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Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'iilustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaTtra sur la dernidre image de cheque microfiche, selon le cas: le symbole — -^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent £tre fitmis d des taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est filmd A partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la m^thode. 1 1 12 3 12 3 4 5 6 3 i^"' FACTS AND REASONS A<1ArN8T HEW BRUNSWICK AKD NOVA SCOTIA CONFEDEBATDJd WITH CANADA. ACDUfidSHD V THE ELECTORS OF NEW BRUNSWICK. BY JUDGB MARSHAUk JICA.Y 1800. C( Sar is: iihe inc {he iDri fent jgei I in fwe 5ed ■^ he alt efi im Pi is lu Ah jtt ^pi . h. Q ai :V ll -I FACrrS AND REASONS AOAINBT CONFEDERATION WITH CANADA. I Every man who is invited or proposes to enter mto any partnership or agreement, naturally thinks of the adTantages and SiBadvantages it will involve or produce to himself. This is b^ tiie 6U«gestion of common prudence. The same is equally true i^d wise, as to political Unions of States and Provinces. On these all important points, therefore, an examination will here be briefly made, with reference to New Brunswuk and Nova Scotia entering into the proposed Union or Confederation with Canada. Tt is universally known that a scheme or plan for the purpose was framed at Quebec, about eighteen months ago, by certam .rentlemen, some of whom were not even duly authorized toapsist fn making it. Without referring to particulars which arc so well known, as to its being frequently disapproved of, and reject- Pd by these two Maritime Provinces it is proper to mention here that the same scheme, with possibly some few immaterxal alterations is the one which it is contemplated to carry .into effect, by other provincial delegations, 3000 miles away, and by immediate Imperial legislation, without anv reference to the Province3,as to approval or disapproval That the same schem* is proposed to be thus perfected, is manifest, from the late reso- lution of the Legislative Council of New. Brunswick, and from the statements of the leading advocates for the measure, durir^ the debates upon it, in the recent Session of the Nova Scotui parliament. The remarks and strictures, therefore, which wiE hero be offered, will be applied to that union scheme framed at ■ Quebec. All the material particulars of it, will be referred iio and commented on, in an orderly and intelligible manner, and 38 briefly- and pointedly as possible.. First, may be noticed, that there is to be a General Parliament, and a General Goverr ment for all the confederated Provinces ; and that these are to be > at Ottawa, as the Capital, about '800 miles or mpre, from. Nova Scotia, and about the same from many parts" of New Brunswick. In that Parliament, there are.tp be in theEou6§_of P.epj:eseijt4^ ' tives, 147 members' for Canada., apd .only .19 fpr Noya Scotia, ^nd to for New Brunswick ; and in the Council, 48 for Canada, and onl}^ 10 for Nova Scotia, an I 8 for New Bruniwiok. These vast disproportions as to numbers, will at once show the great 8U[)oriority and advantage which Cj.inada will have over these two Provinces, ii)'tlie makinjj oJ»ll'l;^ws, roguljitipns, and politi- cal and other affairs of every kind. The whole of the revenues of the Provinces, from every source and quarter, must he surrendered to the General Parlia-. ment and Gcrvernraent at Ottawa ; and that General Parliament is to have the right and power to make laws and regulations regarding all the following subjects and interests: — The public debts and property of every kind ; — Regulation of trade and com- merce; — imposition and regulation of Customs duties on all imports and exports, except on exports of timber and lumber of certain descriptions, and coal and other minerals ; — Imposition of excise duties; — raising money to any araount by any and all ether methods of taxation ; — Borrowing money to any amount on the public credit ; — The Post Office service ; — Lines of steam and other ships; — Railways, canals, and other works connecting the Provinces, or beyond the limits of any Province; — Steamers between federated Provinces and other countries; — Telegraph companies, and communication; — all such works in any Province as shall be thought for the public advantage ; — The Militia ; — Light houses, buoys, r>;.id beacons : — Shipping and navigation ; — Quarantine ; — Sea coast and inland fisheries ; — Coinage and currency; — Savings Banks; — Weights and measures; — -Bills of Exchange and promissory notes; — Interest; — Legal tender; — Bankruptcy and insolvency ; — Marriage and Divorce ; — Criminal law, and procedure in criminal cases ; — Rendenng uniform any or all of tne laws relative to property and civil rights, in all the Proviaces, except Lower Canada ; — Establishment of a Central Court of Appeal, for all the Provinces ; — (this will of course be at Ottawa) ; — Immigration ; — Agriculture ; — And generally as to all matters of a general character, not specially and exclusively reserved for the local legislatures and governments. Now, here is, truly, a most formidable and startling list, or catalogue, of relinquishments and sacrifiaa to be made by New Brunswick and Nova Scotia, to the great Ottawa, or Canadian Parliament and Government. It amounts, in fact, to a full sur- render of nearly all the righto, liberties, and