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LURING THE DEBATE ON THE SUBJECT OF THE MFEDERAIM OF THE BRITISH NORTH AJIERICAX PROVINCES. QUEBEC: PRINTED BY HUNTER, ROSE & CO., ST. URSULE STREET. 1866. si^eeoh: ON TUK CONFEDEEIATION OF THE PROVINCES. Mr. morris said'-Mr. Spbakir, the member for Lambton has, I thmk, set a good example, and I shall endeavor if it be possible to follow it. I desire to "^ate at the outset that this, as has been well observed by many who have spoken upon the subject, is uo new question ; but that in one phase or another, as was very properly stated in the narrative given to the House by the honorable member for Montreal West, it has been before the people of this country from time to time for many years past. It is not my intention to follow that honorable gentleman in his inter- esting narrative of the history of this question, but I desire to ask the attention of the House to the fact that this is the third time that this ?ue8tion has been formally brought before 'arlituuent by the Government of this coun- try. The first occasion was, I believe, in 1858, when the then Governor General, in closing the session of Parliament for that year, used in the Soeeoh from the Throne the following words : — " I propose, in the course of the recess, to oommunicate with Her Ma- jesty's Government and with the government of the sister colonies, on another matter of very great importance. I am desirous of in- viting them to discuss with us the principles on which a bond of a federal character uniting the provinces of British North America may, perhaps, hereafter be practicable." That formal statement was followed by the despatch which has been referred to frequently in this House and during this debate, and which was made the basis of the motion laid before the House last session by the honorable mem- ber for South Oxford — which motion has had the effect of causing present and, as I believe, fbtuN great results. (Heax, hear.) I be- lieve the appointment of the committee moved for by that honorable gentleman will be look ed back to as an era in the history of this country. (Hear, hear.) Now, as to the second occasion on which this question was formally brought before the attention of the House and country, we have heard from those who object to this scheme, that the people of the country have been taken by surprise, that they do not understand it, and that they are not prepared to discuss it. I would ask, sir, in reference to that, if this present Gov- ernment was not formed on the very basis and understanding that it would bring about a settlement of this question, and if the people of the country did not know this to be the fact ? I hold in my hand the basis upon which the Government was formed, in which the following is stated as the result of a long negotiation between the leading members of it:— The Government are prepared to pledge them selves to bring Id a measure next session, for the purpose of removing existing difficulties by intio- dueiug the Federal principle into Canada, coupled with su(h provision as will permit the Maritime Provinces and the North-West territory to be incorporated inio the same system of Govern- meat. Hon. Mr. HOLTON— Hear, hear ! Mr. MORRIS— I trust the honorable gentleman will say " Hear, hear," with the same emphasis when I read the next para- graph : — And the Government will seek, by sending re- presentatives to the Lower Provinces, and to Etigluud, tu secure the assent of those interests which are beyond the control of our own legislar tion to s8men of Great Britain to endeavor to find a practical solution of tho difficulty of governing those great and growing dependencies of the British Crown. What was tho practical mode adopted when events made it necessary that they should form a new Constitution for the more perfect government of those colonics ? Why, tho Imperial Government revived an old committee of the Privy Council, called the " Committee on Trade and Foreign Plan- tations," and referred the question to it, call- ing in to its aid, as new members of the com- mittee. Lord Cajipbell, then Chancellor of the Duchy of Lancaster, Sir James Stephen and Sir Edward Ryan. The result of the deliberations of that committee was a report in which the eminent men who compobed it recommended the formation of a general as- sembly, to which the control of the general affairs of the Australian colonies should be entrusted, with local governments having local jurisdiction and certain defined powers grant- ed to them. I hold in my hands a series of letters on the colonial policy of En^-land, ad- dressed by Earl Grey to Lord John Rus- sell, which contain the report of the com- mittee of the Privy Council that I have re- ferred to, and I find that the plan there sug- gested is analogous to the one we are now asked to give practical cfi'ect to in this coun- try. (Hear, bear.) The proposition of the committee was that there should be a Gover- nor General to administer the affairs of the Australian colonics, and that he should con- vene a body, to be called the General Assem- bly of Australia, on receiving a request to that effect from two or more of the Australian legislatures; and it was recommended that this General Assenibly, so convened, should have the power t^) make laws respecting tho imposition of duties on imports and exports, the post office, the formation of roads, canals and railways, and a variety of other subjects. The advantages of this plan were ho manliest, as uniting those colonies together and secur- ing foi' them a better and more satisfactory form of government than they had belore en- joyed, that the report w: s at once adopted by the Privy Council, embodied in a bill and submitted to Parliament. The bill passed the House of Commons and reached the House of Lords ; but while before that body the two clauses which introduced into the government of the Australian colonies the same system that in effect it is proposed ty I and introduce here were dropped, and why ? Not because of any change of opinion on the part of the Qovernment on the question, nor be- cause the HouHO of Lords was opposed to the principle, but because it was found on ezam- iuution that they were liable to practical ob- jections, to obviate