Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP. V] TREATY RELATIONS 1107 officers, whether their authority emanated directly from the Queen or from her representative, the Governor-General. The jurisdiction thus exercised could not therefore be properly described, in the language used by Mr. Bayard, as a supposed, and therefore questionable, delegation of juris- diction by the Imperial Government of Great Britain. Her Majesty governed in Canada as well as in Great Britain ; the officers of Canada were her officers; the statutes of Canada were her statutes based on the advice of her Parlia- ment sitting in Canada. It was, moreover, an error to conceive that, because the United States and Great Britain were in the first instance the contracting parties to the Treaty of 1818, no question arising under that treaty could be ‘ responsibly dealt with ’ either by the Parliament or by the executive authorities of the Dominion. The raising of the objection was the more remarkable as the Government of the United States had long been aware of the necessity of reference to the Colonial Legislatures in matters affecting their interests. The Treaties of 1854 and 1871 expressly pro- vided that, so far as they concerned the fisheries or trade relations with the provinces, they should be subject to rati- fication by their several Legislatures, and seizures of American vessels and acts followed by condemnation for breach of the Provincial Customs Laws had been made for forty years without protest or objection on the part of the United States (tovernment. In a note from Mr. Phelps to Lord Iddesleigh, of Septem- ber 11, 1886,! no exception was taken to this view. The question rose again in 1891-2 in connexion with the proposed arbitration as to certain questions of rights on the French shore. The French Government endeavoured to insist that all legislation and executive action for enforcing the award should be taken by the Imperial Parliament. This claim Lord Salisbury absolutely declined to admit. France was entitled, he held, to exact the punctual perform- ance of the treaty obligation of Great Britain, but had no authority to insist on any special method? * Parl, Pap., C. 4937, p. 120. ® Parl. Pap., C. 6703, p. 47.

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