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cabinet. The principles that prevail in the formation of a cabinet in England obtain in the case of an administration in Canada. Its members must have places in either house of parliament, but the majority should, and necessarily do, sit in the commons.

In the old province of Canada, the cabinet was always known officially as the executive council. In 1865, this body comprised in all twelve members, six from each province: two attorneys-general, two solicitors-general, a receiver-general (also minister of militia), minister of finance, commissioner of crown lands, minister of agriculture and statistics, commissioner of public works, president of council, provincial secretary, and post-master-general.3 In all the provinces of the dominion, the official body advising the lieutenant-governor is still authoritatively recognized as the executive council.*

In 1867, a new ministry of thirteen members was formed under the legal title of the privy council of Canada, in which it was found expedient to consider the claims of the several provinces of the dominion to representation in the first cabinet. Accordingly, Ontario had

1 Remarks of Sir J. A. Macdonald on the Department of Trade and Commerce, Com. Hans. [1871], 862, 863. See infra, p. 74. Up to the present time (April 1888), no steps have been taken to give effect to the law on the statute book.

2 Can. Cons. Stat., pp. 168, 169.

3 Confed. Debates, 1865, p. vii. Sir E. P. Taché was the premier of the Taché-Macdonald ministry, and held two offices, receiver-general and minister of militia.

4 B. N. A. Act, 1867, s.s. 63, 64; 45 Vict., c. 2, Quebec Stat.; c. 13, Ont. Rev. Stat.; Man. Cons. Stat., c. 6; 33 Vict., c. 3, s. 7, Can. Stat.; British Colum. Cons. Stat., c. 4, s.s. 2, 3; P. E. Island, Dom. Stat., 1873, p. xii.

five representatives in the privy council; Quebec, four, one of them a representative of the English section of the population; Nova Scotia, two; New Brunswick two. The departments were reorganized, and new ones estab lished, to meet the changed conditions of things. The privy council was composed of the following ministers:1 minister of justice and attorney-general,' minister of militia,3 minister of customs, minister of finance, minis. ter of public works, minister of inland revenue,7 minis ter of marine and fisheries, postmaster-general, minister of agriculture,10 secretary of state of Canada," receivergeneral, secretary of state for the provinces, president of the privy council.13 In 1873, on a change of govern

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1 Annual Register, 1878, pp. 9-10; Canada Gazette. Their salaries and designation are given in 31 Vict., c. 33, schedule. Salaries of ministers were subsequently increased by 31 Vict., c. 31, s. 2.

2 Functions of department set forth in 31 Vict., c. 39.

3 31 Vict., c. 40.

* 31 Vict., c. 43.

5 31 Vict., c. 5; 32-33 Vict., c. 4, and other acts relating to ex• penditures and revenues.

6 31 Vict., c. 12. See infra, p. 73.

7 31 Vict., c. 49.

31 Vict., c. 57. In 1877, the management of certain piers, harbours, and breakwaters, was transferred from the department of public works to that of marine and fisheries. 40 Vict., c. 17.

9 31 Vict., c. 10; 38 Vict., c. 7.

10 31 Vict., c. 53.

11 31 Vict., c. 42.

12 The department of receiver-general was not provided for by special act, but his duties are defined and referred to in various acts. See 31 Vict., c. 5, etc.

13 Neither of those offices was provided for by special act.

ment, the number of ministers was increased to fourteen, two of them without portfolios,' but by subsequent rearrangement the number was reduced to thirteen as before, and P. E. Island, now a part of the confederation, was represented by one member in the cabinet. On two occasions since 1878, the speaker of the Senate received a seat in the council, though without portfolio,3 and the number of members of government was conse. quently increased again to fourteen. Since 1867, several changes have taken place in the organization of the departments. In 1873, the office of secretary of state for the provinces was abolished, and a department of the interior organized, with the control and management of Indian affairs, dominion lands, geological survey, and some other matters previously entrusted to the secretary of state for Canada. The geological survey of Canada forms a branch, and is under the charge of a director who must necessarily be a man of high scientific attainments. The minister of the interior or the head of any other department appointed for this purpose by the governor in council, shall be the superintendent-general of

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1 Hon. E. Blake and Hon. R. W. Scott, Annual Register, 1878,

p. 30.

2 Ib. 30-31. P. E. Island has at present no representative in the cabinet; nor have Manitoba and British Columbia. The number of ministers in the cabinet is now 15 (in 1888), of whom two are without portfolios.

3 Hon. Mr. Wilmot, in 1878; Hon. Mr. (now Sir David) McPherson, in 1880, on appointment of former to lieutenant-governorship of New Brunswick. See Canada Gazette, Nov. 9, 1878; Ib., Feb. 12, 1880.

Rev. Stat. of Can., c. c. 22, 23.

Indian affairs. The department of secretary of state for Canada remains in existence, but its functions are confined to state correspondence, the preservation of all state records, and papers not specially transferred to other departments, the registration of all instruments of summons, proclamations, commissions, letters patent, writs, and other documents issued under the great seal and requiring to be registered. A department of public printing and stationery was organized in 1886, and is under the management for the time being of the secretary of state. In 1879, the office of receiver-general was abolished, and the duties assigned to the finance minis. ter. At the same time the department of public works was divided into two separate departments, presided over by two ministers-one designated minister of railways and canals; the other, minister of public works. These changes were rendered necessary in the depart ment of the interior and that of public works; in the first place, by the transfer of the great North-West Terri

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1 Rev. Stat. of Can. c. 43. The Premier, Sir J. A. Macdonald, while president of the council, held the office for some years. Parl. Companion for 1885.

2 31 Vict., c. 42; Rev. Stat. of Can., c. 26.

3 49 Vict., c. 22; Rev. Stat. of Can., c. 27.

▲ 42 Vict., c. 7; Rev. Stat. of Can., c. 28. Can. Hans. (1879), 1241. In the session of 1878, when the Mackenzie administration was at the head of affairs, a bill passed the Commons to abolish the receiver-generalship, and to subdivide the department of justice, so that there would be an attorney-general with a seat in the cabinet, presiding conjointly with the minister of justice over the Dominion law department. Can. Hans. (1878), 1204, 1584, 1811. It was, however, postponed in the Senate. Sen. Deb. (1878), 681-695.

tory to the Dominion, with its immense area of land and numerous tribes of Indians; and in the second place, by the very large additional amount of responsibility thrown on the other department by the construction of the Canada Pacific Railway, which had been at that time undertaken by the government. In 1884, the department of marine and fisheries was divided into a department of marine, and a department of fisheries, presided over by one minister and two deputies.1

In the session of 1887 a new scheme of organization was provided for several departments. In the first place, there shall be a department of trade and commerce, presided over by a minister. Then the departments of customs and inland revenue respectively are to be placed under the control and supervision of the minister in question or of the minister of finance, as the governor-in-council from time to time directs.2 The governor-in-council may appoint also a controller of customs and a controller of inland revenue, each of whom shall, under the general instructions of the minister first mentioned, be the parliamentary head of these departments. It is also provided that the governor-in-council may appoint an officer who shall be called the solicitor-general of Canada, and who shall assist the minister of justice in the counsel work of the department of justice. He may hold a seat in either house of parliament, provided he is elected while he holds such office and is not otherwise disqualified.*

1 47 Vict., c. 19; Rev. Stat. of Can., c. 25.

250-51 Vict. c. 10.

350-51 Vict., c. 11.

Ib., c. 14. These several statutes have not been enforced up to the time of the appearance of this work.