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I tT' BY A BACIvWOODSMAN. Flnid Coronftti' Montreal : JOHN LOVELL, PRINTER, ST. NICHOLAS STREET. 18G4. ■•.~**'«i,1'*<"v»**Uid 1^ fTi im-fititrf-l THE CROWN AND THE CONFEDERATION. THREE LETTERS TO THE HOK JOHN ALEXAXDER McDONALD, ^tta>:ttca (ficncval fov Htppcv (Canada. BY .11 A BACKWOODSMAN. !i Finla Coronal P isHontrtal : JOnX LOVELL, PRINTER, ST. XICHOLAS STREET. 1864. « I -31 yh The first and .second of tlie followino- Letters are reprinted with a few verbal alterations from the Montreal Gazette; the third appears in print lor the first time, in these pages. i TIIK (110 WN AND THE CONFEDERATION. LETTER I. Tlic TI Vt7er introiluces himself— State of opinion among hiit neighbors at Maplclon — Confusion of ideas as to the term Confederation— Monarchical Cuitfcilcntcivs, ancient and modern — Lord Baton's opinion that Monarchy (s f)unded in the Nulund Law — Mon-irchiral elements in British Jlmorican population — Jnahjf^is thereof : The French Canailian element — " Old Country" element — the descendants of U. E. LoyaUsls — T/ie Con- federacy ought to embrace " the three estates." Mapletox, C. E., Sept. 21th, 1864. Respected Sir, — In tlic ministorial explanations which you gave hast June, in your place in Parliament, as -to the occasion of that crisis, you were reported to have said that a settlement was to be sought for our constitutional perplexities, " hi the well iinderstood principles of Confederation.^^ You will, I am assured from all that is reported of your character, excuse a plain man, wholly out of politics himself (except in so far as every subject of the (^leen and spectator of event? may be said to be interested), for addressing you a few words of commentary on your own text. In justice to what may seem crude or impractical in my style or opinions, I may be permitted to introduce myself as one who has formerly had a good deal of commerce with the world ; which lay, however, more with the past generation than the present ; whose notions may therefore be open to the imputation of old-fash- I 1 6 io)}e>L I'lit who ]i;iH not, if lie knows lii.s own li(>nrt, lost anytliin^ of liis oai'Iy liatri'il of all o)ntrossion, or his early I'htliusiasiii for tlio liapiiiuoss and good governiiK'nt of all niiDiklnd. Ynii and yonr collcairnes propose to load ns jiolitically " to otlici' scenes and jiastiires new," l)ut, not, of course, without oiu" own assent. 'I'liat assent nnist, to serve your [lurpose, he the free act of a lar;j;e majority of the iidiahitants of Canada ; and it is of the •crounds on ^vhich such necessai'v assent can he honestly olitained, that I respectfully })resent to you the lunnlile views of one man. When I say of one man, I should add, however, that [ have canvassed these views with many of my worthy nei;:;hhors, in not the least important county in the Province, and have found them very generally ai)proved of in this (piarter. By "• the well understood princi})les of Confederation," my neighhors and I arc agreed that you must have meant a divi- sion of power hetwcen several local or minor governments, and one grand or supremo government. So far, the platform is broad enough to bear us all. The immense extent of British America as naturally calls for local superintendence in matters of detail, as its political circumstances call for one strong power in general, to oversee and harmonize all. No arm would, fierhaps, be executively long enough to reach from the capes of Newfoundland to the plains of Rupert's Land, not to speak of stretching its operations farther west- ward. Moreover, all the provinces now invited to unite have been for two or three generations accustomed to their own local governments. This universal custom has grown easy and natural to them ; it has begotten interests of locality, of office, and of class ; its modification to fit it into your ncAvly projected Union need not be a work of intrigue or violence, as other unions have too often been ; while its abolition would be, jicrhaps, impossible, even if it were at all desirable. This Tvo can all apc — nrnl already the — *^Mm ai m t0i iW Wa ^BfMiMWM i tO W '> 10 tlioir (l(>s('('Ti(l;ints, in a sin;:;lc .a;^G. The monarcliical principle lias not, T (l;ii-c ;illii-ni, ceased to I)c true for us, unless, indeed, vio ]\;\\r cciiscd to hcliiive in it, and are only " makhu/ believe^' (liiit we hflicvc. if such l»e the \uiainiounced secret of our hcai-ts, (lien, like all (»ther .shanif<, this also ought to be forth- with cxiilddcd. l!iit I ('(inrcsH, Sir, after fair opportunities for observation, pretty constantly employed for many years in British America, I am not convinced for one, that the virtues and sentiments ■\vlii<'h are essi'iitial to a monarchical people have dropped away from our ^vneval public character. I take the chief of those virtues and sentiments to be — a high sense of individual honor; a proper pride of origin ; a strong affection between memluM-s of the same family; local attachments ; a passion for order ; a reverence for law ; a religious respect for age ; a salutary awe of lawful authority ; an irrepressible indi- vidualism ; a tendency to classify ; a predisposition to obey. These traits of Ih'itish American character, I do not always fuul most marked in what are called with us Conservatives ; their opjioniMits, the Reformers, have perhaps as fair a pro- ]H>rtion of the common stock ; an observation Avhich consoles me with the belief, that our national character is still sub- stantially the same as that of our ancestors, and that therefore our natiomd institutions need not necessarily be otherwise than British. ^'or does my analysis exclude from its compass our French-speakiu;:; pojiulation. That population has never been tainteil, except on the very borders, with the bitter hifusions of modern deuioeracy. They were drawn off from Old France, like the pure waters intended to feed cities, at a point too remote for contact with the infidel sophists who attempted, towards the end ot' the last centurv, "to reconstruct societv," on the devil's old design, of a world without a God, In their religious dispositions, in their historic retrospections, hi their 11 strong local attachments, In