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Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est f ilmA A partir de I'angle supArieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'images nAcesseire. Les diagrammes suivants illustrent le mAthode. 1 2 3 1 2 3 4 5 6 r^ CONFEDERATION ; OR, THE POLITICAL AND PAELIAMENTART HISTORY OF CANADA, FROM THE CONFERENCE AT QUEBEC, IN OCTOBER, 1864, TO THB ADMISSION OF BRITISH COLUMBIA, IN JULY, 1871. m TWO YOLTJMES. BY THE HON. JOHN HAMILTON GRAY, D.C.L., M.P. UtHpir* between Great Britain and the United States under the Treaty of Waskingten^ 1857-1858. H. M.'s Commissioner on the Tenant Question in Prince Edwards Island, x86o-i86i. Dominion Arbitrator ietn^een the Provinces of Ontario and Quebec, under the British North American Act, "67. Formerly Attorney-General, and Speaker of the House of Assembly in New Brut$swich. One of the Delegates to the Charlotte Tmvn and Quebec Conventions, in 1864. And Member for the City and County of Saint John, New Brunswich, from 1850 to 187a. FIRST VOLUME. &■ TORONTO : COPP, CLARK & CO., PRINTEP^, KING STREET EAST. 1873. . Kil Gl ' ' '■' ,1- '"f ..' t^. ' :' V ^H ;■! ; ' >./.; *; . '. Entered according to .\ct of Parliament of Canada, in the year one tliousand eight hundred and seventy-two, by John Hamilton Gray, D.C.L., M.P., in the Office of the Minister of Agriculture. ', *t 'liT '*■-,• 'tVn^'f ■- ■»! >■• '•"■'.' K . .ij.V-S; irt^r, - ; ^ r,l'i'V/tiX.[.-<,''J^Jif'' < 1 TO THE MEMBERS OF THE HOUSE OF COMMONS OF CANADA. " Si quid ncvisH rectiiu istis, Camtidus imperii. Si nm-Ais ntere mecum." Hor. Epist. 6. J. H. GRAY. Ottawa, April n, 1872. .0 . . Pi Me I* COIiJ^TENTS. CHAPTER I Preliminary observations as to the Imperial Colonial Policy, from the time of the American Revolution to the adoption of Free Trade — Progress of opinion in England — Concurrent progress of opinion and political deve- lopment in Canada and the Maritime Provinces — Lord Durham's mis- sion — Intercolonial Trade — Intercolonial Railway — Frontier disputes with the United States — Ashburton Treaty — Consequences — Intercolo- nial negotiations respecting commercial union — Abortive — Gait's policy on joining the cabinet in 1858 — Imperial policy undecided — American troubles in 1862 — Trent affair — Effect on Imperial policy — Dead lock in Canada — Brown joins the government in 1864 — Ministerial explanations — Movements in the Maritime Provinces towards Legislative Union — Charlottetown Convention — Attendance of Canadian Ministers — Dis- cussions — Halifax — Macdonald and Brown's speeches — Saint John — Cartierand Gait — A.D. 1776 to 1864. b CHAPTER 11. Meeting of Delegates at Quebec, October 10, 1864 — Reflections on the time, place and circumstances — AmerJ-^-'an war — Sittings with closed doors — Reasons for — Voting by Provinces — Adoption of Federal instead of Legislative Union — Submission of Resolutions defining proposed Consti- tution — Discussion of do — Contrast of source of power in the proposed Constitution and that of the United States — Policy of free trade — No distinction in political rights — Difficulties in representative and financial arrangements — Electoral Divisions of Lower Canada — Representation by Population — Rule exceptional on entering Confederation — Absolute for subsequent guidance — Similarity to original provision in. the American Constitution — Upper House, territo al and nominative — Provision for primary selection — Admission of North- West Territories and British Columbia — Adjustment of the financial arrangements — Direct iaxation for general purposes unknown in Maritime Provinces — Crisis — Sub- VI CONTENTS. Committee of Finance Ministers — Report — Apportionment of powers — Crown Lands and Minerals to Local Governments — Reasons for — ^Judi- ciary — Court of Appeal — Uniformity of Laws — Intercolonial Railway — Crown Lands in Newfoundland — Exceptions for Prince Edward Island — ■ Export duty on lumber in New Brunswick — Royalties in Nova Scotia- Resolutions — Financial Statement of the position of Canada as compared with the other Provinces — A.D. 1864. CHAPTER III. Banquets at Quebec and Montreal — Public sentiment in Lower Canada — Conduct of the Press — Custom of the ancient Germans followed by the English — Speeches at Quebec —Reception by the Laval University — Reception at Montreal — Education of the public mind — Remarks of Dele- gates and Local Members at Montreal — A.D. 1864. CHAPTER IV. liiblic sentiment in Upper Canada (now Ontario) — Selection of ( ^va as the seat of Government — Description — Keasons for — Propriety of- -Ultimate future and requisites for, as the Capital of the Dominion — American legis- lation and action on the selection of Washington — Banquet at Ottawa — Observations of speakers — Banquet at Toronto — Ditto — Explanations of details by Hon. Geo. Brown — Rude awakening of the Maritime Delegates on their return to Nova Scotia and New Brunswick — A. D. 1864. CHAPTER V. ^ Assent of the Imperial Government — Despatch from the Colonial Secretary, December, 1864 — Public sentiment in England, Scotland and the United States on the proposed Confederation — Seward — A.D. 1864. :; CHAPTER VI. , . . The Situation — Relative position of Great Britain and the B. N. American Provinces as to the internal government of the latter — As to Trade Re- lations with Foreign Countries — Despatch to Lord Elgin, December, 1846 — Objection to policy by manufacturing interests in England and Scotland — Reiteration of policy by the Imperial Government — Excep- tional and liberal conduct towards the Provinces in matters of Recipro- city with the United States — Position of Inter-Provincial Trade — Objec- tions to Confederation from different stand-points — Political aspect — Misapprehension in England on the severance of Canada from Great Britain — Observations in the Imperial Parliament — Mr. Roebuck — Mr. Adderley — Sir Cornwall Lewis — Mr. D'Israeli — Lord Palmerston, and :!0NTENT8. VII Mr. Baring — The Times— Paniphlets — Irritative effect in Canada — Examination of the subject — Position 20 years hence — Views of the " Com- mittee on Commerce" of the House of Representatives of the United States — Free Trade Policy of Canada — Hincks — Imports — Exports — Character of Comparison — Breadstuffs to England — Change in 17 years — Export trade to the United States — Change — Effect on British producer — Tea trade — Affected by Pacific Railway — Returns — Pumpelly on Russian Asiatic Trans-continental Railway — Canada as a market — United States diminution of shipping — Internal trade — Merger of Canada in the United States — Loss of Asiatic trade to England — Action of United States not to be tested by ordinary rules of reasoning — Interest of Canada as separate — Intercontinental carrying trade — Effect of separation upon Great Britain in case of war — Canadian neutrality — Effect on Canada — Loss — Loss greater to Great Britain — Mutual interest to continue the connection — Blackwood — Letter of an American statesman. CHAPTER VII. Debate in the Canadian Legislature on Confederation — The Governor- General's Speech — Motion in the Legislative Council — Do. in the House of Assembly — Character of the Debate — Division in the Council on the main motion — Names — Do. in the House — Names — Synopsis of speeches of men representing views of all parties — A. D. 1865. CHAPTER VIII. Death of Sir E. P. Tach6 — Character — Reconstruction of the Government — Ministerial negotiations — Action of the Government after reconstruc- tion — Confederate Council on Trade — Resolutions — Deputation to Wash- ington — Negotiations at Washington for renewal of the Reciprocity Treaty — Failure — Report to the British Minister at Washington — Terms proposed by Canada — Counter terms by the United States — Public satisfaction at the rejection of the latter — Effect on Confederation — A. D. 1865 & 1866. CHAPTER IX. Resignation of Mr. Brown — Parliamentary explanations — Reasons assigned — Examination of minutes of Council and Mr Gait's memorandum — Reasons existing — Subsequent conduct — A. D. 1865 & 1866. CHAPTER X. I Deputation to England — Defence — Imperial policy on Confederation after defeat in New Brunswick — The West Indian and Brazilian Commis- sion — Instructions — Report — Imperial Despatches — Relaxation of the rule with reference to the Inter-Provincial Trade as to British North (—•• VIU CONTENTS. America — Constitutional question — Gait — Macdougall — Difficulty of dealing with the West Indies — Gait on Colonial Taxation — Action of the Imperial Government — Negotiations in 1862 with P" ranee — Ret- i strance — Removal of Baron Boilleau — Importance of Trade quesi.on — Necessity of concession to Canada by the Imperial Government to make exceptional reciprocal arrangements with South America, and with all the British Colonies wherever situate — Changetl position of Canada — Increased responsibilities necessitate increased powers — A.D. 1865. CHAPTER XI. The Fenian Invasion of 1866 — Lower Canada Education Bill — Action of the Government — Gait's resignation — Subsequent conduct — Constitution of the Local Governments and Legislatures for Upper and Lower Canada — Resolutions and amendments — Parliamentary action of prominent Upper Canadian Politicians on Representation Ly Population — Address to the Queen — Announcemenf; of Deputation — Expiry of the Parliament of Old Canada- A, D. 1866. \ CHAPTER Xll. Vancouver Island — Canadian Pacific Railway — Thunder Bay Mining Region — Departure of Deputation for England — Legislative action of Nova Scotia and New Brunswick- Future consideration of dstails of contest in those Provinces — Political Acrobats — Departure of Deputations from New Brunswick and Nova Scotia — ^Remonstrance on non-arrival of Canadian Deputation — Reply — Proposition relative to Prince Edward Island — Formation of London Conference — Resolutions — Differences from Quebec Resolutions — Discussions and Bills framed — Additional Clauses in Act as ultimately passed — Propositions on Intercolonial Railway — Guarantee — Imperial Legislation — Return of Deputation — Legislation in New Bruns- wick and Nova Scotia on Dual Representation — Resignations of Members — Imperial Honours — Royal Proclamation — Chaise of corruption against Canadian statesmen — First of July, 1867 — A.D. 1866 and 1867. CONFEDERATION: THE POLITICAL AND PARLIAMENTARY HISTOEY OF vJANADA, PROM OCTOBER, X864, TO JULY, 1871. CHAPTER I. Pieliminary observations as to the Imperial Colonial Policy, from the time of the American Revolution to the adoption of Free Trade — Progress of opinion in England — Concurrent progress of opinion and political deve- lopment in Canada and the Maritime Provinces — Lord Durham's mis- sion — Intercolonial Trade — Intercolonial Railway — Frontier disputes with the United States — Ashburton Treaty — Consequences — Intercolo- nial negotiations respecting commercial union — Abortive — Gait's policy on joining the cabinet in 1858 — Imperial policy undecided — American troubles in 1862 — Trent affair — Effect on Imperial policy — Dead lock in Canada — Brown joins the government in 1864 — Ministerial explanations — Movements in the Maritime Provinces towards Legislative Union — Charlottetown Convention — Attendance of Canadian Ministers — Dis- cussions — Halifax — Macdonald and Brown's speeches — Saint John — Cartier and Gait— A. D, 1776 to 1864. The policy of the Imperial Government cowards its possessions in Bi'itish North America for many years after the American Revolution, was one of disintegration, rather than consolidation. " Ships, Colonies and Commerce," remained the chosen motto of the Empire. The strength acquired by the union of the thirteen United States indicated, as it was conceived, future dismember- ment and severance of the remaining Colonies, should they be allowed to coalesce too much. Convenience for the administration of local affairs in countries so widely extended and so sparsely settled, also in some degree tended to keep the remaining Provinces apart. New Brunswick was separated from Nova Scotia ; the two Canadas were divided ; 2 10 CONFEDERATION. Cape Breton was constituted a distinct government; Prince Edward Island, with its scant population and limited area, retained its old isolation, and Newfoundland was made a post captain's appointment. Separate governments, separate parlia- ments, different laws, and hostUe tariffs fostered local prejudices and created diver at interests. Thirty-five yeais ago the voice of Free Trade was heard in England. Protection was assailed. The change was rapid. In a few years the preferential duties in favour of colonial timber were abolished. The old idea of restricting the trade of the Colonies to the mother country was abandoned. The Cromwell code of the navigation laws lost its hold upon the country ; the com laws were swept away. " Buy in the cheapest market, sell in the dearest," was heard from Manchester and Birmingham, echoed in Liverpool and London, and rolled back from the Solway and the Clyde. The policy of the Empire was changed. The United States were better customers than the British North American Provinces. Why,, then, it was asked, retain the latter at the expense of the over-taxed citizens of England? British interests, it was said, required that they should be severed from the parent state. British honor forbade that they should be abandoned, until able to take care of themselves. They must be taught self-reliance; to share largely, nay, to bear almost entirely, the burden of their own defence. Hp^dng the entire and absolute control of all local sources of wealth, with unrestricted powers of legislation in all matters save those affecting Imperial interests, they Lad been for fifteen years past, in all but the tie of a willing allegiance, inde- pendent countries. But they must not be allowed to fall into the United States, and add to the aggressive power of that already great Republic. The loyal sentiment of the people must be nurtured ; the attachment of a free people to the mother country must not be rudely rent asunder. Sustained and strengthened by the Imperial connection, they must be guided on to a developmeiit of power, of nationality, that would enable them at a future day to take their place amid the nations of the earth, the friend, and not the foe of England. Opinion changed. Union is strength ; and Consolidation becomes the policy of the Empire. CONFEDERATIONr fl Such was the working of the public mind in England. But during these same thirty-five years, the public mind in British North America had not been stationary. Equally progressive, it had passed from the weakness of infancy and pupilage to the strength of maturity and manhood. Thirty-five years ago, these Provinces were governed from England; local appointments of honor and emolument were made from England. A fow favored families held the patronage of the country. The debates of the legislative councils were held with closed doors. Irresponsible office-holders, bishops and judges were members. They admitted no right in the people to question the sacred character of their proceedings. The public lands and public revenues, the mines and minerals, were Imperial property, and disposed of by Imperial direction ; sometimes to pay the debts of a spendthrift duke, some- times to provide for a needy baronet, and sometimes for the colony. Treaties were made by which Provinces were dismembered without consulting the Colonial authorities or considering the Colonial interests ; engendering future complications with foreign countries, and leaving to the Colonies the seeds of future permanent injury, though giving to the mother country a temporary relief from anxiety. Measures of internal vital importance, passed by the local legislatures, were ignored. Complaints against public officers were studiously disregarded, or, if acceded to, neutralized by the action of irresponsible ministers, holding their appointments from abroad, iirespective of the wishes of the people whose interests they were to serve. Sustained, though condemned, the official retained his place. " Hie est daninatus inani judicio at tu victrix Provhida ploras" • • This could not last. Howe in Nova Scotia, "Wilmot in New Brunswick, Papineau in Lower, and Baldwin in Upper Canada, struggled for reform. They demanded for the people the control of the local revenues, the appointment of Provincial officei-s, and the constitutional selection of ministers responsible to the people of the coimtry for the administration of local afiairs. Theii-s was no pigmy contest in those days ; every vested interest arrayed its hydra head against them. Persons whose families had held office until they deemed the succession should be hereditary, denounced 12 CONFEDERATION. them as rebels — as disloyal. Misrepresentation and calumny followed them abroad, social ostracism at home. The Lieutenant- Governors, regardless of their duty, became partizans in the contest, and put themselves in personal antagonism to the friends of progress. To such an extent did this go, that Sir Archibald Campbell, the sturdy old conqueror of Burmah, the then Lieu- tenant-Governor of New Brunswick, coolly informed the Legis- lature of that Province, in answer to an overwhelming address from that body for his removal, " that he had served his Sovereign so long abroad, that he did not care for their opinion." Between Mr. Howe and Lord Falkland, the Lieutenant-Governoi*, the alter- cation went so far, that the indignant Nova Scotian threatened to hire a black man to horsewhip the representative of the Sovereign. Papineau did not stop on the verge of rebellion, and the language of Rolph and Baldwin had the ring of Massachusetts Bay in 1776. American experience was not thrown away on England. The broad intellect of Lord Durham and the constitutional knowledge of Charles Buller quieted the storm. The practical concession of their rights having been established, the people of British North America set themselves to work, each Province in its own way, to develope the resources of its own locality. A healthy climate and great natiu-al advantagrs bore them onward, but no one common direction governed the general movement. Each did what was best for itself, regulated its tariff by its own immediate wants, built its little Chinese wall round its own frontier, and taxed the manufactures of a sister Province as readily as those of Russia or the United States. Resting on its mother's leading hand, each toddled along in its own harmless way. But science, steam, telegraphs and railways, had taught a new education. The stupendous progress of the United States, with an unrestricted commerce from Florida to Maine, stood out in bold contrast to the naiTOW policy of Provincial isolation ; and thinking minds, in advance of their time, conceived that if all the Provinces of British North America wei*e united, with a common tariff and an unrestricted internal trade, a similar i-esult, to a certain extent, might be obtained. . , > CONFEDERATION. 18 The dream of the political economist was brought about by ca uses, the effect of which, at their inception, was not foreseen Many years previous to the Ashburton treaty — as far back as 1834 or 1835 — John Wilson, an enterprising merchant of St. Andrews, in the Province of New Brunswick, had originated a company for the construction of a railway from St. Andrews to Quebec ; and a survey of the same had been made, under the direction of Major Yule, an officer of the Royal Engineers. This line, though countenanced ly the British Government, owed its contemplation more to its commercial than to its military impor- tance. Its course was comparatively sti"aight and short. But, pending this survey, the United States Government claimed the territory through which it passed. The border difficulties of 1839 and 1840 — during which war was only averted by the prudence of Sir John Harvey and General Scott — terminated in disgraceful concession. The "Ashburton capitulation," as Lord Palmerston cjiUed it, was signed in 1842. A wedge of foreign territory was thrust up between Canada and New Brunswick, without consulting those Provinces ; and the opportunity of constructing, on British soil, speedy and direct land communication between the two, was lost forever. Resulting from the disturbances in Canada previous to and during the years 1837 and 1838, the circumstances attending the claim of the United States to the frontier boimdary, and other occurrences about the same time, the attention of the British Government, which had before been turned to the construction of a military road from Halifax to Quebec, sufficiently far removed from the American frontier to be always available, was materially strengthened. The proposition to substitute a railroad in lieu of such military road had been thrown out by Lord Durham, but in no way acted upon. In 1845, the Governor of Nova Scotia applied to Her Majesty's Grovemment to conduct a survey under the direction of competent military engineers, either at the expense of the British or Colonial Governments ; suggesting at the same time that the importance of the ultimate object was so great, that he hoped this preparatory step might be deemed worthy of Imperial assistance. Her Majesty's Government assented to the application, u CONFEDERATION. but declined granting Imperial aid ; and a survey and exploration of a line from Halifax to Quebec, through the northern part of New BiTinswick, made at the joint expense of the three Provinces of Nova Scotia, New Brunswick and Canada, under the direction of Major Eobinson, an officer of the Royal Engineers, was com- menced in 1846, and completed in 1848. No immediate action was taken on this survey ; but, after several years of negotiations, principally through the exertions of Mr. Howe, the Imperial Government, in 1851, by the Colonial Secretary, Lord Grey, made a specific offer to aid with an Imperial guarantee the construction of a railway on the route surveyed by Major Robinson, if the Provinces of Canada, New Brunswick and Nova Scotia would tmdertake to build one, subject to the approval of Her Majesty's Government. A re-formation of the Government of New Bruns- wick, in 1851, based upon a demand for a similar extension of the Imperial guarantee to the constmction through New Brunswick of the European and North American Railway, then lately originated at a railway convention held at Portland, in the State of Maine, and legislated upon by the Provinces of New Brunswick and Nova Scotia and the State of Maine; and the refusal of the British Government to extend that guarantee — upon the ground that the newly proposed road could not be regarded as of the same Imperial character or importance as the Intercolonial, and that the language of the despatch, upon which such demand had been made, was misunderstood — prevented at that time any action upon the offer. In the subsequent year, 1852, Canada (through the instrumentality of Messrs. Hincks, Young and Tach6, members of the Government) and New Brunswick agreed upon a line to be built by their Govern- ments, through the valley of the St. John ; but to this Nova Scotia objected ; and the Colonial Minister having refused the guarantee to the new route, upon the ground that the negotiations had been based upon the Major Robinson line, or an approximation to it, efforts for its construction ultimately died out. The three Pro- vinces, therefore, if they desired to act conjointly and obtain the Imperial guarantee, were compelled to adopt a line sufficiently removed from the American frontier to comply with the military character of the work for which the guarantee was originally offered. CONFEDERATION. 1^ Though, owing to these diflferent complications in the Provinces, the work was thus retarded, the idea was never abandoned, and at various times between that period and 1860, numerous negotiations were had between the Provinces touching its construction. In 1862-3, these had proceeded so far, that an apportionment of the relative expense to be borne by the Provinces separately had been agreed upon, and laws passed in the Legislatures of New Bruns- wick and Nova Scotia to confirm the arrangement. From some cause, which to the maritime Provinces was never satisfactorily accounted for, the arrangement was not adhered to by Canada. During the same period efibrts had also been repeatedly made by the several Governments to bring about a union of postal and fiscal regulations, and a similarity of tarifis, but the local necessi- ties of each, and the supposed divergence of interests, had rendered those efibrts ineffectual. No serious attempt, however, at a political union had been made; but the public mind was rapidly expanding both to its importance and necessity. In 1854 the question had been brought up in the Nova Scotia House of Assembly, and the great leaders of the Conservative and Liberal parties, Messrs. Johnston and Howe, throwing aside the rivahy of party, had delineated with equal power the advantages that would result from combining the scattered elements of prosperity and strength separately possessed by the several Provinces. In 1858, in the Canadian Parliament, the movement assumed a more tangible shape, and union was made a part of the policy of the Government. Mr. Gait, on his becoming a member of the administration, insisted on its being m ade a cabinet jC[uesti(2j)t^j and Sir Edmund Head, in his speech at the close of the session, intimated that his government, during the recess, would take action in the matter. These tendencies, however, were all abor- tive ; they produced nothing. On this subject, at that time, the Imperial Government itself had no definite policy. In 1857, when, in furtherance of the movement in the Nova Scotia Parlia- ment, the Hon. Messrs. Johnston and Adams G. Archibald had gone to England to confer with Her Majesty's Government on that as well as on other matters, Mr. Labouchere, the Secretary of State mm 16 CONFEDERATION. for the Colonies, intimated to them that it was a question entirely for the Colonies themselves, and that no obstacle to its accomplish- ment would be thrown in their way. In 1858, when, in further- ance of the then adopted policy of the Canadian Government, Messrs. Cartier, Gait and Boss specially waited upon the Imperial Government, requesting authority for a meeting of delegates from each of the Colonies, to take the question into consideration, Sir Edward Bulwer Lytton, the then Secretary, replied that the ques- tion " was necessarily one of an Imperial character," and declined to authorize the meeting because, with the exception of one, he had received no expression of sentiment from the Lower Provinces on the subject. In 1862, the Duke of Newcastle, the then Colo- nial Secretary, in a dispatch to the Governor-General, after stating in explicit temis that Her Majesty's Government was not prepared to announce any definite policy on this qiiestion for a similar reason, added that *' if a union, either partial or complete, should hereafter be proposed, with the concurrence of all the Provinces to be united, I am sure that the matter would be weighed in this countiy, both by the public, by Parliament, and by Hei ilajesty's Government, with no other feeling than an anxiety to discern and promote any coui-se which might be the most conducive to the prosperity, the strength and harmony of all the British communi- ties in North America." The war in tlie United States, however, and the Trent affair of 1861-2, put an end to all vacillation on the part of the Imperial Government ; and from the Prime Minister to the peasant, whether Liberal or Conservative, whether Tory or Radical, but one policy for the future wa^s to prevail. British America was to be consoli- dated ; British America was to be made self-reliant ; British America was to be put in a position to require as little from the British Government as was possible, with an allegiance that was voluntary, and a connection that was almost nominal. The integ- rity of the Empire was to be preserved, btit the outlying frontier was to be mainly instrumental in preserving it. Union received an astounding impulse. It perhaps never before occui*red that two independent bodies, moving in their own orbits, so suddenly and so simultaneously received an influence from difierent causes. CONFEDERATION. 17 jmmuni- impellinj; them in the same Uirection, and that direction to result in their mutual good. The force was irresistible ; it was to the same end, but neither body was to be coercive of the other. The outward pressure of mutual necessity and mutual advantage broke like light upon the public mind. Boih parties were to be strength- ened, but the result was to be obtained by the voluntary action of a free people, the exercise of their constitutional rights, the assent of the national judgment. Events moved on with startling rapidity. What, up to 1861, had been the shadowy outline of a patriot's broad conceptions, or the enthiisiast's dream, suddenly sprang into a tangible creation ^^irndis indigestaque moles" at first, but soon to be moulded inco shape, each fragment taking its proper place, each individual part fitting to its proper sphere, and standing forth a compact and substantial fabric. In the ^vinter of 1804, though the public mind was thus agitated, all reasonable hopes of efiecting any an-angement with Canada, either of a fiscal nature or for the construction of the intercolonial road at an early day, seemed to have been abandoned in the Lower Provinces ; and the Legislatures of New Brunswick, Nova Scotia and Prince Edward Island had, at their sessions in that year, severally passed resolutions authorising their respective Govern- ments to enter into negotiations, and hold a Convention for the p'lrpose of effecting a union of the Maritime Provinces, political, legislative and fiscal. That Convention was appointed to meet at Charlottetown, in Prince Edward Island, in the month of September following. It is necessary here to retrace our steps for a moment, and take a rapid glance at the position of Canada. During the previous ten or fifteen years, though politically united, the conflicting interests of Upper and Lower Canada had become more divergent. At the union of the two Provinces, under Lord Sydenham, in 1841, the Parliamentary representation was rather in favor of Lower Canada; and the rule of equal territorial representation, which, in the interests of Upper Canada, was at that time adopted, in order to neutralize the supposed inequality, was, owing to the more rapid increase in wealth and population of that Province, found soon to operate to its disadvantage. In a short time Upper exceeded Lower Canada in its population by many himdred thou- 18 CONFEDERATION. p III m m l'i> sands (nearly half a million), without having received any corres- ponding increase in representation, or influence in the raising or disbursement of the revenues obtained from the taxation of both. Thus, prominent among the political questions of the day became Representation by Population. But the governing by double majorities was equally a source of difiiculty. It was necessary that the portion of the cabinet formed from each Province should carry with it the support of the majority of the representatives of the Province from which it came. ±\ more absurd mode of government could hardly be conceived ; for while the leading ministei-s and statesmen of both Provinces might be thoroughly united on a question of genei*al importance to the whole, the local jealousy of a part of either one particularly afiected might deprive the portion of the cabinet belonging to that Province of its support, and thus defeat a ministry commanding the confidence of the whole country, and a majority of the Parlia- ment, but imable, from some local cause, to carry a pai-ticnlar section. Under such a system, local jealousies are fostered, broad and liberal views are abandoned, sections become powers, principles degenerate into personalities, consistency is sacrificed for place, and the parliamentary debates become remarkable for the acerbity they display, rather than for the talent they evolve. The jealousies between the Upper and Lower Canadas increased; party lines became more clearly defined (if adherence to persons and sections more than to principle can be called party) ; and government, in a parliamentary sense, became practically impos- sible. In the session of 1863, on all questions affecting the then existing ministry, under the leadership of the Hon. John Sandfield Macdonald, the divisions were so nearly equal that the Government ceased to command its proper influence. At the re-assembling of Parliament in February, 1864, finding that no additional strength had been acquired during the recess, though a dissolution had taken place and a general election had been held for the purpose of testing public opinion, the Government resigned ; and in March, 1864, a new administration, under Sir E. P. Tach6, was formed. Up to June the divisions shewed a similar position for the new Government. On the 14th of June the Journals of the Legislative Assembly have the following entry : — " The Hon. Mr. Brown -III/' CONFEDERATION. 19 from the select Committee appointed to enquire into the important subjects embraced in a dispatch to the Colonial Minister, addressed to him on the 2nd Feb., 1864, by the Hon. Geo. E. Cartier — the Hon. A. T. Gait and the Hon. John Ross, then members of the Executive Council of the Province, while in London, acting on behalf of the Government of which they were members, in which they declared that *vory grave difficulties now present themselves in conducting the Government of Canada in such a manner as to show due regard to the wishes of its numerous populations.' That * differences exist to an extent which prevents any perfect and complete assimilation of the views of the two sections.' That * the progress of population has been more rapid in the western section, and claims are now being made on behalf of its inhabi- tants for giving them representation in the Legislature in propor- tion to their numbers.' That * the result is shewn by an agitation fraught with great danger to the peaceful and harmonious work- ing of our constitutional system, and consequently detrimental to the progress of the Province,* — and that * the necessity of provid- ing a remedy for a state of things that is yearly becoming worse, and of allaying feelings that are daily being aggravated by the contention of political parties, has impressed the advisers of Her Majesty's Representative in Canada with the importance of seek- ing such a mode of dealing with the difficulties as may forever remove them,' — ^and the best means of remedying the evils therein set forth, presented to the House the Report of said Committee, which was read as followeth : " That the Committee have held eight meetings, and have endeavoured to find some solution for existing difficulties likely to receive the assent of both sections of the Province." — " A strong feeling was found to exist among the members of the Committee in favor of changes in the direction of a Federative system, applied either to Canada a^one, or to the whole British North American Provinces, and such progress has been made as to warrant the Committee in recommending that the subject be again referred to a Committee at the next Session of Parliament. " The whole respectfully submitted. " George Brown, " Chairman.'^ 20 CONFEDERATION. ill' I., I' •i^.i !lii'^ On the same day the Government was defeated by 60 to 58, on a vote of censure relative to some transactions connected with bonds of the City of Montreal, and to the Grand Trunk Railway in 1859, five years before, under a previous administration. The contest was personal, — the Dead Lock had come. Between that day and the 30th of June the supplies were hurried through, and the House was prorogued. On the 23rd of June, previous to the prorogation, when the Orders of the Day were called, the Hon. Attorney-General Macdonald rose to make ministerial ex- planations in regard to the recent negotiations for strengthening the Government, He read the following statement of what had passed between the Government and Mr. Brown from the com- mencement to the close of the negotiations. " Immediately after the defeat of the Government on Tuesday night (the 14th), and on the following morning, Mr. Brown spoke to several supporters of the Administration, strongly urging that tlie present crisis should be utilized in settling forever the constitutional difficulties between Upper and Lower Canada, and assuring them that he was prepared to co-operate with the exist- ing, or any other Administration that would deal with the ques- tion promptly and firmly, with a view to its final settlement. " Messrs. Morris and Pope asked, and obtained leave, to com- municate these conversations to Mr. John A. Macdonald and Mr. Gait. *' On Thursday, at three, p.m., just before the Speaker took the chair, Mr, John A. Macdonald said to Mr. Brown while standing in the centre of the Assembly Room, that he had been informed of what he, Mr, Brown, had stated, and he wished to know if Mr. Brown had any objections to meet Mr. Gait and discuss the matter] He replied, certainly not. " Mr. Morris accoi'dingly arranged an interview with Mr. Brown; and on Friday, the 17th June, about one, p.m., Messrs. Macdonald and Gait called on Mr. Brown, at the St. Louis Hotel. Mr. Brown stated that nothing but the extreme urgency of the present crisis, and the hope of settling the sectional troubles of the Province for ever, could, in his opinion, justify their meeting iilii 1 iT CONFEDERATION. 21 together with a view to common political action. Messrs. Mac- duuald and Gait were eqdaliy impressed with this, and stated that on that footing alone the present meeting had been invited. " Mr. Brown asked in what position these gentlemen came to him, whether as deputed by the Administration, or simply as leading members of the Ministerial party. They replied they werfo charged by their colleagues formally to invite his aid in strengthening the Administration, with a view to the settlement of the sectional difficulties of Upper and Lower Canada. Mr. Brown then stated that, on grounds purely personal, it was quite impossible that he could be a member of any Administration at present, and that even had this been otherwise, he would have conceived it highly objectionable that parties who had been so long and so strongly opposed to each other, as he and some mem- bei-s of the Administration had been, should enter the same cabi- net. He thought the public mind would be shocked by such an arrangement, but he felt very strongly that the present crisis pre- sented an opportunity of dealing with tliis question that might never occur again. Both political parties had tried in turn to govern tlie country, but without success, and repeated elections only aiTayed sectional majorities against each other more strongly than before. Another general election at this moment presented little hope of a much altered result ; and he believed that both parties were far better prepared than they had ever been before, to look the true cause of all the difficulties firmly^ in the face, and endeavour to settle the Representation question on an equitable and permanent basis. Mr. Brown added that if the Administration were prepared to do this, and would pledge themselves clearly and publicly to bring in a measure next Session that would be accept- able to Upper Canada, the basis to be now settled and announced in Parliament, he would heartily co-operate with them, and try to induce his friends (in which he hoped to be successful) to sustain them until they had an opportunity of presenting their measure next session. - *' Mr. Macdonald replied that he considered it would be essen- tial that Mr. Brown himself should become a. Member of the Cabinet, with a view to give guarantees to the Opposition and to the country for the earnestness of the Government. 22 CONFEDERATION. \u\' " Mr. Brown rejoined that other Members of the Opposition could, eqnplly with himself, give that guarantee to their party and the Country, by entering the Government in the event of a satisfactory basis being arrived at. He felt that his position had been such for many years as to place a greater bar in the way of his entering the Government, than in that of any other Member of the Opposition. " Mr. Macdonald then said that he thought it would be neces- sary that Mr. Brown himself should, in any case, be identified with the negotiations that would necessarily have to take place, and that, if he did not himself enter the Cabinet, he might un- dei-take a mission to the Lower Provinces, or to England, or both, in order to identify himself with the action of the Canadian Go- vernment in carrying out the measure agreed upon. " It was then suggested by Mr. Brown, and agreed to, that all questions of a personal character, and the necessary guarantees, should be waived for the present, and the discussion conducted with the view of ascertaining if a satisfactory solution of the sec- tional difficulty could be agreed upon. " Mr. Brown asked what the Government proposed as a remedy for the injustice complained of by Upper Canada, and as a settle- ment of the sectional troubles. Mr. Macdonald and Mr. Gait replied that their remedy was a Federal Union of all the British North American Provinces ; local matters being committed to local bodies, and matters common to all to a General Legislature, constituted on the well-underatood prLiciples of Federal Govern- ment. " Mr. Brown rejoined that this would not be acceptable to the people of Upper Canada as a remedy for existing evils. That he believed that Federation of all the Provinces ought to come, and would come about ere long, but it had not yet been thoroughly con- sidered by the people ; and even were this otherwise, there were so many parties to be consulted, that its adoption was uncertain and remote. " Mr. Brown was then asked what his remedy was, when he stated that the measure acceptable to Upper Canada would be Parliamentary Refonn, based on population, without regard to a separating line between Upper and Lower Canada. CONFEDERATION. 23 " To this both Mr. MacJonald and Mr. Gait stated that it was impossible for them to accede, or for any government to carry such a measure, and that unless a basis could be framed on the Federative principle suggested by the report of Mr, Brown's Com- mittee, it did not appear to them likely that anything could be settled. " After much discussion on both sides, it was found that a com- promise might probably be had in the adojjtion either of the Federal principle for all the British North American Provinces, as the larger question, or for Canada alone, with provision for the admission of the Maritime Provinces and the North Western Ten'itory, when they should express the desire. Mr. Brown con- tended that the Canadian Confederation should be constituted first, in order that such securities might be taken, in regard to the position of Upper Canada, as would satisfy that section of the country ; that in the r ogotiations with the Lower Provinces, the interests of Upper Canada would in no case be overlooked. " Further conversation ensued, but as the hour for the meeting of the House had nearly arrived, an understanding was come to that the state of the negotiations was such as to warrant the hope of an ultimate understanding ; and it was agreed that that fact should be communicated to Parliament, and an adjournment until Monday asked for. " On Friday evening Mr. Gait saw Mr. Brown, and arranged for an interview next morning, at which Sir Etienne Tach6 and Mr. Cartier should be present. " On Saturday, at ten, a. m., other engagements requiring a change in the hour appointed, Mr. Macdonald and Mr. Gait called on Mr. Brown, and after further discussion a second appointment was made for one, P. m., when the gentlemen named, with Mr. Cartier, met in the Provincial Secretary's room. Sir Etienne Tach6 being out of town. " The consideration of the steps most advisable for the final settlement of the sectional difficulties was then entered upon fully, and a general accord seemed to exist that, as the views of Upper Canada could not be met under our present system, the remedy must be sought in the adoption of the Federal principle. ill- 24 CONFEDERATION. " Mr. Brown then requested to have the views of the Adminis- tration, as expressed to him, reduced to writing, for the purpose of being submitted confidentially to his friends. The following memorandum was then proposed, and having to be submitted to the Cabinet and to the Governor-General, Mr. Brown enquired whether any objection existed to his seeing His Excellency, where- upon he was informed that no objection whate\ ar existed. " Mr. Brown, accordingly, waited on the Governor-General, and on his return the memorandum approved by Council and by the Governor-General was handed to him, and another interview ap- pointed for six, p. M., Mr. Brown stating that he did not feel at liberty either to accept or reject the proposal without consulting his friends. iiii !fi! m i''j. *' * MEMORANDUM. CONFIDENTIAL. " * The Government are prepared to state that immediately after the prorogation they will address themselves, in the most earnest manner, to the negotiations for a confederation of all the British North . " merican Provinces. " * That failin a successful issue to such negotiations, they are prepared to pledgv. themselves to legislation during the next Ses- sion of Parliament, for the purpose of remedying existing difficul- ties by introducing the Federal principle for Canada alone, coupled with such provisions as will permit the Maritime Provinces and the North- Western Territory to be hereafter incorporated into the Canadian system. " * That for the purpose of carrying on the negotiations, and settling the details of the promised legislation, a Boyal Commis- sion shall be issued, composed of three members of the Govern, ment and three members of the Opposition, of whom Mr. Brown shall be one ; and the Government pledge themrelves to give all the influence of the Administration to secure to the said Commis- sion the means of advancing the great object in view. " ' That subject to the House permitting the Government to carry through the public business, no dissolution of Parliament shall take place, but the Administration will again meet the pre- sent House.' " I i:';i : CONFEDERATION. 25 " Shortly after six, p. m., the parties met at the same place, when Mr. Brown stated that, without communicating the contents of the confidential paper entrusted to him, he had seen a sufficient number of his friends to warrant him in expressing the belief that the bulk of his friends would, as a compromise, accept a measure for the Federative Union of Canada, with provision for the future admission of the Maritime Colonies and the North-West Territory. To this it was replied that the Administration could not consent to waive the larger question, but after considerable discussion an amendment to the original proposal was agi'eed to in the fol- lowing terms, subject to the approval, on Monday, of the Cabinet and His Excellency. " * The Government are prepared to pledge themselves to bring in a measure, next Session, for the purpose of removing existing difficulties by introducing the Federal principle into Canada, coupled with such provision as wOl permit the Maritime Provinces and the North-West Territory to be incorporated into the same system of government. " * And the Government will seek, by sending representatives to the Lower Provinces, and to England, to secure the assent of those interests which are beyond the control of our own Legisla- tion, to such a measure as may enable all British North America to be united under a general Legislature based upon the Federal principle.' " *' Mr. Brown then stated that having arrived at a basis which he believed would be generally acceptable to the great mass of his political friends, he had to add that, as the proposition was so general in its terms, and the advantage of the measure depend- ed so entirely on the details that might finally be adopted, it was the very general feeling of his friends that security must be given for the fairness of those details, and the good faith with which the whole movement would be prosecuted by the introduction into the Cabinet of a fair representation of his political friends. Mr. Brown stated that he had not put this question directly to his friends, but that he perceived very clearly that this was the strong 3 ■HI liii::^ 26 CONFEDERATION. opinion of a large majority of them, and that his own personal opinion on this (to which ho still adhered) was participated in by- only a small number, Messrs. Macdonald, Cartier and Gait re- plied that they had of course understood in proj)osing that Mr. Brown should enter the Government, that he would not come alone, but that the number of seats at his disposal had not been considered by their colleagues. Mr. Brown was requested to state his views on this point, and he replied that the Opposition were half of the House, and ought to have an equal influence in the Government, Messrs. Macdonald, Cartier and Gait said this was impossible, but they would see their colleagues and state their views on Monday. " On Monday, at 10.30, a.m., Messrs. Macdonald, Cartier and Gait called on Mr. Brown at the St. Louis Hotel, and stated that Sir E. P. Tach6 had returned to town. Mr. Brown accompanied them to the Provincial Secretary's room, when Mr. Brown having been asked to explain how he proposed to arrange equal represen- tion in the Cabinet, replied that he desii'ed to be understood as meaning four members for Upper Canada, and two for Lower Canada, to be chosen by the Opposition. " In reply Messrs. Cartier and Gait stated that as far as related to the constitution of the Cabinet for Lower Canada, they be- lieved it already afforded ample guarantees for their sincerity, and that a change in its ^;ers two countries peopled ))y two races, with different languages, (liffei'ont creeds, and different laws and customs ; and imfortunately. wliilo making us nominally one people, it retained the line of demarcation between XJpi)er and Lower Camula, and gave the same number of representatives in Parliament to each section, without regard to their respective populations, theii* contributions to the g(me..il revenue, or any other consideration. The dispro- portion between the two sections gradually inci'eased, until Upper Canada has 400,000 people more than Lower Canada, and i)ays full thrp(!-f()urth3 of the whole national taxation ; but all the while the Li)u.-. , We will now proceed to the work of this Convention. After much consideration it was determined, as in Prince Edward Island, that the Convention should hold its deliberations with closed dooi'S. In addition, to the reasons which had governed the Convention at Chai'lottetown, it was furtlier urged, that the views of individual membei*s, after a first expression, might be changed by the discus- sion of new points, diflfering essentially from the ordinary current of subjects that came under their consideration in the more limited range of the Provincial Legislatures ; and it was held that no man ought to be prejudiced, or be liable to the charge in public that he had on some other occasion advocated this or that doctrine, or this or that principle, inconsistent with the one that might then be deemed l>est, in view of the future union to be adopted. The relation of a federation of Provinces towards each other — the con- stitutional necessities operating upon the united body, might be so different from the necessities hitherto operating upon each in the ■■ u CONFEDERATION. 1 ■ '■■ii' ■ ;•! ! Hi'! separate adminisiration of its local aiFairs, that it was well held that no man should be governed by opinions given under phases of circumstances entirely dissimilar, and which might be altogether inapplicable. Liberals and Conservatives had there met to deter- mine what was best for the future guidance of half a continent, not to fight old party battles, or stand by old party cries, and candour was sought for more than mere personal triumph. The conclusion arrived at, it is thought, was judicious. It insured the utmost freedom in debate ; the more so, inasmuch as the result would be in no way binding upon chose whose interests were to be affected, until and unless adopted after the greatest publicity and the fullest public discussion. As the course pursued by the Convention on this point was at the time made the subject of much mis-animad\ersion, and in some of the Provinces, of grave censure, upon the ground that the discussion of its proceedings by the press and public pending its sittings would have been of great advantage, it is as well to observe, that in addition to the reasons influencing the members at the time, history afforded an excellent precedent. In the convention of 1787, which sat at Philadelphia by authority of the then existing Congress, for the purpose of devising a constitution for the more perfect confederation of the United States, a conven- tion, presided over by Washington, led by Hamilton, and sustained by the wisdom and experience of Franklin, then eighty-four years of age — men who, if the men of any nation or ime could be con- sidered as above sordid or selfish motives, must be so regarded — the proceedings, though lasting four months, were conducted in secret ; and all that is known of what was then said and done, save the constitution devised and adopted, was known by notes kept by Madison, and which hct some time after made public* It was further determined, after debate, that, inasmuch as the Canadian representation in the Convention was numerically so much greater than that of any of the other Provinces — indeed equal to that of any two combined — ^the voting in case of division shoidd be by Provinces, and not by members ; Canada, as composed * " Alexander Hamilton's Times," by Mailer. CONFEDERATION. 55 of two Provinces, having two votes ; thus ensuring to the smaller Provinces that in the adoption of any proposition, equal weight should be given to all. Consequently, on each particular proposi- tion on which a difference of opinion was expressed, the represen- tatives of each Province consulted thereon apart, determined by a majority its acceptance or rejection, and reported the result by their chairman to the Convention. In the arrangement of the sittings, Canada occupied the central position, with New Bruns- wick and Nova Scotia on one side, and Prince Edward Island and Newfoundland on the other. , It was in a very short time decided that a Federal in preference to a Legislative Union would be best suited to the exigencies of the country; its extended area and comparatively sparse population rendering it utterly impossible that the local wants of distant districts coxild be attended to in the General Parliament, parti- ciilarly as in several of the Provinces municipalities were not established, direct taxation was unknown, and the people were accustomed to look to their local legislatures for all those measures which would increase the settlement, open the communications, afford education, and tend to develope the resources of their Provinces. On the second day, the outlines of a contemplated Confederation were submitted, in a series of resolutions, by the Hon. John A. Macdonald, substantially in accordance with the views that had been more generally expressed in the meeting at Charlottetown. They were elaborated in a clear and comprehensive speech, pointing out with minuteness the distinction between the constitution pro- posed and the model from which it might be supposed to have been framed — that of the United States — and claiming emphati- cally that it was intended to be, as far as cii'cumstances would permit, similar to that of the Imperial Government, and recog- nizing the Sovereign of Great Britain as its sole and only head. In the course of the arguments that followed on the submission of these resolutions, and which extended over several days, it was clearly shown that whereas in the United States all powers not specifically conceded by the several States to the Federal Govern- ment were still to remain with the several States, here, on the h 56 CONFEDERATION. 'r: conti'ary, all powers not specifically conceded by the Imperial Par- liament in the proposed constitution to the separate Provinces were to remain with the Federal Govemment. The source of power was exactly reversed. At the time of the framing of theii" consti- tution, the United States were a congeries of independent States, which had been united for a temporary purpose, but which recog- nized no paramount or s{J\'ereign authority. The fountain of con- cession therefore flowed upward from the several states to the united govemment. The Provinces, on the contraiy, were not independent States ; they still recognized a paramount and sove- reign authority, without whose consent and legislative sanction the Union could not be fnimetl. True, without their assent their rights would not be taken from them ; but as they could not part with them to other Provinces without the Sovereign assent, the source from which those lights would pass to the other Provinces when surrendered to the Impeiial GoA'ernment for the purposes of confederation, would be through the supreme authority. Thus the fountain of concession would flow downward, and the rights not conceded to the separate Provinces would vest in the Federal Government, to which they were to be transferred by the para- mount or sovereign autliority. \ This was in accordance with the tlieory of the British constitu- tion, which, while boasting its old Saxon poi)ular origin, yet claims the unparalleled expansion of its present freedom as wrenched from the sovereign a\ithority by the stiiiggles of a thou- sand years, and recognizes that authority as the source of poweit, " That land of old and fair renown, Where Freedom slowly broadens down From precedent to precedent." In the United States, on the contraiy, the theory is that the power springs from the jieople, and what they have not chosen to part with they still retain. Practically, in both countries the i*esult is the same. The peo- ple are the source of powei', and in them the power resides, under whatever name it may be called ; but in the framing of a consti- tution for a congeries of states, to be governed by one central au-. thority, the result is different. In the one case the separate Gliili ,|l;i!|:i;ii|,i; >l'l',' iii!il!ii; l"li!!:' CONFEDERATION. 67 tEe states, in their individual capacities, retain the undefined and un- conceded power. In the other the central authority holds it. The latter form, it was contended, gave greater strength, com- pactness and facilities for intercourse with other countries, and removed causes of disintegration. , The question of states rights, which led to the frightful war in ^United States, was forcibly enlarged upon, and an earnest de- sire expressed that, in the framing of the new constitution, defects which might lead to such results should be avoided. It was well observed, that in British America no taint of slav- ery existed to create a hostility of sections, or raise the cry of " squatter sovereignty," — ^that no diverse productions of climate suggested a divei-sity of tariiFs, — that no maniifactures of the North would demand an antagonism to the productions of those fertile lands whose southern sun gave forth spontaneous wealth, which asked for exchange and not protection, — that Ipng in almost one continuous line on the same parallel of latitude from the Atlantic to the Pacific, the interests of all parts of the country for which the new constitution was to be framed would be identical, — that its trade should be free, and the surplus of its products not used for home consumption should with equal privi- lege seek the markets of the world, — that no distinction of i*ace or color or creed was known, and that therefore it was sound that that body which would be vested with the responsibility of guard- ing the interests of the whole country, should be clothed with power adequate to the circumstances with which it might have to deal. Thus the Central Government took all, and the powers of the Provincial Governments were to be exercised strictly within the limits defined. But it was in the apportionment of the representation in the Federal Parliament, and of the financial bui'dens and benefits, that the greatest difficulties aroseTT Representation by Population had been for many years the demand of the most populous and most powerful of the Provinces, and had indeed been one of the causes, if not the main cause, of that constitutional embarrassment which on the part, of Canada had led to the proposition for federation. 6 * ■: -m CONFEDERATION. ■1 •;■" i II lii'" The principle, therefore, was recognized, and was proi)osed to be acted upon, so far as consistently with existing arrangements in the several Provinces it could be. The Electoral Divisions of the Province of Lower Canada (now Quebec) at the time were sixty-five. In New Brunswick the fourteen counties, with the city of Saint John in addition, making fifteen constituted Electoral Districts. In Nova Scotia there were nineteen, the county of Halifax being divided into two. It was '. considered politic not to disturb these divisions, but making Que- bec as the pivot, to give to each district or division, as then exist- ing, one representative ; and taking Upper Canada, (now Ontario,) ■ to give to her eighty-two representatives, the niimber that her J presumed population would entitle her to. The actual proportions throughout the four Provinces were not the same, for while taking the then last census of the several Pro- 1 vinces as 'the guide, Quebec would have one i-epresentative to • about 16,500 of her population — New Brunswick would have one to 16,800 — Nova Scotia, one to 17,500 — Prince Edward Island, ' one to 16,000 — Newfoundland, one to 18,750 — and Ontario, one to 17,070 ; but it was determined that every future re-adjustment of the representation in the several Provinces, at the completion of each decennial census, should be, as to the number of members, upon the same j)roportion to the population of the Province that the number 65 bore to the population of Quebec at the same cen- sus, the nximber for Quebec being fixed at 65. Thus at the fii"st ince})tion on entering into the Union, population was not intended to be held as the only rule for representation. Though taken as a guide, the ai)portionment must be more or less arbitrary. Existing arrangements, territorial and other consider- ations must be taken into account, and modifications to suit cir- cumstances necessai'ily made ; but, after entering the xmion, future changes of the entii'e representation were to be governed by that principle. Such seemed to be the views on this subject. The principle itself was aflSraied simply and explicitly in the 17th Resolution in the Conference at Quebec ; but in the constitution as subsequently settled at Westminster, and enacted by the Bri- tish North America Act, 1867, while the i-e-adjustment made by CONFEDEUATIOX. 59 the Quebec Resolution is adhered to, the jji-inciple so explicitly laid down, " That the basis of representation in the House of Commons shall be by population " is not re-declared. So marked a distinction, it must be presumed, was intentional — to remove any doubt that the confedei'ation of the four Piovinces then fomied should have free scope for terms that mi . branch ; but all matters relative to them were left to future con- sideration, and "such terms as might be deemed equitable or * Shephard'a " ConstitutiDnal Text Book." Edition of 1866. 