Documents illustrative of the Canadian Constitution

Front matter

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Preface

THIS volume is tlie result of an attempt to bring together in a single collection the documents which contain the consti¬ tution of the Dominion of Canada and illustrate its historical development. A much larger number of documents might legiti¬ mately have been included under this description, but the line had to be drawn somewhere, and I have chosen to draw it between those that are of international and imperial origin on the one hand, and those that have resulted from the exercise of colonial autonomy on the other. Any apparent violations of this prin¬ ciple of classification have been dictated by considerations of convenience which are too obvious to call for specific mention. Many documents that are either not imperial or not constitu¬ tional have been added in the form of appendixes to the text. It is hoped that they will prove to be not the least useful part of the collection.

Where the material to choose from is abundant and the space is limited there will always be differences of opinion as to what should properly be included. While I have received much valuable advice on this point from eminent statesmen and publicists, I feel bound to say, in justice alike to them and myself, that the plan of the work is essentially my own. My belief that the true line of development of the Canadian constitution takes us back, not to the French regime in Canada, but to the colonial govern¬ ments of what is now the United States is sufficient to account for the absence of all French documents, except the articles of capitulation of Quebec and Montreal. If space had permitted I would gladly have inserted as appendixes some of the con-

IV

PREFACE.

stitutional documents of the British colonies ; I have been forced to content myself with the United States constitution, on which, as regards federal form, our own is avowedly modelled.

I have made no attempt to interpret the documents here collected. Mine was the humbler but infinitely more useful task, to see that the texts were as correct as possible, and to give in the form of notes such historical informa, ion and references as would tend to lighten the labours of the student without supplying him with ready-made opinions. Alike in selection and annotation I have had primarily in view the needs of students of political and legal science in universities and law schools, and the chief aim of the collection — to give them a chance to think for themselves — would have been defeated if I had impertinently undertaken to think for them and give them the results.

Gratitude for valuable aid and counsel requires that I should mention the names of those who have been specially helpful to¬ me. Easily first must be placed Dr. •Bourinot, Mr. Douglas Brymner, and Mr. William Kingsford, each of whom has in his own way usefully illustrated Canadian history. To Thomas Hodgins, Q.O., fiEmilius Irving, Q.C., and Hon. David Mills, Q.C., I am indebted for hints which lessened greatly the labor of research. To Mr. Francis Parkman of Boston, and Mr. Justin Winsor of Harvard University, my thanks are due for prompt responses to requests for information on historically doubtful points. Mr. James Bain of the Toronto free library, Mr. J. P. Macdonnell of the Ontario Civil Service, Mr. David Boyle of the Canadian Institute, J. M. McEvoy, B.A. of the University of Toronto, and A. F. Chamberlain, M.A., of Clarke University, have all taken a warm personal interest in the progress of the work and rendered practical and valuable assistance in its preparation.

WM. HOUSTON.

Toronto, March 31st, 1891.

Table Of Contents

PAGE.

Introduction . VII

Ohronological Index . xvm