their family government, in their general contentment with their born condition, they approve themselves a monarchical rather than a democratic people. They arc the leal descendants of those Normans and Bretons ■whose blood has entered so fully into our British reservoir. Their two centuries' habitation in the new world has not obli- terated the strong lines of character, Avhich we have but to turn to our own history, especially under the Plautagenet kings, to see illustrated at every page. We, Sir, should never forget that to a race almost exclusively of this origin, and language, Ave owe the Great Cliarter ; that to their coun- tryman, Simon de INIontfort, Ave owe borough representation ; and, moreover, to the unexpended Norman energy of the English ]5aronage Ave OAve the famous Statute of Edward I., de tallaijio nan conccdcndo. It is true their own privileges at those })eriods fortunately coincided Avitli the rights of the people, as settled in the more ancient charters of Edward the Confessor and King Alfred ; but it cannot be denied that either from policy or love of justice, or both, this race con- ciliated privilege and popularity, and gave a ncAv lease of lives (may it be " rencAvable forever ! ") to the British Constitution. While, I trust, I am not unmindful of that large and important commimity, Avhose language is French, still my associations better enable me to speak of the monarchical dispositions Avhich distinguish our English-speaking people. As to the* English, Scotch, and Irish, by birth or immediate parentage, they are all — especially the two last — a }»cople of pedigree and precedent. They are, in the best sense, Avhat they call themselves, " Old Countrymen." Europe contains their "home"; their home memories and home aftections are often there. Almost every man among them expects to re-visit, at some time or other, his father's land, or " his OAvn, his native land." Among men so minded there is no !ti i'i 12 humiliation in the thou<;ht, provided our local rights are re3})ectcd, of continuing, for ages to come, dependencies of the Enn)ire. They feel none of those petulant and ill- considered aspirations for a bran-neiv nationality, to which an Oxford Professor has lately appealed. If I understand them rightly, they would infinitely prefer, if it can be found mutually convenient, to remain in the Empire always, than by any wilful act of theirs to establish an upstart, costly, and precarious independence. And this denomination of people, be it observed, are nearer a third than a fourth of our whole population — a monarchictil element not to be underrated. It is not, certainly. Sir, among that other great section of us, whose speech is English, the descendants of" the United Em})irc Loyalists," that we are to apprehend the general prevalence of democratic dispositions. The Constitution to which their fathers clung with such desperate fidelity, for which they preferred exile to enjoyment, — the Constitution, to cling to which they fled into these northern wildernesses, and by which in the wilderness they were sheltered and fed, — that same Constitution, improved rather than decayed in this century, has now, for the first time in seventy years, a fair field open to it in North America. Will the descendants of those by Avhom alone of all the English colonists the mon- archical principle was cherished and u})held here, during the reign of George the Third, abandon that hope of their fathers, represented, as it now is, by ample colonial self-government, under the good Queen Victoria ? Will they, think you, write on their fathers' graves, to which they so often point with justifiable pride. Here lie the foolish adherents of an effete ^i/stem, and a false principle ? It Avas not from any affection for the despotic measures of a misguided Mniister that so many educated American colonists in the last quarter of the last century preferred the wilds of Upper Canada and New Brunswick, to their former 13 pleasant possessions on the Merrlmac, the Mohawk, and tho Susquehanna.* They were moved by no aboriginal instinct for gew-gaws or stipendiary sustenance. They were, many of them, men of uncommon strength of mind and superior education : nor is it any injustice to their descendants to say, that among them, questions of government, of the origin of power, of the obedience due to those in high places, were much more fully considered than they have been of late among ourselves. There were probably more men, to a thousand of them, who had read Burke and Mackintosh, Priestly and Paine, and even Locke, Hobbes, and Lord Bacon, than among an hundred thousand of us. "We have hardly yet crossed in the Canada of this day, the threshold of discussions, which they had pushed to their last results. A grave and God-fearing generation, they deliberately chose the side of monarchy for themselves and their descendants ; and I repeat, Sir, once again, I do not believe you Avill find many, if any, of those descendants arrayed on the other side. It would, indeed, be a strange and unnatural reverse, if democracy were to be imposed on us by the descendants of men, who at all hazards, had upheld monarchy in these infant Colonies ! There will be, no doubt. Sir, when you meet the represen- tatives of Acadia at Quebec next week, many who will cry out, " Oh ! these ideas are not of the present age !" " The people will not approve of this ! or of that ! or the other !" The duty of a statesman is surely to make the people a study, • The wealth and position of the colonists, who sacrificed their posses- sions in the Republican States, to adhere to the monarchy, may be esti- mated by the fact, that claims for the loss of property were allowed, by the Imperial Government, to 3000 heads of families, — the total of whose indemnity (apart from land grants) reached to about /en millions sterling! Molphus' Hist, of England, Vol. III., page 520. [So that the indemnity to the U. E. Loyalists equalled the sum subsequently granted for the extinction of slavery throughout all British America I] n 14 m not a scare-crow. As one of that people so often, and some- times so incorrectly, invoked, I dare assert that, in this quarter, we are prepared to give not only a fair but a