Canadian Constitutional Studies the Marfleet Lectures University of Toronto

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38). When Macdonald stoutly maintained Canadian interests, Lord Tenterden 74 CONSTITUTIONAL DEVELOPMENT suggested that this statute might be repealed and Canada left helpless. According to Macdonald's report, 24 the British commissioners seemed to have only one thing in their minds: "to go home to England with a treaty in their pockets settling everything, at no matter what cost to Canada. " At one time he contemplated withdrawing from the Commission, but refrained by reason of the grave result...s that would follow. 25 He found it difficult, if not impossible, to make the Americans understand that the Government of the United Kingdom had "no dispensing power as a paramount authority which would override any action of the Canadians. When Lord de Grey tells them that England is not a despotic power, and cannot control the Canadian Parliament when it acts within its legitimate jurisdiction, they pooh-pooh it alto- gether. " 26 Sir John seemed to have been perplexed throughout as to his duty: on the one hand he was Prime Minister of Canada; on the other, he was a British commissioner, and thus supposed to act under instructions from the British Government.

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