Canada under British Rule 1760-1900 Part 13

Education is within exclusive No special provisions in the jurisdiction of the provinces, const.i.tution; education being but with conditions for the one of the subjects exclusively maintenance and protection of within the powers of the state rights and privileges of parliaments, under the clause religious bodies in a province leaving them in possession of with respect to denominational all powers not expressly given schools. to the federal parliament.

The federal parliament can A state shall not impose any alone impose duties or taxes on taxes or duties upon imports imports. except such as are necessary for executing the inspection laws of a state, but the net produce of all charges so levied shall be for use of the, commonwealth, and such inspection laws may be annulled by the parliament of the commonwealth.

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

CANADA. AUSTRALIA.

_The Judiciary._ _The Judiciary._

The same. The parliament of the commonwealth can establish a federal supreme court, called the High Court of Australia, and other federal courts for the commonwealth; the judges to be appointed by the governor-general, to hold office during good behaviour, No such provision with respect not to be removed except upon to diminution of salary during an address of both houses of tenure of office. parliament, but so that the salary paid to any judge shall not be diminished during his continuance in office.

Similar provisions by statutory The high court can adjudicate enactments of Dominion in cases arising out of the parliament. const.i.tution, or controversies between states, or in which the commonwealth is a party.

No such stringent provision Appeals only allowed to exists in the Canadian Queen-in-council from high court const.i.tution, but appeals in all on const.i.tutional issues between civil--though not in commonwealth and any state, criminal--cases are allowed, by or between two or more states, virtue of the exercise of the when high court gives leave to royal prerogative, from appeal. Otherwise, the royal provincial courts as well as prerogative to grant appeals is from the supreme court of Canada not impaired. Parliament may, to the Queen-in-council; however, make laws limiting _i.e._, in practice, to the such appeals, but they must judicial committee of the privy be reserved for her Majesty's council. pleasure.

CANADA. AUSTRALIA.

Judges of the superior and Judges in the states are appointed county courts in the provinces and removable under existing state (except those of probate in New const.i.tutions, which the state Brunswick, Nova Scotia and parliaments can change at will.

Prince Edward Island) are appointed by the governor-general-in-council, and removable only by the same on the address of the two houses of parliament.

Their salaries and allowances are fixed by the parliament of Canada.

The provinces have jurisdiction Similar powers in the states.

over the administration of justice in a province, including the const.i.tution, maintenance, and organisation of provincial courts, both of civil and criminal jurisdiction, and including the procedure in civil matters in those courts.

The enactment and amendment With the states.

of the criminal law rest with the Dominion parliament.

The enactment and amendment With the states.

of all laws relating to property and civil rights rest with the provinces.

_Trade and Finance._ _Trade and Finance._ Customs and excise, trade and The parliament of the commonwealth commerce, are within exclusive has sole power to jurisdiction of Dominion parliament. impose uniform duties of customs and excise, and to grant bounties upon goods when it thinks it expedient. As soon as such duties or customs are imposed, trade and intercourse throughout the commonwealth, whether by internal carriageor ocean navigation, is to be free.

The Dominion government The parliament of the commonwealth can veto any such unconst.i.tutional may annul any state law. law interfering with the freedom of trade or commerce between the different parts of the commonwealth, or giving preference to the ports of one part over those of another.

The power of direct taxation Direct taxation may be imposed is within the jurisdiction of both by the commonwealth Dominion parliament and provincial and by each state within its own legislatures, the one for limits--but taxation, when Dominion and the other solely exercised by the commonwealth, for provincial purposes. must be uniform.

Both Dominion and provincial Same is true of commonwealth governments have unlimited and states.

borrowing power under the authority of parliament and legislatures.

Certain money subsidies are Of the net revenue of the paid annually to the provinces commonwealth from duties of towards the support of their customs and excise, not more governments and legislatures. than one-fourth shall be applied annually by the commonwealth towards its expenditure. The balance shall, in accordance with certain conditions of the const.i.tution, be paid to the several states, or applied towards the payment of interest on debts of the several states. This arrangement is limited to ten years. Financial aid may be granted to any state upon such terms as the federal parliament may deem expedient.

Western Australia may, subject to certain restrictions, impose duties on goods imported from other parts of the commonwealth.

No such provision; but the For the administration of the Dominion parliament and provincial laws relating to interstate trade legislatures could by the governor-general-in-council legislation arrange a similar may appoint an interstate commission. commission.

Canada is liable for amount of The parliament of the commonwealth the debts and liabilities of the may consolidate or provinces existing at the time of take over state debts by general the union, under the conditions consent, but a state shall and terms laid down in the indemnify the commonwealth, and const.i.tution. the amount of interest payable in respect to a debt shall be deducted from its share of the surplus revenue of the commonwealth.

_Imperial Control over_ _Imperial Control over_ _Dominion Legislation._ _Australian Legislation._ Bills may be reserved by the The same.

governor-general for the Queen's pleasure, and her Majesty in As the old state const.i.tutions council may within two years continue in force until amended after receipt of any Dominion by the state, state legislation is act disallow the same. still subject to power of disallowance by Queen in council.

No such provision. The governor-general may return any "law" presented to him for the Queen's a.s.sent and suggest amendments therein, and the houses may deal with them as they think fit.

The recommendation of the The same.

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

_Amendments to the _Amendments to the Const.i.tution_. Const.i.tution._

By the imperial parliament on Any proposed amendment to an address of the houses of the the const.i.tution must be first Dominion parliament to the pa.s.sed by an absolute majority Queen. of each house of parliament, and submitted in each state to the electors qualified to vote for members of the house of representatives. If in majority of the states a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the governor-general for the royal a.s.sent.

