A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
larger federated whole. A federal legislature would have exercised
home-grown American control over the American Assemblies; it
would have given a wider and fuller scope to American democracy,
enlarging the views, making the individual leaders greater and
wider in mind; it would have been the body with which England would
have dealt; and the dealings would have been those of ‘Partners
in the legislation of the Empire’. This was in his mind when he
earnestly recommended that the grant of constitutional privileges
to the Canadian provinces should be from the first accompanied by
the creation of a general government for British North America,
including the maritime provinces as well as Upper and Lower Canada.
[Sidenote: The General Legislature contemplated by Chief Justice
Smith would have been a subordinate Legislature.]
[Sidenote: The Chief Justice did not contemplate colonial
self-government in its fullest form.]
But, if this general government was to be a partner in the
legislation of the Empire, it was clearly to be, in the view
of the Chief Justice, a subordinate partner. The last of his
proposed additions to the Bill began in the following terms:
‘Be it further enacted ... that nothing in this Act contained
shall be interpreted to derogate from the rights and prerogatives
of the Crown for the due exercise of the Royal and Executive
authority over all or any of the said provinces, or to derogate
from the Legislative sovereignty and supremacy of the Crown and
Parliament of Great Britain.’ In other words he re-affirmed the
principle, which the old colonies had rejected, that they were
subordinated to the Parliament of the mother country as well as
to the Crown; and he showed clearly in the clause empowering the
Crown to appoint Executive Councils apart from the Legislature,
that the Executive power was to rest not in British North America
but in Great Britain. The general government of British North
America was to be a partner in the legislation of the Empire, but
not in the Executive, and even in the legislative sphere it was
to take a second place. Theoretically, and to some small extent
practically also, the Dominion Parliament is still a subordinate
partner in legislation, so far as Imperial questions are concerned;
but, since the days of Lord Durham, colonial self-government has
included control of the Executive in the colony. Chief Justice
Smith had therefore not contemplated or foreshadowed the colonial
self-government of the future.
Public-domain text, read in full here on John Shaqi.
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