in the governor's instructions were sufficient.1 By 1848 the provinces of Canada, Nova Scotia, and New Brunswick2 were in the full enjoyment of the system of selfgovernment, which had been so long advocated by their ablest public men; and the results have proved eminently favourable to their political as well as material development.

From 1841 to 1867, during which period the new constitution remained in force, many measures of a very important character were passed by the legislature. The independence of parliament was effectually secured, and judges and officials prevented from sitting in either house.3 An elaborate system of municipal institutions was perfected in the course of a few years for Upper and Lower Canada. It had been proposed to make such a system a part of the constitution of 1840, but the clauses on the subject were struck out of the bill during its passage in the House of Commons, on the ground that such a purely local matter should be left to the new legisla

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1 Mr. Merivale, quoted in Creasy's Constitutions of the Britannic Empire, 389. Lord John Russell, in his instructions to Lord Sydenham, expressly stated that it was "impossible to reduce into the form of a positive enactment, a constitutional principle of this nature." Journals of Assembly, 1841, p. 392.

2 Earl Grey was colonial secretary in 1848, when the system was fully inaugurated in the maritime provinces. E. Commons Papers, 1847-8, vol. 42, pp. 51-88.

3 Chap. ii. Bourinot's Parliamentary Practice and Procedure. * Lord Durham so proposed it, R. 109. (Scrope's Life of Lord Sydenham, 194.) The address of the Assembly of Upper Canada to the governor-general in 1840 called attention to the necessity of introducing a system into Lower Canada, in order to provide for local taxation. Christie, V. 347.

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ture. Lord Sydenham, who had very strong opinions on the subject, directed the attention of the legislature in the first session to the necessity of giving a more extended application to the principles of local self-government, which already prevailed in the province of Upper Canada; and the result was the introduction and passage of a measure in that direction. At this time there was already in force an ordinance passed by the special council to establish a municipal system in Lower Canada-a measure which created much dissatisfaction in the province. Eventually the ordinance was revoked, and a system established in both provinces which met with general approval.3 This measure demands special mention, even in this chapter, inasmuch as it has had a most valuable effect in educating the mass of the people in self-government, besides relieving the legislature of a large amount of business, which can be more satisfac-: torily disposed of in town or county organizations, as provided for by law. In fact, the municipal system of Canada lies at the very basis of its parliamentary insti

tutions.

Among the distinguishing features of the important legislation of this period was the passage of a measure which may be properly noticed here, since it disposed of a vexatious question which had arisen out of the provisions of the Constitutional Act of 1791. It will be seen

1 Christie, V. 356.

2 Introduced by Mr. Harrison; 4 & 5 Vict., c. 10.

3 See Bourinot's Local Government in Canada; Turcotte 1st Part, 97, 180; 2nd Part, 260,384. Also, Cons. Stat. of Upper Canada, c. 54; of Lower Canada, c. 24.

by reference to the summary given elsewhere of that Act that it reserved certain lands for the support of a Protestant clergy. The Church of England always claimed the sole enjoyment of these lands, and, in 1835, Sir John Colborne established a number of rectories which gave much offence to the other Protestant denominations, who had earnestly contended that these lands, under a strict interpretation of the law, belonged equally to all Protestants. The Church of Scotland, however, was the only other religious body that ever received any advantage from these reserves. The Reform party in Upper Canada made this matter one of their principal grievances, and in 1839 the legislature passed an Act to dispose of the question, but it failed to receive the approval of the imperial authorities. It was not until 1853 that the British Parliament recognized the right of the Canadian legislature to dispose of the clergy reserves on the condition that all vested rights were respected. In 1854, the | Canadian legislature passed a measure making existing claims a first charge on the funds, and dividing the balance among the several municipalities in the province according to population. Consequently, so far as the Act of 1791 attempted to establish a connection between Church and State in Canada, it signally failed.”2

1 In fact, in 1840, the highest judicial authorities of England gave it as their opinion that the words "a Protestant clergy" in the Act of 1791 included other clergy than those of the Church of England. Mirror of P., May 4, 1840.

2 See Lord Durham's R., 66, 83; Turcotte, II., pp. 137, 234: Cons. Stat. of Canada, c. 25. The measure of 1854 (18 Vict. c. 2) was in charge of Attorney General (now Sir John) Macdonald, then a member of the MacNab-Morin administration. Leg. Ass. J. (1854-5) 193 et seq.

Nor can the writer well leave out a brief reference to the abolition of the seigniorial tenure, after an existence of over two centuries, since the system deeply affected in many ways the social and political life of the French Canadian people. In the days of the French regime, this system had certain advantages in assisting settlement and promoting the comfort of the inhabitants; but, as Lower Canada became filled up by a large population, this relic of feudal times became altogether unsuited to the condition of the country, and it was finally decided to abolish it in the session of 1854.1

It was during this period that the Canadian legislature dealt with the civil service, on whose character and ability so much depends in the working of parliamentary institutions. During the time when responsible government had no existence in Canada, the legislature had virtually no control over public officials in the different provinces, but their appointment rested with the home government and the governors. In the appointments, Canadians were systematically ignored, or a selection made from particular classes, and the consequence was the

1 Mr. Drummond, attorney-general in the MacNab Morin administration, introduced the bill which became law, 18 Vict., c. 3. A bill in the session of 1853 had been thrown out by the Legislative Council. For historical account of this tenure see Garneau, I., chap. iii.; Parkman's Old Regime, chap. xv.; Turcotte, II., 161, 203, 234: Cons. Stat. of Lower Canada, chap. xli. The number of fiefs at the time of the passage of the Act of 1854, was ascertained to be 220, possessed by 160 seigneurs, and about 72,000 rentiers. The entire superficial area of these properties comprised 12,822,503 acres, about one-half of which was found under rental. Garneau, I., 185. Report of Seigniorial Commission.

creation of a bureaucracy which exercised a large influence in public affairs, and was at the same time independent of the popular branch. When self-government was entrusted to the provinces, the British authorities declared that they had "no wish to make the provinces the resource for patronage at home," but, on the contrary, were earnestly intent on giving to the talent and character of leading persons in the colonics advantages similar to those which talent and character employed in the public service obtain in the United Kingdom.' But at the same time the British government, speaking through the official medium of the secretary of state for the colonies, always pressed on the Canadian authorities the necessity of giving permanency and stability to the public service, by retaining deserving public officers without reference to a change of administration.' The consequence of observing this valuable British principle has been to create a large body of public servants, on whose ability and intelligence depends, in a large measure, the easy working of the machinery of government. According as the sphere of government expanded, and the duties of administration became more complicated, it was found necessary to mature a system better

1 Lord John Russell, 1839. Journals of Ass. U.C., App. B.B. 2 Lord John Russell, 1839, App. B.B., Jour. of Ass., 1841. Earl Grey to Lieut.-Governor Harvey of Nova Scotia, 31 March, 1847. E. Com. P. 1847-48, vol. 42, p. 77. In Nova Scotia, the advice of the British government was never practically followed, and public officers have been very frequently changed to meet the necessities of politicians. See despatch of the Duke of Newcastle to Governor Gordon, Feb. 22, 1862, New Brunswick Jour., 1862, p. 192.