vi

worthless to the serious student. At the same time he does not pretend to have done more than scratch the surface of many a vital problem. Each of the separate subjects, for instance, enumerated in the chapter on the Distribution of Legislative Power opens a long vista of legal decisions : these the author has been compelled to avoid.

As for the historical chapters in Part I., the author believes that a study of the development of Union in Canada and Australia is particularly necessary in South Africa at this moment, and he knows by experience how difficult it is to obtain a clear account of that development. In the case of the United States there is no such difficulty. In this connection the author wishes to acknowledge his debt to Messrs. Quick and Garran. Chapter II. of Part I. is based almost entirely upon their historical introduction to the Annotated Constitution of the Australian Commonwealth. That invaluable work has been throughout of the greatest assistance to the author, who would like to pay a sincere tribute of admiration to the ability and research of its joint authors.

No attempt has been made to discuss or illustrate the working of the Australian Constitution : the material for such an attempt has not yet been published in a collected form, and lack of time has made it impossible for the author to undertake the necessary research.

Finally, the author may perhaps be allowed to say that he has scrupulously tried to avoid any expression of personal opinion while deliberately preferring to rely in almost every case on quotation; and to plead in extenuation of both obvious defects and latent errors that it has been necessary to bring out this book in a very short time and under the stress of a great pressure of other work.

SUMMARY OF CONTENTS.

PART I.

UNION IN CANADA, AUSTRALIA AND GERMANY.

PAGES.

1-29

30-66

CHAP. I. THE CREATION OF THE DOMINION OF CANADA

Canada in 1863, pp. 1-2. The Quebec Act, p. 2. The

Constitutional Act, 1791, p. 3. Political Disputes, pp. 4-8.

Lord Durham's Report, pp. 9-11. Period before Union,

pp. 12-16.

First Steps towards Union, pp. 17-19. The

Quebec Conference, pp. 20-23. Action on the Quebec

Řesolutions, pp. 24-26. The B.N.A. Act, 1867, pp. 27-29.

CHAP. II. THE GROWTH OF THE AUSTRALIAN COMMONWEALTH..

Imperial Initiative, pp. 30–31. Beginnings of the Australian

Movement, pp. 32-35. The Federal Council, pp. 36-37.

Convention of 1891, pp. 38-45. Popular Movement,

pp. 46-47. Convention of 1897–1898, pp. 48–61. First

Referendum, pp. 61-62. Second Referendum, pp. 63-64.

Enactment, pp. 65-66.

Chap. III. THE ADMINISTRATION OF THE GERMAN EMPIRE

Federal Council, pp. 67-70. Political Parties, pp. 71-73.

Decay of the Reichstag, pp. 74–76. Executive, pp. 77-80.

67-81

PART II.

PROVISIONS OF UNION CONSTITUTIONS.

CHAP. 1. THE GOVERNOR-GENERAL

82-91

Appointment, Canada, p. 82. Power of Pardon, Canada, p. 2.

Executive Powers, Canada, pp. 84-85. Appointment and

Executive Powers, Australia, pp. 86–87. Legislative

Powers, Canada and Australia, pp. 87-90. Salary, Canada

and Australia, p. 91.

CHAP. II. FORM OF THE LEGISLATURE

92-94

CHAP. III. COMPOSITION OF THE UPPER HOUSE

95-98

CHAP. IV. COMPUSITION OF THE LOWER HOUSE ..

99-103

Number of Members, pp. 99-101. Qualification of Electors,

pp. 101–102. Qualification of Members, p. 103.

CHAP. V. Both Houses OF THE CENTRAL LEGISLATURE .. 104-114

Powers, Privileges, and Immunities, pp. 104-106. Money

Bills, pp. 106-112. The Two Houses of the Swiss Legisla-

viii

Pages.

CHAP. VIII. DISTRIBUTION OF LEGISLATIVE POWER

121-136

United States, pp. 121-125. Canada, pp. 126-130. Switzer-

land,' pp. 130-132. Australia, pp. 132-136.

CHAP. IX. THE EXECUTIVE

· 137-139

СНАР. X. FUNCTIONS OF A CENTRAL JUDICATURE

140-148

CHAP. XI.

ESTABLISHMENT AND JURISDICTION OF A CENTRAL

JUDICATURE

149-156

Establishment, pp. 149-150. Jurisdiction, pp. 151-156.

СНАР. XII. APPEAL TO THE PRIVY COUNCIL

· 157-163

Canada, pp. 157--159. Australia, pp. 159-163.

CHAP. XIII. REVENUE..

164-175

Taxation, pp. 164-166. Customs and Excise, PP. 166-169.

Inter-Colonial Free Trade, Pp. 169-175.

Chap. XIV. RAILWAYS

176-182

United States, pp. 176-178. Australia, pp. 178-180. Canada,

Switzerland and Germany, pp. 181-182.

CHIAP. XV. THE STATES

183-194

Constitution, pp. 183-188. State Governors, PP. 188-189.

Public Debts, pp. 189-194.