cordial reception, to any constitutional Charter which may be agreed upon between the Provincial and Imperial authorities. We are well persuaded that neither will overstretch the reins of authority, and we are sanguine that neither will omit from the proposed new system, the power of regulation, and the guarantees of permanency. We repose, though not with shut eyes, all confidence in yourself, and the gentlemen acting with you, that you will not sacrifice the hopes of all these Provinces to the untested theories of superficial observers. Your coadjutor, Sir Etieune Tache, can give you many proofs in detail, why French-speaking Canadians prefer that the proposed union (their local institutions being religiously respected) should stand on a monarchical basis, and no other. The English-speaking people of Canada, Mr. McDonald, are not conscious of having ceased to be British at heart, and they look hopefully to you and your associates that you do not deprive them of a free government, moulded on the British model, embracing a fair, well-balanced repre- sentation of the three long tried estates, — the Crown, the Peerage, and the Commons. Of the methods by which this inheritance, with whatever unavoidable reductions, may be continued to us and our children, I will not presume to speak. But this much, I hope I may venture to say, without offence, that the gentlemen who are to assemble at Quebec, are understood to be, for the most part. Ministers of the Crown, from other Colonies, and invariably so on the part of Canada. This being so, it would be monstrous to suppose the interests of the Crown in this part of Her Majesty's pos- sessions could be sacrificed by those who have been sworn of Her Majesty's Councils. Formerly, it was found necessary to move in the British House of Commons, " that the power 16 of the Crown had increased, was increasing, and onglit to be diminished." With us, for many years, the exact converse is true — the power of the Crown has diminished, is diminish- ing, and, in my mhid, ouglit to be increased. For her Majesty's Colonial councillors to unite their talents and influ- ences to bring abont constitutional changes, regardless of their ' official responsil)ility as Mhiisters, is what I am certain, they ■will never be guilty of. llather, let us hope, they •will approach their mighty task in the Sjnrit of Lord ]]acon, who, in opening the disquisition on government already quoted, commences with — " butfivHt of the Klnijy A minister, argues Mr. Burke, in his " Thoughts on French Alfairs " [1791] ought not to be ambitious of the glory of a speculative writer. *' He is to support the interests of the public as connected ■with that of his master. He is his masters' trustee, advo- cate, attorney, and steward — and ho is not to bo hidulged in any speculation which contradicts that character, or even detracts from its efficacy." I dwxdl, Sir, on this point lastly, because in a recent pronunciamento alleged to be " semi- official," I read a great deal that was said — and very pro- perly said — about the rights and duties of the local and general legislatures, under the proposed Confederation, but scarce a word of the rights, pre-eminency, and prerogatives of the Crown. If ■\vc are to have a republic of any pattern, at least let us have it without disguise ; but if, on the con- trary, we are to acclimatize and cultivate the essentials of monarchy among us, surely that estate is the first, and not the last, thing to be thought of, in all your Conferences. I beg to subscribe myself, respected sir, with great defer- ence, your most obedient humble servant, A BACKWOODSMAN. :|; LETTER II. Reception of Letter first at Mnpleton — Political anulyfiig of Canadian Society continued— Episcopal ami electoral Churches — Wealth and Intel- lect — The Press — 2'Ac CUonial Militia — Recent defence writings of the Times anti-Monarchical in effect — Dues the 'Times speak for En^^land?— How to interest the crown and people of England in Colonial Union—' jS Crown Prince for the Confederation — J reduced Tariff— Constitu- tional defence due to the crown in, the proposed changes, Mapleton, Oct. ith, 1864. Respected Sir, — I am encom-agcd by the good opiuion wliicli my most intelligent friends have been [)leased to express of my first letter, to continue the subject, — which I hope you Tsill not find wearisome. It is barely possible that in this neigliborhood we may be pecidiarly su1)ject to the weakness of overrating ourselves. However this may be, my next neighbors, a ci-devant Seitjneur, the Parson at the village, and his alter cf/o, the Doctor, the Notary, and the Cure, — all courteous gentlemen and men of judgment, are united in approval of my late performance. It was first read aloud at a sort of club wo have, which assembles in the rear part of the Postmaster's warehouse, on the arrival of our mail, on Wednesdays and Saturdays. Subsequently the (jfazette, which contained it, made the tour of the Parish, and I believe it has now crossed the canonical boundary, and is holding on its course with unabated popularity, not less than twenty miles from this place. The political analysis of our Canadian Society in my last, was hardly so minute as might be wished. Neither do I pre- sume to touch on all that might be added, in the present epis- tle : but I give my contribution cheerfully, such as it is. B t^; I li 18 Tlio tn1)ulfir form Avill ."liow in outline wliiit T consider to he tlio ]n'inc'i[>al nionaivhicul iiml (kMnocnitical elements jit work among us, including those already described. Monarch iail. Democratkal. The French Canadians, generally. A small minority of French Cana- Tlie " Old Countrymen," generally. dians. Canadians of Hritish orifTjn, esjie- A small minority of the Old Coun- cially descendants of U. E. Loya- trymen. lists. A majority of Americans by birth A minority of Americans by birth, settled in Canada. settled in Canada. Extreme radicals, of British origin. The Church of Rome, generally. The Church of England, almost universally. The "Auld Kirk," largely. The Free Kirk, divided. The Militia. The learned Professions. People of Property, generally. The Press — in part. The Universities and Colleges. The di3senting,or electi