12. THE CONSTITUTION. In the Ca nadian draft of the bill, Canada was styled a "Kingdom?'For that title "Dominion * was substituted at the instance of Lord Derby, who thought that the title °Kingdomx' might be offensive to the Americans. Sir John Mac donald, as a strong monarchist, deplored the change, feeling that had the title °Kingdom° been adopted the Australian colonies would have been applying to be placed in the same rank as the kingdom of Canada. As it is, the Australian colonies have adopted the title °Commonwealth,° suggestive rather of progress in democratic sentiment.
The term Confederation has been applied to two forms of polity materially different from each other. One is confederation proper; the other is nationality with a Federal structure. The instance of confederation proper in ancient history is the Adia-an League; in modern his tory, instances are the original Swiss Bund, the United Netherlands, and the Union of the American colonies during the Revolutionary War. Instances of a nation with a Federal structure are the United States of America under their present constitution and the present Swiss Bund. A confederationproper is formed for a special object, usually that of common defense. The several states entering into it do not resign their sovereign power. Nor does the Federal council exercise, like a national government, authority over the indi vidual citizen, but only over the States. Its legislative power is confined to the fulfilment of the special object of the federation. Nor has it any power of taxation, but only a power of requisition. In the case of a federation proper, the Federal government is an organ of the states governments collectively. In the case of a nation with a Federal structure, the states are severally organs of the Federal gov ernment. The Canadian confederation belongs, as its name Dominion of Canada imports, to the class of nations with a Federal structure. So does the newly formed Commonwealth of Australia.
The Canadian constitution is embodied in the act of the British Parliament called the British North America Act, which can be amended only by the power by which it was passed. In com
mon with the other colonies, self-governed as they are styled, Canada remains in the allegiance of the British Crown, retains the constitutional forms and nomenclature of the monarchy, and is, to a certain, though of late years diminish ing, extent, under the actual control of the Imperialgovernment. The legislation of the ri Impeal Parliament is, with certain exceptions, binding upon Canada. To the King's govern ment under the control of the Imperial Parlia ment belong the treaty-making power — with the exception of commercial treaties — and the power of peace and war. By the Imperial gov ernment the governor-general, the legal head of the Dominion is appointed. ''he supreme juris diction is still the British Privy Council and in it is vested the interpretation of the dana dian constitution. The fountain of honor is Imperial. The .territory of the Dominion is part of the domain of the empire, at the disposal of the Imperial government, i which has exercised its power in boundary cases. The tendency, however, since con federation, has been constantly toward prac tical independence. The veto power has been very sparingly exercised, and only in special cases, as in that of copyright where the colonial act conflicted with the Imperial law. Appeal from the colonial courts to the Privy Council has been restricted. Military occupation has ceased. The military administration has passed, not without friction, into the hands of the Canadian Minister of' Militia, and the Chief of the General Staff, as the principal military officer is called, is his subordinate. In com mercial relations Canada is antonomous. The dispensation of titles and decorations, to which great influence is attached, still remains Imperial, though even in this the wishes of the Canadian government probably make themselves felt.