the next is fixed and made known, that all persons concerned may have seasonable notice, and make their arrangements accordingly. But in the interim the president, or governor, has a discretionary power to call them together by proclamation at an earlier day, if any extraordinary occasion should require it.

The parliament cannot commence a session without being met and opened by the governor.

The house elect their own speaker, who is presented to the governor for his approbation.

They also adopt their own rules and orders; and where they have none expressly adopted, they govern themselves by those of the Commons of Great Britain; for which Hatsel is referred to as an authority.

The rights and powers of the Assembly in relation to the other branches, on subjects not defined in the constitution, are considered to be in general analogous to those of the British House of Commons. Thus money bills originate in the Assembly, and are not altered by the Council, although there is no express provision to that effect in the constitutional act. In 1816, the Council passed and sent down to the House of Assembly a bill to regulate the commercial intercourse with the United States, and, for that purpose, laying certain duties on articles imported into the province. The House unanimously resolved, that it was an infringement of their exclusive privilege of originating money bills, and refused to act upon it..

A bill passed by the Council and Assembly is

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HOUSE

*OXFORD

LIBRARY

not a law until it is assented to by his Majesty, or by his representative in his name. Except in the cases reserved by the constitutional act, the royal assent must be given in the presence of the two houses. In the session of 1815, a bill was passed by both houses, and signed by the president; but when he appeared before the two houses to give the King's assent to bills, that was mislaid, and not to be found. It was adjudged not to be a law.

The representative of the King may be a governor, lieutenant-governor, or other person authorized to administer the government. He usually has the style of lieutenant-governor. A governor in chief, appointed over all the British provinces in America, resides at Quebec, and has the charge of the province of Lower Canada.

When a bill has passed the two houses, it is presented to the lieutenant-governor, who assents to it in his Majesty's name, or withholds the royal assent, or reserves it for the signification of his Majesty's pleasure. If assented to by the lieutenant-governor, it may be disallowed by his Majesty at any time within two years, and then ceases to be a law upon the signification of such disallowance.

If reserved, his Majesty may, at any time within two years, assent to it, and then it takes effect as a law upon the signification of such assent.

Bills passed on certain enumerated subjects, respecting religion, and its establishment and support, are required to be reserved, and also to be laid. before both houses of the British parliament, before being assented to by the King; and if either

of the said houses address his Majesty against them, he is restrained from giving his assent.

Thus constituted, the provincial Parliament is authorized to pass laws, not repugnant to the constituting act, for the peace, welfare, and government of this province, which are declared to be valid and binding, to all intents and purposes whatever, within the province.

On one most important subject, that of taxation, the British parliament has expressly and solemnly renounced the exercise of all legislative power over the province. By an act passed in the 18th year of Geo. III. (1778) it was declared, "That the King and Parliament of Great Britain will not impose any duty, tax, or assessment whatever, payable in any of his Majesty's colonies, provinces, or plantations in North America, or the West Indies, except only such duties as it may be expedient to impose for the regulation of commerce, the net produce of such duties to be always paid and applied to and for the use of the colony, province, or plantation in which the same shall be respectively levied, in such manner as other duties collected by the authority of the respective general courts or general assemblies of such colonies, provinces, or plantations, are ordinarily paid and applied." This solemn declaration is recited, and thereby renewed, in the act constituting Upper Canada; and thus has become an essential part of the constitution. Under this guarantee of an exclusive right of selftaxation, the province was settled, and has thus far progressed, and there is no apprehension that

the public faith, so sacredly pledged by both King and Parliament, will ever be violated.

As the people understand that no taxes can be levied upon them without the concurrence of their immediate representatives, who, in common with their constituents, must share in the burthen of such taxes, there is, on this interesting subject, a general spirit of contentment and satisfaction.

The government of Upper Canada is a mixture of monarchy in the person of the King, aristocracy in the legislative Council, and democracy in the Assembly, with some variances, resulting from practice, and the colonial state of the country, it is an epitome of the English government.

SKETCH XIX.

EXECUTIVE GOVERNMENT.

Executive Powers vested solely in the King-His Majesty's Representative in the Province-Appointment of principal Officers-Their Salaries, how paid-Subordinate Officers-Executive Coun

cil.

THE King is not only a constituent branch of the provincial legislature, but is solely vested with the supreme executive power, a part of which is exercised by him immediately, and a considerable por

tion of it, through the medium of his official representative. The lieutenant-governor, and principal officers, such as the members of the executive council, judges of the court of King's Bench, receiver and auditor general, inspector general, attorney general, solicitor general, surveyor general, secretary, &c. receive their appointments and salaries directly from the crown. The judges of subordinate courts, sheriffs, magistrates, militia officers, &c. are appointed by the lieutenant-governor, in his Majesty's name, and are compensated according to the provisions of provincial laws.

The lieutenant-governor has a council, analogous to the King's privy council, to advise him in the executive department of government. The number of the members, their continuance in office, and their qualifications, being undefined in the act of parliament, are left to the discretion of the crown. Petitions to the lieutenant-governor, on executive subjects, are addressed to him in council; and the decisions, acts, and orders thereon are by his excellency in council.

SKETCH XX.

JUDICIARY.

King's Bench-Court of Appeals-Resort to the King in Council-Courts of Assize and Nisi Prius-District Courts-General Quarter Ses