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Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► slynlfie "A SUIVRE", le symbols V signlfie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely Included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmte d des taux de reduction diffirents. Lorsque le document est trop grand pour 6tre reprodult en un seul cllch6, 11 est fiimA A partir de I'angle supArieur gauche, de gauche d drolte, et de haut en bas, en prenant le nombre d'Images ndcessaire. Les diagrammes suivants lllustrent la m6thode. 1 2 3 32X 1 t i 4 6 6 TI CONFEDERATION. A LETTER TO THE RIGHT HOKOUEABLE THE EARL OF CARNARVON, PRINCIPAL SECRETARY OF STATE FOR THE COLONIES. BY WILLIAM AMAND. M.P.P., FOR THE EAST RIDING OP HALIFAX, NOVA SCOTIA. LONDON: EDWARD STANFORD, G, CHARING CROSS. 1866. \ TO THE RIGHT IIONOHABLE THE EARL OF CARNARVON, PBTNCIPAL SECRETARY OF STATE FOR THE COLONIES, My LoRJ), The lion. Charles Tupper having made a Speech in your Lordship's presence, and addressed a ])ublic letter to you on the subject of Confederation, it is but courteous to him and just to your Lordship that both should be reviewed. In assuming thi.< task it may be proper to explain that I have been for twenty-three years a Member of the Legislature of Is'ova Scotia— thut I represent now theEastEiding of the Metro- politan count)' of Halifax — that, associated with my friend Mr. Howe, I have been sent to this Country to oppose the pro- posed scheme of Confederation; and that we have been charged to press upon the attention of Her Majesty's Government the addresses of eight of the oldest, most populous and wealthy Counties, whose Electors, convened in open Public Meetings, have prayed the Queen to protect their rights and institutions ; and that we are also charged with Petitions to the House of Commons, signed by the great body of the commercial classes in all the chief towns and seaports, by the proprietors of land, by the enrolled militia, and generally by those who have a stake in the country, or a right to exercise the elective francliise. ]\Ir. Tupper claims to represent the Provincial Government and a majority of the Legislature, and I at once admit that if the Parliament had been elected, and the Government formed, after a fair aud full discussion of the Confederation policy at the hustings, his position would be constitutional, his claims legitimate. But he knows that at the last general election the subject of Confederation was never mentioned on a single hustings in the Province— that it was never referred to in A 2 niiy of the public tnklrcHscs put forth by leaders of parties— tliat iho elections were run in 1SG3 — that the Quebec Conven- tion (lid not assemble till the autumn of 18G4( ; and that down to this hour the country at largo has not had tlie opportunity to pronounce a decision in any legal and formal mode (except by petition) on a question the most interesting and important that has ever been presented for consideration since the Colony was founded. He knows that in three large and populous coun- ties, in whicli elections have been run since the Quebec Scheme was propounded, the Government has been defeated, and their policy voted down by overwhelming majorities. He also knows that, though a vast number of petitions have been pre- sented to the Legislature praying that the Quebec or any other scheme of Confederation should not be adopted, but a single one was presented in its favour ; and that a great number of the members who voted for the resolution under which he has come here, were asked by resolutions, passed at public meetings, held in the heart of the counties they misrepresent, and which they dared not attend, to resign t^' *»• seats because they sup- ported a policy which public opin - • t'le Province so univer- sally condemned. lie also knows mat in the Metropolitan and all the other Counties, old party lines have been effaced, and that Conservatives and Liberals, men of all shades of opinion, have combined to oppose this scheme of Confederation ; and that they stand prepared to scatter the majority of whicli he boasts at the elections that by law come oif in May next, and to condemn the scheme of Confederation, which I do not believe can be carried in three Counties out of eighteen, if it is fairly- presented at the hustings. AVith these explanations, your Lordship and the people of England will be able to estimate Mr. Tupper'a true position in relation to this question — to determine the value of his representations —the extent of his influence. To make this matter more plain, let me imagine that a General Election had occurred in England tliree years ago on the ordinary questions 't of tho (lay, and that a innjoriiy had boon secured and a Govonmiciit tbrnied by either party suecesstul at tho polln ; — that long after tho election, a moaf^ure of a revolutionary charac- ter, whicli had never been propounded at the hustings, was brought forward by the Governtnent, unsustaincd by petitions from the people ; and that resolutions were, by influence, sur- ])rise, corruption, or by any chance combination of parties, passed by tho Legislature ; — that the measure was con- demned and tho Ministry defeated at thirty-six elections;* and that three millions of peopluf petitioned tho Crown to stay proceedings, until tho question was submitted to the electors at tho hustings, that they might have an opi)ortunity to overthrow the Ministry, and vindicate their rights and privileges. In what position would any M mister stand who persevered in that policy, and was afraid to appeal to his country, in presence of such a palpable withdrawal of confidence ? Modern England aflbrds uo such example, but comparing small things with great, this is exactly the position which Mr. Tupper occupies in Nova Scotia at this moment. This gentleman has lately written a pamphlet to endeavour to justify his conduct, so filled with irrelevant matter, that persons not very familiar with the history of this question^ may not be able to winnow the wheat from the chafi". With your Lordship's permission I will assist them in tho task. About three and twenty pages of this pamphlet are made up of extracts from letters and speeches written or made by Mr. Howe, the object being to })rove that that gentleman ought to support this scheme of Confederation, and must be very in- consistent if he does not. 1 may have something to say about these extracts by and bye ; but let us suppose that the collector * Comparing the number of Members in the House of Commons, with those in the iS^ova Scotia asserably, a condemnation of Ministers by three constituencies in the latter, is equivalent to thirty-six in the former. t In ])roportion to the number who signed the Xova Scotia Pe- tition, relatively to the muhr adult populatiou of the United Kingdoms. 