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Vol. X.

No. i.

BOSTON.

January, 1898.

HON. SIR OLIVER MOWAT, G.C.M.G. Late Canadian Minister of Justice. By William Clayton.

THE British North America Act, 1867, gave Canada a federal constitution, the legislative powers being thereby divided be tween the Dominion Parliament and the legislatures of the various provinces. The scheme of federal union followed to some extent the Constitution of the United States, but an important difference was made with regard to the residuary powers of legislation. In the case of the United States the central government was invested with only the powers expressly given to it, the residuum of legislative authority remaining with the several States; in Canada, express powers were given both to the general government and to the provinces, and the Constitutional Act expressly declared that any powers not specifically given to the provinces should belong to the central government. A great deal of controversy has arisen with respect to the division of legislative power in Canada, both in the courts and in Parliament, and for many years the contest was maintained with much vigor and with occasional acrimony. It appears in the light of decided cases that there was a disposition on the part of the central government to appropriate powers which belonged of right to the provinces, and political considerations may have in fluenced much of the controversy, inasmuch as for the greater part of the period since 1 867 one political party was in the ascendant at Ottawa, and its opponents governed in most of the provinces. At all events, in those contests the province of Ontario, being the most important of the provinces, bore

the burden of the constitutional fight for the provinces; and it is not surprising, therefore, that the gentleman who for so long a period directed the public affairs of Ontario should now wear the laurels of so many victories and enjoy the reputation of being what he undoubtedly is, the first constitutional lawyer in Canada. Sir Oliver Mowat was the Prime Minister of Ontario from 1872 to 1896, thus winning the unusual distinction, as recently pointed out by the Hon. Edward Blake, of occupying a ruling position longer than any other pub lic man in any British country enjoying con stitutional government. Sir Oliver Mowat was born at Kingston Ontario, on the 22d of July, 1820. His father belonged to Canisby in Caithnesshire, Scotland, and served in the British army in Spain and Portugal under Wellington. After the Peninsular wars were over, he came to Canada and settled down at Kingston and married Miss Levack, who was also from Caithness. Oliver Mowat was seventeen when the Canadian rebellion broke out and he enlisted as a volunteer on the side of the Loyalists. At this period his sympathies were on the Tory side. He received his early education at Kingston in such schools as were at the time in vogue and finished his education under Rev. John Cruickshank, who was also dominie to the late Sir John Macdonald. His legal studies were also begun at Kingston. He articled in the office of Sir John Macdonald, to whom in after life he was destined to become so formidable an