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Photograpliic

Sciences

Corpordtion

23 WEST MAIN STREET

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(716) 872-4503

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32X

GOVERNMENT

CANADA AND THE UNITED STATES

COMPARED.

G^EORGE F. HOAR

From Prockrdings of thk American Autiquahian Society, at tiik
Semi-Annual Meeting, April 29, 1891.

Wotrcister, mm., n. ^, ^,

PRESS OF CHARLES HAMILTON,

811 MAIN STREET.

1801.

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GOVERNMENT IN CANADA AND THE UNITED STATES

COMPARED.

The history of the relation between Canada and the
United States, from a time preceding the War of Independ-
ence until to-day, affords a remarkable instance how little
the relations of communities with each other are determined
by their interests or by mere reason. The desire of our
statesmen at the time of the Revolution that Canada should
join with us in throwing off the yoke of Great Britain, and
that she should become a part of our confederacy, is well
known. Undoubtedly a like desire has possessed the great
body of the American people ever since. It would have
seemed that everything in the condition and interest of
Canada would have promoted the accomplishment of this
desire. Along her whole border, now extending for more
than 4,000 miles, the physical conditions are such as
tend to union rather than to separation. Nature seems to
have designed her several provinces for union with the
United States, if not for separation from each other.
Canada had been brought under the authority of England
but twelve years before our Revolution, by conquest. Her
people were descended from England's hereditary rival and
foe. Language, interest, religion, history, tradition, the
memories of wars going back to the earliest days of the
civilization of the two countries, would seem to have made
it impossible that the French Catholics of England's North
American provinces would ever abide content under the
British yoke. Yet England never had a colony so obedient
and so tranquil.

The question of our relations with Canada is now pressing
upon the American people as never before. Every Cana-
dian engaged in productive or profitable industry, whether
a tanner, miner, manufacturer, lumberman, or fisherman
is either a customer, a source of supply, or a competitor of
some American. The Canadian lines of railroads, which
now cross the continent, which have been constructed at a
cost of more than £120,000,000 sterling, originally intended
to be competitors with the railroads of America as well
as military roads, have become largely tributary to the
United States, are building up American cities at the ex-
pense of those of Canada, and enable New England and the
Northwest to hold their own in the rivalry between them
and the communities of the Middle States and the South
Out of the present condition of things there has come such
large advantage to us that the stream of emigration from
Canada to the United States is probably at this time lar<rer
than from any other country in the world in proportion'' to
the capacity of the fountain. More than one million Cana-
dians are now upon American soil. They are amoncr the*
most energetic and valuable of that people. There are
regions in Canada which have been abandoned by all their
young men, who have sought occupation here. I was told
of a single township where, on a voting-list made up two
years ago, there were two hundred and eighty-six names
sixty-six of whom within that time have come to this coun-
try. The historical scholars of the United States may
therefore, well deem it as much within their province to
make their countrymen tamiliar with the history, traditions
and institutions of Canada, as if it were already embraced
within the Union itself.

It is the purpose of this essay to give a brief outline of
the Constitution of Canada, to show what portion of it has
been derived from the United States, and what portion of it
18 of Briti.-h origin. This will be done without an attempt
to bring to light any historical fact not generally known, or

to add anything new to information now readily accessible,
but only in the hope that it will tend to stimulate the inter-
est which American scholars already feel in the engaging
subject of Canadian history and institutions, around which
the genius of Parkman has already thrown so resplendent
a light.

The tefm Canada throughout this essay will be applied to
all the territory of North America lying north of the United
States (of course not reckoning Alaska), together with the
adjacent islands which are subject to Great Britsiin, although
Nevvfoundlantl and Labrador are not included in the politi-
cal organization known as the Dominion of Canada.

This domain, as L s been said, borders upon our own for
more than 4,000 miles. It contains 3,610,000 square miles,
or, excluding water surface, 3,470,257 square miles. It is
connected politically with the power which is our principal
manufacturing and commercial rival in peace, and which
would be most formidable to us as an antagonist in war.
Its institutions are largely model<!d upon our own, and,
where they tlifter from our own, afford a Held of interesting
and profitable study. The two countries have in *eneral
the same language, similar laws and a common literature.

Canada, though in theory and in fact, dependent on the
Parliament of Great Britain for her constitutional and legal
rights, is, in a large degree, a self-governing people. ITcr
system of government is copied, in many of its features,
from that of tlio United States. In others, she follows the
methods of Great Britain. Since the conquest of Canada
from the French, which was followed by the Convention
signed September 8, I7()0, her dependence on Great Britain
has been unquestioned. Various powers and {)rivi leges of
sclf-ffovernment have been conferred on her from time to
time. But those came from the bounty and grace of the
power to which she was subject, and were not asserted as
birthrights, as was the case with the United States.