6 li;i«l bet'U ftnijieiitly succcsbIuI, and liiul proved tliat Mr. Howe's action had not been consistent, and tliat lie had, in- formed by circnmstaiices, or by more intens^e study and in- vestigation of a great public question, changed his opinions, he would only then have proved that Mr. Howe had dono what the Duke of Wellington, Sir Robert Peel, Mr. Gladstone, and many other eminent men had dono before him. Is there a man who has been long in public life, who has not a page or two of Hansard read to him every Session to prove that ho has changed or modified his opinions ? But the answer given by the House, invariably is, " what have we to do with these criticisms and controversies — what wo want to know is, what is right to be done now, with all our lights and experience, with the measure in hand." And so, my Lord, I would urge with all respect, uhat the question should be tried upon its own merits, and witliout the slightest regard to what anybody might years ago have said or written. I could fill three pages from the pen of one of the Nova Scotia Delegates, who has come here in Mr. Tupper's train, written a few days before ho went to the Convention at Quebec, in which he warned his countrymen against any political union with Canada, and I might, if so disposed, speculate on the causes of his sudden conversion. I might print the speech of another of those ])elegatcs, made only last winter, in which he described the Nova Scotian Ministers with whom he is now associated, as blunderers only fit to be confined in a Lunatic Asylum. But 1 forbear, for what would all this prove P As respects the questions at issue nothing at all, and Mr. Tupper would better have consulted the taste of this country, and have spared your Lordship's time, had he made his pamphlet twxuity pages shorter. Glancing over these extracts from Mr. Howe's speeches and writings, we are reminded of those rubble walls frequently seen in England ; there is lire and some quaint form of beauty in every Hint, though one cannot say the same of the mixture of chalk and mud bv which thev are bound to^rethcr. What- over tlie aubjcet, there is racy EngllMli, cnerp;y of thou<;ht, niid lertility of illustration, in my old friend's utterances, and per- haps we ought to be obliged to tlio Delegate for stringing them together, even if the structure waa not erected for a very legitimate purpose. Mr. Tupper knows very well that all these extracts were months ago qiu)ted in the Parliamentary Debater, and printed in the Colonial Newspapers, and were triumpiuintly reconciled by Mr. Howe in a public letter, in which he satisfactorily ex- plained and vindicated his policy in relation to this question. In that defence Mr, Howe proved — 1. That while, since 1850, he had been an ardent advocate of all measures by which the Provinces might be industrially bound together by railroads or other public improvements- while he had favoured emigration and systematic plantation of the poor in the Colonies, and generally all such wise measures of mutual co-operation as had a tendency to elevate and strengthen British America, he had never, during a service of a quarter of a century, contemplated or proposed a political union with Canada, which would overthrow the system of self- government existing in the Maritime Provinces, or give her the unchecked control of their revenues and legislation. 2. That, when the subject was for the first and only time, formally discussed iu the Nova Scotia Legislature, while he was in it, Mr. Howe took a directly opposite view, not at all in accordance with Mr. Johnston's- and Mr. Tupper's opinions, but in harmony with those propounded in his pamphlet, recently published, " On the Organization of the Empire." 3. That to set the question of Colonial Union, occasionally referred to, at rest, he took powers from the Legislature to discuss it in 18G1, with the other Colonial Governments ; and that when Delegates from Nova Scotia and New Brunswick met with the Canadian Ministry in September, 18G2, it was unanimously decided that even the discussion of the subject wjis premature, and ought to be indefinitely postponed. But surely, even if Mr. Howe had expressed opinions ever >lt 8 HO Hiroiig in favour of the abstract princri)lc of Union, lio would not be bound to acropt tho Quebec sdiemo, if lie did not approve of it ; and he certainly could not have forfeited liia riglit to oppose any Hcliemo which the ^reat majority of his countrymen condcnuicd, and to aj)j)eal to tho Crown, tlio Parliament, the Press, and the people of En< nindo aa to the merits oT tiio Mclii'mo — wlioihor it waa cnlcuiatcd to nuiterially bonellt tlio hcvcnil Provinces, or aa to its probalilc, tli()U<^Ii perliapH romoto, cllectn upon tlio Empire at iarf^o. It waa quite enougli tiiat a moa.suru prepared by a Convention, aaid to represent all parties and opinions in the five Provinces, and rocommended by the (Jovernor-Ocneral, should receive u warm and hearty assent. But there were other reasons. Tho Anti-Colonial party — those who look upon Colonies as costly incumbrances, and who would circumscribe the bouiularies of this noble Empire to tho narrow limits of two small islands — these men hailed tbo Confederation scheme as tho first instal- ment of their possibly well-meant but suicidal policy : tho cutting adrift of the most valuable Colonies of the Crown, careless whether they formed themselves into a " New Nation- ality," or were absorbed by the United States. In addition to this active and talented, though perhaps not very powerful party, the public at largo welcomed British American Con- federation as a remedial measure — one that would throw the chief burthens of defence upon the Colonists themselves, and largely reduce tho taxes paid by the people of England. But while difiering as to the larger policy whether tho Confederacy should form new relations, or continue a dependency of the Crown, both parties agreed in this : that the Provinces, when united, would assume a large share of tho taxation hitherto chargeable upon the Imperial exchequer. This view, how- ever sound, is not shared by the ])ooplo of the Provinces. On the contrary, the scheme of Confederation has been urged by its advocates as tho only means by wi)ieh large sums of money could be borrowed in thij country, under the guarantee of the Imperial Government. Confederation in Canada means tho loan of immense sums of British capital for tho purpose of digging new canals and enlarging old ones, for the purchase of lands, opening up new territories for settlement, during the expenditure of which everybody expects to make himself rich and independent. It I L>a mcatiH al8o now mnrkcta for lior ninmif:u'tiirc.