interests, of the whole of the populations of the two Provinces. It is even further provided in the plan, that on all other subjects, over which jurisdiction belongs to both the general and the local Parlia- ments, the laws of the general Parliament may control, supersede. vo oppoeitioa. laws )f the lers. any J ' '.I Some comments may now be properly and userully made, on several of the most important of the foregoing relinquishment* ot r?hf3 and interests, required to be made bv New Brunswick and Nova Scotia ; and first, as to TAXATION. It has been authentically stated, and is admitted, that the average rate of dutits on imported articles in these two Pro- Tncep,'is JOtercent; but in Canada it is 20. Under Confede- ration it will be equalized, and owing to the admitted great an^ pressing "necessities of Canada," the rate for all, will be, at least, 20 and most probably 25, to provide for Canadian railways, canals, fortifications,— on borders of 1000 miles,— land militia, and ships of war on the lakes, and naval militia, or other force, to man them; with various other Canadian pablic services and objects. Suppose, then, the Confederate duties to bfa only the 20 per ccni, here is, at once, double the amount now paid in these two Provinces. This «1oubIt amount the merchants and traders will immediately put on thoir goods. They must do it. The farmer, tradesman, labourer, and all other r-urcha-sora, will therefore be obliged to pay that double duty in the increased prices of the dry goods, groceries, and other articles he purchases ; without, in most cases, being able to re-imburse himself, by increasing the prices of the articles in his own business, or the wag«3 of his labour. Suppose, then,.an average family of 5 persons, and that the taxation, now of 10 per cent^, is 2 dollars and 60 cents, on each head, yearly, as stated by the ^onfederationists, this will amount to 13 dollars; and at 20 per cent, it will be 26 dollars, just double to the man, the head of the family. If there are 8 in the family, the amonnt of duty, instead of 20 dollars 60 cents, will be 41 dollars and 20 cents. These are plrjn estimates which none can deny. The General Parliament can make this or any other increase of taxation, as it is to have the power of making laws, regarding revenue, and duties, and '-axes of every kind. It may, therefore, tax the head, the farm, the house, the ehop, the mill, the stock, the trade, and in every other mode. BORROWING MONEY. This may also be done by that Parliament and Government^ to any extent, and they will doubtless do it (as Canada ha* always been extravagantly doing), for canals, railways, fortifi- cations, war ships, and the other great purposes already mentioned; and these Provinces will, of course, be taxed and bound to pay, the same as Canada, the principal and intarest of such borrowed moniPS aUbnn^Ii nnf ronaivJn" l"" V>fvr./>«f f~^~a those Canadian works and improvements. regulation' of trade and commerce. Thi^ wili giro the General Parliament the right to prescril)e with what countries the several Provinces may have commercial intercourse; and on what terma, and under what regulations they may trade with each other, and with other countries, as to goods and marchandLse, duties, and on other points! It is impossible to foresee what numerous difficulties and dangers, to these Maritime Provinces, are involved in this- extensive and complicated subject. The most skilful merchants will be unable to comprehend or foresee its results, as to advantage or otherwise. This uncertainty should alone b« sufficient to restrain, not only merchants, but all others, except the mer.-ly speculative and reckless, from favouring this Confederation scheme, which would produce such a risk to these Maritime Provinces, as to . their prosperity, now so surely, and rapidly advancing. It would seem almost certain, that the measure would produce injurious consequences to commence, by the great increase of duties on mwrchandiae. STEAMERS, &C., AND RAILWAYS. , 'r According to the Confedertaion scheme, all lines of steamers and ottifv ships as a mode of conveyance between any of the portH of either of the Provinces, or between any one Province and another, and also to and from other countries, would be subject to the regulations and control of the General Parliament and Government at Ottawa. As to rail- ways, oue clause of the scheme provides, that "the General Government shall secure without delay, the completion of the inter- Colonial Railway." Another clause declares, that "the communications with the North "Western Territory; and the improvements required for the developement of the trade of the great West, with the seaboard, are regarded bv this Conference, as subjects of the highest importance to the Fed'erated Provinces; and shall be prosecuted at the earliest possible period, that the jtate of the finances will permit the Parliament to do so. As the Canadian government seems to be desirious of having the inter-colonial line completed, and New Brunswick and Nova Scotia are also willing for it, there need be no difficulty ; and by sach Province contributing its fair share of the expense, the ^ork may at once go on, and be accomplished, as well without Confederation, as with it. An arrangement for that purnoBe, was, a few years ago, made between the Provinces ; and the Canadian rulers for some cause or other, declined to