'iV • I CONFEDERATION. agreed upon, when they were admitted or applied for admission linto the contemplated union." Concurrently with the consideration of these questions the adjust- Iment of the financial burdens was also under discussion. The simplest and the shortest mode would have been at once to I determine that each Province should by its own direct taxation [bear the burden of its own local expenditure and wants, and that Ithe general revenues should all be distributed solely for general Ipurposes. But this was simply out of the question. The system [existing in Uppor Canada of governing by municipalities, and pro- Ividing for local wants by local taxation, though fully understood I had never been adopted by the people of the Maritime Provinces. [The Government was to them "a nursing mother" of children. IBridges, roads, schools, wharves, piers, bye-roads, internal improve- [ments and communications of all kinds, in addition to the Legis- lative, fiscal, postal, and executive expenses of every kind, were mid out of the general revenues, arising from customs, sales of Icrown lands, or other public revenues. A toll-gate did not exist lin the Provinces, and if a bridge were built across a public navi- Igable river like the Petitcodiac by a company for its own private [gain, under the sanction of an Act of the Legislature and aided by Ipublic grants, the members for and the inhabitants of the adjoining Icounties rebelled at the idea of being charged for crossing it, and [agitated until the $20,000 or $30,000, that it was said to have Icost, was paid to the company out of the public funds, and the Ibridge thrown open to the public free of charge. But two toll Ibridges existed in the Province of New Biiinswick, both expensive [suspension bridges at the Upper and Lower Falls of the River St. [John 240 or 250 miles apart, and from the Restigoiiche to the [St. Croix in the other direction, 300 miles along the sea coast, [across the mouths of broad rivers, and over deep ravines, well Iroaded and well bridged, except at one of these suspension bridges jno toll-gatherer stopped the traveller. The same might be said of INova Scotia. It was absurd, therefore, to sup^^ose that the delegates from Ithose Provinces could consent to any propositions for union that [did not make adequate provisions for meeting the existing wants 9St CONFEDERATION. ■f 'i! mkm and contributions to which their people had been accustomed. It was equally hard to make the representivtivea of the people of Upper Canada understand that that was right. In vain was argument used. It amounted to nothing. Unless some compro- mise could be effected the discussion abort union might as well cease. Subsidies wore proposed, the expenses of each Local Gov- ernment were in calculation, reduced to the smallest figure — the General Government assumed the burden of every expenditure that could possibly be considereil of a general character — but still as the distribution was to be by population the Province of Upper Canada would receive what it did not want, while the others did not get what they did want. Agreement seemed hopeless, and on or about tlio tenth morning after the Convention met, the conviction was general that it must break iij) without coming to any conclu- sion. The terms of mutual concession and demand had been drawn to their extremist tension, and silence was all around. At last a proposition was made that the Convention should adjourn for the day, and that in the meantime, the Finance Ministers of the several Provinces shoidd meet> discuss the matter among themselves, and see if they could not agree u})on something. Accordingly, Messrs. Brown and Gait on behalf of Canada, Dr. Tupper and Mr. Archibald of Nova Scotia, Mr. Tilley of New Brunswick, Mr. Pope of Prince Edward Island, and Mr. Shea of Newfoundland, withdrew for that piirpose. "\ \ i '-'^v- . ';.'■ '.,..,.> On the following morning they reported the conclusions at which they had arrived. These with some modifications, a cer discussion, were ultimately adopted by the Convention, reduced to resolutions, and the "financial crisis" passed away. The Convention resumed its labors and proceeded to define the respective powers of the General and Local Parliaments, and of the rights and propei"ties under their control. The retention of the ungranted Crown lands and of the mines and minerals by the several Provinces, in which they were situated was deemed best, as afibrding to them severally additional sources of revenue, stimulus for local improvements, and the means of encouraging immigration; but more particularly as removing causes of conflict and dissension between the Local and General Governments, and ill CONFEDERATION. ti t« relieving the latter of duties which ought to ho municipal. The regulation and management of lands and royalties within a Pro- '' vince by a Government other than that of the Province would ' only he creating an ^Hmperhini in Imimrio," which would surely ^ l)econie antagonistic. The question of the judiciary was not so easily settled, and led to long and animated discussions. Wliilo it was admitted that ' i\\v, public interests would be best promoted by having the highest tribunals of the conntry deriving their authority from the highest soiux-e of power in the coimtry, and that a uniform Bar extending throughout the whole would tend to its elevation, by the greater ' conflict of talent, and the wider sphere of action, it was urged that until the laws were in some measure assimilated the benefit with ' reference to the Bar would be more seeming than real. And with reference to the Bench, a vague dread of the overawing power of Canada, led some of the delegates from the Maritime Provinces to fear that the courts of their Provinces might be filled with judges who were strangera to their laws, and whose traditions were with other lands. The representatives from Lower Canada at once put their Province beyond the pale of consideration. Their juris- prudence was governed by the Civil Law, and admitted of no uniformity with the codes of the other Provmces. The result was a provision for rendering uniform the laws of the five other Provinces, Upper Canada, New Brunswick, Nova Scotia, New- foundland, and Prince Edward Island, relative to property and civil rights, .and that until such uniformity took place, the judges of the Courts of those Provinces should be selected from the respective Bare of those Provinces ; the power of appointment of the judges in all — Lower Canada included — with this restriction being placed in the hands of the General Government, to which already the duty of paying their salaiies had been assigned. It was admitted with one voice, that the criminal law must be the same throughout the whole, and that the Parliament of the General Government must form the criminal code. Thus was this question disposed of, but temporarily only, for the time must come when substantially one code, and a similar administration must pervade the tribtmals of those Provinces, the basis of whose jurisprudence is the Common Law of England. ^ 64 CONFEDERATION. Provision was made for the establishmont of a Court of Appeal, and for the completion without delay of the Intercolonial Railway from the Rivi«5re du Tjoup through New Brunswick to Truro in Nova Scotia, witho\it an express understanding to which effect those two Provinces would not have assented to enter the union. An expression of opinion was also given as to the im[>ortance of the communications witli the North-West Territories and the improve- ments in the canals requisite to develop the trade of the West with the sea-board, and a declaration made that they should he prose- cuted at the earliest possilile period, that the finances of the co\nitry would permit. Other provisions, with reference to existing laws in^the several Provinces, and some contingent liabilities, for which, under their existing laws, they might become responsible, were also made. The necessities of Newfoundland compelled a departure, with reference to that colony, from the principle the Convention had adopted as regards the ungranted Crown lands in the other Pro- vinces. The agreement for the transfer of those in that island to the General Government was only carried after much discussion. It was stoutly ni-ged that if Newfoundland required $150,000 per annum more than the general plan proposed, it was better to give it at once, or forego her admission ; but the former could not be conceded without injustice to the other Provinces, and a dei)arture from the terms on which they were induced to come in ; and the latter could not be assented to without a departure from the broad scheme of the consolidation of all British North America. The acceptance of her lands was therefore carried ; and, at the request of her delegates and those of Piince Edward Island, an exception was made, that the qualification for members of the Legislative Council from the two Islands might consist of pei-sonal as well as real property, leaseholds being extensively in use in both. No other excejitional provision was made with reference to Prince Edward Island, save as to the members of the Legislative Council not being in the first instance selected from the existing Council, that body in the Island being elective, and her delegates especially requesting that with reference to that Island the question of nomination or election might be left open for further considera- tion ; and as to any particular claim she might have on the British GONFEPKRATION. 65 Government for the Lieutenant-Governor's salary, in consequence of that salary having been always paid by the British Government, and not by the Island ; though during the discussion on the repre- sentation in Parliament, and on the financial arrangements, her representatives were restive and perhaj)s exacting ; but after the report of the committee a[)pointed to devise the financial arrange- ments, on which she was represented by her Provincial Secretary, no dissatisfaction was exju-essed. . • Among the provisions relating to the imposition or regulation of duties on imports and exiJOiis, for which power was to be given exclusively to the General Government, was an exception, which led to much discussion, and demands explanation, namely, the exemption from the power of the General Government of affecting (if not increased) the export duty on timber, logs and lumber from New Biamswick, and of coal and other minerals in No^a Scotia. Not only was the })rinciple of export duties denounced, but it was observed that no such power was permitted to the other Provinces, and that most of them dealt quite as largely in the lumber trade as New BrunsAvick, and the reason for such exception was not ai)parent. It must be remembered that the Crown lands and mines and minerals in each Province were to remain the property of each Province, as a part of its source of local revenue. Many yeai-s previously, the Legislature of New Brunswick, finding the expenses of collecting the stum[)age dues unnecessarily great — in fact, so far as the public revenue went, rendering her forests entirely unproductive — had simplified the matter by the substitu- tion of an export duty in lieu of stumpage ; and that law having been in successful operation for many years, and still being in force, could not be interfered with. It was simply another mode of collecting cullers' dues, as known at the port of Quebec, and was more the irregular aj)plication of a term or expression, than the adoption of a geneiul principle in trade. The same obsers'a- tion is applicable to the exemption in favour of coal and other minerals in Nova Scotia, being simply a more convenient mode there in use of collecting the royalties. In this way an exception was introduced into the constitution, which would otherwise appear inconsiBtent. i 'A ee-^ CONFEDERATION. Tlie foregoing details, with others deemed essential, were embo- died in seventy-two resolutions, which were to be authenticated by the signatures of the delegates, to be transmitted to their respec- tive Governments for siibmission to their Legislatures, and to the Governor-General for thp Secretary of State for the Colonies. Throughout the resolutions the present Provinces of Ontario and Quebec were spoken of as Upper and Lower Canada. Though, as at present, more generally recognized under the former designation, they are indifferently so referred to in this work. The Resolutions were as follows : ..' f 1. The best interests and present and future prosperity of Bri- tish Noi-th America will be promoted by a Federal Union under the Crown of Great Britain, provided ■such Union can be effected on principles just to the several Provinces. ' ■- ' >; tff. _ v ; ' ? 2. In the Federation of the British No\-th American Provinces the system of government best adapted under existing circum- stances to pi'otect the divei-sified interests of the several Provinces, and secure efficiency, hannony and permanency in the working of the Union, would be a General Government charged with matters of common interest to the whole country, and Local Governments for each of the Canadas, and for the Provinces of Nova Scotia, New Brunswick and Piince Edward Island, charged with the control of local matters in their respective secti-^^s ; px-o vision being made for the admission into the Union, on equittible terms, of Newfound- land, the North-West Territory, British Columbia and Vancouver. 3. In framing a Constitution for the General Government, the Conference, with a view to the perpetuation of our connection with the mother coxmtry, and to the promotion of the best interests of the people of these Provinces, desire to follow the model of the British Constitxition, so far as our cii'cumstances will permit. 4. The executive authority or government shall be vested in the Sovereign of the United Kingdom of Gi'eat Britain and Ireland, and be administered according to the well-undei'stood principles of the British Constitution by the Sovereign personally, or by the representative of the Sovereign duly authorized. 5. The Sovereign or representative of the Sovereign shall be Commander-in-Chief of the Land and Naval MUitia Forces. CONFEDERATION. 67 6. There shall be a General Legislature or Parliament for the Federated Provinces, composed of a Legislative Council and a House of Commons. 7. For the purpose of forming the Legislative Council, the Federated Provinces shall be considered as consisting of three divisions: 1st, Upper Canada; 2nd, Lower Canada; 3rd, Nova Scotia, New Brunswick and Prince Edward Island, each division with an equal representation in the Legislative Council. 8. Upper Canada shall be represented in the Legislative Council by twenty-four members, Lower Canada by twenty-four membei-s, and the thi*ee Maritime Provinces by twenty-four members, , of which Nova Scotia shall have ten. New Brunswick ten, and Prince Edward Island four members. . ' 9. The colony of Newfoundland shall be entitled to enter the pi'oposed L^nion with a representation in the Legislative Council of four members. 10. The North-West Territory, British Columbia, and Van- couver, shall be admitted into the Union on such terms and conditions as the Parliament of the federated Provinces shall deem equitable, and as shall receive the assent of Her Majesty ; and in the case of the Pi'ovince of British Columbia or Vancouver, as shall be agreed to by the Legislature of sxich Province. 11. The members of the Legislative Council shall be appointed by the Crown, under the Great Seal of the General Government, and shall liold office during life. If any Legislative Councillor shall, for two consecutive sessions of Parliament, fail to give his attendance in the said Council, his seat shall thereby become vacant. 12. The members of the Legislative Council shall be British subjects by birth or naturalization, of the full age of thirty years, shall possess a continuous real property qualification of four thou- sand dollars over tand above all incumbrances, and shall be and continue worth that sum over and above their debts and liabilities ; but in case of Newfoundland and Prince Edward Island, the pro- perty may be either real or personal. 1 3. If any question shall arise as to the qualification of a Legis- lative Councillor, the same shall be determined by the Council. 1 m CONFEDERATION. 14. The first selection of the members of the Legislative Council shall be made, (except as regards Prince Edward Island,) from the Legislative Councils of the various Provinces, so far as a sufficient number be found qualified and willing to serve : such members shall be appointed by the Crown, at the recommendation of the General Executive Government, upon the nomination of the res- pective Local Governments; and in such nomination due regard shall be had to the claims of the members of the Legislative Council of the Opposition in each Province, so that all political parties may as nearly as possible be fairly represented. 15. The Speaker of the Legislative Council (unless otherwise provided by Parliament) shall be appointed by the Crown fi*om among the membei*s of the Legislative Council, and shall hold office during pleasure, and shall only be entitled to a casting vote on an equality of votes. 16. Each of the twenty-four Legislative Councillors representing Lower Canada in the Legislative Council of the General Legislature shall be appointed to represent one of the twenty-four Electoral Divisions mentioned in schedule A of chapter 1 of the Consolidated Statutes of Canada, and such Councillor shall reside or possess his qualification in the division he is appointed to represent. 17. The basis of representation in the House of Commons shall be population, as detennined by the official census every ten yeai*s; and the number of members at first shall be one hundred and ninety-four, distributed as follows : Upper Canada 82 Lower Canada 65 Nova Scotia 19 New Brunswick 16 Newfoundland 8 Prince Edward Island 6 18. Until the official census of 1871 has been made up, there shall be no change in the number of representatives from the several sections. 19. Immediately after the completion of the census of 1871, and immediately after every decennial census thereafter, the repi*e- (•ONFEDERATION. 69 sentation from each section in the House of Commons shall be readjusted on the basis of population. ' ' •>:••.•. •m ; 20. For the purpose of such readjustments, Lower Canada shall always be assigned sixty-five membei-s ; and each of the other sec- tions shall, at each readjustment, receive, for the ten years then next succeeding, the number of niembera to which it will be entitled on the same ratio of representation to population as Lower Canada will enjoy according to the census last taken by having sixty-five members. 21. No reduction shall be made in thd number of members returned by any section, unless its population shall have decreased, relatively to the population of the wliole Union, to the extent of five per centum. • . . 22. In computing, at each decennial period, the number of members to which each section is entitled, no fractional parts shall be considered, unless when exceeding one half the number entitling to a member, in which case a member shall be given for each such fractional part. 23. The Legislature of each Province shall divide such Province into the proper number of constituencies, and define the boundaries of each of them. 24. The Local Legislatui*e of each Province may, from time to tune, alter the Electoral Districts for the purposes of representa- tion in the House of Commons, and distribute the representatives to which the Province is entitled in any manner such Legislature may think fit. 25. The number of membei-s may at any time be increased by the General Parliament, regard being had to the proportionate rights then existing. 26. Until provisions are made by the General Parliament, all the laws which, at the date of the proclamation constituting the Union, are in force in the Provinces respectively, relating to the qualification and disqualification of any person to be elected or to sit or vote as a member of the Assembly in the said Provinces respectively; and relating to the qualification or disqualification of voters, and to the oaths to be taken by voters, and to Returning Officers and their powei-s and duties ; and relating to the proceed- 70 CONFEDERATION. iiigs at elections, and to the period durin£r which such elections may be continued; and relating to the t' ■ )f controvei'ted elec- tions, and the i>roceedings incident thereto ; and relating to the vacating of seats of menil»ei*8, and to the issuing and execution of new writs in case of any seat being vacated otherwise than by a dissolution, shall res]jectively apply to elections of members to serve in the House of Commons for places situate in those Pro vinces respectively. , > !;•;•;♦ ';*v'i">,,5 27. Every House of Commons shall continue for five yeai-s from the day of the retui'U of the writs choosing the same, and no longer; subject nevertheless, to be sooner prorogued or dissolved by the Governor. 28. There shall be a session of the General Parliament once at least in eveiy year, so that a period of twelve calendar months shall not intei-vene between the last sitting of the General Parlia- ment in one session and the first sitting thereof in the next session. : 29. The General Parliament shall have power to make laws for the peace, welfare and good government of the fedei*ated Proviiices (saving the sovei-eignty of England), and especially laws respecting the following subjects : .., ,, ,-, ,. , ,.. >,.j., ,j, .-. ^ ,„.,,,., 1. The public debt and property. ,;»,,?• 2. The regulation of trade and commerce. 3. The imposition or regulation of duties of customs on impoi-ts and exports, exce[)t or. exports of timber, logs, masts, spai-s, deals and sawn lumber, and of coal and other minerals. - ,,., (;.,>;,■.■-?,■,;■ ^ .^/f /'icJitvn-iv* 4. The imposition or regulation of excise duties. 5. The raising of money by all or any other modes or systems of taxation. G. The borrowing of money on the i)ublic credit. 7. Postal service. 8. Lines of steam or other ships, railways, canals and other works connecting any two or more of the Provinces together, or extending beyond the limits of any Pro- vince. 9. Lines of steamships between the federated Provinces and countries. CONFEDERATION. II 10. Telegi'aphic communication, and the incoi-poration of telegrapliic companies. 11. All such works as shall, although lying wholly within any Province, he specially declared, by the Acts autho- rizing them, to 1)6 for the general advantnge. 12. The census. 13. Militia; Military and Naval service and defence. 14. Beacons, buoys and light-houses. 15. Navigation and shipping. ; ' ' -* : f ^ , > •■, < ( ^t 16. Quarantine. ; • > .. • .v; 17. Sea-coast and inland fisheries. ' r 18. Ferries between any Province and a foreign country, or between any two Provinces. 19. Currency and coinage. 20. Banking, incorporation of Banks, and the issue of paper money. 21. Savings Banks. • • , • ; . , • 22. Weij^hts and measiires. ■. • i ■ 23. Bills of exclmiige and promissory notes. 24. Interest. : t: \ ■ 25. Legal tender. , ,., >: , 2G. Bankniptcy and insolvency. (.;.,, 27. Patents of invention and discovery. , 28. Copyrights. ''' ' ... , 29. Indians, and lands reserved for the Indians. 30. Naturalization aiid aliens. 31. Marriage and divorce. 32. The Criminal Law, excepting the constitution of the Coui-ts of criminal jurisdiction, but including the jn-ocedure in criminal matters. 33. Rendering uniform all or any of the laws relative to property and civil rights in Upper Canada, Nova Scotia, New Brunswick, Newfoundland and Prince Edward Island, and rendering uniform the procedure of all or any of the Courts in these Provinces ; but any statute for this purpose shall have no force or authority in any Province until sanctioned by the Legislature thereof. CONFEDERATION. 34. The establishment of a General Court of Appeal for the federated Provinces. 35. Immigration. '•'■ / 36. Agriculture. - (> . ' 37. And generally respecting all matters of a general charac- ter, not specially and exclusively reserved for the Local Governments and Legislatures. t. I' *?l 30. The General Govemniont and Parliament shall have all powers necessary or proper for performing the obligations of the federated Provinces, as part of the British Empire, to foreign countries, arising imder treaties between Great Britain and such coiintries. ,.-•.::... ":;'.i. •.,• ...... •.;■.:•::(•, ',. .„ ■ n. ■-^-.■:'' 31. The General Parliament may also, from time to time, establish additional Courts; and the General Government may appoint Judges and officers thereof, when the same shall appear necessary or for the public advantage, in order to the due execution of the laws of Parliament. * ' "> 32. All Courts, Judges and officers of the several Provinces shall aid, assist and obey the Geneml Government in the exercise of its rights and powers, end for such purposes shall be held to be Courts, Judges and Officei-s of the General Government. 33. The General Government shall appoint and pay the Judges of the Superior Courts in each Province, and of the County Courts of Upper Canada, and Pai-liament shall fix their salaries. 34. Until the consolidation of the laws of Upper Canada, New Bruns\^ick, Nova Scotia, Newfoundland and Prince Edward Island, the Judges of these Provinces appointed by the General Govern- ment shall be selected from their respective Bars. 35. The Judges of the Courts of Lower Canada shall be selected from the Bar of Lower Canada. . 36. The Judges of the Court of Admiralty now receiving sala- ries shall be paid by the General Government. 37. The Judges of the Superior Courts shall hold their offices during good behaviour, and shall be removable only on the address of both Houses of Parliament. CONFEDERATION. LOCAL GOVERNMENT. 73 38. For each of the Provinces there shall be an executive officer styled the Lieutenant-Governor, who shall be appointed by the Governor-General in Council, under the Great Seal of the Fede- rated Provinces, during pleasure ; such pleasure not to be exercised before the expiration of the first five years, except for cause ; such cause to be communicated in writing to the Lieutenant-Governor immediately after the exercise of the pleasure as aforesaid, and also by message to both Houses of Parliament, within the first week of the first session afterwards. 39. The Lieutenant-Governor of each Province shall be paid by the General Govenunent. 40. In vmdertaking to pay the salaries of the Lieutenant- Governors, the Conference does not desire to prejudice the claim of Pi'ince Edward Island upon the Imperial Government for the amount now paid for the salary of the Lieutenant-Governor thereof. 4L The Local Government and Legislatiu'e of each Province shall be constructed in such manner as the existing Legislature of such Province shall provide. 42. The Local Legislatures shall have power to alter or amend their constitution from time to time. 43. The Local Legislatures shall have power to make laws respecting the following subjects : 1. Direct taxation and the imposition of duties on the export of timber, logs, masts, spare, deals and sawn lumber, and of coals and other minerals. 2. Borrowing money on the credit of the Province. 3. The establishment and tenure of local offices, and the appointment and payment of local officera. 4. Agriculture. > .5. Immigration. 6. Education; saving the rights and privileges which the Protestant or Catholic minority in both Canadas may possess as to their denominational Schools, at the time when the Union goes into operation. 6 f - 74 CONFEDERATION. 7. The sale and management of public lands, excepting lands belonging to the General Government. 8. Sea-coast and inland fisheries. '■ " 9. The establishment, maintenance and management of peni- tentiari&s, and of public and reformatory prisons. 10. The establishment, maintenance and management of hospi- tals, asylums, charities, and eleemosynary institutions. Municipal institutions. Shop, saloon, tavern, auctioneer and other licenses. Local works. The incorporation of private and local companies, except such as relate to matters assigned to the General Parliament. " ' ■-■■■' Property and civil rights, excepting those portions thereof assigned to the General Parliament, i- , ' Inflicting punishment by fines, penalties, impi'isonment, or otherwise for the breach of laws passed in relation to any subject within their jurisdiction. The administration of justice, including the constitution, maintenance and organization of the courts — both of civil and criminal jurisdiction, and including also the procedure in civil matters. And generally all matters of a private or local nature, not assigned to the General Parliament. ' " ' --t'^ 11 12 13 U 15 IG 17 18 44. The power of respiting, reprieving and pardoning prisoners convicted of crimes, and of commuting and remitting of sentences, in whole or in part, which belongs of right to the Crown, shall be administered by the Lieutenant-Governor of each Province in Council, subject to any instructions he may from time to time receive from the General Government, and subject to any provi- sions that may be made in his behalf by the General Parliament. MISCELLANEOUS. 45. In regard to all subjects over which jurisdiction belongs to both the General and Local Legislatures, the laws of the General Parliament shall control and supersede those made by the Local CONFEDERATION. 75 Legislature, and the latter shall be void so far as they are repug- nant to, or inconsistent with the former. . I 46, Both the English and French language may be employed in the General Parliament and in its proceedings, and in the Local Legislature of Lower Canada, and also in the Federal Courts and in the Coux'ts of Lower Canada, 47, No lands or property belonging to the General or Local Government shall be liable to taxation. 48, All bills for appropriating any part of the public revenue, or for imposing any new tax or impost, shall originate in the House of Commons, or in the House of Assembly, as the case may be, 49, The House of Commons or House of Assembly shall not originate or pass any vote, resolution, address or bill, for the appropriation of any part of the public revenue, or of any tax or impost to any purpose, not first recommended by message of the Governor-General, or the Lieutenant-Governor, as the case may be, during the session in which such vote, I'esolution, address or bill is passed. . , ,. ;' .,, ; .i^- ; .••: 50, Any bill of the General Parliament may be resei'ved in the usual manner for Her Majesty's assent; and any bill of the Local Legislatures miy in like manner be reserved for the consideration of the Governor-General, " .; .■; - ly- ,.,,.. ....•: .- 51, Any bill passed by the General Parliament shall be subject to disallowance by Her Majesty within two years, as in the case of bills passed by the Legislatures of the said Provinces hitherto; and in like manner any bill passed by a Local Legislature shall be subject to disallowance by the Governor-General within one year after the passing thereof, 52, The Seat of Government of the Federated Provinces shall be Ottawa, subject to the Royal Prerogative. 53, Subject to any future action of the respective Local Govern- I ments, the Seat of the Local Government in Upiier Canada shall be Toronto; of Lower Canada, Quebec; and the Seats of the Local Governments in the other Provinces shall be as at present. I- i ■i I . 4 j| 76 CONFEDERATION. PROPERTY AND IJABILITIES. 64. All stocks, cash, bankers* balances and securities for money belonging to each Province, at the time of the union, except as hereinafter mentioned, shall belong to the General Government. 55. The following public works and property of each Province, shall belong to the General Government, to wit : 1. Canals. 2. Public harbours. 3. Light-houses and piers. 4. Steamboats, dredges and public vessels. 6. River and lake improvements. 6. Railways and railway stocks, mortgages and other debts due by railway companies. 7. Military roads. 8. Custom houses, post offices and other public buildings, except such as may be set aside by the General Gov- ernment for the use of the Local Legislatures and Governments. ■ ' ' 9. Property transferred by the Imperial Government and known as ordnance property. 10. Armories, drill sheds, military clothing and munitions of war. 11. Lands set apart for public purposes. 56. All lands, mines, minerals and royalties vested in Her Majesty in the Provinces of Upper Canada, Lower Canada, Nova Scotia, New Brunswick and Prince Edward Island, for the use of such Provinces, shall belong to the Local Government of the terri- tory in which the same are so situate ; subject to any trusts that may exist in respect to any of such lands, or to any interest of other persons in respect of the same. 57. All sums due from purchasers or lessees of such lands, mines or minerals at the time of the union, shall also belong to the Local Governments. 58. All assets connected with such portions of the public debt of any Province as are assumed by the LocaJ Governments shall also belong to those Governments respectively. tmmwwm CONFEDERATION. 77 59. The several Provinces shall retain all other public property therein, subject to the right of the General Government to assume any lands or public property required for fortifications or the defence of the country. 0)0. The Greneral Government shall assume all the debts and liabilities of each Province. 61. The debt of Canada, not specially assumed by Upper and Lower Canada respectively, shall not exceed at the time of the union, $62,500,000; Nova Scotia shall enter the union with a debt not exceeding $8,000,000, and New Brunswick with a debt not exceeding $7,000,000. 62. In case Nova Scotia or New Brunswick do not incur liabilities beyond those for which their Governments are now bound, and which shall make their debts at the date of the union less than $8,000,000 and $7,000,000 respectively, they shall be entitled to interest at five per cent, on the amount not so incurred, in like manner as is hereinafter provided for Newfoundland and Prince Edward Island ; the foregoing resolution being in no respect intended to limit the powers given to the respective Governments of those Provinces by Legislative authority, but only to limit the maximum amount of charge to be assumed by the General Government. Provided always that the powers so conferred by the respective Legislatures shall be exercised within five years from this date or the same shall then lapse. 63. Newfoundland and Prince Edward Island not having in- curred debts equal to those of the other Provinces, shall be enti- tled to receive, by half-yearly payments, in advance, from the General Government, the interest at five per cent, on the diflfer- ence between the actual amount of their respective debts at the time of the union, and the average amount of indebtedness per head of the population of Canada, Nova Scotia and New Brunswick. 64. In consideration of the transfer to the General Parliament of the powers of taxation, an annual grant in aid of each Province shall be made, equal to 80 cents per head of the population, as es- tablished by the census of 1861, — ^the population of Newfound- land being estimated at 130,000. Such aid shall be in full settlement of all future demands upon the General Government ) . n CONFEDERATION. ■ for local purposes, aud shall be paid half-yearly in advance to each . Province. . . 65. The position of New Brunswick being such as to entail large immediate charges upon her local revenues, it is agreed that for the period of ten years from the time when the union takes eflfect, an additional allowance of $G3,000 per annum shall be made to that Province. But tliat so long jis the [liability of that Province remains under $7,000,000, a deduction equal to the interest on such deficiency nhall bo made from the $G3,000, CG. In consideration of the surrender to the General Govern- ment by Newfoundland of all its rights in the mines and minerals, and of all the ungi'antod and unoccupied lands^of the Cro\vTi, it is agreed that the sum of $150,000 shall each year be paid to that Province, by semi-annual payments. Provided tliat that Colony shall retain the right of opening, constructing and controlling roads and bridges through any of the said lands, subject to any , laws which the General Parliament may pass in respect of the same. G7. All engagements that may, before the union, be entered into with the Imperial Government for the defence of the country, shall be assumed by the General Government. 68. The General Government shall secure, without delay, the , completion of the Intercolonial Railway from Hivicre-du-Loup, through New Brunswick, to Truro in Nova Scotia. . ,. ,.,, 69. The communications with the North- Western Territory, and the improvements required for the development of the trade . of the gi-eat West with the seaboard, are regarded by this Confer- . ence as subjects of the highest importance to the Federated ( Provinces, and shall be prosecuted at the earliest possible period • that the state of the finances will permit. 70. The sanction of the Imperial and Local Parliaments shall be sought for the Union of the Provinces, on the principles adopted by the Conference. 71. That Her Majesty the Queen be solicited to determine the rank and name of the Federated Provinces. 72. The proceedings of the Conference shall be authenticated by the signatures of the delegates, and submitted by each delega- ^'f .fi CONFEDERATION. 79 tion to its own Government, and the Chairman is authorized to submit a copy to the Governor-General for ti-ansmission to the Secretary of State for the Colonies. It will be observed that these i-esolutions differ in some material respects from those ultimately adopted at Westminster, which formed the final basis of the articles of Confederation, and were embodied in the British North America Act 18G7. As the financial arrangements constituted the piincipal difficulty throughout the preliminary negotiations, and were afterwards in the Confedei-ated Parliament frequently made the subject of much discussion, and of many very difierent constructions, it would be as well to preserve the statements and figures made and used at the Quebec Conference. They were subsequently tabulated* and iin-anged under the direction of Mr. Gait, the Finance Minister, and were officially published in the early part of the winter of 1865. * Vide Appendix A. 0:O [80] CHAPTER III. Banquets at Quebec and Montreal — Public sentiment in Lower Canada — Conduct of the Press — Custom of the ancient Germans folio ved by the English — Speeches at Quebec — Reception by the Laval University — Reception at Montreal — Education of the public mind — Remarks of Dele- gates and Local Members xt Montreal — A.D. 1864. On. the 28tli Octobei", the Convention closed its sittings at Quebec, and adjourned to Montreal. We will now pause, and, looking at the cun-ent events that suiTom:ded the Convention while at Quebec, endeavour to trace the fonaation of public opinion on the impoi'tant subject \inder the consideration of its members. The Resolutions themselves were not made public in extenso, because the delegates had fii-st to report them to their respective Governments ; but the purport of them was* sufficiently known, through the instrumentality of the press, to enable a tolerably •iorreot estimate to be formed of their character. The one broad fact, at any rate, was proclaimed — that the representatives of the several Provinces had agreed upon a plan for tmion of all British North America, and that its future consolidation was to some degree secured. It is with the reception of this one fact by the public, rather than -with the details ot the plan, that we have at present to deal. It would be superfluous to observe, that during the sitting of the Convention, the well-known hospitalities of Quebec were extended to its members. Those giaceful courtesies which in pi'ivate life had mada its society the delight of strangers, and the capital of old Canada the most acceptable station to Hei Majesty's forces when serving abroad, were oflfei*ed ii profusion. But it is to public matters our attention must b*^ turned. The proceedings of the Convention were watched with intense interest by the repr'^sentatives of the press from the different centres of influence throughout the country ; and though, by the determination of the Convention to sit "ith closed doors, the CONFEDERATION. 81 individual action of members was but little known, the results, in some way, were always sure to reach the public ear. Thus day by day the public mind became imbued with the nature of those changes which were being suggested ; and though the actual tran- script might not go abroad, yet sufficient infonnation was obtained to indicate their tendency and character. The conduct of the press was most admii*able. No attempt was made to foster party preju- dice, or create local jealousies ; no effort to advance the individual triumph of one politician over another ; no fulsome eulogy. All was fair — a determination to wait until the whole j^-ojet was pi-omulgated ; not to anticipate, not to prejudge from objections to any particular part. The fabric must stand from its general solidity, what was weak sustained by what was strong, or it must fall, from its entire insufficiency to accomplish the end proposed. Tacitiis, in his " De Moribus Germanoiiim," states that it was the custom of tliat ancient people, wl en any great measure was to be proposed, or any great work undertaken, to gather together in generaj assembly, when much feasting took place, and gi-eat drunk- emiess prevailed, and there and then to discuss with the fullest freedom the subject matter they had met to consider, but not to determine upon it until the day after. Thus, he tersely observes i, " Deliberant dum fingere nesciunt, constituunt dum errare non possunt." They delibei-atc while they cannot feign ; they deter- mine when they cannot en\ Whether it be that this custom has descended, in some modified form, to our ancestors or not, we cannot exactly say ; but true it is, that it is the habit of the English-speaking i-ace and their descendants in every part of the world, to inaugurate great under- takings with eating and drinking. If a railroad is to be built, a constitution to be framed, a lord-mayor to be sworn in, a states- man to be complimented, a prince to be received, a charitable institutic to be founded, a dock to be opened, an asylum io be buUt, a call for money for any great work to be mude, a banquet must bo held. An Englishman is a queer man. Hard-fisted, hard-headed, hard-hearted, you may nevertheless lead him to any- thing — you can drive him to nothing. He has plenty of money — he will refuse it ; he has certain political rights — he wUl defy you 82 CONFEDERATION. to touch them ; things are good enougli as they are — he does not want any change. But reason with him, show him that a thing is right ; he Ls a gregarious animal ; convince his neighbours with himself ; make out your plan ; prove it to be solid and sensible, and likely to be productive of good ; appeal to his generosity ; give him time, and he will become as enthusiastic as before he was obdurate, as liberal as before he was close, as generous in the concession of rights as before ho was reserved, and as ready to go heart and soiil into the great change as before he was opposed. Have a banquet — he becomes uncontrollable ; and mid the cheers of the wine-cup, and the flowers of speech, his heart and hand and p\irse are open. But try to take his money from him against his vill, and he would not yield it, if it was to build a pathway to heaven ; try to trample upon a right, and no power on earth would make him concede it. This utilizing of a banquet is characteristic of the race in every part of the world, from Australia to Hudson's Bay. By its means the movers iia any gi-eat measure of progress become the expounders of their own proposition, and the public receive authoritatively the outlines thus announced. Fortunately, unlike the ancient Germans, we have not to discuss or determine at or after the banquet. The work is in some measure moulded before. It is only for heralding the birth we make use of the banquet, and to ask the public to become sponsors for the organism, whose sub- sequent attaimnent to maturity must depend iipon their approval. Quebec had its banquet under the auspices of the Board of Trade ; its citizens gathered together to do honor to the occasion a day or two before the Convention adjourned, and there, amid fniit and flowers, mid the drapery of friendly flags, mid the strains of martial music, and the cheers of excited men, the proposed Federation of British North America was fii-^jt authoritatively announced by the representatives of the several Provinces to their people. ; V ^ ; It is not proposed to give in full the speeches made on this and similar occasions, or in any of the parliamentary debates or public demonsti-ations throughout the thi*ee succeeding years immediately preceding Confederation. Selecting the leading points, condensing CONFEDERATION. 83 without weakening the infonnation conveyed, and avoiding, as far as possible, the reiteration by different speakers of the same idea, will afford, it is believed, a correct estimate of the gi-adual process by which a change in the constitutional government of the Provinces was brought about — a change for wliicli the public mind was prepared, and to which its tendencies were dii-ected. On this occasion Mr. Joseph, the President of the Board of Trade, who presided over the hospitable board, in giving the toast of the evening, " Our Guests, the Delegates from the Mari- time Provinces," declared : " That while the merchants of Quebec did not think they were called upon to express an opinion on the question of confederation itself, they all heartily desu-ed some change in their then position. They desired a thoi-ough commercial union. They desired that the unequal and hostile tariffs of tlie sevei'al Provinces should disappeai*. They wanted one tariff instead of five. They wanted a commercial union under the flag of Eng- land, strengthened still furihor by the iron ties of the Intercolo- nial Puiilway. They had long been in the habit of calling the Mai'itime Provinces sister colonies ; but notwithstanding this appellation, they were strangers to each other, as wjis shown by the diversity of tariffs ; but they hoped a new era was about dawning upon them." The Hon. Dr. Tupper, the Provincial Secretaiy of Nova Scotia, on behalf of that Province remarked : " That assembled as the delegates were in an endeavour to devise, under the authority and with tho sanction of the Crown of Great Britain, a l^etter system for their country, they were obliged to observe that conlidence as to their proceedings which was so ma- terial to the success of the undertaking. It would be very embar- rassing if the opinions of the Conference were sent broadcast throughout the country, and made a bone of contention before they were matured. They believed that the time had come when it was desii-able to choose a sounder and more judicious system for the British North Amei'ican Provinces.." He briefly refeixed to 84 CONFEDERATION. a few of the advantages likely to accnie irom a union with the Mari- time Provinces, " It was true," ho observed, " that the Canadians possessed a boundless country and a large population ; but with all their territory, population and resources, the Maritime Pro- vinces could offer them something necessary in forming a great nation. They would bring with them fifty or sixty thousand square miles of country, and an additional popidation of eight hundred thousand souls ; and it was needless to say that an addi- tion of eight hundred thousand consumers of the growing manu- factures of Canada was no small item. They did not require to unite with Canada for the purpose of taking anything from it, or of drawing upon its wealth or its resources. It was needless to say what Canada owed to the St. Lawrence, that great natural highway between the productive regions of the West and the ocean ; but great as it undoubtedly was, it was imperfect, inas- much as it was closed to navigation for live months of the year. The remedy for this state of things was the construction of the Intercolonial Railway. This work would provide a highway to the ocean over British territory, giving not political greatness alone, but commercial greatness likewise. The question under consider- ation was, however, a great and impoi'tant question in all its bear- ings. It was so great that the voice of faction was hushed. Throughout the whole of British North America the feeling pre- vailed that the magnitude of this question demanded that all partizanship should cease while the matter was being discussed." The Hon. Mr. Tilley, the Provincial Secretary of New Binins- wick, replied for that Province with equal frankness, and remark ing upon the coi'dial feeling, observed : " The delegates from the Lower Provinces were not seeking this union. They had assembled at Charlottetown in order to see whether they could not extend their own family relations, and then Canada intervened, and the consideration of the larger ques- tion was the result. He considered it right to make this remark, inasmuch as it had been asserted that the Maritime Provinces, weak and impoverished, were endeavouring to attach themselves to Canada, in order to reap the benefits aiising from such a union. CONFEDERATION. 85 This was not the case. He was in a position to state that, for the year 1864, after paying the interest on all tlieir debts, and after providing liberally for roods, bridges and other 2)ublic works, they would have a surplus of half a million." * * * Next alluding to the Intercolonial Railway project, he said, " their feeling on this subject was : ' We wont have this union unless you give us the i-ailway.' It was utterly impossible we could have either a politi- cal or commercial union without it." In replying to the toast of " The Commercial Prosperity of British North America," which had been given by Mr. James Bell Forsyth, one of the most prominent and respected merchants of Quebec, accompanied with the fervent wish that " we would have not only a railroad, but a uniform tariff, and not only a unifonn tariff, but such a union, whether fedei-al or legislative, as would give us unity of sentiment and community of interest," Mr. Gait, then Finance Minister of Canada, said : " With regard to the question of commercial prosperity arising out of this subject, he might remark, that in commerce we should never be contented with the minor advantages if we could get the major. What depressed the commercial energies of this coimtry 1 Because w 3 had hitherto been confined to two markets — English and the V nited States. Now a union with the Lower Provinces would not only give the benefit of theii* local markets, but would also open up to us the benefit of their foreign trade — a trade which, in one or two instances, Canada had once possessed, but lost. We had in our own Province a certain amount of the maritime element ; but not so much as we should have after a union with the sister Provinces. In these circumstances it was gratifying that those points in which they might be deficient would be amply supplied by the other Provinces. They were trying to encourage manufacturing in Canada. A supply of coal was a most important element of success in this respect, and Nova Scotia possessed that element. The great resources of the Mari- time Provinces had been amply shown, and it had been abundantly proved that they came not as seeking assistance, but in a broad iuid national spirit. He was glad their speeches would go forth 86 CONFEDERATION, to the public, and that it woukl be seen that the Provinces came together with a liberal and patriotic desire for mutual advance- ment, and to perpetuate and preserve British institutions in a truly British spirit." Sir Etionno Tach6, the venerable Chairman of the Convention, in replying to " Her Majesty's Ministers," remarked : " The existing administration in Canada had been formed for the express purpose of carrying out the important measure for which the delegates from the other Pro\dnces were then assembled at Quebec — the Confederation of the British American Provinces. The imion of British America had been recommended by Loi'd Durham, and though not then adopted, yet that portion of his report which had been adopted, namely, the union of Upper and Lower Canada, had doubled our population and trebled our resources in twenty years." With equal frankness, Hon. Mr. Carter, from Newfoundland; and the Hon. and gallant Colonel Gray, the Premier of Prince Edward Island, and Chairman of the Charlottetown Convention, replied for theii- respective Provinces. But it was not solely at public dinners and on festive occasions that the public approbation of the proposed change in the position and constitution of the Provinces was manifested. The litei-ary institutions were equally earnest in their cordial expressions .of concuiTence. Among others, the Laval University, renowned in the old city of Quebec for the number of distinguished scholars and able men it had already supplied to Canada, arranged a public reception at the University, and presented the Delegates from the Maritime Provinces with an address which is well worthy of being remembered. The venerable Bishop of Tloa, the administrator of the diocese of Quebec, the Rector, Devns, Professors and officera of the institution, with the pripils from the Quebec Stiminary, assembled in their hall, and gave to the occasion the solemnity which their presence among their fellow citizens always commanded. The Rector then read the following address : . ,j ,,, l .,.h. -^ , i,.:> CONFEDERATION. 87 Honorable Gentlemen, — There are in the lives of nations, as in those of individuals, moments of solemji import, on which their destiny hangs. The British Colonies of North America are now in one of those critical periods, the influence of wliich may even surpass our j)re vision. History -will hand down to posterity the names of those whom the confidence of tlieir fellow-citizens has entnxstcd with tliis great mission of examining the basis of our political constitution, and of proposing fundamental modifications. It is not the part of a literary and scientific institution to ex- press an opinion on the all-important questions of the day ; yet it cannot remain indifieient to debates which conconi our common country, understanding as it does how well worthy of the best wishes of all are the eminent personages on whoso shoulders weighs so heavy a responsibility. Moreover, the prosperity of nn institution such as this is too closely connected with the future of the country not to partake in the anxiety with which, from the sources to the mouth of the St. Lawrence, five millions of British subjects await the result of your important labors. The students of the Qfuebec Seminary and those of Laval Uni- versity, whom you see here united, also share in our emotion ; in after years some of them may, in their turn, be called on to guide the ship of the state, and to continue the construction, the foun- dations of which it is your mission to lay. "Whatever may be the issue of your deliberations, pemit us to assure you, honorable gentlemen, in the name of all our pupils and alumni, that your visit will be long borne in mind by them. Nor will it be without result, for, while engaged in the task of develo])ing their intelligence, they will be animated by the grateful remembrance of the honor conferred on tlieir alma mater by the presence of the most eminent and most influential men of this immense territory. • ^ . . 7; , ,, . , Hon. Dr. Tupper, on behalf of himself and associate delegates, read the following reply : ■;; p ■ ' ' ■-.i'-ii: ^i<.>lf)V::.,^!m^»i! w.i «8 CONFEDERATION. To the Very Rev. E. A. Taschereim, D.C.L., Rector of the University of Laval. Very Reveuend Sir, — We beg to express our grateful estimate of the very flattering ternas iu which we have been addressed by you on behalf of the Faculties and Alumni of this distinguished University, and of the Professor^ and Students of the Quebec Seminary. Engaged as we ai*e in the inipoi'tant duty of endeavouring, in conjunction with the Government of Canada, so to improve the political institutions of the Bi-itish American Provinces as to pro- mote the common interests of all, we are much gratified to learn that our high mission is duly appreciated at a great seat of learning from which the public sentiment of the country must be largely influenced. The Students of the Quebec Semmary, as also the Faculties and Alumni of Laval University, may rest assured that our best efforts will be exei'ted to find a wise solution of the great question which has been submitted to our deliberations ; but in any event, we will not soon forget the distinguished mark of respect which you have been pleased to offer us on the present occasion. (Signed) Charles Tupper, W. A. Henry, J. McCully, R. B. Dickey, A. G. Archibald, Nova Scotia. S. L. Tilley, W. H. Steeves, J. M. Johnston, E. B. Chandler, J. H. Gray, Chas. Fisher, New Brunswick. F. B. T. Carter, J. Ambrose Shea, Newfowndlaiid. J. H. Gray, E. Palmer, W. H. Pope, A. A. McDonald* ' George Coles, T. Heath Haviland, Edward Whelan, ,'■" ■ Prince JSdward Island. Thus, in every way in which public opinion could be judged of in Quebec, the movement in favour of Union was cordially approved of. But the enthusiasm was not less warm .is the Convention movcjd its deliberations westwai'd. On the 28th October the sittiags were adjournc its appr( Montroa and hosj I'eccption A magni Minister;- Williams tlie jMayc of i)olitic When Govcriiui had avaih of those '. them to 1 On the oc return, ca point out Union de outline of commence Convent io accomplisL But the these occa much bou: public affa in the afFa combinatio would be u act, and do announced, they have d Public mo] scrupulousl of the latte the former 7 CONFEDERATION. 89 adjourned to Montreal. The iiress was to a great degree united in its approbation of the contemplated measure. The citizens of Montreal were not less geuei-ous in their public demonstrations and hospitalities, than had been the citizens of Quebec. Public I'eccptions and municipal courtesies were extended on every side. A. magnificent banquet was given at the St. Lawrence Hall. The Ministers of State, the Commander of the Forces (Sir Fenwick Williams), the Governor of Nova Scotia (Sir R, G. McDonnell), the j\Iayor, prominent merchants and leading citizens of all shades of i)olitics attended. When in the Maritime Provinces, the members of the Canadian Government, at the request of the delegates of those Provinces, had availed themselves of similar o(;casions to explain to the people of those Provinces the reasons and advantages which appeared to them to render the Union desirable for the Maritime Provinces. On the occasion of the public demonstrations in Canada, they, in return, called upon the delegates from the INIaritime Provinces to point out to their people the reasons which would render the Union desirable for Canada ; and thus, ".s it were, we have an outline of that education of the publio mind on tliis subject which, commenced with a definite aim at the Prince Edward Island Convention, was followed up initil it terminated in the successful accomplishment of Confederation a few years after. But there is yet another reason why the observations made on these occasions should be recorded. Public men ought to be as much bound by their public declarations, oi)enly made, on the public affairs of theii* country, as piivate individuals are by theirs in the afTairp of private life. All confidence in negotiations, all combinations of states or commuixities for their common good, would be utterly worthless, if those who are vested mth power to act, and do act, can repudiate compacts solemnly made and publicly announced, because some unexj)ected circumstance may make what they have done tempoi-arily detrimental to theii* personal advantage. Public morality and public faith ought to be exacted even more scrupulously than private morality or private faith. A violation of the latte" may be injurious to the individual, but a violation of the former reflects dishonor upon the country, and lowers the '^t 90 CONFEDERATION. fitanclartl of tlioso wlio liavo been chosen by the people to fill places of trust and honor, in reliance on their integrity. On returning to their respective Provinces, and finding that the measure was not there as popular as they expected, some of the delegates immediately repudiated their acts and words at the Con- vention, and joined in resisting the Union, to the consideration of which, as members of the Government of their Province, they had acceded, and as members of the Quebec Convention had agreed to. Thus the original plan of Confederation to this day remains incomplete. The Island of Prince Edward, which, from its pecu- liar position with reference to the Fisheries would have been, and will yet bo, an important acquisition to the Confederation, remains isolated ; and Newfoundland, notwithstanding the earnest efforts of both Mr. Carter and Mr. Shea, who most ably represented that Island at the Convention, has not yet, by the action of its people or Legislature, expressed its assent. On the occasion of the banquet at the St. Lawrence Hall, in reply to the toast of his health. Sir R. G. McDonnell, Governor of Nova Scotia, after some preliminary observations, said : ** The moment was a very ci-itical one in the history of the Pro- vinces ; and suggestions, however patriotically made, ought not to be all at once accepted without due consideration. The whole future history, both of Canada and the Maritime Pi'ovinces, would no doubt be materially affected, for the better or for the worse, by the decision which the community at large and the different Legis- latures might make on these proposals. He trusted it would not be thought necessary to build up such a Union on a mass of guarantees and mutual suspicions. If you are to become a nation," he said, "you must lay its foundatiors in mutual confidence. On the other hand, if you once begin with the system of guarantees against one another, where is it to end 1 The end in view, with mutual confidence one towards another, might just as easily be attained by simple as by complicated means." To the toast of " The Delegates from the Maritime Provinces," the Hon. Adams G. Archibald, M.P., from Colchester, replied on behalf of Nova Scotia. He said : > . . ^ ' " Froi he found vincea, o people. Canada ( and its c The poop had little ledge, in should kr such infoi Provinces If the Lc magnificei their resoi of all the vince of I Canada in the contin Nova Scot out 'and e( the agricu did not pn in the fish( quantities country, who, if we ger to bear sively enga that intere ly, shippin, Scotia had was a fact, there was Scotia ther( industry of tical relatio CONFEDERATION. 91 " From the little acquaintance he had with Canadian gontlomon, he found that thei-c existed a very limited idea of the Lower Pro- vinces, of their resources, and of the character and habits of the people. He was not surprised at tliis. The business relations of Canada connected it with the United States and the old world, and its communications carried it beyond the Lower Provinces. The people of Canada saw nothing of the Lower Provinces, and had little knowledge of their resources or position ; little know- ledge, in fact, of that which the Lower Provinces desired Canada should know. The Delegates came here with a view to disseminate such information and state such facts us would shew that Lower Provinces would cheerfully assist in the construction of a nation. If the Lower Provinces could not equal Canada in grandeur and magnificence, they far exceeded her in the number and variety of their resources. He would not assume to sj)eak of the resources of all the Lower Provinces, but take as an instance his own Pro- vince of Nova Scotia, which was hardly known. The peo})le of Canada imagine that they possess the finest agricultural soil on the continent, but he could take any Canadian who wished it to Nova Scotia, to some of the fertile valleys of the west, and point out ^and equal to the best in the western peninsula. But though the agricultural interest in Nova Scotia was an important one, it did not predominate. A large portion of the people were engaged in the fisheries, and drew from their inexhaustible stores immense quantities of that which added to the richness and value of the country. And this pursuit trained up a large body of hardy men, who, if we become one nation, would be ready in the hour of dan- ger to bear the flag of England. But Nova Scotia was exten- sively engaged in manufactures and in the export of lumber. In that interest which was mixed up with the lumber interest, name- ly, shipping, he believed that, man for man, the people of Nova Scotia had a larger tonnage than any coxintry in the world. It was a fact, that for every man, woman and child in Nova Scotia there was about a ton of shipping. On the entire coast of Nova Scotia there were inexhaustible mines of that which influenced the industry of the world — coal. No change of circumstances or poli- tical relations could ever prevent the people of Nova Scotia from ,/| IMAGE EVALUATION TEST TARGET (MT-3) & {./ ■*■ Aif < *K % #A^ 1.0 I.I 13.2 is: «s I 2.0 1.8 i 1.25 1.4 1.6 •» 6" ► Vl W '> ■> 'V o A> / ^^ Hiotogr^hic Sdences Corporation 4^ V ^ :\ V \ ^ C^ > 33 WCST MAIN STREET WEBSTER, N.Y. 14SS0 (71«) S72-4S03 '^ b- :V H CONFEDERATION. 