which auieudments would have to bo introduced which there were no means of arranging without furtb<)r commu- nications with the colonics. The Imperial Government would not make these changes in the measure without the consent of the colonies, but Earl Grey by no means changed his mind in regard to the ;,d vantages to be derived from the plan propotied, as the follow- ing extract from one of his despatches, writ- ten in 1850, to the Governor of New South Wales, will show : — I am not, hoyrevor, the less persuaded that the want of some such central authority to regulate mutten of common importance to the Australian colonies will be felt, and probably at a very eurly period ; but when this want is uo felt, it will of itself 8u; Speaker, it is a sin- gular study, looking ack over the history of tibe past, to see how this question haa come up in the experience of the various colonies. Before the American revolution, Ben- jamin Franklin suggested a ^an for a Federation of the old colonies of Britain on this continent, which, he afterwards said,would, according to his deliberate opinion, have pre- vented the severance of the connection between the colonies and the Mother Country. I will quote a passage written by him after the revolution, in which he makes allusion to this ^ject. He said : — I proposed and drew ap a plan for the union of all the colonies under one 'Government, lo far as might be neoeisar) for del. ace and other import- ant general pjrpoHoa. By my plan, the General Ooverniucnt was to be administered by a Presi- dentOeneral, at)pointed and supported by the Crown, und a General Council, to be chosei: by the representatives of the people of the several colonies, nnet in tho respective nsaemhlies. The Elan wax agreed to in Congress, but the assem- lies of the provinces did not adopt it, as they thought there was too much prerogative in it, and m England it was jut^ged to have too much of the democratic. The different and contrary reasons of dlalike to my plan made me suspect that it waii really the true medium, and I am still of opinion it would have been happy for both sides if it had been adopted. The colonies so unted woula have been strong enough to have defended themselves; there would then hare been no need of troops from England ; of course the subsequent pretext for tiding America^ and also the bloody contest it occasioned, would have been avoided. It is singular that nearly a hundred years ago, Benjamin Franklin, looking at tho difficulties then existing between the colonies, should have suggested a plan of union similar to that now proposed to us, and it is a strong proof of the wisdom of the plan now before this House, that seeing the difficuUies under which the other colonies labored for want of a central power, just as we now see them, proposing this Confederation, he should have declared that if such a plan had been adopted then it would have prevented the severance of the British connection. Hon. Mr. HOLTON— This scheme is looked upon as equal to independence. iVlR. MORBIS— Is that the opinion of the honorable member? I think that far different views prevail in Britain. In 1858, when British Columbia was erected into a colony, it was found then that the Commons of Britain had no intention of surrendering the fair pos- sessions of Britain on this continent, and Her Majesty wiis advised to say : — • Her Majosty hopes that the new colony in the Pacific may be but one step in the career of steady progress, by which Her Majesty's dominions in North Amsrica may ultimately he peopled in an unbroken chain from the Atlantic to the Pacific by a loyal, industrious population of subjects of the British Crown. (Hear, hear.) I say, sir, that there is no evidence whatever that the statesmen of Britain look upon this great scheme as in- volving the severance of our connection with the Empire ; but these utterances, as read here the other night by the honorable member from Montreal Centre, prove directly the con- trary. If breaking off from the Mother Couiitiy were its tendency, then I, lor one, would not support it, nor would it be sup- ported by any of thocie honorable gentlemen who so strongly advocate it. I am not afraid to say that any government which dared to bring down such a mcanii^e would be hurled from their places. (Hear, hear.) But, Mr. Spkakeb, I have been led into the disouBiion of this question oi connection with the Mother Country at much greater length than I had intended, by the suggestions of hon . members, and I will take the liberty of call- ing the attention of tho House to a passage from a work I have already referred to^ and in which we find an exposition of the policy which governed the administration of Lord John Russell. I find there an elaborate argument to prove chat the colcnies are an advantage to Britain, and thac Britain of courae is an advantage to the colonies ; and on the mere ground of material interest, if there were no other — if deeper and stronger ties did nob exist as they do — I feel satisfied that this country would not be prepared to take the first step towards the severance of our connection with England, and the iu88 of that prestige and power which go with every British subject to every civilized part of the globe, enabling him to say, like the old Romau, " I am a British citizen." Earl Grey states that : — The possession of a number of steady and faithful allies, in various quarters of the globe, will surely be admitted to add greatly to the ■trength of any nation; whil'e no alliance be- tween independent states can be so close and intimate as the connection which unites the colonies to the United Kingdom as parts of the Great BritiUi Empire. Nor ought it to be for- S often, that the power of a nation does not epend merely on tno amount of physical force it can comramud, but rests, in no small de^r^e, upon opinion and morai influence. In this respect British power would be diminished b; the loss ot our colonics, to a degree which it wpuld be difficult to estimate. Passing on a little, we find him saying : — To the lav^. .