Canada under British Rule 1760-1900 Part 10

of the provision protecting denominational schools. In accordance with this provision Sir Mackenzie Bowell's government pa.s.sed an order-in-council on the 21st March, 1895, calling upon the government of Manitoba to take the necessary measures to restore to the Roman Catholic minority such rights and privileges as were declared by the highest court of the empire to have been taken away from them. The Manitoba government not only refused to move in the matter but expressed its determination "to resist unitedly by every const.i.tutional means any such attempt to interfere with their provincial autonomy." The result was the introduction of a remedial bill by Mr. d.i.c.key, minister of justice, in the house of commons during the session of 1896; but it met from the outset very determined opposition during the most protracted sittings--one of them lasting continuously for a week--ever known in the history of the Canadian or any other legislature of the empire. On several divisions the bill was supported by majorities ranging from 24 to 18--several French members of the opposition having voted for it and several Conservative Protestant members against its pa.s.sage. The bill was introduced on the 11th February, and the motion for its second reading was made on the 3rd March, from which date it was debated continuously until progress was reported from a committee of the whole house on the 16th April, after the house had sat steadily from Monday afternoon at 3 o'clock until 2 o'clock on the following Thursday morning. It was then that Sir Charles Tupper, leader of the government in the house, announced that no further attempt would be made to press the bill that session. He stated that it was absolutely necessary to vote money for the urgent requirements of the public service and pa.s.s other important legislation during the single week that was left before parliament would be dissolved by the efflux of time under the const.i.tutional law, which fixes the duration of the house of commons "for five years from the day of the return of the writs for choosing the house and no longer."

In the general election of 1896 the Manitoba school question was an issue of great importance. From the commencement to the close of the controversy the opponents of denominational schools combined with the supporters of provincial rights to defeat the government which had so determinedly fought for what it considered to be the legal rights of the Roman Catholic minority of Manitoba. It had looked confidently to the support of the great majority of the French Canadians, but the result of the elections was most disappointing to the Conservative party. Whilst in the provinces, where the Protestants predominated, the Conservatives held their own to a larger extent than had been expected even by their sanguine friends, the French province gave a great majority to Mr.

Launer, whose popularity among his countrymen triumphed over all influences, ecclesiastical and secular, that could be used in favour of denominational schools in Manitoba.

The majority against Sir Charles Tupper was conclusive, and he did not attempt to meet parliament as the head of a government. Before his retirement from office, immediately after his defeat at the elections, he had some difference of opinion with the governor-general, the Earl of Aberdeen, who refused, in the exercise of his discretionary power, to sanction certain appointments to the senate and the judicial bench, which the prime minister justified by reference to English and Canadian precedents under similar conditions--notably of 1878 when Mr. Mackenzie resigned. Soon after the general election, and Lord Dufferin was governor-general, Sir Charles Tupper considered the subject of sufficient const.i.tutional importance to bring it before the house of commons, where Sir Wilfrid Laurier, then premier, defended the course of the governor-general. The secretary of state for the colonies also approved in general terms of the principles which, as the governor-general explained in his despatches, had governed his action in this delicate matter.

On Sir Charles Tapper's defeat at the elections, Mr. Laurier became first minister of a Liberal administration, in which positions were given to Sir Oliver Mowat, so long premier of Ontario, to Mr. Blair, premier of New Brunswick, to Mr. Fielding, premier of Nova Scotia, and eventually to Mr. Sifton, the astute attorney-general of Manitoba. Sir Richard Cartwright and Sir Louis Davies--to give the latter the t.i.tle conferred on him in the Diamond Jubilee year--both of whom had been in the foremost rank of the Liberal party for many years, also took office in the new administration; but Mr. Mills, versed above most Canadian public men in political and const.i.tutional knowledge, was not brought in until some time later, when Sir Oliver Mowat, the veteran minister of justice, was appointed to the lieutenant-governors.h.i.+p of Ontario. A notable acquisition was Mr. Tarte, who had acquired much influence in French Canada by his irrepressible energy, and who was placed over the department of public works.

