herein, is needed, at least by the class of persons concerned or taking an interest in their Governments.

Members of Provincial Governments or Legislatures will see how to distinguish in the partition now made of the functions of Government: will see what share of them is parted with to the Government of the Dominion, and what share of them remains to the Governments at home.

But specially the Representatives of the Provinces in the Senate and House of Commons of the New Dominion should be assisted by such a manual.

Apart from the sentiment (more faint or more fervent as it might be,) of the unity in one Empire of Great Britain and Ireland and its dependencies, these Provinces have hitherto been virtually detached rather than united together, and the journals of all the Governments witness to their jarrings, their rivalries, and their contentions. How much prosperity has been lost meanwhile, (to which they could have helped one another,) because of collision! and what positive damages have been suffered by each of the little Commonwealths in collision !

But now, if mutuality of the United Provinces cannot indemnify for the past, most certainly it can and will confer great advantages: if, as inaugurated by the Constitution to be described, this is received as a vital reigning principle by those who are called to govern and legislate, and this principle will not, cannot be wanting with the public; or the governing class will be more public spirited than the class governed-though it by no means follows that they be less so.

Let Mutuality be a principle to dominate supremely the Government and Parliament of the Dominion, and let not the subsidiary Provincial Governments and Legislatures be, in anywise, estranged from, though not so familiar with it.

September, 1867.

MANUAL

OF THE

CONSTITUTION OF THE DOMINION OF CANADA,

IN THE ORDER OF ITS DEVELOPMENT,

OR

THE CONFEDERATION OF THE PROVINCES OF CANADA, NOVA SCOTIA AND NEW BRUNSWICK,

ACCORDING TO

THE BRITISH NORTH AMERICA ACT, 1867.
(Synthetical and Analytical.)

PRELIMINARY NOTICES.

HISTORICAL NOTES.

As to the policy of Unity or Confederacy of the Provinces of British North America, it is a subject of distant and extensive history, if fully treated on.

Here only will be stated what relates to the form of its consummation in hand.

This Constitution of Canada, by reason of its enactment as an Act of Parliament of the United Kingdom, is integrated as a Branch of the ancient sovereign Constitution of that Empire, i. e.,. the mother trunk projects in the direction of these colonies an arm of its strength-and may it prove our strong arm also, please God..

It is truly, in its idea, first, of our projection. Our several provinces felt, at least, their inaptitude for common effort and common progress while governed asunder from each other.

And the time had come-and its signs so forcibly made it known that it had come-when to combine, take common counsel and to co-operate for an uniform general welfare, was urgent.

The provinces held communication with each other—the more important Province of Canada opening a well-advised correspondence with the lower provinces.

Delegates of all the provinces explained in a common session at Quebec, and it followed that they resolved unanimously on what terms the provinces might pass into Confederation. This inclination of the provinces was fostered by the British State.

The plan of an United Dominion, as then agreed on was not final, but was fruitful undoubtedly. The final plan, as emanating from the provinces, was agreed on by their delegates—generally the same persons as at Quebec-commissioners now to London, there to negotiate with each other, and if they in concert could compose an eligible plan, to present it in behalf of their provinces to the British Government.

The plan presented by the delegates was welcomely received by the British Government as the wise, genial and loyal design of the political communities of these provinces.

After the Queen's government had exercised its right of supervision, the plan was, by the ministry, proposed to the British Parliament, and therein affirmed and empowered as the form the British Constitution should take in the Dominion of Canada,-now set up in British North America.

SKETCH OF THE FORM OF THE BRITISH GOVERNMENT.

The action of the Government of the Empire, as shown in the initiation, the progress and the enactment of the "Act of British North America, 1867," exemplifying as far as it does the order and process of Government according to the established British Constitution, will assist us to know that Constitution, which it is necessary to describe; as the provinces sought the Metropolitan state to grant them "a constitution similar in principle to that of the United Kingdom;" which it will be found, is conferred by the Act of British North America.

It may be said to be constituted 1st of The Regality-the first the unitive and the last power indicated. II. But this Royal power is not, nor has its virtue alone, it is collated with and active in virtue of the advice and consent of the Privy Council of the

Crown, otherwise the Cabinet, the Ministry of the day-the great Officers of the Executive Government. III. The Royal Power, as operative in and by and through the Privy Council, is to be concurrent with or sanctioned by the authority of Parliament, and all lawful powers, means and offices thought to be requisite for the good of the Realm, are to be obtained from the Parliament of the three Estates duly summoned by the Crown.

Of these Estates the Crown has special command in the departments of the Church the Army and Navy. The third estate-the Commons has special command of the Finances, the ways and means. The Ministry of the day, take a leading part in the ordering and conducting of Parliaments, to which they are accountable for their administration, severally, for the departments of government held by them.

Our Constitution of the Dominion of Canada under one Queen, represented by one Governor General, is Federal as well as Central, while that of the United Kingdom, and to which it is made "similar," as far as may be, is wholly central. In the Dominion the task of government is divided, and the instruments, separate for the separate parts, while yet all, are to be concordant in action, as a common effect is intended. The Central Government bears respect to the general welfare; the particular Governments bear respect to the welfare of their particular communities, as compatible with the general welfare. Also, the constitution makes no provisions for a Church.