veChurches, either in part, or for the most part. Persons of no Religion. The Press— in part. All those whose minds have been formed by the reading of Ameri- can publications. The I'imes newspaper (in its re- cent defence articles). I do not think you will consider enlargement on some of these particulars at all necessary. Of the first classification I have already said enough ; as to the next, or denominational analysis, I ask permission to explain. That the Episcopal and old-standing churches should have a predilection for monarchy is as natural, and as undoubted, as that the electoral churches should have a strong tendency towards democracy. When a man elects his guide for the next world, it seems natural enough he should desire to elect his governor for this one. Yet I must not be understood. Sir, as pronouncing the shadow of an opinion, favorable or un- favorable, on the elective principle, as applied to church government. All that I will say — and even that is somewhat superfluous — is, that the congregations organized on that basis. I 19 ' have as full and entire a ri;^lit so to govern themselves , as the K|tisc<»i)al ehinvhes have to their sy.-^tem. IJiit 1 have the honor to know many warm dissenters, who see, ([uite as clearly as any elunvhrnan can sec, the fallacy of carrying their Congregationalism into polities. They see that in exer- cising their electoral right in the one case they are choosing a pastor ^/'/r thomdveH onli/ ; Avhilo to insist on the choice of judges or governors, on that principle, and no other, w(»uldhe to impose their own consciences upon other men, — to place other men's lives, liherties, and pro[)erties at the disposal of authorities, chosen only on t/teh' j»rinciples ! The state is a mixed community, and must he governed hy comjn'omise, for the good of all ; the congregation is a sifted and select hody, which has every right to he " a law unto itself." This the majority, as I infer, of what may be called the Congregational churches, fully understand, and are (piite prepared to abide by in matters of state. In the third classification of our monarchical and anti- monarchical elements, I place the great bulk of the wealth and intelligence on our side. Both those sources of security may be described by the one word — property. One man's property may lie more open to tlio public eye tlian another's : a fine house, and grounds, and e([uipa;!;e are vangible signs of riches ; but the physician or the advocate, with liis large accumulations of knowledge and science, represents, in his own person, no inconsiderable degree of wealth. A six- hich shelf may produce for him as much as the landed pro- prietor can gather oft' his best acre. Both men arc naturally Conservatives, and, so to speak, aristocrats. Both look to peaceful times and settled governments, for the reward of their labors. Certain it is that some of the worst demagogues in history have been educated men, and (though more rarely) wealthy men. But these are, after all, the exceptions to the rule. On the other hand, it must be admitted that the If 11 20 aristocracy of mcro viil;iar wealth will ncvor loavon a (k'luitcratic societv ; '"it associated with, adonuxl ami in- spirod by, what Old IJfi'Hu/ once calloil " the Aristocracy of Talout," wealth may work wonders. If even the powerful poera.^u of England have hocii able to hold their own against the innovations of democracy during the last century, how much do they not owe to lon'l homincH like the Pitts, Burko, Canning, IVel, and D'Israeli ? Our Colonial men of pro- perty, if they are capable of learning by an English precedent, bearing directly on their own class, will endeavor, by all the social appliances they can command, to draw closely and cordially to them the men of talent of all the learned pro- fessions, and more especially the young men of most promise, as thoy emerge, class by class, from the halls of our Colleges. Talent rising from the ranks also, struggling with present poverty, a defective education, and a cruel want of leisure, ouglit to ))e tenderly and lovingly fostered. I should like to SCO the working-man, who gazes wistfully into the bookseller's window, attract the eye and excite the sympathy of the passing nillli'iii'iirc ; I slioiild like to sec the youthful poet, though the provincial })ublic may not yet have awaked to the beauty of his matin song, sitting of an evening an easy and honored guest in the study of the successful banker. Then we would all know that enterprise and imagination understood each other : that the two kinds of intellect, and the two descrip- tions of proi)crty, were combining, naturally and wisely, to give a high and refined, as Avell as a prudential and safe direction, to our growing communities. Of other intellectual forces, I class the newspaper press as d'nndt'd. Being a reader of but few papers, I speak on this head with great hesitation. In Lower Canada, I am told, all the most considerable journals are for the general federation, but on British as distinguished from American constitutional principles. The Toronto journals, >vhich I sometimes see, 21 an (his discussion advances, take the trouble of elaosifyim^ his own order into monarchists and democi-ats. For though I ilo nut admit that the ncwspa|)ers are an infallible index of public oj)inion, exeei)t at certain critical periods, when the public seize the trumpet and displace the editor — yet they are at all times ";/(' inilex of tliat o;tinion. ]»ve and bve we shall no doubt heal' an unmistakable expression of sentiment one way or othei" from eveiy press in the country. I have set down the Militia of British America as a monarchical force, and the D'dkn newspaper, in its recent defence articles, as a Democratic force. The very circum- stances that called our Militia into existence ; the ready alacrity of the volunteers ; the lar;ie sums (for us) voted unanimously for this service in Parliament, the well-known sentiments of the leadin*^ officers, all establish, beyond (ques- tion, the firm loyalty of the Militia. Yet, jnst at this moment — when Ave are doin.;^ much, and are ready to do more, comes the 'fillies, booming' weekly " warnings " at us, across the Atlantic. These warnings, in our ears, sound of late omi- nously like adieus ! " Take care of yourselves, for we can do nothing for you," is the })lain English of all the recent Times writings about Canadian defence. And this is what the absolute editor facetiously calls, " endeavorhig to arouse." It is certainly not very rousing to tell us we need expect nothing from England ; that we must count on no material aid for our defence above tide-Avater ; that Ave must stand or i4» HI ii 00 fall hy our own resources. This, in effect, is the tone of whoever " does Canoihi " for tlic Times ; this is the warn- in'>- staf^e-wliisper, addressed specially to us, but loud enough to 1)0 lioard and heeded hy all the rest of the world, — cer- tainly hy all the American part of it.