1 1 ' having that material which all tlio Atlantic States of the neigh- bouring country must have, and which they could get from no other place. Since 1858, when they were opened io free mining, twenty- five large coal mines had been opened, and it could be easily seen that with such resources the future of that countiy did not depend on its relations to any other country. As the Delegates from Canada travelled over the country what did they hnd ? That there were in one harbour no fewer than 80 square rigged vessels, representing a capacity of 1G,000 tons, employed to convey coals to the Americans on the Atlantic border. This was a scene re- peated in many harbours ; nevertheless, with all this supplying power, the Province was unable to supj^ly the demand for coal. The time had arrived when we were about to assume the position of a great nation, and such bejng the case, we should not shrink from its responsibilities. The people of the Lower Provinces en- tertain a magnificent idea of the grandeur which awaits us all. A united nation, we shall become a great country ; and the time is not ftir distant when a colossal power, growing up on the conti- nent, shall stand with one foot on the Pacific and the other on the Atlantic, and shall present to the world, even on this side of the Atlantic, the proof that monarchial institutions ar > not inconsis- tent with civil and religious liberty, and the fullest measure of material advancement." ,. , ,„ , ; i; . ^ Hon. Lieut.-Col. Gray, M.P. for St. J-^hn, New Bninswick, responded on behalf of that Province. He observed : " That while it was unquestion, ^ly the duty of statesmen to consider the bearing any question of importance might have upon the material interests of the people, it was equally their duty to remember there were occasions when kindred emotions and senti- ments rose superior to the cold calculations of interest, and pointed the wr.y to honor and .to patriotism. That was such an occasion. The presence of that vast assemblage was the public recognition of the fact that a question was then before the people of the greatest importance, momentous in its character, and pregnant with in- fluence upon the future destinies of tho country. The public men of the Maritime Provinces had for years looked to a union with CONPEDEBATIOX. m Canada. Year after year they had turned their attention to the construstion of the Intercolonial Railway, as tending towards that object. Their legislatures had passed bills, had gi-anted subsidies ; arrangements had been made with Canada : yet year after year, from causes which it would be difficult to explain, the object had eluded their gi'as]^, and it was only when it appeared beyond at- tainment that the Parliaments of the Maritime Provinces had directed certain of their leading men to assemble at Charlotte- town in Prince Edward Island, to consider how best a union could be effected among themselves, since one with Canada seemed unattainable. When assembled for that purpose the Ministry from Canada came down and proposed that, instead of remaining divided, they should come together, and lay the foundations of an empire to perpetuate on this continent the principles of British constitutional libei'ty. The proposition was received with un- qualified satisfaction. The Maritime Provinces were worthy of their regard. The amount of capital, the resources they would bring into the Union, their exhaustless mines, their broad coal fields, their deep sea fisheries, their hardy and enterprising popu- lation, would form no inconsiderable elements in the foundation of a great nation. The revenue of the four Maritime Provinces for the year 18G3 by the official returns amounted to !^2, 340,000, but so far as had yet been ascertained for the year 1804, there had been an increase of 20 per cent., bringing the amount to neaily $3,000,000, (three millions), an increase which, judging from the past financial history ot* those Pi'ovinces, might fairly be counted upon as still progressive. The imports and exports of the four Provinces from the same returns for tin year 1863, amounted to $44,200,000. He believed those of Canada had amounted to between $80,000,000 and $90,000,000. Thus it would be seen the trade of the Maritime Provinces Avas nearly the half of that of Canada. The population of the Maritin^e Provinces, as shewn by the census of 1857 and 18G1, (they were not taken in each of the Provinces in the same year), was 804,000 ; but allowing for the natural increase since those ]>eriods, might now be safely put down at 900,000. With reference to the shipping of the Mari- time Provinces, he said " the registered coniiage by the returns CONFEDERATION. of 1863 amounted to 645,530 tons, which at $40 per ton, a not unreasonable valuation, represented an available transferable pro- perty of $27,821,200, in one article alone ; and as an evidence of the soundness of the financial position of those four Province, during the then year, 1864, after paying all debts and liabilities, they would have a clear surplus of between $450,000 and $500,000, to bo applied to the future exigencies of the several Provinces as their respective legislatures might determine, each disposing, of course, of its own surplus. While, however, the revenue and position of Canada could not but be appreciated, he must observe that for six months in the year they were without the power of access to one mile of sea coast, except through the territory of their neighbours, They held their trade at the beck of a nation that might be their foe — a position, apart from all other consider- ations, inconsistent with the dignity of any countiy which desired to take its proper position in the world. The Maritime Provinces proposed to add their marine to that of Canada. British North America would then become the fourth maritime power in the world, England, France and the United States alone ha,ving a marine superior. Canada alone could not claim that position, nor could the Maritime Pi'ovinces. Isolated, their position was insig- nificant ; but united, there was no country — save England from whom they claimed their birth, save the United States whose power was derived from the same parent source, save France from whom many of those present had sprung — could take rank before them. In Canada were combined the talents and characteristics of the most industrious and energetic, as well as of the most cul- tivated and spirituel races in the world. Written on the pages of the history of this country were records of heroic deeds. From the Plains of Abraham the ascending spirits of Mo:itcalm and Wolfe, united in their death, left them the heritage of a common coiintry and a glorious name. Many men believed that a commer- cial union, a Zolverein, might accomplish the object sought to be obtained ; but in the opinion of practical men of integi-ity and experience, this could not be done. For the past ten or fifteen years the Provinces had been separately carrying on gi'eat public works, for which the public ci-edit had been pledged, and it was the dut^ « maintai: come th( clashed be gove would fli tain. T which th and the plain tha sible. Ii Turning bear in m of his coi France, tc they coul( towards t North An race if the mother co for themsi so. With the Marit sentatives sources, al the mainte of this uni to sanction the constn was alone in the dept make the f strangers t( of race. Tl importance call upon y of your ow] CONFEDERARION. w the duty of each Province, as it was indeed a point of honor, to maintain its credit irtact. While this was the case, it might be- come the interest of one Province to impose duties on articles that clashed with the interests of the other Provinces. Trade would be governed by no great or permanent principles. The tariff would fluctuate with local expediency, and be varying and uncer- tain. Therefore, in the absence of any general arrangement, by which the individual liability of each Province could be removed, and the general credit afterwards effectually mainti:-ined, it was plain that a commercial union of the kind referred ^o was impos- sible. It would fade away before the necessities of the occasion. Turning to the subject of national defence, he asked them to bear in mind how little each man contributed towards the defence of his country. He asked them to turn to Europe, to Russia, to France, to England, to the United States, and say upon what spot they could place a finger where the people contributed so little towards the defence of their homes as did the people of British North America. They would be unworthy of their heritage and race if they did . not take cognizance of the fact, and when the mother country declared that the time had come for them to act for themselves, they did not show that they were prepared to do so. Without violating any rule of secrecy, he might state that the Maritime Provinces had gone hand in hand with the repre- sentatives of Canada, and were prepared to place all theii' re- soiu'ces, all their wealth, all their power, in one general fund for the maintenance of the liberty and honor of all. If they approved of this union of their common interests, their first step would be to sanction, by the expression of their strong and earnest opinion, the construction of the Intercolonial Railway, that work which was alone required to bring them together, which would give them in the depth of their long winters free access to the sea, and would make the people of the Maritime Provinces and of Canada, now strangers to each other, brothera in identity of interests as well as of race. The question of the union of the Provinces was one of deep importance. And," continued the honorable gentleman, " I now call upon you, Canadians, by your own name, here in the presence of your own hills, which rose to their majestic height ere yet your 96 CONFEDERATION. race began, — here in the presence of your own St. Lawrence, hal- lowed by the memory of Cartier, and spanned by one of the noblest ti iumphs of modern skill, — by the memory of the past, by the spirit of tlie present, by the hopes of the future, — I call upon you to rally round a proposition which will tend to perpetuate the glory of your name, and promote the prosperity and happiness of your people." Hon. John Ambrose Shea, of Newfoundland, on rising to return thanks on behalf of the colony which he represented, was greeted with hearty cheers. He said : .^ il " In considering a union of the Provinces, it became necessary to take into account the position of* the proposed Confederation with I'egard to safety and defence. In this view, the position of the Island of Newfoundland became one of marked significance. Were this colony in the hands of a hostile power in war time, the trade of Canada would be hermetically sealed, as if perpetual winter prevailed. Newfoundland had a coast of twelve hundred miles, with some of the finest harboui-s in the world, in which ships might repose in security. The main stay of Newfoundland, the main element of its wealth was, however, its fishe^' s, in which were employed 30,000 men, able, hardy, industrious, fit sailors for anything in which daring and energy were required. In the article of fish it had commercial relations with almost eveiy maritime nation in Europe, with Brazil and the United States. With the Colonies of British North America, however, its relations were very limited. The imports of Newfoundland were from five to six millions annually ; the exports were six or seven millions per annum. The exports almost invariably exceeded the imports. Three hundred and fifty vessels were employed in seal fishing, manned by about fourteen thousand men, the very best and most active portion of the community. The revenue of Newfoundland was higher than that of any of the British North American Provinces, man for man of the population, because it imported almost everj-thing it required. With a population of 130,000, it liad a revenue of $500,000 to $550,000. The debt, he was ',^/ CONFEDERATION. »r happy to say, was not veiy large, compared with the other colo- nies, being about $900,000. Represented by public l)uildings of various descriptions, the Province had ample tangible value for all the money it had expended ; while such was the credit in which its securities were held, that the Government had no difficulty, even at the present moment, when, the rate of interest in England was uniisually high, in raising money at 4i per cent. There were about twelve hundred vessels entering and clearing annually, going to all countries. Wi^li regard to the financial position of the Island, he might say that perhaps it was sounder than that of any of the Colonies or States of America, in spite of the unusual vicissitudes of trade. He had said that the imports amoixnted to between five and six millions. Now, of this they received from $1, 500,000 to $1,750,000 in value from the United States, chiefly in floiu*, butter, and other articles of that description. A very small proportion of imports came from Canada. Why ? Was it because the United States offered superior commercial advantages ? This was not the case ; they could generally purchase on tetter terms in Canada than in the United States. It would no doubt be said that political arrangements could have no effect, could exercise no control over matters of this kind. That doctrine, however, had its limits, which were in some cases very remarkable. But let them look at the Intercolonial Railroad as an illustration. That road would be productive of the most important commercial advantages to the people of these Provinces ; and yet, every one knew, that might have remained for yeara without any progress towards completion, had it not now become a political necessity. Plow did Newfound- land stand towards Canada at the pressnt moment ? Its people had to go to the United States to do business, for they had to pass by way of Halifax and Boston to reach Montreal. It took nearly a month to carry letters between Canada and Newfoundland and back, and the rate of postage was double what it w",s between the Colonies and Great Britain. If arrangements had been made designed for the purpose of preventing commercial intercourse, they could not have been made more effective than these. Give Newfoundland the means of entering into trade relations, and trade would soon spring up. A close connection with the mother 98 CONFEDERATION. country was what he believed all the Colonies desired ; and speak- ing for his own Province of Newfoundland, he would say he hoped the day was far distant when she would have forced upon her any other allegiance than that she now rejoiced to acknowledge," Hon. Edward Whelan, M.P„ of Prince Edward Island, in speaking on behalf of that Island, said : ■b ** The Confederation, if perfected, wouM give all the Colonies a national and indivisible character ; and commercial and pecuniary motives, if no other of a sterner nature prevailed, should certainly teach them to unite. There should be no hostile or restrictive tariffs between the several Provinces, no dissimilar postal regula- tions, no dissimilarity in currency and exchange. Our commerce, 80 much of which now flows into other channels, where we get little thanks for it, would diffuse its enriching streams amongst ourselves, and nothing could possibly prevent us from becoming a great and powerful confederacy. It would be the duty of public men in each and everv Province, whose representatives were then in Canada, to educate the public mind up to the adoption of their views. The task might be a tedious, difficult and protracted one ; but no great measure was ever yet accomplished, or worth much, unless surrounded with difficulties. Deferring reverently to the public opinion of his own Province, he would cheerfully go amongst its people, and, explaining it as well as he couM. would ask them to support a measure which he believed would enhance their pros- perity. Few and comparatively poor as the population of the Island of Prince Edward may be now, its fertile fields and valleys are capable of supporting a population at least three times greater than it is at present. It was once designated the garden of the St. Lawrence, and it was a valuable fishing station for Canada during the occupation of the French under Montcalm. It still possesses all the qualities of a garden, and its rivers and bays still aboimd with fish. He desired that those great resources should become as well known now and in the future as they were in by-gone days; and regarding the advantages which modem improvements and institutions afforded as auxiliaries to the CONFEDERATION. natural resources of his Colony, he was satisfied that she could not fail to become very prosperous and happy under the proposed Confederation." Hon. T. Heath Haviland, a delegate from Prince Edward Island also, followed in a i^hort and effective speech, expressing his con- viction of the benefits that would acciiie to his own Island as well as to the other Provinces from the contemplated union. Hon. George E. Carticr, M.P., Attorney-General East, having been called upon, rose amidst great cheering, and said : "The question which, we may say, brings us together this evening, is of great moment. Every one knows that throughout the British Noi-th American Provinces at this time, people are discussing the question whether it is possible for those Provinces to form a strong government under a system of administration which will allow all the general interests of the Provinces con- cerned to be dealt with by a general government, and will leave all purely local matters to a local government. This is the question which is agitating all the American Provinces. I know that it may be expected from me, perhaps on account of what has fallen from some of the speakei*s, to disclose the proposals of the Conference at this entertainment ; but that cannot be the case. The proceed- ings of those who have taken part in these deliberations are confi- dential ; they must first be made known to our Governments, and they have to be made known to the Imperial Government. Every one must understand the delicacy of the trust reposed in ua. With regard to this question of Confederation, and with regard to my political alliance with Mr. Brown, I must say that he has kept faithfully to his work. I must repeat to you what I stated while in the Lower Provinces, that wliile we possessed the personal and territorial elements which go to constitute a nation, we were want- ing in the maritime element. During six months of the year we had to knock at the door of our neighbour in order to carry on our trade. This cannot >e tolerated. This Confederation must be be carried out. I know that every citizen of Montreal will under- stand that at this critical time we should lock to Nova Scotia, to 4 i '. i 3 1^- 100 CONFEDERATION. i, New Bnitiswick and Prince Edward Island for the elements want- ing in Canada to make a great nation. I do not mean a nation distinct from the motlior country. I Avish that all the poA<-ers granted by the mother country to the Colonies should be combined, ill ordor to make, as far as we can, one groat nation. I am confi- dent — and I have stated it on many occasions — that the union of Upper and Lower Canada has achieved wonders for the two Pro- vinces. The prosjierity to which we have risen under the union of the Provinces, encourages a still larger union. In treating of the (piestion of race, with regard to this great Confederation, looking to England you will liud three distinct nationalities. Each of these has contributed to the glory of England. Who would like to take from England the glory conferrec^ on her by any one of the three nationalities — by the son of Erin o " the Scot 1 I think the glory of England might not have been eq"il to what it is, if the three nationalities had not been united, \> . s it sur- prising that some should try to find difiicultics in the wa^' of the foi-mation of a union, because there happened to be different races and religions i I have already spoken of the elements which are necessary to constitute a nation. Every one knows that England is great ; she has achieved a grcnit deal more than any nation whose history we know. The Ilo]nans could not keep their colonies, because they were wanting in one of the elements which England possesses — the commercial element. Without detracting from the power of England, I think, when we come to analyse it, we will find that it will not be so great without taking into account her commercial power. A.i soon as a colony is conquered by the bravory of her soldiers and seamen, the work is taken up by her merchants, who cause the colony to prosper to such an extent that it is the interest of England to bring her army and fleet to protect it. The prosperity of the two sections of Canada illustrates thisr fact. With our prosperity we are enriching the American States, whereas we ought to be enriching our own States ; we ought to be enriching s]uch harbours as St. John and Halifax. And then, with , regard to Newfoundland, as had been stated by Hon. Mr. Shea, she stands at the bottom of the St. Lawrence, and is the key to foreign trade. When we ai-e politically connected with Newfound- CONFEDERATION. 101 land, this will afford un opening that we cannot yet appreciate. Thoro will bo no direct taxation, if iho (Jovoniuient bo wise and prudent." Tho honorable gentleman referred with gi-oat force to the advan- tages to be derived from niiion in case of hostile attacks upon tho country from abroad, and concluded his observations amid great appla\ibe. The Hon. Tlioa. D'Aicy McGee, M.P., was loudly called for, and rose amidst great cheering. His reception was a perfect ovation, and proved how deeply seated was the feeling in his fuvor among the citizens of Montreal. Tho waving of handkerchiefs almost constituted a canopy above the heads of the guests, and it was not until after long protracted cheeiing he could be heard. Subsequent events have cast a melancholy interest around his name, and it is gratifying to recall that proof of the esteem in which a statesman was held, whose i)0wer for disturbance at the time was incalculable, but whose efforts were devoted to conciliation, and whose life was ultimately saciiiiced for his country. He said : J' ■:■■'> tl \ 4: ^1 « :;' I " It was necessary that those engaged in the work should have with them, and he trusted they would have with them, the public opinion and the countenance of the people of Montreal, and of the people of Canada." He then proceeded to tonch upon what the Delegates might tell their constituents upon their return home. " They might say that we desired the Confederation for the sake of self-defence, common advancement, coming into union well dowered. They might say that Canada desired this union, though at present the public mi ad was not fully alive to the ad- vantages to be derived from it ; that if she goes into it she goes into it for no small or selfish purposes ; that the people of Canada are year by year becoming more liberal and enlightened in their views ; that we did not speak of cutting each other's throats for the love of God : they could say that in Canada religious bigotry was at a discount. He could point them to the place where that bigot withered upon his stock ; that where he was held in honor no man is now bo mean as to dc him reverence. That we have I' 102 CONFEDERATION. not amongst us bigotry of classes or bigotry of race ; or the belief that no good could como oiit of Nazareth, or any religion but their own. That the day Of these small things had passed aw y *n Canada ; tliat we respected one another's opinions, and had shown ourselves fit to be freemen by allowing every class, every sect and every creed to manage their own affairs, so long as they did not trouble the peace and happiness of the community. He thought they might say all this in regard to Canada." Hon. Mr. observed : Gait being loudly called upon to speak, rose and " He hoped that the discussion of this public question would induce gentlemen to look at it in all its bearings, and that they would find that what was good for Canada would be good for the Lower Provinces, and for all sections of the British dominions. K our institutions have borne any fruit at all, they have borne the fruit of harmony. He believed we were united in one common movement for the benefit of Upper and Lower Canada. He be- lieved the vinion would be productive of good to both Canada and the Maritime Provinces. If we want an open port, we could find it in St. John or Halifax. He was not disclosing any secret when he said this, that so far as the protection of the interests of the people of Upper and Lower Canada was concerned, there was no secret to be kept ; the arrangements were made in a way to do honor to his friend, Mr. Cartier. It was not a light thing for people to trust their prosperity and happiness in the future to others. But he was sure that a veiy prudent eflfort had been made to try and bring about a state of things that would rescue them from the troubles that threatened." Thus closed the demonstrations in the Province of Lower Canada. [103] CHAPTER IV. Public sentiment in Upper Canada (now Ontario) — Selection of Ottawa as the seat of Government— Description — Reasons for — Propriety of—Ultimate future and requisites for, as the Capital of the Dominion — American legis- lation and action on the ' lection of Washington — ^IJantjuet at Ottawa — Observations of speakcis ''-nrpiet at Toronto — Ditto — ICxplanations of " details by lion. Geo. Brown — Rude awakening of the Maritime Delegates on their return to Nova Scotia and New Brunswick — A. D. 1864. On the 31st October the members of the Convention, having formally closed their sittings at Montreal, and concurred in the report to be made to their respective governments, j)roceeded by invitation to visit the important cities of the Province of Ontario, at that time, though its separate political organization had been merged by the act of union of 1841, still bearing its old name of Upper Canada. Except from the somewhat general approval of the press of that Province — general because the details of the pro- posed Confederation were yet unknown — there had been no cer- tain test of the manner in which the proposition would be there received. Holding the position of greatest power among the Provinces, greatest in wealth and population, foremost in enter- prise and progress, restless in political development, and the home of that gi'eat liberal party which, commencing with the demand for responsible government, had concentrated its energies on the absolute assertion of representation by population, to such a de- gree that the powers of the combined parties who wielded the administration of the government of Upper and Lower Canada had been paralysed, and the material and political advance of the country stayed, it was a matter of deep anxiety to know how, when speaking for themselves, in their public demonstrations, in their masses when brought together, when crowds speak unfetter- ed by the restraints of party or personal considerations — that great lower voice which, like the rumbling that precedes the earthquake, tells after all of the great power of the people, and of their determination, — how, under such circumstances, the ener- getic people of that Province would receive the proposition. 04 CONFEDERAT'.ON. I i It must not be supposed foi* one moment that the speakers at the festivals hitherto or hereafter referred to, were the promulga- tors of new ideas, or the sole possessors of the knowledge then put forth. The public mind throuijhout the whole country was im- pressed with the necessity of some change, and a change in the direction of the t racter i)roposed. The speakers merely had the effect of concentrating the i)ublic attention, of fusing the public powei' and the public enei'gy into molten action. "We have often seen scattered throughout a field the materials of a great confla- gration, or still more in the workshops of science the rude and fragmentary elements of great strength lying here and there inert and powerless, suddenly, by the application of the torch or the power of the forge, bursting into flame or running into molten masses resistless in their course. Such was the state of the public mind, and such the consequences of its power when wakened into movement, and Ontario on this occasion shewed her strength. The agricultural districts, the great grain producing division of Canada, was not less loud or less generous in its approval than the more commercial division of its rival, the Province of Quebec. From Montreal to Ottawa, from Ottawa to Toronto, from Toronto to Hamilton, all along the line there seemed to be but one ex- pression of opinion, welcome to the representatives and assent to the proposition. It would be impossible, as it is unnecessary, to give in detail all that was done or all that was said. Adhering as much as possible to the plan adopted with reference to Quebec and Montreal, it is proposed to limit observation to a synopsis of the remarks made at Ottawa and Toronto. ' f- y ;; : ;: A magnificent repast had been prepared by temporaiy arrange- ment in some of the rooms of the parliamentary buildings, then in course of construction at Ottawa, by Messrs. Jones and Haycock, the contractors. " At Ottawa," — it is as well to paiiso for a moment. To most of the delegates who were there assembled, parti culai-ly those from the Maritime Provinces, the place was entirely unkno^'n, or if known beyond the mere discussion regarding its selection, was known only as a shanty town, where lumberers resorted and faction fights were wont sometimes to take place. It^ name liad been made familiar by the poet's verse, and " Row, brothers, row, the ."■i CONFEDERATION. 105 stream runs fast," with its gentle melody, had given it an ideal existence — but its political valne was a myth. What were its claims for the future position it was to hold? Why was old .Quebec, with its historic name — why gi-owing Montreal — why Kingston — why Toronto — why were those cities to be ignored ( The selection of Ottawa, nevertheless, as the seat of government for the proposed Confederation was the exercise of a sound dis- cretion. At first extremely unpopular, the place was declared to be in the wdlderness, and fit only for the habitation of the Indian and the bear. The American's gi-aphic instnvctions to find it were quoted with evident relish : " Start from the noi-th pole ; strike a bead for Lake Ontario ; and the fii-st spot where the glacier ceases and vegetation begins — that's Ottawa." But it had been wisely chosen. In old Canada, after the union of Upper and Lower Canada in 1841, the seat of Government imder Lord Sydenham had been at Kingston ; in 1849, under Lord Elgin, at Montreal ; but after the public disttirbances and burning of the parliamentary buildings in that year in that city, it assumed a migratory charac- ter, and with the eiTatic coui-se of a comet revolved from Quebec to Toronto, and from Toronto back to Quebec, every four years. Tlie jealousies of the two Provinces would permit it to rest in neither. In the legislature of the \inion for many yeai-s the dis- advantages of such a course were pointed out, but the claims of rival cities, under the system of popular representation, are not so (easily disposed of. At length a compromise was effected, and the selection was left to Her Majesty the Queen. The far-seeing judg- ment of Sir Edmund Head, the then Governor-General, receives credit fbr the choice. - ""' ' ' '" '" "^ ' -'•'*-- '^'^y Attracted gi-eatly by the beauty of its surrounding scenery, he at the same time saw its commanding position both for a seat of government and of a gi-eat manufacturing town. Shortly after the American war in 1814, the British Government, availing themselves of its strategic advantages, to avoid the rapids of the St. Lawrence and the dangers of a hostile frontier, had commenced and constructed a canal which, breaking through the cliffs and fol- lowing the course of the Bideau River, afforded a safe communi- cation through the interior of the country for munitions of war 8 106 CONFEDERATION. 1 .1 from Montreal to Kingston. In later years, as the dangers of war passed away, and the great advance in military science neutralized its supposed value, the government ceased to attacli to it the impoi'tance it fomierly possessed, and handed it over to Canada. Situated on the banks of the Grand River, with the falls of the Chaudiere above, and the falls of the Rideau like a curtain below, the xmaspiiing little village at the time rejoiced in the name of Bytown, so called from Colonel Bye, the commanding officer of the Royal Engineers who built the canal. The river formed the dividing line between the two Provinces of Upper and Lower Canada, which were thus within pistol-shot of each other. The name of Ottawa was given to the proposed capital ; and after a ministerial crisis or two, brought about by unavailing efforts to reverse the decision, the location was finally adopted, and the public buildings commenced. In 1860, on the Piince of Wales' visit to the country, the corner-stone was laid with imposing ceremonies. Large expenditures were incun-ed; and notwithstanding local grumbluigs and strong expi-essions of disapprobation occasionally from prominent politicians, the question was considered as definitely settled, and agitation ceased. From that time its advance became steady and sure. At the Convention it was proposed and carried that it should be the future capital of the Confederation, and the inhabitants of the Dominion will have no reason to regret the decision. Few cities possess greater local advantages. Watered in front by the Grand River, on the right by the Rideau, and intersected by the canal, it possesses, for sanitary arrangements and sewerage, the very greatest facilities. Originally well planned and laid out by Colonel Bye, who foresaw its future destiny as a largo town, its broad parallel streets, and reserves for public purposes, afford accommodation and security. BuUt on a lofty table-land, eighty or a hundred feet above the river, with bold escarpments in front, the eye is arrested on every side by scenes of luiequalled beauty. The Gatineau Hills,* the * Sir Charles Lyell says that it is 240,000,000 of years siuce life has been known on earth ; and before tliat period, for indatiuite ages, tliu Eozoon Oanadieusis had lived and died in the Laurentian limestone of Canada. MM CONFEDERATION. lor first amid the primeval upheavings of the great Laurentian range, which, far back in the countless ages of chaos, began the formation of our solid globe, bound the horizon to the north, and the spi^ead- ing plains toward the south afford scope for unlimited expansion. But its importance lies not simply in its atti*active appearance. It is the centre of a rich agricultural district, and its great water powers on the Chaudiere and Rideau have given it the largest manufacturing establJshments in lumber at present on the North American continent. Tliis latter circumstance is due, in a great measure, to the energy and enterprize of American citizens, who, seeing its immense natural advantages, and knowing the unlimited extent of its forests beyond, and the water tributaries of those partially unexplored regions, made it their home. - ' Twenty years ago, its capabilities were not utilized. An Ameri- can millman looked at the Chaudiere. His was not a tourist's dream ; it was the practical gaze of a man of business. To use his own expression, he " thought the river might be put in har- ness." The river was put in harness ; and now the spot, which at that time was simply known as a scene of beauty, is crowded with mills and machine shops, and, including both sides of the Falls, affords unceasing employment to twenty thousand people, daily creating untold wealth, and, with its schools and churches, spread- ing the comforts of life around. Its position with reference to the entire Dominion, as extending from the Atlantic to the Pacific — an achievement brought about far more rapidly than at the time of the Convention was conceived — is admirable. On the line along which the Canadian Pacific Railway must run, it will command equal facilities for access to Quebec and the Maritime Provinces on the one side, and the Western Tenitories and British Columbia on the other. Nature seems to have formed an interior valley for communication on the northern and eastern side of the Ottawa, from Quebec to the Falls of the Chaudiere, and thence along the valley of the Ottawa to the shores of Lake Superior, and on towards the north-west. If properly managed, the vast trade of this productive countrj' must gravitate towards the capital of the Dominion as its natural and cheapest outlet. Thus, both politically and commercially, the selection was judicious. "i,V^;A.iJia'1 108 CONFEDERATION. But nevertheless, viewed from the stand-poirt of 1871, it is apparent that at the time of the Convention one mistake occurred : no provision was made for creating a federal district for the capital, and withdrawing it from the exclusive control of the local legisla- ture of one of the Provinces. That which was destiiaed to be the capital of the Confederulion might fairly rest its claim for support upon the people of the Dominion. Its order, well-being, sanitary- arrangements, police regulations, adornments and improvements are essential to the comfort and security not only of the represen- tatives who attend Parliament, but of all those who are compelled to resort to it as the capital of the country in the discharge of the various duties attendant upon the administration of public aflairs. Its reputation should be national, not provincial. It belongs no more to Ontario than it does to Naw Brunswick, Nova Scotia, Quebec, or any of the Provinces co istituting the Confederation, The expenses incident to its civic control must necessarily be far greater than would devolve upon it if merely an ordinary munici- pality. It is no answer to say that the increased value in property is sufficient consideration for the increased burden put upon the inhabitants. That does not meet the question. They may not choose to accept the responsibility ; and the Dominion Parliament, under confederation, has no power to legislate iipon the matter. The legislation for the capital in all civil matters is entirely under the control of one Province, differing in its laws from the others- The employes and officials of the Dominion Government, residing a,t Ottawa, numbering almost two thousand men, in every respect competent as voters, and, under other circumstances, capable of enjoying and exercising their franchise, are wisely interdicted, by the policy of the Government of the Dominion, from interfering in the local Provincial politics, or taking part in the elections for the Provincial Legislature. Yet they are subject to the taxation imposed upon them by that Legislature ; and bluff old Harry the Eighth never unfrocked a bishop with more satisfaction than the Ontario Legislature, for local purposes, taxes a body of men whom they do not pay, and who are debarred from exercising any influ- ence upon the selection of their body. The experience of the United States had pointed out the course to be pursued. In their original constitution, no permanent or CONFEDERATION. 10i> national capital had been detennined on by legislj live enactment.. An insult to the Congress, when sitting at Philadelphia, in June, 1783, by a band of mutinous soldiers demanding arrears of pay, brought up the subject for debate. After four years' discussion, by the constitution adopted in convention in 1787, and carried into effect in 1789, it was decided that the Congress should have power (sec. 8, art. 17) "to exercise exclusive jurisdiction, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Con- gress, become the seat of Government of the United States," and to make all laws necessary and proper for that purpose. In due course of time, by the action of the States of Maryland and Virginia, a selection was made upon the banks of the Potomac : Washington was declared the capital of the Republic, and Congi-ess undertook to miike liberal expenditures in the furtherance of such improvements and adornments as would be becoming the capital of a great nation. By an act passed February 27th, 1801, (up to which time the congress had met at Philadelphia, pending the preparations neces- sary for the removal, and for the accommodation of the public departments and business at Washington,) provisions had been made for the establishment of the proper tribunals, the creation of the necessary authorities, the maintenance of existing laws until superseded by other legislation, and the general, exercise of those territorial duties which are essential to the good order and govern- ment of a district. Other legislation has since taken place in accordance with the exigencies of the times, and the federal dis- trict has been controlled and regulated by the national congress alone, until within the last few years, when a territorial govern- ment was arranged for it. The people of the United States are well satisfied. Their capital is the national capital of their coun- try, and not the municipality of a section. The President thus alludes to this subject in his message of the 4th December, 1871 : " Under the provisions of the act of Con- gress, (approved February 2l8t, 1871,) a temtorial government was organized in the District of Columbia. Its results have thus far fully realized the expectations of its advocates. Under the no CONFEDEEATION. direction of the territorial oflScer, a system of improvement has been inaugurated, by means of which Wsxshington is rapidly becoming a city worthy of the nation's capital, the citizens of the District having voluntarily taxed themselves to a large amount for the pur- pose of contributing to the adornment of the seat of government." Thus we see that the character of a national capital, the security of those who attend it, the elimination of sectional and provincial interests in its government, the preservation of the national public property, the protection of the public interests, and the mainte- nance of the national reputation in its status, are too important to be left to local councils, however good they may be. Americans have their capital, Canadians have no capital for their country. They borrow a municipality from Ontario, and whether they come from the Provinces of the Atlantic or the Pacific, whether from Quebec or Manitoba, their representatives in the Dominion Parliament have no power to legislate on any matter touching the property or civil rights of the so-called capital of the Dominion, however great the wrong to be redressed or the evil to be remedied. This should not be. ; , : The City of Ottawa, with a certain area around it, should be created a Federal District; the laws for its future govern- ment (not interfering with private rights, or the city's present municipal privileges without adequate consideration), should be passed by the Dominion Parliament, and carried o\it by officers responsible to the Dominion Government, aud through it to the people of the whole Dominion ; or by a territorial arrangement, as in the District of Columbia, the legislatures of Ontario and Quebec ceding such j^ortion of territory on both sides of the river as would make the District thoroughly unprovincial, and stipu- lating such terms in the cession as would preserve existing rights and interests. But to return to the banquet. After the usual courtesies and toasts had been attended to, Hon. W. A. Henry, Attorney-General of Nova Scotia, on behalf of that Province, said : " The people of Nova Scotia entertained no selfish views when they proputt-vi to enter iixto a confederation with the other colonies. the coni sideratic reconcUi absorbin could hi CONFEDERATION. Ill They knew that their poaition commanded many advantapres not equally enjoyed by the i-est. They felt that their principal port, Halifax, was one of commanding importance. Situated as it is upon the most easterly jjeninsula of British North America, and of paramount importance to be retained by England while any portion of the West Indies re nains connected with the British empii'e, it would be the last spot of territory on this continent to be yielded up by the parent state, and would always receive, even more than the other colonies, the protection of the home govern- ment. The time, however, may come, and may not be far distant, when, from gi*eat political changes, from which we cannot expect to be always exempt, the protection of the parent state may be withdrawn ; and if we waiv until that imfortunate event arrives, it may be too late to form associations for our local defence. We were favored by an invitation from the Canadian Government to meet in conference at Quebec, to consider how far a general con- federation was practicable. The invitation was accei^ted by all the colonies, and the delegates were chosen, not exclusively from the several governments, but were selected from the ranks of parties representing all classes and interests in the several communities, in order that all party prejudices and sectional feelings might be laid aside in the contemplation of an object of such vast importance. Difficulties of a grave character had to be surmounted. First, each individual forming part of the delegation entertained his own views upon every one of the infinite number of important questions to be solved ; and, drawn as they were from different classes of opposing politicians in the several Provinces, with the influence of party relations upon them, and the interest of each Province clashing to a certain extent with those of the others, it required the greatest exercise of moderation, and frequent modiiication of personal, party and local views and interests, to arrive at any- thing like a successful issue. None but those who took part in the conference, or had deeply weighed the importance of the con- siderations involved, covdd have any idea of the difficult task of reconciling antagonistic views and interests, and nothing but the absorbing feeling of the importance of their mission and its results could have produced anything like a satisfactory conclusion. In ii 112 CONPEDRRATlO'.f. contemplation of thus great object, the j)eople of every section must be prepared to yield a portion of their feelings and interests to the common stock, and in the contemplation as well as in the working out of the union this sentiment must not be forgotten." Hon. John M. Johnson, Attorney-General of New Brunswick, observed : " At the Conference all agreed to set aside their own peculiar opinions for the common good, and the advantages of union were so great that all minor differences on political matters should be sunk and forgotten. This was the way he hoped the people would meet the question : either declare against it like men, if they believed the tmion to be without advantage, or, if they believed it would prove beneficial, to lay aside all questions of mere party, in order to secure it." Hon. George Coles, on behalf of Prince Edward Island, said : " He stood there in a different position from the gentlemen from the other Provinces, who had just addi'essed them, both of whom were membera of their respective governments, while he happened to be one of the opposition. They were aware that the opposi- tions of all the Provinces had entered into the delegation to assist in carrying out the views of theii* respective governments. Generally, when an opposition joined in carrying out the views of government, they were looked upon with suspicion by their consti- tuents ; but the present case was one which stood entirely by itself, and he claimed that in going for federation the government of Prince Edward Island were carrying out his views — views which he had entertained for many years. In former times he had found many opposed to his sentiments on this question. Mr. Coles went on to speak of the advantages of Prince Edward Island as a delightful summer residence, and of its various resources, particu- larly the inexhaustible treasury it had in the fisheries of its waters. Hundreds of thousands of pounds worth of fish were taken from their waters by the American fishermen. He trusted that soon Canada would take that fiish for the consumption of her inhabi- mm CONFEDERATION. 113 tants, and send her fishermen to catcli them. He saJd that although tliere was no man more disappointed than himself with respect to some parts of the constitution, yet, by mutual rnnces- sion, they had aiTived at a result which they could all agree in supporting and submitting to the peoi)lo, for he held that it must be submitted to the people. They could not force it on the people j they must endeavour to show them that it was for their benefit, and thus induce them to accept it." Hon. A. T. Gait, Finance Minister of Canada, then spoke sub- stantially as follows : "I believe we are making a move in the right direction, in confederation ; and if we gave more strength to the monai'chical element on this continent, it was because we thought that through this form of government we could more effectually aid to the peace and happiness of our people. Those who could recall twenty years could remember the position in which Lower Canada then stood. They could recall the advantages which arose from the union of these Provinces. It could be seen that in that short period (twenty years) this country had grown to a position in importance such as never could have been hoped for as long as she remained in a disunited state. It was because we felt that dis- united, Canada was weak, united, she became stronger. We now ask the other Provinces to join us in the race of improvement and progress, and in extending through the whole of the British dominions in North America the advantages we now derive from union, that which gives us essential power, which enables us to control various matters and maintain our strength. With regard to the question of the commercial prosperity of these Colo- nies, there could be no doubt whatever that the union of these Provinces would tend to promote our p jsperity. We had seen the effects of union in regard to matters of free trade in the United States. He knew perfectly well that if one thing more than another had tended to promote the prosperity of that great country, it had been the free trade that had existed between its various parts. He desired to bring about that same free trade in our own Colonies." 114 CONFEDERATION. After leaving Ottawa, at Kingston, at Cobourg, at Belleville, Himilai' cordial greetings were extended. On the arrival at To- ronto at night the city seemed one blaze of light, and repre- sentatives of the Cori^oration of Toronto and the surrounding municipalities tendered their hopitalities. On the following; day the litenuy institutions of Toronto, not less courteous than the institutions of Quebec, gave to the measure their fullest sanction. The Upper Canada College under Professor Cockbum, and the University under the Rev. Dr. McCaul, vied with each other in the expression of their hopes that " by this confederation the British North American colonies would bo bound together for mutual advancement, prosperity and strength" At a magnificent banquet given at the Music Hall in Toronto, the Hon. Geo. Brown, jis President of the Council, fii-st gave to the public the full details of the contemplated constitution, and in a clear and lucid manner explained his reasons for their adop- tion. He was preceded, however, as was usual on the occasion of the festivities in Canada, by the members from the Maritime Provinces. In answer to the toast of " The Delegates," Hon. Mr. McCully responded for Nova Scotia. He said : , . ,. . , i;....>r'... 1 " They had framed a constitution for this gi'eat confederation. He trusted in all hopefulness that it woidd meet their approbation. It had oeen the work of men of some experience. Their discus- sions had been characterized by the most friendly intercourse. If, after so weighing and considering it, they had anything to say against it, let it be in a spirit of moderation. He asked that with the more confidence because, a member of the opposition of Nova Scotia, invited to take his share in this task, he had been content that party feeling and party action should, for the moment, be hushed and stilled in presence of so great a question. He asked of the members of the governments of all the Provinces, if they desired that this enterprise should be successful, that there be no attempt to make out of it any local political capital. Nothing, in his opinion, could be more fatal to the measure. But let me say," said he, " that if there is one thing connected with this grand scheme of confederation which ought more than another to be v' .'? CONFEDERATION. 116 kept in the minds of the public men of all these Provinces it is this : that it shall not financially weigh too heavily on the people. In Nova Scotia, whence he came, they had an ad valorem tariflf of ten per cent., and one of the greatest difficulties they would have to contend with iw that Province in inducing their people to come into the confederation, would be to reconcile them to the raising of that tariff to any very large extent, unless it were for the public defence of the country, or some gi-eat public improvement, advan- tage or necessity." , ,; . ., ,, , Hon. Charles Fisher, M.P., from Fredericton, one of the New Brunswick Delegates, spoke ably on behalf of that Province. Speaking of the unanimity of action throughout the country, he observed : ' ... . , . " Men of every party, of every denomination — men from every section of the country, cognizant of their different ideas in politics and theology, met together resolved to lay their diffei*ences as an oflfering upon the altar of their country. No event had occurred in modern times equal to this. New Brunswick expended annually ^30,000 a year for schools, £35,000 a year for roads, and small as their Province was, they then had at that moment 15,000 miles of roads, 7,500 of which might be traversed in a carriage and four. They had besides 200 miles of railway, equal to anything of the kind on the continent. Did they know why the intercommunica- tion between these Provinces had hitherto been so limited 1 It did not ai'ise from poverty of soil, or from local and political causes. Until 1845 the coimtry between New Brunswick and Canada was locked up. And then what was done t Why, a large tract of land was taken away from New Brunswick and Canada, and handed over to the United States. Did they think, if this confedei-ation had then been formed, that the interests of New Brunswick would have been sacrificed to the cotton spinners and the tobacco dealers? The result of the diffei*ences which took place was that this pai*t of the country long remained a wilderness, and a large portion of it, equal to the State of New Hampshire, with a large settlement of French Canadians, was handed over to the United States. They had built roads through New Brunswick, but ■y 116 CONFEDERATION. if they wore to have complete intorcommunication the Intercolo- nial Railway must be built, and he hoped its necessity was recognized as fully in Western Canada as it was in New Bruns- wick. He had almo.st hoped against hope for its constiniction, but h(^ had ever felt that that was an advantage to New Bninswick which m\ist be supplied. When built the district between the two Provinces, now almost uninhabited, would speedily be filled up, and the two countries connected. He had been an adA'ocate of the railway ever since it was proposed. He had always argued for it as a link in the great chain of railways which would yet connect Halifax with Vancouver Island. Ho had read with great interest the descriptions of that country, especially those given by the scientific men sent out by Canada to explore it, and he had always argued that communication with that country was a com- mercial necessity to the west. They eiiquired would such a road pay 1 Had the Grand Trunk Railway paid ] Ask the rapid improvement of Canada if it had not paid] Ask the hundred thousand people of Montreal the result of that great irstrument of i)rogress. Ask the increase given to the value of l-iud and to the products of the west. Ask all these, and let theii- testimony to the gi-eat benefit derived be the reply. When the resources of the interior were brought into action, what would be required to carry these pi'oducts to the ocean? Would not a railway be needed? But, after all, possessing as they did such complete elements for the formation of a gi-eat nation, what would they be without a free government? The members of the Convention had met together for the i)urpore of framing a government adapted to these colonies, and they had endeavoured to do it upon the principles of the British monarchy. They had kept in view the great original of the parent state, but they had so constructed the constitvition as to preserve intact the rights of each separate Pro- vince. They had left to the local bodies of the confederation local mattera, and when they found any condition of things which it was necessary to preserve, they had provided that these should be untouched forever. They had endeavoured to build up a strong central power, which should have control of matters of common interest. As in the confederation local questions would be left to ■■ (.'ONFEDERATION. 117 the local IcgialaturoK, lie had hi^h hopes that in the general legis- latui-e tlie smaller politics would be forgotten, and that a desire for national honor would arise, without which national greatness could never be attained." Hon, Mr. Cai*ter, of Newfoundland, said : " Newfoundland w as ii commercial place, and was not very celebrated for its agincultural ca))abilities. The reason of this waa that the attention of the people had been chiefly taken uj) by the prosecution of the tisheries, which had been most valuable to t' pi })eopIe along the coast, furnishing inexhaustible mines of wealth, from which, from time to time, immensely large fortunes had been drawn. Speaking of the Provinces, he said: we have mutual wants, and may be of great benefit the one to the other. You want the maritime element, and we are able to give it to you. You may by • on the other hand, all matters of a local character will be com- mitted to the local governments. The separate powers to be exercised by each will be clearly defined in the Constitution Act to be passed by the British Parliament, so that there will be no danger of the two bodies coming into collision. There was one point to which he was desirous of calling particular attention, namely, to the fact that in framing their constitution they had carefully avoided what had proved a great evil in the United States, and that is the acknowledgment of an inherent sovereign power in the separate States, causing a collision of authority between the general and state governments, which, in times of trial, had been found to interfere gravely with the efficient admi- nistration of public affaii-s. In the government to be formed under this new constitution while we have committed to the local governments all that necessarily and properly belongs to the localities, we have reserved for the general government all those powers which will enable the legislative and administrative pro- ceedings of the central authority to be carried out with a firm hand. With this view we have provided that the whole of the judges throughout the confederation, those of the county courts as well as of the superior courts, are to be appointed and paid by the general government. We have also provided that the general parliament may constitute a general appeal court, to which an appeal will lie from the decisions of all the provincial courts. We have likewise provided that the general government shall be specially charged with the performance of all obligations of the Provinces, as part of the British empire, to foreign countries. The Lieutenant-Governors of the different sections are to be ap- pointed by the general government, and the power of disallowing all bills passed by the local legislatures is to be vested in the CONFEDERATION. 123 (Jovemor-General in council. In this way we will have a com- plete chain of authority, extending down from Her Majesty the Queen to the basis of our political fabric. The Queen will appoint the Governor-General ; the Governor-General in council will appoint the Lieutenant-Governors ; and the Lieutenant-Governors will be advised by heads of departments responsible to the people. Thus we will have the general government working in harmony with the local executives, and in hearty accord with popular sen- timent as expressed through the people's representatives. All the debts and assets of the difierent Provinces were to be assumed by the general government. A confederation of five states was about to be formed, and it was to the credit of the whole that not one of them had ever been unable to meet its obligations to the day ; and still further, that the finances of all were now in such a satisfactory condition that every one of them had a large surplus of revenue over expenditure for the current year. He desired to call atten- tion to the fact, that the delegates had unanimously resolved that the united Provinces of British America should be placed at the earliest moment in a thorough state of defence. We have agreed, said he, to build the Intercolonial Railway. I have not been in favor of that scheme per se, situated as we have been. But I have been quite willing to admit — and I repeat it heartily to-day — that without the Intercolonial Railway there could be no union of these Provinces ; and after a careful consideration of the question in all its bearings, and after counting the full cost, I am prepared to advocate the building of that road, in order to accom- plish the great objects we Iiave in view in the scheme of confede- ration. In agreeing to build the Intercolonial Railway, it should also be stated that due regard was had to the interests of the west. With the unanimous consent of the members of the Conference, we have resolved on the extension of our canal system. While we have sought confederation with Nova Scotia, New Brunswick, Newfoundland, and Prince Edward Island, we have not been neglectful of the Far West ; but we have made it a condition of union that the great North-west may come into the federation on equitable terms at any time it pleases, and that British Columbia and Vancouver Island may also be incorporated with us. We 124 CONFEDERATION. have likewise made it a condition that so soon as the state of the finances will permit, communication is to be opened up from Western Canada to the North-west teri'itory. On the whole," said the honorable gentleman, '* when we look at the probable results of this union, I think there is no man from one end of the Provinces to the other who ought not to give it his most hearty- approbation. He would repeat what had been so well said by Mr. McCully : all danger was not past. They had still to meet the legislatures of the different Provinces, and it required the greatest harmony of action to obtain a favorable result. Therefore I would say with 111/ honorable friend, Mr. MuCully, if theve is one thing more than another necessary at this moment, it is that we should banish our party discords ; that we should forget for the moment that we were at one time arrayed against each other ; and what- ever we may do after union is accomplished, let us forget until it is obtained our feuds and differences, in securing to the country the great boon which this Confederation promises to bring about." A few days after, on the occasion of the public reception at St. Catharines, the Hon. Mr. Pope, of Prince Edward Island, responded on behalf of that Pi'ovince, and in strong language declared his endorsation of the views already expressed by his colleagues, Hon. Messrs. Palmer, Coles, Haviland and "Whelan, from that Island. r. . ^ Thus closed the demonstrations in Ontario. A nide awakening, however, awaited those gentlemen from the Maritime Provinces who, thus far floating on smooth seas and amid fairy scenes, fancied that on their return to their constituencies all would be well. The storm that burst upon the delegates from New Brunswick was like the hurricane of the tropics. Fair as had been the voyage up to this time, fragrant as were the breezes that bore them onward, the sky in a moment became suddenly overcast. The moaning of the surge was heard, the blackened clouds closed upon the fated ship, and sail and mast went down before the fearful gale. In vain was there a temporary lull, in vain a seeming hope of safety. The stona burst out from the opposite quarter with more fearful violeaco ; the darkness was more tangible, and destruction seemed CONFEDERATION. 