The Fathers of Confederation: A Chronicle of the Birth of the DominionColquhoun, A. H. U. (Arthur Hugh Urquhart)
History
The Fathers of Confederation: A Chronicle of the Birth of the Dominion
Colquhoun, A. H. U. (Arthur Hugh Urquhart)
Canada -- History -- 1841-1867
The preliminaries had all been settled before the meetings with the
colonial secretary. The gathering was smaller in numbers than the
Quebec Conference, and the experience of two years had not been lost.
We hear no more of deadlocks or of the danger of breaking up. There
was frank discussion on any point that required reconsideration, but
the delegates decided to adhere to the Quebec resolutions as far as
possible. For the Liberal ministers from Upper Canada, Howland and
McDougall, this was the safest course to pursue, because they knew that
George Brown had put his hand and seal upon the basis adopted at Quebec
and would bitterly resent any substantial departure from it. This was
also the view of the representatives of Lower Canada. The {125}
maritime delegates wanted better financial terms if such could be
secured, but beyond this were content with the accepted outline of the
constitution.
The delegates were careful to make plain their belief that the union
was to cement and not to weaken the Imperial tie. At Quebec they had
agreed upon a motion in these terms:
That in framing a constitution for the general government, the
conference, with a view to the perpetuation of our connection with the
Mother Country and to the promotion of the best interests of the people
of these provinces, desire to follow the model of the British
constitution, so far as our circumstances will permit.
The saving clause at the close was a frank admission that a federal
system could not be an exact copy of the British model with its one
sovereign parliament charged with the whole power of the nation. But
the delegates were determined to express the idea in some form; and
this led to the words in the preamble of the British North America Act
declaring 'a constitution similar in principle to that of the United
Kingdom.' To this writers {126} of note have objected. Professor
Dicey has complained of the 'official mendacity' involved in the
statement. 'If preambles were intended to express the truth,' he said,
'for the word _Kingdom _ought to have been substituted _States_, since
it is clear that the constitution of the Dominion is modelled on that
of the United States.' It is, however, equally clear what the framers
of the Act intended to convey. If they offended against the precise
canons of constitutional theory, they effected a political object of
greater consequence. The Canadian constitution, in their opinion, was
British in principle for at least three reasons: because it provided
for responsible government in both the general and local legislatures;
because, unlike the system in the United States, the executive and
legislative functions were not divorced; and because this enabled
Canada to incorporate the traditions and conventions of the British
constitution which bring the executive immediately under control of the
popular wish as expressed through parliament. Furthermore, the
principle of defining the jurisdictions of the provinces, while the
Public-domain text, read in full here on John Shaqi.
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