Mr. Todd to the conclusion, "that the action taken for the removal of Lieutenant Governor Letellier was at variance with constitutional law and precedent, as well as contrary to the spirit and intent of the British North America Act; inasmuch as it was initiated by Parliament, and not by the Executive Government, and did not set forth the particular acts of misconduct for which his removal was deemed to be necessary."

The Executive Government, according to the formal theory, is, no doubt, a body of servants of the Crown, appointed by Her Majesty or her representative, and perfectly separate from the Legislature: but, in fact, it is a committee of the party which has the majority in Parliament; and the distinction, which to Mr. Todd seems so essential, practically comes almost to nothing.

Party, under our present system, is the real force; it will practically decide all questions of Government, let the forms be what they may; Mr. Todd also, we venture to think, in this and other places, assumes that there are settled rules and precedents, when in fact there

are none.

The Federal portion of our Constitution is new and peculiar; nothing in the British Constitution corresponds to it, nor can questions arising out of it be determined by British principles or precedents. According to Mr. Todd himself, the British authorities on this occasion went entirely wrong: it is possible that they may have been but half satisfied with their own decision; but they knew that the dominant party in the colony must have its way.

In the matter of the charges against the management of the Pacific Railway, Mr. Todd commends the knowledge of constitutional principles displayed by Lord Dufferin in following throughout the advice of his Ministers.

The Bystander of 1880 remarks, (p. 265:)

"That on all questions of policy the Crown should be so guided, is, as we know, the principle of Constitutional Government. But this was not a question of policy: it was a personal charge of corruption; in England it would have assumed the form of a motion of impeachment, and, supposing that motion to be carried, a trial before the House of Lords. To contend that it was right that the persons accused should be allowed-to advise the Crown as to the conduct of the investigationto use the prerogative for the purpose of proroguing Parliament when it had entered on the case, and thus gaining time for the exertion of party interest in their own favor-to transfer the inquiry to another tribunal of their own appointment, and, when Parliament had reassembled, to bring down despatches of the Governor General with a

view to influencing the decision; seems to us, with all deference to Mr. Todd's authority, to be at variance with due common sense. That, after a party struggle carried on in the most injudicial manner and with the most objectionable weapons on both sides, the Ministry fell, is a fact which does not seem to us to alter the case.

The views of the Imperial Government as to the rights aud duties of a Lieutenant Governor under this section were stated in a despatch to the Governor General of the 3rd July, 1879. The Colonial Secretary writes:

"There can be no doubt that he has an unquestionable constitutional right to dismiss his provincial ministers, if, from any cause, he feels it incumbent upon him to do so. In the exercise of this right, as of any other of his functions, he should, of course, maintain the impartiality towards political parties which is essential to the proper performance of the duties of his office; and, for any action he may take, he is, under the 59th section of the Act, directly responsible to the Governor General."

Taschereau J.. in Lenoir & Ritchie, said :—

In the Federal Parliament the laws are enacted by the Queen, by and with the advice and consent of the Senate and the House of Commons—not so in the Provinces-their laws are enacted by the Lieutenant Governors and the Legislatures; the Governor General is appointed under the Royal Sign Manual and Signet; the Lieutenant Governors are not even named by the Governor General, but by the Governor General in Council. They are officers of the Dominion Governmentthey are not Her Majesty's Representatives.

60. The salaries of the Lieutenant Governors shall be salaries of fixed and provided by the Parliament of CANADA.

Lieutenant-
Governors.

Lieutenant

61. Every Lieutenant Governor shall, before assuming the duties of his office, make and subscribe before the Gov- Governor. ernor General, or some person authorized by him, Oaths of allegiance and Office similar to those taken by the Governor General.

See Sect. 11, 23 and 128.

provisions re

Lieutenant

62. The provisions of this Act referring to the Lieutenant Application of Governor extend and apply to the Lieutenant Governor for ferring to the time being of each Province, or other the chief Execu-Governor. tive Officer or Administrator for the time being carrying on

H

Appointment of
Executive

the Government of the Province, by whatsoever title he is designated.

63. The Executive Council of Ontario and of Quebec Officers for On- shall be composed of such persons as the Lieutenant Governor

tario and

Quebec.

Executive Gov. ernment of Nova Scotia

and New Brunswick.

