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If bills, other than money bills,
have twice been passed by the
house of representatives and
twice been rejected by the senate
or passed by that body with a-
mendments to which the house
of representatives will not agree,
the governor-general may dis-
solve the two houses simultane-
ously; and if, after the new



21 2



324



Canada under British Rule.



CANADA.



Legislative Powers of the
Parliament of the Dominion.
Respective powers of the fe-
deral parliament and provincial
legislatures are enumerated and
defined in the constitution; the
residuum of power rests with the
central government in relation
to all matters not coming within
the classes of subjects by the
British North America act of
1 867 assigned exclusively to the
legislatures.

The Provinces.

Legislatures may alter pro-
vincial constitutions except as
regards the office of lieutenant-
governor.

Lieutenant-governors are ap-
pointed by the governor-general-
in-council, and removable by
him within five years only for
cause assigned and communi-
cated by message to the two
houses of parliament.



AUSTRALIA.

election, they continue to dis-
agree, the governor-general may
convene a joint sitting of the
members of the two houses, who
shall deliberate and vote upon
the bill, which can only become
law if passed by an absolute
majority of the members sittting
and voting.

Legislative Powers of the Par-
liament of the Commonwealth.
The legislative powers of the
federal parliament are alone e-
numerated, and the states ex-
pressly retain all the powers
vested in them by their respec-
tive constitutions at the establish-
ment of the commonwealth as to
matters not specified as being
within the exclusive jurisdiction
of the federal parliament.

The States.

Constitutions may be altered
under the authority of the par-
liaments thereof.

The constitution of each state
continues (subject to the consti-
tution) as at the establishment of
the commonwealth, or as at the
admission or establishment of
the states, as the case may be,
until altered in accordance with
the constitution of the state. In



Appendix A.



325



CANADA.



Acts of the provincial legisla-
tures may be disallowed by the
governor-general-in-council one
year after their receipt.

/fV>

Education is within exclusive
jurisdiction of the provinces, but
with conditions for the mainte-
nance and protection of rights
and privileges of religious bodies
in a province with respect to
denominational schools.



The federal parliament can
alone impose duties or taxes on
imports.



Similar power.



AUSTRALIA.

other words, the powers of the
states over their own constitu-
tions are preserved.

When a law of the state is
inconsistent with one of the
commonwealth, the latter shall,
to the extent of such inconsist-
ency, be invalid.

No special provisions in the
constitution ; education being
one of the subjects exclusively
within the powers of the state
parliaments, under the clause
leaving them in possession of all
powers not expressly given to
the federal parliament.

A state shall not impose any
taxes or duties upon imports ex-
cept such as are necessary for
executing the inspection laws of
a state; but the net produce of
all charges so levied shall be for
use of the commonwealth, and
such inspection laws may be an-
nulled by the parliament of the
commonwealth.

The parliament of the com-
monwealth may from time to
time admit new states, and make
laws for the provisional adminis-
tration and government of any
territory surrendered by any state
to the commonwealth, or of any
territory placed by the Queen
under the commonwealth, or
otherwise acquired by the same.



326



Canada under British Rule.



CANADA.

The Judiciary.
The same.






No such provision with respect
to diminution of salary during
tenure of office.

Similar provisions by statutory
enactments of Dominion parlia-
ment



No such stringent provision
exists in the Canadian constitu-
tion, but appeals in all civil
though not in criminal cases
are allowed, by virtue of the ex-
ercise of the royal prerogative,
from provincial courts as well
as from the supreme court of
Canada to the Queen-in-council ;
*'.., in practice, to the judicial
committee of the privy council.



AUSTRALIA.

The Judiciary.

The parliament of the com-
monwealth can establish a fede-
ral supreme court, called the
High Court of Australia, and
other federal courts for the
commonwealth; the judges to
be appointed by the governor-
general, to hold office during
good behaviour, not to be re-
moved except upon an address
of both houses of parliament,
but so that the salary paid to any
judge shall not be diminished
during his continuance in office.

