of settle- 
 ment, 17 ; disputes over possession 
 of, 1^; lands of, 84, 42, 48, 60, 61, 
 62, 66, 68, 69, 62, 67, 68 ; town off- 
 shoots of, 76, 76, 77; regulates ad- 
 mission of inhabitants, 87, 88. (Bee 
 also Connecticut, Constables, etc.) 
 Windsor Locks, vli-ix, 75-76. 
 Winslow, Edward, vii-ix, 7, 18. 
 Winthrop, John, vii-ix, 19, 89, 49, 
 
 126; quoted, 16, 22. 
 Wirt, William, 1^7, 217, 221, 23 
 230, 231, 314; quoted, 216, 220; 
 letter to, 264; offered law profea- 
 sorshlp, 312. 
 Wordsworth, Dr. Christopher, 261. 
 
 Young Men's Der ocratlc AssodA* 
 tion, in ^e»v Oi' b, 187. 
 
i / 
 
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