CHAP. XVI. AMENDMENT OF THE CONSTITUTION ..

195-199

United States, pp. 195-196. Canada, pp. 196-197. Australia,

P'P. 197–198. Switzerland and Germany, p. 199.

CHAP. XVII. ADMISSION OF NEW STATES

200--207

l'nited
States, PP.

P. 180.

)

The year 1763 saw in the Peace of Paris the treaty which con-
firmed the victory of Great Britain over France in North America.
On the oth October, 1864-just over a century later—there met at
Quebec that convention of delegates from Upper and Lower Canada,
Nova Scotia, New Brunswick, Prince Edward Island and Newfound-
land, whose work was the creation of the Dominion of Canada.
Successful as was the work of that Convention-rapid as was the
accomplishment of the task of creating the Dominion—that success
and that rapidity can be accounted for only by some description of
the development of the States of Canada during the preceding
century. The Dominion Constitution is not the mushroom growth
of a night : its roots go deep into the history of the land : it is in
every way a native, long matured and sturdy growth.

“The whole population of Canada when she came under the British Flag” Canada in 1863.
- (says Mr. C. G. D. Roberts in his “ History of Canada ")—" was about
sixty thousand. This hardy handful was gathered chiefly at Quebec, Three
Rivers and Montreal. The rest tailed thinly along the shores of the St. Lawrence
and the Richelieu. The lands about the Great Lakes, and the western
country, were held only by a few scattered forts, buried here and there in
the green wilderness. At Detroit had sprung up a scanty settlement of
perhaps one thousand souls. ... Quebec had seven thousand inhabitants.
Most of them dwelt between the water's edge and the foot of the great cliff
whose top was crowned by the citadel. Where the shoulder of the promontory
swept around towards the St. Charles, the slope became more gentle, and
there the houses and streets began to clamber towards the summit.
Part of the city was within walls, part without. Most of the houses were
low, one-storey buildings, with large expanse o steep roof and high dormer
windows. Along the incline leading down to the St. Charles stretched popu-
lous suburbs. On the high plateau where now lies the stately New Town,
there was then but a bleak pasture land whose grasses waved against the
city gates.

B

The Early
Settlers.

“Three Rivers, situated at the mouth of the St. Maurice, 70 miles above Quebec, was a small town dwarfed politically and socially by Quebec on the one side and Montreal on the other. Iron mines in the neighbourhood gave it a measure of importance; and it was the stopping-place for travellers journeying between its bigger rivals. Montreal, after its childhood of awful trial, had greatly prospered. Its population had risen to about nine thousand. The fur trade of the mysterious North-West, developed by a succession of daring and tireless wood-rangers, had poured its wealth into the lap of the city of Maisonneuve.

The city was enclosed by a stone wall and a shallow ditch, once useful as a defence against the Indians, but no protection in the face of serious assault. At the lower end of the city, covering the landing-place, rose a high earth-work crowned with cannon. The real de fences of Montreal were the citadel of Quebec and the forts on Lake Champlain."

The immediate result of the Peace of 1763 was a great influx of English settlers. To them the promise was made that as soon as quiet was secured, representative government on the lines of that given to the English Colonies south of the St. Lawrence would be granted. They received liberal grants of land upon the easy conditions of allegiance to the English Crown and obedience to the laws, and with the contingency of payment of a small “ quitrent ” to the Government after a period of ten years. As far as criminal matters and civil contracts went, the law of England was substituted for that of France. Rights of property, however, were still governed by French law, with all its encumbrances of seignorial rights, secret mortgage and the provision of a "dower” to, and the “partnership" of married women.

of married women. The executive government was entrusted to a Governor and a Council.

In 1774-the critical year of the relations between Great Britain and her Colonies in the South—the year, in fact, in which the “ Continental Congress ” of those Colonies met at Philadelphia and formulated those grievances which led to the outbreak of the American Revolution in 1775—was passed the first great legislative enactment of the history of Canada. The Quebec Act extended the limits of the Province of Quebec southward to the Ohio and westward to the Mississippi. In defiance of the promises made to the English settlers, the Parliament of Great Britain refused representative government and confirmed the rule of the Governor and Council. In opposition to what the English settlers regarded as their true interest, the Quebec Act also restored French civil law and declared the Roman Catholic religion to be the established religion of the country.

The history of Nova Scotia or, to call it by its French name, Acadie, had been widely different from that of the Province of Quebec. First settled by a colony from Scotland in 1614, under a charter granted by James I., it had soon become part of the general field of conflict between the English and French in North America. But as far as Nova Scotia was concerned, that conflict ended in 1748 when, under the Treaty of Aix-la-Chapelle, the whole of Acadie was ceded to England. The extent of territory comprised in this cession was almost wholly undefined ; but the English took immediate steps to strengthen their hold at least on the part nearest to the sea-board. Thus in 1749 the great fortified place of Halifax was built, and when the French inhabitants—though apparently

The Quebec
Act, 1477.,

Nova Scotia,