125 inevitable. In New Brunswick the storm came first from political foes, but was followed quickly from political friends. Hurled from place and power, they were condemned by their constituencies in the most emphatic manner, and a more thorough defeat in the first instance was never meted out to the advocates of a political change. In Nova Scotia, though not at first so disastrous, the shock was more lasting, and ultimately more severe. The narrative of the action of those two Provinces must, however, for the present be deferred. [127] CHAPTER V. Assent of the Imperial Government — Despatch from the Colonial Secretary, December, 1864 — Public sentiment in England, Scotland and the United States on the proposed Confederation — Seward — A.D. 1864. As soon as possible after the adjournment at Quebec, the Govcrno: General, Lord Monck, transmitted to Her Majesty's Government the Resolutions that had been adopted by the Con- ference, and in the month of December received, in thefoUowing despatch, the strong expression of its approval : Downing Street, 3rd December, 1864- My Lord, — Her Majesty's Government have received with the most cordial satisfaction your Lordship's despatch of the 7th ult., transmitting for their consideration the resolutions adopted by the representatives of the several Provinces of British North America, who were assembled at Quebec. With the sanction of the Crown, and upon the invitation of the Governor-General, men of every Province, chosen by the respective Lieutenant-Governors without distinction of party, assembled to consider questions of the utmost interest to every subject of the Queen, of whatever race or faith, resident in those Provinces, and have arrived at a conclusion destined to exercise a most important influence upon the future welfare of the whole community. Animated by the warmest sentiments of loyalty and devotion to their Sovereign ; earnestly desirous to secure for their posterity throughout all future time the advantages which they enjoy as subjects of the British Cro\vn j steadfastly attached to the institu- tions under which they live, they have conducted their deliberations with patient sagacity, and have arrived at unanimous conclusions on questions involving many difficulties, and calculated, under less favourable circumstances, to have given rise to many differences of opinion. CONFEDERATION. 127 Such an event is in tLe highest degree honourable to those who have taken part in these deliberations. It must inspire confidence in the men by whose judgment and temper this result has been attained, and will ever remain on record as an evidence of the salutary influence exercised by the institutions imder which those qualities have been so signally developed. Her Majesty's Government have given to yovu' despatch, and to the resolutions of the Conference, their most deliberate considera- tion. They have regarded them as a whole, and as having been designed by those who have framed them to establish as complete and perfect a union of the whole into one government, as the circiimstances of the case and a due consideration of existing interests would admit. They accept tLem, therefore, as being, in the deliberate judgment of those best qualified to decide upon the subject, the best framework of a measure to be passed by the Imperial Parliament for attaining that most desirable result. The point of principal importance to the practical well-working of the scheme, is the accurate determination of the limits between the authority of the central and that of the local legislatures, in their relation to each other. It has not been possible to exclude from the resolutions some provisions which appear to be less con- sistent than might perhaps have been desired with the simplicity and unity of the system. But upon the whole, it appears to Her Majesty's Government that precautions have been taken which are obviously intended to secure to the central govenunent the means of effective action throughout the several Provinces, and to guard against those evils which must inevitably arise if any doubt were permitted to exist as to the respective limits of central and local authority. ' They are glad to observe that although large powers of legisla- tion are intended to be vested in local bodies, yet the principle of central control has been steadily kept in view. The importance of this principle cannot be overrated. Its maintenance is essential to the practical efl&ciency of the system, and to its harmonious operation both in the general administration and in the govern- ments of the several Provinces. A very important part of this subject is the expense which may attend the working of the central 128 CONFEDERATION. 4 and the local governments. Her Majesty's Government cannot but express the earnest hope that the arrangements which may be adopted in this respect may not be of such a nature as to increase, at least in any considerable degree, the whole expenditure, or to make any material addition to the taxation, and thereby retard the internal industry, or tend to impose new burdens on the commerce of the country. Her Majesty's Government are anxious to lose no time in conveying to you their general approval of the proceedings of the Conference. There are, however, two provisions of great impor- taiiOe, which seem to require revision. The first of these is the provision contained in the 44th resolution, with respect to the exercise of the prerogative of pardon. It appears to Her Majesty's Government that this duty belongs to the representative of the Sovereign, and could not with propriety be devolved upon the Lieutenant-Governors, who will, under the present scheme, be appointed, not directly by the Crown, but by the Central Govern- ment of the United Provinces. The second point which Her Majesty's Grovemment desire should be reconsidered, is the constitution of the Legislative Council. They appreciate the considerations which have influenced the Con- ference in determining the mode in which this body, so important to the constitution of the Legislature, should be composed. But it appears to them to require further considei-ation whether, if the members be appointed for life and their number be fixed, there will be any sufficient means of restoring harmony between the Legislative Council and the popular Assembly, if it shall ever unfortvmately happen that a decided diflference of opinion shall arise between them. These two points, relating to the prerogative of the Crown, and to the constitution of the upper chamber, have appeared to require distinct and separate notice. Questions of minor consequence, and mattery of detailed arrangement, may properly be reserved for a future time, when the provisions of the bill intended to be sub- mitted to the Imperial Parliament shall come under consideration. Her Majesty's Government anticipate no serious difficulty in this part of the case, since the resolutions will generally be found CONFEDERATION. 129 auflSciently explicit to guide those who will be intnistetl with the preparation of the bill. It appears to them, therefore, that you should now take immediate measures, in concert with the Lioutenant-Governors of the several Provinces, for submitting to the respective Legislatures this project of the Conference ; and if, as I hope, you are able to report that these Ijegislatures sanction and adopt the scheme. Her Majesty's Government wUl render you all the assistance in their power for carrying it into effect. It will probably be found to be the most con veniont course that, in concert witli the Lieutenant-Governors, you should select a deputation of the persons best qualified, to proceed to this country, that they may be present during the preparation of the bill, and give to Her Majesty's Government the benefit of their coimsel upon any questions which may arise during the passage of the measure through the two Houses of Parliament. I have, &c., (Signed) E. Cardwell. Governor Viscount Monck, &c. t it, but proviHion ig made for the adhosiou of all the North Anioricaii Colonies from Maine to the Pjicitie. The resolutions, which are full and very well considered, do not modify gi'eatly the information already placed before oiu* I'eaders ; but th(!re is a gi'eat ditfcrence between deduc- tions from after-dinner si)eoches and draft l)ills, and we may per- form an acceptable service to our x-eadcrs by describing from the official recoril the machinery selecUal for the last new (jtfort at the manufacture of empires. *' The object of the American colonists, it is clear from every clause of the resolutions, is to form a Nation and not a Union. Tliey have been obliged upon ])oints to differ as to sectional jealousies and fears ; but they have not given way in any direc- tion, save one, to the desire of small comnmnities for indepen- dence. From the very beginning each colony that accepts the scheme avowedly surrenders its claim to independence, declares itself by act of its local ])arliament a })rovuice — a part, that is, of a much gi'eater whole. It will lose its se})ai'ate Governor respon- sible only to Great Britain, and receive one appointed by the * Acadian ' ministry ; while, though it retains its separate legisla- ture, the powers (jf that body will be reduced to very naiTow dimensions. It will still hv absolute in the domain of civil law, commercial legislation excepted ; it may still impose dii-ect taxes, and provide for all municipal works and events, but the nght of criminal legislation, of fixing custom duties, of levying general taxes, of arrvnging great public works, of aj)pointing judges, of providing defences, of doing anything which can in any way be considered of national importance, is surrendered. Moreover, even within its limited sjihere every act must l)e submitted to the general government ; and even should the measure not be disallowed, it only runs subject to the general 2)rinciple that, in the event of collision between a provincial and a national law, the • courts are to act only upon the latter. The federation, it will be evident, is not one to be composed of sovereign states, ■ *' All the ,owers thus surrendered, and all to which, saving the Queen's prerogative, an independent nation can lay claim, are transferred to a central authority, as uidike that existing at CONFEDERATION. 145 Washington ns it is well possible to conceive. It will consist, in the tirst place, of a Viceroy appointed by the CJrown, wieldinjr all the powers of the Crown, protected like the Crown from attack or removal, and fettered like the Crown by the necessity of acting through ministers responsible to parliament. This parlia- ment is composed of an Upper House to bo called the Council, and composed of seventy-six members selected l)y the Crown for life, in proportion of twenty-four for Upper Jind twenty- four for Lower Canada, ten for Nova Hcotia, ten for New Bruns- wick, four for Prince Edward Island, and four for Newfoundland, the immense number given to Lowei' Canada in })roportion to its resources being a concession to the French element which in the Lower House will be overborne. In that House the biu.isis to l)e pojmlation, arranged on the fixed idea that Lower Canada is to liave sixty-tive membei"s always. When, therefore a Province ;aaounts to double her numbers, it will have one hundred and thirty members, the present proportions being : Upper Canada, 82 Lower Canada 65 Nova Scotia 19 New Brunswick 15 Newfoundland 8 Prince Edward Island 5 " The object with which this number has been settled is appa- rent at a glance. The constitution has been arranged to meet the susceptibilities of the Lower Province, and Upper Canada is not mistress of the situation as against Lower Canada, unless she can gain over more than one other entii'e colony. This Central Grovernment, thus constituted, will, acting through responsible ministers, make all laws required for the * welfare and good government ' of the nation, all laws 'on criminal matters, com- mercv., currency, banking, immigration, marriage and divorce, and all subjects not specially named in the constitution. It will have the entire control of taxation, internal and external, of the na- tional defences, local militia included, of the post, and of all inter- provincial means of communication, will appoint all jvidges (who are to be irremoveable), exercise generally all except really local UG CONFEDKRATION. }>atronage, and possess the right of annulling within two'; e months any act of the Provincial Councils. These powers are very extensive — may, indeed, be easily so interpreted as to meet all likely contingencies ; but then nations are killed by \mlikely contingencies ; and we woidd still advise the Canadians to submit to the insertion by Mr. Caixlwell of one more clause, enablii^g the Viceroy and his ministry, in time of rebellion or visible er- -^rgenty, to ' proclaim ' any district or province, and while it renuiins ])ro- claimed, to exercise absolute authority therein. On some such provision we trust Mr. Cardwell will insist, and we think it is the oidy one in which parliament shoxikl interfere. The principle being granted, there is nothing in any of these details which should offend the mother country, and much to gratify her pride and benefit her interest. The delegates affirm in their very preamble that theii" first object is to perpetuate theii* connection with the mother country, they jealously reserve the prerogative throughout their arrangements, they specify that the constitution i-equires the assent of the Imperial Parliament, and they insert this invaluable clause into their fundamental law : ' All engagements that may be entered into with the Im]jerial Government for the defence of the countiy shall be assumed by the Confederation.' That clause gives us the right to call on the Canadians as allies imder contract to perform their due share in the work of their own defence, and removes the anomaly under which we are bound to defend men who may refuse to hel}) \is — who may shut out our trade, and decline any assistance to our revenue. It is not, that we know of, the duty of parliament to see that its colonial allies choose con- stitutions such as Englishmen ai)prove ; but even if it were, the ministry could not object to a scheme which, except in the essen- tial point of the absolute authority reposed in the central legislature, is a counterpart of their own. They may recommend certain modifications, such, for instance, as the insertion in the act of the provincial constitutions, left by the delegates' resolutions to the provinces themselves, but they are not bound to press any point not of pressing imperial interest. ^,;. : ,., ' ■,,^ i- v. ....,., ..j >,-;,. j^^s^ " There is, however, one for which no pi-o vision is made, and for which a clause will one day be urgently required. This is the CONFEDERATION. ur iiisittev of boundaries. The Acadians expect to induce the people of the Pacific colonies, and, perhaps, the settlers on the territory now held by the Hudson's Bay Company, to enter into theii' compact ; but they have made no j)ro vision foi* the settlement of boundaries. Vancoiiver's Island, for example, might like to stay out, while its mainland dependencies might like to go in, and who is to settle that quarrel I The vast expanse of the interior, too, is entirely without demarcations, and some appellate authority should be provided in case of serious dispute. That aiithority must, of coiii*se, be the Queen in Council, and the new Act, which may be interpreted a hundred years hence word by word by statesmen who see impei-ial interests depending on its construction, should contain some definite provision for the difficulty. Inter-co- lonial questions, too, such a« have sprung up between New South Wales and Victoria, should be generally reserved, so that no ministry, strong in its new militia, its maritime power, and its semi-independence, should be able to commence a legislative war- fare with a colony oiitside its authority." Upon the general features of the scheme the Liverpool Journal has the following : " The exercise of the franchise in the \mion encoui-ages the belief that the federation of the British colonies in North America would be followed by the best possible consequences. The Cana- dians themselves have arrived at that conclusion ; and it may be regarded by her Majesty's ministers in this country as a proceed- ing absolutely required to enable our trans-atlantic colonies to put themselves in a position to render it unnecessary that they should desire or require any assistance from the mother country. The new federation in Canada will extend over territories — or may be made to extend over teriitories — much larger than those of the United States ; but it may })e observed that the United States go far to the South, and are not affected as Canada is, and ever will be, by a winter of frost. The disadvantage of a Canadian winter will, however, in all probability be overcome by the federation of the inland and maritime colonies." 148 CONFEDERATION. Equally cheering were the observations of the more enlightened portions of the American Press — and prominent among all — mnst stand forth the expressions of Mr. Seward, one of the greatest statesmen of the Republic : ' " Hitherto, in common with most of my countrymen, as I sup- pose, I have thought Canada, or, to speak more accurately, British America, a mere strip lying north of the United States, easily detachable from the parent state, but incapable of sustaining itself, and therefore ultimately, nay, right soon, to be taken by the Federal Union, withoiit materially changing or affecting its own condition or development. I have dropped the opinion as a national conceit. I see in British North America, stretching, as it does, across the continent, from the shores of Labrador and Newfoundland to the Pacific, and occupying a considerable belt of the temperate zone, travei'sed eqiially with the United States by the lakes, and enjoying the magnificent shores of the St. Lawrence, with its thousands of islands in the river and gulf, a region grand enough for the seat of a great empire — in its wheat fields in the west, its broad ranges of the cliase at the north, its inexhaustible lumber lands — the most extensive now remaining on the globe — its invaluable fisheries, and its yet undisturbed mineral wealth. I find its inhabitants vigorous, hardy, energetic, perfected by the Protestant religion and British constitiitional liberty. I find them jealous of the United States and of Great Britain, as they ought to be ; and, therefore, when I look at their extent and resources, I know that they can neither be conquered by the former nor permanently held by the latter. They Avill be independent, as they are already self-maintaining. Having happily escaped the curse of slavery, they will never submit themselves to the do- minion of slaveholders, which prevails in, and determines the character of, the United States. They will be a Russia to the United States, which to them will be France and England. But they will be a Russia civilized and Protestant, and that will be a very diflerent Russia from that which fills all Southern Europe with terror, and by i*eason of that superiority, they will be the more ten'ible to the dwellers in the Southern latitudes. CONFEDERATION. U^ " Tlie policy of the United States is to propitiate and secure the alliance of Canada while it is yet young and incurious of its futui-e. But, on the other hand, the policy which the United States actually pui-sues is the infatuated one of rejecting and spuming vigorous, perennial, and ever-growing Canada, while seeking to establish feeble States oiit of decaying Spanish pro- vinces on the coast, and in the islands of the Gulf of Mexico. I shall not live to see it, but the man is already born who will see the United States mourn over this stupendous folly, which is only preparing the way for ultimate danger and downfall. All Southern political stars must set, though many times they rise again with diminished splendour. But those which illuminate the pole re- main forever shining, forever increasing in splendour." The Boston Commercial Bulletin after remarking on the friendly feeling of Canada towards the United States, adds : " But any one who undei'takes to travel in this part of the British Provinces will soon become disabused of the erroneous idea, if he has ever harboiu-ed it, that this amicable feeling and desire for free commercial intercourse, on the part of the Canadian po})ulation, has anything to do with politics or a spirit of amiex- ation. Politically speaking, they are thoroughly loyal to their home and local governments. They have no reason for discontent on that score; they fully believe themselves to be in the enjoy- ment of the most liberal, free and paternal government upon the face of the earth, and they can raise no objection to it which does not apply with equal and even greater force in any new relation. " The English portion of the people are proud of their nationality and do not wish to change it ; while the French popiilation of Lower Canada are still more attached to the traditions and institutions of the Old World, and, if they changed at all, would prefer to retiirn to the alliance of la belle France. To be sure, tliere is a libeml sprinkling of Americans from the Northern States, who have emigrated across the border from purely business motives. But they are equally satisfied to let well enough alone ; and though they do not mix or assimilate readily with the 150 COXFEDEHATION. I •extreme Euro})ean element, they are by no means the most ardent partisans of annexation. " The only political scheme which excites mnch interest in that qiiai-ter is the proposed Confedei-ation, which, though at first meeting with strenuous opposition, especially from the Maritime Provinces, is now slowly hut surely gaining ground, with a better understanding of its financial l)earings, and aided l>y the influence of leading i)oliticians and the home government. There can be little doubt that this scheme, for a consolidation of British America upon a basis nearly akin to the American Union, (except in the tenure and appointment of some of its chief officers,) will be successfully consummated. This will put at rest the question of annexation now being agitated with \is to defeat a libei-al com- mercial policy, and certain much needed measures of internal im- j)rovement. Hence, combining all the elements of a gi-eat and independent nationality, we must learn to look upon Canada as an integi-al part of that Northern empire which must hereafter form •one of the political divisions of this continent, and frame our foreign policy with a view to live in peace and amity with the kindred races which will be gathered to its bosom." Th\is on every side the advantages of Confederation were seen. It was opposed by some whose views were bounded by consider- ations of sectional interest — by others again — who, it is feared, permitted their allegiance to party, to over-ride their perceptions of duty to the country — but the clear common sense of the main body of the people of the Provinces in turn rose superior to sue!) influences — and with overwhelming strength pronounced in favc^i- of the movement. 'I i.r\.i. % .* ■:. lit-}-. [151] CHAPTER VI. The Situation — Relative position of Great Britain and the B. N. American Provinces as to the internal government of the latter— As to Trade Re- lations with Foreign Countries — Despatch to Lord Elgin, December, 1846 — Objection to policy by manufacturing interests in England and Scotland — Reiteration of policy by the Imperial Government — Excep- tional and liberal conduct towards the Provinces in matters of Recipro- city with the United iStates — Position of Inter-Provincial Trade — Objec- tions to Confederation from different stand-points — Political aspect- Misapprehension in England on the severance of Canada from Great Britain — Observations in the Imperial Parliament — Mr. Roelmck — Mr. Adderley— Sir Cornwall Lewis — Mr. DTsraeli- -Lord Palmerston, and Mr. Baring — The Times -Pamphlets — Irritative effect in Canada — Examination of the subject — Position 20 years hence — Views of the " Com- mittee on Commerce" of the House of Rej^resentatives of the United States — Free Trade Policy of Canada — -Hincks — Imports — Exports — Character of Comparison — Breadstuffs to England — Change in 17 years —Export trade to the United States — Change — Effect on British producer — Tea trade — Affected by Pacific Railway — Returns — Pumpelly on Russian Asiatic Trans-continental Railway — Canada as a market — United .States diminution of shipping — Internal trade — Merger of Canada in the United States — Loss of Asiatic trade to England — Action of United States not to be tested by ordinary rules of reasoning — Interest of Canada as separate — Intercontinental carrying trade — Effect of separation upon Great Britain in case of war — Canadian neutrality — Effect on Canada — Loss — Loss greater to Great Britain — Mutual interest to continue the connection — Blackwood— Letter of an American statesman. Before proceeding to the consideration of the reception wliich the proj)osition for Confederation met with in the different Pro- vinces, it would be as well briefly to review the position of tlie Provinces in reference to Great Britain — a position, it is not going too far to say^ — ^entirely anomalous, and without parallel in the history of any colonial dependencies. The mother country had entirely abjured the right of interference in any matters of local concern. Each Province regulated its own internal affairs in accordance with the wishes of its own inhabitants as expressetl through their own representatives in their own Legislatures. The Crown had not the power of appointment of a single officer, except the immediate representative of the Sovereign in the pei-son of the Governor General or the Lieutenant-Governors. From the Constable to the Chief Justice, from the tide waiter to the Col- 152 CONFEDERATION. lector, from the Curate to tlie Bishop, from the youngest clerk in every department, to its cliief, the people in their various miinicipal, corporate, legislative or executive capacities had the sole and absolute power of appointment. No shilling raised from theii' taxation could be devoted without their consent to any pur- pose outside of their own Province, and no taxation for any purpose coiild be imposed upon them by any authority except their own. On the other hand for local or internal pui'poses Great Britain was relieved of all expenses on their account — she was not called upon to pay the salary or charges of a single person — employed for their benefit. The salaries of the Governor-General and of the several Lieutenant-Governors, and their respective secretaries, fixed by the Imperial Government on a scale more commensurate with Imperial than Colonial ideas were borne entii-ely by the Provinces to which they were appointed. The patronage was in the Crown, but the burden was the Colony's. The latter was bome with readiness by a people who saw in the mimic fictions of a Colonial Court, the only visible tie that still comiected them wrth the monarchy of England. This fact must be borne in mind in regarding the colonial question thoughout its various phases, that for no purpose of a purely local character was the British Treasury charged one farthing. The expenses incurred for the maintenance of troops or the construction of fortifications in British North America were for Imperial purposes and were increased, curtailed or abandoned as the Imperial necessities in the opinion of the advisei-s of the Cro^vn in England required, without regard to the wishes or repi-esentations of the authorities in the Provinces. When in 1862, war was impending between Great Britain and the United States, it was for an insult to the Imperial flag, on an Imperial ship, an insult which Great Britain would have had to resent anjrwhere, whether she had a foot of ground in British America or not, and the expense incun'ed in sending troops to Canada, in 1862 was as much for the mainten- ance of her honour and her interests as sending them to the Crimea in 1854. Thus it is essential that we permit no confusion of ideas between the cause and the place of expenditure, to the first lierea 1870, Bu interf contrc all qi] Havin policy treatiei placed would '. commei crimina and res discrimi even fro ever ml tinction England tlie Unit It has Manches England British g( the goods vicinity c that Canj protection admittinfr sufficient i iiot the po has incurr( »P and de raise a revi that reveni foreign coi 11 ■ CONFEDERATION. 153 first alone can the last be chargeable, and in the consideration hereafter of the events which took place in Canada in 1866 and 1870, this distinction becomes the more necessary. But while, so far as relates to local aiFairs, this principle of non- intei'ference was strictly adhered to, Great Britain retained the control of such legislation as would affect foreign countries. Of all questions of trade she particularly claimed the supervision. Having adopted the principles of free trade, she desired that that policy should pervade all parts of the Empire ; having made treaties with foreign coxmtries, and with the United States, which placed all on the same terms with the most favoured nations, it would have been inconsistent in the imposition of duties on foreign commerce, by the Colonial Legislatures, to have permitted dis- criminating duties. But the Imperial Government went further, and restrained the Local Legislattires not only from imposing discriminating duties upon the products of foreign countries, but even from differential duties in fiivonr of her own. Thus, what- ever might have been the inclination of the colonists, no dis- tinction was permitted in favoiir of an article manufactured in England or her colonies, over a similar article manufactui-ed in the United States, in Russia, or in any foreign country. It has often been ui"ged by speakers in Birmingham, Sheffield, Manchester, Glasgow, and the other great manufacturing towns of England and Scotland, that Canada imposed heavy duties on British goods, and made no distinction in their favour, as against the goods of the United States, which had all the advantage of vicinity of market, and cheapness of transport; and, therefore, that Canada was of no advantage to the Empire, while her protection added to the burden of the English taxpayer. Without admitting in any way the correctness of such a position, it is sufficient to observe that it was, and is, the policy of England, and not the policy of Canada of which they should complain. Canada has incurred, and is daily incurring, large expenditures for opening up and developing the vast extent of her territory. She must raise a revenue — and in accordance with the Imperial trade policy, that revenue must bear alike upon the goods of England and of foreign countries. When the manufacturers of England make U ^'1 1^1 154 CONFEDERATION. their own Government reverse their policy, it will be time enough to complain of Ciinada ; but in this respect, at any i-ate, not until then. By a despatch, addressed to Lord Elgin on his assuming the Government of Canada, this policy is clearly laid down : Downing Street, 31st December, 18Jf6. My Lord, — Your Lordship is about to assume the Government of British Noi*th America at a time when a change of policy is in progress, which is of no ordinary importance to the interests of every part of the British Empire, and perhaps of none more than of that large portion of the Queen's Pominions in which Her Majesty has been pleased to select you us her Representative. I need scarcely say that I refer to those commei'cial changes which, in the last session, after long and anxious deliberation, received the sanction of Parliament. By the Acts then passed, it has been provided, that with respect to some of the chief articles of national consumption, there should be a considerable immediate reduction, and an eventual abolition of those duties upon imports from foreign countries, which has hitherto been imposed, not for the purpose of raising a reveime, but with the avowed object of giving an advantage in the markets of this country, to the domestic or colonial producer, over his foreign competitor. It has been enacted that after a brief interval, the Canadian in common with the British farmer, and in common also with the sugar planters of the British Colonies, must encounter in the sale of his produce in this country, the unrestricted competition of the foreign gi'ower. The same relief from the burden of differential duties, which has thus been gi*anted to the British consumer ; one of the Statutes to which I have alluded (the 8th and 9th Victoria c. 94), has enabled their respective Legislatures to ext d to the Biitish Colonies, by empowering them to repeal the tferential duties in favour of British produce, imposed in these onies by former Imperial Acts. . ; ; , , This is not an occasion upon which I could with propriety, enter into any discussion of the gi-ounds upon which this change of policy has been adopted ; but without doing so, I may expi"ess CONFEDERATION. 155 ray iirm conviction that, eventually, the welfare of the Colonies, even more than that of the mother country, will jbe promoted by tlie abandonment of a system of ai-tificial restrictions upon trade. Looking to the great natural advantages })Ossessed by the British Colonies, and especially by the line Provinces of North America, I cannot doubt that, adopting a policy of whicli the object is to render industry productive, by leaving it to follow its natixral channels of employment, and by aflbrdiug every possible facility to commerce, must lead to their rapid advancement in wealth and prosperity. But with a view to this result, it is of the utmost impoi-tance that the Provincial Legislatures should strenuously co-operate with the Imperial Parliament. So far as the repeal of the differential duties, hitheiio imposed upon impoi-ts into the Colonies from foreign countries, for the pur})Ose of favour- ing the British producer, I can ha"\'e no doubt that the Colonial Legislatures will gladly avail themselves of the power conferred upon them, by at once putting an end to these duties ; indeed, so obvious does it appear, that this measure ought to be the con- sequence of repealing the differential duties imposed in this country, to favour the importation of Colonial produce, that Parliament instead of merely enabling the Colonial Legislatiires to abolish the duties alluded to, would probably have at once proceeded to do so by its own authority, had it not been for the late ])eriod of the session, at which alone it was jiossible that tlie subject should be considered, and the difficulty of determining without more information than could at the time be procured, how far the simple I'epeal of these duties, unaccom})anied by any jirecautions, might have affected the finances of some of the Colonies. . I assume, therefore, that these duties will be speedily put an end to. (Signed) Grey. > To the Right Hon. the Earl of Elgin. This despatch was laia before the Canadian Parliament by Lord Elgin, at their first sitting after its receipt, in June, 1847, and in 156 CONFEDKllATION. ";f accordance with the policy therein recommended, an Act was passed by the Canadian Parliament abolishing the then existing difi'erential duties in favour of British produce. Tliis Act was transmitted to England and contirmed, as appeai-s by a despatch to the Governor-General from the Colonial Secretary, dated the 11th of May, notwithstanding that, as appeai-s by dociiments transmitted by the Colonial Secretary about the same time, the character of the Act had been specially complained against to the Imi)erial Government, by the merchiuits and maniifacturers of Glasgow by petition, setting forth — "That the said Colonial Act proi)oses to place the mother country in a more imfavourable position thai! the United States of America, in so far as it repeals tlie differential duties hithei-to maintained in favour of British manufactures, " The policy of the Impenal Government, thus pointedly declared to the Governor-General of Canada, was reiterated in the strong- est manner m a series of despatches in 1848-49, 1855-56 & 5i), and to such an extent as to declare objectionable any an'angements made or proposed to be made between the colonies themseh-es, by which a pi-eference or differential duty or abolition of duties, in filvour of the productions of one should be given over the produc- tions of another, or of any foreign country, in retuni for similar concessions extended by any sucli colony or country to Canada. And in one of the despatches (15th July, 1856), in order to meet the objection that the immediate effect of the Reciprocity Treaty of 1854 with the United States was to establish differential duties on sucli of the enumerated articles as were before subject to duty, it was declared that that treaty was " concluded under circum- stances of political exigency, with the immediate view of termi- nating questions in dispute as to the rights of fishery," and that to meet the objection in some measure, special pi'o vision had been made in colonial Acts, referring particularly to Acts in Newfound- land and Nova Scotia, and to the modification of the tariffs in the North American Provinces generally, and pointing out to Canada the desire of Her Majesty's Government that such legislation should take place with reference to the articles enumerated, as would place all countries on the same footing. CONFEDERATION. 157 It is nnnecesssiry to make further observations on this p oint , bnt it kIiouUI bo stated that in other respects, with reference to some foreign countries, England gave great latitude to the Britisli North American colonies. Thus, in the Reciprocity Treaty referred to, made by Lord Elgin with the United States in 1854, for the exchange of productions between the Provinces and tlie United States, the ado])tion or rejection of that Treaty, so far as its appli- cation to each pai-ticular Province, was left to the legislature of each Pi'ovince to dettaniine. Power was also given about tho .same time by order in council, to tlie Provinces, }>y proclamation of their i-espective governments, to peraiit the vessels of foreign countries to pass from any one port in one Province to any one l)ort in another Province — a quasi coasting trade owing to tho coniiguration of the Provinces, though no such privilege was given in the United States to British or Provincial vessels to pass from State to State. Ajid as will a])pear when the events of 1871 are under consideration, in a still more emphatic manner-, in a treaty made with the United States principally for the settlement of an Imperial dispute, in those pai-ts which have any du'ect beai'- ing on the interests of Canada, the adoption or rejection of such parts is left exclusively to the action of her own parliament. A more liberal policy could hardly be pursued by any power to a l)ortion of its own empire. The fact has already been referred to, that as between the Pro- vinces themselves, they regarded each other as foreign countries, and that in mattera of trade it made no difference as to the customs dues whether goods came from Massachusetts or from Nova Scotia, in Canada or New Brunswick they were taxed alike ; and the same in Nova Scotia as to goods from Massachusetts, Canada or New Brunswick. The postal aiTangements were distinct. The criminal laws were different. Each Province borrowed, each Province built, each Province taxed, to suit its own interest, without the slightest reference to its neighbour, and the custom-house officer was as important an individual on the dividing lines between New Bruns- wick and Nova Scotia, and New Brunswick and Canada, as on the lines between France and Belgium, or France and Spain ; yet :| 158 CONFEDERATION. these Provinces wore all under the sjinie flag, and their dividing lines not more marked than between Middlesex and Sui-rey, or Middlesex and Kent. Their material intei-ests always j)ointed to an amalgamation ; local self-importance and local jealousies to some extent aided in keeping them apai-t ; but the real difficulty was the necessity each Province felt to maintain its credit by pro- viding for the payment of its public debt, and an unwillingness to part with the control of its own revenues and its own patronage. When, therefore, in the articles of the Confederation provisions for the assumption of the public debt of each Province by the General Government, and the concession of an equivalent pecu- niary grant for local })urposes to each Province were made, with the power to each still to legislate and govern for itself in all matters affecting civil rights and property, the more substnntial olycctions to confederation were removed. But it must not be disguised, that even at this early date there were many who objected to the movement, as the primary step ultimately leading to the separation of the Provinces from the mother country, and their final absorption into the United States. Many of those who thought so were solid, good men, — staid, honest, loyal men — men who would sacrifice everything for British comiection, but who perhaps were not in the modem phi*ase, "men of progress," and who would prefer moving on in a well-known beaten track, to speculating in an unknown future. There were othei"S again, who opposed the movement because they believed that it would prevent annexation to the United States. They saw that the contracted sphere in which each Province moved, the utter want of markets for its manufactures, the striking contrast between the freedom of trade in the separate States of the United States, and the isolation caused by Provincial restriction must, in the end, produce discontent and dissatisfaction — the larger mar- kets and the unrestricted intercourse that Confederation would give, they well foresaw would at least remove that ground of dis- satisfaction. Outside, however, of both of these parties, and with the main body of the people of all the Provinces, there was another feeling, feeling of uncertainty as to what their future might be, and CONFEDERATION. 169 that it was neccHsaiy to prepare for it. The material and com- mercial advantages of Confedenition were apparent to all men of enlightened views or enlarged intelligence. The spiritiid manu- facturer and eiit<^r[)rising merchant alike, welcomed a change which would extond their field of oijcrations ; but the statesmen and ]>ublic men, who were accustomed to look at the causes of events and their consequenc(ss, could not fail to see that at this time the public mind of England was unsettled, as to the value or impoi'tance of the retention of the (Jolonies, and that imless the latter, particularly those in British Noiih America, placed them- selves in a position to speak on tlieir own behalf with the language of strength, the })est interests of the country — tei-ritorial and otherwise — might l)o frittered away without a moment's con- sideration, and in ptiro ignorance of the value of the concession. To such men the ])olitical aspect of the question had its impor- tance. Not less loyal in their devotion to the mother country, and equally desirous to avoid a separation, they felt that to prevent it, the surest way was to make British Noi-th America prosperous and strong — to give her an influential voice in the adjustment of all (pxestions that affected her interests, either internally or externally, and whether in apparent conflict with Imperial policy or not. As a part of the Empire she was prepai-ed to do her d\ity or share the loss ; but where the course to be adopted was principally to affect herself, her consideration and decision upon the point ought to be had. If the agitation of the public mind in England, on this question, should culminate in a determination to throw off the Colonies, by the Confederation they would be the better pre});\red to meet the emergency. If it oscillated the other way, they would not be the woi-se for the preparation. Thus iii either case, in a political view, the Con- federation was desirable. To the Canadian it does not seem that this qiiestion of the retention of the British North American Colonies, has ever been clearly understood in England. In pamphlets, in speeches, in debates in Parliament, m articles in the press, the severance of Canada from England was shadowed forth as essential to the preservation of the latter. rl ni; 160 CONFEDERATION. f ft: The unexpected development of the inilitary power of the United States during tlie civil war, seemed almost to have created a panic in the British Isles. Canada was declared to be indefen- sible, and for the first time in the history of the British soldier, it was gravely contended, that on the landing of the first hostile American on Canadian soil, Her Majesty's troops should forthwith retire within the walls of the citadel of Quebec, to save the honour of the British arms ! ! ! Ill the debate which took place in the Imperial Parliament in July, 18G2, on the subject of the action of the Canadian Parlia- ment, with refei-ence to tlic maintenance of an effective militia, much was said that tended to promote the feeling of uncertainty, as to the future. Treating a meie party inananivre, which led to the defeat of a ministry in Canada, and the introduction of a temporaiy measiu'e for the subsidiary defence of the country, in the absence of any immediate dangei-, with all the gi'avity of a great crisis, member after member in the Impei-ial Parliament spoke as if ( 'anada was a burden to the Empire, and that the day of her separation would be hailed with acclamation by the people of England. Mr. Roebuck, the member for Sheffield, si)oke in very strong terms, and, in singular ignoi'ance of the action of the Imperial Government, denounced the Canadian Parliament for taxing British manufactures. He said : '* The first thing we have to consider is the feeling of the people of Canada with respect to England. My opinion is that the people of Canada have been led to believe that we consider them of such wonderful importance, that we shall undertake any expense to maintain dominion over them. What I want them to understand, and what I want our Government to make them understand, is that we do not care one farthing about the adherence of Canada to England. We have never drawn from our colonies anytliing like tribute, Other nations do at this moment derive tribute from their colonies, but we have never done so. The only chance of benefit we ever expected from our colonies was perfect freedom of trade. What has Canada done in that matter ? The Canadians have laid 20 per cent, upon the CONFEDERATION. 161 introduction of all English mannfactiives into their country, thereby following the bad example of their friends on the other side of the St. Lawrence. I want them clearly to understand that England has no benelit from her connection with them, and that if we maintain, not our dominion, but their independence, it is for their advantage and not for ours. There is nobody m this country who is in a position to speak with more freedom than myself with respect to Canada. Many years of my life were spent in that coiintry. I have intimate i-elations with it now, but though I do not love Ciuiada less I love England more, and my opinion is that if to-morrow we were to get rid of Canada Eng- land would not lose a single farthing of benefit. But the case of Canada would be very different. When the lion, and gallant member for Westminster says that the United States cannot over-i'un Canada I must say that I think he has studied history to very little purpose if that be his real opinion. I quite agree with the noble lord in anothei- place who said that if the Federal Government were victorious to-morrow they would turn round upon England, and the first thing they would do would be to pour their armies over the St. Lawrence into Cariada; while if they were to be defeated in their stniggle with the South, out of mere vengeance they would do the same thing. What would be the consequence'? Canada, ceasing to be what she is now — a powerful and independent people, govei'ning themselves, doing exactly as they like with their own, would be under the dominion of an overbearing and overpowering democracy. She would be one among what were once 37 United States. Her people would have one or two votes in the American Senate ; whereas now they govern themselves, for England has given up dominion over them, and all we do is to send our soldiers — those redcoats whom the Mayor of Montreal talks about — to protect their independence. I want the Canadians clearly to understand that England would not be sorry to see her depart from us to-morrow. They do us no good, or, at least, not more than New York ; they do not even receive our manufactures, and they treat us like aliens. We have been told that the House of Commons should not dictate to the Parliament of Canada. Do we ever dictate now ? I have stood 162 CONFEDERATION. up in my place against the dictation of this House to the people of Canada, but that system has been abandoned long ago. The very veto of the Crown is entirely ignoi-ed, and that which we ought to have done — viz., protect the manufacturing interests of England — we have ceased to do. I say, therefore, we are now boxmd to look after the interests of our constituents, and I shall be the very last man to lay one farthing of expense upon the poor people of Sheffield in order to maintain the independence of the rich people of Canada." Mr. Adderley spoke in terms no less disparaging, while Sir George Cornwall Lewis, whose estimable pei-sonal character, and high official position as Secretary of State, lent great weight to his observations, after pointing out that the cause of the antici- pated difficulty with the United States arose from an affront to the British flag, which was a question of purely Imperial interest, in which Canada was not directly concerned, said : " If Canada had been invaded in a war arising from the United States in consequence of that quarrel, the feelings of the Canadians would nat^xrally have been that they were involved in a quarrel in which they had no direct concern, and that it was incumbent on the Imperial Government, through connection with which they were involved in hostilities, to give them effectual assistance." He went on, among other things, to say : " Before I sit down I will make one allusion to the remarks of my honourable and learned friend upon oiir future relations with Canada. I for one can only say that I look foi-ward without apprehension, and, I may add, without regret, to the time when Canada might become an inde- pendent state ; but I think it behoves England not to cast Canada loose or send her adrift before she has acquired sufficient strength ■ to assert her own independence. The feelings of the Canadian people were undoubtedly those of attachment and loyalty to the mother country. I do not believe that the recent vote \ipon the militia bill was the result of any deliberate policy or deep seated design. It was actually thrown out by the play of party politics, and I cannot but wish to impress upon the House, that any mea- CONFEDERATION. 163 sure such as the right honourable gentleman recommends, of a menace on the part of England, that under certain circumstances if they do not take efficient steps for organizing a powerful militia our troops would be withdrawn, would be unworthy of this country, and would seem to be the result of hasty displeasure, i-ather than of that dignified and prudent forbearance which has always been the characteristic of the Imperial policy." In most gratifying conti'ast to the observations of Mr. Roebuck and Mr. Adderley, and the m^^re philosojihic contemplation by Su* George Cornwall Lewis of the severance, were the sentiments expi'essed by Mr. T, Baring, Mr. D'Israeli, and Lord Palmerston. Mr. T. Baring said : m "Being in constant commiinication with Canada, he was informed that a feeling had recently arisen in that Province, and was now inci-easing, that there was a wish on the part of a great portion of that House to force upon it a precipitate separation from the mother country ; and he must say that if anything could strengthen that feeling it would be the recuri'ence of speeches like that of the right honourable member for Staffordshire and the honourable member for Sheffield, telling the Canadian people that they had not the least desire that they should adhere to their allegiance to the Sovereign and their attachment to this country ; that they wished they would separate entirely from England, and that they would see that separation not only mthout regi-et, but A^th satisfaction. He would not enter into questions of colonial policy. He believed that colonies might be a source of wealth and power to the mother country ; that the union between the two might be one of mutual benefit ; that it might be maintained without an extravagant ex- penditure ; but to say that such a connexion was merely a question of 'pounds, shillings and pence,' was quite unworthy of us, when we had to a certain extent to protect our fellow-countiymen, and had at least to regard them as our fellow-subjects until they themselves desired to separate from us. Certain speeches which had latterly been delivered in another place, together with the tone of the public press, were calculated to make the Canadians believe that ■'■f 164 CONFEDERATION. in this country there was no kindred feeling towards them — a result which he thought was much to 1 )e deprecated. The measure which had been referred to was di '' cd from a i)arty manoeuvre, without pledging the Province to any policy of hereafter refusing to establish a sufficient militia, and with the expression, at the same time, on the part of those who opposed it, that they were in favor of a militia that should co-operate with our troops in defence of the common country. These persons, he Ijelieved, would at this moment rise as one man in suj)port of their iinion with Eng- land ; and they had shown that when questions not merely of colonial but of Imperial concern arose, and when they have suffered all the injiiry of invasion, they did not shrink from exi)ressing manfully their hopes for the success of England and her colonies. It was said, * leave Canada entirely to hei'self ; ' but as long as they "wished to remain British subjects, that was not language which ovight either in honoui- or duty to be held to the Canadian people. He was convinced that Canada felt so much the advan- tixge of her connection with England, that, without burdening our resources, she would adliere to us from sentiments of loyal allegiance." Mr. D'Israeli said : " I cannot contemplate with the same feeling as the Secretary of State, a separation taking place between this country and Canada. I think that a great Empire, founded on sound princi- ples of freedom and equality, is as conducive to the spirit and power of the community, and as valuable as commercial pros- perity or military force ; and, therefoi'e, I should oe very sorry under the present cii'cumstances, after all that has occurred, to suppose that the connection between the mother country and this important colony should end. The resources of Canada are great and vai'ious. It has had the advantage of having been colonized, during a number of centuries, by two of the most distinguished nations of Europe. Canada is, in fact, a reflex of those two powerful races, diflering in their manners and even in their religious opinions; and has many of those diverse elements, which tend to change a mere colonial into a national character. CONFEDERATION. 165 I do not tliink that the importance of Canada can be over- stated ; but, unfortunately, we feel every day more and more that the relations between the mother country and those colonies, in which what we call self-government has been established, ai'e not altogether of a satisfactory nature. The Secretary of State con- templates the possibility, — and moi'e than the possibility, for he informs us that, under cei-tain civcumstancess, it would be matter of congi-atulation — of the severance of the tie between the mother country and Canada, and says that we ought to be very careful in ti-aining the Canadians before the connection tei-minates, so that they may be able to go by themselves, and not fall into the hands of any vigilant neighbour, watching for an opportunity of ap{)ro- priating and absorbing them. But what I think to be the fault of the Government in this particular case is, that they have not been thoughtful on this subject of training the Canadians. On the contrary, it appears to me that they have not trusted to the resources and energies of the Canadians, but have rather unneces- sarily anticipated duties which the Canadians were probably ready to perform themselves." Lord Palmerston said : " I agree rather with the right honourable gentleman who has just spoken, than with the right honourable gentleman the member for North Staffordshire, in the view which he takes with respect to the connection subsisting between the mother country and her colonial dependencies. With the former, I quite concur in think- ing that we should look upon our colonies as part and parcel of the British Empire. Our fellow-subjects when they remove from this country, do not cease to be our fellow-subjects ; their spirit is the same as ours ; their interests should be our interests ; we should be each to one another a source of mutual honour and mutual strength. I also quite concur with the right honourable gentleman in wishing that the day may be very ftir distant when, from various causes, those gi'eat communities may deem it to be their interest to separate from us, because I do not think such a course would conduce to their benefit, while I feel assured it would not tend to the advantage of the mother country. The m 166 CONFEDEKATION. connection between us, however, as was justly stated by tlie right honourable gentleman, can bo maintained only by the adoption of a policy, which will leave the colonies free to regulate their own affairs, binding to the mother country by links of mutual interest, and allowing the exercise of perfect freedom in matters in which the one or the other happens to be more particularly concerned." The Timex, which is regarded as rei)i'esenting most correctly, tlie existing piiblic feeling of the day, in England, thus commented Tipon the ques;tion, in its issue on the day the debate took place, 23rd July, 1802: " The conduct of the Canadian JVIinistry, in refusing to provide foi' the defence of the country the destinies of which are intrusted to their charge, neither raises our opinion of themselves or of the community over which they preside. They were brought into power by a vote refusing to create for the colony a militia con- sisting of 50,000 effective troops and 50,000 reserves. For this j)lan they have substituted the following : The Canadian militia consists of two classes — A., numbering 5,000 men, who have hitherto been drilled six days in the year, receiving in payment one dollar for each day's diill ; and B., which consists of 8,000 men, who have hitherto received no pay at all. It is felt in Canada that under existing circuiustaiices a necessity has arisen for doing something towards })utting the country in a respectable ))Osition of defence, and they have accordingly set about it in the following manner : They take 5,000 men out of class B. and add them to class A., thus raising class A. to 10,000 men, and these 10,000 men they propose to drill for 12 days in the year at half-a- The remainder of this pamj)hlet is filled with prognostications of the future of the United States, as resulting from the civil war then raging, every one of which to this time has proved untrue. More inconsecpiential reasoning, or more v;igue ideas, could hardly have been put together by any man pi-ofessing to deal with siibjects bearing upon the interests of an empire, or the welfare of millions of people. Other pamphlets and documents on the same subject, some from noble peers, some from men whose names stood high on questions connected with political economy, emanated from the English press. Men who wi-ote of the institutions of republican America almost with idolatry, but who in later life learned, from a personal knowledge of their working, to cast down the image of their early worship, did not hesitate, the former to admit the tendency of the public mind in favour of separation, the latter to CONFEDERATION. 171 dcuounce Camula as an inciilni.s on tho ri'alin tliat ouglit to bo cut uway. It may 1)0 douht(Ml wliether tlio oblivion into whicli such compo- sitions ultimately descond, is not the l)ost criterion of their value ; but it must not be for;^otten that, at the time, they are taken as indications of the j)id)lic sentiment, and tend, in the iriitation they eu<^ender, to bring about consequences which no subsequent sound reasoning can prevent. There can be no doubt that the constant reiteration of such sentiments by English writers and spers, £21,000,000 sterling to £7,000,000, or but 11«. to ^5s. sterling per head. Sir Francis Hincks, the Finance Minister of Canada, in his speech of the lOtli March, 1871, on making his financial statement to the Canadian Parliament for the financial year terminating 1st June, 1870, referring to the same subject, said : " I referred last year, to the very satisfactory jiosition of this country, as compared with that of other counti'ies — our im- mediate neighboui*s to the south of us, and the mother comitry, — both with regard to the nite of taxation and the amount of debt. I will not trouble the House by going any fui-ther into that matter now, but there is one point which I think is desei'\4ng of atten- tion, in reference to the position of the coiuitiy, and that is that Canada has in the last year, with regard to its business transac- tions with the mother country, risen from the rank of No. 1 1 in the list to that of No. 8. The expoi-ts to Canada exceed those to Russia, China, Bi*azil and Turkey, all countries having a * The imposition of duties on coal and flour by the tariff of 1S70, under what was then termed tlie national policy, repealed by the tariff of 1871. 174 CONFEDERATION. very large trade with Great Britain. But there is a very impor- tant fact in connection with this, wliich should not be lost sight of, that there is no country which trades with England that re- ceives from her so largo a proportion of her goods as Canada in proportion to her population. I have ascertained from statistics that the United States, with forty millions of people, took during the last nine months, the returns of which I have been able to get, £20,000,000 worth of goods, being at the rate of ten shillings per head of the populati(.)n. During the same period Canada, Avith four millions of people, took .£0,000,000 worth, being at the rate of £1 10s. per head, or exactly three times as much for our popu- lation as the United States. " Hon. Sir Geo. E. Cai-tier. — Each of us worth three Americans. " Hon. Sir Francis Hincks. — When you look to other lands which are put down as Ijeing the great countries with Avhich there is trade, to British India, for instance, which stands veiy high after the United States, the difference is even gi'eater. It must be remembered that British India has a population of 155,000,000, and, therefore, the exports to that country amount to about two shillings per head. Kussia receives one shilling and six pence per head ; Germany, which also stands very high in the list, about eight shillings per hetid ; so that we have the satisfaction of know- ing that this country is tlie one winch in proportion to its po})ula- tion carries on the most couimerce of any country in the world. This is a very satisfactory statement of our relations with the mother country." That portion of his budget speech of the pi'evious year (1st April, 1870,) to which Sir Francis Hincks refen-ed, it may not be inap- propriate here to quote : With regard to the means of the countiy — with regard to its ability to discharge all its liabilities — and with regard to its taxa- tion, I wo\ild desire to say a few words, and to institute a com- parison betvvccn its condition and the condition of other countries with which we are acquainted. I find, if we take Great Bi'itain that the debt of that coviitiy is about $135 per head of the CONFEDERATION. 