for those responsible for the administration of justice, to consider whether the allegations are of such a nature, and supported by such authority, as demand an investigation at their hands.' The proper and most convenient course is for the persons who feel called upon to attack the character of a judge to proceed by petition in which all the allegations are specifically stated so that tho judge may have full opportunity of answering the indictment thus presented against him. But the action of Parliament may originate in other ways, if the public interests demand it, and there is no objection to a member's formulating charges on his own responsibility as a member of the legislature having a grave duty to discharge.3 The constitutional usage of the parent state also requires that in any address asking for the removal of a judge "the acts of misconduct which have occasioned the adoption thereof ought to be recapitulated, in order to enable the sovereign to exercise a constitutional discretion in acting upon the advice of parliament. "In cases where this very proper rule has not been followed, the Crown has refused to give effect to the address," though passed by a colony enjoying responsible govern 1 See memorable cases of Baron Abinger and Sir Fitzroy Kelly, cited by Todd, II., pp. 739, 740. In 1883 the Canadian house refused a motion to inquire into the conduct of a judge in the discharge of his duties in connection with a matter sub judice. See remarks of Sir J. A. Macdonald in Bothwell election case, April 9, Can. Hans. 2 Sir J. A. Macdonald, April 9, 1883, Can. Hans., Bothwell case. Cases of Judge Fox and Judge Kenrick, cited in Todd, II., 731, 734. 8 Case of Baron McLeland, 74 E. Com. J., 493; 11 Parl. Deb., 850-854. ment, because "in dismissing a judge, in compliance with addresses from a local legislature and in conformity with law, the Queen is not performing a mere ministerial act, but adopting a grave responsibility, which her Majesty cannot be advised to incur without satisfactory evidence that the dismissal is proper.' " 1 We have now briefly reviewed the most important phases in the development of the constitutional system of the dominion of Canada. We have seen how the autocratic, illiberal government of New France, so repressive of all individual energy and ambition, gave place, after the conquest, to representative institutions. well calculated to stimulate human endeavour and develop national character. Step by step we have followed the progress of those free institutions which are now in thorough unison with the expansion of the provinces in wealth and population. At last we see all the provinces politically united in a confederation, on the whole carefully conceived and matured; enjoying res ponsible government in the completest sense, and carrying out at the same time, as far as possible, those British constitutional principles which give the best guarantee for the liberties of a people. With a federal system which combines at once central strength and local freedom of action; with a permanent executive independent of popular caprice and passion; with a judiciary on whose integrity there is no blemish, and in whose learning there is every confidence; with a civil service resting 2 Todd II., 744, 763. Corresp. relative to Judge Boothby, Eng. Com. P., 1862, vol. xxxvii, pp. 180-184. on the firm basis of freedom from politics and of security of tenure; with a people who respect the law and fully understand the workings of parliamentary institutions, the dominion of Canada need not fear comparison with any other country in those things which make a community truly happy and prosperous.1 1 The words of the Marquis of Lorne, in reply to the farewell address of the parliament of Canada, 25th May, 1883, may be appropriately cited here as the impartial testimony of a governorgeneral after some years experience of the working of Canadian institutions: "A judicature above suspicion; self-governing communities entrusting to a strong central government all national interests; the toleration of all faiths, with favour to none; a franchise recognizing the rights of labour, by the exclusion only of the idler; the maintenance of a government not privileged to exist for any fixed term, but ever susceptible to the change of public opinion, and ever open, through a responsible ministry, to the scrutiny of the people; these are the features of your rising power." B. An Act respecting the establishment of Provinces in the 179. 228. 231. |