Page

the Assembly; secondly, that it is a grave evil to

appoint new members to the Council in order to carry

such measures, as such a method may involve too wide

possibilities of increase in future difficulties of a sim-

ilar nature. How can the problem be solved? It is to

be understood that only "clear and obvious necessity,"

-"practical inconvenience must have actually arisen

and to a serious extent"-will justify the appointment

of additional members. Such urgent necessity will

not excite indignation, and it is likely that the Council

will yield to circumstances demanded by popular

opinion and prevent the adoption of such a drastic

measure. With regard to the Executive Council, when

they cannot govern, application must be made to the

opposite party. The Governor must make it clear that,

while he can never assent to the abuse of the royal

authority for party as opposed to public objects, he is

willing to work with any party that can command

public confidence, as the Government of the British

Provinces cannot be carried on "in opposition to the

opinion of the inhabitants.".

CLXII. Earl Grey to Lieut.-Gov. Harvey, March 31, 1847 . . 573

Outlines the British system of government and points

out the difference between "political" and "official"

appointments. He sees no reason, but rather wel-

comes the idea,-why Colonial Government should not

follow the British system. A careful criticism is given

of the possibilities of carrying it into effect, but it is

pointed out that few appointments at present should be

of a "political" nature, involving changes with the

change of public opinion, and that the vast number of

smaller appointments should be of an official kind,

"during good behaviour"; thus the danger of dislocation

in administration will be lessened-a danger not to be

minimized in a small community which has just gained

"responsible government." Outlines a scheme for the

"political" appointments, and also lays it down that

"permanent officials" must not be members of either

House of the Legislature. "Political" appointments

will carry with them seats in the Executive Council.

With these considerations in mind, "that system of

Parliamentary Government which has long prevailed

in the Mother Country" can be immediately adopted.

CLXIII. Elgin to Earl Grey, 1847

Outlines his conception of the position of the Gov-

ernor under the newly introduced system of respon-

sible cabinet government: frank and unreserved con-

stitutional support to his ministers, but never conceal-

ing from them that nothing will prevent him from

working cordially with their opponents, if forced upon

him.

CLXIV. Elgin to Lady Elgin, 1847

577

579

Lord Durham's vindication will be the fair working

out of his system of Government in Canada.

CLXV. Elgin to Earl Grey, April 30, 1849

579

A detailed account of the riots at Montreal and the

public excitement following on Elgin's signing the

Rebellion Losses' Bill.

Page

Elgin defends his action as

entirely constitutional and exposes the shallowness of

the claims made by a "British" minority to be the sole

loyalists in the Province.

CLXVI. Elgin to Earl Grey, March 23, 1850

Criticises Russell's speech of Feb. 8, 1850, in which he

anticipated Colonial independence. Pleads for a

nobler conception of the Colonies. "You must allow

them to believe that, without severing the bonds which

unite them to Great Britain, they may attain the degree

of perfection and of social and political development

to which organized communities of freemen have a
right to aspire." Russell's opinion will only add sup-
port to the annexationists; will grieve the loyal and
well affected such as Baldwin; and will hurt the Pro-
vince financially and economically.

CLXVII. Elgin to Earl Grey, November 1, 1850

Contrasts American and British forms of government.

Responsible Cabinet Government can flourish in the

Dominions. "This faith I have imparted." The de-

pendencies cannot be governed "on the antiquated

bureaucratic principle, by means of rescripts from

Downing Street." "I have always said to my advisers,

'While you continue my advisers, you shall enjoy my

unreserved confidence, and en revanche you shall be

responsible for all acts of Government.'

CLXX. Elgin to the Duke of Newcastle, February 18, 1853

The prerogative of the Crown should be employed as

a means of attaching the outlying parts of the Empire

to the throne. Imperial honours should emanate

directly from the Crown, not on the recommendation

of the local Executives, and they should only be

bestowed on "eminent persons who are no longer

actively engaged in political life."

