consider them to be of a permanent character. The Constitution of Canada, and of the other British North American Colonies, is as nearly as possible assimilated to the Constitution of England, and, with the exception of the Governors and Judges, no other Officers can retain power but by a majority in the Legislative House. But still the Crown has held, and still holds through Parliament, a legislative control over the acts of the Colonial legislature. In a country, however, so powerful as Canada, it would be very dangerous to exercise that control, excepting under circumstances of danger, and when Her Majesty's subjects themselves in Canada are consenting parties to acts which may be considered necessary to be brought forward in the Imperial Parliament. The British Parliament has, however, legislated for all the Colonies, but seldom, excepting when acts of the Imperial Parliament have been violated. When the House of Assembly in Jamaica refused to provide the means for providing suitable prisons, which became necessary after the emancipation of the slaves, the British Parliament did legislate, and on the inhabitants resisting such legislation the Constitution was suspended until the Colony accepted the previous Act.

In 1840, in consequence of a rebellion, the Constitution of Lower Canada was suspended, and a Provisional Government appointed, with legislative functions and strong executive powers, until a new Constitution was given to Upper and Lower Canada as one province. Parliament is now legislating with regard to the lands in Canada called the Clergy Reserves, and will no doubt pass an Act vesting the management and disposal of those territories in the local Government of Canada.-Editor.

Note 12. THE BRITISH CABINET OR GOVERNMENT.—(P. 338)

An essential element of the Constitution is the Cabinet, which is formed by the Sovereign sending for a person who is always a Statesman of Parliamentary experience. This distinguished person is consulted, and usually entrusted with forming a Cabinet; as he is supposed to be the best entitled, not only to the confidence of the Sovereign, but necessarily of the country. For, although the Sovereign

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=may appoint a Prime Minister, and entrust him with the formation of a Cabinet, every member of that Cabinet who have seats in the House of Commons must go back to their constituents to be re-elected, or in other words approved of or rejected by the electors. Even all the subordinate appointments, including the Officers of the Royal Household, must, if they have seats in the Commons, be also re-elected or rejected. The Cabinet consists of

1. The Prime Minister, who is called, not correctly, First Lord of the Treasury.

2. The Chancellor of the Exchequer, who is de facto the head and director of the Treasury, and of the whole revenue and expenditure of the United Kingdom, and under whose control are the departments of inland revenue, the customs, national debt, &c.

3. The Secretary of State for the Home Department, under whom is the executive and legislative department of the administration of criminal law, the maintenance of the peace, police magistrates, and various duties bearing upon the administration of the kingdom.

4. The Secretary of State for Foreign Affairs, who manages the relations of the British Empire with all Foreign Countries, recommends to the Sovereign the appointment of Ambassadors to foreign courts, and of British Consuls to different parts of the world.

6. The Secretary of State for the Colonies, who has the direction and the control of the Colonial Empire of Great Britain. He recommends who should be appointed Governors of Colonies, Judges, and certain other Officers, greater or less in number, according as the Colonies have more or less of legislative self-government. Either the Chief Secretary of State, or an Under Secretary,-there being two Under Secretaries in the Home and Foreign, and three in the Colonial Office,-have, in each, seats in the House of Commons.

7. The President of the Board of Trade is usually in the Cabinet. Matters affecting trade and navigation, the railway department, and commercial legislation, are generally under this minister, with whom there is also a Vice-President and two Secretaries.

8. The President of the Board of Control is head of the Executive Affairs of India, and with two of the East Indian Directors constitute a Secret Committee for directing the Executive and Military Affairs of India; and he in reality recommends, no doubt with the advice of his colleagues in the Cabinet, the Governor-General, other Governors, as well as Judges, and chief Law Officers in India. There are two Secretaries to the Indian Board, who generally have had seats in the House of Commons.

9. The First Lord of the Admiralty is also a Cabinet Minister of the Crown; and one of the Secretaries of the Admiralty has always a seat in Parliament.

The Commander-in-Chief of the Forces is not a Cabinet Minister, but the Secretary at War is usually a Member of the Cabinet, and always of the Government.

The Postmaster-General is usually a Peer, and is always in the Cabinet.

The President of the Council, although he is actually President of the Cabinet, is never considered a Prime Minister. National education is chiefly under his direction.

The Lord Privy Seal can scarcely be said to hold an administrative office, but he is always a Member of the Cabinet.

The Chancellor of the Duchy of Lancaster is generally, but not always, a Member of the Cabinet.

The Lord Chancellor, who ranks even higher than the Prime Minister, has hitherto always been a Member of the Cabinet. But there appears no greater necessity for a Chancery or Law Judge being a Member of the Government, than for the Lord Chief Justice being in the Cabinet, as was formerly the case. The Lord Chancellor being a Member of the Cabinet, and the duration of his office depending merely on the existence of the Government with which he is connected, has always constituted a great evil with regard to the Court over which he presides.

At present one Member of the Cabinet, Lord John Russell, holds no office, but on the part of the Government he leads the House of Commons.

The Members of the Government not in the Cabinet are the Vice-President of the Board of Trade, Paymaster of the

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Forces, Secretary of the Admiralty, Under-Secretary for the Home Department, the two Parliamentary Secretaries of the Treasury, the Junior Lords of the Admiralty and Treasury, the Parliamentary Secretary of the Colonial Office, the Under-Secretary for Foreign Office, the two Indian Secretaries, the Lord Chamberlain, and various Officers of the Royal Household, the President of the Poor Law Board, the Lord-Lieutenant for Ireland, Chief Secretary for Ireland, Solicitor and Attorney-General for Ireland, the Lord Advocate and Solicitor-General for Scotland.

The Leader of the House of Peers is usually the President of the Council.

The Leader of the House of Commons is usually the Prime Minister, if not a Peer: or the Chancellor of the Exchequer, who, as he must bring forward the annual financial Budget, must always be a member of the House of Commons.