abide by it. If Canada is t^o^ in such embarrassed circumstances, as not to b© able to provide the funds to pay her share of the work, surely that, of itself, is asufilcitintreiiaou, that these Maritime Provinces # should not enter into this proposed Union. There is no just claint upon J^im, to risk or destroy their own advancing proapcritv and all their beat interests with the delusive purposef or expec-' tation, of rescuing Canada from its tinancially embarraaaed condition, by theseTro-inces being more than doubly taxed t» assist towards doing it. These Provinces have railway and other debta enough of their own, which, with other needful objects will require all their revenues, and at the same time to keep "fll^N ;t^°^; ^"*%r«'yealso the communications witt the North -Western territory " ; and ' for the trade to the great «xfrin,« IT ^O'fP^e^eQd nearly Ju'o thousand miles to the extreme settleraenta of Hudson s Bay; and the still greater dis ance to the Pacific Ocean We see, '' they are to be prosecuted at the earliest possible period, that the state of the finances will permit the parliament to do so." These Lower Provinces have no interest whatever in these railways, or other communications rom S!;t "" - T^^ ^' ^T^^'-. ^^^"y ^° "°* ^•^^l^ir^ aoy articles from Hudson s Bay, or the regions on the Pacific. The few furs .hey want, they now can, and do get readily enough; and any supplies, quantities of them brought into Canada, would always be exportea from some of its own ports to Europe or other ffn'.Z The proofs already give^n of the extra^nce o? Canadian rulers m public works, and in other woys, should warn these Lower Provinces against this proposed union, which if effected, would inevitably bring upon th^ir present and fuiure generations enormous burdens of taxation, for those intended «7i^an^tc undertakings, from which none of them would derive any advantage whatever. Whatever benefit would accr . 3, would tnd V.^^'lf^r- ^^^''^^^^^ *^^«' y« °^«« °f New Brunswick and Nova Scotia, among the rest of the particulars of your humiliation and subjection, and the present and impending public ckim3onyouri)oc/;e^5; and then you will know how to value - the fine alk and writings directed to you, about a heritage for SdtiteTnatron.^'^ "^^"^'^^ ''''''''''' ^^^^^^^^^^^ ^^^^^^ POSTAL SERVICE. . Postages, at present, are considerably higher in Canada than in^%va Scotia and New Brunswick ; ^nd there can be no doubt, that in Confederation, the rates of postage would be increased still more, to assist in raising the much greater revenue which would be required. Moreover, no post office could be established, or postal appointment, or regulation St^% '!?''' ^7,9°"'^tie.s, towns, or Tillages, but accorditg ta the acts and regulations of the General Parliam^nf and Govern ment at Ottawa. ' " " " MARRIAGE AND DIVORCE. On these most important subjects, the Parlitmont ai Ottawa would Lave the richt and power to make laws and regulations; and they might be contrary to thote which aro now in force in these lower provinces, and snoh aa would encroach on the present rights and privileges of the eoveral rehgious denominations. The Canadian laws on these subject* probably, are different from those in these Provinces, and may be unsuitable to their populations ; and yet they could be imposed upon them ; for like duties, taxation, and other matters, there i« !• be uniformity. PROPERTY AND CIVIL RIGHTS. Regarding these two most vital and important sub- jects, as It 18 provided in the Union scheme that there is to heuntformxty, the General Parliament would have the power to make laws and regulations concerning them, conformably to those of Canada, and in disagreement with those now in force in Nova Scotia and New Brunswick ; altering the nature of titles the modes and forms of conveying property, and of deeds and ^g^f^^^ents, transferring, or otherwise concerning it. Most probably, as a source of revenue, atampa and stamp duties would be required on all such documents, and the enrolment or regis- tration of them. The term "Civil Right*," has a very wide meaning; and under it, the Parliament migh* make laws, altering And limiting those rights now possessed by the people of these lower Provinces; and regarding qualifications for holding ©flices, or seats in the Legislature, roting at elections, and on various other points of civil right or privilege. • • AGRICULTURE AND IMMIGRATION. As to the great leading interest of agriculture, it may merely be remarked, that the General Parliament might make such regulations as to bounties, stock, and on certain other pomt3 as would be suitable to Canada, and give it an advantage over these lower provinces. Regarding immigration, also, under union, if measures were at any time planned and adopted by the ".^y^*^ public despatches, has consUtT tionally, and as its duty required, left the prooosal to tb« ^hefad'lmfn^f^^^ °^ *^^ IVo'vTes through conl?fn;f ! . T '^'"''°"- ^"1^^^^ ^^« ^««° ^°n« without any lialmeL^oT^^ withholding from the Provinces in^asSn "^1^^°^°^ f^fff e> J^ either event, in case of war and X/i ; fv *° '''^^* ^^' ^'^^ ^a^*^ ^y some of the plar ners - nd plotters ior the measure, about laving the foundation for a areat natxovMhty at some future perio'd ; and regarding an enlS ?nn?'fi^ ?^n '."'