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already given, that the Federal government is restricted to granted powers, while those not mentioned are reserved "to the States respectively or to the people." Somewhat later came the XIth Amendment, affecting the judicial power, and the XIIth affecting the Electoral College. By the XIIIth, XIVth, and XVth, adopted since the Civil War, slavery was swept away, national authority magnified against State assumption, and the right to vote secured to all citizens without account "of race, color, or previous condition of servitude."

The Constitution was meant only as a scheme in outline, to be filled up afterwards and from time to time, by legislation. The idea is most plainly carried out in the Federal justiciary; but it is visible in every department. It has carried the Constitution safely through a century which has radically altered every other civilized government. The members of the convention of 1787 showed their wisdom most plainly in not trying to do too much; if they had done more they would have done less.

APPENDIX E.

SUMMARY OF THE CONSTITUTION OF CANADA.

THE Dominion of Canada consists of the seven federated Provinces, Quebec, Nova Scotia, New Brunswick, Prince Edward's Island, Ontario, Manitoba, and British Columbia, together with vast unorganized territories.

In accordance with the provisions of the British North American Act of 1867, which regulates the Constitution of Canada, the Imperial Parliament bestows upon the Dominion a government controlled by a Parliament, consisting of the Governor-General as representative of the Queen of England, a Senate, and a House of Commons. The appointment of a Governor-General and of a Commander-in-chief of the military and naval forces of Canada are the only exercise of authority in Canadian affairs beyond the control of the Canadian Parliament; and the one reminder left to show that the age of colonial tutelage is not entirely outgrown.

The Senate comprises seventy-eight members. Each Senator

must be at least thirty years old, a native-born or naturalized subject of Great Britain, and the possessor of property in his own Province to the value of $4000, over and above his debts and liabilities. Appointment to the Senate rests nominally with the Crown, but virtually with the ministry of the Dominion; for under "responsible government," the premier pro tem. governs. Senatorial appointments are for life unless the appointee resigns, turns traitor, becomes bankrupt, or forswears allegiance to the Crown of England.1

The number of members in the House of Commons is not fixed definitely, as in the membership of the Upper House, but varies with the returns of the decennial census. Quebec has sixty-five members in the Commons, and this number remains the same whatever may be the change of population in that Province; and the proportion this number of members bears to the number of the population of Quebec, after the census of that Province is taken, determines the members to be returned by the whole country; as each Province is entitled to send members to Parliament in the same ratio to its number of inhabitants that sixty-five bears to the population of the Province of Quebec. At present Quebec has a member for every 20,900 of her population; the other Provinces have members in the same proportion, except certain less populous Provinces that were specially excepted. The total number of Representatives at present is two hundred and ten. The voting for members of Parliament is by ballot, practically almost every owner or occupant of a house possessing the suffrage.

The Governor-General, like the constitutional sovereign he represents, keeps aloof from party in the state. He governs solely through his Ministers, who are his advisers; and so long as they have a majority of the people's Representatives at their back, he must hearken to their counsel. In this he has no choice. In the most extreme case, the utmost stretch of his authority only permits him to exercise the royal prerogative, dismiss his Ministers, dissolve the Parliament, and obtain a new expression of the will of the people. In a constitutional way, as advised by the Ministry, he speaks as with the voice of the nation; were he to speak otherwise, his words would have no authority. Each Minister of the Crown

1 The Senate of Canada, like the Upper Houses in general of the British Empire, is weak. A tendency prevails in the Empire to exchange the nominated for elective Upper Houses; sometimes the Upper House is dispensed with entirely. Dilke: Problems of Greater Britain, p. 505.

is required to have a seat in Parliament; as the Lower House controls the finance, the Ministers of the more important departments are generally members of that House, in order there fully to explain the operations of their departments.

The public business controlled by the Dominion government is transacted through thirteen departments, each of which is controlled by a member of the Ministry. 1. The Interior; 2. Finance; 3. Public Works; 4. State; 5. Railways and Canals; 6. Agriculture; 7. Postal-service; 8. Justice; 9. Marine and Fisheries; 10. Customs; 11. Inland Revenue; 12. Militia and Defence; 13. That of President of the Council. The branches of public business coming under control of the Dominion government are : management of trade, commerce, indirect taxation, and the public debt; postal-service; the census and statistics; militia and defence; payment of public officers; lighthouses, navigation, shipping, and quarantine; fisheries; currency, banking, coinage, and legal tender; weights and measures; bankruptcy; patents and inventions; naturalization laws and laws of divorce; penitentiaries and criminal law; railways, canals, and telegraphs, if extending beyond the limits of a single Province; and, in general, "such classes of subjects as are expressly excepted in the enumeration of the classes of subjects, by this Act exclusively assigned to the Legislatures of the Provinces."