When the school question came to be discussed in 1897, during the first session of the new parliament, the premier explained to the house that, whilst he had always maintained "that the const.i.tution of this country gave to this parliament and government the right and power to interfere with the school legislation of Manitoba, it was an extreme right and reserved power to be exercised only when other means had been exhausted." Believing then that "it was far better to obtain concessions by negotiation than by coercion," he had, as soon as he came into office, communicated with the Manitoba government on the subject, and had "as a result succeeded in making arrangements which gave the French Catholics of the province religious teaching in their schools and the protection of their language," under the conditions set forth in a statute expressly pa.s.sed for the purpose by the legislature of Manitoba[7]. The premier at the same time admitted that "the settlement was not acceptable to certain dignitaries of the church to which he belonged"; but subsequently the Pope published an encyclical advising acceptance of the concessions made to the Manitoba Catholics, while claiming at the same time that these concessions were inadequate, and expressing the hope that full satisfaction would be obtained ere long from the Manitoba government. Since the arrangement of this compromise, no strenuous or effective effort has been made to revive the question as an element of political significance in party contests. Even in Manitoba itself, despite the defeat of the Greenway government, which was responsible for the Manitoba school act of 1890, and the coming into office of Mr. Hugh John Macdonald, the son of the great Conservative leader, there has been no sign of the least intention to depart from the legislation arranged by Sir Wilfrid Laurier in 1897 as, in his opinion, the best possible compromise under the difficult conditions surrounding a most embarra.s.sing question.

[7: This statute provides that religious teaching by a Roman Catholic priest, or other person duly authorised by him, shall take place at the close of the hours devoted to secular instruction; that a Roman Catholic teacher may be employed in every school in towns and cities where the average attendance of Roman Catholic children is forty or upwards, and in villages and rural districts where the attendance is twenty-five or upwards; and that French as well as English shall be taught in any school where ten pupils speak the French language.]

In the autumn of 1898 Canada bade farewell with many expressions of regret to Lord and Lady Aberdeen, both of whom had won the affection and respect of the Canadian people by their earnest efforts to support every movement that might promote the social, intellectual and moral welfare of the people. Lord Aberdeen was the seventh governor-general appointed by the crown to administer public affairs since the union of the provinces in 1867. Lord Monck, who had the honour of initiating confederation, was succeeded by Sir John Young, who was afterwards raised to the peerage as Baron Lisgar--a just recognition of the admirable discretion and dignity with which he discharged the duties of his high position. His successor, the Earl of Dufferin, won the affection of the Canadian people by his grace of demeanour, and his Irish gift of eloquence, which he used in the spirit of the clever diplomatist to flatter the people of the country to their heart's content. The appointment of the Marquess of Lorne, now the Duke of Argyll, gave to Canada the honour of the presence of a Princess of the reigning family. He showed tact and discretion in some difficult political situations that arose during his administration, and succeeded above all his predecessors in stimulating the study of art, science and literature within the Dominion. The Marquess of Lansdowne and Lord Stanley of Preston--both inheritors of historic names, trained in the great school of English administration--also acquired the confidence and respect of the Canadian people. On the conclusion of Lord Aberdeen's term of office in 1898, he was succeeded by the Earl of Minto, who had been military secretary to the Marquess of Lansdowne, when governor-general, from the autumn of 1883 until the end of May, 1888, and had also acted as chief of staff to General Middleton during the North-west disturbances of 1885.

Since its coming into office, the Laurier administration has been called upon to deal with many questions of Canadian as well as imperial concern. One of its first measures--to refer first to those of Canadian importance--was the repeal of the franchise act of 1885, which had been found so expensive in its operation that the Conservative government had for years taken no steps to prepare new electoral lists for the Dominion under its own law, but had allowed elections to be held on old lists which necessarily left out large numbers of persons ent.i.tled to vote. In accordance with the policy to which they had always pledged themselves as a party, the Liberal majority in parliament pa.s.sed an act which returned to the electoral lists of the provinces. An attempt was also made in 1899 and 1900 to amend the redistribution acts of 1882 and 1892, and to restore so far as practicable the old county lines which had been deranged by those measures. The bill was noteworthy for the feature, novel in Canada, of leaving to the determination of a judicial commission the rearrangement of electoral divisions, but it was rejected in the senate on the ground that the British North America act provides only for the readjustment of the representation after the taking of each Decennial census, and that it is "a violation of the spirit of the act"

to deal with the question until 1901, when the official figures of the whole population will be before parliament. The government was also called upon to arrange the details of a provisional government for the great arctic region of the Yukon, where remarkable gold discoveries were attracting a considerable population from all parts of the world. An attempt to build a short railway to facilitate communication with that wild and distant country was defeated in the senate by a large majority.

The department of the interior has had necessarily to encounter many difficulties in the administration of the affairs of a country so many thousand miles distant. These difficulties have formed the subject of protracted debates in the house of commons and have led to involved political controversies which it would not be possible to explain satisfactorily within the limits of this chapter.