* If this he not the national sentiment of England, is there no one left in Eng- land to disclaim it at once, and with emphasis ? It is higli time, Sir, "\ve should uni 23 proposed Union under the sway of a Crown Prineo, and to reduce, as much as possil)le, the taritFof the Confederation. As against the appointment of a Prince to the Vice-royalty of Britisli America, much, no dou])t, may be said. Such an appointment would, in some of its concomitants, be more difficult to deal >Yith than that of a subject, however dis- tinguished. Per contra, it is to be considered that such a selection would identify the Confederacy and the Empire more intimately than any othei" possible selection ; that he would surround the monarchical principle in the new Consti- tution, with a direct rather than a borrowed lustre ; that it would [)lace over us one who had nothing to gain or lose by the rise or fall of "Wliigs or Tories ; one who, as one of your col- leagues has said, " would not make the Province a stepping- stone " to the favor or pt.tronage of any Imperial party. Both views Avill have their adherents; I only speak here of the general opinion in and about Mapleton, Avliich is, I think, de- cidedly favorable to the experiment of a Prince of the blood.* How far the views and wishes of the English manufactu- rers can be met, by a reduction of the general tariff, it is not for a private person, like the writer, to pretend to say ; as on the subject of defence so on this topic of the tariff, all that Canadians can say is, that whatever can be done, ought to be done. " An if Hioere chne, Hicere well Hivere done, and done quickli/ P^ Prhna faeice the case seems a very hard one, that the English tax-payer should contribute to our * I am reminded by my neii^libor, the Seigneur, who lias just looked ill, tliat the Prince of wiioiu we liave ufleu spoken in this connexion (11. R. H. Prince Alfred), has been mimed as successor to tlie Grand Duchy of Saxe-Gobourg and Gotiia. With all respect for tlie Grand Duchy, with its population of 150,000 so.ils, and its capital city of 18,000, — a State scarcely equal to the Island uf Montreal, and a Metropolis not so large as our New London, — I do not think Her Majesty's advisers would, for one moment, put such a paltry possession in comparison with British America, as a settlement for tLe second Prince of the blood ! vi III li 24 defence, as part and parcel of the Empire, while we are imposing burdens on the products of his industry, as if he were no more to us than any foreigner. lie does not even — when we consider freights and distances — stand to us, his folio w-sul)jccts (claiming his military assistance), on the footing of " the most favored nation." No one, I presume, will ask you, at home, to impose differential duties in favor of English importations ; but may not this whole subject of intcr-Impcrial trade, be very fairly considered as opened anew, when you go to England with your matured scheme of a general federation ? Permit me. Sir, in conclusion, to make one other observa- tion. The mode by which a groat constitutional change is wrought, is second only in importance to the substance of that change. This is certainly true of changes wrought within a monarchical system of government. I need not remind INIr. Attorney General, that Magna Charfa^ though framed by the estates, was submitted to the king's grace for his sanc- tion, or that the Bill of Rights was in the first place pre- sented to William and Mary, as " the Declaration of Rights." As with us, the Crown is still the fountain of justice, as well as the fountain of honor, I am sure I need not say it is the general expectation in this neighborhood, that our statesmen, when they have made up their OAvn minds, as to the framework of their future union, will proceed with all proper regard for the rights and prerogatives of the Crown, in bringing their i)lan before the Imperial government. I beg to subscribe myself, respected sir, with great defer- ence, your most obedient humble servant, A BACKWOODSMAN. 1 i ) ■A LETTER III. Cause of reprinting former letters — Jlnxicty in writer's neighborhood as to powers ofFe'leralarul Local Governments — Analysis of a late semi-official statement — Protection for minorities in Upper and Lower Canada^— Difficulties attending restoration of the Old Province line — Local Execu- tives — Constitution of Upper House in Federal Legislature, considered— Tlie writer not adverse to a general union of all the British American Provinces — Conclusion. Mapleton, Oct. Sth, 1864. Respected SiRj — A requisition has been made upon me to allow my two former letters to you, wliicli appeared in the Montreal Gazette., to be reprinted, in the more accessil)le form of a pamphlet. In complying with this desire of several friends, and placing the copies in the hands of Mr. John Lovell of Montreal, (our patriotic publisher), I am reminded by those friends that I ought to add something on a very vital point, — the distribution of powers, between the local and general government. In this vicinity we are pretty equally divided by language. In the villages the English speech prevails ; in the open coun- try the French. English shopkeepers sell to, and buy from, French cultivators. English churches are more numerous, though smaller than the French ; in some parishes, while Protestants are the dissentients from the common school system, in others it is the ivoman Catholic minority who set up their dissentient schools. Thus mixed