Читать книгу England, Canada and the Great War - Louis Georges Desjardins - Страница 9

As long as Canada will remain under the flag of Great Britain – and for one I hope it will yet be for many long years, – it is evident that it will not be a "Sovereign State" in the full sense of the word.

One can hardly believe that the Nationalist leader, at page 17 of his pamphlet – "Hier, Aujourd'hui, Demain" – "Yesterday, To-day, To-morrow," opens a chapter with the title: "Les Colonies autonomes sont des Etats Souverains." – "The autonomous colonies are Sovereign States."

Mr. Bourassa was evidently led to the grievous error contained in the preceding title by a complete misapprehension of the true meaning of the word "autonomous." He took "autonomy" for "Sovereignty," being under the delusion that the two are synonymous.

Any student of History knows, or ought to know, that after the war which culminated in the independence of the United States, England adopted an entirely new colonial policy. She was the first Sovereign Power, and has ever since remained the only one, to realize that the old system was doomed to failure, that it was worn out. Her leading statesmen, who always ranked amongst the most eminent the world over, were more and more convinced that the only safe colonial policy was that which would grant "self-government" to the colonies, trained to its harmonious working, for their interior management. The true meaning of this new policy was that several of the colonies were, by acts of the Imperial Parliament, called to the exercise of a share of the Sovereignty, well defined in their respective constitutional charters. Canada was one of the first British colonies to enjoy the advantages of such a large part of the Sovereign rights.

Such "autonomous colonies" as Canada, Australia, New Zealand, South Africa, Newfoundland, have been, and are to the present day, do not transform them into "Sovereign States," enjoying full "Sovereign powers." They are not "Independent States" in the full sense of the word.

That Canada is not a Sovereign State is proved beyond doubt by the very fact that she could not amend or change her constitutional charter by her own power and without a new Imperial law. If the Nationalist leader's pretention was sound, any member of the House of Commons, or of the Senate, in Ottawa, could propose a bill to repeal the British North America Act, 1867, and to replace it by another constitutional charter. The very supposition is absurd. Can it be imagined that His Excellency the Governor-General could be advised by his responsible Ministers to sanction, in the name of His Majesty the Sovereign of Great Britain, a bill repealing an Act of the Imperial Parliament? Still it is exactly what Mr. Bourassa's theory amounts to.

Our constitutional charter does not only provide what is called our Federal, – or National – autonomy, but also the Provincial autonomy. The powers of both are well defined in the Imperial Act. The Provinces of the Dominion also exercise that share of the Sovereign rights delegated to them by the Imperial Parliament. Would the Nationalist leader draw the extravagant conclusion that the territory of any one of the Provinces cannot be declared in the "State of War" with a Foreign Power, by His Majesty the King, without the assent of the Ministers of that Province? Still that absurd proposition would not be more so than that affirming the necessity of the assent of the Canadian Cabinet, to a declaration of War involving Canada in an Imperial struggle.

The Sovereign right of declaring war to, and of making peace with, another independent State, is vested in the King of Great Britain, acting upon the advice of his responsible Ministers in the United Kingdom. To the Imperial Parliament belongs the constitutional authority to deal with the Imperial Foreign Affairs.

It is plain that when Great Britain is at War with another Sovereign State the whole territory of the British Empire is in the "State of War" with that Nation.

It is inconceivable that Mr. Bourassa has seriously pretended that Canada was not at war with the German Empire the very moment the British Empire was so in consequence of the violation by Germany of Belgian neutrality. One can hardly believe that he has propounded the fallacious constitutional doctrine that His Majesty "the King of England hath not the right to declare Canada in the State of War without the assent of the Canadian Cabinet."

Where and when has the Nationalist leader discovered that the Canadian Ministers have the right to advise His Majesty upon all the questions pertaining to the Imperial Foreign Affairs? Any one conversant with the constitutional status of Canada knows that the Canadian Ministers have the right to advise the representative of the Sovereign only upon matters as defined by the British North America Act, 1867, and its amendments.

I was indeed very much surprised at the attempt of Mr. Bourassa to use the authority of Sir Erskine May in support of his erroneous pretension that the autonomous colonies of Great Britain were Sovereign States.

To all the students of the Constitutional History of England, Sir Erskine May is a very well known and appreciated writer. I have read his works several times over for many years. I was certain that he had never written anything to justify the Nationalist leader in quoting him as he did.

