Sec. 5. In the first year of the first legislature, the Senate, as soon as it has completed its organization, shall designate the first and second thirds of its members whose terms shall cease at the end of the first and second triennial periods.

Sec. 6. This designation shall be made in three lists, corresponding to the three thirds of the Senate, whereon the names of the Senators of each state and of the federal district shall be inscribed, according to the respective number of votes obtained by them, so that the one first in the voting in the federal district and in each state shall be placed in the list for the last triennium and the others in the lists for the other triennial periods, according to the relative number of votes obtained by them.

Sec. 7. In case of a tie preference shall be given to the elder, and if the ages be equal, the choice shall be made by lot.

ART. 2. The state which at the end of the year eighteen hundred and ninety-two shall not have adopted a constitution for itself shall be, by act of Congress, subjected to that one of another state, which may be deemed most suitable, but the state thus subjected to the constitution of another state shall have the right to amend that instrument in the manner provided in the same.

ART. 3. As fast as the states shall be organized, the federal government shall deliver to them the administration of the services which belong to them under the constitution, and shall put an end to the responsibility of the federal administration in all that relates to such services and to the payment of the respective officials.

ART. 4. While the states are engaged in regulating their expenses, during the time when they are organizing their administration, the federal government shall grant them special credits for this purpose, under conditions to be established by law.

ART. 5. As soon as the states are organized, the classifica

tion of the revenues established in the constitution shall enter into force.

ART. 6. In the first appointments of federal and state judges preference shall be given to the present judges of the courts of first instance, and to the chief judges who may enjoy the greatest reputation.

Judges who have served for over thirty years and who cannot have positions in the new judicial organization shall be retired on full pay.

Those who have served for less than thirty years shall continue to receive their present salaries until they are employed or retired with salaries corresponding to their time of service.

The expenses incurred in paying the salaries of the judges placed on the retired or reserve lists shall be paid by the federal government.

ART. 7. On and after November 15, 1889, a pension shall be paid to D. PEDRO DE ALCANTARA, ex-Emperor of Brazil, which shall guarantee him a suitable maintenance for the remainder of his life. Congress in its first regular session shall fix the amount of this pension.

ART. 8. The federal government shall acquire for the nation the house in which DR. BENJAMIN CONSTANT BOTELHO DE MAGALHÃES died, and shall order a tablet to be placed upon the same in memory of that great patriot and founder of the republic.

The widow of the said DR. BENJAMIN CONSTANT shall enjoy the use of such house during her life.

CANADA

The French province of Canada was ceded to Great Britain by the Treaty of Paris of 1763. The people of the colony were allowed practically no share in its government until 1774; the Quebec act of that year intrusted the government to a governor and a legislative council appointed by the King, and representative institutions were not introduced until 1791. In 1791 Canada was divided into two provinces, Upper Canada and Lower Canada, and each province was given an elected assembly. In Lower Canada the conflict between the English and French races led to serious difficulties which culminated in the rebellion of 1837-38. This uprising was suppressed without difficulty and Lower Canada was governed for the next two years without a representative assembly.

Lord Durham was sent to Canada in 1838 as high commissioner; in an elaborate report he recommended the establishment of responsible government, i. e., that the government should be intrusted to those having the confidence of the representative house of the legislature; and that Upper and Lower Canada be again united into one province. The legislature of Upper Canada and the special council of Quebec passed addresses favoring the union, and the two provinces were united by a British act of 1840. After 1840 the government of Canada was conducted more or less upon the principle of responsible government, but not until the administration of Lord Elgin which began in 1847 was this principle fully recognized. The legislative union under the act of 1840 did not work well because of the continued conflict between the English and French portions of the population; government at last became practically impossible because of the close political divisions in the assembly.

Lord Durham in 1839 had recommended a federal union of the Canadian provinces, and such a union had been made a political issue in 1858. Before this date responsible government had been introduced into the maritime provinces of Nova Scotia, New Brunswick, and Prince Edward Island, and the question of

the union of the maritime provinces was under consideration in 1864. The Canadian ministry took hold of the matter and on October 10, 1864, delegates from all of the British North American colonies met in conference at Quebec. Newfoundland was represented in this conference but took no further action with regard to a union with the other colonies. This conference drew up seventy-two resolutions which were approved by the governments of Canada, New Brunswick, and Nova Scotia. Another conference was held at London in the winter of 1866, at which some changes were introduced into the plan of union, and the British North America Act was passed by the British Parliament in March, 1867.

SELECT BIBLIOGRAPHY

CLEMENT, W. H. P. The Law of the Canadian Constitution. (2d ed., Toronto, 1904.) Consists principally of an annotated text of the

British North America Act.

WHEELER, GERALD JOHN. Confederation Law of Canada; Privy Council Cases on the British North America Act, 1867. (London [1896].) Contains text of the important decisions construing the British North America Act.

CARTWRIGHT, JOHN R. Cases Decided on the British North America Act, 1867, in the Privy Council, the Supreme Court of Canada, and the Provincial Courts. (Toronto, 1882-97. 5 vols.) The most complete collection of cases.

BRADSHAW, F. Self-Government in Canada and How It Was Achieved: The Story of Lord Durham's Report. (London, 1903.) An interesting and valuable account of Lord Durham's mission to Canada in 1838. HOUSTON, WILLIAM. Documents Illustrative of the Canadian Constitution. (Toronto, 1891.) An indispensable collection of documents. BOURINOT, J. G. How Canada Is Governed. (5th ed., Toronto, 1902.) The best elementary work on the Canadian government.

BOURINOT, J. G. A Manual of the Constitutional History of Canada. (New edition, Toronto, 1901.) An important study of Canadian constitutional development by the leading authority.

MUNRO, J. E. C. The Constitution of Canada. (Cambridge, 1889.) A study of the organization of the Canadian government and of its relations with the imperial government.