Judges at this time sat in both Houses, and Canada learned the bitter
lesson of keeping her judiciary out of politics. As the power of
appointment rested exclusively with the Governor and his circle, it can
be believed that the French of Quebec suffered disabilities and prejudice.
Hopelessly at sea as to the cause of the continual unrest in her colonies
and undoubtedly sad from the loss of her American possessions, England
now sent out a commissioner to investigate the trouble; and it is to the
findings of this commissioner that the United Kingdom has since owed her
world-wide success in governing people by letting them govern themselves.
People sometimes ask why England has been so successful in governing
one-fifth of the habitable globe. She does not govern one-fifth the
habitable globe. She lets much of it govern itself; and it was Lord
Durham, coming out as Governor-General and high commissioner at this
time, who laid the foundations of England's success in colonizing. His
report has been the Magna Charta and Declaration of Independence of the
self-governing colonies of the British Empire.
First of all, government must be entrusted to the house representing the
people. Second, the granting of moneys must be controlled by those
paying the taxes. Third, the Executive must be responsible not only to
the Crown but to the representatives of the people. It is here the
Canadian system differs from the American.
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