The Act of Parliament of March 29, 1867, known and

cited as the British North America Act, united the Prov-
inces of Canada, Nova Scotia and New Brunswick under
the name of the Dominion of Canada, provided constitutions
of government for the Dominion and the several Provinces,
and prescribed the conditions under which Newfoundland,
Prince Edward Island, British Columbia, Rupert's Land
and the Northwest Territory might thereafter be admitted
to the confederacy or union so created.

Since 1867, all the British possessions on the continent
of North America to the north of the United States, and all
the islands adjacent to such possessions, except Newfound-
land and Labrador, have been included within the Dominion
of Canada.

The Constitution of the Dominion has taken from the
United States her modification of the federative principle
Like the United States, Canada has local government in
the different provinces, and a general federal government
with authority over the entire Dominion, whose jurisdiction
depends upon the subject-matter, and not upon local bound-
aries, and whose legislative, executive and judicial powers
operatie directly upon the citizen. As in the United States,
the central and the local powers are kept each within its
own domain by the authox-ity of a supreme judiciary.

While many things which we think essential to self-gov-
ernment and to the due security of personal and individual
rights are not enjoyed by the people of Canada, in one most
important respect the will of her people takes effect in legis-
lation more directly and eflfectively than does that of the peo-
ple of the United States. The British North America Act
was passed after our Civil War. Its authors conceived that
they had so thoroughly studied our system as to be able to
avoid its defects. The theory of the Constitution of Canada,
if that term may properly be applied to an act of legislation
which may be at any time revoked or altered at the jjleasure
of the Legislature which enacted it, is that the power of the
Queen and Parliament of Great Britain over Canada is sov-

ereign and unlimited. The people of the United States, or
of the colonies which now form part of the United States,
never recognized such authority in Great Britain, and do
not admit the existence of unlimited powers of government
over them to be vested anywhere. The British North
America Act of 1867 is not strictly a constitution amenda-
ble only by the people, or even a charter, operating as a
grant of political power which can only be forfeited by judi-
cial decision, or surrendered by the people whom it affects.
It has no higher authority than any other act of ordinary
legislation. It is probable that the desire of Great Britain
to retain the allegiance of her dependencies, and the lesson
that power has learnt from her conflict with the people of
the territories now composing a large part of the United
States, render the liberty of Canada practically secure
against any domination of Parliamentary authority or im-
perial encroachment of any kind. But, legally and theoreti-
cally, Canada, in respect of her liberties, is but a tenant at
the will of Great Britain. In the United States, all powers
not granted to Congress are reserved to the States or the
people. In Canada, al! powers granted to the Provinces
are subject to the Dominion or to Great Britain. She has,
moreover, no Bill of Rights. The doctrine which lies at
the foundation of every American system of government,
state or national, that there are domains upon which nc
human authority can be permitted to enter, and acts which
no human power shall be permitted to do, is unknown to her.
In her foreign relations, Canada is wholly under British
control. She has no voice in the treaty-making power, or
in making war or peace. Any wise administration in Great
Britain would doubtless consult Canadian statesmen in mak-
ing a treaty, and would give her, when convenient, a repre-
sentation in the negotiation, where Canadian interests were
specially affected. In several very important cases recently
she has been so consulted. But the final authority is that of
Great Britain. She may plunge Canada in war against her

interest, her wishes, even her honor ; or may seriously
injure her by treaties with other nations in peace. Great
Britain has just rejocicd an arrangement which Newfound-
land desired with the United States in consequence of the
remonstrance of the Dominion.

The veto power, if kept in force in practice according to
the letter of the provisions of the British North America
Act, not only leaves little of the local self-government to
the Provinces, but is a most serious restraint upon the pop-
ular will in federal or general legislation. This power
whenever exerted is absolute. No legislative body, how-
ever large the majority or entire the unanimity, can pass a
bill over the veto. The pardoning power for the Provinces,
as well as for the Dominion, is vested in the Governcw-
General.

In each Province the chief executive power is vested in a
Lieutenant-Governor, who is appointed by the Governor-
General in Council, and whose salary is fixed and provided
by the Parliament of Canada. Every bill passed by the
legislature of a Province must be presented to the Lieuten-
ant-Governor, who may either assent to it, withhold assent
to it, or reserve it for the consideration of the Governor-
General. If he withhold assent, the ))ill fails to become a
law. If he assent, it may be disallowed by the Governor-
General at any time within one year. If he reserve it, it
does not become a law unless the Governor-General assent
within one year.

