The
Right Honourable Sir John A. Macdonald.(1815-1891)
erroneously
called a ''father" of Canada's defective
confederation claim; Lord
Monck came back to Canada from Britain, as a Corporation Sole, a Governor
General.
Governor Generals
had
tremendous powers. His first act upon opening Parliament in Canada
was to announce
that John A. Macdonald had been granted the title of "Sir". Sir John
was now a member of England's Privy
Council and soon Lord Monck would appoint Sir John prime minister of
Canada, the first prime
minister of Canada under Britain and from the Conservative Party.
Sir John was made a member
of the.Tribunal.or
Board of Arbitration.(the
decisions from which were incorporated into the Treaty
of Washington of the same date; the outcome of the meeting) to convene
in Washington May 8, 1871 as it was desired by Britain that he use his
best endeavours to settle with the United
States the disputes that demanded attention.
Sir John was diverted by the British to carry
out Imperial policy. Sir John later said (from Dominion Archives),.in
attesting to no confederation."Honors
should only be granted for a service performed for the Imperial Government.....All
these honors were conferred upon myself and the other gentlemen on account
of the prominent part we had taken in carrying out the.Imperial.policy".(showing
that John was an instrument of Great Britain, not any 'father' of a supposed
Canadian confederation).
In carrying out Britain's wishes for settlement
with the United States, John Macdonald set aside his plan for federal union.
Also at this time he got married to Susan Agnes Bernard, daughter of the
Rt. Hon. Montague Bernard. Alexander Mackenzie, a Liberal, succeeded Macdonald..comprised
from Microsoft® Encarta® Encyclopedia 99. © 1993-1998 Microsoft
Corporation. All rights reserved.
Magna Carta.(means
"Great Charter")
a document (the document
Magna
Carta) sealed by King John of England on.June
15, 1215, in which he made a series of promises
to his subjects that he would govern England and deal with his vassals
according to the customs of feudal
law. But he was a corrupt king. The story is told in the movies Robin
Hood with Russell Crowe and Ironclad I & II.
Over the course
of centuries, these promises have required governments in England (and
in countries influenced by English tradition).to
follow the law (such as Article
61 of the Magna Carta) in dealing with
their citizens and became know as corrupt
Common
Law, including the need, stated in the Magna Carta (1215), for.taxes
to have the consent of the taxed.(this
is.thought
by Canadians.to
be as such, but is circumvented
constantly, in contradiction of what has been purported
to the public. Governments since continue to not follow what is in this
so-called
constitution.{for
it certainly was.not
a true constitution.of
the people in any way whatsoever}). It was a cabal concocted document to
both placate and bamboozled the people. Read through it and see.
Canada really is without
a document that represents.(that's
re-present or, 'present again', meaning, coming from the people to those
the people are controlling and that is, a federal government of.their.creation).the
wishes of her people and just what do you call any government that rules
as it likes with disregard as shown by tricks
recent, present, and in the past? Are they oligarchical
or communistic, and though there
may be a difference between the two in function, is
there in effect?)
The Magna Carta was incorporated
into a document purported to be a constitution for Canada (when Canada
already had one created under Sessional
Papers 18 and didn't know it {thanks for nothing all you Canadian politicians
of times past and present who understood, but didn't make the truth known
to people in the nation about these things that are important to all Canadians
future}) and of course, as mentioned, even the invalid
one that was concocted is not followed
by Canada's government.
The Magna Carta has guarantees
applicable today to nations that have incorporated it into their constitutions
(such as the true US
Constitution), not the one they presently have, that citizens' life,
liberty and property were not to deprived of (some restrictions apply).
The Magna Carta remains an
agreed upon perpetual major document
in the history of individual liberty, see Article
63 of the Magna carta. The document establishes the principle that
no person, not even the king, is above the law. More specifically, this
means that.the
government must follow its own laws in its dealings with its citizens,
just as citizens must obey the law.in
their dealings with other citizens.(welcome
to Canada where there is one standard for the fed and another, by the fed,
for citizens; now what would you call an
administration like this?)
King John of England had
spent the years since the loss of Normandy and Anjou in preparation for
a large scale military campaign to recover lands from Philip II. To raise
money for the campaign,.John
demanded and imposed more and higher taxes and services from his subjects
than ever before.without
consent of the people to be affected by his decisions, which was a
violation of feudal law and custom..Little
did he know that any sovereign country
can create its own currency and that, free of any load factor called interest.