In accordance with the policy laid down in 1897 by Mr. Fielding, the finance minister, when presenting the budget, the Laurier government has not deemed it prudent to make such radical changes in the protective or "National Policy" of the previous administration as might derange the business conditions of the Dominion, which had come to depend so intimately upon it in the course of seventeen years, but simply to amend and simplify it in certain particulars which would remove causes of friction between the importers and the customs authorities, and at the same time make it, as they stated, less burdensome in its operation. The question of reciprocal trade between Canada and the United States had for some time been disappearing in the background and was no longer a dominant feature of the commercial policy of the Liberal party as it had been until 1891, when its leaders were prepared under existing conditions to enter into the fullest trade arrangements possible with the country to the south. The illiberality of the tariff of the United States with respect to Canadian products had led the Canadian people to look to new markets, and especially to those of Great Britain, with whom they were desirous, under the influence of a steadily growing imperial spirit, to have the closest commercial relations practicable.

Consequently the most important feature of the Laurier government's policy, since 1897, has been the preference given to British products in Canada--a preference which now allows a reduction in the tariff of 33-1/3 per cent. on British imports compared with foreign goods. In their endeavour, however, to give a preference to British imports, the government was met at the outset by difficulties arising from the operation of the Belgian and German treaties; and after very full consultation with the imperial government, and a reference of the legal points involved to the imperial law officers of the crown, Canada was obliged to admit Belgian and German goods on the same terms as the imports of Great Britain, and also to concede similar advantages to twenty-two foreign countries which were by treaty ent.i.tled to any commercial privileges that Great Britain or her colonies might grant to a third power. Happily for Canada at this juncture the colonial secretary of state was Mr. Chamberlain, who was animated by aspirations for the strengthening of the relations between the parent state and her dependencies, and who immediately recognised the imperial significance of the voluntary action of the Canadian government. The result was the "denunciation" by the imperial authorities of the Belgian and German treaties, which consequently came to an end on the 31st July, 1898.

Down to that date Canada was obliged to give to the other countries mentioned the preference which she had intentionally given to Great Britain alone, and at the same time to refund to importers the duties which had been collected in the interval from the countries in question.

With the fall, however, of the Belgian and German treaties Canada was at last free to model her tariff with regard to imperial as well as Canadian interests. It was a fortunate coincidence that the government should have adopted this policy at a time when the whole British empire was celebrating the sixtieth anniversary of the accession of her Majesty Queen Victoria to the throne. In the magnificent demonstration of the unity and development of the empire that took place in London in June, 1897, Canada was represented by her brilliant prime minister, who then became the Right Honourable Sir W. Laurier, G.C.M.G., and took a conspicuous place in the ceremonies that distinguished this memorable episode in British and colonial history.

A few months later the relations between Canada and Great Britain were further strengthened by the reduction of letter postage throughout the empire--Australia excepted--largely through the instrumentality of Mr.

Mulock, Canadian postmaster-general. The Canadian government and parliament also made urgent representations to the imperial authorities in favour of the immediate construction of a Pacific cable; and it may now be hoped that the pecuniary aid offered to this imperial enterprise by the British, Australasian and Canadian governments will secure its speedy accomplishment. I may add here that debates have taken place in the Canadian house of commons for several sessions on the desirability of obtaining preferential treatment in the British market for Canadian products The Conservative party, led by Sir Charles Tupper, have formulated their opinions in parliament by an emphatic declaration that "no measure of preference, which falls short of the complete realisation of such a policy, should be considered final or satisfactory." The Laurier government admits the desirability of such mutual trade preference, but at the same time it recognises the formidable difficulties that lie in the way of its realisation so long as Great Britain continues bound to free trade, and under these circ.u.mstances declares it the more politic and generous course to continue giving a special preference to British products with the hope that it may eventually bring about a change in public opinion in the parent state which will operate to the decided commercial or other advantage of the dependency.

This chapter may appropriately close with a reference to the remarkable evidences of attachment to the empire that have been given by the Canadian people at the close of the nineteenth century. From the mountains of the rich province washed by the Pacific Sea, from the wheat-fields and ranches of the western prairies, from the valley of the great lakes and the St. Lawrence where French and English Canadians alike enjoy the blessings of British rule, from the banks of the St John where the United Empire Loyalists first made their homes, from the rugged coasts of Acadia and Cape Breton, from every part of the wide Dominion men volunteered with joyous alacrity to fight in South Africa in support of the unity of the empire. As I close these pages Canadians are fighting side by side with men from the parent Isles, from Australasia and from South Africa, and have shown that they are worthy descendants of the men who performed such gallant deeds on the ever memorable battlefields of Chateauguay, Chrystler's Farm, and Lundy's Lane. Not the least noteworthy feature of this significant event in the annals of Canada and the empire is the fact that a French Canadian premier has had the good fortune to give full expression to the dominant imperial sentiment of the people, and consequently to offer an additional guarantee for the union of the two races and the security of British interests on the continent of America.

