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TABLE OF CASES CITED

Abbott v. City of St. John, 40 S. C. R. 595: 405.

Angers v. Queen Insurance Co., 22 L. C. J. 307: 417.

Attorney-General for British Columbia v.
Attorney-General for Canada, [1914]
A. C. 153: 440.
Attorney-General for Canada v. Attorney-
General for Alberta, [1916] A. C. 588:
440.
Attorney-General for Canada v. Attorney-
General for Ontario, 20 O. R. 222: 392.
Attorney-General for Canada v. Attorney-
General for Ontario, [1898] A. C. 700 :

422.

Attorney-General for Canada v. Cain and
Gilhula, [1906] A. C. 542: 406.
Attorney-General for the Commonwealth of
Australia v. Colonial Sugar Refining
Co., Ltd., [1914] A. C. 237: 408.
Attorney-General for Ontario v. Attorney-
General for Canada, [1912] A. C. 571 :
440.
Attorney-General for Ontario v. Attorney-
General for the Dominion, [1896] A. C.
348 442, 443.

Attorney-General for Ontario v. Mercer,
8 App. Cas. 767: 415.
Attorney-General for Quebec v. Queen In-
surance Co., 3 App. Cas. 1090: 442.

Bank of Toronto v. Lambe, 12 App. Cas. 575: 440.

Board v. Board, [1919] A. C. 956: 396. Brophy v. Attorney-General for Manitoba, [1895] A. C. 202: 421, 434.

Campbell v. Hall, 20 St. Tr. 239; Cowper, 204: 36.

Canadian Pacific Railway Co. v. Ottawa Fire Insurance Co., [1907] 39 S. C. R. 405: 440.

City of Toronto v. Canadian Pacific Railway Co., [1908] A. C. 54: 444. City of Winnipeg v. Barrett, [1892] A. C.

445: 433.

Corporation of Three Rivers v. Sulte, 5 L. N. 332: 417.

Crown Grain Company, Ltd. v. Day, [1908] A. C. 504: 395.

ex parte Dansereau, 19 L. C. J. 210: 392. Doyle v. Bell, 11 O. A. R. 326: 444.

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INDEX

NOTE:-(a) Titled personages are indexed as a rule under their titles and not under

their family names.

(b) Cases are not indexed. They can be referred to in the Table of Cases

cited.

(c) The Authorities' are not indexed. The foot-notes are indexed, with
the exception of unpublished manuscripts and dispatches, parlia-
mentary reports and papers, published collections of documents,
letters and correspondence, and Acts of parliament.

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ALIEN ACT OF 1804, 120, 134.
ALIENS, create problem in Upper
Canada, 127, 128, 137-8; legislative
control over in the dominion, 433, 434.
ALLIER, JACQUES, appointed judge for
Berthier by Murray, 26.

ALLIN, C. D., author of Annexation,

Preferential Trade, and Reciprocity,
and British North American League,
1849, 260 note 3.

ALTERATION OF THE CONSTITUTION. in
the Canadas, 163; in the dominion,
450-1; in the provinces, 391, 392,
393, 430.

AMERICAN CIVIL WAR, its influence on
constitutional development, 5, 281,
291-2, 302; its influence on defence,
276-7; and British and Canadian
public opinion, 291-2; its political
nomenclature, 403.

AMERICAN REVOLUTION. THE, its in-
fluence on the Quebec Act, 56, 63, 64;
its influence on the province of Quebec,
69; on British North America, 71,

1

73, 75; its constitutional machinery,
402.

AMHERST, SIR JEFFREY, BARON, (1717–
97), his military achievement, 23;
appoints Burton governor of Three
Rivers and Gage governor of Montreal,
26; organizes administration of Three
Rivers and Montreal, 27; his in-
structions to Burton and Gage, ib.
An Appeal to the Public: stating and
considering the Objections to the Quebec
Act, by Thomas Bernard, 63 note 2.
ANGLICAN CHURCH, its position
Canada, 3, 4; its position under Mur-
ray's instructions, 39; its position
under the Constitutional Act, 82, 83;
its privileges in Upper Canada, 117,
120; weakened by immigration, 128;
creates disabilities for other churches,
138; its monopoly of the clergy
reserves and its privileges challenged,
139-40. 143, 147,
153; rectories

in

created for, 148-9, 153; it antagonizes
Upper Canada, 161, 162; its influence
in Nova Scotia, 172; Sydenham and,
190-1; its status under Act of Union,
198. See also Clergy Reserves,
Constitutional Act.

ANGLO-JAPANESE TREATY, 353:
ANNAND, WILLIAM, (1808–92), opposed
to federation in Nova Scotia, and
defeated by Tupper (1867), 318.
ANNEXATION MOVEMENT, 259, 260
note 3, 261, 336.