Here follows the paragraph of May's Constitutional History quoted by Mr. Bourassa in support of his own views: —

Parliament has recently pronounced it to be just that the Colonies which enjoy self-government, should undertake the responsibility and cost of their own military defence. To carry this policy into effect must be the work of time. But whenever it may be effected, the last material bond of connection with the Colonies will have been severed, and colonial states, acknowledging the honorary sovereignty of England, and fully armed for self-defence, as well against herself as others, will have grown out of the dependencies of the British Empire.

I must say that I am absolutely unable to detect one single word in the above quotation to authorize Mr. Bourassa to affirm that Sir Erskine May was of opinion that "the autonomous colonies were Sovereign States." The true meaning of the above extract is surely very plain. What does it say? It declares, what was a fact, that the British Parliament has recently pronounced it to be just that the Colonies which enjoy self-government should undertake the responsibility and cost of their own military defence.

Would the British Parliament have deemed it necessary to express such an opinion, if the Colonies had, then, been Sovereign States, consequently obliged, in duty bound, to defend themselves alone against any possible enemy. Surely not, for the obvious reason that Great Britain would have had no more responsibility for the defence of territories no longer covered by her flag and under her Sovereignty.

The very fact that the British Parliament thought proper, under the then circumstances, to say that the Colonies enjoying self-government should undertake to defend themselves, is the convincing proof that they were not Sovereign States.

The following sentence of May's quotation says: —To carry this policy into effect must be the work of time.

It is clear that the policy requiring the work of time to be carried into effect was not actually existent at the time Sir Erskine May was writing.

The extract quoted by Mr. Bourassa concludes by declaring that when such a policy has been finally adopted, the Colonies will have developed into Colonial States having grown out of the dependencies of the British Empire.

Evidently, when the Dominions of Canada, Australia, South Africa, New Zealand, will have grown out of the dependencies of the British Empire, they will no longer be Colonies of Great Britain. But when will that very important event take place? Surely, Sir Erskine May could not foresee. Even to-day Mr. Bourassa cannot say more than any one else. Pending that unforeseen outcome, the Dominions will remain parts of the British Empire under her Sovereignty.

The above quotation was taken by Mr. Bourassa from the edition of Sir Erskine May's "Constitutional History" published in 1912. But they were first edited by the author in 1863. When has the Imperial Parliament adopted the above mentioned "Resolution"? It was voted in 1862 – the 4th of March – more than fifty-six years ago. Quoted as it has been by Mr. Bourassa, it appears to have been only very recently adopted. The fact that it is more than half a century old, and was carried before the Federal Union of the Provinces, is a convincing proof that it has no bearing whatever upon the conditions of Canada's present colonial status. By the aforesaid "Resolution," the British House of Commons was only expressing the opinion that the time had come for the Colonies to undertake the responsibility and the cost of their defence. The "Resolution" does not say that Great Britain would no longer be called, in the exercise of the rights and duties of her Sovereignty, to defend her Colonial Empire.

By what reasoning can a mere expression of opinion by the English House of Commons be interpreted as at once transforming the Colonies into independent Sovereign States?

Any one somewhat conversant with the political events that led to the Federal Union of the Provinces knows that in applying to the British Parliament for the new Constitutional Charter, the Legislature of United Canada had a twofold object: – first, the settlement of the constitutional difficulties then pending between Upper and Lower Canada; secondly, a broader development of Canada and also of the British Empire. Such was the purpose of the coalition government formed in 1864. All the members of that Cabinet were strongly in favour of the maintenance of Canada's union with Great Britain. I have heard them expounding their views on what the future of Canada ought to be. I am positive that neither Sir John A. Macdonald, Sir Georges Cartier, the honorable Georges Brown, nor any of their colleagues, of both political parties, ever said a word which could be construed as expressing the opinion that the proposed Federal Union would make of Canada an independent Sovereign State. It is incredible that Mr. Bourassa should have so erroneously understood their real views so as to pretend that they favoured Confederation for that very purpose.

As a proof of his pretension, he quoted the following words of Sir John A. Macdonald, in the Legislative Assembly of old United Canada: —

"With us the Sovereign, or, in this country the representative of the Sovereign, can act only on the advice of His Ministers, those Ministers being responsible to the people through Parliament."

Mr. Bourassa used the foregoing sentence in support of his contention that the King of England could not declare war without the assent of the Canadian Cabinet. It is impossible to understand how such a notion can be seriously held and expressed. His Majesty cannot ask nor accept such an advice, if it was tendered, for the very reason that the Canadian Cabinet has not the constitutional right to advise the King respecting the international relations of the Empire. And why? Precisely because the Canadian Ministers would not be responsible for their advice to the Imperial Parliament and to the electorate of the United Kingdom.