In the same way all acts passed by the Parliament of the
Dominion may be assented to by the Governor-General in
the Queen's name, may be reserved for the royal pleasure,
or the Governor-General may declare that he withholds the
royal assent. In the first case the act becomes law. In the
second, it fails to become law, unless assented to by the
(^ueen within one year. In the last case, it is defeated.

Further, bills for appropriating any part of the public
revenue, or for imposing any tax or impost, must, if in the

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Dominion Parliament, originate in the House of Commons,
and if in the legislature of a Province, in the popular
branch. No such measure can be adopted or passed in
cither, unless it has first been recommended by the Gov-
ernor-General or Lieutenant-Governor in the session at
which it has passed.

The Senate of the Dominion Parliament is composed of
Senators, originally not exceeding seventy-eight in number,
now limited to eighty-two, who are required to have a
property qualification, and who are appointed by the Gov-
ernor-General for life. The Speaker of the Senate is ap-
l)ointed by the Govei'nor-General, jmd is removable by him.
The Constitution of the legislative bodies of the Provinces
is not uniform. In Ontario, the L,egislature consists of the
Lieutenant-Governor and one House. In Quebec, there
are two Houses. The Senate is composed of twenty-four
I)ersons, who arc appointed by the Lieutenant-Governor for
life, until the Legislature shall otherwise provide. In Nova
Scotia and New Brunswick, there are two Houses, the
members of one of which are appointed for life by the Lieu-
tenant-Governor. In Prince Edward Island, there are two
Houses, both elected. In Mauitcba and British Columbia,
there is but one House.

The judges of the principal courts of the several Piov-
inces, as well as of the Dominicn, are appointed l)y the
Governor-General. Their salaries:, are fixed and maintained
by the Parliament of the Dominion, and are entirely subject
to its control.

The Queen is declared to be a part of the Dominion
Parliament.

The executive power of the E'ominion is vested in the
(^ueen, who exercises it through the Governor-General,
whom she appoints and removes at pleasure. His salary,
now fixed at £10,000, cannot be reduced without his con*-
sent. He appoints the principal executive oflScers for the
Dominion. In the Provinces these oflacers are appointed
by the Lieutenant-Governor.

It will be seen that, according to the scheme of the Cana-
dian Government, the authority of the Dominion controls
and restricts that of the Proyince at every point. The au-
thority of the Queen controls and restricts that of the Domin-
ion at every point. No law involving raising or expending
money can be introduced except on the recommendation of
the Governor-General appointed by the Queen, or passed
without the concurrence of the Senate, appointed by her
representative, or go into eftect until approved by her repre-
sentative, or by herself in Council. Canada can neither
raise a penny nor spend a penny unless the Government
propose the tax or the expenditure. No people claiming to
be self-governed were ever placed in so tight a constitu-
tional straight-jacket before. But in practice the popular
control over legislation is secured in another way resem-
blinff that of Great Britain. Canada has avoided the re-
striints which exist in the Constitution of the United States,
which tetter the initnediate action of the popular will, and
make a change of legislative policy <..> difficult here. In
the United States the executive power can change but once
in four years. The veto power is vested in the President,
which can be overcome only by a two-thirds vote in each
legislative chamber. The legislative power can be trans-
ferrcid from one party to another only when the majority in
each House has been changed. It frequently happens, us
was the case during the whole period from 1875 to 1889,
that the United States is without the possil)ility of national
legislation, except in the case where the two political parties
'nto which the nation is divided are agreed. So with re-
gard to foreign relations. Treaties can be made only with
the concurrence of two-thirds of the Senate. Ordinarily,
therefore, no treaty can ever be made without the concur-
rence of two parties into v;hich the country is divided.

On the dther hand, the Government of Canada is carried
on by a Ministry, api)ointed indeed by the Governor-(}en-
eral, but responsible to the House of Connnons, and chang-

:hani!:es.

In this

ing when the majority in that House
respect the English system prevails here.

It is sometimes claimed that the veto power of the Queen
over the Acts of the Dominion Parliament, like that of the
Queen in Great Britain, which has been ol)solete since
1704, is a power never again to be used. Mr. Bourinot
expressed this view in his paper read before the American
Historical Association. But it is difficult to believe that
Great Britain would treat a great constitutional power as
obsolete, which was expressly reserved in a echerae of gpv-
ernment enacted in 1867, and which has been exercised
since that time.