A Lieutenant-Governor for each Province is appointed by the Dominion government. Each Province, moreover, has a Legislature: in Ontario, Manitoba, and British Columbia, the Legislature consists of a single chamber of Representatives, elected by a broad suffrage. The remaining Provinces have, besides the popular chamber, an Upper House: the Upper House, in the case of Prince Edward's Island, like the popular chamber, is elective; while in the case of Quebec, Nova Scotia, and New Brunswick, it is nominated. Each Province is left to itself to regulate such affairs as concern itself solely; viz., the management of its public lands, the appointment of officers of justice, except judges (who are appointed by the Dominion government); education; asylums, hospitals, and charities; jails, prisons, and reformatories, except penitentiaries; municipal institutions; shop, tavern, and other licenses; local works; the solemnization of marriages; property and civil rights; administration of justice in provincial courts, both of civil and criminal jurisdiction; the appointment of magistrates and justicesof-the-peace; emigration so far as concerns provincial lands; and

No

generally all matters of a merely local and private nature. Province has the power to organize or maintain a military force; and the Dominion government has the power to disallow any enactments of the local Legislatures which are ultra vires. In each Province the Lieutenant-Governor has his Ministry, who cannot remain in office unless sustained by a majority of the Representatives of the people. The machinery of government is directly responsive to public opinion. Publicists, both English and American, have referred to the Canadian system as virtually one of the most democratic in existence.

It is interesting to note that as regards local government, there has been in Canada a complete revival of most ancient methods. In the local government of Ontario, called by Sir Charles Dilke the best in the world, an elected Reeve and four deputies make up each township council; and the Reeves, each with his four, from all the townships of a county, assembling, constitute together the Countycouncil, which thus reproduces the old shire-moot. In Quebec, also, the County-council is made up of the Mayors of the municipalities; but in Ontario and Manitoba the ancient name of Reeve is used.1

The main difference between the Constitutions of Canada and the United States is that in Canada the central power is far stronger. The Dominion Parliament keeps in its own hands the criminal law and that of divorce, the appointment of judges, the nomination of the Lieutenant-Governors of Provinces, the militia system, all of which belong in the United States to the separate States. The Dominion has a veto, virtually exercised by the Prime Minister, though in the name of the Crown, upon the legislation of the Provinces. No such veto exists in the United States, if the local laws are constitutional.

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Sir Henry Parkes, premier of New South Wales, is authority for the statement that the Constitution of Canada is to be the model for federated Australia.2

1 Problems of Greater Britain, p. 66.

2 Ibid., pp. 58, 59.

INDEX.

Adams, Brooks, in Atlantic Month-|
ly, cited on the origin of the Con-
stitution of the United States,
234.

Adams, Herbert B., in Johns Hop-
kins Historical and Political
Tracts, "The Germanic Origin
of New England Towns," cited,
116, 276.

Adams, John, on the value of the

New England town-meeting, 284.
Adams, Samuel, life of, by the
writer, quoted, on the "Coming
on of the American Revolution,"
199, etc.; on the American Tories,
227, etc.; on the New England
town-meeting, 278, etc.
Addison, his "Remarks on Italy"
quoted on the political compe-
tency of the plain people, 334.
Etheling, an Anglo-Saxon noble,

5.

Agitators, lower council of the
army in 1647, 141.

66

Agreement of the People," the
first, 1647, 141, etc.; the second,
1649, 152, etc.

Alabama, local government in, 296.
Alfred, King, his conservative in-
stincts and influence, 21.

Allen, W. F., on the government
of American cities, 299.
America, discovered at a critical
period for Anglo-Saxon freedom,
93 (see United States).
Anburey, his "Travels" cited on
leadership of Massachusetts in
American Revolution, 216.
Anglo-Saxons, their primitive home
and condition, 2, etc.; their con-
quest of Britain, 15, etc.; their

conversion to Christianity, 19;
development of their polity, 20,
etc.; influence upon them of the
Danes, 22, 23; their array at Hast-
ings, 31, 32; their prowess, 34;
their overthrow by the Normans,
35.

Anglo-Saxon freedom, characteris-
tics of, 4, etc.; why valuable,
views of John Stuart Mill and J.
Toulmin Smith, 12, etc.; its de-
pression under Edward the Con-
fessor, 23; its submergence at the
Norman conquest, 38; to some
extent restored through Magna
Charta, 51; contended for by Wat
Tyler and the peasants in the
14th century, 77; by Jack Cade
and his followers in the 15th cen-
tury, 89; on the point of perish-
ing under Tudor rule, 93; and
under Stuart rule, 109; thor-
oughly revived by the Indepen-
dents in 1647, 140, etc.; depressed
once more at the Restoration, 163;
the American Revolution, an ef-
fort for its vindication, 230; es-
tablished and formulated in the
Constitution of the United States,
232, etc.; its educative power con-
sidered by Sir T. E. May, 259; by
J. Toulmin Smith, 260; restored
to England and her dependencies
since Reform Bill of 1832 and its
successors, 263, etc.; adopted in
part by Europe in general, 271;
possibility of its adoption in In-
dia, 272; to be administered only
by Anglo-Saxon men, 272, 273,
also 308; destined for the domin-
ion of the world, 308, etc.; love

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