The high court can adjudicate
in cases arising out of the consti-
tution, or controversies between
states, or in which the common-
wealth is a party.

Appeals only allowed to Queen-
in-council from high court on
constitutional issues between
commonwealth and any state,
or between two or more states,
when high court gives leave to
appeal. Otherwise, the royal
prerogative to grant appeals is
not impaired. Parliament may,
however, make laws limiting
such appeals, but they must
be reserved for her Majesty's
pleasure.



Appendix A.



327



CANADA.

Judges of the superior and
county courts in the provinces
(except those of probate in New
Brunswick, Nova Scotia and
Prince Edward Island) are ap-
pointed by the governor-general-
in-council, and removable only
r fby the same on the address of
the two houses of parliament.
Their salaries and allowances
are fixed by the parliament of
Canada.

The provinces have jurisdic-

/tion over the administration of
justice in a province, including
the constitution, maintenance,
and organisation of provincial
courts, both of civil and criminal
jurisdiction, and including the
procedure in civil matters in
those courts.

The enactment and amend-
ment of the criminal law rest
with the Dominion parliament.
The enactment and amend-
ent of all laws relating to pro-
perty and civil rights rest with
the provinces.



.



Trade and Finance.
Customs and excise, trade and



AUSTRALIA.

Judges in the states are ap-
pointed and removable under
existing state constitutions, which
the state parliaments can change
at will.



Similar powers in the states.



With the states.



With the states.



Trade and Finance.
The parliament of the corn-



commerce, are within exclusive mon wealth has sole power to
jurisdiction of Dominion parlia- impose uniform duties of customs
ment. and excise, and to grant bounties

upon goods when it thinks it ex-
pedient. As soon as such duties



328



Canada under British Rule.



CANADA.



X



The Dominion government
can veto any such unconstitu-
tional law.









The power of direct taxation
is within the jurisdiction of both
Dominion parliament and pro-
vincial legislatures, the one for
Dominion and the other solely
for provincial purposes.

Both Dominion and provincial
governments have unlimited
borrowing power under the au-
thority of parliament and legis-
latures.

Certain money subsidies are
paid annually to the provinces
towards the support of their
governments and legislatures.



AUSTRALIA.

of customs are imposed, trade
and intercourse throughout the
commonwealth, whether by in-
ternal carriage or ocean naviga-
tion, is to be free.

The parliament of the com-
monwealth may annul any state
law interfering with the freedom
of trade or commerce between
the different parts of the com-
monwealth, or giving preference
to the ports of one part over
those of another.

Direct taxation may be im-
posed by the commonwealth
and by each state within its own
limits but taxation, when exer-
cised by the commonwealth,
must be uniform.

Same is true of commonwealth
and states.



Of the net revenue of the
commonwealth from duties of
customs and excise, not more
than one-fourth shall be applied
annually by the commonwealth
towards its expenditure. The
balance shall, in accordance with
certain conditions of the consti-
tution, be paid to the several
states, or applied towards the
payment of interest on debts



Appendix A.



329



CANADA.



No such provision ; but the
Dominion parliament and pro-
vincial legislatures could by
legislation arrange a similar
commission.

Canada is liable for amount
of the debts and liabilities of the
provinces existing at the time of
the union, under the conditions
and terms laid down in the con-
stitution.



Imperial Control over
Dominion Legislation.
Bills may be reserved by the
governor-general for the Queen's
pleasure, and her Majesty in
council may within two years
after receipt of any Dominion
act disallow the same.
No such provision.



AUSTRALIA.

of the several states. This ar-
rangement is limited to ten
years. Financial aid may be
granted to any state upon such
terms as the federal parliament
may deem expedient. Western
Australia may, subject to certain
restrictions, impose duties on
goods imported from other parts
of the commonwealth.