and balanced as we are, the future constitution of the local governments is a matter which comes directly home to every man among us. In the semi-official statement of the range of discussion at the Conferences which began at Charlottetown on the 1st of 26 September, wliicli appeared about a fortnight ago * we were all pleased tu observe, this sentence — " Every point will be open to unfettered enipiiry at the Quebec Conference." Yet it is evident from the same document that those Avho authorized its public{iti(jn had pretty well made up their own minds, as to the general outlines, at least, of their scheme. The sub- jects to be committed to the federal authority arc enumerated with a good deal of confidence, while those to be left to local disposal, are stated more hypothetically. The following table drawn from the document, may serve as an index to its con- tents : Federal, subjects. Trade and Navigation. Currency and Coinage. Iknking. (Jieneral Taxation. Banliniptcy. Criminal Law. Militia and Defence. Weights and Measures. Liglitliouses. Sea Fisheries. Patents. Copyriglit. Census. Postal Service. Intercolonial Works. Immigration. Naturalization. Local subjects. All Civil and Municipal Laws (with the exception of Crimi- nal Law). Public Lands. Roads and Bridges. Inland Fisheries. Education.! Prisons. Hospitals and Charities. Agriculture. Fairs and Markets. t "It lias boon siiprfrpstod," says tho same oHiciul statonii'iit, " thaf'jirori- sion should be made for ike cilttca- iioiial iutert'sts of the minority in each section." In this classification I Avill not conceal from yc Sir, there are three subjects proposed to be referred to ih. local legislatm-es, which excite a great deal of ap})rehension among my English-speaking neighbors ; I allude to the local control, of all Courts (other than Courts of Criminal Jurisdiction), of the Public Lands, and of Education. The proviso attached to the last mentioned subject, will go far to relieve the ap- • See Appendix for this paper. 27 1, of i prclionslons of tlie minorities in eacli section ; if eml)0(liocl in the Constitutional Act, I should say it would entirely remove them, unless from the minds of the very sceptical, or very factious. But to place the civil rights of the minority, either in Upper or Lower Canada, at the absolute disposal of the majority, and to further endow each .sectional majority with the whole business of the settlement of the public lands, will, I apprehend, greatly embarrass your undertaking. On this point — living near the line — I speak from personal know- ledge. In Lower Canada the minority is l)est distinguishable by language ; in Upper Canada, by creed. If the old Pro- vincial line, from Coteau du Lac to the Ottawa, and thence westward, is to be restored, as a sectional boundary, and the composition of the local legislatures is to resemble generally, the present representation in each section, how would the minorities stand, east and west ? We, in Lower Canada, have at most, in the local assembly, say fifteen English to fifty French-speaking members, — a hopeless minority. In Upper Canada matters would be still worse. There the large Roman Catholic minority would be still less adequately represented. Against any change of the school law, or the jury law ; against any monopoly of the |»ublic lands ; against any attempt to establish an Orange ascendency, or any other Camarilla, they would be absolutely powerless, unless ex- plicit and ample constitutional guarantees for their civil and religious rights can be inserted in the Imperial Act, alterable only by Imperial authority. I state this danger strongly, for I have many friends and correspondents among that denomination of people in Upper Canada, and I see that it is a danger to be dealt with, justly but firmly. In the distribution of powers above enumerated, we see with satisfaction in this quarter, a predisposition manifested to strengthen the general government, without reducing the I i 28 local asscmMios to mere municipal councilg. But it is to be observed that the evil you thus guard against as to sultjeets of legislation, may overtake you in another guise. If you have one local government for what was once Upper Canada, — if you erect a section which is more than one third of the whole Union, — you may call it a local, but will it long consider itself a subordinate government ? Even limited powers, extending over such a space, and affecting so large a popu- lation, nnist create a power within the Union, which it may be found very difficult to subordinate to the superior juris- diction. Of course. Sir, all these matters arc, as you say, open to " unfettered enipiiry at Quel)ec ? " We will await, in this neighborhood, I do assure you, with lively anxiety, to learn how your local lieutenant-governors, or whatever they are to be called, are- to be chosen ; whether by election or appoint- ment ; to whom responsible ; whether they are to be the nexnit l)otween the Federal and local authorities ; whether they will have ihe right to reserve measures of doubtful policy, for the Federal or the royal assent ; Avhat tribunals of appeal Avill be open to the aggrieved minority in any section, as against the acts of the local majority. I am so much of an Optimist as to believe that on all these heads the apprehensions of ray British neighbors here may be fully and satisfactorily met ; but in order that they may be met, it is necessary they should be stated. You will be good enough to observe, Sir, that I am not at all arguing against I'^ederation ^xr se. As to the ol)jcctions to that system on die score of cumbrousncss and costliness, they are, as yet, rather suppositious than tangible. They have not been worked out, and, therefore, cannot be answered. But the argument founded upon the probability, if not cer- tainty, of a conflict of powers, between the local and the general governments, has fastened on many minds. Are Ave 29 to have " tlie state ri;^lit3 " struggle over again on our own soil ? This is almost the only (jucstion now asked in con- nexion with your undertaking, for which we can as yet find no answer. The only answer that can be given hereafter Hiust be by the production of the Constitutional Act itself. " In