-30 PROCEEDINGS OF THE CANADIAN INSTITUTE. 
In the British North American Colonies confederation has been 
talked of since the first year of this century. In 1800, 1814, in 
1822, in 1825, in Lord Durham’s time, in 1859 and in 1864, there 
have been projects of union. Of the conventions of this latter year 
in Quebec and Charlottetown, it will be sufficient to say that three 
Provinces undertook finally to deal with the question of a federation. 
“These were not pretended to be sovereign in any sense and not at all 
in the sense in which the present Dominion may be said to be 
sovereign. These Provinces took all their rights as colonies in their 
hands and said in effect to the Mother Country, “ We resign our 
present charters ; we have agreed to a new state of things; wipe out 
the past, and ratify the arrangements we propose to make for the 
future.” The old colonies then passed away, and in their place came 
one new colony of the Empire, with one parliament to make laws for 
the peace, order and good government of its people. The charter 
provides for the government of Canada. The new Canada was then 
divided up into as many Provinces as there were formerly colonies, 
with the same or probably the same geographical boundaries. The 
re-casting of the new Provinces of Canada from the aggregated former 
colonies of the empire is something not to be lost sight of—their 
status has been entirely altered—their powers of legislation are 
limited and the reserved powers taken from them—their ability to 
secede from the union out of the question—their rights to be consi- 
dered sovereign states entirely untenable on any legal ground. The 
concession of legislative powers to the central government was done 
in a manner totally different from what was done in the United 
States, and it would be a confusion of language to speak of the pre- 
sent provinces conceding powers to any government before they 
possessed any themselves. The interposition of a statute like the 
Act of Confederation of 1867 between the old colonies and the 
new provinces may not appear of great moment to persons other 
than lawyers ; but nevertheless it is as material as any document can 
be which regulates and governs the parties affected. It is like the 
partnership deed or joint stock charter of a new firm or company— 
it is to be looked to in the first instance—it is that which gives us 
such rights and privileges as we now possess ; it is the law before all 
others, except imperial legislation, that must be regarded and 
obeyed. Fe * 