The true meaning of the above quoted sentence of Sir John A. Macdonald is very plain. Ministerial responsibility was the fundamental principle of the old Constitution, as it is of the Federal Charter. Sir John A. Macdonald was perfectly right in affirming that "in Canada, as in England, the Sovereign could act only on the advice of His Ministers," that is to say on the advice of His responsible Ministers within the constitutional powers of our Parliament on all matters respecting which they had the constitutional right to advise His Majesty.

Sir John A. Macdonald never said – he could not possibly say – that as Prime Minister of Canada, under the new Constitution, he would have the right to advise the Sovereign on all matters within the exclusive constitutional jurisdiction of the Imperial Parliament, for instance respecting the exercise of the Royal prerogative of declaring war against, or of making peace with, a foreign independent State. He has never propounded such an utterly false constitutional doctrine.

Mr. Bourassa went still further. He quoted the following sentence from Sir John A. Macdonald: – "We stand with regard to the people of Canada precisely in the same position as the House of Commons in England stands with regard to the people of England."

I was indeed most astonished to read Mr. Bourassa's inference from those words that Sir John A. Macdonald had affirmed the absolute equality of powers of the Imperial and the Canadian Parliaments.

If the opinion expressed by Sir John A. Macdonald could be so interpreted, he would have affirmed – what was radically wrong – that under the new Constitution, the Canadian Parliament would have, concurrently with the Imperial Parliament, absolutely the same powers. What did that mean? It meant that the Canadian Parliament, just as the Imperial Parliament, would have the right to edict laws establishing Home Rule in Ireland, regulating the government of India and the Crown Colonies, granting constitutional charters for the good government of the Australian and South African Dominions, &c., &c.

Surely it is not necessary to argue at any length to prove that Sir John A. Macdonald never for a moment entertained such an opinion. What he really said, in the above quoted words, was that within their constitutional jurisdiction, within the limits of their respective powers, the two Parliaments stood in the same position, respectively, with regard to the people of England and to the people of Canada. It was equivalent to saying – what was positively true – that the British Ministers and the British Parliament were responsible to the people of England, and that the Canadian Ministers and the Canadian Parliament were responsible to the people of Canada, – both of them within the limits of their respective constitutional powers.

If the Canadian Legislature had enjoyed all the constitutional powers of the British Parliament, she would not have been obliged to pass addresses asking the latter to enact a new charter creating the Federal Union of the Provinces. She could have repealed her then existing constitution and enacted the new one by her own authority. But that she could not do. She could not repeal the old, nor enact the new charter.

But the most extraordinary is that Mr. Bourassa went so far as to declare that Canada should have participated in the present war only as a "Nation," meaning, of course, as an independent Sovereign State.

On reading such a preposterous proposition, at once it strikes one's mind most forcibly that if Canada had really had the power to intervene in the world's struggle as a "Nation," she would have had the equal right to the choice of three alternatives.

First: – Declare war against Germany and in favor of the Allies.

Second: – Remain neutral.

Third: – Declare war against Great Britain and fight for Germany.

For it is obvious that all the Sovereign States – and Canada like them all if she had been one of them – had the Sovereign Right to fight for or against Great Britain, or to remain neutral. Of course, I am merely explaining in its entirety the Right of a Sovereign State. I surely do not mean to say that Canada, had she really been such a State, would in any way have been justifiable in joining with Germany in her dastardly attempt to crush Civilization in the barbarous throes of her domination.

What would His Excellency the Governor-General have answered his Prime Minister advising him to declare war against England, he who represents His Majesty at Ottawa? Would he not have told him at once that the Canadian Prime Minister had no right whatever to give him such an advice; that Canada, being a British Colony, could not declare war against her Sovereign State; that for the Canadian people to take up arms against England would be treasonable revolt?

It is absolutely incredible that a public man, aspiring to the leadership of his countrymen, can have been so completely lost to the sense of the Canadian constitutional situation as to boldly attempt to pervert their mind with such fallacious notions. He might as well pretend that the State of New York, for instance, has the Sovereign Right to declare war against the Government of the United States.

I, for one, cannot help wondering that any one can seriously think that a colony, always pretending to remain loyally so, can wage war against her Sovereign State. I feel sure that all sensible men do share my views on that point.