regard to the constitution of the general or federal legislature," says the semi-official announcement already quoted, " the representation in the Lower House must be based on population, and that of the Upper House on sec- tional equality" Unless it is intended to make the Upper House, in part or whole, nominative by the Crown, this is the American system, pure and simple. And if it be intended to give the Crown the power of nomination, in part or whole, in one form or another, directly or indirectly, how can you limit the choice of the crown by the rigid rule of absolute " sectional equality ?" Wo cannot see our way out of this difficulty at Mapleton ; but we hope, nevertheless, it may be found soluble at Quebec. Will you permit me, Sir, to say, as an observer of your public course, and that of your friend Mr. Cartier, for many years, that one of the few acts of your legislative lives, to which some of us took an early and settled objection, was your yielding to the clamor for an elective Upper House. The objections to the old system were, ten years ago, purely theoretical ; they originated in Lower Canada with that able, and, I believe, honest, but most unsafe politician, Mr. Papineau,* and they continued to be part of the small stock- in-trade of his disciples — the Rouges. Charge of incompe- tency, obstructiveness, or corruption, against the life members, there was none, ten years ago. In Lower Canada, in the last generation, it was indeed otherwise ; and that branch of the legislature did, in 1833, call loudly for reform, though not necessarily for reconstruction.! But in 1856 there was * See the Ninety-two Resolutions. t See Mr. Bedard's Report (L. C. Assembly Journals, for the year 1833). 80 a new state of facts. For fifteen years wc had liad respon- sible government; we were no longer under the dominion of a Dalhousie or a Craig ; our system was working as well as could be expected, when, unfortunately, this innovation Avas adopted, from mere theoretical love of change. It is not, Sir, I trust, one of the least cheering indications of Avhat wo may hope for out of the present crisis, that yourself, and so many of your colleagues, whose opinions are well known on this subject, have now, after eight years' experience of the elective principle as applied to the Uj)per House, so fair an opportunity of reconsidering the whole (juestion. I have expressed the hope, Sir, that you would not con- sider me, in stating the objections I have stated, as being adverse to the scheme of a general union of all British Ame- rica. Not adverse, is a weak form of expression for what I feel on this subject. It is a consummation I have long desired and looked for. I have followed every phase of the discussion, from Lord Durham's (or rather poor Charles Buller's) report, to the report of Mr. Brown's Committee of last Session. I do not forget that two at least of your pre- sent colleagues, with the authority of all the then Govern- ment, urged this project with great zeal, on the Colonial Office, five or six years ago. Those with whom I converse are quite satisfied. Sir, that you and your present colleagues have not taken up so grave a matter in a light spirit ; or as a temporary expedient ; or to gain time upon sectional agi- tation ; or from any other mean or unworthy motive. We see in the twelve gentlemen, who at present surround His Excel- lency in Council, men of all origins, of the most various antecedents, of every description of connexion known m our system ; in short a true microcosm of all Canada. We believe and trust they will all approv*. themselves good men and true in this trying emergency for them and for us ; and our prayer is that they may successfully assist in moulding 31 our future Consiitution in tl.c image nud likeness of that original, Avhich rightly understood, has hitherto been the euvv and admiration of the civilized world. I beg to subscribe myself, respected sir, with great defer- ence, your most obedient and humble servant, A BACKWOODSMAN. ^. i '! APPENDIX. CONFEDERATION OF BRITISH NORTH AMERICA. I^Fi'om the Montreal Ga?.ette, Scptemhvr 23n?.) A good deal of public interest is felt as to the rccont visit of members of the Canadian governnietit to the maritime Provinces. People arc anxious to know the nature of the Federative scheme brought under the attention of the Charlottetown Conference, the reception it received from the nniritime delegates, and the proba- bility of its being acceptable to the several Provinces. But little reserve is now necessary as to the general scope of tlio sdienio of federation now under consideration. It is only as to the details which have yet to be discussed and determined, and as to which diversities of opinion may arise among the numerous contracting parties, that reserve is expedient. The measure cannot be framed from any one point of view ; it must be a work of compromise ; objections from the cast, west and centre will have to be debated and overcome, and it would be manifestly unwise and injurious to give publicity to details that circumstances may hereafter cause to be modified or abandoned. Thus far all the proceedings of the Canadian government have been entirely unofficial and informal. The Provinces of Nova Scotia, New Brunsw^ick, and Prince Edward Island have agreed to hold a conference at Charlottetown, the capital of Prince Edward Island, to consider the propriety ot' uniting their fortune under one government and legislature. The Canadian government sought leave to attend that conference for the purpose of inviting the attention of the delegates to the larger ((uestion of a Federative union of all the British North American Provinces ; consent was at once given, and on the first day of the conference the Canadian deputies presented themselves at Char- lottetown, and were most cordially received. The government of Newfoundland was not represented in the conference, but commu- nications from it have been received, heartily sympathizing with the movement, and expressing a desire to take part in any future proceedings. The conference commenced its deliberations on u Tlmrsday, the first of Soptrinbcr, and continued to .sit daily at Cliurldtti'town, until the Hth, when an adjournnioiit took place to Satunhiy, tlic Kith, at Ilalilax. On Friday, the mcniltcrs ol' the eunrercMcc left Charlottetown in the Canadian .steamer <,>ii extensive and successful ((Uartz crushing I'stabli.shmont of the (ierman uold mining; company, and then pro- ceeded to Halifax, where they arrived in time to re-open the sittinirs of the conference. On 3Ionday the discussions were con- tinued, .