175 population. Tlio debt of the United States is about $60 per head. I may here observe that althougli the ratio of del)t is lower in the case of the United States than in that of Great Britain, it would be unfair to estimate the burdens of the people according to the same ratio, foi' it is pretty well known that the debt of Eng- land carries a very small rate of interest, while the debt of the United States carries a large rate. Now, while the del)t of those countries is what I have statod, the debt of Canada is about $22.50 per head of the population. Tlien, again, taxation in Great Britain is at the rate of about $10 ])er head, and in the United States about $9.25, while in Canada it is only about $3.50. I do not think, bearing these figures in mind, that we need be afraid of any slight increase of ttixation which it may be necessary to impose upon tlie i)eople in order that there shall not be the least cause to a}>prehend deticits in the future. I lind, too, tliat if we take the custo"ns revenue of the. United States, it is about $1:.50 per head of the population, while the customs revenue of Canada is about $2. I may be pcnnitted to draw attention to the remarkable point, that although our customs contril)utions appear to be large in propoi'tion to tliose of the United. States, honourable gentlemen will see just now, when I draw a compari- son between the internal reveniie of the two coimtries, that the revenue from customs approaches more nearly, though still very far below that of the United States tlr.vu the internal revenue does. And the reason of that is obvious. The United States have siich high protective duties upon everything imi)oi"teil, that importations are much reduced, and the customs revenue per head does not come up as in Canada, wliere on leading articles the duties are much lower. The internal revenue of the United States is about $4 per head of the population, whereas in Canada the excise revenue is only abovit sixty-seven cents per head." In connection with these remarks of Sir Francis Hincks, it is not unimportant, in answer to those political economists, who deem England would be better without her colonies, to observe th vt commercial returns shew that at the period above mentioned, when as compared with the United States, Canada was taking of ■?■ A 176 CONFEDERATION. 'i British goocls at the rate of 35s. per head to lis. New South Wales, with a population of 450,000, was taking .£3,000,000 stg., or, j£G 13s. sterling per head, — New Zealand, with a population of 220,000, was taking XI, 700,000 sterling, or, £7 Us stg., per head, — Soiith Australia, with a population of 170,000, was taking c£l, 200,900 sterling, or about £7 sterling per head, — and Victoiia, with a poimlation of 700,000, was taking £0,000,000 sterling, or nearly at the rate of £8 5s sterling per head — thus shewing that at that time — Canada, Australia, and New Zealand alone, con- sumed more than six times as nuich of British Industry in proportion to population, than did the United States, and within a little under £2,000,000 of the total amount, viz., £18,900,900 sterling to £21,000,000 sterling. The increase since that time will more than make them equal. The returns for the iinancial year terminating 1st June, 1870, shew an increase in the Canadian ini})ortations from Crreat Britain over the preceding year, viz. : 1809, $35,704,470, or £7,348,803 sterling; 1870, $38,595,433, or £7,930,508 sterling; and those of 1871, a still larger increase, viz., $49,200,557, or £10,109,703 9s. lOd. sterling — an increase in two years of $13,430,087, or £2,700,840 9s. lOd. sterling. The following extract from Patterson's statement, (Secretary to the Board of Trade, Montreal,) for 1870, shews that the increase in each year is general, and therefore likely to continue : 1868. 1809. 1870. Cotton, piece goofls, yds. 2!),944,.5G9 2 9, 2 ■■58, 4(53 42,848,973 Haberdashery, value, £(Jl 1,129 070,471 852,277 Woollen manufactures yds. 2,1G.3.:317 1,901,641 2,791,127 Carpet and druggets " 495,.574 468,052 660,505 Worsted stuff " 5,23:5,580 5,354,039 8,200,907 Apparel and slops, value £128,805 157,470 203,635 Tlio total Canadian ti'ado, both imports and exports, in ten years (from 1800 to 1870), excluding the Hudson's Bay and North- West Territories, and British Colunvbia, but, during the last two years, including Nova Scotia and New Brunswick, had more CONFEDERATION. 177 tlian doubled itself, viz., from $08,000,000'^ to $148,387,829; f and in the year terminating 30tli June, 1871, has gone up to $170,000,000,1 of which $95,857,408 have been imports; and of those imports $49,200,557 came from Great Britain. I The following is the official statement of the Commisioner of Customs : Comparative Statement showing the total value of exports, the total value of goods imported and entered for consumption, and the amount of duties collected in the Dominion of Canada during the fiscal years ending respectively on 30th June, 1870 and 1871. Fiscal Years. Total Ex- ports. Total Im- ports. Entered for Consump- tion. Duty. Endins^ June 30, 1871 Do. do. 1870.... 74,143,098 73,673,490 8 95,857,408 74,814,339 $ 86,679,645 71,237,603 11,864,291 77 9,462,940 44 Increase 569,608 21,043,069 15,442,042 2.4(11.351 33 R, S. M. BOUCHETTE, Commissioner of Customs. Customs Department, Ottawa, Oct, 18, 1871. Moreover, it is to be observed that on the 28th day of April, 1871, the new tariff came into force, which reduced the annual taxation by a million and a half, and woidd necessarily have a sensible bearing upon the quarter tenninating the 1st June, 1871. It may fairly be assumed therefore, that, during the next ten years, the increase will be the same, if not in a greater ratio. Again, while the importation of bread stuffs into Great Britain from the United States, during a period of seventeen yeai\s, from 1853 to 1870, incresised but in the i*atio of a little over two co one, viz., from 12,809,433 bushels to 28,122,480 in 1870, except- ing extraordinary fluctuations during that peiiod, rising to * Year Book, 1871, page 41. t Bouclu'tte's official statement, Oct. 16, 1871. ', iieputy Minister of Customs. Ql fL^S( 178 CONFEDERATION. 40,000,000 in 18Gl>, and descending to under 2,000,000 in 186G ; the importations from Canada during tlie same period increased in a ratio of nearly six to one, viz., from 1,305,595 bushels in 1853 to 0,-1-22,936 in 1870, excluding similar fluctuations, rising to over 9,000,000 in 1802, and falling in 1806 to 111,255 f thus shewing that while similar causes produced in botli coiuitries a corres- ponding increase or depression, yet the comparative increase was in favour of Canada of four to one, and when it is remembei-ed that these ex2)oi'ts were paid for by the iin})orts of British manu- factures, the balance is found in favour of Canada, as a customer to Great Britain of four to one. Again, the effect of the Repeal of the Eeciprocity Treaty with the United States in 1806, was to divert an immense volume of Canadian trade from the United States to Great Britain, decreas- ing tlie exports to the United States, viz., $7,500,000 in the years 18()0 and 1807, and increasing the exports to Great Britain fi'om 13,000,000 in 1800 to 21,000,000 in 1808,t to be repaid again in British manufactures, affording a significant intimation to the Britisli producer what woidd be the result of a connection of Canada with the United States, based upon an unchangeable })olitical incorporation instead of a temporary treaty, maintained or broken off as the passions or interests of the dominant i)arty may dictate. Again, the followmg table compiled from the " Trade and Navi- gation Returns," shows tlie total quantity of tea imj)orted into the Provinces of Ontaiio and Quebec during the two fiscal years 1868-09 and 1869-70 : Fispalyear Fiscal year 1808-01). 18(Hj-70. Wlience. lbs. lbs. Great Britain 6,210,099 3,717,561 United States 1,639,121 2,674,900 China 625,625 2,373,043 Japan 95,113 Other Countries 2,024 406 Total 8,476,869 8,861, 0''3 * Patterson 1870—14. t Lowry's i:'amphlet, page 10. CONFEDERATION. 179 " It \vi]! be seen from this comimrative statement that there has been a very remarkable decrease in importation of tea from Great Britain. The impoi'ts in bond from the United States showing a laj'ge increase, while there was a great augmentation in tlie direct trade with China."* The returns of the importation of tea into the same two Provinces — Ontario and Quebec — for the iiscal year 1870 and 1871, terminating 1st June, 1871, are as follows : Great Britain 8,348,024 lbs. United States 5,081,075 „ China 1,280,777 „ Japan 075,458 ,, Other Countries 0,050 ,, Total 10,386.085 lbs. Showing with an increase of nearly two millions ovei- the preceding year — yet even less came from Great Britain than during that year — and takuig the whole importations of tea into the Dominion for the latter year, which the Returns show to be 13,781,087 lbs.,t in which Great Britain had the direct communi- cation by sea with the maritime Provinces of Nova Scotia and New Brunswick, the total importation fi'om Great Britain into the Dominion is less than it was two years ago — into the two Provinces of Quebec and Ontario alone — viz., 6,009,68 4 as against 6,210,099. From these tables and facts, which show the revolution that one railway has prodxiced in the tea trade alone in two j^ears, a fair inference may be drawn as to what will be the effect u]ion the Eastern trade of Gi'eat Britain, when the various lines of railways throughout the United States and Canada to the Pacilic are com- pleted, and the still moi-e varied productions of the East — their silks, their spices, their rice, cottons, and sugai-s, as well as their teas, seek the shorter and le.ss expensive routes, saving both time * Pattor.soa, 1870, p. 93. t Deputy Minister of Customs. 180 CONFEDERATION. and insurance ; and having a continent with its main Trunk Lines of traffic, tapped by a thousand diverging streams, for distribution as purchasers on the way. In view of England's future, this question of the transcontinen- tal railways is of very serious inipoi'tance. Pumpelly in a late work, " Aci'oss America and Asia ; Notes of a Five-years' Journey round the World," speaking of the tea trade from China., mentions the remarkable fact, that of two shipments of the same tea fi'om Hankaw, the one going by sailing A-essel to England and St. Petersburg, the other by the long land route, through China in boats and vCkSscIs, through Tartaiy on camels, thi-oiigh Siberia on sleighs, and through Russia by I'ailroads, that which took the long land I'oute cost ncai'ly the same in St. Petersburg as that which went by the sea. " Tliis," he says, " may be owing in part to the excess of duty at the Atlantic port of Russia over that on the Siberian frontiei', and i)artly perhaps to the fact that the tea which takes the ocean route requires more manipulation befoi-e shi[)mcnt than the other. The tea trade alone between China and Europe is very large, and seems, when taken in connection with many other reasons, to A\'arrant the belief that the near future will see a railroad along this important route." He points out that there would not be any very serious obstacles in the way, though the distance from Shanghai to Kazan, the eastern terminus of the Russian i-ailioad, is about 4, GOO miles, and the total distance from Shanghai to St. Petersbui-g 5,600 miles ; and observes : "Aside fi'om intei-national difficulties, the construction of such a road would, notwithstanding the greater length, seem to be a simpler })robleni than that of the Union Pacific line, for the European Asiatic road, besides connecting the two greatest mar- kets of the world, would be sure of an immediate and extensive way traffic, because in. the vast regions it would traverse, all the elements necessary thereto already exist." It may be said that a work of this magnitude is so remote that it has no practical bearing on the discussion ; but it is not more remote than was the construction of the American lines to the Pacific fifteen years ago, or the construction of the Canadian line ten years ago, and we are speaking of England's position twenty CONFEDERATION. 181 yeai-s hence. The British statesman, therefore, who, by now ignoring Canada, places tlie great lines of Eastern traffic under the conti'ol of Russia on the one side, and the United States on the other, is incurring a grave responsibility, and may leave to his countrymen the inheritance of diminished influence and power. Thus Canada is becoming daily a better market for British industry than the United States, and with its increasing popula- tion and rapidly extending area, must become still more so. But it is said that the United States will change their policy, and the above 2>osition would then be no longer tenable. On this point several im})Ortant fiicts have to be taken into consideration. It is argued that the great diminution of American shipping, and the loss of the cariying trade, will awaken the Americans to the unsoiindness of their policy. The Americans attribute this diminution and loss to the con- duct of the British Government during the civil war, and demand a corresponding compensation ; biit many of their ablest politicians and statesmen contend that, owing to the gi'eat extent and inter- nal resources of the United States, the loss or diminution of its foreign trade is not of so much conseqxience as it would be to other countries difiei'ently situated ; that the duties of excise alone had, during the year 1869-70, paid off $100,000,000 of the national debt, and would, in a few years, wipe it away altogether (assiiming that there was no increase from unexpected causes), and then that the United States would be strong and prosperous as a nation, even though she had not a merchant ship upon the seas, and no foreign carrying trade whatever. They urge that as the United States embrace within their territories both the temperate and tropical regions, they have within themselves all those produc- tions which, with other countries not so situated, constitute oljjects of exchange ; and as they have coal and iron in abundance, a popula- tion ecpial to that of Great Britain, and the best cotton in the world, they can, whenever other avocations do not pay them better, enter into competition with Great Britain in the manufacture of those fabrics, of which she now claims j)re-eminently to be the work- shop, and as her immense continent fills up with people she will have a market without competition, and under her own exclusive 182 CONFEDERATION. control, <|uito as Iiu'g(3 as all Europe, or even India can afford to Great Britain. Further, that her vicinity to China, Jajjan, and the East(;rn Archipt^lago, with her present and contenii)]ated rail- ways, must give her that market witli which Gix'at Britain cannot coiiii>ete, excei)t by means of transit throiigh her country, or a transit by the consent of other foreign nations, or l)y a long and circuitous route roiuid the Cajie of Good Hope. That, taking all thosf! things into consideration, it is of no serious consequence Avhetluu' she trades with Great Britain or not. That she can do better withoiit the fabrics of Great Britain, than Great Britah) can without her market, and that it is better for the United States, however theorists may draw other conclusions, to legislate in such a way as to consolidate hei- domain, and make her people have Avithin themselves all the habits and pursuits that will render them perfectly independent of other nations. Now, these arguments may be sound or unsound, but they are acceptable to a large body of people who like to have their own way, and are willing to })ay for it. The same princij)les which may suit a dense })opulation crowded into a small s})ace like the British Islands, with fixed habits and institutions, and great extremes of wealth and poverty, do not necessarily apply to a population like that of the United States, with a more generally diff\ised com])etence, and with an \uilimited space for expansion. Such a peoi)le with such a country may succeed even in spite of wrong theories, and no sound conclusion for a change in its policy can be based upon any inference that such a change, under sucii cirijumstances, would have to take place in England. In advocating, therefoi-e, a separation upon any expectation that the United States will prove as good ciistomers in the future as Canada will, is relying upon an uncertainty. As long as Canada remains separate from thf. United States, she can regulate her own tariff with England ; and, it is reasonable to expect, that in a few years the fact of her now owning immense tracts of those gi-eat Prairie Lands, which have formed so attractive :i feature in drawing emigration to the United States, will have u similar effect with her, and a population increasing in the same ratio, will afford to England the market which she is losing in the COXFKDERATIOX. 183 (Jnitod States. But soatv Canada from England, annnx her to tlio United States, and you will seal a whole continent ajijainst Britisli manufactures, or, at any rate, place it in the power of one- Government to do so — viz., the United States. It is argued that the ivistern market will answer the })urposc' of England, even if she should be comparatively excluded from the United States ; but the i-ailways across tlxe American Continent afford the shortest route to the Ea,st, and will div«u"t the trade in that direction. If Canada were merged in the United States, the latter would have the entire control of those routes. Canada is now building, or proposing to build, a direct line from Halifax to Vanco\iver Island, and while she remains a British i)ossession, that route cannot be closed. It is sjiid that the inlluence and the interests of the proprietors of tliese great roads in the United States will be against closing them, and that the United States Government nuist bow to such inlluence ; yet to accomplish n national or a retaliatoiy purpose, the Federal Government would not hesitate to stoj) the passage of British goods hi transitu, either from or to the East. The President of tlie United States in his Message to Congress, December, 1870, when endeavouring, as Canadians allege, most unjustly to force them into an abandon- ment of their Territorial Fishery i-ights, — rights as exclusively their own as the Fishery rights on the coasts of England, Scot- land, 01' Ireland are the rights of the })eople of those countries, — did not hesitate to say, " Anticipating that an attempt may possi- bly l)e made by the Canadian authorities in the coming season, lo repeat their unneighboiiily acts tow*ards our fishermen, I recom- mend you to confer \\\)o\\ the Executive the power to suspend, by proclamation, the operation of the laws authorizing the transit of goods, wares, and merchandize in bond across the Territory of the United States to Canada ; and, furtliei', shoiild such an extj'eme measure become necessary, to suspend the operation of any Laws, whereby the \essels of the Dominion of Canada are i)ermitted to enter the waters of the United States." How, then, can England rely upon an influence which, in the time of emergency, would be unavailable, and which would be rendered even the more impotent from the very efibrt to use it in her favour", at a time of popular excitement or national hostility. 184 CONFEDERATION. Tlien laying aside tho Huez Canal, the future utility of which seems still to be in the balance, and tho capacity of which, as- Huniing that it was not controlled in any way by Foreign Powei-s, would liardly be sufficient for the entire Eastern Trade of Great Britain ; the latter country without Canada would in that resj^ect be entirely at the mercy of the United States. Tlie interest of Canada on the contrary, as separate from the United States, is to make her covxntry, both by the gi-eat natural liighway of the St. Lawrence and by means of i-ailways, the gi'eat path of ti'ansport foi" the traffic of Western America, and of Asia to Europe — by means of light duties and cheap fares, aided by tho more equal temperature of the climate to divert the cereals of the Prairie States froni the expensive routes to New York and Pennsylvania, to Montreal and the other Canadian seaports, and in return to sui)i)ly those rapidly increasing interior States with the productions of Great Britain and Europe, by means of her canals and superior natui-al communications. As illustrative of how strongly this is tlie interest of Canada, and how conclusively therefore it may be relied on, as a jiolicy likely in the future to influence her statesmen, thereby keeping her se});irate from th(5 United States, and leaving her open to make or continiie her own arrangements with Great Britain, so as to be miitually advantageous to both, it may be mentioned that in 1864, during the discussion in the United States on the subject of the renewal of the Reciprocity Treaty, in pointing out the benefit that accrued to one country from having the transit trade of another, and as a reason why the United States should continue the Reciprocity Treaty with Canada instead of putting an end to it, Ilunt^s Magazine, one of the ablest and most authoritatiA^e works in the United States, on the Commercial Policy of the day, among other things stated, that the mere transit of 300,000 bushels of Canadian white wheat alone, from Detroit to New York, left, in ** droppings on the way" — in costs and charges on the road — to the benefit of the i)eople of the United States, (without i^aying one farthing of the piu-chase money) — $111,076 — and gave the items as follows : CONFEDERATION. 185 For elevating and shipping $6,000 Insurance against fire 1,125 Freight to Buffalo at G cents per busiiel 18,000 Transfer 3,000 Canal freight 00,000 Measuring 3,000 Commission on value in New York, at $ I 90 per bushel ... . 14,250 Lake Insurance 2,191 For odd numbers 730 During the war, a war-tax on freight on the lakes was fur- ther imposed, which created an additional charge of. $108,296 3,380 A total benefit to the United States Government and people for the transport of merely 300,000 bushels of Canadian grain $111,676 Throwing off the war tax and reversing the position, giving to Canada the ti'ansit of goods from the Western States, instead of to the United States the transit of goods from Canada, see what an advantage it would be to Canada. Thus in whatever light it may be viewed, in the interests of peace and trade, the political connection of Canada witli Great Britain twenty years hence will be of great im])ortance to the latter. But it would be unstatesman-like to look at the question solely in the light of peace. The mere patronage that Canada affords the British Government in the nomination of one solitary Gover- nor-General for all British North America is not worth naming, and therefore we must look at the question in the light of war, — not of war solely with the United States, or as regards Canada, (for if the latter were separated from England there would be no cause of war between the United States and themselves), biit as regards Great Britain in a war with any of the nations of Europe. The enormous trade of England makes her the most vulnerable nation in the world. Her extensive colonial possessions counter- balance the daiiger, and give her the means of gi-eatest efficiency us a maritime power ; but unless she retains within her own em- 13 , ^v> SMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 2 2 ^.^l Ui 140 2.0 1.8 1.25 1.4 1.6 — = == < 6" ^ Photographic Sciences Corporation 23 WIST MAIN STRUT WnSTIR.N.Y. ]4StO (716) S72-4503 iV iV ^ ■17 V> ^«iv ^ * ^:^^ o"^ '^ L 186 CONFEDERATION. pire the compensating advantages derivable therefrom, in the pos- session of ports where her commerce may resort for shelter, and her fleets may rendezvous and coal, which her antagonists do not possess, she must suffer in a degree greater than they, for it is assumed that in any future war Great Britaiji without allies is not likely to invade any of the territories of Europe, and the conflict would be one of maritime warfare. By the advancement of science, in the application of steam, the adoption of ironclads, and the invention of powerful guns of pre- cision at long distances, other nations have been brought more on an equality with Great Britain. The dashing days of Nelson and close quartera, of nautical skill in gaining the weather guage and boarding at the yard arm, have passed away forever. A Prussian or a Frenchman may not be as good a sailor as an Englishman, but he may be quite as good, if not better, as an artillerist, and future contests between ships will be regulated as much by science as by courage. England's commerce is spread over every sea. Let us suppose that Canada is separated from her either by annex- ation to the United States, or by having become an independent power. In such a case what self-producing coaling station will England have in Ameiica ] What i*endezvous for her fleets 1 As neutrals, if separated, the same law must be extended to herself that is given to her foes — twenty-four hours in poi-t and no muni- tions of war ; for it is vain to suppose if Canada be separated the rich coal fields of Cape Breton or Nova Scotia, of British Colum- bia or Vancouver Island, in time of war would be at her command. The nobie harbour of Halifax, with its splenaid dockyards and impregnable foi'tifications of Esquimault, with its wide and deep bay, will no longer be under the Britisii flag. There can bo no Gibralter in America, and when England withdraws from Britisii America, she hauls down her flag from every rock and hill. Reference may be made to the last Russian war, and it may be said that during that war Biitish commerce needed no American ports. Perhaps not. But a war with France and Russia com- bined, or Prussia ard any other European power possessing Mediterranean as well as Baltic ports, or poi'ts on the English Channel, and many of them, from which fleets and privateera could issue, would make a great diflerence. CONFEDERATION. 187 Thus in aiiy future war — in such a capfl — England would loHe the immense advantages she has hithei*^x) possessed. But if this should be so, in case of a European war, how much more disas- trous would it be in case of a war with the United States — England without a place of sholcer on the whole North Atlantic and Noiiih Pacific coasts, and the United States with a thousand harbours on each, from which vessels could issue to prey upon England's European commerce on the Atlantic, and her Eastern commerce on the Pacific. The United States at the same time possessing, in her own great inteiior continent, a field for intermil ti'ade so vast, that the loss of her foreign commerce by the wai* would not be felt. It may be said, there are to be no more wars, and all disputes between nations ai-e henceforth to be settled by arbitration. It would be well if it were to be so ; but it is hardly worth while to cut one's miiscles until one is sure there will be no more fighting. The history of the last twenty years does not authorise any such conclusion, and the unceasing note of preparation, which rings throughout England, shows that she does not place mnnh reliance on the doctrine that she preaches. Thus, in the light both of peace and war, the retention of Canada as a part of the Empire, may be of the very greatest con- sequence to England. • ) ' * On the other hand, how would separation afiect the present and future of Canada 1 It may be stated at once, that on the part of the gi-eat — veiy great — majority of the people of Caiuida, there is no desii-e for any change. Apart from all questious of material advantage, the feeling with them is one of sentiment. They identify themselves with the glory and prestige of England ; they inherit the feelings of attachment to the old soil, theii* fathei-s brought with them to this country ; and they no more desire to get rid of their allegiance than an honest son would of the attach- ment that binds him to his father, even though that father may have ceased to afford him pecuniary aid. The i*ecun'ence of a second shock, like that created by the " Ashbiu'ton surrender," would, in the present day, ai'ouse a very bad feeling ; but the modem policy of England rendera that improbable, and it may safely be affirmed that the " status quo " is one which will not be 188 CONFEDERATION. disturbed for many years, except by England's own action, A separation involves two distinct phases — one of annexation to the United States, one of independence as a distinct sovereign jwwer. With reference to the first, it is difficult to see any advantage to be gained by Canada, except the internal market of the United States, while it would be accompanied with theii' increased taxa- tion, and the entire loss of her own autonomy, besides which, whether beneficial or not, the people are against it. Co-existent, however, with this latter feeling, it may not be inappropriate to observe that the opinion is also prevalent thrt ighout Canada, that in all negotiations vrith the United States, touching afiairs in which British America has been interested, the United States have on every occasion got the advantage of England — ^that in every instance, on the question of ;undary, she has been deceived — that on the question of the Fisheiy rights she has been trifled with ; and though tlie question of the Alabama Claims is one so entii-ely of an Imperial character, and the burden — if a pecuniary compensa- tion should be awarded — so purely a question of home policy that Canada has nothing to do with it, yet, whether it be right or wrong, the impression does exLst, that English diplomatists are no more fitted to compete with American diplomatists in stateci*aft on questions affecting American interests, than a Londoner would be with an Indian in woodcraft in an American forest.* In order to underetand the second, that of independence as a sovereign power, the enquiry suggests itself, what are the material advantages derived from being connected with England ? Let all di'ead of the United States, so far as Canada is con- cerned, be removed from the consideration of the question. As between the two countries, in case of a separation, there is no likelihood of any cause of disturbance. Apart from the Fenian and rowdy element in the United States, a kindred sentiment prevails between the two peoples, and their better class of citizens are in favour of the more Conservative element still existing in the Canadian Institutions, though it has ceased in their own. In case of the continued coimection with England and a war arising ' See Howe's Comments on Imperial Policy.— Appendix B. CONFEDERATION. 189 between that country and the United States, in which, perliaps, the brnnt of the land conflict might have to be bonie on their soil, Canadians no; only do not admit the position taken by the Times and the other wiitei-s and speake!*8 referred to, as to the defence of their coiintiy ; but on the contraiy, they contend that if England will only do her duty, and stand ))y theiu witlx a fiiir j)ro portion of military and naval aid, the countiy can be as well defended now tis in 1812. Tlie Ht. Lawrence and the lakes, if Great Britain promptly availed herself of her maiitime superiority and made good use of it, afford a frontier sufliciently defensive as well as offensive to prevent any very gi-eat dreau of an invasion on the ])ai't of the two Provinces of Ontario and Quebec. With reference to the Maritime Provinces, the sea is their safeguard. Apart, therefore, from such contingencies, what are the raateivial advantages 1 As a matter of i)o\inds, shillings and pence, it has been shewn that Canada beai-s all her own exjjeuses of every kind, not only for internal self government and local development, but for those external aids in the maijitenance of lights and marine establishments along her coasts, which are as essential to British rnd foreign commerce as to her own. By the entire withdrawal of Her Majesty's troops, the burden of military defence, in all cases except of an Imperial contest, has been thrown upon the Dominion. To this, there can possibly be no objection. The troops were sent here for an Imperial purpose, when the Imperial advisera of the Crown thought for the purpose of concentration in England or otherwise, they should be withdrawn, they were withdrawn. They had accomplished the object for which they were sent, and Cana- dians were, and are indebted to thei for that military instimction and bearing which has tended so materially to instil into them the piinciple of self-reliance, and when on duty, of military subordina- tion. For revenue purposes, and a cojist guard over the tisheriea, Canada has to bear the expense. In all her civil and military departments the same, not a shilling from the English Exchequer finds its way into Canada for a Canadian pin-pose. On the other hand, Canada derives a great pecimiary advantage, indeed an in- calculable advantage fi-om the connection, in the benefit of protec- tion to her commerce by the British navy. Already the third 190 CONFEDERATION. 11 ii maritime country in the world, her ships under the British flag are spreading over every sea, and as British ships bear with them wherever they go, that power, which, though unseen, like the atmosphere, in felt everywhere. To this navy she contributes no portion of the expense. Again, in the representation of her interests at foreign courts, in the protection of her citizens abroad as British subjects, she has the same benefit as the tax-payer of the British Isles, who beai-s all the burden of the Imperial expenses, while she contributes none. An Englishman with eveiy privilege — without his burden — it is difficult to conceive, practically a more independent position. Tiiie it is, this Navy and Foi*eigu Re- presentation would equally have to be kept uj), if Canada were in no way connected with England, not a ship is added to her navy, or a man to her anny, on account of Canada, yet that in no way dei'ogates from the fact that Canada has the benefit, without the payment. Reviewing then the whole subject, and balancing the considera- tions on both sides, the conclusion must be that in the hour of Great Britain's difficulty with European nations, or with the United States, the loss from the separation in the future would be greater to England than to Canada. Canada, if separated and independent, would have to assume a burden equal to all her pre- sent expenditure for the maintenance of a navy and dl^^lomatic repi'esentation with foreign governments, to say nothing of the humiliations to which a weak power may sometimes have to sub- mit when assorting with others whose means are immeasurably greater. But England, on the other hand, would lose, in the event of Canadian independence, the most available means of pro- tecting her commerce in case of war ; and in the event of annexa- tion to the United States, would be for all time to come, in mat- ters of trade, both in the east and in the west, entirely at the mercy of the United States, in peace as well as in war. Thus it would seem to the interest of both parties to continue the connection. Canadian pride might be flattered by Canada being classed amid the great family of nations, but her public unproductive expenditures would be largely incre;ised. British prudence might deem that the empire had got rid of an element of CONFEDERATION. 191 trouble with ono nation, but might find that the removal of that element had left her powerless in her contests with six others, if not all. Viewed in either light — in the cold aspect of material calculation, or the warmer glow of a more generous patriotism, the true friend of both countries would desire that no sevei-ance should take place. With the cementing of a friendly feeling with the United States, and the joint rivalry of Great Britain and Canada and themselves in works of progress and civilization, it might well be anticipated that the humanities of life would be promoted, and civil and religious liberty become more widely diffused. The importance of the connection of Canada with Great Biitain, in view of the future position of the latter, ought not to be too lightly estimated. In a late article in one of the leading periodi- cals of the day (Blackwood), " How is the couutiy governed," * it is said : " The departments of state in which the people of Eng- land take, as is natural, the deepest interest, are the Home Office, the War Office, the Admiralty, the Treasury, and the Foreign Office. The business, as well of the Colonial as of the Indian Office, may be, and doubtless is, both weighty and important, but it attracts, comparatively speaking, little notice out of Downing Street, and beyond the dooi-s of the Houses of Parliament, for this sufficient and obvious reason, that whether ill or well con- ducted, it affects the interests of the masses only in a secondary degree." The tnith of the above statement can hardly be ques- tioned, but the reason assigned may well be. The failure or inse- curity of the commerce of England would affect the interests of the masses more than the result of the question whether the elections should be conducted by ballot or vivd voce, and quite as much as the settlement of the question whether Alsace or Lorraine belonged to Germany or France. The point to be looked at is, whether England, with the whole continent of North America sealed against her — in peace by an antagonistic policy, and in war if with a European power by the law of neutrals, should Canada be independent, and of necessity if with the United States, should Canada be merged in the latter — can retain her commeree. In Canada the impression is she could ■ ■ tl . ' ' ',-5 ' i« 192 CONFEDERATION. 11 ■■■ ^ not. The followiixg observations from a leading American states- man, and one of the most euiinent staticians of the United States, whose opinion is of marked weight in that coimtry,* tend strongly to confirm the views before expressed. He writes : "Tlie internal and coastwise trade of our country greatly exceeds oiu' foreign trade, and consecpiently we feel the loss of our tonnage in foreign trade mucli less than it would be felt by other countries. That oiir pros])erity depended more upon our internal resoui-ces and exchanges tliaii it did upon the carrying trade ; that our reveixues from the excise on tobacco and liquors would, this year, meet the interest on our whole debt, and suffice to pay the principal before the close of the centiuy ; that by tlie aid of our internal revenues we had last year paid $1()0,000,()00 of our debt. And that wlien English politicians assumed that our power was crij>2>led by the loss of a quarter of our tonnage, they fell into a serious error — because they did not appreciate the magni- tude of our internal resources. England measures the resources of luitions by their exports and their im})orts and tonnage engaged in foi'eign trade. We adopt a different standard. We have less ships, 'and less exports and imports in foreign trade than England. Our commerce is chiefly coastwise and continental ; but while the entries and clearances of shipping in the British Isles are less than 40,000,000 of tons aimually, ours exceed 87,000,000 of tons. Our iidand movement by railways and canals is still larger. The inland ti-affic by i-ailway and canal of the single State of New York, this year, exceeds 14,000,0.00 of tons. By my estimate, the agricultural productions of the irnited States annually exceed $3,000,000,000 ; theii* minerals and manufactures will reach $2,800,000,0,00 ; their exports and imports will equal $1,200,000,000; their growth in wealth annually $1,500,000,000; their annual growth in population 1,200,000. If our country has lost shipping, it has built 50,000 miles of railways — more rail- ways than all Europe has constructed. Last year our country raised 4,200,000 bales of cotton; 1,200,000,000 bushels of corn; 500,000,000 bushels of other breadstuffs ; 200,000,000 gallons of * Mr. Derby of Boston ; SeptPinber 15tb, 1871. CONFEDERATION. 193 petroleiim. It sustains,^ also, moi'e than 100,000,000 of cattle, «heep, and swine. As resi)ect8 our commercial policy, our country has since the war re[)ealetl more than .$300,000,000 taxes and duties, without mateiially i-eduoing its net revenue. It stiaick off last year $24,000,000 of duties and $56,000,000 of taxes, and can, I think, tliis v.inter spare $80,000,000 more, and still reduce its debt rapidly. Should we do so, the nation in eight yeai-s more — should a crisis occur — would l)e able to raise, by taxes, duties, and loans, twice the amount it did i-aise in 1865 — in which year we drew from oxir people in taxes and duties $530,000,000, and by home loans $500,000,000 more. "We are now increasing our shipments to England more rapidly than ever before, and can spare her maiuifactures more easily than she can dispense with the food and raw material we furnish." : . However much, therefore, English political economists may <[uestion the soundness of the trade theories of the United States, it is plain that until her great continent becomes as densely peopled as the British Isles, she need not trouble hei-self much about the discussion. In the presence of such a power twenty yeaivs hence, should England i*ashly throw away Canada, British commerce may bow its head. , Vr: ':■ ( [194] CHAPTER VII. Deljate in the Canadian Legislature on Confederation — The Clovemor- General's Speech- -Motion in the Legislative Council — Do. in the House of Assembly — Character of the Debate — Division in the Council on the main motion — Names — Do. in the House — Names — Synopsis of speeches of men representing views of all parties — A. D. 1865. When the Canatliar Legislature met in February, 1805, it at once entered warmly and boldly into the question of Confeder- ation. There was no faltering either on the part of the Govern- ment or the people. Strong in the conviction of its advantages, the Cabinet were a unit, the several ministei-s vieing w ith eacli other only iii tlie generous rivalry wlio should be most es>rnest in the work. The Governor-General brought the subject 1 '''>re the House in his opening speech : " I informed you that it was my intention, in conjunction with my ministers, to prepare and submit to you a measure for the solution of the constitutional problem, the discussion of which has for some years agitated this province. A careful consideration of the general position of British North America, induced the conviction that the circumstances of the time afforded the oppor- tunity not merely for the settlement of a question of provincial politics, but also for the simultaneous creation of a new nation- ality. Preliminary negotiations were opened by me with the Lieut.-Govemors of the other provinces of British North America, and the result was that a meeting was held at Quebec, in October, composed of delegates from these colonies, representing all shades of political party in tlieir several communities, nominated by the lieutenant-Govemoi's of their i-espective Provinces, who assembled here, with the sanction of the Crown and at my invitation, to confer with the members of the Canadian ministry, on the possi- bility of effecting a union of all the provinces of British North America. This Conference by lengthened deliberations arrived at the conclvision, that a federal union of these Provinces was feasible and desirable, and the result of their labour is a plan of CONFEDERATION. 195 constitution for the proposed union, embodied in a series of resolutions, which, with other papei-s relating to the subject, I have directed to be laid before yon. The general desire of a union, and the particular plan by which it is proposed to caiTy that intention into effect, have both received the cordial ajjproba- tion of the Imperial Government. An Impenal Act of Parlia- ment will be necessary in order to give eft'ect to the contemplated luiion of the colonies ; and I have been officially infonued by the Secretary of State, that Her Majesty's miuistei's will be prepared to introduce a Bill for that purpose into the Imperial Parliament, as soon as they shall have been notified that the proposal has received the sanction of the Legislatures rejn'esenting the several j)rovinces affected by it. In commending to your attention this subject, the importance of which to youi-selves and to your descendants it is impossible to exaggerate, T woiild claim for it your calm, earnest, and impartial consideration. With the public men of British North America it now rests to decide, whether the vast tract of country which they inhabit shall be consolidated into a State, combining within its area all the elements of national greatness, providing for the security of its component pai-ts, and contributing to the strength and stability of the empii-e; or, whether the several Provinces of which it is constituted, shall remain in their present fragmentary and isolated condition, com- paratively powerless for mutual aid, and incapable of undertaking their proper share of Imperial i-esponsibility. In a discussion of such moment, I fervently pray that your minds may be guided to conclusions which shall redound to the honour of our Sovereign, to the welfare of her subjects, and to your own reputation as patriots and statesmen." On the 3rd Februaiy, the report of the Convention, in the shai)e of the resolutions already given, were brought up for discussion in the Legislative Council, on the following motion by Sir E. P. Tach6, viz. : " That an humble address be presented to Her Majesty, praying that she may be graciously pleased to cause a measure to be submitted to the Imperial Parliament, for the purpose of uniting the Colonies of Canada, Nova Scotia, New \4 T vf I 196 CONFEDERATION. Bnmswick, Ncwfouutiland and Prince Edward Inland, in one Government, witli provisions baaecl on the resolutionii, wliich were adopted at a Conference of delegates from the said Colonies a^ the city of Quebec, on the 10th October, 1864." The resohitions are then set forth, and are the same as those already giv(!n on i)age 6(5, except the 24th, which has the altera- tion before adverted to, and is as follows : "24. The Local Legis- lat\ire of each Province may from time to time alter the Electoral Districts for the piii-pose of representation in snch Local Legisla- tures, and distribute the representation to which the Province is entitled in such Legislatin-e in any manner such Lt^gislature may see tit." A similar motion was made in the other House. It may be said of the debate which followed in l>oth Houses, that it would have i-eflected credit on any assembly. Sustained thi'oughout, over a succession of many weeks, by courtesy and forbearance in the speakers and members towards each other, it was nevertheless characterized by a fearless and exhaustive examination of the propositions. Overruling all, there breathed throughout a lofty patriotism, and an abiding confidence in the future of Canada. It is impossible to give this debate in full — it would be injustice to summarize it. The Legislature caused it to be published in a distinct volume by itself, so that it is open to all parties, withoxit labour or difiiculty of attainment. The views of Messrs. Macdonald, Cartier and Brown on the one side, and of Messrs. Sandfield Macdonald and Holton on the other, as the leaders of their respective parties ; of Mr. Gait, from his admittedly high financial position and commercial knowledge ; of Mr.. Dorion, jis the leader of the Rouge section of the liberal party of Lower Canada ; of Mr. Joly, as an educated French Protestant, and representative of the niral and landed interests ; of Mr, Langevin as a French-Canadian, a member of the Cabinet, and assumed to speak with the authority, ^nd to a great degree the sentimentf-, of the Roman Catholic clergy and party ; of Mr. Rose, as an eminent barrister of Montreal, a banker, and politician of much experience ; of Mr. Dunkin, as a critical lawyer, analysing the subject with microscopic power ; and of Mr. Shanly, an inde- I ^m CONFEDERARION. 197 pendent meml)er of Parliament, touching upon a point not referred to by the other speakers, caixnot fail to command attention. The speeches of MeKsra. Cartier and Brown, on different occasions, hav6 already been j^iven at gi'eat length. It is considered that the sub- stantial observations of the other meml)ers, now selected as rei)re- sentative men of different interests and classes, condensed as much as possible and added to theirs, fairly represent and consolidate the opinions of all parties at t' e time. The omission of the observar tions of other speakers is simpiy to avoid unnecessary reiteration. In the Legislative Council the discussion was equally able. On a review of the whole debate, one is perce[)tibly struck with the gi'eater depth of view, the broader forecast, and more states- man-like jwsitions of the supporters of the measure, than of its opponents. It would indeed have been a melancholy day for Canada, if the sectional jealousies and purely local considerations which were urged by the opposition, however disinterested may have been the motives of its leaders, had prevailed. Laying aside the ministerial difficulties, and the antagonistic attitude of the two divisions of old Canada proper, which hful rendered constitutional government impossible, and made some change essentially necessaiy, it is plain that the future interests of British North America requii'ed a broader development than coiild have been afforded by any congeries of Provinces, working in indifferent if not hostile relations towards each other. To the Maritime Provinces the change was as essential as to Canada. It is true, the machinery ox theu* local governments was working smoothly, and no pressing internal difficulty necessitated any departure from the existing system. But the horizon was circumscribed, and very limited. No Province cpuld speak with any weight of position. Trade was daily seeking further expan- sion ; but negotiations with half-a-dozen Provinces, each regulating its own tariff, rendered complications \\ith foreign countries and the Imperial Government, through whom they had to speak, so great, as to neutralise action. The British Government looked upon the affaii"s of British North America and its six or seven Governments, as an endless chain of trouble, i)erpetually revohing, and always showing the same unending types. f^m^^ 198 CONFEDERATION. One strong hand, one strong will, presiding over and cementing all, constitutionally sjieaking to the parent state through its Parliament and ministers, would do more in one year to advance the material progi*ess of the whole country, and remove the difficulties of dealing with foreign states, so far as British North America was conf "ned, than would a dozen years of negotiation with the separate - ovinces. The greater horaogeniety that would be engendered, the fus'on of interests in the undertaking of great works, the national character and national spirit that would be created, would all tend to strengthen those elements which lie at the foundation of a nation's greatness. It is absurd to sui)pose, that British North America, with its half a continent of boiindless domain can always hang a de- pendancy upon England. Its people will and must develop their material interests, and on the spot, they are better jixdges of hoAv that is to be done, than those who only think for them at a distance. It requires no separation, no change of sovereignty, but it requires a cessation of dejiendance — Canada must not en- tangle Great Britain in any way. The latter's position towards all other countries ought to be such, f«s to leave her free, to act for her own Imperial interests, without being constrained by considerations for Canada, and the only way to accomplish that end, is by Canada becoming united and strong. Those who foresaw, and boldlv shadowed forth this consumma- tion, wh'> advocated not only the union of the Atlantic Provinces, but the admission of tlie North- West Territories arU of Britisli Columbia, will hereafter rank iiniong the class of statesmen, who, rising above the influences of their time, or the pressure of local causes, grasp the future in their hand, and mould the destinies of empire. But to the debate. Sir Etienne Tach6, in the Legislative Council, in a fair and temperate speech, moved the resolution, observing : " The reasons for its introduction wei-e two-fold. They related, first, to the intrinsic merits of the scheme itself, divested of all other <;onsidei*ationB, and next, to the settlement of the domestic difficul- CONFEDERATION. lUD ties which for some years had disti"acted the country, aiid the means we might and ought to employ to restoi-e good feeling, harmony and concord thei-ein. He would fii-st address himself to what he considered the intrinsic merits of the scheme of Confederation, and he would therefoi'e say that if we were anxious to continue our connection with the British Empii'e, and to })reserve intact our institutions, our laws, and even our remembrances of the past, we must sustain the measure. If the opportunity wl.Ich now presented itself were allowed to pass by unimproved, we woiild be forced into the American Union by violence, ami if not by violence, would be placed upon an inclined plane which would carry us there insensibly. In either case the result would be the same. In our piesent condi- tion we would not long continue to exist a« a British colony. The people of the Northern States believed that Canadians sympathized with the South much more than they really did, and the consequences of this misapprehension were : first, that we had been threatened with the abolition of the transit system ; then the Reciprocity Ti'etity was to be discontinued ; then a passport system was in- augurated, which was almost equivalent to a prohibition of inter- coiu'se, and the only thing which really remained to be done was to shut down the gate altogether and prevent passage through their territory. Woiild any one say that such a state of things was one desirable for Canada to be placed in] Will a great people in embryo, Jis he believed we were, coolly and tranquilly cross theii' arms and wait for what might come next? For his part he held that the time had now ai'rived when we should establish a union with the gi-eat Gulf Provinces. He called them gi-eat advisedly, for they had within themselves many of the elements which went to constitute gi-eatness, and of some of which we were destitute. No one could deny that the Gulf Pro- vinces were of immense importance, if only in respect of theii* fisheries. Then they were rich in minerals. Theii- coal alone was an element of great wealth. It had been said that where coal was found the country Wfus of more value than gold. Look at Eng- land, and what was the chief source of her wealth if not coal? Deprived of coal, she would at once sink to the rank of a second or third rate i>ower. But Canada had no coal, and notwithstand- trrrr 200 CONFEDERATION. ing all her other elements of greatness, she required that mineral in order to give her completeness. What she had not, the Lower Provinces had ; and what they had not, Canada had. Then as to ship-building, it was an industry prosecuted with great vigour and success in those provinces, especially in New Brunswick, and some of the finest vessels sailing under the British flag had been built in the port of St. John, which annually launched a considerable number of the largest class. They were not beggai-s, nor did they wish to come into the union as such ; but as independent Provinces, able to keep up their credit, and provide for their own wants. They woixld bring into the common stock a fair share of revenue, of property, and of every kind of industry. As to Canada itself from the 21st May, 1862, to the end of June, 1864, there had been no less than five different Governments in charge of the business of the country. Much had been said on the war of races, but that war was extinguished on the day the British Government gi-anted Canada Responsible Government, by which all its inhabitants, without distinction of race or creed, were placed on a footing of equality. The war of races found its grave in the resolutions of the 3rd September, 1841, and he hoped never to hear of it again." The attack was led by Mr. Currie, ably supported by Mr. Letellier de St. Just and Mi-. Sanborn. They pointed in succes- sive columns of statistics to the inequalities of the burdens, as they alleged, to be borne by Canada, and to the constitutional objec- tions put forward on behalf of the French Canadians ; but as their arguments were substantially the same as those urged by the opponents of the measure in the Lower House, they will be found in the speeches hereinafter quoted from. . ■■■> The result in both Houses wa^s the same : the motion was sus- tained by large majorities ; in the Lower House, on a division, by ninety-one members to thirty-three, only five members being absent out of a house of one hundred and twenty-nine, namely : Yeas. — Messieurs Alleyn, Archambault, Ault, Beaubien, Bell, Bellerose, Blanchet, Bowman, Bown, Brosseau, Brown, Burwell, CONFEDERATION. 201 Cameron (Peel), Carliiig, Attorney-General Cartier, Cai"twi'ight, Cauclion, Chambei"H, Chapais, C'ockbiirn, Coniellier, Cowan, Cur- rier, De Boncher\ille, Denis, De Niverville, Dickson, Dnfresne (Montcalm), Dunsford, Evantui-el, Ferguson (Frontenac), Fergu- son (South Simcoe), Gait, Gaudier, Gaiulet, Gibbs, Harwood, Haultain, Higginson, Howland, Huot, Irvine, Jackson, Jones, (N. Leeds and Gi-enville), Jones (Sotith Leeds), Knight, Lange- vin, Le Boiitillier, Attorney-General IVlacdonakl, MacFarlane, Mackenzie (Lambton), Mackenzie (Noi-tli Oxford), Magill, McCon- key, McDougall, ]\£cGee, McGiverin, Mclntyre, McKellar, Morris, Morrison, Parker, Pope, Poulin, Poupoie, Powell, Rankin, Riiy- mond, Rt'jnillard, Robitaille, Rose, Ross, (Cliamplain), Ross (Dundas), Ross (Prince Edward), Scoble, Shanly, Smith (East Diirliam), Smith (Toronto East), Somer^'ille, Stii-ton, Street, Sylvain, Thompson, Walsh, Webb, Wells, White, Willson, Wood, Wright (Ottiiwa County), and Wright (East York)— 91. Xajfs. — Messieui"s Biggar, Boiu-assa, Camoi-on (Noi-th Ontario), Caron, Coupal, Dorion (Diiuumond and Ai-thabaska), Dorion (Hochelaga), Duckett, Dufresne (Iljei-ville), Fortier, Gagnon, (leotfrion, Holton, Houde, Huntington, Joly, Labreche-Viger, Laframboise, Lajoie, Mac^donald (Cornwall), Macdonald (Glen- garry), Macdonald (Toronto West), O'Halloran, Paquet, Pen-ault, Pinsonneault, Pouliot, Rymal, Scatcherd, Taschereau, Thibaiuleau, Tiemblay and Wallbridge (North Hastings) — 33. And in the Upper House Viy an ecpially oouniiauding division, namely : Contents. — Honourable Messiexn's Alexander, Allan, Armand, Sir N. F. Belleau, Bennett, Fergusson Bliiir, Blake, Boulton, Boss(5, Bull, Burnham, Campbell, Christie Crawfoi'd, De Beaujeu, Dickson, A. J. Duchesnay, E. W. J. Duchesnay, Dumouchel, Feri'ier, Foster, Gingnis, Guevi-emont, Hamilton (Inkerman), Hamilton (Kingston), Lacoste, Leonard, Leslie, McCrea, McDonald, McMaster, Macpherson, Matheson, Mills, Panet, Price, Read, Renaud, Ross, Ryan, Shaw, Skead, Sir E. P. Tach^', Vidal and Wilson. — 45. Noiircontentx. — Honouiuble Messieui's Aikins, Archambault, Armstrong, Bui-oau, Chaffers, Currie, Flint, Letellier de St. Just, 14 202 CONFEDERATION. Malliiot, Moore, Olivier, Proulx, Reesor, Seymour and Siinp- fcioii. — 15. In the Lower House, the campaign was opened on the 6th February, 186.^, by the Attoniey-Genei'al West, John A. Mac. donald introducing the resolutions, and making a motion similar to the one moved by Sir E. P. Tach6 in the Upper House. He remarked substantially as follows : " That in fulfilment of the ]>romise made by the Goverinuent to Parliament at its last session, he had to submit a scheme for the Confederation of all the British Noi'th American Provinces — one which, as propounded thi-oiigh the press, had received almost no opposition. This subject was not a new one. The attention of the Legislature was first formally called to it by the Minister of Finance, Mr. Gait, some years ago ; but it was not taken up by any i)arty as a bi-anch of their policy, until the formation of the Cartier-Macdonald Administration in 1858. A despatch was addressed by three membei's of that Administration to the Colonial OflSicc, The subject, however, though looked uj)on with favour by the country, did not begin to assume its present propor- tions until the then last session. Then the leading statesmen on both sides came to the common conclusion, that some step must be taken to relieve the country fi'om the dead-lock and imi)ending anai'chy that hung over it. With that view, a committee was struck, composed of gentlemen of both sides of the House, of all shades of political opinion, without any reference to whether they were supporters of the Administration of the day or belonged to ^ the Op})osition, for the purpose of taking into deliberation the evils which threatened the future of Canada. The committee, by a wise provision, agreed that the discussion should be freely entered upon without reference to the political antecedents of any of its membei's, and that they should sit with closed dooi*s, so as to be able to approach the subject frankly and in a spirit of com- promise. The committee included most of the leading members of the House. The rej^ort of that committee was laid before the House, and then came the political action of the leading men of the two parties in the House, which ended in the formation of the CONFEDERATION. 203 then Government. The principle upon whicl' that Government was formed, was for the purpose of canying out the object which received, to a certain degree, its complution by the I'esohitions. All agreed jus to the expediency of effecting a union between all the Provinces, and the superiority of such a design, over the smaller scheme of having a Federal Union between Upper and Lower Canada alone. By a fortunate coincidence the desii-e for union existed in the Lower Provinces, and a feeling of the neces- sity of strengthening themsehes by collecting together the scat- tered colonies on the sea-board, had induced them to form a convention of their own, for the purpose of effecting a union of the Maritime Provinces of Nova Scotia, New Bnmswick, and Prince Edward Island, the Legislatures of those colonies having fomially authorized their respective Governments to send a dele- gation to Prince Edward Island, for the jjurpose of attempting to form a union of some kind. The Canadian Government appeared before that Convention, and submitted the scheme of the larger union. On its acceptance, though unofficial, they returned to Quebec ; and then the Government of Canada invited the several Governments of the sister colonies, to send a deputation from each of them for the purpose of considering the question, with some- thing like authority from theii- respective Governments. The result was, that on the 10th October they met at Quebec, and the fu'st resolution before the House wa.s passed unanimously. The resolution is, ' That the best interests, and present and future prosperity of Britisli North America, will be promoted by a Federal Union under the Crown of Great Britain, provided such union can be effected on principles just to the several Provinces.' It seemed to all the statesmen assembled, that the beat interests, and present and future prosperity of British Noi'th America, would be promoted by a Federal Union under the Crown of Great Britain. If we wish to form a great nationality, commanding the i-espect of the world, able to hold our own against all opi)onents, and to defend those institutions we prize ; if we wish to have one system of government, and to establish a commei'cial union, with imrestricted free trade, between the people of the five provinces, belonging, as they do, to the same nation, obeying the same 204 CONFEDERATIOX. Sovereign, owning the same siliegiance, i.jul being, for the most part, of the same blood and lineage; if we wish to be able to afford to each other the means of mutual defence and support against aggi'ession and attack — this can only be obtained by a union of some kind between the scattered and weak boundaries composing the British North Amei'ican Pro\inces. He said thei-e were only three modes that were at all suggested, by which the dead-lock in affairs, the anarchy which was dieaded, and the evils which retarded the prosperity of the countiy, could be met or averted. One was the dissolution of the union between Upper and Lower Canada, leaving them as they were before the union of 1841, Tliat proposition by itself had no supporters. The next mode suggested, was the granting of representation by popu- lation. That of itself was not desirable, because it would have left serious grounds of discontent in Lower Canada. The thii'd and only means of solution was the junction of the provinces either in a federal or a legislative union. As regards the comparative advantages of a legislative and a federal union, if practicable, he thought a legislative union would be preferable. But on looking at the subject in the Conference, j was found that such a system was imprac Li cable. In the first place it would not meet the jussent of the people of Lower Canada. There was also as great a disinclination on the part of the various Maritime Pro- vinces to lose their individuality, as separate political organiza- tions, as was observed in the case of Lower Canada herself. There- fore, those who were in favour of a legislative union were obliged to modify their views and accept the project of a fedeiul union as the only scheme practicable, even for the Maritime Pr9vinces. Because, although ohe law of those provinces is founded on the common law of England, yet eveiy one of them has a large amount of law of its own — colonial law framed by itself, and effecting every relation of life, such as the laws of property, muni- cipal and assessment laws ; laws relating to the liberty of the subject, and to all the gi-eat interests contemplated in legislation ; in short, the statutory law of the different provinces was so varied and diversified that it was almost impossible to weld them into a legislat"' union at orce. The Lower Pi-ovinces evinced a great CONFEDERATION. 