SECTION 4.--Political and social conditions of Canada under confederation.

At the present time, a population of probably five million four hundred thousand souls inhabit a Dominion of seven regularly organised provinces, and of an immense fertile territory stretching from Manitoba to British Columbia. This Dominion embraces an area of 3,519,000 square miles, including its water surface, or very little less than the area of the United States with Alaska, and measures 3500 miles from east to west; and 1400 miles from north to south.

No country in the world gives more conclusive evidences of substantial development and prosperity than the Dominion under the beneficial influences of federal union and the progressive measures of governments for many years. The total trade of the country has grown from over $131,000,000 in the first year of confederation to over $321,000,000 in 1899, while the national revenue has risen during the same period from $14,000,000 to $47,000,000, and will probably be $50,000,000 in 1900.

The railways, whose expansion so closely depends on the material conditions of the whole country, stretch for 17,250 miles compared with 2278 miles in 1868; while the remarkable system of ca.n.a.ls, which extend from the great lakes to Montreal, has been enlarged so as to give admirable facilities for the growing trade of the west. The natural resources of the country are inexhaustible, from the fisheries of Nova Scotia to the wheat-fields of the north-west, from the coal-mines of Cape Breton to the gold deposits of the dreary country through which the Yukon and its tributaries flow.

No dangerous questions like slavery, or the expansion of the African race in the southern states, exist to complicate the political and social conditions of the confederation, and, although there is a large and increasing French Canadian element in the Dominion, its history so far need not create fear as to the future, except perhaps in the minds of gloomy pessimists. While this element naturally clings to its national language and inst.i.tutions, yet, under the influence of a complete system of local self-government, it has always taken as active and earnest a part as the English element in establis.h.i.+ng and strengthening the confederation. It has steadily grown in strength and prosperity under the generous and inspiring influence of British inst.i.tutions, which have given full scope to the best attributes of a nationality crushed by the depressing conditions of French rule for a century and a half.

The federal union gives expansion to the national energies of the whole Dominion, and at the same time affords every security to the local interests of each member of the federal compact. In all matters of Dominion concern, Canada is a free agent. While the Queen is still head of the executive authority, and can alone initiate treaties with foreign nations (that being an act of complete sovereignty), and while appeals are still open to the privy council of England from Canadian courts within certain limitations, it is an admitted principle that the Dominion is practically supreme in the exercise of all legislative rights and privileges granted by the imperial parliament,--rights and privileges set forth explicitly in the British North America act of 1867,--so long as her legislative action does not conflict with the treaty obligations of the parent state, or with imperial legislation directly applicable to Canada with her own consent.

The crown exercises a certain supervision over the affairs of the Dominion through a governor-general, who communicates directly with an imperial secretary of state; but in every matter directly affecting Canada--as for instance, in negotiations respecting the fisheries, the Bering Sea, and other matters considered by several conferences at Was.h.i.+ngton--the Canadian government is consulted and its statements are carefully considered, since they represent the sentiments and interests of the Canadian people, who, as citizens of the empire, are ent.i.tled to as much weight as if they lived in the British Isles.

In the administration of Canadian affairs the governor-general is advised by a responsible council representing the majority of the house of commons. As in England, the Canadian cabinet, or ministry, is practically a committee of the dominant party in parliament and is governed by the rules, conventions and usages of parliamentary government which have grown up gradually in the parent state. Whenever it is necessary to form a ministry in Canada, its members are summoned by the governor-general to the privy council of Canada; another ill.u.s.tration of the desire of the Canadians to imitate the old inst.i.tutions of England and copy her time-honoured procedure.

