The Republican journal. [volume] (Belfast, Me.) 1829-current, 1901-03-28

Average VI lllell yearly DuSllltSS. L I've
hundred barrels will 60 to Portugal.
British Rule in the Dominion of Canada.
If we come to recapitulate the various
constitutional authorities Which now
govern the Dominion in its external and
internal relations as d apendency of the
Grown, we find that they may be divid-
ed for general purposes as follows:
l. The King.
,. The Parliament of Great Britain.
3. The Judicial Committee of the
Privy Council.
4. The Secretary of State for the Col
onies, special adviser of the King in col
onial affairs.
). The Government of the Dominion.
6. The Government of the Provinces.
Z. The Courts of Canada.
We see that at the head of the eXecu-
tive power of the Dominion is the King
of England, guided and advised by his
privy council, whose history is coexist-
ent with that of the regal authority it.
self. Through this privy council, of
which the cabinet is only committee,
the sovereign exercises that control over
Canada and every other colonial Deepen
dency which is necessary for the pres
ervation of the unity of the Empire and
the observance of the obligations that
rest upon it as a whole. Every act Of
the Parliament of Canada is subject to
the review of the King in council, and
may be carried from the Canadian courts
under certain legal limitations, to the
judicial committee of the privy council,
one of the committees which still repre-
sent the judicial powers of the ancient
privy council of England.
The Parliament of Great Britain-a
sovereign body limited by none of the
constitutional or legal checks which re-
strict the legislative power of the Unit
ed States Congressman still, and does
actually, legislate, from time to time
for Canada and the other colonies of
the Empire. From purely legal stand
point, the legislative authority Of this
great assembly has no limitation; and it
might be carried SO far as not merely
to restrain any of the legal powers of
the Dominion as set forth in the British
North America Act Of 1867, but even to
repeal the provisions of that imperial
statue, in whole or i'll part.
But while the sovereign of Great
Britain, acting with the advice of the
privy council and of the great legisla-
tive council of the realm, is legally the
paramount authority in Canada, as in
all other portions of the Empire, his
prerogatives are practically restrained
within certain well understood limits,
so far as concerns those countries to
which have been extended legislative
institutions and a very liberal system of
local self government. 1t is now rec
ognized maxim of parliamentary law
that it is unconstitutional for the I'm
perial Parliament to legislate for the
domestic affairs of colony which has
a legislature of its own. In any review
of the legislative acts of the Dominion,
the Government of England has for
many years past fully recogized those
principles of self government which
form the basis of the political freedom
of Canada. No act of the Parliament
of the Dominion can now be diSalloWed
unless it is in direct conflict with i'm
perial treaties to which the pledge of
England has been solemnly given, or
with a statute of the imperial legisla-
ture which applies directly to the de-
tendency.
The general rule is, that no act of the
dIlldIltllU tnG
unless an intention so to bind them APP
pears either by express words or neces-
sary implication. The imperial Parli-
ment may legislate in matters imme-
diately affecting Canada; but it is under
stood that it does so, as a rule, only in
response to addresses of her people
through their own Parliament, in order
to give validity to the acts of the latter
in cases where the British North Am
erica Act of 1867 is silent, or has to be
supplemented by additional imperial
legislation.
That act itself was not a voluntary
effort of imperial authority, but owes
its origin to the solemn expression of
the desire of the several legislatures of
the provinces, as shown by addresses to
the Crown, asking for an extension of
their political privileges. Within the
defined territorial limits of those powers
which have been granted by the imper-
ial Parliament to the Dominion and the
provinces, each legislative authority can
exercise powers as plenary and ample
as those of the imperial Parliment itself,
acting within the sphere of its extended
legislative authority. Between the par
ent State and it's Canadian dependency
there is even now a loose system of fed
Grafton under which each governmental
authority ayaroiSpS cortain adm in istro