Both parties in Canada have laid it down in their plat-
forms that the veto power should not be exercised l)y the
Dominion authority over Provincial legislation " in case of
acts clearly and unequivocally within the legal and consti-
tutional powers of the Province." Mr. Bourinot admits
that there is a latent peril in this power, even so restrained,
in times of excitement, and that it would have been letter
to leave it, as we do, to the Courts

We suppose the veto power reserved to the Queen in
Council would be exercised only where such veto seemed
to her advisei'S in England necessary for the preservation of
the royal authority, or the existing constitutional relation
of Canada to the Empire. The veto power reserved to the
Governor-General or to the Lieutenant-Governors in the
Provinces, is, we suppose, a living and real power. There
were forty-five cases of disallowances of Provincial acts be-
tween 1867 and 1887. The {)ower seems so far to have
been exercised with great caution and discretion.

Another practice, also, has grown up under which Provin-
cial acts are commented on, that is, the Minister of Justice,
acting for the Governor-in-Council, has pointed out to the
Provincial Government the particulars wherein certain
measures are objectionable. In such eases, they have been
amended or abandoned.

wmM

Provincial Acts are disallowed on three grounds, viz. : —

As not within the power of the Provincial legislatures ;

As in conflict with Federal legislation ;

As prejudicial to the advantage of the Dominion as a
whole.

« The latter ground would include the objection that the
act was in violation of common right.

As the Governor-General in exercising this power is gov-
erned by the advice of the Ministry, who are the jmlitical
leaders of the majority in the Dominion House of Com-
mons, these vetoes are likely, in many cases, to be regarded
by the opposition as political, especially if the vetoed meas-
ure were introduced by the governing party in the Province,
being opposed to that of the Dominion.

The power vested in the Governor-General to reserve
acts of the Dominion Parliament has been exercised in a
few instances. An example is the Copyright Act of 1872,
where the Royal assent was refused.

The Governor-General is instructed so to reserve meas-
ures which in his judgment are inconsistent with (ircit
Britain's treaty obligations, which prejudice the rights of
British subjects outside Canada, or which strike at the
(Queen's supremacy, and, perhaps, others where like objec-
tions exist.

The preamble to the British North America Act recites
that "the Provinces of Canada, Nova Scotia, and New
lirunswick have expressed their desire to l»e federally united
wit h the Dominion under the crown of the United Kingdoni
of Great Britain and Ireland, with a constitution similar in
principle to that of the United Kingdom." The essential
resemblance of the Canadian constitution to that of (freat
Britain, and its essential difference from that of the United
States, is shown by the fact that the administration is re-
sponsible to the House of Commons, and the Ministry must
resign if they cease to be in accord witli that uuijority.
The appointment of all judges and senators, and of the

Speaker of the Senate and all executive officers, the allow-
ance or disallowance of the acts of Provincial legislature s
the introduction of bills for raising and expending money,
in <'cneral all executive administration and the institution
and conduct of all important legislation, depends upon the
will <;f a majority of the House of Commons. The num-
ber of Senators is limited. So that the resistance of the
Senate to the desire of the House of Commons, cannot be
overcome by the appointment of new Senators, as that of
the House of Lords to the will of the Commons by a creation
of Peers.

While, therefore, changes in the executive government
and in the administration of that government respond to the
popular will as represented by a majority of the House of
Commons, in a manner unknown to the United States or to
any of our Stales, if it were desired to declare the inde-
pendence of Canada or to unite her to any other country,
or to make for her a commercial union with any other coun-
try, which should give that country large advantages which
were denied to Great Britain, the promoters of the plan
must not only be able to overcome all the influences of
■pah-onage, of attachment to England, of jealousy of other
countries, of conservatism, of the interests which bind in-
fluential men and strong parties to existing conditions, but
they must encounter the legislative power of a Senate
whose members are appointed by the crown and hold office
for life, and the veto powers expressly reserved by the Act
of 18(i7 to the royal Governor-General and to the Queen in
Council. It may bo that some method may be devised of
forming such political or commercial union other than an
act of the British Parliament or a revolution. But it is not

yet apparent.

The Queen is commander-in-chief of all the forces, and
has the riffht to determine the seat of government for the
Dominion.

The seats of the several Provincial governments are de-
termined by the exec .tive authority of each.

The Dominion Parliament has also unrestricted authority
to make provision for the uniformity of all or any laws
relative to civil rights and property, and the procedure in
the courts of the various Provinces. But these laws do not
go into effect in any Province until adopted by the Legisla-
ture thereof.