-(, and control over the logisliition, I lie taxation and tlio rovonues, of tlio Ma- ritime Provinces. The New Brunswickcrs were promised tlio Inter-Colonial Kail way, the expenditure of three millions of poundH Hterliiig, and the opening up of the waste landa of tho Province. They were also promised tho markcta of Canada and tho other Provinces for tlieir manufactures, but never a word was said about tho Confederacy assuming tho burthen of their own defences, and relieving tho tax-payers of this country. On tho contrary, the assent of that Province was obtained upon tho oft ro])cated public i)ledges of Mr. Tilley, the leader of tho Government, that tho taxation of tho people would not bo increased, and that instead of receiving less, they would havo more money than at present for thoir local improvements. A similar line of argument was pursued in Nova Scotia. A " Union Manifesto" was issued early in tho winter of 18G5, under tho auspices of Mr. Tupper and his co-delegates, in whicli, after contrasting the Tarifts of Canada and Nova Scotia, it is said — " If tho project of a Union of tho Provinces were rejected in Nova Scotia, and with it tho terms for securing an Inter- Colonial Eailway, we see no prospect of its ever being constructed." And speculating upon tho a^Ivantages of Union with Canada, tho writer holds out the idea that low as tho taxation then was (estimated at $2"60 a head), it would soon be reduced even below that amount, when the Provinces were confederated. And Mr. Archibald, the then leader of tho Op- position in the Assembly, now a co-delegate of Mr. Tupper, at a large public meeting held at Halifax in December 18G4, in expounding the financial aspects of Confederation, remarked that $1,000,000, 26200,000 sterling, would be considered " a fair discharge of our duty to England" for " Military Defences," and went on to say, that the taxation would only bo increased from $2"60 to ^3 per capita, which would secure, besides tho Inter- Colonial Eailway, a Railway to Pictou, another to An- napolis, and also free trade in manufactures with the neigh- bouring Provinces. And then he triumphantly asked, "Is 24 iM there a man in this entire audience who will stand up and say that he i« not willing to have these advantages in return for a tax of 40 cents a head." I have now, my Lord, made it abundantly clear that the views entertained in England and in the Provinces are dia- metrically opposed to each other — that while the people of this country expect to be relieved of a largo amount of taxation when the Provinces are confederated, the Eesolutions autho- rizing the present Delegation have been carried in the several Colonial Legislatures upon the expressed understanding that the local expenditure for defence shall not exceed ^1,000,000 a year, that the Imperial Government will provide the rest, and assist besides in borrowing such sums of money as may be demanded for building railways, digging canals, and pur- chasing large tracts of territory. The Parliament and people of England may do this, but let them do it with their eyes open, and with a full knowledge of the influences at work on the other side of the water. There arc i:ome other points which should be clearly under- stood. ^Confederation, it is said, is necessary if not indispen- sable to uniformity of fiscal and trade relations in the Pro- vinces. This is a mistake. All the alleged advantages of Confederation may be easily obtained without depriving the Maritime Provinces of their rights of self-government and the privileges they now enjoy. The average of the tariffd, upon the authority of Mr. Gait, at the close of 1864, was, Canada 20 per cent., Nova Scotia 10, New Brunswick 15^, New- foundland 11, and Prince Edward Island 10 per cent. Canada has since reduced her ad valorem duties to 15 per cent, but those of the other Provinces remain the same. It is evidently unjust to the manufacturers of this country that even a duty of 10 per cent, should be enforced upon the products of their industry, but, assuming that that amount is required for revenue purposes, there would be no difficulty in assimilating the tariffs, were Canada and New Brunswick only willing to feciuce their imposts upon British goods. It does not require 25 Confederation to do this, and the only chance of its ever being done is to leave the Provinces as they are. With a Canadian majority controlling the legislation of all Brilish America it is evident that the tariff, instead of coming down to the Maritime level, must very soon go up to the standard which may bo adopted by the manufacturers and protectionists of Canada. Then it is said that the Provinces cannot have free trade with each, other unless they confederate. This, too, is a delusion. The Provinces at this moment have the most perfect free trade with each other, in all the products of the soil, the sea, the forest, and the mine, in every thing but manufactured goods, which require skilled labour, and upon which they charge the same duties as are levied upon the manufactures of this country. These staples, which the Mother Country has not got to send, it is fair thus to exchange — but is it fair to ex- change manufactures in the same way-— to discriminate, in favour of the Canadian manufacturer and against the English by a duty even of 15 per cent. ? And if this is done, surely, my Lord, nobody out of Bedlam can believe that the Parlia- ment of England will consent to vote money to build rail- roads through the country that thus discriminates against British industry, and to defend it in war, as if it were an integral portion of the Empire. A uniform system of Letter, Book and Parcel Postage, prevails in all the Provinces now. There is, however, this difference between them: — Canada imposes a duty upon Newspapers, which are untaxed in the Maritime Provinces, the feeling of the latter being to afford the people the means of information at the least possible cost, and not to look to the Post-office as a source of revenue. But it surely does not require a costly and cumbrous system of Administration, with the addition of two more Governments to the five already in existence, +^o bring about any of the changes referred to, including an assimilation of the Cur- rencies, which might bo arranged in a week by the Financial Secretaries of the several Provinces, if Canada would only 26 approach the subject in a spirit of compromise and fair play. Then we arc told that the Provinces cannot successfully defeud themselves unless thcv confederate. This, too, is a mistake. Ikiglish Militar}* authorities are divided in opinion as to whether Canada can be defended at all, and those who take the most favourable view of the subject only assume that an enemy, from the American side, can be kept in check by the Colonial Militia, with the aid of British troops stationed in Canada, and the expenditure of a large amount of money in fortifications and entrenched camps, until the arrival of reinforcements from England. The Americans, on the other hand, ridicule the idea of her being successfully defended. But be that as it may, it