The parliament of Canada consists of the Queen, the senate, and the house of commons. In the formation of the upper house, three geographical groups were arranged in the first instance, Ontario, Quebec, and the maritime provinces, and each group received a representation of twenty-four members. More recently other provinces have been admitted into the Dominion without reference to this arrangement, and now seventy-eight senators altogether may sit in parliament. The remarkably long tenure of power enjoyed by the Conservative party--twenty-five years from 1867--enabled it in the course of time to fill the upper house with a very large numerical majority of its own friends, and this fact, taken in connection with certain elements of weakness inherent in a chamber which is not elected by the people and has none of the ancient privileges or prestige of a house of lords, long a.s.sociated with the names of great statesmen and the memorable events of English history, has created an agitation among the Liberal party for radical changes in its const.i.tution which would bring it, in their opinion, more in harmony with the people's representatives in the popular branch of the general legislature. While some extremists would abolish the chamber, Sir Wilfrid Launer and other prominent Liberals recognise its necessity in our parliamentary system.

In all probability death will ere long solve difficulties arising out of the political composition of the body, if the Liberal party remain in power.

The house of commons, the great governing body of the Dominion, has been made, so far as circ.u.mstances will permit, a copy of the English house.

Its members are not required to have a property qualification, and are elected by the votes of the electors of the several provinces where, in a majority of cases, universal suffrage, under limitations of citizens.h.i.+p and residence, prevails.

In each province there is a lieutenant-governor, appointed by the Dominion government for five years, an executive council, and a legislature consisting of only one house, except in Nova Scotia and Quebec where a legislative council appointed by the crown still continues. The principles of responsible government exist in all the provinces, and practically in the North-west territory.

In the enumeration of the legislative powers, respectively given to the Dominion and provincial legislatures, an effort was made to avoid the conflicts of jurisdiction that have so frequently arisen between the national and state governments of the United States. In the first place we have a recapitulation of those general or national powers that properly belong to the central authority, such as customs and excise duties, regulation of trade and commerce, militia and defence, post-office, banking and coinage, railways and public works "for the general advantage," navigation and s.h.i.+pping, naturalisation and aliens, fisheries, weights and measures, marriage and divorce, penitentiaries, criminal law, census and statistics. On the other hand, the provinces have retained control over munic.i.p.al inst.i.tutions, public lands, local works and undertakings, incorporation of companies with provincial objects, property and civil rights, administration of justice, and generally "all matters of a merely local and private nature in the province." The _residuary_ power rests with the general parliament of Canada.

The parliament of Canada, in 1875, established a supreme court, or general court of appeal, for Canada, whose highest function is to decide questions as to the respective legislative powers of the Dominion and provincial parliaments, which are referred to it in due process of law by the subordinate courts of the provinces. The decisions of this court are already doing much to solve difficulties that impede the successful operation of the const.i.tution. As a rule cases come before the supreme court on appeal from the lower courts, but the law regulating its powers provides that the governor in council may refer any matter to this court on which a question of const.i.tutional jurisdiction has been raised. But the supreme court of Canada is not necessarily the court of last resort of Canada. The people have an inherent right as subjects of the Queen to appeal to the judicial committee of the privy council of the United Kingdom.

But it is not only by means of the courts that a check is imposed upon hasty, or unconst.i.tutional, legislation. The const.i.tution provides that the governor-general may veto or reserve any bill pa.s.sed by the two houses of parliament when it conflicts with imperial interests or imperial legislation. It is now understood that the reserve power of disallowance which her Majesty's government possesses under the law is sufficient to meet all possible cases. This sovereign power is never exercised except in the case of an act clearly in conflict with an imperial statute or in violation of a treaty affecting a foreign nation.

The Dominion government also supervises all the provincial legislation and has in a few cases disallowed provincial acts. This power is exercised very carefully, and it is regarded with intense jealousy by the provincial governments, which have more than once attempted to set it at defiance. In practice it is found the wisest course to leave to the courts the decision in cases where doubts exist as to const.i.tutional authority or jurisdiction.

The organised districts of the North-west--a.s.siniboia, Alberta, Athabaska, and Saskatchewan--are governed by a lieutenant-governor appointed by the government of Canada and aided by a council chosen by himself from an a.s.sembly elected by the people under a very liberal franchise. These territories have also representatives in the two houses of the parliament of Canada. The Yukon territory in the far north-west, where rich discoveries of gold have attracted a large number of people within the past two years, is placed under a provisional government, composed of a commissioner and council appointed by the Dominion government[8], and acting under instructions given from time to time by the same authority or by the minister of the interior.

[8: Since this sentence was in type the Dominion government has given effect to a provision of a law allowing the duly qualified electors of the Yukon to choose two members of the council.]

The public service enjoys all the advantages that arise from permanency of tenure and appointment by the crown. It has on the whole been creditable to the country and remarkably free from political influences.