-ind in the eveuin^; the subjt'cit of I'eder.ation was presented ti» the citizens at a jiublic dinner ^.^iven in honor of the runswick. The advantai^es of Federation were there a^ain presented at a public entertainment given to the delegates. On Thursday tlie Hiendicrs of the conference and their Canadian visitors went upl)y the St. John rivi'r route to Frederieton, the .seat of government of New IJrunswick. On Friday they returned to St. John, and the party .separated. The Canadian delegates the same night went by railway to Shediac where their steamer awaited them. A quick run u[) the St. Lawrence brought the Canadian delegates to (Que- bec on Monday, ISth September. The proeeedings of the conference were conducted with closed doors; but it is understood that the (juestion of union in all its bcaring.s was fully debated, and the conclusion unanimously arrived at that a Confederation of all the British North American Colonies would bo highly advantageous to all tlio J*rovinces, pro- vided e((uitablc terms of union could be agreed upon. No insur- uiountable o])staclcs were encountered ; and a formal conference of the governments of Canada, Nova Scotia, New Brunswick, New- foundland, and Prince Edward Island has been sutnmonod by his Excellency the Govcrnor-tJeneial, to meet at Quebec on the 10th of October, for the i)urposc of ascertaining formally whether the details of a .sclicme of Confederation, acceptable to all, can be arranged. The Canadian delegates were deeply impressed by the great material resources, and the gratifying industrial prosperity of the maritime Provinces. Tliore is not one of them who does not subscribe heartily to the conclusion arrived at by the confer- ence, that a federation of all tho Provinces would be highly advantageous. Thus fiir, nothing definite as to the details of the scheme has i: 1 .'{5 the Ithcr be the |rity Iocs ifcr- ;hly 1 lias > j boon iiu;rcofl upon notwi'Mstandiiig tlio di.scu.-i.'siDn.s of tlio \\\A throe wcoks, Every poiiii will l)0 open to unlbttciroil on(|uiry by the (^uoboo oDMlbrouco. No one, liowovor, oould have tiiilt'd to .1,'athcr from tlu' iiewspajx rs of the Luwor Vrovineos the Union either collei-tively or si ]); ttoly. and that provision niiulit bo made for the udniission into fh< Union beroafter on oriuitable terms of the Nortli-wost territmy, Jiritish ('oluinbia, and Vaneouvcr Is- land. The whole (Muintry miL,dit liavo one name, say Canada or Aeadia. It ajipoars to have* been sii,Li,u,ested that eaeli of the Pro- vinces should have a loeal le^islatun; and exeeutivc, eharjj;ed with the eontrol of all I'leal matters, and that in a uoiioral h'j;islaturo and executive sh(»uld bo vested the control of affairs oommoii to the whole country. It seems to liavc been hold as indisputable that the functions of the ticncral and local gated to each, must be dearly dofinod in the Constitu- tion, so as to prevent collision and uive socufity ft»r local interests, the whole to bo embodied in an act of the lm]terial Parliament. In rcuard to the Constitution of the nnd measures, lighthouses, sea fisheries, letters patent and copy- riglit, naturalization, census, postal service, immigration, interco- lonial works, iS:o. T lo manner in which the local legislatures should bo constructed, affords scope for debate. There arc those who advocate for each section two legislative cliambers, while others prefer one chamber. Some arc for an executive govern- ment, responsible as at present to the legislature, while others are in favor of tlie lieutenant-governors and other officials being 3G selected by the people. It would of course be desirable that all the local governmeuts should be constituted on some uniform plan, but this docs not seem absolutely essential in the event of serious variance of opinion arising. As to the powers and duties to be committed to the local governments there is also room for much discussion. Manifestly, however, Lower Canada will insist that nil judicial and legal matters, in fact the whole body of civil and municipal law, with the exception of criminal \ii\7, must be vested in the local legislatures. It is equally clear that Upper Canada and New Brunswick will contend that the wild lands of the several sections shall be vested in the local govern- ments. The control of roads, bridges and harbors, with the exception of international works, of 'inland fisheries, education, prisons, hospitals and charities, of agriculture, and all local matters would naturally be committed to local bodies. It has been suggested that provision should be made for the educa- tional interests of the minority in each section. A difficulty would manifestly arise in committing these duties to the local legislatures from the absence of local revenues to meet the neces- sary expenditures. It has been suggested that an allowance frora the public revenue might be distributed for local purposes accord- ing to population, inasmuch as the general government will, by the federative arrangement, be relieved from charges now borne by each Province, and will have absorbed all the sources of revenue from which they are now defrayed. It is very fortunate that little or no difficulty seems to present itself on the subject of the federal finances. On the consumma- tion of the Union, all the debts and assets of the several Provinces would, of course, be assumed by the federal government ; and a close examination of the financial position of each Province shows that no injustice would be inflicted by the arrangement. The debt and the annual burden now borne by the people of the several Provinces are pretty nearly e(iual, and the public cxche- ([uers of all of them show a surplus. all Ian, ous ) be uch :hat sivil lUSt ;hat ^^ild 3rii- tbo iou, Dcal has ica- ilty ocal ccs- rom 3rd- the >by nixo sent 111 Al- ices id a ows rhe tbc she-