does not very clearly appear that the Provinces, in whole or in part, would be more invulnerable if Confederated than they are now. Union is not always strength, and so I fear it will turn out if the Provinces are politically united. Union would be strength for defensive purposes if it brought more men, which are the material of war — it would be strength if it brought more money, which is the sinew of war ; but when the length of frontier is largely increased, without adding either to the number of men, or to the amount of money, it would appear that union is only another name for weakness. The case is very well put in a volume, the pro- duction of two Military gentlemen,* who have travelled through the Provinces, and are familiar with their geographical position. " The Lower Provinces see in Confederation an incorporation of their easily defensible selves with a vast conglomeration of pro- vinces occupying, taken as a whole, the most unfavourable geogra- phical position in the world. The inhabitants of New Brunswick, Nova Scotia, and Prince Edward's Island may with reason thin^ twice before sanctioning the removal of their Government and Legislature to a country which, as many English writers have * The Confederation of British North America, by E. C. Bolton, and H. H. Webber, Eoyal Artillery. Chapman and Hall, 193, Piccadilly, 1866. 27 demonstrated, is totally incapable of self-defence. Tliey are justi- fied in saying, we would rather remain small but secure, than become part and parcel of a Confederatiou, whose largest portion must be noted for its insecurity. There is no idle jealousy in this feeling. It is totally apart from any reflections on the political character of Canadians. It is simply a geographical consideration, and, since it is difficult to overcome geography, is one deserving of every attention. Canada is so situated, that an invasion of her shores would doubtless be supported by every prospect of success. Equally certain is it, that the inhabitants of Prince Edward's Is- land and Nova Scotia have never given to the fear of invasion a moment's thought. It may be selfish of these provinces to value the security afibrded by their geographical position. It might be nobler, were there any cause for so doing, to throw in their lot with their Canadian cousins. As there is no necessity for this, however, since 3,000,000 Canadians would not be materially strengthened by an additional population of 600,000 men and a largely-increased frontier, the selfishness of the Lower Provinces is by no means clearly proved. Were it possible to imagine ourselves in a similar position, how should we act ? Were it proposed that England should enter into an alliance, offensive and defensive, with a nation whose situation rendered all hope of resisting invasion vain ; were we asked to make her seat of Government ours — to move our Legislature to an insecure spot within her borders — to exchange London for a city which, in the event of war, could not pretend to security, and which our whole available force could not make secure from occupation by the enemy — should we not scout the notion as ridiculous, whatever advantages, commercial or financial, might be offered in exchange ? Yet those who are most ready to admit the impossibility of a succesful resistance to invasion on the part of Canada, are most earnest for a Confederation of the provinces which, for an increase of military power to Canada, is useless. Geography would forbid mutual aid from one province to the other. The troops of the Lower Provinces could never assist Canada, and in time of invasion it were impossible for Canadians to protect the Lower Provinces. It were idle to imagine that Nova Scotia and New Brunswick coidd afford troops for the defence of Toronto, were that town attacked. Apart from the improbability of that city ever being reached, their services would be required at home. Were the proposed general Government at Ottawa to pass an Act mobi- 28 11 lising the militia of New Brunswick, and order a portion of it to undergo the dangers of march along the Canadian frontier, that Hamilton or even Montreal might be reinforced, would not a refu- sal of iLc New Brunswickers to exchange a strong position around their homes for a weak one in a distant land be justified both by patriotism and common sense ? Again, it is very doubtful whether in times of peace the militia organization of the Lower Provinces would be improved by the removal of head-quarters to Ottawa. For all practical purposes the various provincial militias are at present as much under the control of the Commander-in-Chief of British North America as they possibly could be. The advantages to ac- crue from the auministration of detail in these corps by offices removed from them 800 or 1000 miles is not apparent. Since it is an open question whether a British army of 100,000 men could protect the Canadian frontier, it is evident that when with all our power we might expect to fail, the Lower Provinces can hardly be expected to succeed. " Union is not always strength. Our union with Canada is not a source of strength to us, and we are aware that such is the case. Yet Canada is, virtually, as far from the Lower Provinces as from England. It is not the Atlantic Ocean which renders Canada an untenable position for British troops. The frozen gulf, the wilder- ness between New Brunswick and Canada, and the vastness and length of the Cano dian frontier are the real sources of her weakness and that of those provinces to which she is attached. " No people was ever so unfortunately situated as regards defence as are the Canadians. No country except Canada is one-sided. She has a front but no back. Her population does not extend in many parts further into the interior than is covered by red taint on the map. Beyond this there is nothing — nc sea, no land fit for flettle- ment — nothing to show that in process of time an increase of popu- lation can be expected. The small existing stream of emigration flows westwards. The further we go west the thinner we find is the population. " The strength of British North America is that of a fishing-rod. A serviceable policeman's baton could be made from the butt end, whilst the further we reach towards the point weaker and weaker docs it become. The further westward we go, the weaker becomes the defensive power of our North American possessions. The Lower Provinces are the butt end of the rod. Quebec may repre- 20 sent tlio first joint, Montreal tlie second, and Niagara the third. The point at this moment rests at "Windsor, opposite Detroit, and is easily to be discerned by the map, pressing directly against the populous state of Michigan. Here the Canadian railways end. Those of the United States extend westward and north-westwp.rd of Windsor for 700 or 800 miles. To carry out this simile a little further : Apart from all danger of a fracture by a force applied to its centre, the fishing-rod has pressing upon its point a very strong resisting power, lying west and north-west. In plain words, over and above all danger of lateral invasion from the States lying south, the Canadian flank is liable to be turned, or, to speak more correctly, its western point broken by the crushing American power which overhangs and surrounds the westernmost settled districts. " A fujther increase of frontier only makes matters worse. The addition of the Hudson's Pay territory renders Canada, if possible, weaker than before. The United States have already got 700 or 800 miles start of her, an advantage which it is impossible for Ca- nada to overcome. However far westward Canadian settlements may extend, those of th.