The criminal law of England has prevailed in all the provinces since it was formerly introduced by the Quebec act of 1774. The civil law of the French regime, however, has continued to be the legal system in French Canada since the Quebec act, and has now obtained a hold in that province which insures its permanence as an inst.i.tution closely allied with the dearest rights of the people. Its principles and maxims have been carefully collected and enacted in a code which is based on the famous code of Napoleon. In the other provinces and territories the common law of England forms the basis of jurisprudence on which a large body of Canadian statutory law has been built in the course of time.

At the present time all the provinces, with the exception of Prince Edward Island, have an excellent munic.i.p.al system, 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, every proper facility is given to the people in a populous district, or town, to organise a system equal to all their local requirements.

Every Englishman will consider it an interesting and encouraging fact that the Canadian people, despite their neighbourhood to a prosperous federal commonwealth, should not even in the most critical and gloomy periods of their history have shown any disposition to mould their inst.i.tutions directly on those of the United States and lay the foundation for future political union. Previous to 1840, which was the commencement of a new era in the political history of the provinces, there was a time when discontent prevailed throughout the Canadas, but not even then did any large body of the people threaten to sever the connection with the parent state. The Act of Confederation was framed under the direct influence of Sir John Macdonald and Sir George Cartier, and although one was an English Canadian and the other a French Canadian, neither yielded to the other in the desire to build up a Dominion on the basis of English inst.i.tutions, in the closest possible connection with the mother country. While the question of union was under consideration it was English statesmen and writers alone who predicted that this new federation, with its great extent of territory, its abundant resources, and ambitious people, would eventually form a new nation independent of Great Britain. Canadian statesmen never spoke or wrote of separation, but regarded the const.i.tutional change in their political condition as giving them greater weight and strength in the empire. The influence of British example on the Canadian Dominion can be seen throughout its governmental machinery, in the system of parliamentary government, in the const.i.tution of the privy council and the houses of parliament, in an independent judiciary, in appointed officials of every cla.s.s--in the provincial as well as Dominion system--in a permanent and non-political civil service, and in all elements of sound administration. During the thirty-three years that have pa.s.sed since 1867, the attachment to England and her inst.i.tutions has gained in strength, and it is clear that those predictions of Englishmen to which we have referred are completely falsified. On the contrary, the dominant sentiment is for strengthening the ties that have in some respects become weak in consequence of the enlargement of the political rights of the Dominion, which has a.s.sumed the position of a semi-independent power, since England now only retains her imperial sovereignty by declaring peace or war with foreign nations, by appointing a governor-general, by controlling colonial legislation through the Queen in council and the Queen in parliament--but not so as to diminish the rights of local self-government conceded to the Dominion--and by requiring that all treaties with foreign nations should be made through her own government, while recognising the right of the dependency to be consulted and directly represented on all occasions when its interests are immediately affected.

In no respect have the Canadians followed the example of the United States, and made their executive entirely separate from the legislative authority. On the contrary, there is no inst.i.tution which works more admirably in the federation--in the general as well as provincial governments--than the principle of making the ministry responsible to the popular branch of the legislature, and in that way keeping the executive and legislative departments in harmony with each other, and preventing that conflict of authorities which is a distinguis.h.i.+ng feature of the very opposite system that prevails in the federal republic. If we review the amendments made of late years in the political const.i.tutions of the States, and especially those ratified not long since in New York, we see in how many respects the Canadian system of government is superior to that of the republic. For instance, Canada has enjoyed for years, as results of responsible government, the secret ballot, stringent laws against bribery and corruption at all cla.s.ses of elections, the registration of voters, strict naturalisation laws, infrequent political elections, separation of munic.i.p.al from provincial or national contests, appointive and permanent officials in every branch of the civil service, a carefully devised code of private bill legislation, the printing of all public as well as private bills before their consideration by the legislative bodies; and yet all these essentials of safe administration and legislation are now only in part introduced by const.i.tutional enactment in so powerful and progressive a state as New York.

Of course, in the methods of party government we can see in Canada at times an attempt to follow the example of the United States, and to introduce the party machine with its professional politicians and all those influences that have degraded politics since the days of Jackson and Van Buren. Happily, so far, the people of Canada have shown themselves fully capable of removing those blots that show themselves from time to time on the body politic. Justice has soon seized those men who have betrayed their trust in the administration of public affairs.