Annexation, Preferential Trade, and
Reciprocity, by C. D. Allin and G. M.
Jones, 260 note 3.

ANTICOSTI, 33 note 5, 51.

APPEALS TO PRIVY COUNCIL, under the
proclamation of 1763, 34; under the
Constitutional Act, 82; attempts to
limit in the dominion, 341, 397; in

Ontario, 397, 398; criticism of, 398;
and South Africa, 399; and Australia,
456. See also Tupper, C. H.; Raney,
W. E.

APPEALS TO SUPREME COURT, 341, 395,
397.

APPOINTMENT OF JUDICIAL OFFICERS,
see Judicial Systems.
ARCHIBALD, SIR ADAMS GEORGE, (1814-
92), first lieutenant-governor of Mani-
toba, 329, 330 note 1.
ARMY ACT, IMPERIAL, 355, 363.
ARTHUR, SIR GEORGE, (1784-1854),
lieutenant-governor of Upper Canada
(1838-41), his important interview
with Sydenham, 187 note 4.
ASHBURTON TREATY (1842), 72, 221.
ASSEMBLY, HOUSE OF, promised under
proclamation of 1763, 33, 34; religious
difficulties and, 35; references to in
Murray's instructions, 36; and British
merchants, 43, 44, 45, 46, 47; deemed
inexpedient in Quebec Act, 51, 53;
renewed demands for after 1783, 75
advocated in house of commons, 77;
created in Maritime Provinces, 80;
in Upper Canada and in Lower Canada,
81.

ASSENT, withholding of, 82, 378, 379.
ASSINIBOIA, DISTRICT OF, 323, 329, 330
note 1.

ASSINIBOINE RIVER, Selkirk's settlement
on, 323.

Attitude of Governor Seymour towards

Confederation, by F. W. Howay,
334 note 1.

AURORA, ONTARIO, Edward Blake's
speech at, 340.

AUSTINIANSOVEREIGNTY, see Sovereignty.
AUSTRALIA, protests against lack of

consultation, 352; and imperial con-
ferences, ib., 359 note 1; its high
court, 398, 405-6; its Royal Com-
missions Acts (1902-12), 409; and
constitutional changes, 450; and re-
sidual powers, 455; and appeals, 456.
AUSTRIA-HUNGARY, 432.

AUTONOMY, development of Canadian,
339-76. See also Defence, Canada
(Dominion of), Foreign Affairs, Gover-
nor-General, Militia, Treaties.
AYLESWORTH, SIR ALLEN BRISTOL,
(b. 1854), minister of justice (1906-11),
424, 426.
AYLMER,MATTHEW WHITWORTH, BARON,
(1775-1850), governor-in-chief of
Canada (1831-5), his policy of con-
ciliation, 106; receives address on
grievances, ib.; attacked by Lower

Canadian Assembly, 107-9; recalled,
110.

AYLWIN, THOMAS CUSHING (1806-71),
solicitor-general for Canada East, 224.

BAGOT, SIR CHARLES, (1781-1843).
governor-in-chief of Canada (1842–3),
his estimate of Sydenham, 207–9;
contrasted with Metcalfe, 210-14;
character of his dispatches, 210; and
Russell's dispatches, 212; his sus-
picions of Baldwin, ib.; warned by
colonial office against the French-
Canadians, ib.; his estimate of the
Canadian situation, 213; his instruc-
tions, 214-15; ordered to be impartial
and to avoid discussions on responsible
government, 215-16; realizes collapse
of Sydenham's system, 216; fears to
meet the legislature, ib.; inherits
Sydenham's quarrel with the French.
216-17; decides to postpone the
summoning of the legislature, 217;
improves judicial system of Canada
East, ib.; makes changes in his
council, ib.; fails to gain the political
adherence of the French, 218; realizes
the French-Canadian political power,
ib.; his weak executive, ib.; is
recommended to send for La Fontaine
and Baldwin, ib.; his difficulties over
Baldwin, 219; fears to change Syden-
ham's methods, but sees necessity of
admitting the French, ib.; his dis-
patches astound the colonial office
and are sent to Peel, 220; opens
legislature, 221; approaches La Fon-
taine, 222; accepts Baldwin, 223;
his new ministry sustained by the
assembly, ib.; announces his policy
to the imperial government, 223-4;
is attacked, 225; gains French-
Canada, ib.; the reception of his
proceedings in England, 226; his
policy finally approved, 226-7; recog
nizes the virtual establishment of
responsible government, 227; wel-
comes Metcalfe's appointment, 227-8;
his death, 228; Metcalfe's estimate of
his work, 230, 233, 239. See also
Richardson, J.

