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. * * * 