205 desire for the final assimilation of the laws. One of the resolu- tions provides that au attempt shall be made to assimilate the law s of the Maritime Provinces and those of Upper Canada, for the purpose of eventually establishing one body of statutoiy law, founded on the common law of England. One great objection made to a federal union was the expense of an increased number of legislatures ; but it would be shown that the expenses under a federal union would not l)e greater than those under the existing system of separ-ate governments and legislatures. The admixture of subjects of a general with those of a private oharacter in legis- lation mutually interfere with each other ; whereas, if the iitten- tion of the legislature was confined to measures of one kind or the other alone, the session ' parlianient would not be so protracted, and therefore not so expensive. Nominally there was a legislative union in Canada, yet, as a matter of fact, since the union in 1841 it was a federal union ; in matters afiecting Ui)[)er Canada solely, membei's from that section exei'cised the right of exclusiAC legisla- tion, while members from Lower Canada legislated in matters affecting their own section. The whole scheme of Confederation , as propounded Ijy the Conference, as agreed to and sanctioned by the Canadian Government, beai-s \ipon its face the marks of com- promise. It must be considered in the light of a treaty. Just so surely as this scheme is defeated, will be revived the original proposition for a union of the Maritime Provinces, irrespective of Canada. We know that the Tlnited States at this moment are engtiged in a war of enonnous dimensions ; that the occasion of a war with Great Britain has again and again aiisen, and may at any time in the future again arise. We cannot foresee what may be the result ; we cannot say but that the two nations may drift into a war tis other nations have done before. It would then be too late when war had commenced to think of measures for strengthening ourselves, or to begin negotiations for a union with the sister provinces. At this moment, in consecpience of the ill- feeling which has arisen between England and the United States, the Reciprocity Treaty, it seems probable, is about to be broiight to an end ; our trade is hampered by the passport system, and at any moment we may be deprived of peiinission to cany our goods 1^' If TOT- 1 506 CONFEDERATION. through UDited States channels ; the Ixnded goods sy stem may ho done away with, and tlio winter trade with the United States jnit an end to. If we do not, wl)ile one avenue is threatened to be closed, ojien another by taking advantage of tlie present arrange- ment, and the desire of the Jjower Provinces to draw closer the alliance between us, wei may suffer commercial and political dis- advantagtis it may take long for ns to overcome. In adopting a federal union we had the advantage of the experience of the United States. It is the fashion now to enlarge on the defects of the constitution of the United States, but 1 am not one of those who look upon it as a failui-e. L think and l)elieve that it is one of the most skilful works which luunan intelligence ever created ; is one of the most perfect organizations that ever go\erjied a free peo})l(\ To say that it has some defects, is but to say that it is not the work of Onuiiscience, but of human intellect. By a resolution it is pro- vided, so far as we can legislate for the future, that the head of the executive power shall be the Sovereign of Cirreat Britain. By adhering to the monarchical principle, we avoid one defect inhe- rent in the constitution of the United States. By the election of the President by a majority 'jind for a short period, he never is the sovereign and chief of the nation ; he is never looked up to by the whole i)eople as the head and front of the nation ; he is at best but the successful leader of a party. This defect is all the greater on acco\uit of the practice of re-election. During his first term of office, he is employed in taking steps to seciu-e his own I'e-election, and for his party a continuance of power. We avoid this by adliei'ing to the monarchical piiiiciple. In the constitution it is proposed to continue the system of Responsible Government, which has existed in the province siace 1841, and which has long obtained in the mother country. This avoids one of the gi-eat defects in the constitution of the United States. There the Pre- sident, during his term of office, is in a great measure a despot, a one-man power, with the command of the naval and militaiy forces- — with an immense amoiuit of patronage as head of the Executive, and with the veto power as a branch of the legislature, perfectly uncontrolled by responsible advisera, his cabinet being departmental officei-s merely, wiiom he is not obliged by the con- CONFEDERATION. 207 stitut'.on to consult with, unless he chooses to do po. With ns the Sovereign, or in this country the representative of the Sovereign, can act only on the advice of his ministei-s, those niinistei*s being responsible to the people through Parliament. Ever since the union of the United States wsis formed the difficulty of what is called " State rights" luid existed, and this had much to do in liringing on the pi-esent unhaj)py war in the United States. We luuo adopted a different system. TWe have strengthened the (reneral (Jovernment, have given the General Legislature all the gi-eat subjects of legislation and exjjressly declared that all subjects of general intei-est not distinctly and exclusively conferred upon the Jjocal Govei-nments and Local Legislatui-es, shall be conferred u{)on the General Government and Legislature.*7 The desire," said the honourabh? gentleman, "to remain coiuiected with Great Britain and to retain our allegiance to Her Majesty was unani- mous. Not a single suggestion was made, that it could, by any possibility, be for the interest of the colonies, or of any section or portion of them, that there should be a severance of our connec- tion. Although we knew it to Ije possible that Canada, from hei- j)osition, might be ex]iosed to all the horrors of war, by reason of causes of hostility arising between Great Britain and the United States — causes over which we had no control, and which we had uo hand in In'inging about — yet there was a unanimous feeling of mllingness to nin all the hazards of war, if war must come, rather than lose the connection between the mother country and these colonies. The Executive authority must be administered by Her Majesty's Repi-esentative. No restriction is placed on Her Majesty's prerogative in the selection of her representative^ The Legislature of British North America ^vill be composed of King, Lords and Commons. Tlie Legislative Council will stand in the same relation to the Lower House, aj» the House of Lords to the House of Commons in England, having the same i)ower of initiating all matters of legislation, except the granting of money. The Lower House will represent the Commons of Canada, in the same way that the English House of Commons represents the Commons of England, with the same privileges, the same parlia- mentary usage, and the same parliamentary authority. In settling 208 CONFEDEHATION. the constitution of tlie Lower House, it was agreed that the principle of representation l>a«ed on pojmlation shouhl he adopted, and the mode of applying that piinciple is fully developed in the rosolutions. By re)>reHentatiou hy population, universal suflrag(^ is not in any way sanctioned. The three great divisions into which British North America is separated, would he represented in the Upper House on the j)rinciple of equality. Each of the three great sections woiild be represented equally l)y twenty-four members. The only excei)tion to that condition of equality is in the case of Newfoundland, which has an interest of its own, lying, as it does, at the mouth of the gi*eat river St. Lawrence, and more connected, perhaps, with Canada than with the Lower Proviiices. There was not a dissenting voice in the Conference against the adoption of the nominative piinciple for the Legis- lati\'e Council exce})t from Prince Edward Island. The jjrovision in the constitution, that the Legislative Council shall consist of a limited number of uiembei-s — that each of the gi*eat sections shall appoint twenty-foui- membei-a and no more, will prevent the Ui)i)er House from being swamped from time to time by the ministry of the day, for the piu'])0se of carrying out their own schemes or pleasing their ])artisans. The fact of the government being i)re- vented from exceeding a limited number will preserve the inde- pendence of the Uj)})er House, and make it, in reality, a separate and t *.stinet chamber, having a legitimate and controlling influence in the lefyislation of the countiy. The objection that has been taken, that in consequence of the Crown being deprived of the right of unlimited appointment, there is a chance of a dead-lock arising between the two branches of the legislatiu'e — a chance that the Upper House being altogether independent of the Sovereign, of the Ijower House, and of the advisers of the Crown, may act so independently as to produce a dead-lock, is not somid. It will ne^er set itself in opposition against the deliberate and undei-stood wishes of the })eople. The membera of the Upper House will be like those of the Lower, men of the people, and from the people. The man put into the Upper House is as much a man of the people the day after, as the day before his elevation. Springing from the people, and one of them, he takes his seat in the Council CONFKDKRATIOX. 200 with all the sympathies and feelinj^s of a man of the j)eo})le, and when he returns home, at the end of tlie session, lie mingles with them on equal terms, antl is inflnenced }>y the same feelinj^s and associations, and events, as those which aft'ect tin; mass around him. Referring to the constant changes whicli took place in the ^jegislative Council he called attention to the following facts : At the call of the House in Febniary, 1^51], foi-ty-two life mend)ers i'esj)onded; two years afterwards, in IrfoH, only thirty-tive answered to their names ; in 18(52 there were only twenty-live life mendjers left, and in 18G4, but twenty-one. So it is quite cleur that, sltould there be on any question a difference of oi)inion between the Upper and Lower Houses, the government of the day being obliged to have the confidence of the majority in the pojiular branch — woidd, for the purpose of bringing the formei- into accord and sympathy with the latter, till nj) any vacancies that might occur, with men of the same political feelings and sympathies with the goseniment, and conse(piently with those of the majority in the jwpiilar branch ; and all the ap])ointments of the Adminis- tration would be made with the object of maintaining the sympathy and harmony between the two houses. To the Upper House is to be confided the })rotection of sectional interests ; therefore is it that the three great divisions are there equally represented, for the purpose of defending such interests against the combinations of majorities in the Assembly. It is provided that the selection shall be made from those gentlemen who ai-e now membei-s of the upper branch of the Legislature in each of the colonies, for seats in the Legislative Council of the Genenil Legislature. In the foimation of the House of Commons, the system of representation by population has been introdviced without the danger of an in- convenient increase in the number of representatives on the i-e- cuiTence of each decennial period. The v/hole thing is worked by a simple rule of three. For instance, we htvve in U})per Canada 1,400,000 of a population j in Lower Canada, 1,100,000. Now, the proposition is simply this — if Lower Canada, with its popula- tion of 1,100,000, has a right to sixty-five members, how many members should Upper Canada have, with its larger population of 1,400,000? The same loile applies to the other provinces — ^the h 210 dONFFHiEKATION. proportion is always observed and the j»nnci|)lo of ropreseiitatioii l>y population carried out, while, at the same tinu\ thei-e will not be decennially an inconvenient increase in the numbers of the Lowei' House. At the same time, there is a constitutional provision that hereafter', if deemed advisable, the total nundter of rej)r«^sentatives may be inci-eased from 1U4, the numbin' fixed in the iirst instance. In that ca.se, if an increase is ma(h>, Lowei- Cannda is still to re- main the pivot on which the whoi<> calcidation will tui-n. If Lower Canada, instead of Of), shall have 70 mendiers, then the calculation will be, if Lower Oanachi has 70 mend)ers, with such a popidation, how many shall L^pi)er C^mada have with a laiopulation t The existing laws relativv^ to elections in the separate ]>rovinces, were to obtain in the hr.st election to the Confederate Parliament, so that every man who has now a vote in his own ])rovince should contiiuie to have a vot(5 in choosing a representatiAe to the first Federal Parliament. And it was left to the Parliament of the Confederation, as one of their first duties, to consider and to settle by an act of their «)wn the rpialification for the elective Cranchise, which would apply to the whole Confederation. The duration of Parliament will be a period of five years. A good deal of mis- apprehension he said had arisen from the accidental omission of some words from the 24th resolution. It was thought that by it the Local Ijegislatui'es were to have the power of arranging here- after, and fi'om time to time of re-adjusting the different con- stituencies, and settling the size and boundaries of the various electoral districts. The meaning of the resolution is simply this, that for the first General Parliaaient, the ari-angement of con- stituencies shall be made by the existing Local Legislatures ; that in Canada, for instance, the present Canadian Parliament shall an*ange what are to be the constituencies of Upper Canada, and to make such changes as may be necessary in airanging for the seventeen additional membere given to it by the constitution ; and that it may also, if it sees fit, alter the boundaries of the existing constituencies of Lower Canada. In short, this Parliament shall settle what shall be the different constituencies electing members to the first Federal Parliament. And so the other provinces, the Legislatures of which will fix the limits of their several constitu- CONFEDEKATION. an cncieH in the session, in wliicli they adopt tlu^ now constitution. Afterwards the Local Le<,'islatures may iilU^r their owi electoral limits JUS th(^y i)leiuse, for their own local «'ilections. Hut it would (nideutly bo im|)roi>er to leave to the Local Legislature tlnj power to alter the constituencies, sending minnbei-s to the Gencsnil Legis- latuie after the General Legislatni-e^ shall have beini called into existence. Were this th(^ case, a. nuMuber of tla^ Generid Legisla- ture might, at any time, find himself ousted fi-oiii liis seat by an alteration of his constituency, by the Local Legislature in his section. After the General Parliamejit meets, in onhjr that it may have full eonti'ol of its own legislation, and be assured of its |»osition, it must have the fidl power of iirranguig and re-arranging the electoral limits of its coustituenci(!S as it pleases, such being one of the povvt>rs ess<'ntially necessary to such a. Legislature. As a matt(U' of coui-se, the General Parliament must htixe the power of dealing with the public debt and ])roperty of the Confedera- tion. Of coui-se, too, it must have the regidation of trade and commerce, of customs aiul excise. The Federal Parliament m;ist have the sovereign power of raising money from such sources and by such means as the representatives of the people will allow. It is pi'ovided that all ' lines of steam or other ships, railways, canals, and othei' works, connectiig any tAv*o or more of the provinces together, or extending beyond the limits of any prov- ince,' shiill belong to the General Government, and be under the control of the General Legislature. In like manner ' lines of steamships between the Federated Piovinces and other countries, telegi-aph communication and the incoi-poration of telegraph com- panies, juid all such works as shall, although lying within any province, be specially declared by the Acts authorizing them, to be for the general advantage,' shall belong to the (renei-al Govern- ment. For instance, the Welland Canal, though lying wholly within one section, and the St. Lawrence Canals in two only, may be properly considered national works, and for the genei'al benelit of the whole Federation. Again, the census, the ascertaining of our numbers and the extent of our resources, must, as a matter of general interest, belong to the Geneml Government. So also with the defences of the country. One. of the great iiPpi^:: •212 CONFEDERATION. julvaiitages of Confederation is, that we shall have a united, a concerted, and uniform system of defence. The criminal law too — the determination of what is a crime and what is not, and how crime shall be punished — is left to the Greneral Govern- ment. This is a matter almost of necessit}'. It is one of the de- fects in the United States system, that each separate state has or nuiy have a criminal code of its own ; that what may be a capital offence in one state may be a venial offence, punishable slightly, in another. But under our constitution we sliall have one body of criminal laAV, based on the criminal law of England, and o])er- ating equally throughout British America, so that a British Amei'ican, belonging to what ])rovince he may, or going to any other part of the Confederation, knows what his rights are in that respect, and what his punishment will be if an offender against the criminal laws of the land. This is one of the most marked inst'inces in which advantage is taken of the experience derived from the observations of the defects in the constitution of the neighboiiring Bepublic. The 33rd provision is of veiy great im- portance to the future well-Losing of these colonies. It commits to the General Parliament the " rendering unifonn all or any of the kws rt tive to property and civil rights in Upper Canada, Nova Sootia, Tew Brunswick, Newfoundland and Prince EdAvard Island, and rendering uniform the procedure of all or any of the courts in these provinces.' The gi-eat j^rinciples which govern the laws of all the provinces, with the single exception of Lower Canada, are the same, although there may be a divergence in de- tails ; on the part of the Lower Provinces a general desire exists to join together with Upper Canada in this matter, and to pro- cure, as soon as possible, an sissimilation of the statutory laws and the procedure in the courts, of all these provinces. At present there is a good deal of diversity. It was understood that the tii-st act of the Confederate Government should be to procure an assi- milation of the statutory law of all those pro\ inces, which has, as its i-oot and foimdation, the common law of England. But to prevent local interests from being over-ridden, the same section makes provision that, while power is given to the Genei-al Legis- lature to deal with this subject, no change in this i-espect should CONFEDERATION. 213 have the force and authority of hiw iii any pi-ovince until sanc- tioned by tlie legislature of thfit province. The General Legisla- ture is to have power to establish a general Court of Appes'l of the Fedei*ated Provinces. Besides all the powers that are sj)eci- lically given, the Constitution confers on the General Legislaturi; the general mass of sovereign legislation, the power to legislate on ' all luattei^s of a general character, not specially and exclusively reserved for the lor^al governments and legislatures.' This is })re- cisely the provision Asdiicli is wanting in the constitution of the United States. It is in itself a wise and necessary provision. It strengtliens the centml Parliament, and makes the Confedei-iition one people and one government, instead of five peoples and fi\-e governments, with merely a i)oint of authority connecting them to a limited and insufficient extent. With respect to the local go\ern- ments, it is provided that each shall l)e governed by a chief exe- cutive officer, who shall be nominated by the General Government. The General Government assumes towards the local governments precisely the same position as the Imperial Government holds with respect to each of the colonies now ; so tliat as the Lieut.-Governoi- of each of the different Provinces is now appointed directly by th(! Queen, and is directly i-esponsible and I'eports directly to her, so will the executives of the local governments hereafter be subordi- nate to the rejiresentative of the Queen, ami be responsible ami report to him, Objt^ction has been taken that there is an infringe- ment of the Royjil prerogative in giving the pardoning power to the local Governors, who are not appointed directly by the Crown, but only indii-ectly by the chief executive of the Confedeiation, who is appointed by the Crown. This provision was inserted in the constitution on account of the practical difficulty which n\ust arise if the power is confined to the Govei-nor-General. It is a subject, however of Imperial interest, and if the Imperial (iovern- ment and the Imperial Parliament are not convinced by the argu- ments we will be able to press upon them for the continuation of that clause, then, of course, as the over-ruling power, they may set it aside. There are numerous subjects which belong, of right, both to the local and the general Parliaments. In all these csises it is provided, in order to pi-event a conflict of authority, that 214 CONFEDERATION. .i ii)« where there is eonciiiTent jurisdiction in the General and Local Parliaments, tlie same rnle should apply as now aj^plies in cases where there is concurrent jxirisdiction in the Imperial and in the Provincial Parlian\ents, and that when the legislation of the one is advei-se to or contradictoiy of the legishition of the other, in all such cases the action of the Genei-al Parliament must overnile, ex necessitate the action of the Local Legislatin-e. We have intro- duced also all those provisions which are necessary in order to the full working out of the British constitution in these Provinces. Let me again,' said the honourable gentleman, as he closed his clear and powerfid speech, ' before I sit down, imjjress upon this Hoiise the necessity of meeting this question in a spirit of compro- mise, with a disposition to judge the matter as a whole, to consider whether really it is for the benefit and advantage of the country to form a Confederation of all the provinces ; and if honourable gentlemen, whfitever may have been their preconceived ideas as to the merits of the details of this measure, whatever may still be their opinions as to these details, if they really believe the scheme is one by which the pros))erity of the country will be increased, and its future progress secured, I ask them' to yield their own views, and to deal with the scheme according to its merits as one great whole. One argument, but not a strong one, has been used against this Confederation, that it is an advance towai-ds indepen- dence. Some are apprehensive that the very fact of our forming this union will hasten the time when we shall be severed from the mother country. I have no apprehension of that kind. I believe it will have the conti*ary effect, I believe that as we gi'ow stronger, that, as it is felt in England we have become a people, able from our union, our strength, our population, and the deve- lopment of our resources, to take our position among the nations of the world, she will be less willing to pait with us than she would be now, when we are broken up into a number of insignifi- cant colonies, subject to attack piecemeal without any concei-ted action or common organization of defence. I am strongly of opinion that year by year, as we grow in population and strength, England will more see the advantage of maintaining the alliance between British North America and herself. Instead CONFEDERATIOX. 215 of looking upon \is as a merely dependent colony, England will Lave in us a friendly nation, a subordinate but still a power- ful i)eo])le, to stand by her in Noi'tli America in peace or in war. We all feel the advantages we derive from our connection with Kngland. So long as that alliance is maintained, we enjoy, undei' her protection, the })rivileges of constitutional libei'ty according to the British system. We will enjoy here that which is the great test of constitutional freedom — we will have the i-ights of the minority respected. In all countries the rights of the majority take care of themselves, but it is oidy in countries like England, enjoying constitutional liberty, and safe from the tyranny of a single despot or of an unbridled democracy, that the rights of minorities are regarded. So long, too, as we form a portion of the British Empire, we shall have the example of her free institutions, of the high standard of the character of her stat' n and public men, of the purity of her legislation, and the upi-ight administra- tion of her laws. In this youngei- country, one g'(;at advantage of our connection with Great Britain will be, that, under her auspices, inspired by her example, a portion of her empire, our public men will be actuated by principles similar to those which actuate the statesmen at home. These, although not material, physical benefits, of which you can make an arithmetical calcula- tion, are of overwhelming advantage to our future interests and standing as a nation. In conclusion, I would again implore the House not to suffer this oj)portunity to pass ; it is one that may never recur." V He was ably sustained by the Attorney-General Cai-tier on the following day, and by Mr. Gait, who dealt mainly w^ith the com- mercial and financial interests involved : he said — " The siibjects on which he proposed to addiess the House wei-e those connected with the ti-ade, resources and financial condition of the several Provinces of British North America. He s^liould divide his remarks into five distinct heads : 1st. Do the commer- cial and material interests of the sevei-al Provinces point to theii* union as an advantageous measure 1 2nd. Is theii* financial con- dition such as to permit of this union being carried into practical t 216 CONFEDERATION. effect at this moment, with justice to them ull ] 3r(l, Are the measures proposed in the resohitions before tlie House fair to each and to all 1 4th. Is there a rea.sonable prospect tliat tlie machinei-y tlirougli which these interests are j)roposed to he governed, will work smoothly and harmoniously? 5th. Does the proposed system for the government of the united Provinces a})i)eai" likely to pi-ove 80 expensive as to render it impossible for the people of Canada to consent to iti In dealing with the tirst cpiestion, it was well to offer to the House some few remaiki-' as to the resources of British Noi'th Ameiica. Possessing as we do, in the far-western part of C^anada, perhaps the most fertile wheat-gi'owuig tracts on this con- tinent ; in central and ejtstern Canada facilities for manufactm-ing such as cannot anywhere be sur])assed ; and in the eastern or Mari- time Provinces an abundance of that most useful of all minerals, coal, as well as the most magnificent and valuable fisheries in the world ; extending as this countiy does for two thousand miles, traversed by the finest luuigable ris^er in the world, we might well look forward to our future with hopeful anticipation of seeing tlu^ realization, not merely of what we \iAve hitherto thought would 1)(! the commerce of Canada, great as that might become, but to tli(^ possession of Atlantic ports, which we should help to build to a position equal to that of the chief cities of the American Union. But it is not so much by the extent of a country that its powei- and real greatness are to be estimated, as by its containing within itself the elements of different interests ; for it is in the divei-sity of em[)loyment that secuiity is foxmd against those sad reverses to which every country depending mainly on one branch of industry ,-must always be liable. The resources of these colonies, and tlu^ extent to which the industry and intelligence of their inhabitants have developed them, are most significantly shown in the trade and navigation tables, which are in the possession of the public. The returns of the trade of Canada in 1863, taking exports and imports conjointly, show an aggi-egate of .$87,795,000. Taking the census of 1861, this trade represents .f 35 per head of the popu- ' lation. The value of the import and export ti-ade of New Bnms- •wickforthe same year reaches .f 16,729,680, amounting to $66 per head of its population. The aggi'egate trade of Nova Scotia for CONFEDERATION. 217 the same period amounted to $18,622,359, or $56 per head of its people. In the case of Prince Edward Ishxnd, the import and export ti-ade amounted to $3,055,568, representing $37 per head of the popuhttion of that colony. The value of the total trade of Newfoundland was $11,245,032, or $86 per head. The whole of these figures i-epresent aji aggregate trade of all the Provinces amounting to $137,447,567. Notwithstanding the large popula- tion, and the very large amount represented by the trade of Canada, when it is divided i)er head it falls considerably short of the trade of New Bnmswick and Nova Scotia, being a little more than half per head of the former, and not more than two-thirds of that of Nova Scotia. Passing fi-om trade to the ship building and tonnage of those colonies. The retuins of 1863 show, in that year, the number of ships built in all those colonies to be no less than 645, with a tonnage amounting to 219,763 tons. This statement of the enormous amount of tonnage built in one year, is as good evidence as can be offered of the facilities we possess for becoming an important maiitime power. The industry repre- sented by those figui-es shows an export value of nearly nine million dollars ! The lake-tonnage of Canada amounted to 6,907,000 tons. The sea-going tonnage of Canada amounted to 2,133,000 tons; of New Brunswick, 1,386,000; of Nova Scotia, 1,432,000 tons. Consequently the amount of sea-going tonnage, subject only to a small deduction, was actually about 5,000,000 tons, of which about 2,133,000 was that of vessels trading between the St. Lawrence and foreign ports.* In making this statement it is due to the House, that it should be made aware that some portion of this trade will not be represented after the contemplated union has taken place. At present, the internal commerce between these colonies appears in the returns of each as imports and exports, but I should be glad if I were able to make on this account a large deduction from the figures I have given. It is matter for regret on the part of all of us that the trade between these colonies — subject all to the same Sovereign, connected with the same empire— -^has been so small. Inter- colonial trade has been, indeed, of the most insignificant character ; * The above figures are intended to indicate the annual total of the daily ingoing and outgoing tonnage engaged in the sea and ^.ake trade. 15 •i:-^ 218 CONFEDERATION. li-l m we have looked far more to our commercial relations with the neighbouring, though a foreign, country, than to the interchange of our own products, which would have retained the benefits of our trade within ourselves ; hostile tariffs have interfered with the free interchange of the i)roducts of the labour of all the colonies, and one of the gi'eatest and most innnediate benefits to be derived from theii" union, will Hj>ring from the breaking down of these barriei-s, and the opening up of the markets of all the provinces to the diftferent industries of each. If we requii'e to find an example of the benefits of free commercial intercourse, we need not look beyond the effects that have followed from the working of the Reciprocity Treaty with the United States. In one short year from the time when that treaty came into opei"ation, our trade in the natui*al productions of the two countries swelled from less than $2,000,000 to upwards of $20,000,000 per annum, and when we are threatened with an interrui)tion of that trade, it is the duty of the House to provide, if possible, other outlets for our productions ; to seek by free trade with our own fellow-colonist^i for a continued and uninter- rupted commerce, which will not be liable to be disturbed at the capricious will of .any foreign country. In considering the second and, perhaps, the third division — whether the material condition of these Provinces is such as to make the imion practicable; and whether the details of the measures proposed ai-e equitable to each and to all, it is necessary first to review the liabilities of each province, the reasons why they were incurred, the objects whicli have been sought. The public debt of Canada, New Brunswick, and Nova Scotia has, with some slight exceptions, been incurred for public improvements, intended to develope the resources of the country. The public improvements of Canada, her great canals intended to bring the trade of the vast countries bordering on the lakes down to the Gulf of St. Lawrence ; the railway system forced upon us in our competition with American channels of trade, stretching from the extreme west to the extreme east of the Province ; and the public works that have been undertaken in Nova Scotia and New Brunswick practically form pai-ts of one great whole. Taking the present engagements of the several CONFEDERATION. 219 Pi'ovinces, beginning with Canada, I find that our whole debt, exchisive of the Common School Fund, which does not form a jwrtion of our engagements relatively to the Lower Provinces, amounts to $67,203,995. The debt of Nova Scotia is .^4,858,547, and that of New Bnmswick $5,702,991 ; Newfoundland has only incurred liabilities to the extent of $946,000, bearing interest at five per cent., while Prince Edward Island owes $240,673. The total liabilities of those Provinces ai'e, therefore, $11,748,211, against the interest on which may be placed the net revenues of the railways which are the property of those Provinces, and which produced last year a net amount of about $100,000. In addition to the existing liabilities of Nova Scotia and New Bnmswick, there are certain further engagements they have incurred for the extension of their i-ailway system requiring futiire provision to the extent, in the case of Nova Scotia, of $3,000,000, and in that of New Brunswick of $1,300,000. Taking all the engagements, present and future, of Nova Scotia and New Brunswick, it was found that, relatively to their populations, they amounted to about $25 per head, and this amoiint, as applied to Canada, would entitle us to enter the union with a debt of $62,500,000. Some difficulty might have occurred in reducing the Canadian debt to this amount had it not been apparent, on examination, that a con- siderable portion of it was connected with local advances, such as the Municipal Loan Fund, which does not properly belong to the same category as debt conti'acted in connection with the system of public improvements, the management of which is intended to be confided to the General Government, but rather pai-takes of a local character, and should more properly be left in the hands of the Local Legislatures. It will, therefore, be foimd provided in the resolutions, that in assuming for itself, apart from the General Government, the surjilus of debt of about $5,000,000, the Province of Canada became entitled to withdraw from the general assets all those items which were of a local character, and for which a portion of its debt had been incurred. It was wise, then, to confine the liabilities of the General Government simply to those debts which had been incurred for pvirjioses of general improvement, and to provide locally, in this country, for the , !;• 220 CONFEDERAIION. assumption of the surplus, together with the assets which hjid been created by it." Hon. Mr. Dorion— " Do the $07,263,995, stated as the debt of CauacUi, include the original seigniorial indemnity given to Upper and Lower Canada, under the Act of 1854 1 " Hon. 31r. Gait — " Yes ; that amount does include the indenniity, and among the arrangements contemplated by the Government, assuming tliat C'onfederation does take place, they will submit for the consideration of this House, a project for the assumption by Lower Canada of the seigniorial indenniity provided by the Act of 1859, whereby it will be rendered unnecessaiy to give an equivalent indemnity to Upper Canada, thus saving upwards of three millions of dollars. It now becomes my duty to sul)niit to the House, a statement of the i-esources which the several j)roA- inces propose to bring into the common stock, for which pur})0se the tinancial returns of 1863 have been taken as the standard. From these returns, it would ajjpear that the income and expen- diture of the several provinces stood in that year as follows : Nova Scotia, with a population of 338,857, had an income of $1,185,029, her outlay being $1,072,274; New Brunswick, with a population, of 252,047, had an income of $894,830, and 'an outlay of $884,013 ; Newfoundland, with a population of 130,000, had an income of $480,000, the outlay being $479,420 ; Prince Edward Island, with a population of 80,000, had an income of $197,384, the outlay being $171,718. The totiil revenue of all these colonies amounted to $2,703,004, and the total expenditure to $2,008,025 — the united surplus over expenditure for 1803 being $154,979. It will be observed that as regards these Pro- vinces their income and expenditure are such that they will €nter the Confederation with a financial position in no respect inferior to that of Canada. If an objection were made with respect to any Province in regard to its financial position, it would be against Canada. The Lower Provinces have been and are now in a position to meet, from their taxation, all their expenses, and can- not be regarded as bringing any burthen to the people of Canada. It is not necessary to say anything in reference to the financial position of Canada in 1863, but it is gratifying to know that the CONFEDERATION. 221 (leticiency which iinfoi'tunately existed during that year was re- moved in 1864, and that, therefore, we are not obliged now to enter the Confedenition in an inferior position, in this lespect, to that of the sister colonies. The revemies of each of these Pro- vinces are collected under diffei'ent systems of taxation, suited to the local industiy and the wants of their several populations. It is, therefore, one of the first duties of the General Legislature to consider the modes by which the burden of taxation can be most (easily borne by the industry of the whole countiy, and to as- similate the several sources of revenue which are now in existence in siicli manner as will least interfere with the profitable exercise of the industiy of the people. One thing must be evident that where the taxation is about equal per head, the adjustment of it cannot be attendc' with any injusti'^e to the peoi)le of any of the several provinces. Apart from the a(i;'antages fi-om the free trade which will hereafter exist between ixH, he credit of each and all the Provinces will be gi'eatly advance! by a union cf their re- sources. A larger fund will be available as secuiity to the public creditor, larger industries will be subjected to the action of the Legislature for the maintenance of public credit, and some of those ap2)rehensions which have latterly affected the piiblic credit of this country will be removed. It is proved by the fluctuating quota- tions of the securities of these Provinces in London that the apprehension of war with the United States — which has affected the prices of Canadian bonds — has not to the same extent affected those of New BmnsAvick and Nova Scotia, which are less exposed to hostile attack ; and the union, while it affords greater resources, will, at the same time, cany with it a greater sense of security. I now propose, to refer to the means which will be at the disposal of the several Local Governments to enable them to administer the various matters of public policy which it is proposed to entnist to them. In the case pf Canada the sum of nearly five millions of the public debt has to be borne })y Upper and Lower Canada. It will hereafter be for the House to decide how this sum shall be apportioned, but the probability is that the Government will re- commend that it shall be divided on the basis of population. Canada will have at its disposal a large amount of the local assets, 'ml 222 Mf *rf W C'ONPEDRRATION. iiic^iKUng especially the «uni8 duo to the Municipal Loan Fuiul, which will j)ro(luce aii income for the support of their local in- Ktitutions. As a matter of account between Upper and Lower (Jauada and the General Grovernment, they will bo chargvid with the interest on their respective proportions of the live millions against the subsidy which it is proposed shall be given to them, while thoy themselves will collect from the municipalities and other local sources all the i-evenue and amounts which now enter into tlie general revenue of the Province of Canada." Hon. Mr. Dorion — '"Will Lower Canada be charged with the imniicipal loan fund, tlie seigniorial indemnity, and the educational in Jemnity ] " Hon. Mr. Gait — "As regards the original seigniorial indemnity and the municipal loan, they are both included in the sixty-seven millions alreiidy stated as the liabilities of Canada, and cannot, therefore, foiin any additional charge against Lower Canada. In- deed, as regards the Municipal Loan Fund, instead of being stated as a liability, it appears that the sums due under it are to be regarded in the light of assets, because we are considering the sums received as assets by Lower Canada. The Municipal Loan Fund being one of them, the sums due to it under the existing provincial arrangements will become payable as an asset to that section of the Province. It will be observed that in the plan proposed there are certain sources of local revenue reserved to the Local Governments, arismg from territorial domain, lands, mines, &c., sources of revenue far beyond the requirements of the public service. If the local revenues become inadequate, it will be necessary for the Local Governments to have resort to direct taxation; and one of the wisest provisions in the proposed con- stitution is to be found in the fact that those who are called upon to administer public affaii's will feel, when they resort to direct taxation, that a solemn responsibility rests upon them, and that that responsibility will be exacted by the people in the most peremp- tory manner. I do not hesitate to say, that if the public men of these Provinces wei'e sufficiently educated to iinderstand their own interests in the true light of the principles of political economy, it would be better now to substitute direct taxation for some of the in- CONFEDEHATION. 223 direct modes by which taxation has boon imposed upon the industry of the peo[)le, I do not, however, believe that at this moment it is possible, nor do I think the p!)oi>le of this country would support any government in adoptin^r this measure unless it were forced upon them by the pressure of an overwhelming necessity. The local revenue of Upptn* (*anada during the last four years has averaged the sum of $739,000, and that of Lower Canada i|557,23'J. Together they amount to nearly $1,300,000, independent of the 80c. per head which it is proposed to allow the local governments out of the general exchequer, for the purpose of meeting their local expendi- tures. These local expenditures include such items as tin adminis- tration of justice, the support of education, grants to literary and scientific societies, hospitals and charities, and such other matters as cannot be regarded as devolving upon the general government. The whole chai'ge, exclusive of tlr^ expenses of local government and legislation, on an avei'ago of the last four years, has in Lower Canada amounted to $397,000, and in Upper Canada to $1 ,024,622 per annum. To these sums will have now to be added such amounts as may be required to i^eet the cost of the civil govern- ment of the country and of legislation for local purposes. In the case of Nova Scotia, the estimate of outlay in 1864, for objects of a local character, required an expenditure of no less than $667,000. Some portion of this expenditure was for services that did not requii'e again to be performed ; but they have undertaken to peiibrm the whole service in futui*e for $371,000, In the case of New Brunswick, in 1864 the estimated expenditure was $404,000, which they have undertaken to reduce to $353,000 ; and at the same time they have further undertaken within ten years to make an additional reduction of $63,000, thus reducing the whole expenditure in the future to $290,000. Prince Edward Island, with an expenditure of $124,000, proposes to perform the same local duties that formerly required $1 70,000 ; and in Newfoundland an outlay of $479,000 has been similarly reduced to $350,000. The House must n ' consider the means whereby these local expenditures have to be met. I have already explained that in the case of Canada, and also in that of the Lower Provinces, certain sources of revenue are set aside as being of a purely local 224 CONFEDERATION. 1-. cluu'nctcr, and uvailablo to meet the local expenditure ; but I have been obliged, in my explanations with regard to Canada, to advert to the fact that it is contemplated to give a subsidy of 80c. per head to each of tlie Provinces. In transferring to the General Government all the large sources of revenue, and in placing in theii' hand — with a single exception, that of direct taxation — all the means whereby the industry of the peoj^h; may be made to contribute to the wants of the states, it must be evident to every one that some portion of tlie resources thus placed at the disposal of the General Government must in some form or other be avail- able to sujjply the hiatus that would otherwise take place between the sources of local revenue and the demands of local expenditure. The members of the Conference considered this question with the most earnest desire to reduce to the lowest possible limits the sum that was thus required, and 1 think that the figures I have already given to the House afford the best possible evidence that no dis" position existeil, at any rate on the })art of our friends from the Lower Provinces, to take from the public exchequer one shilling more than the necessities of thcii' respective communities absolutely demanded. In the case of Canada, perha})s it will be said that a smaller sum would have met our immediate wants, but it was felt that it would ba impossible to justify any distinction being drawn between subjects of the same country. A subsidy of 80c. per head was provided, based upon the population according to the census of 1801. The agreement does not contemplate any future extension of this amount. It is hoped that being in itself fixed and permanent in its character, the Local Governments will see the necessity of exercising a rigid and proper control over the expenditure of their several Provinces. The last question neces- sary to be decided on the pi-esent occasion is, whether under the proposed Confederation such additional expenses will be incurred us to render it undesirable. On the one hand we shall be free from the empty parade of small courts entailed by our present system on each of these Pi'ovinces, keeping up a pretence of regal show when the reality is wanting; we shall have the legislation of the (jreneral Government restricted to those great questions which may i)roperly occupy the attention of the first men in the In It; CONFEDERATION. 225 country ; we shall not have our time frittered iiway in considering the meritH of potty local bills, and therefore we may reasonably hope that the expenses of the General Legislature will be con. siderably less than even those of the Legislature of Canada at the present moment, — while, on the other hand, the Local Legislatures having to deal rather with municii)}d than great general questions, will be able to dispose of them in a manner more satisfactory to the people, and at infinitely less expense than now. I believe, therefore, the simple cost of the Government of the country will not be in reality any greater under the new than under the old system ; but there are other items of expenditure for great public objects, the absence of which from the estimates of any country is an indication rather of weakness and of dependence than a subject that ought to form a source of satisfaction. If such items are not now found in the public expenditure, either of Canada or the Lower Provinces, it is the best proof that could bo given that our position is one of inferiority, and that we do not possess either the power or the moans to uudei'take such works as make such items necessaiy. First I will instance the great question of defence, the absence of items of expenditure for which can only be an indica tion that we are lacking in one of the chief elements of national greatness, that we do not properly value the institutions under which we live, and that we are not willing to make the sacrifices that every free people must make if they are desirous of preserv- ing them. The same argument applies to public works, in con- nection with which it might be said that great advantage would arise from large expenditure ; but with limited resources and an undeveloped territory it might be impossible for any small country to undertake the necessary outlay. Many works of this kind are not directly productive of revenue, although indirectly of the utmost advantage, and if the resources of a country generally cannot be applied to that outlay, the absence of such expenditure ought to be a subject of regret in the community, and not of re- joicing. Let us endeavour by this measure to afford a better opening than we now possess for the industry and intelligence of the people. Let us seek by this scheme to give them higher and worthier objects of ambition. Let us not reject the scheme with 22G CONFEDERATION. the bright prospect it offers of a nobler future for our youth, and grander objects for the emulation of our public men. Let us not refuse it on small questions of detail, but judge it on its general merits. Let us not lose sight of the great advantages which union offers because there may be some small matters which, as individuals, we may not like. Let the House frankly look at it as a great measure brought down for the purpose of I'elieving the country from distress and depression, and give it that consideration which is due, not to the arguments of the Government, feeble as they may be in view of the great interests involved, but to the fact that the countiy desires and cries for, at the hands of the House, some measure whereby its internal prosperity, peace and happiness may be developed and maintained." Hon. Mr. Holton led the attack on behalf of the opposition. He did not answer the arguments of the supporters of the mea- sure, but denouncing their iiicom})etency and inconsistency, with caustic sarcasm declared that he was not afraid that their speeches should go to the couutiy unanswered. Compared with others, his speecli is extremely short. Being the first in opposition, and strikingly characteristic of a i)rominent member of Parliament, and a leading opponent of confederation, it is given in full. Per- haps also hereafter it may be referred to as a scathing review by a cotemporary liberal, of the style and efficiency of tlie leading politicians of the day, his Conservative opponents. He said : " We on this side had some doubts lest the Opposition might be placed at a disadvantage, by allowing the speeches of the Go- vernment to go to the country without any comment on t^cm. But if the five speeches to which we have now listened contain all that can be said in favour of this scheme, we have no fear of letting them go unanswered. I listened to the speech of the Attorney-General West with great disappointment. The cause of that disappointment was simpie enough. The honourable gentle- man was, in that speech, giving the lie to twenty years of his political life. He was offering to the cause he is now advocating one speech against his continuous voice and vote for twenty years. He was struggling, all through that speech, against the conscioua- Sr CONFEDERATION. 227 uess of the falseness of liis political position, and what every one conceived would be the brightest effort of his life was the feeblest address he ever delivered on any irapoi-tant question during the twenty years he had sat in this House. The Attorney-General West was followed by the Attorney-General East. I know not liow to characterize the speech of that hon. gentleman, further than to say that it was quite characteristic. It was perfectly character- istic. I doubt whether any attorney-general who ever existed, since attorneys-general were first invented, besides that hon. geiuleman, could have delivered, on an occasion like this, the speech which he delivered. It may be said of that hon. gentleman, as the poet said of a very different style of man — one who was not an hon. gentleman in the sense in which we are now speaking — * None but himself can be his parallel.' No attorney-genei-al, I repeat, since attorneys-general were first invented, could have delivered a speech at all like that pronounced by the Attorney-General East, in open- ing his side of the gi-eat question now submitted to the consider- ation of Parliament. Then followed the singularly able speech of my honourable friend, the Finance Minister, which was delivered with all that ease and grace that mark all his efibrts in this House, and with that fiuency of diction which we all admire, and which I am always ready to acknowledge. But I think it will also be admitted by that honourable gentleman's own friends, that his speech was chiefly remarkable for an adroit avoidance of the veiy topics on which he was expected, or might have been exi)ected, to address the House, and for a very adroit assumption of those very things which he might have been expected to prove. Such, at least, was the impression which that speech made upon my laliid. Tlien came the speech, the herculean efibrt of my honour- able friend, the President of the Council. That si)eech was a dis- appointing speech. I did expect, from the conspicuous part which that honourable gentleman has so long played in the politics of the country, from the leading part he has had in all the proceedings which have conducted to the project now before the House, that we should have had from him, at all events, some vindication of the steps which he has seen tit to take — some vindication of the principles of the proposed union, so contrary to all those princi- 228 CONFEDERATION. pies which he has hitherto advocated. I say, we did expect that we would have had something of thit kind from that honourable gentleman. But, instead of that, his whole speech was mainly an apology for his abandonment of all those objects for which he has contended through his political life, saving only the shadow of representation by population, to attain which shadow he seems to have sacrificed all the material objects, all the real objects, for the attainment of which the agitation for that change has proceeded on his part. Then we have had, to-night, the speech of my honourable friend, the Minister of Agriculture, a speech which I admit was one of very great interest as a historical essay — one which will read very nicely in those reports which we are to get in a few days — one which does very great credit to his literary research and literary taste ; but one which, I do venture to say, had very little practical bearing on the question that is now before us. Well, I repeat, I am not afraid that these speeches should go to the country unanswered. The country will see that these honourable gentlemen have utterly failed to establish a cause for revolution. They are proposing revolution, and it was incumbent upon them to establish a necessity for revolution. All revolu- tions are unjustifiable, except on the ground of necessity. These honourable gentlemen were, therefore, bound to establish this neces- sity. The country will see, too, that they have failed to explain, to vindicate and to justify the disregard of pai-liamentary law and of parliamentary usage by which they are attempting to extort from this House an assent, not merely to the principle of union — which would be perfectly pi'oper — but to all the clumsy contriv- ances adopted by that self-constituted junta which sat in Quebec a few weeks since, for giving efiect to that union, and to all those huxtering arrangements by which the representatives of the Lower Pro^Tnces were induced to give in their adhesion, and, so far as they could, the adhesion of their provinces to this scheme. I say, they quite failed to explain this and to vindicate it. The country too will see that these honourable gentlemen have carefully re- frained from entering into any explanation of the concomitants of this scheme — of the proposed constitutions of the local govern- ments, for instance, which are, at least, as important as the con- CONFEDERATION. 22& stitution of the Federal Government, It is quite manifest that a union, even if genei'ally desi^-able, might become undesirable from the bad, or inconvenient, or expensive arrangements incident to the adoption of that union. And that really explains the posi- tion of many honourable gentlemen in this House, who like myself, are not opposed to the Federal principle, but who find themselves obliged to go counter apparently to their own convic. tions, because they cannot accept a union clogged with such condi- tions as this union is. Then it might have been expected that some further, some more distinct information might have been given than has been given, on the all-impoi'tant question of edu- cation, in respect of which we have been given to understand that some final and permanent system will b(} enacted by this legislature, in view of the proposed federation of tlie Provinces. We might also have expected that some information would have been vouchsafed to us in respect to the Intercolonial Railway, which we ai-e in fact votmg for, without having gone into commit- tee of the whole. Without having in point of fact any informa- tion with regard to it whatever, we are votmg the cost of that road, so far as this legislature can do so — a road which will cer- tainly cost us $20,000,000, and, for aught we know, may cost us $40,000,000. I do think wo should have had some information with respect to that road from these honourable gentlemen, in order that the whole case might have gone to the country. And then, with respect to the defences of the countiy, what sort of utterances have we had on that subject ? We were told by the President of the Council that the subject was engaging the atten- tion of the Imperial Government, and he vindicated union, because defence can be better given by united than by separate colonies. And what have we been told to-night by the Minister of Agi'iculture 1 That despatches are received by every second mail from England, telling us that we are entering on a new era with reference to the question of defence. What does all this mean l It means that, in connection with this union, we are to have entailed upon us untold expenditures for the defence of the country. Ought they not to place this information, these des- patches, before the House and the country, before any final and ■■■. :*; ■Mil 230 CONFEDERATION. irrevocable action is taken with regard to the scheme 1 These are a few, and but a few of the leading topics which constitute the contents of this scheme of Federation, in respect to which we had a right to expect the fullest possible information, but in respect to which honourable gentlemen have either maintained a studied reserve, or have spoken, like the Delphic oracles, in language which defies interpretation. I say, then, let these speeches go to the country ; and if the countiy, by perusing them, is not awak- ened to the dangers wliich threaten it from the adoption of this cnide, immature, ill-considered scheme of honourable gentlemen, a scheme which threatens to plunge the country into measureless debt, into difficulties and confusions utterly unknown to the pre- sent constitutional system, imperfect as that system confessedly is — if the country is not awakened to a sense of its danger by the penisal of these speeches, I do not say I will despair of my coun- try, for I will never despair of my coxmtry, but I anticipate for my country a period of calamities, a period of tribulation, such as it has never heretofore known," On the 16th February, Hon. Mr. Dorion followed in suppoi-t of Mr. Hoi ton, and in resuming the adjourned debate, after remark- ing that he had heard no sufficient reasons assigned for changing the views he had before entertained on the subjects of the Elec- tive Council and Intercolonial Raihvay, and the question of Tinion, when first proposed by Mr. Gait in 1858, proceeded to observe that the present scheme was submitted on two gi-ounds^ first, the necessity for meeting the constitutional difficulties whicli have arisen between Upper and Lower Canada, owing to the growing demands on the part of Upper Canada for representation by population; and, secondly, the necessity for providing more efficient means for the defence of the country than now exist. The first time representation by population was mooted in this House, on behalf of Upper Canada, was, I believe, in the session of 1852, when the Conservative party took it up, and the Hon. Sir Allan Macnab moved resolutions in favour of the principle. We then found the Conservatives arrayed in support of this con- stitutional change. It had been mooted before on behalf of CONFEDERATION. 