See the movie Robin Hood
with Russell Crowe, a big budget historical presentation.
In addition, he ruled very
harshly, fearing disloyalty from the English barons.
His campaign to recover his
lands in France failed disastrously. When John returned to England to collect
even more money, many ofthe English barons revolted. The rebel lords captured
London but did not defeat John's forces decisively. By the spring of 1215,
a stalemate approached and the two sides began to negotiate. The Magna
Carta was the result of these discussions, and John agreed to it in 1215
at Runnymede, a meadow near Windsor.
The Magna Carta of 1215 contains
63 clauses. The first restates the charter that John issued in 1214, which
had granted liberties to the Church. In many clauses John promises to be
less harsh in enforcing his feudal rights on the barons, and another clause
states that the barons must grant to their tenants all the feudal concessions
that the king has made to them. Many clauses concern the legal system;
in these John promises to provide good and fair justice in various ways.
The last few clauses concern
enforcement of the document.
The two most important clauses
of Magna Carta are among the legal clauses. Clause 40 promises, "To no
one will we sell, to no one will we deny or delay right or justice." This
clause establishes the principle of equal access to the courts for all
citizens without exorbitant fees. In clause 39, the king promises, "No
free man shall be taken or imprisoned or disseised or outlawed or exiled
or in any way destroyed, nor will we go or
send against him, except by the lawful judgment of his peers or by the
law of the land." This clause establishes
that the king would follow legal procedure before he punished someone.
Historians have debated at length the meaning in 1215 of "by lawful judgment
of his peers or by the law of the land," and who exactly was covered by
the term "free man." By the later 14th century, however, statutes interpreting
the Magna Carta equated "judgment of peers" with trial by jury.(trial
by jury of one's peers for any case {cases under Common Law require
a jury.(see Golden
Rule and CommonLawCourt.com).which
did not exist in criminal cases in 1215). Other statutes rephrased "by
the law of the land" as "by due process of law." These later statutes also
substituted "no one" or "no man of any sort or condition" for "no free
man," which extended the protections of the clause to all the king's subjects.
These protections were cited
in many founding documents of the American colonies and were incorporated
into the Constitution
of the United States.
Forces That Shaped The Constitution:
In 1774 the Parliament of Great Britain capped a series of its abuses against
the
American colonies by imposing.a
tax on tea.imports
to the colonies.(We're
mad as hell, and we're not going to take it any more!–they were finished
with Britain, but they
were fooled by the framers of the US Constitution; today, they are
the best of friends, and that's so nice!)
The colonies quickly agreed
to convene a Continental
Congress,
which in 1776 appointed two committees; one
to draft the Declaration
of Independence and the other to prepare a "form of confederation"
among the colonies. In 1778 this second committee
produced.the
Articles of Confederation. They took effect
in 1781 when Maryland, the last holdout state, ratified
them.
The
Articles
of Confederation,.the
first true constitution of the United States, established
a league of friendship among the states, but not a political union..Each
state remained separate and sovereign
(under self rule). Too bad it didn't stay that way.
The central government consisted
of a one chamber Congress, in which.each
state had a single vote..Congress
had few powers, lacking even the authority to impose taxes..Any.congressional
action required the approval of 9 of the 13 states..The
government had no president and no central court.
After numerous votes settled
the details, a committee on style and revision was assigned in to put the
final results in language to submit to the people for ratification. Two
political dignitaries had great
influence on the creation of the Constitution.John
Locke.(1632-1704),
an important British political philosopher, had a large impact through
his.Second
Treatise of Government.(1690).
But many others were against it, and the hasty methods the sculptors (actually,
scalpers of the Articles of Confederation) were using to push it through
with little consideration. And welcome to today and legislation that is
similarly enacted.
Locke argued.that
sovereignty.resides
in individuals,.not
rulers. A political state, he said, emerged from a social contract
among the people, who consent to government
in order to preserve their lives, liberties, and property. In the words
ofthe Declaration of Independence, which drew heavily on Locke, governments
derive "their just powers from the consent of the governed". (but
won't if the people allow loose controls)
The framers of the U.S. Constitution
made it look as if the Constitution was above legislative power, indeed.above
all governmental powers. But it was surreptitiously
done.