• [i. f- the colonists] it is no doubt of fttr greater importance ihuu to the forirer, because, while still forming comparatively small and weak communities, they enjoy, in return for their allegiance to the British Crown, all the security aud consideration which belongs to them as members of one of the most powerful states in the world. No foreign power vento'-es to attack or interfere with the smallest of them, ^yhile every colonist carries with him to the remotest quarters of the globe which ha may visit, in trad- ing or other pursuits, that protection which the character of a British subject everywhere confers. (Hear, hear.) But to view tho subject in another aspect. I believe it will be found that all the conditions are combined in the scheme now before ua, that are considered necessary for the foimation on a permanent basis of a Federative union. I hold in my hand n book of some note on Representa- tive Government, by John Stuart Mill, and I find that he lays down three condi- tions as applicable to the union of in- dependent states, and which, by parity of reasoning, aie applicable to provinces which seek to have a closer alliance with each other, and also, thereby, a closer alliance with the Mother C >untry. The conditions he lays'down are, first, — That there should be a sufficient amount of mutual sympathy among the populations. And he states that the sympathies which they should have in common should be^— Those of race, language, religion, and, above all, of political institutions, as conducing moat to a feeling of identity of political intefest. Hon Mr. HOLTON— Hear, hear. Mr. morris — We possess that strong tie of mutual sympathy in a high degree. We have the same systems of government, and the same politictU institutions. We are part of the same great Empire, and that is tho real tie which will bind us together in future time. The second condition laid down is : — That the sepamie states be not so powerful as to be able to rely for protection against foreign encroachment on their individual strength. That is a condition which applies most forci- bly in our case. (Hear, hear.) The third condition is :- — That there be not a very marked inequality of strength among the several contracting states. Hon. Mr. DORION— Hear, hear. Mr. morris — Allow me to proceed with tho extract : — They cannot, indeed, be exactly equal in resources; .'n all federations t^eie will be a gradation of power among the members ; some will be more populous, rich, and civilized than others. There is a wide difference in wealth between New York and Rhode Island. Just as there is between Canada and Prince Edward Island. I trust I have satisfied my hon. friend from Hocheliiga (Hon. Mr, DoRXONj, that Mr. Mill's views are entirely applicable to our position. (Hear, hear.) I now proceed to state my belief that we will find gA.at advantages in the future^ in I 9 some IQ the poBSession of a otrong Central Govern- ment and looal or municipal parliaments, such as are proposed for our adoption. I believe the scheme will be found in fact and in practice — by its combination of the better features of the American system with those of tic British Constitution — to have very great practical advantages. I shall read an extract from an article in the London Times, written in 1858, bearing on this subject, ard which brings very clearly into view the distinction between the system which has been proposed for our adoption, and that which has been adopted in the States. The great weakness of the American system has lain in the fact that the several states, on entering the union, claimed inde- pendent jurisdiction ; that they demitted to the Central Government certain powers, and that they claimed eaual and sovereign powers with regard to everything not so delegated and demitted. The weaknesses and difficulties of that system have been avoided in the project now before us, and we have the central power with defined and sovereign powers, and the local parliaments with their defined and delegated powers, but subordinated to the central power. The article says : — It is quite clear that the Federal Constitution of the United States of America forms a precedent which cannot possibly be followed in its principles or details by the united colonies, so long as tney remain part of the dominions of the Imperial Crown. The principle of the American Feder- ation is, that each is a sovereifTi state, which consents to delegate to a central authority a portion of its sovereign power, leaving the re- mainder which is not so delegated absolute and intact in its own hands. This is not the position of the colonies, each of which, instead of being an isolated sovereign state, is an integral pert of the British Empire. They cannot delegate their sovereign authority to a central government, because they do not possess the sovereign author- ity to delegate. The only altei native as it seems to us would be to adopt a course exactly the contrary of that which the United States adopted, and instead of taking for their motto E Pluribua Unum, to invert it by saying /n Utto Plura. (Hear, hear.) Hon. Mtt. HOLTON— What arc you reading from ? Mr. MORRIS— From the London Times, and I quote the article on account of the force of the remarks themselves, apart from the stajiding of the journal in which they appear : — 2 The first steps towards a Federation of t'le American Colonies would thus be to form them all into one state, to give that state a completely organized government, and then to delegate to each of the colon js out of which that great state is formed, such powers of local government as may be thought necessary, reserving to the Central Government all such powers as are not expressly delegated. The Government of New Zealand forms a precedent well worthy the atten- tion of those who are undertaking this arduous negotiation. And I oannot doubt that tho framers of this Constitution have studied the precedent as well of the proposed Constitution of Austra- lia, as that of the Constitution of Now Zea< land which has been in use for ten years past. Hon. Me. HOLTON— How does it work ? Mr. morris — I have not been there — (laughter) —but I know that from a small popmation of 26,000 in all the New Zealand provinces when that Constitution was given them, they have risen in ten years to a po- pulation of 250,000 — indicating certainly growth and progress. Hon. Mr. HOLTON — As we have grown in spite of that terribly bad union you wish to