the colonies was regarded by Lord Durham as one of the principal factors in the ill-government of Canada; competent observers to-day notice the financial chaos in France and Italy as a consequence of the neglect of this rule. Ever since the introduction of responsible government into the colonies, the rule has in one form or other found a place in colonial constitutions. Consistently, therefore, it is provided in the Constitution that "a vote, resolution, or proposed law for the appropriation of revenues or monies shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated" (section 56). This provision must, like so much else that belongs to our system of Parliamentary government, be supplemented by conventional rules such as exist in the House of Commons as to the origination of laws imposing taxation, and the prohibition of the increase of the amount asked for by the Crown.

CHAPTER VII.

THE RELATIONS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES.

In the working of responsible government in the colonies, we are accustomed to such a constitution of the two Houses of the Legislature as ensures the supremacy of the Lower House. The colonies are democratic communities, and the Legislative Councils sin against the current doctrines of democracy in that they are constituted by nomination and not election, or, if they are elective bodies, their members generally require some qualification of property, and are always elected by a "select" constituency; while they are not by dissolution made readily responsive to public opinion. The Assembly, always elected on the broadest basis of qualification both for the members and electors, and frequently reconstituted by a general election, is the predominant power, because it harmonizes, and the Legislative Council does not, with the national life and spirit.

These conditions are not fully reproduced in the Commonwealth Government. The Constitution described in the last chapter shows us two Chambers, each elected upon a popular basis, uniform alike in the qualification for members and for electors; and the provision for payment of salaries equal in amount to Senators and Members of the House leaves no room for the suggestion of social exclusiveness as a mark of distinction between them.

Thus popularly constituted as the House itself, the

Senate represents an essential principle of Union—it is the House of States in a Federal Commonwealth. It is true that neither in Canada nor in Switzerland does the House of the States exercise an equal power with the other House, but in both cases there are circumstances of constitutionin Canada, the nomination of members and the imperfection of the States' principle; in Switzerland, the small number of members and the want of any single principle of constitution-which have determined for it an inferior

position.1

The other circumstances of constitution which may affect the position of the Senate in the Government are its permanent existence as a body and the longer tenure of its members. These are conditions which are commonly believed to be a check upon "democratic recklessness"; they are the especial marks of the "revising" and "retarding" Chamber, the "Second Chamber," or "Upper House."

The circumstance which most closely touches the relation of the two Houses of the Parliament is the introduction of Cabinet Government, with its tradition of the supremacy of one House through the control of finance. The constitution seeks to reproduce the main features of this familiar relation in two ways: (1) by provisions as to Money Bills; (2) by a novel provision for deadlocks.

REVENUE AND APPROPRIATION LAWS.

Sections

This matter is dealt with by sections 53 to 56. 53 to 55 seek to define with more detail and precision than is customary in constitutions the powers of the two Chambers of the Legislature respectively, a matter which has in all the colonies been one of controversy, and in some has produced conflicts of so much heat as to involve Governor, Ministry, and both Houses of the Legislature in discredit. The attempt to translate to the colonies the traditions of the Lords and Commons has hardly succeeded

1 Even in Switzerland, the Council of States exercises considerable power, and has not been relegated to that condition of subordination found in the Upper House of countries where the Cabinet system exists.

even where the Legislative Council has been a nominee body; where the Legislative Council has been elective, there has been more than a plausible ground for standing purely upon the law of the Constitution, a law which, reproducing often clumsily and in ill-chosen words some of the conventional rules which are observed by the Lords and Commons, has been silent as to others. In the Commonwealth the Senate is more than the Legislative Council of a colony; not merely elected, it rests upon the the same popular basis as the House of Representatives, and its constitution charges it with the protection of interests which might not be those represented by the majority of the House. On the other hand, the States contribute to and receive from the Commonwealth upon a population basis, and the House of Representatives is broadly speaking the representative of population. While the House of Representatives cannot claim that Parliamentary supplies are made good by their sole constituents, they can evidently claim a larger power than can the Senate. These are the conditions which underlie sections 53 to 55.

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand, or payment, or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make

any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

54. The proposed law, which appropriates revenue or moneys for the ordinary annual services of the Governnent, shall deal only with such appropriation.

55. Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

In section 53 the Constitution avoids the ambiguous words "for appropriating" of the Constitution Acts of the colonies, and adopts a word expressive of the most extensive power claimed by the Lower House. The words following, however, while preserving the initiation of measures of finance to the Lower House, make provision against certain inconveniences which would attend the strict application of the rule. The exclusion of fees and penalties from the rule is suggested by the Standing Order of the House of Commons of July 24th, 1849.

The succeeding paragraphs of the section are suggested by certain resolutions adopted by the Council and Assembly in South Australia, and known as "The Compact of 1857." Unlike the Constitution Acts of some of the colonies, the Constitution Act of South Australia (No. 2 of 1855-6) made no special provision as to Money Bills save as to their recommendation to the Assembly by the Governor. Conflicts between the Council and Assembly as to their respective powers, in other colonies postponed for a time, began in South Australia at once. In the result, the Council waived its claim to deal with the details of the ordinary annual expenses of the Government submitted in