231 Lower Canada, but the Upper Canadians had all opposed it. I think two votes were taken in 1852, and on one of these occa- sions the Hon. Attorney-General West (Hon. J. A. Macdonald) voted for it; it came up incidentally. In 1854, the Macnab- Morin coalition took place, and we heard no more of represen- tation by population from that quarter — that is, as mooted by the Conservative party, who from that moment uniformly opposed it on every occasion. It was, however, taken up by the present Hon. President of the Council (Hon. Mr. Brown), and he caused such an agitation in its behalf as almost threatened a revolution. I never hesitated to say that something ought to be done to meet the just claims of Upper Canada, and that representation based on population was, in the absti'act, a just and correct principle. I held, at the same time, there were reasons why Lower Canada could not grant it. In 1856, when Parliament was sitting in Toronto, I suggested that one means of getting over the difficulty would be to substitute for the present legislative union a con- federation of the two Canadas, by means of which all local qiiestions could be consigned to the deliberations of local legis- latures, with a central govenmient having control of commercial and other questions of common or general interest. The first time the matter was put to a practical test was in 1858. On the resignation of the Macdonald-Cartier administration, the Brown- Dorion government was fonned, and one of the agreements mad(, between its members was that the constitutional question should be taken up and settled, either by a confederation of the two Provinces, or by representation according to population, with such checks and guarantees as would secure the religious faith, the laws, the language, and the peculiar institutions of each section of the country from encroachments on the part of the other, i still hold to the same views, the same opinions. I still think that a federal union of Canada might hereaftei extend so as to embrace other territories either west or east ; that such a system is well adapted to admit of territorial expansion without any disturbance of the federal economy, but I cannot undei-stand how this can be regarded as any indication that I have ever been in favour of confederation with the other British Provinces. On 232 CONFEDERATION. the contrary, whenever the question came up, I set my face against it. Such a confederation could only bring trouble and embarrassment ; there was no social, no commercial connec- tion between the Provinces proposed to be united — nothing to justify their union at the present juncture. Of course I do not say that I shall bo opposed to their confederation for all time to come. Population may extend over the wilderness that now lies between the maritime Provinces and ourselves, and commercial intercourse may increase sufficiently to render confederation desirable. The confederation I advocated was a real confeder- ation, givmg the largest powers to the local governments, and merely a delegated authority to the general government ; in that respect differing in toto from the one now proposed, which gives all the powers to the central government, and reserves for the local governments the smallest possible amount of freedom of action. There was, then, another cause for this Confederation scheme, of which representation by population was made the i)re- text. It is not so well known, but far more powerful. In the year 1861, Mr. Watkin was sent from England by the Grand Trunk Railway Company. He came with the distinct view of making a large claim on the country for aid, but in the then temper of the people, he soon found that he could not "expect to obtain that. He then .>tarfced for the Lower Provinces, and came back after inducing people thei-e to resuscitate the question of the Intercolonial Railway. Parties were readily found to advocate it, if Canada would only pay the piper. A meeting of delegates took place, resolutions were adopted, and an application was made to the Imperial Government for a large contribution to its cost, in the shape of an indemnity for carrying the troops over the road. Mr. Watkin and Hon. Mr. Vankoughnet, who was then a member of the Government, went to England about this scheme, but the Imperial authorities were unwilling to grant the required assistance, and rejected their propositions. Mr. Watkin, although baffled in his expectations, did not give up his project. He returned again to Canada, and induced the Hon. J. S. Macdonald, and other honourable members of his Cabinet to enter into his views. As to the advantages of the Intercolonial Railway, my CONFEDERATION. 233 to Ues- honourable friend had no suspicion whatsoever of the motives which animated these Grand Trunk officials, and that their object was to have another haul at the i)ublic purse for the Grand Trunk, — but this was the origin of the revival of the scheme for constructing the Intercolonial Railway. At .a meeting of dele- gates of the several Pi*ovinces, which took place in September, 1862, a new scheme for building the Intercolonial was adopted, by which Canada was to pay five-twelfths and the Lower Pro- vinces seven-twelfths. So unpopular was this arrangement that when its terms were made known, if a vote of the people had been taken upon it, not ten out of every hundred, from Sandwich to Gasp6, would have declared in its favour, although Canada was only to pay five-twelfths of its cost. This project having failed, some other scheme had to be concocted for bringing aid and relief to the unfortunate Grand Trunk, — and the Confederation of all the British North American Provinces naturally suggested itself to the Grand Trunk officials, as the surest means of bringing with it the construction of the Intercolonial Railway. Such was the origin of this Confederation scheme. The Grand Trunk people are at the bottom of it. I repeat that representation by poi^ula- tion had very little to do with bringing about this measure. Again, is the scheme presented to us the same one that was promised to us by the Administration when it was formed ? There were two propositions. The first was that the Govern- ment would pledge themselves to seek a Confederation of the British American Provinces, and if they failed in that to federate the two Canadas, and this was rejected ; the second, which was accepted by the President of the Council, pledged the Govern- ment to bring in a measure for the Confederation of the two Canadas, with provision for the admiss^'on of the other Provinces when they thought proper to enter." Hon. Attorney-General Macdonald — " When they were ready."- Hon. Attorney-General Cartier — "Everything is accomplished." Hon. Mr. Dorion — "But, I may be asked, granting that the scheme bi'ought down is not the scheme promised to us, what dif- ference can our bringing in the Provinces at once make ? This I will explain. When they went into the conference, hon. gentle- 16 234 CONFEDERATION. men opposite submitted to have thr . taken by Provinces. "Well, they have now brought us in, v^ras natural under the circumstances, the most conservative measure ever laid before a Parliament. When the Government went into that conference they were bound by the majority, especially since they voted by Provinces, and the 1,400,000 of Upper Canada with the 1,100,000 of Lower Canada — together 2,600,000 people — were over-ridden by 900,000 people of the Maritime Provinces. Were we not expressly told that it was the Lower Provinces who would not hear of our having an elective Legislative Council 1 If, instead of going into conference with the people of the Lower Provinces, our Government had done what they pledged themselves to do, that is, to prepare a constitution themselves, they would never have dared to bring in such a proposition, as this which is now imposed upon us by the Lower Colonies — to have a Legislative Council, with a fixed number of members, nominated by foiir Tory Governments. Taking the average time each councillor will be in the Council to be fifteen to twenty yeara, it will take a century befoi'e its complexion can be changed. The new House for the Confederation is to be a perfectly independent body — these gentlemen are to be named for life — and there is to be no power to increase their number. How long will the system work with- out producing a collision between the two branches of the Legis- lature 1 I venture to prophesy that before a veiy short time has elapsed a dead lock may ai"ise, and such an excitement be created as has never yet been seen in this country. Now, if this consti- tution had been framed by the members of our Government, we could change some of its provisions ; but it is in the natvire of a compact, a treaty, and cannot be changed. The composition of the Legislative Council becomes of more importance when we consider that the governors of the Local Legislatures are to be appointed by the General Government, as well as the Legislative Council ; their appointment is to be for five years, and they are not to be removed without cause. I will venture upon another prediction, and say we shall find there will be no such thing as responsible govei'nment attached to the Local Legislatures." Mr. Dunkin — " There cannot be." CONFEDERATION. 235 las ,te(l sti- we of a of we be ,tive Hon. Mr. Dorion — " There \vill be two, three, or four minis- ters chosen by the Lieutenant-Governors, who will conduct the administration of the country, as was formerly done in the times of Sir Francis Bond Head, Sir John Colborn, or Sir James Craig. You will have governments, the chief executives of which will be appointed and hold office at the will of the Governor. Is this House going to vote a constitution with the Upper House as proposed, without knowing what sort of Local Legislatures we are to have to govern us ] The whole scheme is absurd from beginning to end. The instincts of honourable gentlemen opposite, whether you take the Hon. Attorney-General East or the Hon. Attorney-General West, lead them to this — they think the hands of the Crown should be sti'engthened, and the influence of the people, if possible, diminished — and this constitution is a specimen of their handiwork, with a Governor-General appointed by the Crown ; with local Governors also appointed by the Crown; with Legislative Councils, in the General Legislature and in all the Provinces, nominated by the Crown; we shall have the most illiberal constitution ever heard of in any coun- try, where constitutional government prevails. The Speaker of the Legislative Council is also to be appointed by the Crown this is another step backwards, and a little piece of patronage for the Government. Another point : — It is said that this Confeder- ation is necessary for the purpose of providing a better mode of defence for this country. You add to the frontier four or five hundred more miles than you now have, and an extent of country immeasurably greater in proportion than the additional population you have gained ; and if there is an advantage at all for the defence of the country, it will be on the part of the Lower Provinces, and not for us. As Canada is to contribute to the expenditure to the extent of ten-twelfths of the whole, the other Provinces paying only two-twelfths, it follows that Canada will pay ten-twelfths also of the cost of defence, which, to defend the largely extended country we will have to defend, will be much larger than if we remained alone. Why, take the line dividing New Brunswick from Maine, and you find it separates on the one side 250,000, thinly scattered over a vast territory, from 750,000 on the other, ii 236 CONFEDI RATION. iff- compact and powerful. Those 250,000, Canada will have to defend, and it will have to pledge its resources for the purpose of providing means of defence along that extended line. And, if rumour be true, the Intercolonial Railway, this so-called great defensive work, is not to pass along Major Kobinson's line. The statement has been made — I have seen it in news})apcrs usiially well informed — that a new route has been found that will satisfy everybody or nobody at all ; and, while I am on this point, I must say that it is most singular that we are called upon to vote these resolutions, and to pledge ourselves to pay ton-twelfths of the cost of that railway, without knowing whether there will be ten miles or one hundred miles of it in Lower Canada, or whethei it will cost $10,000,000 or .$20,000,000." ' Hon. Mr. Holton— " It will be nearer $40,000,000." Hon. Mr. Dorion — " It ia folly to suppose that this Inter- colonial- Railway will in the least degi'ee be conducive to the defence of the country. We have expended a large sum of money — and none voted it more cordially and heartily than myself — for the j)urpose of opening a military highway from Gasp6 to Rimoiiski ; and that road, in case of hostilities with our neighbours, would be found of far greater service for the transport of troops, cannon, and all kinds of munitions of war, than any railway following the same or a more southern route j)Ossibly can be. That road cannot be effectually destroyed ; but a railway lying in some places not more than fifteen or twenty miles from the frontier, will be of no use whatever, because of the readiness with Avhich it may be attacked and seized. The battles of Canada cannot be fought on the frontier, but on the high seas and at the great cities on the Atlantic coast ; and it will be nothing but folly for us to cripple ourselves by spending lifteen or twenty millions a year to raise an army of .'50,000 men for the purpose of resisting an invasion of the country. Now, when I look into the provisions of this scheme, I find another most objectionable one. It is that which gives the General Govern- ment control over all the acts of the Local Legislatures. What difficulties may not arise under this system 1 Now, knowing that the General Government will be party in its character, may it not CONFEDERATiON. 237 for party purposes reject laws passed by the Local Loj^islatures, and demanded by a majority of the peo])lo of that locality. This power conferred upon the General Government, has been com- pared to the veto power that exists in England in respect to our legislation ; but we know that the statesmen of England are not actuated by the local feelings and prejudices, and do not partake of the local jealousies that prevail in the colonies. It is quite possible for a majority in a Local Government to be opposed to the General Government ; and in such a case the minority would call upon the General Government to disallow the laws enacted by the majority 1 The men who shall compose the General Government will be dependent for their support upon their political friends in the Local Legislatui-es, and it may so happen that, in order to secure this support, or in order to serve theii- own purposes or that of their i^upporters, they will veto laws which the majority of a Local Legislature lind necessary and good. What will be the result of such a state of things but bitter- ness of feeling, strong political acrimony and dangerous agitation 1 Then, among the powers granted to local legislatures, we find the power to pass by-laws imposing direct taxation. That is the firat power they have, and I have no doubt that, before many months have passed after they are constituted, they will find it necessary to resort to it. But, in addition to this, I find that New Bruns- wick and Nova Scotia, which, no doubt, are the favoured children of the Confederation, have powers not granted to the other pro- vinces. New Brunswick, the resolution declares, shall have the power to impose an export duty on timber, logs, masts, spars, deals and sawn lumber, and Nova Scotia on coal and other mine- rals, for local purposes ; so that while our timber and minerals exported from Upper and Lower Canada will be taxed by the General Government for general purposes, the timber and mine- rals of New Brunswick and Nova Scotia will be exempt, the revenue derived from them going to the benefit of the local gov- ernments, to be expended on local objects. Now, among the other powers granted to the General Government is its control over agriculture and immigration, as well as the fisheries. What will be the operation of this provision? The local legislatui'e I i** 238 CONFEDERATION. Wi W will pass a law which will then go to the General Government ; the latter will i)ut its veto ui)on it, and if that doos not answer, it will pass a law contrary to it, and you have at once a conflict. I shall now pass to the consideration of a portion of the financial scheme. I shall certainly not attempt to follow the Hon. Finance Minister in what I admit was tlie able statement, or rather able manipulation of figures, ho made the other day. When that honourable gentleman was able to jn'ove to the satisfaction of the Barings, the Glyns, and the leading merchants of England, that the investment they would make in the Cfrand Trunk Railway would yield them at least eleven per cent., it is not astonishing that he was able to show to this House that the finances of the Confederation will ))e in a most flourishing condition, and that we shall have a surplus every year of at least a million dollars. I have a million more than I want, he exclaims, and I will reduce the duties to fifteen per cent. But the honourable gentleman for- gets that he has the Intercolonial Railway to ])rovide for, as well as that military and naval defensive force which wo are going to raise. He forgets all this, but the [)romise is there ; aad just as he held out to the expected shareholders of the Grand Trunk Rail- way the eleven per cent, dividends upon their investments, he now tells the people of these several colonies that tlie customs duties will be reduced to fifteen per cent. The first thing that the Confede- ration will have to provide for is the Intercolonial Railway, which will certainly cost twenty millions of dollars, the interest upon which, at five per cent., will amoiint to one million of dollars annually. Then to Newfoundland we are bound to pay $150,000 a year, for all time to come, to purchase the mineral lands of that colony ; while, fis regards the other provinces, all the public lands are given up to the local governments. But this is not all, for, in order to manage these ' valuable lands ' in Newfoundland, we shall have to establish a Crown Lands department under the Gene- ral Government. Now, supposing the increased extent of tem- tory to be defended under the Confederation, augments the militia expenditure to the extent of a million a year. Then add the interest of the sum required to build the Intercolonial Railway, five per cent, on $20,000,000, and we have an aimual payment of we CONFEDERATION. 239 |ay» $1,000,000 more, which is increased by $150,000, the indemnity paid to Newfoundhind for its vahiablo mineral lands. Then we liave to pay the local governments, at the rate of eighty cents per lioad, $3,056,849, The interest on the debt of Nova Scotia, $8,000,000, will amount to $400,000 ; on that of New Brunswick, $7,000,000, to $350,000; that of Newfoundland, $3,250,000, to $102,000 ; and on the debt of Prince Edward Island, $2,021, 425» to $101,071. Adding all these stmis together, we find that the annual expenditure, in addition be it remembered to the bur- dens which we now bear, will bo $6,237,920, representing a capi- tal of $124,758,400. The share of Canada in this annual expenditure will be $1.89 per head, amounting to the sum of $4,725,000. This is altogether irrespective of the debt of $62, 500,000 with whi ^ Canada enters the union. The whole expen- diture of the pi'ovince, exclusive of interest on public debt, cost of legislation, militia, subsidy to ocean steamers, and collection of revenue, which will have to be paid even with Confederation, if it takes place, does not amount to more than $2,500,000, or one dollar per head of the whole population. Then sup- posing that Upper Canada pays two-thirds of that sum, or $1,066,006, and Lower Canada one-third, Upper Canada would only pay $266,666 more than her share according to population. And it is to get rid of this expenditure of a couple of hundred thousand dollars that the Upper Canadian members of the Govem- inent pi-opose that theii' section of the countiy should pay an addi- tional yearly expenditure of $3,181,000, yielding no return what- soever, and to saddle on Lower Canada an additional expenditure of from $1,500,000 to $2,000,000 a-year, the amount depending on the proportion which they respectively contribute to the revenue of the country. And this was only the immediate and necessary expenditure that would fall upon the people of Canada at the very outset. There was not a single sixpence in this estimate for any improvement to be made in the eastern or western portion of the Confederacy. Respecting the defences of the country, he should have said, at an earlier stage of his remarks, that this scheme pro- poses a union not only with Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland, but also with Biitish Columbia im t m 240 CONFEDERATION. and Vancouver's Island. I must confess, Mr. Speaker," &ii(l the honourable member, " that it looks like a burlesque to ^pea^. , as a means of defence, of a scheme of confederation to unite the whole country extending from Newfoundland to Vancoiivor's Island, thousands of miles intervening without any communication, except through the United States or around Cape Horn." Hon. Attorney-General Cartier — "There is an interocean'M rail- way to be built." Hon. Mr. Dorion — " Yes, I suppose that is another necessity of confederation to which we may soon look forward : some western extension of this (Irand Trunk scheme, for the benefit of Messrs. Watkin & Co., of the .new Hudson's Bay Company. So far as Lower Canada was concerned, he need hardly stop to point out the objections to the scheme. It was evident from what had transpired, that it was intended eventually to form a legislative union of all the Provmces. The local governments, in addition to the general government, will be found so burdensome, that a majority of the people will appeal to the Imperial Government for the formation of a legislative union. I may well ask," said he, " if there is any member from Lower Canada, of French extraction, who is ready to vote for a legislative union'? This confederation is the first necessary step towards it. The British Government is ready to grant a federal union at once ; and when that is accomplished, the French element will be completely ovei-whelmed by the majority of British representatives. Perhaps the people of Upper Canada think a legislative union a most desirable thing. He could tell those gentlemen that the people of Lower Canada are attached to their institutions in a manner that defies any attempt to change them in that way. They will not change their religious ijistitu- tions, their laws or their language for any consideration whatever. A million of inliabitants may seem a small aflfair to the mind of a philosopher who sits down to wi'ite out a constitution. He may think it would be bettor that there should be one religion, one language and one system of laws, and he goes to work to frame institutions that will bring all to that desirable state ; but the history of every country goes to show that not even by the power of the sword can such changes be accomplished. If a legislative CONFEDERATION. 241 imion of tlie British American Provinces be attempted, there will be such an agitation in this portion of tlie Province as was never witnessed before : you will see the whole people of Lower Canada clinging together to resist, by all legal and constitutional means, such an attempt at wresting from them those institutions that they now enjoy. I think that the Avhole scheme, apart from the con- struction of the railway, is worse than the railway scheme itself, and ought to be still more strongly opposed. It is a mere revival of a scheme that has been rejected by the people on every occasion on which it has been presented to them during the past seven years. In 1841, nearly twenty-five years ago, Lower Canada entered into the union of the Provitices with a debt of c£l 33,000. Since th^ union, $12,000,000 have been expended for public works in Lower Canada, with perhaps another million for other small works ; in all $13,000,000. Twelve or thirteen millions of dollars' worth of public works is all we are able to show for an increase of our debt from jCI 33,000 at the time of the uniou, to $27,500,000, which, on going out of the union to enter into the confederation, is the Lower Canada proportion of the $G2,. 500,000 of public debt we are bringing into it. I do not take into consideration the Municipal Loan Fund indebtedness, nor the Seignorial Temu'c redemption, because if we have received any benefit from the outlay, we are going to be charged for those items separately, over and above our share in the $02,500,000. Prom the explanations given the other day by the honourable Finance Minister, I infer that by putting the Seignorial Tenure to the charge of Lower Canada, and by Upper Canada abandoning its indemnity for the Seignorial Tenure expenditure, there is no necessity for taking those items into account as part of the liability of Canada in the Confederation ; that the charge for the redemption of the Seignorial Tenure, the township indemnity [under the Seignorial Act of 1859, the interest on that indemnity, the liability of the Province to the Superior Education Fund, and the loss on the Lower Canada Municipal Loan Fund, amountmg in all to about $4,500,000, will have to be paid by Lower Canada alone. Upper Canada came into the union with a debt of £1,300,000. Immediately after the union, £1,500,000 sterling was borrowed for public works, most of which amount was ,t'«l ir 242 CONFEDERATION. ■HI expended in Upper Canada ; and yet Upper Canada goes out of the union by simply abandoning its claim for indemnity under the Seignorial Tenure Act, having nothing to assume but its Municipal Loan Fund and its share in the Federal debt ; while Lower Canada, on the contrary, goes out with a load of $4,500,000 of local debt, besides the $27,500,000 which falls to its share to be paid through the General Government. I submit that no such project ought to be voted by the House, before we have the fullest information necessary to enable us to come to right conclusions. We ought* besides, to have a clear statement of what are the liabilities speci- ally assigned to Upper and Lower Canada. It is well that Upper Canada should know if she has to pay the indebtedness of Port Hope, Cobourg, Brockville, Niagara, and other municipalities, which have borrowed from the Municipal Loan Fund, and what these liabilities are ; and it is important for Lower Canada to be told what are the amounts they will be rec^uired to tax themselves for. And we o\ight to obtain some kind of information upon the subject of the Intercolonial Kailway — what is the proposed cost, and what route is to be followed ; and before these facts are V)efore the House, we ought not to take it upon ourselves to legislate on the subject. Still further, the people of the country do not understand the scheme. There is a provision that the nomination of the judges of the superior courts shall be vested in the General Government, but it would seem that the constitution of the courts is to be left to the local governments; and I put the question — what does this mean 1 Do you mean that the local governments are to establish as many courts as they please, declare of how many judges they shall be composed, and that the General Government will have to pay for them 1 Is a local government to say, here is a court witli three judges ; we want five, and those five must be appointed, and paid by the General Government ? He could well understand what was meant by the reg\ilation of the law of divorce ; but what was meant by the regxilation of the marriage question 1 Is the General Government to be at liberty to set aside all that we have been in the habit of doing in Lower Canada in this respect ? It is said that the division of the debt is a fair one. We have given, say the Government, $25 of debt to each inhabitant. There is CONFEDERATION. 243 another aspect in which this question of debt is to be considered. To equalize it, the Conference have increased it on the basis of the population of the several Provinces. This is fair enough at present, supposing that each Province contribute the same proportion to the geneiul revenue, and would continue to be so if their popula- tion progressed in the same ratio of increase ; but, from the natural advantages of Upper and Lower Canada, and their greater area of arable lands, there is no doubt they will increase in population and wealth in a much greater ratio than the Lower Provinces ; and in ten years hence, this pi'oportion, which this day appears a fair one> will have much increased for Upper and Lower Canada, while it will have diminished for the Lower Provinces," He maintained that we ought not to i)ass this measure now, but leave it to another year, in order to ascertain in the meantime what the views and sentiments of the people actually were. On the 20th, Mr. Joly, sustaining Messrs. Hoi ton and Dorion, expressed his want of confidence in all confederations, denouncing them for their instability and tendency to intestine wars and com- motions. He referred to the confederacies of Greece and Italy, citing Lords Brougham and Macaulay, and illustrated by refer- ence to the South American confederacies the correctness of his position, particularly objecting to the Avtsakness of the central power, which he declared to be not the fruit but the root of the system ; that the central power now wielded by England over us was free from the weakness incident to the federal system, and we felt only its benefits; that thei-e was nothing exceptional in Lower Canada to alter the rule ; that in Lord Durham's time, as described by himself, there was an antagonism between its two races, French and English ; that the union had renxoved it, and they worked in harmony ; but place them in their former position, and the old sentiment would revive again. He referred to a reso- lution then before the House, suggesting that for the proposed confederation Canada should be divided into three civil divisions. Western, Central and Eastern, as illustrative of his position ; that at the mere idea of a legislature in which the French ele- ment is to be in a majority in Lower Canada, the passions 244 CONFEDERATION. described by Lord Durham are evinced. "I do not believe," said he, "that the French Canadians will abvise the power of their majority in Lower Canada, by striving to oppress the English Canadians; but there are too many points on which they dis- agree to allow of their living long in peace together, in spite of their sincere wish to do so, under the system of local government which is proposed to us. The honourable Prime Minister said in the Council : * I believe the French Canadians will do all in their power to render justice to their fellow-subjects of English origin ; and it should not bo foi-gotten that, if the former are in a majority in Lower Canada, the English will be in a majority in the General Government, and that no act of real injustice can take place with- out its being reversed by the Federal Parliament.' Bat who is to decide whether any act of the French Canadians is really an act of injustice I The Fedei'al Parliament in which the English ele- ment will be all-powerful ! In political matters, a disinterested opinion is but seldom come to ; the sympathies of the majority in the Federal Parliament will be against us. I see in this the pros- pect of a position which may prove to be a most dangerous one for us ; if the strife should commence, no one can tell when it will end. Confederation, by changing the state of things which established harmony between the English and French races in Lower Canada, will desfc-oy that harmony, and the consequences may be only too easily foreseen. In Upper Canada there is much more homogeniety, and, by consequence, the danger of intestine trouble there is much less great. True it is that the enormous power of the Orangemen, and the law respecting sei:>arate schools, may give rise to difficulties, but I fear more for the relations of Upper Canada with the other provinces, and especially the Atlan- tic Provinces. Upper Canada objects, in general terms, to the construction of the Intercolonial Railway. Its wish is to see the resources of the future Confederation applied to o})enuig up the immense territory of the North- West, and to the enlargement of its canals. The Atlantic Provinces desire the Intercolonial Rail- way ; but they hold in dread the expend itui'e which would be en- tailed by the opening up of the North- West territory and the enlargement of the canals. Upper Canada already feai-s lest the CONFEDERATION. 245 Atlantic Provinces should unite with Lower Canada against her ; the French Canadians fear for their nationality, threatened by the English majority from the other provinces, and yet Confederation only exists as a scheme. But when the different provinces shall meet in the Federal Parliament as on a field of battle, when they have there contracted the habit of contending with each other to cause their own interests, so various and so incompatible with each other, to prevail, and when, from repetition of this undying strife, jealousy and inevitable hatred shall have resulted, our sen- timents towards the other provinces will no longer be the same ; and should any great danger, in which our safety would depend upon our united condition, arise, it would then perhaps be found that our Federal \inion had been the signal for our disunion. In such a position the greatest danger would result from the neigh- bourhood of the United States, a nation which for a long time has looked on our Provinces with a covetous eye. They will follow up our political stiiiggles closely, Avill encourage the discon- tented, and will soon find an opportunity for interfering in our internal affairs, being called in by the weaker party. History is full of similar occuiTcnces. The Government, knowing well how much the people fear direct taxes, tell them that Confederation involves them in no such risk. What new method are they going to invent then for raising money 1 It is perfectly clear that confederation will largely increase our expenditure. And, in face of this increased expenditure, our chief source of revenue is to be considerably diminished. I refer to the import customs duties. We are told that Lower Canada will have a revenue of nearly a million and a half to meet her local expenditure ; mth what shall we meet our propor- tion of the Federal expenditure, which will be far larger ] But I shall now deal with the advantasjes which we are told must certainly result from confederation. They may be divided into three classes — political, military, and commercial. Tlie honour- able Minister of Finance, faithful to the doctrine that the greatness of a State is proportioned to the greatness of its debt, announces to us that our credit will be considerably increased, and that we shall be enabled to borrow much more extensively than we have 246 CONFEDERATION. hitherto done, a prospect at which he seems greatly to rejoice. This facility of borrowing is not always an unmixed good ; but it must be remembered that our credit will depend entirely on the success of our Confederation. If it should not succeed, if any serious difficulty should arise within it — a thing which is possible — public opinion will be more prompt to take alarm, in that our Federal form of government does not afford strong guarantees for the maintenance of order and peace, and our credit will soon be worth less than the credit of a single Province is worth to-day. Let us be content with our lot ; few nations have a better one. The territorial formation of the future Federation will also be an insurmountable obstacle to the establishment of a strong govern- ment ; it amounts to a deformity. We do not need Confederation to give us that unity which is indispensable in all military oper- ations — unity of headship. A commander-in-chief will dii'ect the defence of all our Prov^inces; he will forward troops, and, if he can, vessels of war, to the points most seriously threatened, and will assist each Province to defend the post which Providence has already assigned to each in our long line of battle. Moreover, in the event of war with the United States, if we were to trust to numbers we should be sadly disappointed. What we need above all is enthusiasm ; our citizen soldiers must be convinced that they are risking their lives for something worth while ; that they are happier in being under the flag of England than they could be under that of the United States, and that they must lose by an exchange. In the present ])osition of the United States it is not difficult to make them understand that ; the taxes alone with which the Americans are now crushed down, and of which the vast volume is growing from day to day, suffice to shew, at a first glance, how far our position is superior to theirs in a material jioint of view. But if, in order to meet the extravagant expenture the Confederation must bring with it, the people find themselves taxed beyond their resources, the case will be different. Deprive the French -Canadians of their nationality, and you deprive them of the enthusiasm which would have doubled their strength. I concur with the Government in then- desire to form more intimate commercial relations between the different Provinces ; but it is as CONFEDERATION. 247 well to form a proper appreciation of those advantages, and see whether we cannot seciu'e them without Confederation. The Gulf Provinces possess timber, coal, and fisheries ; our own two great articles of export are timber and wheat. With regard to timber, the Gulf Provinces have no more need of ours than we of theirs. As to coal we import from England what wc need for our present wants, in ballast, on board the numei-ous ships which come here for our timber, and we thus get it cheaper than we could import it from the Gulf Provinces. When this supply becomes insufficient to meet our gi'owing wants, it will be neces- sary to look somewhere for a supply of coal. If the Lower Pro- vinces can furnisli it to us at cheaper rates than we can get it in the United States, we shall buy it from them. Upper Canada will probably get its coal from the Pennsylvania mines, vhich are in direct communication with Lake Erie, on the north shore of which the richest and most thickly settled portion of Upper Canada is situated. As regards fisheries, Canada has a stock of fish in its watei*s sufficient not only to supply all its own require- ments, but to enable it to export largely from Gaspe to Europe. Now as to wheat. The Honourable President of the Council told us that in a single year the Atlantic Provinces paid $4,440,000 to the United States for flour, and that a portion of that flour came from Upper Canada ; and the honourable gentle- man asks why should not wo ourselves sell our flour to the Lower Provinces ? For the simple reason that, instead of having to pay $4,447,000 to the United States, they would have to pay us $5,000,000, and they would, therefore, refuse to buy from us. There is no such thing as sentiment in matters of business ; men buy in the cheapest market. The Gulf Provinces will buy their flour from the United States so long as they can obtain it at a lowrr price there than in Canada ; and the fact that they do obtain it cheaper from the United States is clearly demonstrated by their buying from the Americans and not from us. But a single glance at the map will account for the difference in price. I do not believe that the Intercolonial Railway can be advantage- ously employed for the transport of flour from Riviere du Loup to Halifax. He contended that they could secure every one of 248 CONFEDERATION. fllH^' these commerciiil advantages without the Confederation. What hindered them from having free trade with the Gulf Provinces 1 To sum up all in a few words," said he, **all the advantages are negative, that is to say. Confederation will do no harm to our interests, militaiy or commercial, but neither do they require it. As to the inconveniences of which it may be productive, I leave them to the judgment of the House, who will decide whether they are positive. I am asked : ' If you will have nothing to do with Confederation, what will yo\i have V I answer — we would remain as we are. Tliat, I am told, is imfjossible, in our present position with respect to Upper Canada. But are we really bordeiing on civil strife"? Of coui'se it is representation based on population which is the exciting cause. Do t^e people of Ujiper Canada demand representation based on population as a condition sine qua non of the continuation of our peaceful relations with them 1 Has this desire to obtain representation based on popu- lation taken such deep root in the bosom of Upper Canada, that it is ready to plunge lis and itself into the horrors of civil war in order to achieve it? Or is not representation by population rather one of those political clap-traps which ambitious men, who can catch them no other way, set to catch the heedless multitude 1 I look upon this threat of civil war as resembling a farce. These two reasons advanced by ministers are merely intended as a veil to conceal the tiiie motive for this complete revolution in our constitiition ; that true motive is simply a desire on their parts to remain in power. He then turned to the details of the scheme, and objected to the provisions respecting the representation, also to the declaration made by the leader of the Government that the Government would accept no amendment, but that the resolutions must be adopted in the shape brought down. He then addressed himself especially to the French Canadian members, and asked them i'' roper steps were taken to protect the interests of Lower Canaci nd sought to arouse their sectional fears l:)y pointing oxit that English of Lower Canada might join with the English of L|»per Canada, and by means of their majority in the Federal Parliament im- pose upon them measures objectionable to their interests as French CONFEDERATION. 249 C!auadiaiis. He objected to the proposed military system, and asked : — "why should we vest in the Federal Government the right of giving instruction in the military art, and of aiming the other ))rovinces at the expense of Lower Canada 1 Why, while there is yet time, should we neglect to take those salutary precautions on which our existence as French-Canadians depend ? Our Local Government ought to have the same active pait in the organiza- tion, instruction and equipment of our militia which belongs to all local governments which form pait of other confederacies. They offer to protect the French-Canadians ; but when, xmder the pre- sent constitixtion, they can protect themselves, why should they abdicate the nght of so doing] The French-Canadians, at the [)resent day, are in a better position than they wore at the time of the union. They are at the same time both judges and suitors. They are asked to adopt a new form of government ; it is not im- posed upon them ; and, to indiice them to do so, the Hon. Minis- ter of Agriculture tells them that this new form of government Avas reconnnended successively by Chief Justice Sewell, Judge Robinson and Lord Durham. The names of these three men ought to suffice to open our eyes ; their avowed object always was to obliterate French-Canadian nationality, to blend the races into one only, and that the English ; and to attain that end they recommended the system of government now submitted for our iipj)roval." The honourable gentleman concluded his address in a powerful appeal to lus fellow French-Canadians to i)reserve their nationality by resisting confedei-ation. Mr. Joly was immediately followed by the Solicitor-Gener.d East, Mr. Langevin, himself a French-Canadian, born and edu- cated in Lower Canada, and identified with its people, its inte- rests, and its prejudices. He observed : "This question of confederation is bound up with the common interests of empires and the general policy of nations, for it is no unimportant matter for the great nations who bear sway amon keep in the country, not indeed all the children of our farmers, but at least a very great number of them, who but for these improvements would have emigrated en masse to the neighbouring country." He then defended the provisions of the proi)osed constitution, relative to the j udiciary and the administration of justice, and pointed out that the civil rights of Lower Canada were preserved. Referring to the power given to the Federal Government in matters toucliing marriage and divorce, and stating that as Roman Catholics they acknow- ledged no power of divorce, he claimed credit to the delegates from Lower Canada for the course they pursued. After mature consideration he resolved to leave it, the question of divorce, to the central Legislature, thinking thereby to increase the difficul- ties of a procedure which is at present so easy. He found this power existing in the constitutions of the different Provinces, and not being able to get rid of it, he wished to banish it as far from us as jjossihle. He then, after referring to the argument of Mr. Joly, as to the weakness inherent in confederations, turned to the subject of the increase of representation from the increase of population, and observed that the resolutions do not prevent Lower Canada from having more than sixty-five representatives, if its population should increase faster than that of the other Pi'ovinces. The French translation of these resolutions is errone- ous, for it says tliat "for tliT purpose of determining the number of representatives from each Province at the end of every decennial census. Lower Canada shall never have either moi'e or less than sixty-five representatives," whei-eas the English version of the resolutions, which is the official version, says, " Lower Canada shall always be assigned sixty-five members." This does not mean that Lower Canada can never have more than sixty -five members, but that it cannot have less than sixty-five members. He then concluded his able speech with a well-merited defence of the Attorney-General for Lower Canada, the Hon. Geo. E. Cartier. He referred to the numerous public measures he had introduced, CONFEDERATION. 259 and to the esteem and gratitude in which he was lield by his countrymen in Lower Canada. " In the midst of a terrible crisis," he said, " his country confided to him all its intei-ests, all its rights, all its institutions, its nationality, its religion, in a word everytliing it held most dear. The Hon. Attorney-General received the whole trust into his safe and faithful keeping, and when called upon to render an account, he exhibited all those interests, rights and institutions, our nationality and religion, in fact everything that the ]^eo])le held dear, and restoi-ed them guaranteed, protected, and surrounded by every safeguard in the confederation of the British North American Provinces." On the 22nd February Mr. Rose resumed the adjourned debate in support of the motion. He presumed " There wei-e few who, in the abstract, would not favour the idea of a union between a number of small states adjoining each other, rather than that they should remain isolated under separate governments. To the idea of union in the abstract between states so circumstanced, no one would be opposed. But the principle ground of the opposition to the present scheme is this, that the mere abstract }ji'inciple of union does not apply with full force to the five colonies that are parties to this scheme. It is feared by many that it is the first step towards independence ; that it may probably result in not only severing our connection with the mother country, but in forcing us to a union with the neighbour- ing republic. The change will be of that character, that, instead of loosening, or weakening, or diminishing the connection with the mother country, it will tend to })ut it on a footing which will make it stronger and more enduring. It cannot be denied that there is a state of public feeling growing up in England just now, not confined, as it was a few years ago, to a class of extreme theo- rists, that the connection which subsists l)etween the colonies — Canada especially — and the mother country, is a source of expense and danger. There is another consideration which makes this subject stand out more prominently before the people of England at the present time than otherwise it would do, and that is the state of its relations with the republic adjoining us, and the enor- 260 CONFEDERATION. iSilvvHli' ';* moiis military power which the United States have shewn, witliin the last two or three years, that they possess. It is this which has forced public opinion so strongly in England to a considera- tion of the actual relations between this country and the mother country, and it is this state of facts with which we miist deal now. It is our duty to see whether we cannot find in the union of these colonies security to ourselves and a source of strength to the empire at large. We find in our position towards the United States, and in the great preponderating power they possess, a guarantee that we need not apprehend that there will be anything like practical independence of England asserted by the colonies of North America ; because, from the very necessities of our posi- tion, we shall always have to look up to her for protection and aid. I put aside, for the moment, the instinct of attachment to the mother country, and I put the case on this ground alone, that the necessity of self-preservation will for centuries — for generations at all events — prevent the possibility of these colonies asserting their independence of England, unless it were, indeed, to become a por- tion of the republic which adjoins us, and to which, I think, it is neither the interest nor the inclination of any member of this House to become united. Whatever fate may be in store for us, that is a destiny to which no one looks with favoiir. The genius and instincts of our people are monarchical and conservative — theirs levelling and democratic. I believe that the attachment to England will be increased tenfold by this proposed union. We will have a sentiment of nationality among ourselves ; and I con- sider it to be one of tin; first duties of a statesman to inculcate that national feeling that gives the people a strong interest in their country's welfare. With a stable go^-ernment and a strong cen- tral power controlling an immense territory, we shall bo able to enter upon a well considered, well devised and attractive system of immigration. In this continuous recruiting of our population I see one of the great elements we will have to look to for ..the perpetuation of the attachment of this country to the Crown. But, it may be said, that from the necessity of our position there is danger that we shall feel our material and commercial erests so strongly bound up with the United States, and feel : eliant CONFEDERATION. 261 ill our own strength as a great country, that we will e>'entually form a closer alliance with that republic than any of us desire, and that the formation of the present union is the lirst step towards annexation. I do not think our interests would lead us in that direction. At the ])resent time we are almost entirely dependent \ipon the United States commercially. We are depen- dent upon them for an outlet to the ocean during the winter months. If they choose to suspend the bonding system, or by a system of consular certificates make it practically useless ; if they abolish the reciprocity treaty, and carry the passport system to a greater degree of stringency, we shoidd feel our depenilence upon that country, even in a greater and much moi'e practical way than we do at the present time. And perhaps it is worth our while to consider, whether this nray not be the real motive wliich dictates the policy they are now pursidng ! But give us this Intercolonial Railway, affording us communication with Halifax and St. John at all seasons of the year, and we shall be independent of the United States commercially as we no^/ are politically. We nuiy not find this route to the ocean more economical, especially in the winter season, than to go thi'ough the United States, but if wo have a route of our own to which we may resort, in case of neces- sity, our neighbours will find it to their interest to give us the use of their channels of communication at a cheaper rate. I see that if we do not unite and form one central Government, giving it the power to direct all the physical energies of this countiy in whatever direction may be necessary, that we are liable to be overrun by the United States. And this I conceive to be one of the very strongest arguments in favour of the confederation of the Provinces, that it enables us to prepare appropriate defences along the whole frontier of our country. I believe that the formation of a Government having the power to direct the whole strength of five colonies would greatly add to our security. I do not believe that, if we reverted back to our original condition, the Imperifil Govern- ment would be as much disposed to aid us in the construction of the works necessary for our defence, as if they found that in the presence of a common danger we were united together to repel the common enemy. I say the Imperial Government would not, 262 CONFEDERATION. ■f* 1 !|i 1 wp»li 1 in such a case, be actuated simply by a regard to the expense of constructing these works, in which I understand tlie Lower Pro- vinces will have to bear a share, but she would bo deterred from so doing by the further consideration that when built, these works Avould be less likely to s(H've the purpose they were designed to accomplish. What we have to giiard against is this : a sudden conquest or surprise, for which we might l)e unprepared. I believe myself that, if works can be constructed, by means of which wo can effectually defend the country against sixdden attack, no one will grudge the expense. We know that in modern warfare, if you can erect certain works which will compel an enemy to sit down before them, so as to prevent him from making progress into the country, you may by such means defend it for many months. By the construction of cei-tain works at A^'lrious points, the manning of which is qiiite within the compass of our j)ower, we can ai-rest the ])i'ogress of an invader for many months, we can compel him to expend and exhaust his strength before these works, and we could thi-ow embarrassments in his way such as would take an invading force many months to ovei-come. It is impossible to have more than a six months' campaign in this country. An aggressive warfare in this country is one thing, and a defensive warfare another, and a very different. Our country is well adapted for defensive purposes, and it is next to impossible to subdue us. The badness of oiu' roads, the difficulties presented by our wintei*s, our deep, broad, and unfordable rivers, and the means we could establish for keeping an enemy in check at certain points for the necessary time, would enable us to resist the United States with all their power and resources. Do we not know that in the event supposed we should find the Atlantic coast swarming with English vessels* carrying moveable columns of troops, menacing and landing at every point. The navy of England, the arsenals of England, the purse of England, and all the appliances and requirements of war would be brought to bear upon and be available to us in such a stiuggle. We should not suffer from the lack of the material of war, which is perhaps the very thing of all other things the most essential. Neutrality has been spoken of But how could neutrality be CONFEDERATION. 2G5 kiglit possible in a struggle between England and the United States 1 The country which cannot put forth an effort to defend itself occu- pies a despicable position, and forfeits on the score of weakness even the wretched privilegrocal trade with the United States for Upper Canada as it i'e(piires. But if we are disiniited— if the Lower Provinces retain the conti'ol of the fisheries, and Canada has nothing to give in exchange for the concession she seeks from the United States in the way of commercial intercourse, in bread- stufi's and otherwise — I say that in such a case as this we are very much hampered indeed." Turning to the suggestion that there ought to be a dissolution Jind an ap})eal to the people, he couteuded that such a course would be so anomalous and absurd as not to commend itself to the couimon sense of the country ; that the elections would not be limiteil to the consideration or merits of the scheme itself, but 1)3 governed by individual preilile(;tious and local questions ; that the measure was already stamped with the approval of the p^'opl-,^, beciiusc their i-eason juid judgment cou- vinced tlicm not oidy that it was desirable, but a necessity of thei r condition. Mr. Dunkin, in r-'plying ti) Mv. Rosi\ addressed the House for two days and two nights. His speech was certainly the most elaboiate and the most exhaustive of all the speeches eitiier for or against the proposition. Every conceivable and almost incon- ceivable objection was taken and worked out to its extremest limit. All that a well-read public man, all that a strong party politician, all that an ingenious lawyer, all that a thorough sophist, 272 CONFEDERATION. f. I i a dexterous logician, a timid patriot, or a prophet of evil could array against the scheme was brought up and pressed with un- flagging entirgy. Though worthy of attentive perusal, its extreme length forbids its transmission entii'e to these pages, and from its one hundred and twenty columns of the official reports, we must endeavour to extract substantially its salient points. Throughout this long speech it must be observed, no imjiroper motive is attri- buted by Mr. Dunkin to the jn-omoters of the measure. The question is fairly argued u})ou its merits ; too minutely perhaps, but with perfect candour. Amid the asperity of party, such an example cannot be too highly commended. He feared there was a foregone conclusion in the House against the views he was about to express, and declaring that, absti-actedly speaking, he was a unionist in the largest sense, he i)roceeded to detail his objections to the scheme proposed. He believed it was a measure of disunion instead of union ; that it would certainly lead to the severance of Upper and Lower Canada, and woidd tend to an early separation of the Provinces from the British Em})ire ; that the proposition of a federal union, or any union of the British North Ameiicau Provinces, had not been discussed until very lately ; that in 1858 tlie proposition could not even obtain a hearing in the House, and all parties were utterly indif- ferent to it ; that study strengthened him in his convictions against the scheme every day ; that in the Xi'vy announcement of it the Canadian Government stated it Avas their own difficulties which made them desire to bring it about ; that down to 1862 the public mind was not occupied with it, and in 1804 it was a mere matter of accident I'csulting from a vote of the House adverse to the administration, following on the sanuj day on which a i-eport from a committee suggestijig confedei'ation Avas brought in, which report itself was a mm-e accident, was received by the House with more than cool indifference, and was followed by a succession of accidents more extraordinary than the state of things to which those accidents led ; that he himself \ oted for the committee and sat on it, on the express ground he believed it would do no harm, and that the Attorney-General for Upper Canada, the leader of the House, was on that comnuttee, and A^oted against aie report, wsm mm CONFEDERATION. 273 SO that what had since happened was unexpected even by the actors in the occurrences ; that the scheme was got up in haste, yet it was brought down as a treaty, and the House was told that its details were not to be criticised ; that it was got up with great ingenuity to catch everybody — legislative councillors, Lieutenant- Governors, uniformity of the laws for all but Lower Canada — promised everything to everybody, but when it wius examined it was found to be ambiguous, unsubstantial and unreal ; that it displayed a gi'eat deal of that cleverness which might be character- istic of an astute politician, but was far from the wisdom of a statesman ; that the representation of the House of Commons was based on a set of special shifting districts, which from a British point of view was unsound ; that the mode of readjust- ment of the decennial census was a bad innovation on our usages, and destructive of convenience and stability ; tliat the Legislative Council, as proposed, would operate as no fedex'al check, was based on no public opinion, could not last, and was a near approach to the worst system which could be devised in legislation ; tluit the difficulties in the formation of the cabinet would be insurmount- able ; that it could not be foi-med on any other princl])le than that of a representation of the several Pi'ovinccs in the cabinet ; that such a formation was inconsistent with British practice and prin- ci[)le ; that the Bi'itish cabinet was no cabinet of sections ; that if in Canada they had not been able to work satisfactorily with a cabinet of two sections, how were they going to do so with this scheme / " It starts," lie said, to use liis own words, " Avith a principle, as to the election of the House of Commons, which must involve the arraying on the flooi- of tliMt House, not of a set of members of Parliament coming there to judge and to act each for the whole of British North America, but of a certain Hxed number of Upf)ei- Canadians, a cin-tain fixed number of Lower Canadians, a certain fixed number of Nova Scotians, of New Brunswickers, of Prince Edward Islanders, of Newfoundlanders, of Red River men, of men from Vancouver's Island, of British Columbia men, of Saskatchewan men— each to act there for his own Province. If we ever get all these territories laid out into provinces, we are to have just so many sections, numerically most unequal, upon i^ :1^^:}'M 274 COXFKDKUATION. the floor of this House, and the only ahiding distinctions between members will })e those represented by tlxe territorial lines between their provinces. The Le<^islative Council, we have seen, will not be the check which these sections Avill reqiiire. The Executive Council has got to be that check, and in the Executive Council these sections will have to rej)roduce themselves. A})ai't fi-om the pi'ovinces or vast territoiy to the west of us, we shall thus lia^e over six such sections on the floor of the Commons House, with their six corresponding sections in the Executive Council, and six jtarliamentary majorities to be worked together, if possible, while hitherto we have found our two sections and two majorities one too many. Our constitutional difliculties, I I'epeat, are referable to that very practice, and so it is proposed that we should try a system three times — and more tlian three times — more complex still. That cleverest of politicians who, for two or three years running, luider such a system, shall have managed to carry on his cabinet, leading six or more sections in our Commons House, six or more sections in the Legislative Council, and, forsooth, six or more local parliaments and lieutenant-governors, and all the rest of it besides — that gifted man who shall have done this for two or three years running, had better be sent liome to teach Lords Pal- raerston and Derby their political nlpliabet. The task will be infinitely more, tliflicult than the task these English statesmen find it none too easy to undertake." Hon. Attorney-C eneral Cartier — " There will be no difficulty." Mr. Dunkin — " 'J'lie honoiu'able gentleman never si^es a difli- cxilty in anything he is going to do." Then ho contended that, <'ven assuming the <'al>iuet was brought down to the number it would be possible t<» itllow, say eleven, twelve or thirteen, it would be difficult to satisfN' not oulv the sectional demands iov i)laces in it, but the national sub-diA'isions of the sections, for instance, in Quebec the French, Irish aiul British ■; that the mode of appoint- ment and tenure of office of the Lieutenant-Goveiuiors was objec- tionable ; that the federal system itself was simply inconsistent with the first principles that must pi-evail in a pi-operly organized British responsible central government ; that the Federal and Local Governments must come into collision on many subjects — COXFEDKRATIOX. 275 by way of ilhistration, fisherips, a,£:ricultiii-o, iinini;^ration, miima^o and divorce. He objected to tlie looseness of tb(^ wording of the resolutions; to tliei-e being no provision for a Ke])arate district for the federal capital ; to the provisions respecting the judiciary ; to the confusion as to the criminal law, and described in graphic language the painful position of a judge under the proi)osed system. " We are not cpiite sure," he said, " whether we are going to have any distinctively federal judiciary or not. There is a power given to have one — there may be one ; but we ai-e exjn-essly told that perhaps there will not be. But wliat are we told on the other hand 1 Oh, there is no doubt whatevei", according to the resolu- tions laid before lis — no doul)t whatever— that whether we have a federal judiciaiy or not, the provincial judiciai'ies are to be a sort of joint institutions. And a very curious kind of co-paitner- sliip the Federal Government and the Provincial Governments — the Federal Legislature and the i)rovincial legislatures — are thus to have in the judicial institutions of the country generally. All the courts, judges, and other judicial officers of the provinces are to be, for all manner of federal purposes, servants of the Federal Government. There is an old saying, ' No man can serve two masters.' But all these unfortunate courts, and all their officers, and sj)ecially all their judges, must serve two masters, whether they can or not. All the Superioi- Co\irt judges — and, in Upper Canada, the judges of the County Courts— are to be named and paid by the Fedfji-al aiithority, and are only to be removable by the Federal authority, on a joint address of the two Houses of the Federal Parliament. But, on the other hand, the provinces are to constitute the coiirts, are to say what their functions shall be, what the number of the judges, how they are to pei-form their function, are to give them more work or less, to make their work pleasant or disagi-eeable, high woi"k or dirty work, as they like. In this way they can wrong a judge just as much as they please ; the only check on them being the j)Ower of the Federal Govern- ment to disallow their legislation. The Federal Government, foraooth, names the judges, and pays them, and alone can remove them. Does that take away the power from the local parliaments and governments, the power to change the constitution of the ?,!