adjacent to any of such territories or possessions shall (with the exception of the colony of Newfoundland and its dependencies) become and be annexed to and form part of the said dominion of Canada; and become and be subject to the laws, for the time being in force in the said dominion, in so far as such laws may be applicable thereto." This order in council was considered necessary to remove doubts that existed regarding the northerly and north-easterly boundaries of the North-West Territories and Rupert's Land, transferred to Canada by order of council of the 23rd of June, 1870, and to place beyond question the right of Canada to all of British North America, with the exception of Newfoundland.1

1 Can. Com. J. (1878), 256-7; Can. Stat. 1881, p. ix, Order in Council. Can. Hans. (1878), 2386. (Mr. Mills.)

CHAPTER VII.

CONSTITUTION OF THE GENERAL GOVERNMENT AND
PARLIAMENT.

The Dominion1 of Canada has, therefore, been extended since 1867 over all the British possessions between the Atlantic and Pacific oceans to the north of the United States-the territory under the jurisdiction of the Newfoundland government alone excepted. The seven provinces embraced within this vast area of territory are united in a federal union, the terms of which have been arranged on "principles just to the several provinces."

1 The title of Dominion (s. 3, of B. N. A. Act, 1867), did not appear in the Quebec resolutions. The 71st Res. is to the effect that "Her Majesty be solicited to determine the rank and name of the federated Provinces." See remarks of Sir J. A. Macdonald, Confed. Deb., p. 43. The name was arranged at the conference held in London in 1866, when the union bill was finally drafted. This was not the first time the title was applied to Canada; we find in the address of the old Colonies assembled at Philadelphia, 1774, strong objection taken to the Act of 1774, by which "the dominion of Canada is to be so extended, modelled and governed." Christie I., 9. The old commonwealth of Virginia was known as "the Old Dominion."

In order "to protect the diversified interests of the several provinces, and secure efficiency, harmony, and permanency in the working of the union," the system of government, as set forth in the Act of 1867, combines in the first place a general government, "charged with matters of common interest to the whole country," and local governments for each of the provinces, "charged with the control of local matters in their respective sections." With a view to the perpetuation of our connection with the mother country, the promotion of the best interests of the people of these provinces," the constitution of the general government has been so framed as "to follow the model of the British constitution, so far as our circumstances will permit." Accordingly, "the executive authority or government" is vested in express terms in the "Sovereign of the United Kingdom of Great Britain and Ireland," and is administered "according to the well understood principles of the British Constitution." 1

The sovereign is represented in the dominion by a governor-general, appointed by letters patent under the great seal. His jurisdiction and powers are defined by the terms of his commission, and by the royal instructions which accompany the same.' He holds office during the pleasure of the Crown, but he may exercise his functions for at least six years from the time he has entered

1 These quotations are from the Quebec resolutions, Can. Com. J. (1865), 203. The preamble of the B. N. A. Act, 1867, declares, "with a constitution similar in principle to that of the United Kingdom."-Sec. 9. "The executive government and authority is hereby declared to continue and be vested in the Queen."

See App. at end of this work for B. N. A. Act, 1867.

on his duties.' In all his communications with the imperial government, of which he is an officer, he addresses the secretary of state for the colonies, the constitutional avenue through which he must approach the sovereign. His first duty, when he enters on his duties, is to take the necessary oaths of allegiance and office before the chief justice, or any other judge of the supreme court of the dominion, and at the same time to cause his commission to be formally read.3

In view of the larger measure of self-government conceded to the dominion of Canada by the imperial legislation of 1867-in itself but the natural sequence of the new colonial policy inaugurated in 1840-the letters patent and instructions, which accompanied the commission given to the governor-general in 1878, have been modified and altered in certain material features. The measure of power now exercised by the government and parliament of Canada is not merely "relatively greater than that now enjoyed by other colonies of the empire, but absolutely more than had been previously intrusted to Canada itself, during the administration of any for

1 Colonial Reg. sec. 7, Col. Office List, 1883, p. 254. Todd, 90. Lord Lorne held the position for only five years. Lord Dufferin was appointed in the spring of 1872, and retired in the fall of 1878.

2 Todd, 90; Col. Reg., sec. 165, p. 265.

› Instructions to governor-general, Can. Sess. P. 1870, No. 14. The Marquis of Lorne was sworn in on the 25th of November, 1878, in the old Province Building, Halifax, by acting Chief Justice Ritchie. Annual Register for 1878, pp. 255-7. The oath of office is given in same account of ceremonies on that occasion.

3

1

4

mer governor-general." Without entering at length into this question, it is sufficient for present purposes to notice that the governor-general is authorized, among other things, to exercise all powers lawfully belonging to the Queen, with respect to the summoning, proroguing or dissolving of parliament; ' to administer the oaths of allegiance and office; to transmit to the imperial government copies of all laws assented to by him or reserved: for the signification of the royal assent; to administer the prerogative of pardon; to appoint all ministers of state, judges, and other public officers, and to remove or suspend them for sufficient cause. He may also appoint a deputy or deputies to exercise certain of his powers and functions. He may not leave the dominion upon any pretence whatsoever without having first obtained permission to do so through one of the principal secretaries of state. 8 In case of the death, incapacity,

5

6

The modifications in these official instruments were the result of the mission of Mr. Blake, whilst minister of justice, to England in 1876. For full information on this subject, see Todd 76, et seq., and Can. Sess., P. (1877), No. 13; also chapter on bills in Bourinot's Parliamentary Practice and Procedure. For royal commission, letters patent, and instructions to the Marquis of Lorne, Sess. P. (1879), No. 14; to Lord Monck, Sess. P. (1867-8), No. 22; also to Lord Dufferin, Can. Com. J. (1873), 85.

2 Letters-Patent, 1878, s. 5.

3 Instructions, 1878, s. 2.

* Ib. s. 4.

5 Ib. s. 5. See Todd, 271.

6 Letters Patent, s.s. 3, 4.

7 Ib. s. 6; also B. N. Act, 1867, s. 14. See chapter vi., for ap pointment of deputy-governors since 1840.

8 Instructions, s. 6.