Although Canadians may, according to their political proclivities, find fault with some methods of governments and be carried away at times by political pa.s.sion beyond the bounds of reason, it is encouraging to find that all are ready to admit the high character of the judiciary for learning, integrity and incorruptibility. The records of Canada do not present a single instance of the successful impeachment or removal of a judge for improper conduct on the bench since the days of responsible government; and the three or four pet.i.tions laid before parliament, in the course of a quarter of a century, asking for an investigation into vague charges against some judges, have never required a judgment of the house. Canadians have built wisely when, in the formation of their const.i.tution, they followed the English plan of retaining an intimate and invaluable connection between the executive and legislative departments, and of keeping the judiciary practically independent of the other authorities of government. Not only the life and prosperity of the people, but the satisfactory working of the whole system of federal government rests more or less on the discretion and integrity of the judges. Canadians are satisfied that the peace and security of the whole Dominion do not more depend on the ability and patriotism of statesmen in the legislative halls than on that principle of the const.i.tution, which places the judiciary in an exalted position among all the other departments of government, and makes law as far as possible the arbiter of their const.i.tutional conflicts. All political systems are very imperfect at the best; legislatures are constantly subject to currents of popular prejudice and pa.s.sion; statesmans.h.i.+p is too often weak and fluctuating, incapable of appreciating the true tendency of events, and too ready to yield to the force of present circ.u.mstances or dictates of expediency; but law, as worked out on English principles in all the dependencies of the empire and countries of English origin, as understood by Blackstone, Dicey, Story, Kent, and other great masters of const.i.tutional and legal learning, gives the best possible guarantee for the security of inst.i.tutions in a country of popular government.

In an Appendix to this history I have given comparisons in parallel columns between the princ.i.p.al provisions of the federal const.i.tutions of the Canadian Dominion, and the Australian Commonwealth. In studying carefully these two systems we must be impressed by the fact that the const.i.tution of Canada appears more influenced by the spirit of English ideas than the const.i.tution of Australia, which has copied some features of the fundamental law of the United States. In the preamble of the Canadian British North America act we find expressly stated "the desire of the Canadian provinces to be federally united into one Dominion under the crown of the United Kingdom of Great Britain and Ireland, with a const.i.tution similar in principle to that of the United Kingdom," while the preamble of the Australian const.i.tution contains only a bald statement of an agreement "to unite in one indissoluble federal Commonwealth under the crown," When we consider the use of "Commonwealth"--a word of republican significance to British ears--as well as the selection of "state" instead of "province," of "house of representatives" instead of "house of commons," of "executive council"

instead of "privy council," we may well wonder why the Australians, all British by origin and aspiration, should have shown an inclination to deviate from the precedents established by the Canadian Dominion, which, though only partly English, resolved to carve the ancient historic names of the parent state on the very front of its political structure.

As the several States of the Commonwealth have full control of their own const.i.tutions, they may choose at any moment to elect their own governors as in the States of the American Union, instead of having them appointed by the crown as in Canada. We see also an imitation of the American const.i.tution in the principle which allots to the central government only certain enumerated powers, and leaves the residuary power of legislation to the States. Again, while the act provides for a high and other federal courts, the members of which are to be appointed and removed as in Canada by the central government, the States are still to have full jurisdiction over the State courts as in the United States.

The Canadian const.i.tution, which gives to the Dominion exclusive control over the appointment and removal of the judges of all the superior courts, offers a positive guarantee against the popular election of judges in the provinces. It is not going too far to suppose that, with the progress of democratic ideas in Australia--a country inclined to political experiments--we may find the experience of the United States repeated, and see elective judges make their appearance when a wave of democracy has suddenly swept away all dictates of prudence and given unbridled licence to professional political managers only anxious for the success of party. In allowing the British Parliament to amend the Act of Union on an address of the Canadian parliament, we have yet another ill.u.s.tration of the desire of Canadians to respect the supremacy of the sovereign legislature of the empire. On the other hand, the Australians make themselves entirely independent of the action of the imperial parliament, which might be invaluable in some crisis affecting deeply the integrity and unity of the Commonwealth, and give full scope to the will of democracy expressed at the polls. In also limiting the right of appeal to the Queen in council--by giving to the high court the power to prevent appeals in const.i.tutional disputes--the Australians have also to a serious degree weakened one of the most important ties that now bind them to the empire, and afford additional ill.u.s.tration of the inferiority of the Australian const.i.tution, from an imperial point of view, compared with that of the Canadian Dominion, where a reference to the judicial committee of the privy council is highly valued.

The Canadian people are displaying an intellectual activity commensurate with the expansion of their territory and their acc.u.mulation of wealth.