For the administration of the
laws relating to interstate trade
the governor-general-in-council
may appoint an interstate com-
mission.

The parliament of the com-
monwealth may consolidate or
take over state debts by general
consent, but a state shall indem-
nify the commonwealth, and the
amount of interest payable in
respect to a debt shall be deduct-
ed from its share of the surplus
revenue of the commonwealth.

Imperial Control over
Australian Legislation.

The same.

As the old state constitutions
continue in force until amended
by the state, state legislation is
still subject to power of disallow-
ance by Queen in council.

The governor-general may re-
turn any "law "presented to him
for the Queen's assent and sug-
gest amendments therein, and



330



Canada under British Rule.



CANADA.



The recommendation of the
crown is required before initiation
of a money vote in parliament.

Amendments to the

Constitution.

By the imperial parliament on
an address of the houses of the
Dominion parliament to the
Queen.



AUSTRALIA.

the houses may deal with them
as they think fit.
The same.



Amendments to the

Constitution.

Any proposed amendment to
the constitution must be first
passed by an absolute majority
of each house of the parliament,
and submitted in each state to
the electors qualified to vote for
members of the house of repre-
sentatives. If in a majority of
the states a majority of the
electors voting approve the pro-
posed law, and if a majority of
all the electors voting also ap-
prove the proposed law, it shall
be presented to the governor-
general for the royal assent



331



APPENDIX B.



BIBLIOGRAPHICAL NOTES.

I CONFINE these notes to the most accurate and available
books and essays on the history of Canada.

For the French re'gime consult -.Jacques earner's Voyages,
by Joseph Pope (Ottawa, 1889); Charlevoix's History and General
Description of New France, translated by J. Gilmary Shea (New
York, 1868) ; Coiirs tfhistoire du Canada, by Abb Ferland
(Quebec, 1861); Histoire du Canada, by F. X. Garneau (4th ed.,
Montreal, 1882); F. Parkman's series of admirable histories of the
French re'gime (Boston, 18651884); The Story of Canada (Nations'
Series, London, New York and Toronto, 1896), by J. G. Bourinot,
necessarily written in a light vein, is largely devoted to the days
of French rule, and may profitably be read on that account in con-
nection with this later book, chiefly devoted to British dominion.

For the history of Acadia, consult: Acadia, by James Hannay
(St John, N.B., 1879); History of Nova Scotia, by Thomas C.
Haliburton (Halifax, N.S., 1829). A valuable compilation of
annals is A History of Nova Scotia or Acadie, by Beamish Mur-
doch (Halifax, 1867). Builders of Nova Scotia, by J. G. Bourinot
(Toronto, and "Trans. Roy. Soc. Can.," 1900), contains many
portraits of famous Nova Scotians down to confederation, and
appendices of valuable historical documents.

Cape Breton and its Memorials of the French Re'gime ("Trans.
Roy. Soc. Can.," vol. IX, and in separate form, Montreal, 1891) by
J. G. Bourinot, gives a full bibliography of voyages of North-
men, the Cabots, Carder, and Champlain, and of the Histories of
the Seven Years' War. The same remarks apply to Winsor's
Narrative and Critical History of America (Boston, 1886 89).



33 2 Canada under British Rule.

The "Trans. Roy. Soc. Can.," since 1894, have several important
papers by Archbishop O'Brien,. Dr S. E. Dawson, and others on
the Cabot discovery.

British rule, 1760 1900: Garneau's History ', already men-
tioned, gives the French Canadian view of the political situation from
1760 until 1840; William Kingsford's History of Canada (Toronto,
1887 1898) has a fairly accurate account of events from 1760 until
1840, in vols. V X ; A History of Lower Canada, by R. Christie,
a member of the assembly of the province (Quebec, 1848 1854)
is very useful for copies of public documents from 1774 until 1840.