^' "'°,^'^^' '^^^ ^ff'^sions of pride, vanity and folly that they do not deserve any serious answer, but may con temptuously be set aside. It is asserted that the leading minds of ttb ?l'' "'' ? ^'''' °^ '^- So much nonsense has \I'n put IblZnf" ^'"P^^^^nt of theoe cant phrases, of leading midl -able statesmen-Jirstminds, s^nd other high pounding terms that It IB rather a trial of patience, to hear tlieir frequent repe' wL. r'-''''°^?^^'''S^^^^'^^^^»'^b° are bo^asted oTas such conclusive authorities on this subject ? Much the larler ZiZl ''^" 't"f '' r}'^^^^' professiot some of vhfm disinJ^n; 7 ''1'"'. candidates for personal 'promotion and these .d"^;t2"' ^''"^ '' other, .and having, naturally enough, of them t ^f^ r rf''^'^' °,' Ff P^cti^^ view ; and' but few ot them, It may well be conducted, are even ordinarily read or I acquainted regarding political science, generally, but tspecially that very broad portion of it relating to the Union of States or countries, and dissimilar populations True, there are a few in another learned profession, who have lately come into the politi- cal field, and are trying in their own way, to Jearn to be states- men, but whatever they may be hereafter, they are, aa yet, but apprentieu, or rovigh journeymen in the science. But lastly, it is urged tbat the religious press favours it. Now, first, there is here something of a misnrner as to such a press, for it is, in general, much more merely teeular than religious. It giy. s the current political and other news, at home and abroad, notices of what parliaments and governments are doing, arrivals and departures of vessels and passengers, infor- mation as to trade and fisheries, movements of troops and navies city affairs, tariffs of duties, state of markets, and various other miscellaneous matters ; with advertisements of th«! sale of fancy and fashionable goods, hoop skirts, boots and shoes, dnigs and chemicals, houses and estates, and other particulars too numer- ous to mention. A few days ago, the writer took up one of these papers, in a large denomination, and ascertained that only a \\ii\Q QVQv two o{ \\a eight pages had religious intelligence; the others were filled with such secular matters as have been described. It is perfectly known that there are great differences of opinion on this subject of Union among the members of all the denominations. The opinion, therefore, given in each of those papers, is merely that of the individual editor. But here is one thing regarding this religious press, in Nova Scotia, at least, which seems rather strange and inconsistent, that in all its sayings concerning this Union measure, there is not a word, as to any advantage it will produce to religion, either as to its extension, or increased influence, or in any other way. This does seem rather extraordinary. All its favourable notices of the measure, seem to point merely to prosperity, and grandeur of material or worldly and pol'tical descriptions. The conductors of this press are professedly men of peace, and advisers of good will and harmony among mankind ; and yet they are fonnd favoring the measure and schemes of thoss who have thrown into agitation and turmoil countries peaceably advancing in pros- perity, and involved these populations throughout 'n divisions and contentions, and produceed alienations, political and social, and probably in some family circles also. In concluding these remarks, the writer challenges the conductors of this so-called religious press, for any one of them to meet him in any convenient public hall, in open diL,cussion, and he will show that it is not the will of Heaven, in general, that different nations or people should be combined or included under one political dominion ; but that on the contrary, it is the Divine Will, that each nation apd people should possess its own dvvl constitution, laws, anii regulations, free of the dominion, or coercive influence of any other political power. Indrawing'to ft conclusion, the writer must oa behalf of his native land, express .his regret that it has boon denied the right and advantage which ^ew Brunswick haa enjoyed on this Union subject. This latter Province is now having a second election of representatives with reference to it. As to ITova Scotia, majorities in each of the parliamentary houses, for reasons and under influences of which the writer is not aware, have authorized the appointment of delegates, for framing a final scheme, in a land 3000 miles away,' Without any reference, first or last, to the people, the vast major- ity of whom, seven eighths or even nine tenths, as credibly said, are averse to the proposad scheme, as shewn by numerous petitions agaiust it from every part of the Province, during the- two last Sessions of the Parliament, and but one as said in favour •; of it. Under these circumstances of unconstitutional and unjust treatment, the people of Nova Scotia appeal to the free and generous people of New Brunswick, that while regarding their own rights and interests, to consider tho^ie of Nova Scotia, in this matter so closely identified with their own, and so greatly endangered ; and as a common cause, at their elections now proceeding, return such faithful and steadfast men, as will by their parliamentary action, resist the proposed mode of complet- ing this Union by an irresponsible convention at the other side of the Atlantic, and thus preserve the present free constitutions of the two Provinces, with all their rights, privileges, and Advantages. THE END. >„