The scientific, historical and political contributions of three decades, make up a considerable library which shows the growth of what may be called Canadian literature, since it deals chiefly with subjects essentially of Canadian interest. The attention that is now particularly devoted to the study and writing of history, and the collection of historical doc.u.ments relating to the Dominion, prove clearly the national or thoroughly Canadian spirit that is already animating the cultured cla.s.s of its people.

Of the numerous historical works that have appeared since 1867 two only demand special mention in this short review. One of these is _A History of the days of Montcalm and Levis_ by the Abbe Casgrain, who ill.u.s.trates the studious and literary character of the professors of the great university which bears the name of the first bishop of Canada, Monseigneur Laval. A more elaborate general history of Canada, in ten octavo volumes, is that by Dr. Kingsford, whose life closed with his book. Whilst it shows much industry and conscientiousness on the part of the author, it fails too often to evoke our interest even when it deals with the striking and picturesque story of the French regime, since the author considered it his duty to be sober and prosaic when Parkman is bright and eloquent.

A good estimate of the progress of literary culture in Canada can be formed from a careful perusal of the poems of Bliss Carman, Archibald Lampman, Charles G.W. Roberts, Wilfred Campbell, Duncan Campbell Scott and Frederick George Scott. The artistic finish of their verse and the originality of their conception ent.i.tle them fairly to claim a foremost place alongside American poets since Longfellow, Emerson, Whittier, Bryant and Lowell have disappeared. Pauline Johnson, who has Indian blood in her veins, Archbishop O'Brien of Halifax, Miss Machar, Ethelyn Weatherald, Charles Mair and several others might also be named to prove that poetry is not a lost art in Canada, despite its pressing prosaic and material needs.

Dr. Louis Frechette is a worthy successor of Cremazie and has won the distinction of having his best work crowned by the French Academy.

French Canadian poetry, however, has been often purely imitative of French models like Musset and Gautier, both in style and sentiment, and consequently lacks strength and originality. Frechette has all the finish of the French poets and, while it cannot be said that he has yet originated fresh thoughts, which are likely to live among even the people whom he has so often instructed and delighted, yet he has given us poems like that on the discovery of the Mississippi which prove that he is capable of even better things if he would seek inspiration from the sources of the deeply interesting history of his own country, or enter into the inner mysteries and social relations of his picturesque compatriots.

The life of the French Canadian habitant has been admirably described in verse by Dr. Drummond, who has always lived among that cla.s.s of the Canadian people and been a close observer of their national and personal characteristics. He is the only writer who has succeeded in giving a striking portraiture of life in the cabin, in the "shanty" (_chantier_), and on the river, where the French habitant, forester, and canoe-man can be seen to best advantage.

But if Canada can point to some creditable achievements of recent years in history, poetry and essays, there is one department in which Canadians never won any marked success until recently, and that is in the novel or romance. Even Mr. Kirby's _Le Chien d'Or_ which recalls the closing days of the French regime--the days of the infamous Intendant Bigot who fattened on Canadian misery--does not show the finished art of the skilled novelist, though it has a certain crude vigour of its own, which has enabled it to live while so many other Canadian books have died. French Canada is even weaker in this particular, and this is the more surprising because there is abundance of material for the novelist or the writer of romance in her peculiar society and inst.i.tutions. But this reproach has been removed by Mr. Gilbert Parker, now a resident in London, but a Canadian by birth, education and sympathies, who is animated by a laudable ambition of giving form and vitality to the abundant materials that exist in the Dominion for the true story-teller.

His works show great skill in the use of historic matter, more than ordinary power in the construction of a plot, and, above all, a literary finish which is not equalled by any Canadian writer in the same field of effort. Other meritorious Canadian workers in romance are Mr. William McLennan, Mrs. Coates (Sarah Jeannette Duncan), and Miss Dougall, whose names are familiar to English readers.

The name of Dr. Todd is well known throughout the British empire, and indeed wherever inst.i.tutions of government are studied, as that of an author of most useful works on the English and Canadian const.i.tutions.

Sir William Dawson, for many years the energetic princ.i.p.al of McGill University, the scientific prominence of which is due largely to his mental bias, was the author of several geological books, written in a graceful and readable style. The scientific work of Canadians can be studied chiefly in the proceedings of English, American and Canadian societies, especially, of late years, in the transactions of the Royal Society of Canada, established over eighteen years ago by the Marquess of Lorne when governor-general of the Dominion. This successful a.s.sociation is composed of one hundred and twenty members who have written "memoirs of merit or rendered eminent services to literature or science."