As originally established in 1867, Canada consisted of
Ontario, Quebec, Nova Scotia, and New Brunswici<, who
were to elect a House of Commons, consisting originally of
181 members, 82 for Ontario, 65 for Quebec, 19 for Nova
Scotia, and 15 for New Brunswick, to be enlarged there-
after at the will of the Parliament of Canada, preserving,
however, the proportion among those colonies according to
population. The members of the House of Commons must
possess the same qualifications as would entitle them to sit
and vote in a Provincial assembly. The qualifications of
voters may be prescribed from tifne to time by Parliament.
The other House of Parliament of Canada consists of
a Senate, originally of 72 members, each of whom must
dwell in the Province from which he is appointed, must bo
a natural born subject of the Queen of Great Britain, or
naturalized by either of the Provinces of the Union, or by
the Parliament after the Union, and must be seized of a
freehold worth four thousand dollars over all incumbrances,
and must also be worth four thousand dollars above all debt.
The person ceasing to have either of these qualifications
ceases to be a Senator. The Senate originally consistcil of
72 members, 24 each for Ontario and Quebec, and 24 for
the maritime Provinces. The Queen may on recommenda-
tion of the Governor-General increase the number of Sena-
tors, three at a time, the total number not to exceed 78.
Since the admission of the new Provinces the number of
Senators has been increased to 80.

Sections 91, 92, and 93 of the British North America Act

are inserted here. They provide generally for the distri-
bution of legislative power between the Dominion and the
Provinces, and with what has already been said exhibit the
general character of the Constitution of Canada : —

91. It shall be lawful for the Queen, by and with the
Advice and Consent of the Senate and House of Commons,
to 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 gieater certainty,
but not so as to restrict the "Generality of the foregoing
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 Mat-
ters coming within the Classes of Subjects next hereinafter
enumerated, that is to say

1.
2.
3.

4.
5,
6.

7.
8.

9.
10.
11.

12.

13.

14.
15.

16.
17.
18.
19.
20.

The Public Debt and Property.

The Regulation of Trade and Commerce.

The Raising of Money by any Mode or System of
Taxation.

The borrowing of Money on the Public Credit.

Postal Service.

The Census and Statistics.

Militia, Military and Naval Service and Defence.

The fixing of and providing for the Salaries and Allow-
ances of Civil and other Officers of the Govern-
ment of Canada.

Beacons, Buoys, Lighthouses and Sable Island.

Navigation and Shipping.

Quarantine and the Establishment and Maintenance of
Marine Hospitals.

Sea Coast and Inland Fisheries.

Ferries between a Province and any British or For-
eign Country, or between Two Provinces.

Currency and Coinage.

Banking, Incorporation of Banks and the Issue of
Paper Money.

Savings Banks.

Weights and Measures.

Bills of Exchange and Promissory Notes.

Interest.

Legal Tender.

i !

21.
22.
23.
24.
25.
26.
27.

28.

29.

Bankruptcy and Insolvency.
Patents of Invention and Discovery.
Copyrights.

Indians and Lands reserved for the Indians.
Naturalization and Aliens.
Marriage and Divorce.

The Criminal Law, except the Constitution of the
Courts of Criminal Jurisdiction, hut including the
Procedure in Criminal Matters.
The Establishment, Maintenance and Management of

Penitentiaries.
Such Classes of Subjects as are expressly excepted in
the Enumeration of the Classes of Subjects by this
Act assigned exclusively to the Legislatures of
the Provinces.
And 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 Na-
ture comprised in the Enumeration of the Classes of Sub-
jects by this Act assigned exclusively to the Legislatures of
the Provinces,

92. In each Province the Legislature may exclusively
make Laws in relation to Matters coming within the Classes
of Subjects next hereinafter enumerated ; that is to say :

1. The Amendment from Time to Time, notwithstanding

anything in this Act, of the Const iilion of the
Province, except as regards the Office of Lieutenant-
Governor.

2. Direct Taxation within the Province in order to the

raising 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 vProvincial
Officers.

5. The Management and Sale of the Public Lands belong-

ing to the Province, and of the Timber and Wood
thereon.
^Tho Establishment, Maintenance, and Management of
Public and Reformatory Prisons in and for the
Province.
7. The 'Establishment, Maintenance, and Mnnngement of
Hospitals, Asylums, Charities and Eleemosynary

Institutions in and for the Province, other than Ma-
rine Hospitals.