^ States must always extend hundreds of miles further in the same direction. Thus, however thickly settled the Canadian frontier may become, its flank can always be turned by the railways and civilisation overlapping its most western parts." The British North American Provinces, for purposes of defence, are Confederated now, the Imperial Government being the central authority, and armed with power to con- , centrate the Militia upon any point which the Commander- in-Chief, with the assent of the local Governments, may select. But even without that authority the Provinces, in their present separate condition, would, if the necessity arose, volun- teer and make common cause with each other, as Nova Scotia did, when New Brunswick was threatened with invasion by the State of Maine ; and we have yet to learn that aid will be tendered as cheerfully should the Maritime Provinces be coerced into a union so repugnant to their feelings, so fatal to their interests. The late Duke of Newcastle, who peruonally visited the Provinces, and knew them intimately and well, thus l!l' 30 II recorded his opinion, — that political union was not necessary to command mutual aid and co-operation were any of tho Colonies attacked. At the close of a very able despatch to Lord Monck, in August, 1862, upon the defences of Canada, His Grace remarks : — " The political union of the North American Colonies has often been discussed. The merits of the measure, and the difficulties in the way of its accomplish- ment, have been well considered ; but none of the objections which oppose it seem to impede a union for defence." It is quite right, my Lord, that the British North American Provinces, one and all, should contribute a reasonable amount towards the defence of the Empire, consistent with their growth and development, as young and comparatively poor communities, sparsely populated. Nor must it for a moment be supposed, that those who oppose Confederation are actuated by any narrow or sordid desire to escape from the payment of a claim, w^hich they all feel to be due to the people of this country. On the contrary, Nova Scotians would consider it a matter of pride to contribute pound for pound wdth C'^/'iadians to uphold the national flag, and maintain the integrity of the Empire. And what is more, they have yet to learn that their ability would be increased by annexation to a Colony of more than doubtful credit, whose public me a have been noted for waste and ex- travagance, and whose bonds are quoted, day after day, upon the Stock Exchange, at 6 per cent below those of their own Province. Then we are told that the Inter-Colonial Eailway, which is represented as if it were a boon only to +he Maritime Provinces, cannot be had unless they confederate with Canada. The Duke of Newcastle, when he promised to furnish the money, affixed no such condition to the grant. The proportions each Province was to pay were arranged at Quebec in September, 1862 ; the conditions on which the Imperial Government offered the guarantee were accepted by Mr. Howe and Mr. Tilley at the close of that year, and the v; ill 81 Railway would now huve been built if the Canadian Delegates had not refused to provide a sinking fund for the repayment of their portion of the loan. The Railway, however much it may be desired by Nova Scotia and New Brunswick, is not necessary to their existence. They are hounded by the open sea, and have access to every part of the globe at all seasons of the year. The case is very different with Canada. With her ports closed by ice for five months, she is cut off from all communication with the outer world, with which she has communication only, during all that time, turough a foreign territory. It is clear, then, that Canada is in the condition of the owner of a valuable estate living beside an uncertain and not very reliable neighbour, who at certain seasons of the year may confine him within the limits of his own domain, neither permitting him to buy or sell where he likes, or even to visit his distant friends. The Railway, then, which would enable the Canadian to escape from this state of thraldom, is a measure of prime necessity, indispensable to his security, his dignity, and independence. This was frankly admitted, in the session of 1865, by prominent members of the Canadian Parliament. Colonel Haultaiu, supporter of the Government, said : — " We must have that (the Railroad), and pay for it whether we have political union or not. It was needed for commercial, social, and defensive purposes." Mr. Rose, also a supporter of the Ministry , who sits for Montreal, said ; — " We were now almost commercially dependent on the United States, and were dependent for access to the ocean on them. * * * * " The Railway would cost a good deal of money, but it was one of the unfortunate incidents of our position and a necessity for us." With these and similar opinions from the late Premier, Sir E. P. Tache, and Hon. Mr. Cartier, upon record, Mr. Tupper's statement at page 21 is hardly consistent with the fact, when 32 ho says that tho Intor-Colonial Railway " can only be obtained by union." The construction of the Railway was not made conditional upon a union of tho Provinces when the Minute of Council was signed at Quebec by the Delegates in September, 18G1j. On the contrary, the question of Colonial Union, which was before the Convention, was dismissed as imprac-. ticable, before the agreement to build the road was signed. Now wo are told that Canada " seeks, in Confederation, the means of obtaining access by railway to the ocean." If by " means" is meant the money which is to be extracted from the Maritime Provinces, the word is significant and appropriate. Viewed in any other sense it is puerile, if not something worse. Canada may, at this moment, if she can command the capital, obtain access to the ocean. New Brunswick and Nova Scotia are not foreign territories. They are, like herself, British Provinces, inhabited by people who would not only freely give the right of way, but aid her with their funds, if she would only build the railroad, and