The most important accounts of the U. E. Loyalists of the
American Revolution by writers in the United States are :
L. Sabine's Loyalists (Boston, 1864), and Tyler's Literary History
of the American Revolution (New York, 1897). Canadian accounts
are to be found in Egerton Ryerson's Loyalists of America (To-
ronto, 1880) remarkably prosaic and CannifPs History of Upper
Canada (Toronto, 1872). Consult also articles of J. G. Bourinot
in the Quarterly Review for October, 1898, and the Canadian
Magazine for April, 1898, in which names of prominent Canadian
descendants of Loyalists are given.

Kingsford's History, vol. VIII, has the best Canadian account
of the War of 1812 15. The most impartial American record of
its causes and progress is Henry Adams's History of the United
States of America (New York, 1860), vols. VI and VII.

Garneau's History gives the most favourable estimate of Papi-
neau and his party, who brought about the Rebellion in Lower
Canada. Kingsford (vols. IX and x) writes impartially on the
risings in the two Canadas.

Other works to be consulted are : Lord Durham's Report on
the Affairs of British North America (London, 1839); Life of
W. Lyon Mackenzie, by Charles Lindsey, his son-in-law (Toronto,
1863); The Upper Canadian Rebellion, by J. Charles Dent (To-
ronto, 1885). The Speeches and Letters of the Hon. Joseph Howe
(Boston, 1858) contain the ablest expositions of the principles of
responsible government by its greatest advocate in British North
America. See also Campbell's History of Prince Edward Island
(Charlottetown, 1875). New Brunswick has not a single good
history. The Life and Times of Sir Leonard Tilley, by James
Hannay (St John, N.B. 1897), can be read with advantage. See



Appendix B. 333

Prof. Ganong's valuable essays on the early history of New Bruns-
wick in "Trans. Roy. Soc. Can.," New Series, vols. I v. Rev. Dr
Withrow's History of Canada (Toronto, 1888) has chapters on
affairs of Prince Edward Island, New Brunswick and Nova Scotia,
to date of publication.

For the history of Canada since 1840, consult : Canada since the
Union (18401880), by J. Charles Dent (Toronto, 1880 81); Le
Canada sous F Union, by Louis Turcotte (Quebec, 1871); Memoirs
of the Right Hon. Sir John A. Macdonald, by Joseph Pope, his
private secretary (London and Ottawa, 1894); Debates on Confede-
ration (Quebec, 1865); Confederation, by Hon. J. H. Gray, M.P.,
a delegate to the Quebec Conference (Toronto, 1872).

For the constitutional development of Canada, consult: A
Manual, by J. G. Bourinot (Montreal, 1888, and included in latest
edition of his Parliamentary Procedure, 1891); How Canada is
Governed, by the same (Toronto, 1897 1900); Parliamentary
Government in the Colonies, by Alpheus Todd (London, 1894);
Documents illustrative of the Canadian Constitution, by W. Hous-
ton (Toronto, 1891). Parliamentary Govermnent in Canada, by
J. G. Bourinot (Amer. Hist. Association, Washington, 1892, and
"Trans. Roy. Soc. Can.," 1892), contains a long list of books
relating to the constitutional history of Canada. Also consult How
Canada is Governed for works on constitutional, legal, municipal
and educational history of the provinces of Canada.

For Manitoba and the North-west Territories the reader may
consult : Manitoba : its Infancy, Growth and Present Condition,
by Rev. Prof. Bryce (London, 1882); History of the North-west,
by A. Begg (Toronto, 1894) ; The Great Company, by Beckles
Wilson (Toronto and London, 1899); Reminiscences of the North-
west Rebellions, by Major Boulton (Toronto, 1886). A remarkable
History of the Hudson's Bay Company, by Rev. Prof. Bryce
(London, New York and Toronto, 1900). For British Columbia :
A. Begg's History (Toronto, 1896).

