new senators in the session of 1872.1 When we come to consider the provincial constitutions we shall refer to the local government of Manitoba as well as to the provisions made in several statutory enactments for the administration of affairs in the North-West.

In accordance with addresses from the Canadian parliament, and the legislative council of British Columbia, that colony was formally admitted into the confederation by imperial order in council declaring that from and after the 20th of July, 1871, the colony should form part of the dominion. The terms of union provided for representation in the Senate and House of Commons, and responsible government in the province, as well as for the construction of a transcontinental railway.' The members for the province took their seats in the Senate and House of Commons during the session of 1872.3

The province of P. E. Island, had been represented in the Quebec conference of 1864, but, owing to the opposition that existed to the union for some years, it was not until the first session of 1873 that both the parliament of Canada and the legislature of the island passed addresses for the admission of the province into the confederation on certain conditions which included representation in the Senate and House of Commons, and the continuance of the local government on the same basis as in the other provinces. A bill was also passed during the same ses15 Sen. J. (1872), 18.

2 Can. Com. J. (1871); 193-99; Parl. Deb., 1871. Can. Stat. for 1872, p. lxxxiv. Also, as to preparatory steps, Can. Sess. Pap., No. 59, 1867-8, pp. 3-7.

3 Sen. J. (1872) 18; Com. J. (1872) 4. The elections for the Commons were held in accordance with 34 Vict., c. 20.

Can. Com. J. (1873) 403.

sion, in anticipation of her Majesty's government taking the necessary steps to admit the island-providing that certain Acts should come into force in the province as soon as it was united to Canada.1 By an imperial order in council, it was declared that from and after the first of July, 1873, the colony should form part of the dominion.' The members for the two houses took their seats for the first time during the second session of 1873.3

4

Newfoundland was also represented at the Quebec convention of 1864, but the general elections of 1865 resulted adversely to the union. Subsequently the House of Commons, in the session of 1869, went into committee on certain resolutions providing for the admission of Newfoundland, and an address was passed in accordance therewith. The union was to take effect on such day as "Her Majesty by order in council, on an address to that effect, in terms of the 146th section of the British North American Act, 1867, may direct; "5 but the legislature of Newfoundland has so far refused to sanction the necessary 'address.

In response to an address of the parliament of Canada, in the session of 1878, an imperial order in council was passed on the 31st of July, 1880, declaring that “from and after the 1st of September, 1880, all British territories and possessions in North America, not already included within the dominion of Canada, and all islands

1 36 Vict., c. 40.

Can. Stat. for 1873, p. ix.

* Sen. J. 1873, 2nd session, p. 9. Com. J., Ib. pp. 2-4.

• Turcotte II., 562.

5 Can. Com. J. (1869), 221.

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.