all the more cheerfully if they were not perplexed with this precious scheme of Confederation. Mr. Tupper, knowing that an overwhelming majority of his own countrymen are opposed to his policy, is very anxious to escape from the consequence of an appeal to the electors of Nova Scotia, and throw the responsibility of passing an ob- noxious measure, outraging the feelings of the people, upon the Parliament and the Government of this country. He may succeed in doing it, but I have my doubts. Let us see how the case stands. Mr. Tupper boasts that a large majority of the Nova Scotia Legislature passed a resolution authorizing the appointment of Delegates to arrange with the Imperial Government " a scheme of union w^hich will ensure just provision for the rights and interests of this Province;" but he has omitted to state that petitions have since been signed by nearly if not quite two-thirds of the adult male population of the Province, praying that the Imperial Parliament " will defer all action in favour of Confederation, " until the people of Nova Scotia shall have exercised and 88 " Oiijoyocl their lonstitutional privilege to express their opiuiuiisi " at the polls," The Nova Scotians, my Lord, do not object to the Delegates arranging with the Imperial Authorities any scheme of Government consistent with their rights and in- terests, provided that whatever measure is agreed on is sent back for the ratification of the Legislature and the people of the Province. This they claim as their inalienable right, a right guaranteed by the Constitution, and which they do not believe the Parliament of this country will rashly take away from one of the most loyal and prosperous Colonies of the Crown. There is another view of this case to which Mr. Tupper has not ventured to refer. He has omitted to inform your Lord- ship that while Canada has legislated upon the Quebec scheme and adopted the resolutions passed at the Convention without the alteration of a single word, the resolution, under which he and his colleagues claim to represent Nova Scotia, was passed by the Assembly upon a distinct pledge given by Mr. Tupper himself that the Quebec scheme would be abandoned. The very gentleman who invited, and subsequently supported the resolution, so triumphantly referred to, declared that that scheme, " in some of its most important features," was " unjust to the people of the Maritime Provinces," and that the object of his movement was "to defeat the Quebec scheme." To which the Provincial Secretary replied, on behalf of the Government, that he met, "in all frankness the proposal" of the Hon. Member, and continued: — "We feel that diffi- culties have arisen in connection with the Quebec scheme, which require such an arrangement as has been proposed, in order to remove the objections that exist." It is clear, then, that the powers of the Nova Scotian Delegates are limited, and that they cannot, without breach of faith to their own Legislature, accept the Quebec ocheme, which has been denounced as "unjust, in some of its most important features." The Canadian Government and Legislature, upon the other hand, have not left us in doubt what 'hey intend to do. That the Quebec scheme is to be ri,";idly ad- c 31 H A hored to, is apparent from the following extract from tiio official report of a Confederation debate in the Ottawa Parlia- ment, on the 27th July last, several days after ]Mr. Tupper and his train left Nova Scotia upon their present mission: — " Hon. Mr. Holton assumed that delegates from Canada woidd go to England to meet delegates from other Provinces to 8ui)erin- tend the passage of the Imperial measure. He wanted then to know if our delegates would adhere strictly to the Quebec scheme, or if they would consent to any modifications. " Hon. Mr. Brown said we hud passed the Quebec scheme, and must abide by it. ** Atty.-Gen. MacDonald replied, that the provisions of the Quebec scheme, having received the sanction of ooth Canadian and Imperial Legislatures, it would bo adhered to as it stood. JVo cJiange toas contemplated by us. " Hon. Mr. Cauchon did not see any difficulty in the direction indicated by the members for Chateaguay and Cornwall. Of course, it must he understood that the Quebec resolutions ivould not be changed. "Mr. Eankin saw no good in discussions such as this, seeing that the people of Canada, by a majority of its representatives, had already decided in favour of the Quebec scheme, and the Lower Provinces were committed to union. Thus the delegates can do nothing elsu in England but urge the Quebec scheme, and were only authorized to do that. They were not like members of Parlia- ment with a general power, but delegates with a special limited authority." The Canadian Delegates, it is said, will be here in a few days, to take part in the Confederation conference, and no small amount of curiosity is excited as to the mode by which the differences of opinion, entertained by the Maritime and Canadian Legislatures, are to be reconciled. Mr. Tupper dare not accept the Quebec scheme, and the Canadians, without exceeding their powers, cannot accept any other. The Con- ference may possibly residt in a compromise, but, whatever the result, the policy and duty of the Government of this country 35 is clear— to send tho mea.suro back to the aevoral CoIoukjs, with instruct ions to tho Governor- General, and Lieutenant- Governors, to Hubinit it for the approval of tlieir rcftpective Parliaments and people. A rapid rrlance over tho iliirly ])ager of extracts which Mr. Tui)])er has strung toi;ether, will illustrate the value of tho whole collection, lie quotes three lines from a note, to shew that Judge Howell proposed some scheme of Union in 1811, which the Duke of Kent approved. But will ho tell us why the scheme was thrown into a pigeon-hole and forgotten for half- a- century ? Simply because the Queen's father, though, us a gentleman bound to write a civil reply to a Judge, who had sent His Eoyal Highness a long paper, had no fancy for forming Confederacies, which must be Republics and nothing else. Assuming, however, that the Duke of Kent would, if alive now, favour the policy ; the questions for Mr. Tupper to answer, before the people of England, are, would His Royal Highness attempt to break up the Empire, to form out of the fragments of his daughter's sovereignty a new nation, and would he, or Judge Sewell either, attempt to coerce the people of the Provinces into such an experiment, without the law by Avhich their Institutions were to be changed and their future moulded, having been submitted for their acceptance or rejection ? The long extract from the Earl of Durham's report, may be disposed of with as much ease. The whole aim and object of the Earl of Durham, after a deliberate survey of the condition of the Colonies, was to confer self-government upon them all. Lord Durham