For the literary progress of Canada, consult: The Intellectual
Development of the Canadian People, by J. G. Bourinot (Toronto,
1881) ; Canada's Intellectual Strength and Weakness ("Trans. Roy.
Soc. Canada," vol. XI, also in separate form, Montreal, 1893), by
the same, contains an elaborate list of Canadian literature, French
and English, to date. The 17 volumes of the same Transactions



334 Canada under British Rule.

contain numerous valuable essays on French Canadian literary
progress.

Other valuable books to be consulted are : Canada and New-
foundland in Stanford's Compendium of Geography and Travel
(London, 1897), by Dr S. E. Dawson, F.R.S.C.; The Statistical
Year Book of Canada, a government publication issued annually
at Ottawa, and edited by Geo. Johnson, F.S.S. ; The Great Do-
minion (London, 1895), by Dr G. R. Parkin, C.M.G., LL.D., the
eloquent advocate of imperial federation for many years, merits
careful reading. Canada and the United States, in Papers of the
Amer. Hist. Assoc. (Washington, July, 1891), and Canada and the
United States : their Past and Present Relations ; in the Quarterly
Review for April, 1891, both by the present author, have been
largely used in the preparation of the last chapter of this book.

With respect to the boundaries of Canada and the English
colonies during the days of French dominion, and from 1763 until
1774 i.e. from the Treaty of Paris until the Quebec Act consult
a valuable collection of early French and English maps, given in
A Report on the Boundaries of Ontario (Toronto, 1873), by Hon.
David Mills, now Minister of Justice in the Laurier government,
who was an Ontario commissioner to collect evidence with respect
to the western limits of the province. Consult also Prof. Hinsdale's
Old North-west (New York, 1888); Epochs of American History,
edited by Prof. Hart, of Harvard University (London and Boston,
1893); Remarks on the French Memorials concerning the Limits
of Acadia (London, 1756) by T. Jefferys, who gives maps showing
clearly French and English claims with respect to Nova Scotia
or Acadia "according to its ancient limits" (Treaty of Utrecht).
These and other maps are given in that invaluable compilation,
Winsor's Narrative and Critical History of America. See also
Mitchell's map of British and French possessions in North America,
issued by the British Board of Plantations in 1758, and reprinted
(in part) in the Debates on the Quebec Act, by Sir H. Cavendish
(London, 1839). For text of Treaties of Utrecht (1612), of Paris
(1763), of Quebec Act (1774), and other treaties and imperial acts
relating to Canada, see Houston's Documents, cited above, p. 329.
The maps of Canada and the disputed boundary in Alaska, which I
give in this book, are taken from the small maps issued in 1899 by
the Pepartment of the Interior at Ottawa.



Appendix B. 335

NOTE. Since the late Sir John Bourinot prepared his Biblio-
graphical Notes in 1900, many new works have appeared. On
the question of the relation of Colonies to the Mother Country,
Professor Egerton's Short History of British Colonial Policy
(new edition, London, 1909), and Mr Richard J ebb's Studies
in Colonial Nationalism (London, 1902) are important. Other
books are :

On the French regime : Baxter, Jacques Cartier (New York,
1906); Gravier, Vie de Samuel de Champlain (Paris, 1900 the
Champlain Society, Toronto, announces a new edition of the works
of Champlain in six volumes; Munro, Seigniorial Tenure in
Canada (New York, 1907), and Documents relating to Seigniorial
Tenure in Canada (Toronto, 1908).

On the British Conquest: Doughty and Parmelee, The Siege
of Quebec (Quebec, 1902), six volumes, including many documents;
Wood, The Fight for Canada (new edition, Boston, 1906) ; Bradley,
The Fight 'with France for North America (new edition, London,
1909).

On the British regime: Bradley, The Making of 'Canada, 1763
1815 (London, 1908); Lucas, The History of Canada, 17631812
(London, 1909), and The Canadian War of 1812 (Oxford, 1906);
Bradshaw, Self -Government in Canada (London, 1903), relating
to the rebellion of 1837 and its results; Willison, Sir Wilfrid
Laurier and the Liberal Party (Toronto, 1903) ; Siegfried, Canada,
Les Deux Races (Paris, 1906), translated as The Race Question
in Canada (London, 1907), is a discriminating study; Bradley,
Canada in the Twentieth Century (London, 1903), is an excellent
account of present-day conditions.