CLXXI. Elgin to the Duke of Newcastle, March 26, 1853

To the argument that, by a severance of the con-

nexion, British statesmen will be relieved of an oner-

ous responsibility for colonial acts of which they can-

not otherwise rid themselves, Elgin replies that the

true answer is to throw "the whole weight of respon-

sibility on those who exercise the real power."

CLXXII. Elgin to Sir George Grey, December 18, 1854

Outlines his conception of the functions of a Gov-

ernor.

CLXXIII. The Union Act Amendment Act (11 & 12 Victoria,
c. 56), 1848

Repeals section 35 of the Act of Union (No. CLIII.),

583

586

587

589

590

590

591

591

Page

which provided for the sole use of English as the
official language.

CLXXIV. The Union Act Amendment Act (17 & 18 Victoria,
c. 118), 1854

Gives Legislature of Canada power to alter the con-
stitution of the Legislative Council and repeals Sec-
tions 26 and 42 of the Act of Union (No. CLIII.).

CLXXV. The Union Act Amendment Act (22 & 23 Victoria,
c. 10), 1856

Gives Legislature of Canada power to make laws

regulating the appointment of a Speaker of the Legis-

lative Council.

CLXXVI. Colonial Habeas Corpus Act (25 & 26 Victoria, c. 20),

1862 .

592

594

.

595

Writ of Habeas Corpus not to issue into any colony

or foreign dependency of the Crown having courts

authorized to grant the same.

CLXXVII. Colonial Laws Validity Act (28 & 29 Victoria, c. 63),

1865

An Act to remove doubts as to the validity of Colonial

laws. A Colonial law cannot be repugnant to the

laws of England: the meaning of "repugnancy" is

embodied in this Act.

CLXXVIII. Debates in the Canadian Parliament on Confederation,

1865

595

597

CLXXIX. British North America Act (30 & 31 Victoria, c. 3), 1867. 665

SIXTH PERIOD

1867-1915

Introductory Note to the Period

687

CLXXX. The Manitoba Act (33 Victoria, c. 3, Dominion Statute),

1870

689

694

CLXXXI. The British North America Act (34 & 35 Victoria,

c. 28),

1871

Parliament of Canada may establish new Provinces

and provide for the constitution thereof; may alter

the limits of Provinces, with the consent of their

Legislatures; may legislate for any territory not in-

Icluded in a Province. Limits power of Canadian

Parliament to legislate for an established Province.

Confirms Acts of the Canadian Parliament for the

temporary Government of Rupert's Land and North

Western Territory and No. CLXXX.

CLXXXII. Parliament of Canada Act (38 & 39 Victoria, c. 38), 1875. 695

Repeals Section 18 of B. N. A. Act, 1867 (No.

CLXXIX.), with regard to the privileges of the Cana-

dian Parliament, provides a new section defining those

privileges, etc.

CLXXXIII. Letters Patent Constituting the Office of Governor

General of the Dominion of Canada, 1878

696

Page

CLXXXIV. Instructions to the Governor General of the Dominion

of Canada, 1878

CLXXXV. The British North America Act, (49 & 50 Victoria,

c. 35), 1886

Parliament of Canada may provide for Parliamentary

representation for any territories which form part of

the Dominion, but are not included in any of its Pro-

vinces.

CLXXXVI. The Alberta Act, (4 & 5 Edward VII, c. 3, Dominion

Statute), 1905

CLXXXVII. The British North America Act (7 Edward VII, c. 11),

1907

Makes further provision with respect to the sums to

be paid by Canada to the several Provinces of the

Dominion.

CLXXXVIII. The British North America Act (5 & 6 George V, c. 45),

1915 .

Alters the constitution of the Senate, and provides

that a Province shall always be entitled to a number

of Members not less than the number of Senators

representing such Province.

698

699

700

704

706

FIRST PERIOD

1759-1763