favoured a " comprehensive union," — if it could be arranged, but what did he say ? "I know of but one difficulty in the way of such a union, and that arises from the disinclination which some of the Lower Provinces might feel to the transference of powers from their present Legisla- tures to that of the Union." Let us suppose that Lord Dur- liam were alive now, and could survey the Provinces all flourish- ing and prosperous under the system of self-government, which 1 1 ( i 1 ' : t \ 30 ^Tow out of liisi report. Would he brcuk it down Y Would ho iirbitrarily tranHlertho powers wisely exercised tor a quarter of a century, and tie the Provinces to<;other by a law whicli had never been reviewed by their Lefj;if latures, or accepted by their people ? What Mr. Tupper proposes to prove by quoting tlio opinions of the British American League, a rather miHcellaneous collec- tion of eccentric persons, who assembled at Toronto in IBID, it is difficult to discover, seeing that, in the very extract ho gives from their proceedings, they propose that the Con- federacy to be formed should have " a Secretary and Office in Downing Street," and that " the Members of the Legislative Council should bo elected ;" and although we are told that the second proposition was reconsidered, it is quite apparent that the Leaguers and the Quebec Convention were not quite in accord, and if they were, nobody knows better than Mr. Tupper that the proceedings of this Toronto gathering never produced any effect in the Maritime Provinces, but wore laughed at in them all. Mr. Tupper quotes two or three short passages from Mr. Howe's speech on the " Organization of the Empire," made in 1854, with the very disingenuous object of proving the very reverse of what the whole speech, taken together, does prove. That speech occupied four hours in the delivery, and was re- published in England in 1855. It contains a multitude of facts, skiifidly arranged, to illustrate the ^"^rritorial extent, industrial, commercial, social, financial and political condition of British America. Addressing himself to the enquiry which created the debate. What was to be the future of this great country ? Mr. Howe discussed with the most perfect frankness all the modes by which British America might achieve a higher status. We may join the United States, said he, but it would be an act of dishonour and a breach of allegiance to do this ; and besides, it would not be for our in- terest, because thirty millions of people can never offer us the same wide markets and elevated companionship that we now 1 37 derive from being aMsociuted with two hundred and thirty miliiouB, eomniunding pointa of vantage in every quarter of the globe. " We nmy," said the speaker, " form ourwelveH into a natio:* under a combined Legislative or Federal system, but if wo do we shall withdraw f/oin an Empire, peopled by hundreds of millions, and unite our fortunes with two and a half millioua of people, with an exposed frontier of fifteen hundred miles, and with no fleets and armies to protect our sea coast." Both these propositions — the formation of a " New Nation," and Annexation to the United States, were, after a deliberate review of the u'vantages and disadvantages, rejected by Mr. Howe in 1854 as emphatically as ho rejects them now. What did he propose ? Just what, after twelve years' reflection, ho proposes now, that the Provinces should seek a realization of all their aspirations in a more intimate and close connection with the Empire ; and by claiming for their youth distinctions not only provincial but imperial, in the naval, military and civil service of the Crown. Nobody knows this better than Mr. Tupper, and yet he quotes two or three brief extracts from a long speech, which your Lordship may never have read, in order to prove that Mr. Howe either did favour or might have favoured this Quebec scheme of Confederation, the principles of which were as completely repudiated in 1854 as they are in 1866. Mr. Tupper endeavours to shew, by two or three other extracts, that while Mr. Howe has often contended that the more distinguished men trained in the Colonies, should be drawn into the service of the Empire, ho is inconsistent in opposing that part of the Quebec scheme, which provides for the selec- tion of Governors for the Maritime Provinces. Mr. Howe, I have good reasons for knowing, thinks now, as he has ever thought, that Her Majesty's Government might find, in the outlying portions of the Empire, able Governors, and energetic men for counsel and for action in all departments of government, and that they would " do the State some service" if they were more frequently employed. But he has never con- 38 ^ I ' * r! teniplatecl that the power of selection aud appointment should be transferred from London to Ottawa ; from tlie Queen to some persons in Canada, who may appoint men that have not only won no distinction in the broad arenas of national competition, but who may have earned the contempt of the very Provinces they are sent to govern, by mean com- pliance and political subserviency. If honoured by his Sovereign with the government of one of her Colonies, Mr. Howe might regard the appointment as a distinction. If selected by some persons to whom it is proposed to transfer the patro- nage, he would probably ask to be excused. But, it is said, that Mr. Howe, on several occasions, has talked about British North America, some time or another, be- coming a nation, and Mr. Tupper asks, with an air of triumj)h, if he did not mean this, what did he mean ? The answer is very simple, that Mr. Howe has laboured, as few others have, to elevate and combine all the Provinces of British America, and might reasonably have looked forward to the time w^hen, preserving the Institutions they have, they would agree to create some central authority, with limited powers, for Inter- Colonial purposes. But it is quite clear that, in September, 1862, in common wuth all the Delegates at Quebec, he thought that even a discussion of the subject was premature ; and surely in 1866, in view of the military and naval power of the United States, with a good many new causes of irritation and compli- cation to '• give us pause," he can hardly be blamed if he wishes for some assurance of stability, before he begins to try new political experiments. Mr. Tupper thinks that wc should set public opinion in the United States at defiance, and carry out the national aspirations of the Quebec Convention at all hazards. Perhaps we should, were the honour of the Crown or the interests of the Empire involved in the matter ; but as nobody's interests are at stake, except those of a few persons who cgregiously mistook the temper aud feelings of the Provinces they represented, is it worth while, just when our neighbours are smarting with wrongs, real 39 or imaginary, and in no liumour to take a just and