APPENDIX B.

BIBLIOGRAPHICAL NOTES.

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

For the French regime consult.--_Jacques Cartier's Voyages_, by Joseph Pope (Ottawa, 1889), Charlevoix's _History and General Description of New France_, translated by J. Gilmary Shea (New York, 1868); _Cours d'histoire du Canada_, by Abbe Ferland (Quebec, 1861); _Histoire du Canada_, by F.X. Garneau (4th ed., Montreal, 1882); F. Parkman's series of admirable histories of the French regime (Boston, 1865--1884), _The Story of Canada_ (Nations' Series, London, New York and Toronto, 1896), by J.G. Bourinot, necessarily written in a light vein, is largely devoted to the days of French rule, and may profitably be read on that account in connection with this later book, chiefly devoted to British dominion.

For the history of Acadia, consult.--_Acadia_, by James Hannay (St.

John, N.B., 1879); _History of Nova Scotia_, by Thomas C. Haliburton (Halifax, N.S., 1829). A valuable compilation of annals is _A History of Nova Scotia or Acadie_, by Beamish Murdoch (Halifax, 1867). _Builders of Nova Scotia_, by J.G. Bourinot (Toronto, and "Trans. Roy. Soc. Can.,"

1900), contains many portraits of famous Nova Scotians down to confederation, and appendices of valuable historical doc.u.ments.

_Cape Breton and its Memorials of the French Regime_ ("Trans. Roy. Soc.

Can.," vol. IX, and in separate form, Montreal, 1891) by J.G. Bourinot, gives a full bibliography of voyages of Northmen, the Cabots, Carrier, and Champlain, and of the Histories of the Seven Years' War. The same remarks apply to Winsor's _Narrative and Critical History of America_ (Boston, 1886--89). The "Trans. Roy. Soc. Can.," since 1894, have several important papers by Archbishop O'Brien, Dr. S.E. Dawson, and others on the Cabot discovery.

British rule, 1760-1900:--Garneau's _History_, already mentioned, gives the French Canadian view of the political situation from 1760 until 1840; William Kingsford's _History of Canada_ (Toronto, 1887-1898) has a fairly accurate account of events from 1760 until 1840, in vols. V-X; _A History of Lower Canada_, by R. Christie, a member of the a.s.sembly of the province (Quebec, 1848-1854) is very useful for copies of public doc.u.ments from 1774 until 1840.

The most important accounts of the U.E. Loyalists of the American Revolution by writers in the United States are:--L. Sabine's _Loyalists_ (Boston, 1864), and Tyler's _Literary History of the American Revolution_ (New York, 1897). Canadian accounts are to be found in Egerton Ryerson's _Loyalists of America_ (Toronto, 1880)--remarkably prosaic--and Canniff's _History of Upper Canada_ (Toronto, 1872).

Consult also articles of J.G. Bourinot in the _Quarterly Review_ for October, 1898, and the _Canadian Magazine_ for April, 1898, in which names of prominent Canadian descendants of Loyalists are given.

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

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

Other works to be consulted are:--Lord Durham's _Report on the Affairs of British North America_ (London, 1839); _Life of W. Lyon Mackenzie_, by Charles Lindsey, his son-in-law (Toronto, 1863); _The Upper Canadian Rebellion_, by J. Charles Dent (Toronto, 1885). The _Speeches and Letters_ of the Hon. Joseph Howe (Boston, 1858) contain the ablest expositions of the principles of responsible government by its greatest advocate in British North America. See also Campbell's _History of Prince Edward Island_ (Charlottetown, 1875). New Brunswick has not a single good history. _The Life and Times of Sir Leonard Tilley_, by James Hannay (St. John, N.B. 1897), can be read with advantage. See Prof. Ganong's valuable essays on the early history of New Brunswick in "Trans. Roy. Soc. Can," New Series, vols. I--v. Rev. Dr. Withrow's _History of Canada_ (Toronto, 1888) has chapters on affairs of Prince Edward Island, New Brunswick and Nova Scotia, to date of publication.

For the history of Canada since 1840, consult.--_Canada since the Union_ (1840--1880), by J. Charles Dent (Toronto, 1880--81); _Le Canada sous l'Union_, by Louis Turcotte (Quebec, 1871); _Memoirs of the Right Hon.

Sir John A. Macdonald_, by Joseph Pope, his private secretary (London and Ottawa, 1894); _Debates on Confederation_ (Quebec, 1865); _Confederation_, by Hon. J.H. Gray, M.P., a delegate to the Quebec Conference (Toronto, 1872).

For the const.i.tutional development of Canada, consult.--_A Manual_, by J.G. Bourinot (Montreal, 1888, and included in latest edition of his _Parliamentary Procedure_, 1891); _How Canada is Governed_, by the same (Toronto, 1897--1900); _Parliamentary Government in the Colonies_, by Alpheus Todd (London, 1894); _Doc.u.ments ill.u.s.trative of the Canadian Const.i.tution_, by W. Houston (Toronto, 1891). _Parliamentary Government in Canada_, by J.G. Bourinot (Amer. Hist. a.s.sociation, Was.h.i.+ngton, 1892, and "Trans. Roy. Soc. Can.," 1892), contains a long list of books relating to the const.i.tutional history of Canada. Also consult _How Canada is Governed_ for works on const.i.tutional, legal, munic.i.p.al and educational history of the provinces of Canada.

For Manitoba and the North-west Territories the reader may consult:--_Manitoba. Its Infancy, Growth and Present Condition_, by Rev.