8. Municipal Institutions in the Province.

9. Shop, Saloon, Tavern, A actioneer, and other Licenses,
in order to the raising of a Revenue for Provincial,
Local or Municipal Purposes.

Local Works and Undertakings, other than such as are
of the following Classes, —

Lines of Steam or other Ships, Railways, Canals,
Telegraphs, and other Works and Undertakings, con-
necting the Province, with any other or others of the
Provinces, or extending beyond the Limits of the
Province :

Lines of Steamships between the Province and any
British or Foreign Country :

Such Works as, although wholly situate- within the
Province, are before or after their Execution de-
clared by the Parliament of Canada to be for the

general Advantage of Canada or for the Advantage
of two or more of the Provinces.

The Incorporation of Companies with Provincial Ob-
jects.

12. Solenmizaticm of Marriage in the Province.

13. Property and Civil Rights in the Province.

14. The Admi"^stration of Justice in the Province, includ-

ing the Constitution, Maintenance, and Organization
of Provincial Courts, both of Civil and of Crimi-
nal Jurisdiction, and including Procedure in Civil
Matters in those Courts.

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.

Generally all matters of a merely local or private na-
ture in the Province.

93. In and for each Province the Legislature may ex-
clusively make Laws in relation to Education, subject and
according to the following Provisions : —
(I.) Nothing in any such Law shall prejudicially af-
fect any Right or Privilege with respect to Denom-
inational Schools which any Class (if Persona have
by Law in the Province at the Union ;

T-rr

(2.) All 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 Roman Catholic Subjects, shall be and the
same arc hereby extended to the Dissentient Schools
of the Queen's Protestant and Roman Catholic Sub-
jects in Quebec ;

(3.) Where in anj'^ Province a System of Separate or Dis-
sentient Schools exists by Law at the Union or is
thereafter established by the Legislature of the
Province, an Appeal shall lie to the Governor-Gen-
eral in Council from any Act or decision of any Pro-
vincial Authority affecting any Right or Privilege of
the Protestant or Roman Catholic Minority of the
Queen's Subjects in relation to Education ;

(4.) In case any such Provincial Law as from Time to Time
seems to the Governor-Genera! in Council requisite
for the due Execution of the Provisions of this Sec-
tion is not made, or in case any Decision of the Gov-
ernor-General in Council on any Appeal under this
Section is not duly executed by the proper Provin-
cial Authority in that behalf, then and in every such
case, and as far only as the circumstances of each
case recjuire, the Parliament of Canada may make
I'emedial Laws for the due Execution of the Pro-
visions of this Section, and of any Decision of the
Governor-General in Council under this Section.

The important particulars, then, in which the institutions
of Canada differ from our own — and they are important as
showinjij what things in a constitution established in 1787
have seemed wise to the statesmen of 1867 — are these : —

Their system of changing the executive with the changing
majority of the House of Commons. Of this a few words
will be said presently.

The presence of their Executive in Parliament.

The Government's initiation and control of legislation.

The permanent tenure of their civil service, which does
not change with the changes of political power.

The reservation of the power over divorce to the central
government. The Senate of the Donainion is the tribunal

of such trials, except in the inaritiine provinces. In Que-
bec divorce is not allowed l)y the Church to Catholics. So
from 1869 to 1886 there were but 116 divorces sn Canada,
to 328,613 in the United States.

The life tenure of the Senate.

The appointment of its members by the Government.

Their property qualification.

The real absence of any considerable weight in lowisla-
tion from the upper house. This house is always reluctant
to make any substantial modification in Govei'nment meas-
ures.

The general prevalence of the Australian ballot system.

The property qualification for voting and for seats in Par-
liament.

A Judiciary appointed by the Crown and holding oflSce
during good behavior, Ijut dependent upon the Legislature
for their salaries.

The jurisdiction in the courts of all cases of contested
elections.

The right of impeachment and of trial by the legislature,
which .Tames Monroe said is the mainspring of the great
machine of government, is inknown to Canada.

Canada has no bill of ri"iits.

No constitution was ever submitted to the people there,
except in a single instance in New Brunswick.

Her whole polity is controlled by the one pervading fact
that in the last resort the power which governs her is from
above and from without, and not from below and from
within. The Queen apj)oint8 her Governor-General, the
Governor-General appoints the Ministry and the Senate.
The Ministry initiatesall legislation. An appeal lies from
her highest court to the Privy Council in England. The
British Parliament can at any time overthrow her Constitu-
tion at a stroke. All her treaties are made by a power
foreign to her. All' her legislation is subject to the triple
veto power of her Majesty.