generous view of our proceedings, to increase the irritation and risks of war, by building up " fresh powers" beside them ? A mau may have the right to wear his red comforter, and a bull be an un- reasonable animal to object to it, but it may be wisdom at times for the mau to put the comforter in his pocket. Mr. Tupper is very valiant, but if war breaks out, he belongs to the non-com- bative portion of the army, and will only have to cut off the limbs that are shattered, while John Bull must pay the bill. I trust Her Majesty's Government will not be so unwise as to attempt to ignore the existence of a great people, or to offer them, at a very inappropriate season, needless offence. Mr. Tupper treats us to a dissertation on the power of Parliament, and furnishes extracts from Blackstone and May : but nobody denies the power of the Imperial Parliament to sweep away the Constitution of a Colony, should the preser- vation of th' national life or the great interests of Empire demand the sacrifice. In such a case, flagrant abuse, corrup- tion, or insubordination, must be shown ; or the existence of a high state necessity, in presence of which all ordinary safe- guards of existing institutions should give way. In this case, however, it is admitted that there has been no abuse or any other cause of forfeiture. Where is the state necessity ? It only exists in the heads of certain persons who manufactured a crude scheme of government two years ago, which nobody in Great Britain asked for, and which none of the Maritime Provinces would accept ; and w ho now desire the Imperial Par- liament to strain its high powers, and forfeit the respect of tlie civilized world, by an act of confiscation and coercion of the most arbitrary kind, for which there is neither precedent nor necessity. A word or two now as to the mode in which Mr. Tupper seeks to abuse the advantage, which a resolution of the Legislature of Nova Scotia for the moment gives him. Locke, in his great work on Government, says: •• The Legislative cannot transfer the power of making laws to 40 N any other hands. For it being only delegated power from the people, they who have it cannot pass it over to others. The people alone can appoint the form of the commonwealth, which is by con- stituting the Legislative and appointing in whose hands it shall be. And when the people have said we will submit to Eules and be governed by Laio, made by such men and in such forms, nobody else can say other men shall make Laws for them. Nor can the people be bound by any laws but such as are enacted by those whom they have chosen and authorized to make laws for them. The power of the Legislature, being derived from the people by positive voluntary grant and institution, can be no other than what positive grant conveyed, which being only to make laws— and not to make Legislators, the Legislative can have no power to transfer their authority of making laws and placing it in other hands." Now, will Mr. Tupper explain what right the Parliament of Nova Scotia had to transfer to him and five other gentlemen, the powers of Legislation during the recess, v^hich the three branches of the Legislature in session could only exercise ; and how, even the Parliament assembled, could, without the con- sent of the people, undertake to exceed their powers and " make Legislators" instead of laws, and " transfer the power of making laws to other hands." These are questions of great delicacy and importance, my Lord, and they lie at the foundation of our whole Colonial system. If a Resolution, passed by a chance majority, obtained by any means in a Colony, can invest half-a-dozen persons with authority to remodel or overthrow its constitution, let this new doctrine be clearly understood. Before it is pro- pounded, however, not only should the Law officers of the Crown be consulted, but we ought to be favoured with the opinions of the Constitutional Lawyers in both Houses of Parliament. "While Lord Monck and his Canadian advisers are bent upon forming a " new nation," Mr. Tupper and his friends from the Maritime Provinces evidently contemplate no such thing, or if they do are acting discreetly till the money part of the arrangement is secure. Now, my Lord, it appears to 41 me that this question should bo decided before we advance one step. Is this Confederacy, when formed, to be a Nation or a Colony ? and when that point has been decided, Her Majesty's Government will be in a condition to determine two or three questions that come next in order whatever be the decision. If the thing is still to be a Colony, what do we gain by sowing discontent where peace reigns, and by creating a great un- wieldy Confederacy, that no skill can govern wisely, and that will brook no restraint ? If it is to be a Nation, then we ought to be told frankly what our relations are to be to the Mother Country and to the rest of the world. "When these questions have been decided we shall be in a position to start fair and know exactly what we are about. Until they are, " shadows, clouds, and darkness" rest upon the horizon, and nobody can see his way clear. But Mr. Tupper is afraid that Nova Scotia will be nothing but a " Gibraltar for Great Britain," and reduced " to a posi- tion of isolation," if she is not dragged into this hopeful Confederacy. Let him be assured. While Nova Scotia is surrounded by the sea, with open harbours all the winter, with four thousand vessels lading and unlading in every sea- port in the world ; while her people are in full commercial, political, and social communion with hundreds of millions of British subjects in every part of the globe, to say nothing of the hundreds of millions of foreigners whose markets ^vill be open to them, while the diplomacy of England is successful and her fleets can command the ocean, Nova Scotia can never be isolated ; and as to which destiny her people prefer, the facts under my hand arc the best refutation of Mr. Tupper's assertions. One of the London papers, a few weeks ago, summed up all the petitions in favour of an extension of the franchise as about half a million, or one in sixty of the entire population of these Islands, and these were regarded as un- mistakeablc evidence of the popularity of the measure. Now when it can be shown that one in nine of the population of Nova Scotia have not only repudiated Mr. Tupper's policy, 42 but liavc actually signed petitions praying to be protected fi-om this scheme of Confederation, tlie value of such a demonstration will be readily understood. One in nine of tlic population would give more than three millions of signa- tures for this country, and I think I may venture to say that no such appeal as that has ever been made in the long course of its political history. I have the honor to be, Tour Lordsliip's most obedient, V'^ry humble Servant, WILLIAM ANNAND 25, Saville Row, G November, 1866 I ii