BALDWIN, ROBERT, (1804-58), his elec
tion to the assembly of Upper Canada,
141; his appointment to Bond Head's
council, 151; his election address
(1841), 188; appointed solicitor-
general for Canada West, 199; desires
homogeneous executive, 200; dis-
appears from office under Sydenham's

un-

rebuke, ib.; moves for Russell's dis-
patches on responsible government,
202; proposes resolutions on respon-
sible government, 202-3; his
popularity with Bagot, 212, 219;
Harrison recommends him to Bagot,
218; Draper's refusal to work with,
219; is accepted as minister by Bagot,
222-3; is appointed attorney-general
for Canada West, 224; his estimate
of Bagot's experiment, 225; his
university bill, 242; differs with Met-
calfe over patronage and resigns,
242-3; anticipates the difficulties of
the double majority' principle, 247;
his election address (1847), 255; is
sent for by Elgin, ib.; and Rebellion
Losses Bill, 258; regrets Russell's
speech on colonial destiny, 261; his
difficulties over the clergy reserves
and seigniorial tenure, 262; his
resignation, 263.

re-

BANNERMAN, SIR ALEXANDER, (1783-
1865), lieutenant-governor of Prince
Edward Island (1851-4), and
sponsible government, 268.
BARRÉ, ISAAC, (1726-1802), and Quebec
Act, 63.

BÉDARD, ELZÉAR, (1799-1849), moves
adoption of ninety-two resolutions,
107; deserts Papineau, 109.
BÉDARD, PIERRE STANISLAS, (1762-
1829), and Le Canadien, 94; dismissed
from militia, 95; disagrees with
Craig on constitutional issue, 96;
arrested, ib.; raised to the bench, 99;
his opinion of assemblies', 101.
BELGIUM, treaty with, 347, 349.
BELLEAU, SIR NARCISSE FORTUNAT,
(1808-94), premier of the United
Province of Canada, 310.

BERNARD, LIEUT.-COL. HEWITT (1825-
93), his records of the Quebec con-
ference, 301.

BERNARD, THOMAS, author of An Appeal
to the Public: Stating and Considering
the Objections to the Quebec Act, 63
note 2.

BERTHIER, parish of, 26.

BIDWELL, BARNABAS, (b. 1763), associate
of Gourlay, 131; returned to assembly
and disqualified, 136; his defence
before the legislature, 136 note 1.
BIDWELL, MARSHALLSPRING,(1799-1872),
in correspondence with Papineau,
111; reform member of assembly,
137, 139, 141; his misinterpretation
of Head's actions, 151;
mistrust of, ib., 153.

Head's

BILL OF RIGHTS (1 William and Mary,
sess. 2, c. 2), 378; of New Hampshire,
454.
BLACHFORD, FREDERIC ROGERS, BARON,

(1811-89), permanent under-secretary
of state for the colonies (1860-71),
314, 315 note 1, 316.

BLAIR, ADAM JOHNSTON FERGUSSON,
(1815-67), 310.

BLAKE, EDWARD, (1833-1912), minister
of justice (1875-7), supports 'Canada
First' party, 340; his Aurora speech,
ib.; and supreme court, 341; and
power of pardon, 342; and governor-
general's commission and instructions,
ib.; and Canadian status, 342-4;
and tariffs, 344; and power of dis-
allowance, 420, 421, 423.
BLANSHARD, RICHARD, (d. 1894), gover-
nor of Vancouver Island, 332.
BOER WAR (1899-1902), 354.
BONAR LAW, RT. HON. ANDREW,
(b. 1858), and status of the dominions,
448.
BORDEN, RT. HON. SIR ROBERT LAIRD,
(b. 1854), his Constitutional Studies,
351 note 1, 363 note 1, 380 note 2;
and Laurier's naval bill, 356; and
defence, 356-8; present at imperial
cabinet, 364; his speeches in England
on foreign policy, ib., 366, 367; and
war cabinet, 366; and ratification of
treaties, 372; and League of Nations,
373; and dominion status, 375;
and electoral ridings, 386; and
appeals, 398.

BOSTON MASSACRE (1770), and TEA
PARTY (1773), 62.

BOULTON, HENRY JOHN, (b. 1790),
solicitor-general of Upper Canada, 129;
his political incapacity as attorney-
general, 144; his dismissal, 146;
receives judicial appointment in New-
foundland, ib.

BOUNDARIES, under proclamation of
1763, 33 note 5; under Quebec Act of
1774, 52 note 1; under Peace of
1783, 71-2; under Ashburton treaty
of 1842, 72, 221; under Washington
treaty of 1846, 249, 323, 331.
BRIAND, JEAN OLIVIER, (1715-94),
bishop of Quebec (1766-84), his
consecration, 42.

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