On constitutional history: Shortt and Doughty, Documents
relating to the Constitutional History of Canada, 1759 1791 >
Egerton and Grant, Canadian Constitutional Development shown by
selected Speeches and Despatches (London, 1907).

The Makers nf Canada (Toronto, Morang & Co.) is a series
of twenty volumes of lives of Frontenac, Laval, Lord Dorchester, Sir
Isaac Brock, Sir John Macdonald, and other leaders in the
development of Canada. A multitude of books has appeared on
the Canadian West in recent years. These and all other current
works relating to the history of Canada will be found mentioned



336 Canada under British Rule.

and reviewed in The Review of Historical Publications relating to
Canada (vols. I XIII, 1896 1909), an annual volume issued by
the University of Toronto on the publications appearing in each
year.



INDEX.



Abbott, Sir John; prime minister
of Canada, 257; death of, ib.

Aberdeen, Earl of; governor-general
of Canada, 265-267

Aberdeen, Lady, 267

Acadia College, N. S., founded,
163

Acadie or La Cadie ; name of, 8 ;
settled by France, 8, 9 ; ceded to
Great Britain by Treaty of Utrecht
(1713), 9; French inhabitants ex-
pelled from, 22, 23

Adams, President John; on the U.
E. Loyalists, 76

Ala sk an Boundary , 3 1 4-3 16; map
of, 315

Alberta, province of; established,
238, 277, 293

Alexander, Sir William (Lord Stir-
ling) ; names Nova Scotia, 1 1

Allan, Sir Hugh; contributes funds
to Conservative elections, 236 ;
results of, 237

Allouez, Father ; founds mission at
La Pointe (Ashland), 17

Almon, M. B. ; banker and poli-
tician of Nova Scotia, 178

American Revolution; causes of,
56-65 ; momentous events of, 63-
67; its effects upon Canada and
Maritime Provinces, 67-74, 81

Angers, lieutenant-governor; dis-
misses Mercier ministry in Que-
bec, 247

Anglican Church : first built in
Upper Canada, 84

Annand, William ; Nova Scotian
journalist, and first minister of



province after Confederation, 218
Annapolis (Port Royal) named, 9
Archibald, Sir Adams; delegate to
Quebec Convention of 1864, 204;
first lieutenant-governor of Mani-
toba, 230

Architecture in Canada, 288, 289
Art in Canada, 288
Assiniboia ; name of Lord Selkirk's

domain in North-west, 225
Australia, Commonwealth of; con-
stitution of, 282, 283 ; comparisons
between Canadian and Australian
federal systems, 319-330 (Ap-
pendix A)

Baccalaos, or Newfoundland, 8

Bagot, Sir Charles ; governor-gene-
ral of Canada, 169

Baldwin, Robert; efforts of, for
responsible government, 168, 169;
joint leader with Lafontaine in
Reform ministry, 170, 173; ad-
mirable character of, 184

Ballot, vote by; established, 239

Basques in Canada, 5

Batoche, N. W. T. ; victory of loyal
Canadian forces at, in second
North-west rebellion of 1885,

2 53

Bay of Chaleurs Railway; scandal

connected with, 247
Bering Sea dispute, 312, 313
Bibliographical notes, see App. B
Bid well, Marshall Spring; reformer
of Upper Canada, 146, 149, 151;
unjust treatment of, by lieutenant-
governor Head, 153



B. C.



338



Canada under British Rule.



Big Bear, Indian Chief in N. W. T. ;
rebels against Canada and is
punished, 253, 254

Bishop's Palace; first parliament
house of Lower Canada, 92, 160

Blair, Mr; Canadian statesman,



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