It 18 doubtful, jilso, whether, under the great control
exercised by the central power over the Province, State
affection, State pride. State sovereignty, local public spirit,
which have had so strong an influence upon us, and to
which we owe what is greatest in our history, can ever be
engendered there. The executive head of the Province is
appointed by the executive of the Dominion. His salary is
fixed and provided by the Dominion Parliament. In those
Provinces where there arc two legislative houses, the mem-
bers of the upper branch are appointed by the Lieutenant-
Governor for life. The Governor-General has an absolute
veto over all Provincial legislation. The pardoning power
for the Provinces is vested in the Governor-General. It
will be seen by the sections of the Act of 18<)7 which we
have cited, how large a share of the legislative power which
we leave to the States, especially in the matter of crimes,
is exercised in Canada by the Dominion.

But the distinction which Canadian students like specially
to insist on between their parliament and ours is that which
wo have already briefly spoken of — the change in the exec-
utive with the changing majority in the House of Commons.
Canada has adopted the modern English system, which never
has obtained here in the national government or in any State.
Indeed, it was not fairly established in England very long
before our Constitution was framed. To establish it here
would require the complete abrogation of the authority of
the President, except so far as he should determine what
members of the popular legislative branch were the persons
who were entitled to be itrusted with power as best repre-
senting its will. It would require, also, the abolition of the
legislative function of the President. It would require that
the authority of the Senate, both in ordinary legislation and
in the treaty-making power (which is but another form of
legislation), should l)e nominal only, or at most should be
only sutficicnt for unimportant amendments to measures
prpposed by the other House, or to require the other House

occasionally to reconsider its purposes. It would also re-
(|uirc elections of members of the House for a long term,
and the vesting in the governnnent the power of dissolution
and appeal to the people.

A discussion of the comparative advantages of this system
and our own is a tempting subject, to which a larger space
than can be given to this Report might profitably be de-
voted. We do not believe that such a form of government
would have been practicable during the early period of our
history. Nor do we believe that it would be practicable
now. It would certainly be rendered very difficult by the
great number of important questions which present them-
selves for solution almost at the same time in the United
States, and which will increase with us with the increase of
our population and wealth and the variety of our interests.
Suppose one party to-day could carry a majority of the
House of Representatives on the question of control of
national elections, or on the tariff, or the national banking
system, or subsidies for foreign commerce, or the question
of silver coinage, or the exi)enditures for rivers and har-
bors, or reciprocity with Canada, or with South America,
and the other party could carry a majority on the rest of
these questions or some of them. The Congress which has
just adjourned was the first for sixteen years where the Exec-
utive and both Houses of Congress were in the power of the
same party. It dealt with more than twent}'^ great subjects,
the fate of any one of which would have overthrown or es-
tablished an administration in England. Must we have a new
national election every three weeks, whenever one or the
other of them had l)een brought to a vote ? We should
have, also, if this were attempted, to change the constitu-
tional term of office of the Representative. With all the
power and greatness of England, she has as compact a pop-
ulation as one of our great States. Canada has but five
millions of inhabitants. Although her territory is nearly as
large as ours, her population is much less widely scattered.

Her present system will, it is believed, be found impracti-
cable long before her population equals that of the United
States.

Her present system of government has not so far been
found wholly satisfactory in its operation. Within twenty
years, in spite of the vast aids she has received from
England, she has contracted a debt of more than six hun-
dred million dollars. Meantime our mighty magnet has
attracted the best of her population to us. Halifax, Quebec
and Montreal are but ports of entry for an immigration to
the United States. There are probably 1,250,000 Cana-
dians now dwelling in this country.

But we shall have dealt with but half this subject, until
the very peculiar relation to Canada of the Province of
Quebec, and of the French Catholic population who con-
trol that Province, and are spreading into some districts of
Ontario and into Northwest Canada, is fully understood.
The space in the Proceedings of the Society which may
fairly be allotted to this Report forbids us from even enter-
ing upon this most attractive topic. Quebec has an area
of 258,634 square miles. Deducting 69,946 covered by
the inland waters and the Gulf of St. Lawrence, there are
still left 188,688 square miles — a territory exceeding that
of France by 54,000 square miles — with a population of
about 1,500,000, of whom 88 per cent, are Catholics.
This population makes up 30 per cent, of all Canada, and
sends seventy French members to the Dominion House of
Commons. The political control of this body of men is
ecclesiastical to'an extent far greater than that exercised i)y
the Catholic Church or any other in any country of Europe.
What is the aspiration of the churchmen who control
Quebec as to its ultimate destiny, it is impossible to say.
La V^riUf an influential paper in the Province of Quebec,
declares that it is the aspiration of the French Canadian peo-
ple to establish a nation which shall perform on this conti-
nent the part France has played so long in Europe, and