The Constitution, particularly
the Supremacy Clause of Article VI, establishes the "rule of law", the
idea that.the
government itself, including the president
and Congress,.must
abide by the law the individual states agreed and set for the federal government
to follow.
The Constitution had to be
ratified.by
nine states before it could take effect.
The Constitution spells outin
six articles (sections).the
powers of the federal government and the states.(the
Constitution does not include the term separation of powers). The first
three articles establish the separation mechanism and mark out areas of
responsibility for eachbranchof government (Forestry, Health, etc.).
The Constitution prevents tyrannical abuses of authority through the separation
of powers, where, each branch of government has its own responsibilities
and cannot take action in areas assigned to the other branches.
No member of Congress may
serve simultaneously as a member of the executive branch. This separation.differs
strikingly.from
the Canadian and British practice, in which
the prime minister and other executive officials are.also.members
of Parliament
comprised
from Microsoft® Encarta® Encyclopedia 99. © 1993-1998 Microsoft
Corporation. All rights reserved
The complete Articles of
Confederation (the true constitution), and the current surreptitious
one are in Encarta.
mogul
a rich or powerful person
Monarchy
a form of government in which one person has the
hereditary right to rule as head of state during their lifetime; the term
is also applied to the state so governed; the power of the monarch varies;
today constitutional monarchies possess little, if any power
compare sovereign
James Murray,
Governor of Canada
General James Murray, next
in command of the British forces, succeeded
General Wolfe, killed in the battle of the Plains of Abraham (Plains of
Abraham was part of Quebec City overlooking the
St. Lawrence River) in 1759, the scene of a decisive victory by British
troops over French forces. Here Great Britain captured the French held
city of Québec. British General James Wolfe landed his troops and
stormed the Plains of Abraham above the city, where they defeated the French
defenders led by General Joseph de Montcalm. Wolfe was killed and Montcalm
died the next day from wounds he received in the battle.
By grace
of the British, the conquered French were allowed to continue their language
and customs.
James Murray was issued.the
first constitution for Canada, drafted, signed
and printed by Yorke and Yorke Attorneys of the Board of Trade and Plantations
(Sessional Papers 18 {British}) in 1763, which appointed him as Governor.
The Letters Patent gave the Governor his authority.
The Dominion Government was
constituted
by.these.Sessional
Papers 18,.not
by
the BNA Act.
Sessional Papers 18 can be found in the Dominion Archives, Ottawa. In this
document General Murray was appointed Governor of New France. Giving him
authority from Britain to be the Corporate
Sole were the Letters Patent which
have been amended and changed slightly,
but basically they remained the same until the
last Letters Patent dated March 23, 1931.
Canada could not have two
central governments as the Governor General was constituted as the.sole
government of Canada. This is recognized by the Governor General's
Act, Chapter 85 R.S. (*)
There was only one central
government and it was in Ottawa, under the British Governor General over
all Canada, in the city where the Governor General resided. So, no other
central government was there to 'take
over' legally after Britain's Statute
of Westminster, December 11, 1931, which set the provinces free of
Britain's interest in Canada.
Britain had conquered New
France.(now
Quebec), where the French were defeated on the Plains of Abraham and decided
to impose British institutions, including a colonial
assembly.
James Murray and Guy Carleton,
both governors in Canada back then, successfully got Britain, by means
of the.Quebec
Act of 1774, to agree to preserve an administration
with no elective (obtained by vote) institutions. This changed
with the BNA Act 93 years later.....comprised
with Microsoft® Encarta® Encyclopedia 99. © 1993-1998 Microsoft
Corporation. All rights reserved.
mutatis mutandis
the necessary changes having
been made; having substituted new terms
myth
a creation myth (such as
evolution,
thought for a while to be valid, is
now regarded as a myth); a fictitious
story, person, or thing; fairy tale;
a fiction or half truth, especially one that forms part of an ideology;
a traditional, typically ancient story dealing with supernatural beings,
ancestors, or heroes that serves as a fundamental type in the world view
of a people, as by explaining aspects of the natural world or delineating
the psychology, customs, or ideals of society (the myth of Eros and Psyche);
such stories considered as a group (the realm
of myth).