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of that more profound though less coherent will, the will of the people itself. This leads us to the further and fundamental consideration that the final unity of any state is to be sought not within the form of government at all, but in the consensus of political opinion, in the communal will which sets up and pulls down the instruments of political power. If there is that underlying unity it can support the gradation and division of ostensible sovereignty. A house divided against itself cannot stand, but if there is a common foundation it will sustain, without danger of their falling asunder, the divisions within the house.

We need not therefore despair of the unity of the British empire because Canada and its other constituents as they attain to political manhood claim a political sovereignty of their own, nor, on the other hand, need we think it necessary to construct, in advance of evolution, artificial props such as an imperial cabinet with definite overruling powers. What is best and safest is to strengthen the foundations of the common will, to cultivate the common heritage, to develop the intercourse between the members of the far-flung empire as well as between the responsible ministers of every part, to enhance in a word that sense of unity which the possession of a great and common tradition has built up in our history and in our faith. And if the resulting development contradicts fond theories of sovereignty, these may be offered up, in thankfulness for the unity maintained and achieved, as a cheerful and willing sacrifice.

In conclusion, it is necessary to lay emphasis on an important consideration. No amount of regularizing' or of constitutional changes will in the final analysis hold the empire together or guarantee imperial unity, apart from political development. We must not be swept off our feet by problems, by dilemmas, by political antinomies and all the stock-in-trade of theorists and of doctrinaires. The plain issue is this: progress implies

conscious intelligent consent, and until that comes the greatest contribution to the empire will be a studied avoidance of plans and of constitutions. Canada knows well the situation, and that it cannot be squared with all the current rules. Reiterations of the apparent dangers involved do not help political education and are barren of results. For the present it is well to hold back from concrete proposals. The greatest solvent of political problems, if they are to be solved at all adequately, is time. The greatest danger lies in hastening the harvest of the years and in attempting to reap in advance of general political development. It may be that as time bites into the problem of empire and provides perhaps a legal issue, the world itself will have arrived at a higher synthesis of human endeavour than that represented by the hideous clash of modern sovereignties. Thus the history, which began with a glimpse into a paternal and conservative past, closes with the outlook of a democratic and liberal hope.

APPENDIX

THE BRITISH NORTH AMERICA ACT, 1867

(30 & 31 Victoria, c. 3).

An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof: and for Purposes connected therewith.1

[March 29, 1867.]

WHEREAS the Provinces of Canada, Nova Scotia, and New

Brunswick, have expressed their desire to be federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom:

And whereas such a Union would conduce to the welfare of the Provinces and promote the interests of the British Empire:

And whereas on the establishment of the Union by authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the nature of the Executive Government therein be declared:

And whereas it is expedient that provision be made for the eventual admission into the Union of other parts of British North America:

Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual. and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

I. PRELIMINARY.

1. This Act may be cited as The British North America Act, 1867. Short title. 2. The provisions of this Act referring to Her Majesty the Queen Application of extend also to the heirs and successors of Her Majesty, Kings and provisions Queens of the United Kingdom of Great Britain and Ireland.

II. UNION.

3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most Honourable Privy Council, to declare by Proclamation that on and after a day herein appointed, not being more than

1 Brought into force, pursuant to sect. 3, by royal proclamation, on July 1, 1867.

referring to the Queen.

Declaration by proclamation Canada, Nova

of Union of

Scotia and New six months after the passing of this Act, the Provinces of Canada, Brunswick, Nova Scotia, and New Brunswick shall form and be one Dominion into one Dominion under under the name of Canada; and on and after that day those three name of CaProvinces shall form and be one Dominion under that name accordingly.

nada.

Commence.

4. The subsequent provisions of this Act shall, unless it is otherment of subse-wise expressed or implied, commence and have effect on and after quent provisions of Act. the Union, that is to say, on and after the day appointed for the Meaning of Union taking effect in the Queen's Proclamation; and in the same Canada in such provisions. provisions, unless it is otherwise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act. 5. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.

Four Provin

ces.

Provinces of
Ontario and
Quebec.

Provinces of Nova Scotia and New

Population of

6. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario and the part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec. 7. The Provinces of Nova Scotia and New Brunswick shall have the same limits as at the passing of this Act.

Brunswick. 8. In the general census of the population of Canada which is Provinces to be hereby required to be taken in the year one thousand eight hundred distinguished and seventy-one, and in every tenth year thereafter, the respective populations of the four Provinces shall be distinguished.

in decennial

census.

Executive

III. EXECUTIVE POWER.

9. The Executive Government and authority of and over Canada Power to con- is hereby declared to continue and be vested in the Queen. the Queen.

tinue vested in

referring to GovernorGeneral.

10. The provisions of this Act referring to the Governor-General Application of extend and apply to the Governor-General for the time being of provisions Canada, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada on behalf and in the name of the Queen, by whatever title he is designated. Constitution of 11. There shall be a Council to aid and advise in the Government Privy Council of Canada, to be styled the Queen's Privy Council for Canada; and for Canada. the persons who are to be members of that Council shall be from time to time chosen and summoned by the Governor-General and sworn in as Privy Councillors, and members thereof may be from time to time removed by the Governor-General.

be exercised

advice of

12. All powers, authorities, and functions, which under any Act All powers of the Parliament of Great Britain, or of the Parliament of the under Acts to United Kingdom of Great Britain and Ireland, or of the Legislature by Governorof Upper Canada, Lower Canada, Canada, Nova Scotia, or New General with Brunswick, are at the Union vested in or exercisable by the respective Privy Council, Governors or Lieutenant-Governors of those Provinces, with the or alone. advice, or with the advice and consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof, or by those Governors, or LieutenantGovernors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable by the GovernorGeneral, with the advice or with the advice and consent of or in connection with the Queen's Privy Council for Canada, or any members thereof, or by the Governor-General individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.

13. The provisions of this Act referring to the Governor-General Application of in Council shall be construed as referring to the Governor-General acting by and with the advice of the Queen's Privy Council for Canada.

provisions referring to GovernorGeneral in Council.

Power to Her Majesty to authorize

appoint

14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor-General from time to time to appoint any person or any persons jointly or severally to be his Deputy or GovernorDeputies within any part or parts of Canada, and in that capacity General to to exercise during the pleasure of the Governor-General such of the Deputies. powers, authorities, and functions of the Governor-General as the Governor-General deems it necessary or expedient to assign to him or them, subject to any limitations or directions expressed or given by the Queen; but the appointment of such a Deputy or Deputies shall not affect the exercise by the Governor-General himself of any power, authority or function.

15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.

Command of armed forces

to continue to be vested in the Queen.

16. Until the Queen otherwise directs the seat of Government of Seat of Canada shall be Ottawa.

Government of
Canada.

IV. LEGISLATIVE Power.

17. There shall be one Parliament for Canada, consisting of the Constitution of

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