shall profess the Cutholic faith and spoak the French lan-
guage, and that they never will lose si^ht of thic national
destiny. M. Mercier, the premier of (^'uebec, and in every
way the foremost of her public men, is understood to favor
annexation to the United States. Meantime the Church
keeps her own counsel and maintains uiimpaired! the influ-
ence which she has exerted under all forms of government
since the days when Cotton Mather said, "Sir William
Phipps had Canada as much written upon his heart as
Calais was upon Queen Mary's. He needed not one," con-
tinues Mather, "to have been his duly monitor about
Canada : it lay down with him, it rose up with him, it en-
grossed almost all his thoughts."

We must leave a sketch of what may be called the con-
stitutional history of Quebec and a consideration of its
relation to the rest of Canada to another paper, if we are to
discuss the subject at all.

By the terms of capitulation, signed September 8, 1760,
by which Canada passed under British control, Great Brit-
ain bound herself to allow the French Canadians the free
exercise of their religion. Certain relii^ous fraternities and
all communities of religieux were guara nteed the possession
of their goods, constitutions, and privileges. A similar
favbv, however, was denied to the Jesuits, until the King
should be consulted. A like reservation was made with re-
spect to the tithes of the parochial clergy. By the Treiity
of Paris, September 10, 1763, (Ireat Britain bound herself
to allow the Canadians the free exercise of their religion.
In 1774 the Quebec Act was passed.

This statute is to the French Canadian of Quebec what
Magna Charta is to England — a sacred and irrepealable
bill of rights. There was bitter hostility to it in Great
Britain on the part of the Opposition. It was earnestly
denounced as the surrender of the rights of Protestants.
With this hostility our ancestors in America deeply sympa-
thized. Undoubtedly the knowledge of this sympathy had

much to do with inducing the Church to give its great influ-
ence toward preserving the loyalty of Ct^nada and in de-
feating the alliance which the insurgent colonies so eagerly
desired. Under the Quebec Act the choice of bishops has
been left to t>e Church without interference by the secular
power — a lil)erty which it has never enjoyed in France or in
England. The clergy have maintained with great skill
their power over Quebec from that day to this. The influ-
ence of the parish system of Quebec, its extension into the
other provinces of Canada which lie to the westward, its
control over the legislation of the Dominion, the ettect of
its claim for tithes, which constitute the first lien on all the
real estate owned by Catholics, the discontent with the rule
of the Churcu introduced by the French Canadians who
settle in the United States or go back after a brief sojourn
here, the rapid increase of the race under the encourage-
ment given by the Church authorities to early marriages
and great families, the docile and thrifty character of the
habitant — aftbrd a most interesting and profitable field of
study, which we cannot enter now.

It is idle to speculate as to the destiny of Canada. The
writer has never been one of those who believe that material
interest will in the near future bring the people of Canada
into a political union with the United States. While the
strength of the interests which so incline her is very groat,
yet they do not seem to be greater in proportion to the
resisting power than they have been always in the past.
Under her (Constitution, as has already been shown, annex-
ation to this country can hardly be accomplished* without
the consent of Great Britain or without a violent revolution.
A conquest of Canada by the United States would be as
repugnant to us as to her. She already feels stirring in her
veins the spirit of her rising nationality. Her people are
coming to feel proud of the extent of her domain, of hor
vast material resources. They are forgetting the langmigo

of the province, and are learning to speak the language of
the empire. She already

"Rises like tlie issue of a king;
^ And wears upon her baby brow the round
And top of sovereignty."

We will not undertake to foretell whether the destiny of
Canada is to remain, as now, the most important dependency
of the British Empire, self-governing in everything but
name ; or whether she is to form a part of a great confeder-
ation of all the English-speaking peoples on the globe ; or
whether she is to declare her independence, and repeat,
with such changes as experience fihall suggest to her, our
own history ; or whether she is to come to us, and share tlie
advantages of our Constitution, and develop the resources
of the North American continent in a great partnership with
us ; or whether, after some fashion that the imagination
cannot now suggest, there are to rise on her soil in the future

" Phantoms of other forms of rule,
New ni^esties of mighty states."

But whatever may be her fate, it will be one to which the
people of the United States cannot be Indifferent.