The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-10-01
Tho Canadian Constitution.

The Constitution OF Canada diners from
that OF Great Britain In being mbodi
practically in a single fundamental low. the
British North American act and Its amend
ments. thus resembling our " Constitu-
ton; and 1t differs from ours In being not
wholly In writing. but in being built upon
tho we'll understood principles OF the Brit
ish Constitution" which are scattered
through laws, law reports. Parliamentary
journals, and to some extent exist In tradi-
lions. only Of late years reduced to writing.
In Mr.. JOHN GEORGE BoURINoT's work on
parliamentary Procedure and Practice IN
Canada" the growth OF Parliamentary or
constitutional government in Canada Is
instructlvely described. The history OF
Parliamentary. institutions there begins
near the end OF the eighteenth century.
While Canada remained in the possession
Of France the inhabitants were never
represented in Legislative assemblies and
never exercised any control over their
purely local affairs by frequent town
meetings, in this respect occupying .
position very different rom that OF the
English colonists in America. The first
Government. established by SAMUEL CHAM
PLAIN, was invested with alarge authority.
the Governor exercising all the powers Of
civil and military rule necessary for the Sc
curity and peace OF the colony. he had o
Council. but was not bound to follow It's
advice. After 1868 the Government was
brought more directly under the control OF
the King. who ruled by a Governor md IN
.Intendant. A Council. wherein the Bishop
sat. assisted the Governor; 1t made laws.
sat as O court Of last resort. and was practi-
cally a provincial PurLement de Paris. Pro-
vision had been made for local self-govern-
ment. but the Governors opposed its appli-
cation. and the people. habitan4s as well as
sei0neurs. were without influence IN the
Government.
In 178O Canada became q colony OF Great
Britain: but for fourteen years the Govern
ment was administered by military rulers.
the French Inhabitants refusing to . K the
oath OF allegiance which alone opened to
them the right OF self-rule under British
colonial laws. In l77a the Quebec act was
passed, which substituted the laws and
usages Of Canada for English law. and on.
acted that in all matters Of civil contro-
versy recourse should be had to the French
civil procedure. while the criminal law Of
England should prevail.
In 1871, owing to the migration into Can
ada Of the persons whom we call Tories
and the Canadians call United Empire 10y
alists, the constitutional act was passed
creating the two provinces Of Upper and
Lower Canada. with one Governor-General.
and O Legislative Council and Assembly in
each province. the members OF the former
bodies being appointed by the Crown for
life. But trouble followed trouble under
his law. The assemblies tried to obtain
exclusive control OF the supplies. the Gov
ernors to make themselves independent Of
the legislature: and The discomfort pro-
duced by these contests eliminated In the
rebellion OF 1878.
This resulted in the Union act OF 1910. by
which a Parliament was formed for the
united provinces OF Upper and Lower Can
ada. The act was the beginning Of a new
era In the constitutional history Of Canada
as we'll Al OF the other provinces Of British
North America. It admitted the all-impor-
tant principle that the Ministry advising
the Governor should possess the confidence
OF the representatives OF the people assem-
bled in Parliament. Within six years the
legislature obtained complete control Of
the civil list and supplies. a question dis
puted seriously for years between tho col
onies and Great Britain: and soon there
after Canada found horself completely free
from all imperial Interference in matters
affecting trade and commerce.
Tho union lasted until 1867; but for some
years before that time there had been jeal-
ousies between tho two provinces. prin-
cipally on tho question OF representation.
By tho Union oct each province had the
same representation: In lSAO Lower Canada
had tho larger population. In 1852 Upper
Canada had. 30 that neither was satisfied.
In 1864 delegates met at Quebec from the
five provinces Of British North America.
and agreed upon seventy-two resolutions.
which form tho basis Of the Dominion
act" OF 1867. passed Ivy tho imperial Parlla-
mont March 20, 1867. and going into effect
on July / Of the same year. the Canadians
thus celebrating their Dominion Day only
three days ahead OF our Independence Day.
The rest Of Mr.. B%oURINor's book dis
cusses this act and its workings. Under
tho provisions OF this act the present Do
| minion OF Canada. consisting Of eight prov
inces. 10 governed with a government quite
as republican In fact as ours. and with q
closer relationship between the electors and
their representatives than exists with US.
The sovereign is represented by Q Gov.
ernor-General. who Is authorized to exer
else oil powers lawfully belonging to the
Queen with respect to Parliament: to as
sent to or reserve for royal consideration
all laws: to pardon criminals. and TO ap'
point and suspend all Ministers of State
| JudUes. and other nublio of1cars. Tn
Queens Privy Council for Canals" aids
the Governor-G General; In accordance with
the principles OF the British constitutions
system. this Council represents the views
OF the majority OF the representatives IL
Parliament. and can hold Office only so Ions
as its members retain the confidence Of the
House OF Commons.
The Parliament consists Of two Houses