Powers to be

exercised by LieutenantGovernor of

bec with advice

or alone.

from time to time thinks fit, and in the first instance of the following officers, namely, the Attorney General, the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with, in Quebec, the Speaker of the Legislative Council and the Solicitor General.

64. The Constitution of the Executive authority in each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the Union until altered under the authority of this Act. See Sect. 92, s.s. 1.

65. All powers, authorities and functions which under any Act of the Parliament of Great Britain, or of the ParliaOntario or Que- ment of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exercisable by the respective Governors or Lieutenant Governors of those Provinces, with the advice, or with the advice and consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respectively, with the advice, or with the advice and consent of or in conjunction with the respective Executive Councils or any members thereof, or by the Lieutenant Governor individually, as the case requires subject nevertheless (except with respect to such as exist under Acts

of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the respective Legislatures of Ontario and Quebec.

provisions re

66.. The Provisions of this Act referring to the Lieute- Application of nant Governor in Council shall be construed as referring to ferring to the Lieutenant Governor of the Province acting by and Governor in with the advice of the Executive Council thereof.

Lieutenant

in absence, &c.,

Governor.

67. The Governor General in Council may from time to Administration time appoint an Administrator to Execute the Office and of LieutenantFunctions of Lieutenant Governor during his Absence, Illness, or other Inability.

vincial Govern

68. Unless and until the Executive Government of any Seats of ProProvince otherwise directs with respect to that Province, ments. the seats of Government of the Provinces shall be as follows, namely, of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton.

Legislative Power.

1.-ONTARIO.

Ontario.

69. There shall be a Legislature for Ontario consisting Legislature for of the Lieutenant Governor and of one House, styled the Legislative Assembly of Ontario.

tricts.

70. The Legislative Assembly of Ontario shall be com- Electoral Disposed of eighty-two members, to be elected to represent the eighty-two Electoral Districts set forth in the first schedule, to this Act.

See Sect. 40, p. 86, for Schedule.

Sir John A. Macdonald in a report of 3rd November, 1869, gives the opinion that no power is conferred by Sec. 18 or other section of the B. N. A. Act, 1867, upon Provincial Legislatures to define or establish their privileges, and that no general powers of legislation for the good government of the Provinces are given to the Provincial Legislatures. Their powers are strictly limited to those conferred by Sections 92, 93, 94 and 95. Sessional Papers, 1877, No. 89, p. 202, 213.

Legislature for
Quebec.

Corstitution of

2.-QUEBEC.

71. There shall be a Legislature for Quebec consisting of the Lieutenant Governor and of two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.

72. The Legislative Council of Quebec shall be composed of twenty-four members, to be appointed by the Lieutenant Governor in the Queen's name, by instrument under the Great Seal of Quebec, one being appointed to represent each of the twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding office for the term of his life, unless the Legislature of Quebec otherwise provides under the provisions of this Act.

The Legislative Council of Prince Edward Island has recently been saved from extinction by the casting vote of its President. This body in that Province is elective, making it substantially different from the Legislative Council of other Provinces that possess such institutions. There was a general election for the Council in the summer of 1879, turning largely upon the question of the continuance of the upper branch of the Legislature. Another election would likely be fatal to the Council, unless a very inferior Lower House might be thought by the people to require the other branch to sift its legislation. Indeed, a leading paper of the Province claims that the Legislative Council is the popular branch. Being elective, of course, the only motive the Islanders can have for its abolition is the cost of maintaining the Upper Chamber.

In exparte Dansereau, petitioner for a writ of Habeas corpus, held by the Q. B., appeal side, Montreal, (19 L. C. J. 210):

1. That the Legislative Assembly of the Province of Quebec has power to compel the attendance of witnesses before it, and may order a witness to be taken into custody by the sergeant-at-arms if he refuses to attend when summoned.

2. The omission to state in the Speaker's warrant of arrest the grounds and reasons therefor is not a fatal defect.

3. The Quebec Statute, 33 Vic., c. 5, viz.: An Act to uphold the authority and dignity of the Houses of the Quebec Legislature and the independence of the members thereof, and to protect persons publishing Parliamentary papers, is within the powers of the Local Legislature. The 2nd sect. of that Act enacts that each House may command and compel the attendance or production before such House or