• 276 CONFEDERATION. ^'v- court, to change it in the way most distasteful to those judges, to legishite away the court altogotlier, to legishite down its functions in such a manner as may drive the judge to resign? And we arc tohl there will be no clashing ! I have no doubt the honourable Attorney-General East thinks he could manage coiu'ts on this system ; could have one authority constituting the courts, and anothei- naming jind removing the judges, and have the system work harmoniously. lie may think so, I do not. I am satisfied if ever the scheme is tried, it will be found that it will not work. Human natru-e is human nature ; and here is a first-rate lot of matteivs to quarrel over, and to quarrel over seriously. Why, there is even a special refinement of confusion as to criminal matters. t*riminal procedure is to be Federal ; civil pi'ocedure. Provincial ; criminal legislation proi)er, is to be Federal ; but with a most uncertain quantity of what one may call legislation abotit penalties, Provincial ; civil rights, in the main, Provincial ; but no one can tell how much of Federal interference and overriding, and all with courts Provincial in const ituti(m, but whose jiidges hold by Federal tenure and under Federal pay. I pity the poor man who is at once a criminal judge and a civil judge. Between the clashing of Ids masters and the clashing of his book authorities, he had better mind what he is about, with the painful doubt rising at every turn whether Provincial legislation may not be over- ridden by Federal legislation. His Province may well have legis- lated on what it holds a local matter, while the Federal Parliament may have legislated on it, thinking it a Fcdei-al matter. Anywhere there may well be some Ijit of Federal legislation contradicting something in a local statute. And do our resolutions say that the federal statute shall always override the local statute / No, only in cases where there is concurrent jurisdiction. And yet our judge, who is to decide these nice questions, is paid by one power and removable by that power, and may have his functions taken away and be persecuted to the death by the other. Ho will have a bad time of it." He objected that the disinctions and differences between Upper and Lower Canada would be kept up, instead of being obli- terated, and were })rophetic of disaster. He exliausted the CONFEDERATION. 277 )ver- ,gis- lent Hiere jting ithat No, yet one bions bher. [pper lobli- the comparison between the constitution of the United States and the one proposed for the Confederation, to the disadvantage of the latter, and denounced the financial part of the j)lan from ])eginning to end. " The system proposed for adoption," said he, " is not one of entire and simple separation of the Federal from the Provincial treasuries, but a system of the most entire and complex confusion between them. One has to think a good deal upon the subject, and to study it pretty closely, to see precisely how the confusion is going to operate ; but there it is, unmistaka- bly, at every turn. I do not mean to say that imder all the circumstances of the case, something of this sort was not unavoid- able. Of course, in the mere view of making the scheme palatable, it was clever to make the Federal treasury pay for Provincial expenditure ; but the system that had need be established shoxild bear testimony, not to cleverness, but to wisdom. Is the system proposed for our acceptance as good, then, as statesmen ought to and would have made it ] I think not ; and the extraordinary thing is, that it is brought out with a flourish of trumpets, on the gi'ound that in some imdescribable way it is to work most econo- mically ! Well, to test it, I will take it up in three points of view : first, as to assets ; nvxt, as to debts and liabilities ; and, lastly, as to revenues. As to the asset part of the question, the tale is soon told. The assets of these Provinces, speaking generally, are of very little commercial value. They are much like the assets of an insolvent trader, with lots of bad debts upon his books ; it is of small consequence to whom or how they are assigned. The general principle upon which the scheme proceeds, is to give the Federal Government the bulk of these assets. The only excep- tions of any consequence — I am not going into the details of the scheme, but still I must present to the House so nuich of detail as to show that I am making no rash statement, not borne out by facts — the only important ex<:;options, I say, to this rule are those I am about to notice. Certain ])roperties, such as penitentiaries, prisons, lunatic asylums, and other piiblic charitable institutions, and other buildings and properties of the kind, which, together with those I have just mentioned, may be characterized as excep- tional properties, are to be assigned by the General to the Provin- 278 CONFEDICHATION. cial GovormuPiits. Also, Avitli the excoi>ti()n of Nowfomulliiud, thn soveml Provinces uro to take the public lands, luiiies, minerals and royalties in each, and all assets connected with them — in com- mon parlance, their tni'ritorial revenues. The (ienend (govern- ment is, however, to have the mines, minerals and public lands of Newfoundland, j)ayin<^ for them of course. Then, ir|)per and Lower Canada are sevcirally to have those as.sets which are con- nected with the debts reserved for payment by them resj)ectively ; but the.se will not be worth much, and 1 shall not take the trouble of saying much about them. It is enovigh to know that the proportion of the debts to be assumed by the two has not yet, for some reason, been stated, and that the assets connected with them amount to very little." The debts are disi)osed of in an e(j;ually unsatisfactory way, b\it in the length of discussion the reveiuies ultimately escajied further attention. He proceeded to point out that the proposed financial systen) would, if adoj)te(l, lead to fiirther demands upon the Federal treasury from each of the Provinces, and that in .such demands they would uuitually sui)port each other, observing : — " With our Upper and Lower Canada have had pretty good proof of this. We know that whenever we anything has had to be done foi- one section of this Province, it has constantly been found necessa]y to do something of the same or of some other kind for the other. If either needed anything very badly, then the ingenuity of the Minister of Finance had to be exercised to discover something else of like value to give the other. In one word, unless I am more mistake]! than I think I can be, these local governments will be pretty good daughters of the horse-leech, and their ciy will be found to be pretty often and pretty successfully, ' Give, give, give ! ' He expressed his dread of ths expenses connected with tlie defences, the Intercolonial Railway, the communications with the North-West, the enlarge- ment of the canals, the purchase of the Hudson's Bay Tenitory, the acquisition of Vancouver's Island, and the making " a gi'and i-oad all across the continent, which Great Britain shrinks from contemplating herself;" and asked, " Well, with this certain pros- pect before us of a gigantic outlay, what is the prospect for a gigantic income]" He contemplated the decrease of the revenue, (•ONFKDKKATION. 279 iVoni tlie necessity of incrtiiii,' tlic wishes ol" the |)eoj)Ie of tlio Lower Pi-oviuces, whose tiirifis were h'ss ; ami if so, (h-eiuhnl the taxation tliat was to meet the (h^tieieney. "We are marching, said he, fast and steadily towards free tra(U^ We must meet the views of the peo^de of the Lower Provinces, who are liostihi to hi<^h tarilVs, and tlie demand of the Imperial authorities tliat we should not tax their manufactures so heavily tus, in theii" jdirase, almost to deprive them of our market. And if, with this state of things hefore us, to oblige the imperial autliorities and the Lower Pro- vinc(!s, inider i)i'essur«! of an ine\ itahle state necessity, we are to hmIuco our customs rates, or any number of them, below what T may call their figure of largest jn-oductiveness, then surely it is little to say that we cannot look forwar*! to an increase in the revenue, "or even to a continuance of our i)resent income ; and it is rather strange that wo should be called uj)on withal, at the same time, so to change our whole system as to involve ourselves in the enormous extravagances here contemplated. No taxing scheme can ever meet the case. Nothing can be looked to but a device of boiTowing without limit — the incurring of an amount of debt that, in interest and sinking fund, must })rove to be simply unen- durable hereafter. But, in fact, we cannot even borrow to any lai'ge amount, unless under false pretences. We cannot borrow without telling tales of our condition, i-esources and expectations, that in the end will be fo\\nd out to be lies. We must awaken hopes in the minds of money-lenders abroad, that cannot but prove delusive — the memory of which must work us hereafter an aggra- vation of punishment that we shall then scarcely need. And when that time of reckoning shall have come, then, staggering under the load, without ci-edit at home or abroad, the country will have to choose whether it will have heavy direct taxation — for heavy taxa- tion there must be — or have recourse to more or less of repudiation, or even run some risk of both. If ever that time shall come, the public men of that day, and the people on whom the burthen Avill then press, will not bless the memory of those who held out the false hopes and inducements under which it is now sought to decoy us into wild expenditure and crushing debt." He objected to a federation of the Provinces, but wanted a federation of the Empirej IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 I- !■■ IIIII2 2 Hi Mm ^ tiS, 2.0 1.8 14 IIIIIL6 ■♦• V] 7 f / 'iVy ;^^ y Photographic Sciences Corporation 33 WIST MAIN STRKT WEBSTIR.N.Y. 14SM (716) •72-4503 # L1>^ f\ iV :\ \ A o^ '' ^ ^z^ 'Vr 280 CONFEDERATION. m 4 and suggested a Colonial Council — something, perhaps, aftor the manner of the Council for the East Indies. He asserted that the tendency of the present proposition was rather to separation than to a closer connection with the Empire, and that it must inevitar bly lead to the former. He declared that a legislative union witli the United Kingdom was utterly impossible, and that if the ques- tion should arise, whether we are so to be merged in the United Kingdom, or are to separate entirely from it, the answer could only be, At whatever cost, we separate. And it was because he believed that the present scheme would lead to separation, even if it bid fair to answer ever so well in the other respects — because he was an Englishman, and held to the connection with England, he would oppose it. He believed that a commercial union with the Lower Provinces could take place, and he anticipated that the United States would be jealous, and possibly aggressive, if the scheme was carried out. After stating that he had gone through the leading points of his argument so far, he observed : If I am not entirely wrong, the only way in which this pi-oposed machinery can be got to work at all, will be by an aggregation, so to speak, in the first Federal cabinet, of the leading men of the different existing Provincial administrations. The attempt must be made to combine the six majorities, so as to carry on an administration in harmony with the understood wishes of the six several Pro- vinces, ii-respective of every consideration of principle, or of sound, far-seeing policy. I do not see how, although this thing may be done at starting, it can bv, jarried on — I was going to say, for any length of time — I might say, for any time, long or short, unless by a system of th „ most enormous jobbery and corruption." He objected to the haste with which the measure was pressed, and combatted the grounds on which it was pi-essed — considera- tions connected with the United States, with Great Britain, the Lower Pi-ovinces, and with our own domestic affairs. He discussed all these points at great length. With reference to the United States, our attitude would be one of semi-defiance, for which there was no reason. With reference to Great Britain, he referred in strong language to the latent feeling which was showing itself there against the Colonies ; quoted largely from the Edinburgh Review ; M CONFEDERATION. 281 deuoimced the Goldwin Smith school ; read extracts from the Timea and the Edinburgh Review to show that the measure was hailed as a stej) towards independence ; and declared that he regarded the cutting the tie as a cei-tain result of this measure ; and "of that again, I hold, said he, the inevitable result to be our early absorjv tion into the Republic south of us, the United States, or the Northern States, be which it may." After scvei-al further observa- tions, he concluded as follows : "I feel that I have taken up a great deal of the time of the House, and that I have presented but imperfectly the views I am anxious to impress upon it as to this great question. But for sheer want of strength, I might have felt it necessary, at whatever risk of weaiying the House, to go into some matters more thoroughly, and more especially into that branch of the subject which relates to what I may call the alter- native policy I myself prefer to this measui-e, and would wish to see adopted and canied out. As it is, I have but to say, in ^in- clusion, while warmly thankiiig the House for the attention and patience with wliish it has for so many hours listened to me, that I have said nothing but what I firmly believe, and felt myself bound to say ; and that I trust the sober good sense of the people ' f these Provinces, after full reflection and discussion, will decide rightly upon this the largest question by far that has ever been before them for decision." The House listened to this long and able speech with much attention, it only being occasionally inteiTupted by observations of incredulity from the Hon. Attorney-General Cartier, and playful expressions of confidence in his own ability to meet the dreaded emergencies wherever they arose. The conclusion, as Mr. Dunkin himself said, was foregone against his views. Mr. Shanly, with clear practical common sense, put the issue of Confederation or Annexation before the House in a remarkably lucid manner. After observing that the opponents of the project while giving it a sweeping condemnation, offer nothing, suggest nothing to replace that which they so summarily reject, and after stating his objections to the Federal system and his preference for a Legislative Union, and finding fault with some of the details, 19 ■ry 282 CONFEDERATION. m referring to the public opinion in England and the United States with reference to Canada, and the events then pending in the latter country, he observed : * ,*; fcM "It appears to me there are just three states of political existence possible for us here when we emerge from the chrysalis form in which we have hitherto existed. First, there is the attempt to stand alone as a separate nationality on this continent — that is one alternative Secondly, there is the prospect held out to us in these resolutions, namely, a union of all the British North American Colonies under the flag of England, becoming more and more every year a homogenous British people, and bu' ing up a consolidated British Power on this continent. The last and inevitable alternative if we reject the other two is exactly that stated by the honourable member for South Lanark (Mr. Morris) — absorption into the United States. It is in vain to shut our eyes to that fact, or that the time is at hand when we will have to make our selection. The latter alternative, he wa.s satisfied, would be most distasteful to the great mass of the people of this country. # * # * And in making the choice which I know, said he, the people of this country will make — as between annexation to the United States and connection with Great Britain — as between republicanism and monarchy — as between Canada our country, or Canada our state — I believe they will be chosing that which will best advance the material pro- spects, and best ensure the future happiness and gi'eatness of the country. If we were to be absorbed into the I'epublic, and become a state of the union, that would in no way relieve us of the great undertakings that are before us for the i.nprovement and development of our resources. "We would still have a large debt on our hands, of which, unaided, we would have to bear the burden ; our canals and other public works would be treated, not as national, but as state enterprises, and the expense of enlarging or extending them would have to be charged upon a diminished revenue, for nearly the whole of the revenue we now raise from customs and excise would go, not to the improvement of this state of CiJjJAda, but would be poured into the coffers of the General ' 'J ♦ CONFEDERATION. 283 iates the itical y sails s the sinent \, held Jritish oming 3, and , The exactly s: (Mr. to shut KG will tie was of the :ing the :ry will mection 'chy — as !ve they ■ial pro- is of the (lie, and >ve us of [ovement a large bear the |ated, not snlar^ng finished lise from this state General iJovernmeut at Washington. I cannot understand how any patriotic Canadian, even of those who regard political matters from a material point of view only, can advocate annexation to the United States. I believe there are many persons in Canada who, though entertaining feelings of true loyalty to the Crown of England, imagine that in some way or other — they cannot exactly tell how — annexation would bring about an extraordinaiy and sudden state of prosperity. I diflfer entirely, even in the material and practical points of view, from the theorists and visionaries who entei-tain so false a conviction. How, I would ask, is this country, with diminished me^-us at its command, to be enabled to carry out those great works through which alone it could hope to become great, but the ways and means for constructing or im- proving which still puzzle our financiers ? I have always been of opinion, since I first came to ponder carefully the future of Canada, that that future does not depend so much upon our lands as upon our waters. The land — the terra Jirma — of Canada is not inviting to those who have tilled the soil of Great Britain or explored the vast fertile plains to the west of Lake Michigan. Our country is just on a par with the northern part of the State of New York, and with the States of Vermont and New Hamp- shire in respect of climatic conditions and conditions of soil. But we possess one immense advantage over those countries, an advantage which gives us a distinctive position on this continent — the possession of the noble river which flows at our feet. It is tlirough that river and our great chain of inland waters that the destiny of this country is to be worked out. But we cannot fulfil our dest'Tiy — or the destiny of this country rather — by standing idle in the market place ; by, as one honourable member has suggested, doing nothing to improve our natural highways or create artificial ones, trusting to fortune or to Providence for tho development of our resources. I believe that we have a high and honourable destiny before us, but that it has to be worked out by iiard toil and large expenditure ; and we certainly would not be in a better condition to work it out were we to be united to a country that would at once absorb four-fifths of the revenue on which we now depend for our very existence. The improvement I 284 CONPEDERATIOK. m i of our internal navigation is the first great undertaking we shonld consider, whether for commercial purposes or for purposes of defence. And as regards the promoting of our commercial interest in the improvement of our navigation, what advantage, I would ask, could we expect to gain by becoming a state of the American union ? Thei-e is not one of the seaboard states but would be in every way interested in diverting the western trade from our into their own channels, and in endeavouring to obstruct the improve- ments calculated to attract that trade to the St. Lawrence. The Western States, doubtless, would have interests in common with us, but they are not in a position to render \\h material aid for the construction of our works, being themselves borrowers for the means of carrying out their own internal improvements. I believe, then, that even from a material point of view, every un- prejudiced thinker raiist admit that our future prosperity and importance lie in pi-eserving our individuality, and in making the most of ovir heritage for our own special advancement. I feel quite certain that nine-tenths of the people of Canada would not be deterred from taking their chance as a nation through the fear that they may some day have to strike a blow in defence of theii" country, and of all else, whether of reality or of sentiment, that should be dear to a brave and loval p^ple. We stand here the envied possessors of, take it all m all, the greatest river in the world ; the keepers of one of the great portals to the Atlantic ; and I tinist that Canadians will never be found to yield possession of their heritage till wrested from them by force ! And that must be a force, they may rest assured, not merely sufficient to over-match the people of these Provinces, but all the power of the Empire besides. I" Is* " T l-l' / •a-Uij; [286] rff»i* .'■n^' '<.t '!"l JTr ■■/r' y5r '^ ^i> r. CHAPTER VIII. Death of Sir E. P. Tach6 — Character — Reconstruction of the Government — Ministerial negotiations — Action of the Government after reconstruc- tion — Confederate Council on Trade — Resolutions — Deputation to Wash- ington — Negotiations at Washington for renewal of the Reciprocity Treaty — Failure — Report to the British Minister at Washington — Terms proposed by Canada — Counter terms by the United States — Public satisfaction at the rejection of the latter — Effect on Confederation — 1 A. D. 1865 & 1866. Before the close of tlie session the result of the electiops in New Brunswick, and tlie consequent temporary defeat of Confe- deration in that Province, was known. The Government there- upon at once closed the business of the session, took a vote of credit, including $1,000,000 (one million), for defence, and deter- mined to send a deputation to England to confer with the Imperial Government. In the month of April the Attorney-Generals West and East, Macdonald and Cartier, and Messrs. Brown and Gait, set out for that purpose, receiving on their way, as the steamer stopped at Halifax, a perfect ovation, indicative, as was supposed at that time, of the feeling in favour of Confederation in the important Province of Nova Scotia. About this time the assassination of President Lincoln at Washington created a profound sensation throughout the whole of British North America. Public demonstrations of respect were shewn, and resolutions of sympathy and condolence passed by every legislature then sitting, and by almost every municipality throughout the Provinces. Some little anxiety was entertained at the time as to the course his successor, Mr. Johnson, might pursue towards Canada, urged on as he was by that portion of the press in the United States well known for its hostility to England. It however passed away in a very short time. Not long after the prorogation of the Legislature, in the month of July, the President of the Cotincil, Sir Etieime P. Tach6, died at the ripe age of seventy-one. A Canadian by birth and a£fec- -ji I '.'? '•:rB ^1 :R!H 286 CONFEDERATION. zv tion, he had long filled a distinguished position in the country. Of undoubted loyalty to the Crown of England, his practical mind was not led astray by the theories of the French Revolution, or the meretricious glare of the Empire. The rapid advance of the United States, in trying contrast to the slower progress of his own Province, caused no deviation in his devotion to the Bri- tish causo. In 1812 he gallantly threw himself into the ranks of those who were struggling, and successfully struggled, to preserve Canada to England. In later years, on the establishment of the principles which gave to Canada the unconditional control of her own local affairs, he entered political life, and became a warm supporter of those measures of progress which tended so rapidly to develop her resources and promote her interests. With the correctness of instinct, he saw that the preservation of the pecu- liar institutions and privileges of Lower Canada, guaranteed by the treaties of Paris of 1763, and of Versailles of 1783,* could only be maintained by the continued connection with England, and his is the well-known saying, * that the last shot that would be fired on the American continent in the defence of the British flag, would be by a French-Canadian." He had from the first been a warm advocate of Confederation, and the closing act of his public life was in its support in the legislature. He passed away full of honours and of years, and the future historian of Canada will refer to him as one who left to his countrymen of French descent a name without reproach ; to his countrymen of English descent the noble example of a man rising above the prejudices of race, and devoting himself to the advancement of all without dis- tinction. A good man and a true patriot, his memory will long be revered by the statesmen over whom he presided, and by the people whom he loved. His death caused an important vacancy in the cabinet, and developed in a strong light the hollow nature of the alliance be- tween Messrs. BroAvn and Macdonald, and the latent causes which in a few months later led to the resignation of the fonner, and his subsequent bitter hostility. » * The stipulations of tlie Treaties of Paris and Versailles are given in Appendix. OONFEDEBATION. w or idix. The facts cannot be better set forth than in the official narrative of the Ministerial negotiations which took place for the recon- struction of the Government, and which was laid before Parlia- ment in the sesaion of 1865, namely : Ifo. 1. — Memorantlum made 4^h August^ I860, of conversation, held on the preceding day between Messrs. Macdonald ami Brown. Mr. Macdonald, yesterday, sought an interview with Mr. Brown and informed him that His Excellency the Governor-General had sent for him, that morning, and had stated his desire that the Administration, as it was formed in 1864, should continue in office, with as few changes as possible, in order to carry out the policy announced by the Governmunt on its formation — that, with that view His Excellency had expressed the opinion that the most obvious mode of supplying the place, vacated by the death of Sir Etieime Tach^, would be for Mr. Macdonald to assume the position of first minister — as being the senior member of the Ministry — and that Mr. Cartier would, on the same principle, become the leader of the Lower Canadian section of the Government — and that, for the purpose of cariying those views into efiect, he had commissioned Mr. Macdonald to take tljo post of first minister — at the same time i*equesting all the other ministers to retain their offices, Mr. Macdonald further informed Mr. Brown that he had assented to this proposition of His Excellency, and had seen Mr. Cartier, who, at once, agi-eed to it. He then invited Mr. Brown to accede to the pro[)osal of His E's.cellency. Mr. Brown i*eplieil that he was quite prei)ared to enter into arrangements for the continuance of the Government in the same position it occupied pievioiis to the death of Sir Etienne Tach6 ; but that the proposal now made, involved a grave departure from that position. The Government, heretofore, had been a coalition of three political parties, each represented by an active jmrty lead V, but all acting under on^ chief — who had cepised to be actuiiodd by strong party feelings or personal ambitions, and who was well fitted to give confidence to all the three sections of the 288 CONFEDERATION. II •3 ii-*i :4 ( rk ; coalition that the conditions which united them would be carried out in good faith to the very letter. Mr. Macdonald, Mr. Cartier, and himself (Mr. Brown) were, on the contrary, regarded as party leaders, with party feelings and aspii-ations ; and to place any one of them in an attitude of superiority over the others, with the vast advantage of tlie Premiership, would, in the public mind, lessen the security for good faith, and seriously endanger the existence of the Coalition. It would be an entire change of the situation. Whichever of the three was so preferred, the act would amount to an abandonment of the [coalition basis and a re- constiniction of the Government on ordinary party principles, under a party leader unacceptable to a large portion of those on whose support the existence of the Ministry depended. Mr. Brown reminded Mr. Macdonald that whe- the coalition was formed, tlie Liberal party in opposition, constituted a majority of the House of Assembly : that, sol . ^ for the accomplishment of a great measure of reform essential to i^ie peace and progress of the country, they had laid aside, for the time, party considerations, and consented to foi'm a coalition with their opponents, on con- ditions which nothing but the strongest sense of public duty could have induced tlieiii to accept. He reminded Mr. Macdonald of the disadvantageoxis and embarrassing position he (Mr. Brown) and his colleagues, Mr. McDoiigall and Mr. Howland, had occupied during the past year, — united as they were with nine political opponents, who held all the important departments of stat«; — and he asked him to reflect in what light the liberal party must I'egard this new proposition to abandon their distinctive position, and place one of their chief opponents in the premiership, though his conservative supporters in Parliament were much inferior, numerically, to the Reform supportei-s of the coalition. Mr. Brown stated his conviction that the right mode of settling the question, would be to invite some gentleman, of gl)od position in the Legislative Council, under whom all the three great parties to the coalition could act with confidence, to become the successor of Colonel Tach6. In no other way, he thought, could the position, heretofore existing, be continued. Mr. Brown concluded by saying that the proposal of Mr. Macdonald was, palpably, one CONFEDERATION. 289 y, one for the constniction of a new Government, and that if the aid of the Reform party of Upper Canada in the Assembly were desired in its formation, a distinct statement of the i)olicy of the new Govei*nment must be made, and a definite proposition submitted. Speaking, however, for himself alone, he (Mr. Brown) occupied now precisely the ground that he had held in the negotiations of 1864 ; he stood prepared to give an outside but frank and earnest support to any adrainistmtion that might be formed, pledged like the Coalition Government, to carry through Parliament, in the spring session of next year, either a meiisure for the final com. pletion of the Confedeiution scheme of the Quebec Conference, or one for removing existing difficulties in Canada, by the intro- duction of the Federal principle into the system of Government coupled with such provisions sis will permit the Maritime Pro- vinces and the North- West Tenitory to be incorpomted into the system. Mr. Macdonald stated in answer that at the time the Coalition was eftected in 1864, Sir Etienne Tache held the position of Premier with him (Mr. Macdonald,) as leader of the Lower House, and of the Upper Canadian section of the Government. That on reference to the memorandum containing the basis of Coalition, it will bo seen that Mr. BroAvn at fii*st preferred to siipport the Government in its policy as then settled without entering the Government, but that it was afterwards agreed in deference to the wislies of his supportei'S and at the pressing instance of Mr. Macdonald that he and two of his political friends should enter the Government. These terms were acceded to, the offices that happened to be then vacant placed at Mr. Brown's disposal, and the Coalition was completed. Mr. Macdonald further stated that Sir Etienne Tach6 was not selected at the time of the Coalition or as a part of the agreement for the Coalition, as fii-st minister, but he had been previously and was then the head of the Consei-vative Government, and was accepted with all his Lower Canadian colleagues without change. That on the lamented decease of Sir Etienne, His Excellency had, without any previous communica- tion of his opinion to him or (as he understood) to any one else, come to the conclusion that the bept mode of carrying on the iv il 290 CONFEDERATION. '1^^ ■i i r i Uoveniment was (as already stated) for Mr. Macdonald to take ono step upward ; that Mr. Cartier, as next in seniority should do BO also, and that the other arraTijrements should remain ius before. That he (Mr. Macdonalc'^ taought with His Excel- lency that this was the best solution of the matter, and could not but accede to it ; that, however, he had no ])ersonal feeling in the matter, and that if he had, he thought it his duty to set aside such feeling for the sake of caiTying out the great scheme so happily commenced to a successful issue. He therefore would readily stand aside and waive his pretensions, so that some other party than himself might be appointed to the Premierahip ; that he thought Mr. Cartier should be that party ; that after the death of Colonel Tach6 Mr. Cartier, beyond a doubt, was the most influential .man in his section of the coun- try, and would be selected by the Lower Canadian supporters of the Government as their leader ; that neither Mr. Brown nor Mr. Macdonald could dictate to Lower Canada as to their selection of leader ; that the Premier must be, according to usage, the leader or senior member either from Upper or Lower Canada ; and that as he (Mr. Macdonald) had, in consequence of the position taken by Mr. Brown, waived his own pretensions, it followed that Mr. Cartier should be appointed us Prime Minister. Mr. Macdonald stated in conclusion that although he had no reason to suppose that His Excellency would object to the selection of Mr. Cartier, yet he must of course submit the proposition to him, and obtain His Excellency's assent to it. Mr. Brown replied that in some of the views suggested by Mr. Macdonald, there was a diflference between this proposition and the original one ; but still that this, like the other, would be a proposal for the construction of a new Government, in a manner seriously affecting the security held by the Liberal party. Before saying anything upon such a proposition, however, were it formally made, he would desire to consult his friends, Mr. McDoiigall and Mr. Howland. The interview then terminated, and the following correspond- ence took place : ^spond- C0NPKD6BATI0N. 291 iVo. 2. — Hon. John A. Matcdoiiald to Hon. George Brown : Quebec, August 4, 18G5. My dear Sib, — Immediately after our conversation, the heads of which we have reduced to writuig, I obtained His Excellency's l)ermis8ion to piopose to you that Mr. Cartier, as being the leader of the ministerial majority of Lower Canada in Parliament, should assume the position of Prime Minister, vacated by the death of Sir F'iienne Tach6, the other members of the. administration con- tinuing .J hold their position and offices as before. All the Lower Canadian members of the Council assent to this proposition ; so do Mr. Campbell and myself; and I am sure I can also speak for Mr. Solicitor-General Cockburn, who is now absent. May I request the favour of an early reply 1 , Believe me, my dear Sir, yours faithfully, John A. Macdonald. Hon. Geo. Brown, »kc. kc. kc. No. S. — Hon. George Brown to Hon. John A. Macdonald : Quebec, August 4, 1865. My dear Sir, — I have received your letter of this afternoon, inviting me to rettiin my pi*esent position in a Government to be formed under the Premierahip of Mr. Cartier. In reply I have now to state, after consultation with Messrs, Howland and McDougall, that we can only regard this proposition as one for the constmction of a new Government, in a mannei- seriously aflfecting the security heretofore held by the Liberal party. Anxi- ously desirous as we are, however, that nothing should occur at this moment to jeopardise the plans of the Coalition Government on the constitutional question, we cannot assume the responsibility of either accepting or rejecting it, without consultation with our political friends. This I am prepared to do without any delay, and to that end it will be necessary that I have clearly stated in writing the basis on which Mr. Cartier proposes to construct the new (jrovemment. I am, my dear Sir, yours truly, Geo. Brown. Hon. John A. Macdonald, &c. &c. &c. M 292 CONFEDERATION. No. 4 — //o»j. John A. Macdonald to Hon. George Brown : Quebec, Saturday^ 5th August, 1865. My dear Sir, — I regret to learn from your note of yesterday, that you cannot assume the responsibility, without first consulting your political friends, of either accepting or rejecting the proposi- tion that Mr. Cartier should be placed at the head of the Govern- ment, in the stead of the late Sir Etienne Tach6, with the under- standing that the refet of the Council should retain their present offices and positions under him. I have confeired with Mr. Cartier on the subject, and we agree that, at this late hour, it would be highly inexpedient to wait for the result of this consultation. Parliament is to assemble on Tuesday next ; and in our opinion, it would greatly prejudice the position of the Government, as well as the future prospects of the great scheme in which we are all engaged, if we met Parliament with the administration in an incomplete state, and therefore with no fixed policy. I have His Excellency's permission to state his concurrence in this view, and his opinion that the public interests require the immediate reconstriction of the Ministry. Under these circumstances, and to prevent the possibility of the scheme for the confederation of British North America receiving any injury from the appearance of disunion among those who coalesced for the purpose of carrying it into efiect, Mr. Cartier and I, without admitting that there are any sufficient grounds for setting either of us aside, have ag-.eed to propose that Sir Narcisse Belleau shall assume the position of First Minister and Receiver- Greneral, vice Sir Etienne Tach6 ; that the position and offices of the other members of the Executive Council shall remain as before, and that the policy of the Government shall be the same as was laid before Parliament in July, 1864, as the basis of the Coalition which was then formed. His Excellency authorizes me to make this proposition, and expresses his desire for an early answer. Believe me, my dear Sir, yours faithfully, John A. Macdonald. Hon. George Brown, (fee. «fec. «fec. CONFEDERATION. 293 Lld. No. 6. — H(y>i. George Brown to Hon. John A. Macdoncdd : i Quebec, 5th Augiist, 1865. Saturday, 5 p.m. My dear Sir, — Your note of this aftei-noon was handed to me by Colonel Bernard ; and having communicated its contents to my colleagues, I now beg to state the conclusions at which we have amved. Without intending the slightest discourtesy to Sii' Narcisse Belleau, we deem it right to I'emind you that we would not have selected that gentleman as successor to Sir Etienne Tach6 ; but as he is the selection of Mr. Cartier and youi*self, and as we are equally with you desirous of preventing the scheme for the con- federation of British America receiving injury from the appearance of disunion among us, we shall offer no objection to his appointment. I think, however, that it will be necessaiy that Sii* Narcisse Belleau shall have stated to him, and shall accept, in more distinct terms than you have indicated, the policy on which our Coalition now rests. It is quite right that the basis-of June, 1864, should be stated as the basis still ; but he should also clearly understand the modification of that agreement, rendered necessary by succeed- ing events, and which was ratified by Sir Etienne Tach6 in March^ 1865. The agi*eement of June, 1864, was as follows : " The Government are prepared to pledge themselves to bring in a measure next session, for the purpose of removing existing difficulties by introducing the Federal principle into Canada, cou- pled with such provisions as will pei*mit the Maritime Provinces and the North-West Territory to be incorporated into the same system of government. And the Government will seek, by send- ing representatives to the Lower Provinces and to England, to secure the assent of those interests which ai'e beyond the control of our own legislation to such a measure as may enable all British North America to be united under a general legislature, based upon the federal piinciple." Sir Narcisse Belleau should understand that occun-euces in the Maritime Provinces unfortunately prevented this agi*eement from being carried out, so far as regai'ds time j that it became necessary Ik CONFEDERATION. to consider wliat course ought to be pursued in consequence of these occurrences; and that we came to an agi-eement that we should earnestly strive for the adoption of the scheme of the Quebec Conference ; but should we be imable to remove the objec- tions of the Maritime Provinces in time to pi-esent a measure at the opening of the session of 1866, for the completion of the Con- federation scheme, we would then present to Parliament, and press with all the influence of Government, a measure for the reform of the constitutional system of Canada, .as set forth in the above agreement of June, 1H64. I remain, my dear Sir, youis truly, Geo. Brown. Hon. John A. Macdouald. y No. 0. — Hon. John A. Macdouald to Hon. George Brown: Quebec, August 7, 1865. My dear Sir, — Sir Narcisse Belleau returned from the country yesterday, and I am happy to inform you that he has, though with gi'eat reluctance, acceded to the request of Mr. Cartier and myself, and accepted the position of Fii*st Minister, with the office of Receiver-General. He accepts the policy of the late Government, as stated in yoiu- note of Saturday to me, and adopts it as that which will govern his administration. This policy will of course be amiounced in both Houses of Pai - liaraent, as soon as possible. "'• "* "' '" ' ' " ':' "• '" . Believe me, faithfully yours, * John A. Macdonald. Hon. George Brown, &c. ' r,..v .,, ->:,:i . .• /I .-..r 'ij t< t - 4th. That in the event of the abolition t \e treaty by the United States Government, it is the opinion oi this Council that all the British North American Provinces should combine cordially together in all commercial matters and adopt such a common com- mercial policy as will best advance the interest of the whole. 5th. That in the opinion of this Council it would be highly desirable that application be made to Her Majesty's Imperial €lovemment, requesting that steps be taken to enable the British North American Provinces to open communications with the West India Islands, with Spain and her colonies, and with Brazil and Mexico, for the purpose of ascei'taining in what manner the traffic of the Provinces with these coimtries could be extended, and placed on a more advantageous footing. 6th. That in the event of negotiations for a new treaty of Reciprocity with the United States, being opened by Her Majesty's Government, but n. I concluded before the 17th March next, application be made to Her Majesty's Government suggest- ing that an aiTangement be entered into with the United States Government for such a continuation of the existing treaty, as may aflfbrd time for concluding the pending negotiations. 7th. That Her Majesty's Government be requested to authorize the members of this Council, or a committee to be appointed from amongst them, to proceed to Washington, in the event of negotia- tions being opened for the renewal of the Reciprocity Treaty, in order to confer with the British Minister there, and afford him information with respect to the interests of the British North American Provinces. The Council then adjourned. (Signed) W. A. Himsworth, Secretary. On the 1st January, 1866, Messrs. Gait and Howland of Canada, Smith of New Brunswick, and Henry of Nova Scotia, delegates CONFEDERATION. 299 from their respective Govomments, of which they were membent, went to Washington. Negotiations, with the u)ncurrence of the British Minister, were opened with the United States, and conti- nued until the month of February, without any successful result. The demands of the United States were totally inadmissible ; and on the 6th February, the Delegates delivered the following memo- randum (marked A) in reply to the Committee of Ways and Means (Congress being then sitting), to which Committee, imder the action of the American Government, they had been referred : ithorize 3d from legotia- . (A.) Washinqton, February 6, 1866. {n reference to the memorandum, received from the Committee of Ways and Means, the Provincial Delegates i-egret to be obliged to stater, that the proposals therein contained, in regard to the commercial relations between the two countries, are not such as they can recommend for the adoption of their respective Legisla- tures. The imposts which it is proposed to lay upon the produc- tions of the British Provinces, on their entry into the mai'kets of the United States, are such as, in their opinion, will be in some • cases prohibitorj', and will certainly seriously interfere with the natural course of trade. These imposts are so much beyond what the Delegates conceive to be an equivalent for the internal taxa- tion of the United States, that they are reluctantly brought to the conclusion that the Committee no longer desire the trade between the two countries to be cai-ried on upon the principles of recipro- city. With the concurrence of the British Minister at Washington, they are therefore obliged respectfully to decline to enter into the engagement suggested in the memorandum ; but the present views of the United States may soon be so modified as to permit of the interchange of the productions of the two coimtries upon a more liberal basis. PH, ICanada, Ulegates On the following day they made their report to Sii* Frederick Bruce, Her Majesty's Minister at Washington, and returned to their several Governments ; Mr. Henry, the Attorney-General of Nova Scotia, having taken the place of Dr. Tupper, and Mr. 'I 300 CONFEDERATION. 11^ Howland, Postme ater-General of Canada, the place of Mr. Brown, The Report was as folIowR : Washinqton, February 7th, 1S66. Sir, — We have the honour to inform your Excellency that our negotiations for the renewal of reciprocal trade witli the United States have terminated unsuccessfully. You have been informe ' .».-, ■'■■(fWi/ XK I St. Free trade in the natural productions of the United States and the Provinces ; subject, on both sides, to the internal revenue duties. 2nd. That the present aiTangemont with regard to the fisheries shall continue. 3rd. The free navigation of the internal waters of the continent, coupled with an effort to improve Canadian water communications. 4th. That Canada would adjust her excise duties upon spirits beer and tobacco, in accordance with a revenue standard to be mutually adopted. ^ 5th. A continuance of the present bonded system throiigh both, countries. ■(c.) ' '■■ Ist. That they should decline to admit free any article whatever from Canada, with the exception of burr millstones, rags, fire- wood, grindstones, plaster and gypsum. 2nd. That they ask a right to fish as at present. They would abolish the present fish bounties, btit impose an import duty more than an equivalent to these bounties. 3rd. That the navigation arrangement would continue, pro- viding that no discrimination as to tolls should be made between United States and British craft. 4th. That the present bonding system should continue. 5th. That the following should be the duties levied on other articles proposed to be included in this treaty : Animals, living, of all sorts, 20 per cent, (ad valorem.) Apples, and garden fruit and vegetables, 10 per cent, (ad val.) Barley, 15 cents per bushel. Beans, except vanilla and castor oil, 30 cents per bushel. Beef, 1 cent per pound. Buckwheat, 10 cents per bushel. Butter, 4 cents per pound. Cheese, 4 cents per pound. Com, Indian and oats, 10 cents per bushel. Commeal, Indian and oatmeal, 15 cents per bushel. OONFBDKBATIOK. SOS other val.) T 1 ;.> i. Coal, bituminous, 50 cents per ton. . , - , Coal, all other kinds, 25 cents per ton. ,•.,.,. Flour, 25 cents (ad valorem.) ,• j ,, Hams, 2 cents per pound. ; i; , ; , , ,/ Hay, $1 per ton. .'< v* . Hides, 10 per cent (ad valorem.) /. , ,- . Lard, 3 cents per pound. .„„,.;,* -j Lumber, pine, round or log, $1 50 per 1,000 feet. Pine, sawed or hewn, $2 50 per 1,000 feet ; planed, tougued and grooved, or finished, 25 per cent, (ad valorem.) Spruce and hemlock, sawed or hewn, $1 per 1,000 feet. Spruce, planed, finished, or partly finished 25 per cent, (ad valorem.) Shingle bolts, 10 per cent, (ad valorem.) , ,, . .;i v Shingles, 20 per cent, (ad valorem.) ,' All other lumber of black walnut, chestnut, bass, whitewood, ash. oak — round hewn or sawed, — 20 per cent, ad valorem.) If planed, tongued and grooved, or finished, 25 per cent, (ad valorem.) i, ,:■;■:■•.:,, : •-;>.■ ^.-v« - -'.•■..-.■. ,--r. Ores, 10 per cent, (ad valorem.) : ' , ■ Peas, 25 cents per bushel. • : •; . Pork, 1 cent per pound. ,,. j, ,.,.;, ^ . ,., Potatoes, 10 cents per bushel. / ^. Seed, timothy and clover, 20 per cent, (ad valorem.) Trees, plants and shrubs, ornamental and fruit, 15 per cent, (ad valorem.) i^^^^ s^'i^? Tallow, 2 cents i)er pound. Wheat, 20 cents per bushel. Thus ended the efforts to renew a treaty which had covered a reciprocal trade of sixty-eight millions per annum, and which had been looked upon by its promoters in 1854 as tending to cement perpetual amity with the United States. The action of the dele- gates at Washington met with the universal approval of the people of the Provinces. The propositions of the Government of the United States, as conveyed through the Committee of Ways and Means, it was considered would simply have made the British : r ! ','i''--- ■i> \- m II * ) 304 CONFEDERATION. Provinces insignificant, outlying portions of their territory, con- trolled by their laws, without having any voice in their legislation, dependent for their trade and commerce upon the fluctuating views of the prepondei-ating party for the time being in the United States; governed one day by the restrictive policy of Pennsylvania coal owners, and the next by the necessities of gold speculators in New York ; unable to enter the British or any foreign market, but with the badge of American vassalage ; and having to look in their own legislation and their own parliaments, not to the interests of their own country, but to the directions they might receive from their commercial masters at Washington. It was well for the governments of the day that their delegates returned without having given even a qualified assent. The Pro- vinces were thrown together, and confederation was secured. To this action of the American Government on the question of reciprocity, and to the Trent affair, the rapid achievement of Canadian union may be mainly attributed. It would have come in time, but the latter acting upon the British Government, and the former upon the British Provinces, brought it about at once ; and if hereafter a great northern nation should spring from the confederation, rivalling the United States in power, in constitu- tional freedom, in commercial enterprise, and in the development of all those elements of strength which indicate a progressive and contented people, rivals in all the pursuits of peace, and equals in the emergencies of war, the United States will have to look back to their own action in 1862 and 1865 as one of the main con- ducing causes. ■-,,,.,.,, • ^, ^ ,,,.'; ,.„,,■ ' , ,, , ,, ,.\-^ • ,. '». .. ,>,;■ , '<^ .-•■St •■■■:;? .uS'i/v:' J.. ?^^.U.':->i;^ «*' [306] con- CHAPTER IX. 'irf< Resignation of Mr. Brown — Parliamentary explanations — Reasons assigned — Examination of minutes of Council and Mr Gait's memorandum — Reasons existing — Subsequent conduct — A. D. 1865 & 1856. But the events narrated in the previous chapter did not take place without producing in the Canadian Cabinet a change of singular significance. In the month of December Mr. Brown, owing, as it was said, to a difference with iiis colleagues as to the mode in which the negotiations with the United States should be conducted, resigned his seat as President of the Council, and left the cabinet. Mr. McDougall was at that time absent with the West India Trade Commission, and the leader of the Government tendered to Mr. Howland, the remaining member of the Reform party in the cabinet, the position held by Mr. Brown, with the assurance that the conditions on which the Coalition Government had been formed were still to continue. Mr. Howland, after consulting his friends, accepted the position. Mr. Fergusson Blair, another Reformer, and avowed supporter of confederation, was oftered and accepted the situation of President of the Council, with the full consent and approbation of his party, went back for re-election, and was tiiumphantly returned. Though it was well understood throughout the country that it was on the question of the negotiations for the renewal of the Reciprocity Treaty with the United States that Mr. Brown's resignation had taken place, and, so far as the facts were supposed to be, his views in that respect approved of; yet no specific statement of the difierence between himself and his late colleagues had been made either on behalf of the Government or himself, ofiScial prudence requiring that pending the negotiations reticence should be observed. The meeting of Parliament was therefore looked forward to with interest when it was known the necessaiy m nisterial explanations must bo given. In the meantime the seat of government had been removed to Ottawa. The public i 1 306 CONFEDERATION. attention was occupied with the Fenian invasion in the spring of 1866. The treaty had been disposed of, and no anxiety was felt on that account. The nev«r elections in New Brunswick had terminated in favour of the confederate party ; the Nova Scotian legislature had passed resolutions authorising their government to act in that direction ; and thus when the Parliament assembled at Ottawa on the 8th of June, 1866, and for the first time held its sittings " in the magnificent buildings erected in the city chosen by Her Majesty as the seat of government," the assembled repre- sentatives were prepa)-ed to consider dispassionately the reasons which had induced an influential member of the cabinet, and the leader of the liberal section, to abandon his post at the moment when the great object for which he had joined it, and for which he had entered into a coalition contrary to the avowed policy of his political life, was passing tlirough its darkest hour. Immediately upon the opening of the House, the Attorney- General West, the Hon. John A. Macdonald, introduced in lieu of the ordinary fonnal bill to assert the privileges of the House, before going into consideration of the speech from the throne, a bill for the suspension of the Habeas Corpus, and the Attorney- General East, Hon. Geo. E. Cartier, a bill for extending to Lower Canada, the Act then in force in Upper Canada for the trial of hostile marauders. These two measures were passed without opposition, were sent up to the Council, passed there and received the Governor-General's assent the same day. On the re-assembling of the House in the following week, and so soon as the ordinary business had been disposed of, the question of Mr Brown's resignation came up. The mere fact of a particular individual joining or leaving a Government would not as a general rule demand an exhaustive narrative [of the causes which led to it ; but Mr. Brown's position was peculiar — the history of Con- federation would not be complete without his name. His per- sistent assertion of a policy had brought about the dead-lock, which had rendered Constitutional Government almost a mockery in Canada. In 1864 his entering the Government of the day, which he had always peraistently opposed and denounced, to bring about a great constitutional change, had met with the approbation CONFEDERATION. 307 g °^ 1 felt had otian nt to led at Id its hosen repre- Basons ad the loment lich he of his tomey- in lieu House, irone, a ,torney- Lower ial of writhout •eceived ek, and uestion ticular general led to of Con- lia per- ad-lock, nockery he day, to bring bation of both friends and foes, and had extorted from his opponents, the admission, that for a good purpose, he was strong enough to treat with indifference, the charges of inconsistency and change which might have deterred a weaker man — that like Peel he could boldly throw himself upon the nation's judgment, and rise above the trammels of party. When, therefore, he left the sliip, just as she was going into action, every one looked for a good reason for it. The fairest way is to give the explanations as thoy were made in Parliament by the parties themselves. In the Legislative Council, the Hon. Sir N. F. Belleau on rising to give the Ministerial explanations touching the resigna- tion of the late President of the Council in the autumn previous, observed : . . " It was generally known all over the country that Mr. Brown resigned upon a question regarding the renewal of the Reciprocity Treaty with the United States. The best way to make kr iwn to the House the policy of the Government on the subject at the time, was to read the minute in Council on which that gentleman had resigned. It was as follows : Copy of a Report of a Comniittee of the Executive Council, ap- proved by His Excellency the Administrator of tJie Govern- ment, on the 22nd December, 1865. The committee have had under considei'ation the memoiundum dated 18th December, 18G.5, from the honourable the Minister of Finance, submitting for the consideration of your Excellency in Council, that it appears from the report to Congress, of the Secretary of the Treasury of the United States, as well as from the information obtained by him, the Minister of Finance, in recent conversations had at Washington with the Secretary of State and the Secretary of the Treasury of the United States, that the American Government are not disposed to submit to Congress any proposal for the renewal of the Reciprocity Treaty, but con- sider that the commercial relations between the United States and the British North American Provinces should form the sub- ject of concerted legislation. 11 V:,: 308 CONFEDERATION. That under these circumstances he submits that inasmuch as the treaty will expire on the 17th of March next, there is no reasonable probability that the Congress of the United States Aurill, before that date, decide in any way upon their policy in this respect, whUe it is manifest that no corresponding legislation could possibly take place in each of the British Provinces ; that it is therefore evident that unless some understanding be anived at with the American Government, for a temporary continuance of existing arrangements, the trade between the two countries must be subject to serious disturbance, by the expiry of the treaty on the 17th March. That the proposal of the Secretary of the Treasury to substitute legislation in lieu of the treaty, can only apply to those portions of the treaty which refer to commercial subjects. That the national rights involved in the engagements relative to the fisheries, and to the navigation of the great lakes, and the St. Lawrence, cannot, he believed, be dealt with otherwise than by treaty or convention between Great Britain and the United States. That the subjects embraced in the Reciprocity Treaty are two- fold. That those relating to trade and commerce can, if it be so determined, be reserved for the action of the respective Legis- latures, each country pursuing the policy that is most in accord- ance with its own interests, while those relating to International engagements must either be continued by treaty or each nation will revert to its position prior to the execution of the Reciprocity Treaty. That as the latter class of subjects has not been referred to by the Secretary of the Treasury, it is possible it has not received full attention in the decision that would appear to have been arrived at for the abrogation of the treaty, as it can scarcely be supposed that the United States desire to reproduce that state of things which was happily put an end to by the execution of the treaty. That the concessions which were considered to be made by Great Britain in relation to the fisheries question were, however, so intimately blended with the commercial advantages alleged to have been granted by the United States, that it does not, at this CONFEDERATION. 309 to by eceived [e been tcely be Istate of of the lade by lowover, leged to at this moment, appeal* possible to consent to the concessions by Great Britain being continued and made permanent in favour of the United States by a new treaty, while the latter country de- termines to retain within its own control, all the subjects by which equivalents were considered to have been given to the British Provinces. That if the objections by the United States to a renewal of the commercial treaty rest upon its being an unconstitutional act on their part, it no longer becomes a subject of discussion, and some other course must be devised for the division of the subject, deal- ing with national rights by treaty, and with commercial relations by legislation. And he offers as his opinion that no insuperable difficulty need be apprehended in this course, if the subject be approached in a spii'it of mutual desire to perfect and to pei-petuate the friendly intercourse and t between the two countries ; but that it is manifestly impracticable, within the time limited for the termination of the treaty, to give the required consideration to the subject, and to settle all the various details connected with it ; and that it is therefore very much to be apprehended that the whole engagements of the treaty will end on the 17th March, unless the Government of the United States acquiesce in their temporary continuance with a view to negotiations. But in case it should be ultimately found necessary to deal with the question of trade by legislation, it must be apparent to the United States Government that extreme difficulty must be experienced in bringing into har- mony the views of so many different legislatures, and much time will be required for the purpose. That in view, therefore, of the proposed confederation of the British North American Provinces probably taking place at an early day, it would appear more desir- able to defer, if possible, any legislative arrangements with the United States to the Legislature of the Confederated Provinces, especially as the earliest duty of that body will be to revise and assimilate the existing separate systems of finance and trade now existing in each ; thus affording the most favourable opportunity for the consideration of any proposals of the American Govern- ment relating to trade and revenue. 310 CONFEDERATION. He, the Minister of Finance, therefore recommends that com- munication be had with Her Majesty's representtitive at Wash- ington, for the purpose of submitting to the Government of the United States a proposal for the continuance of the existing treaty for such period as may be agreed upon, for the purpose of negotiation, and that two members of the Council be instructed to put themselves in communication with His Excellency and (subject to his concurrence), with the authorities at Washington on the subject. The Minister of Finance further recommends that the action proposed to be taken for the puipose of obtaining delay in the abix)gation of the treaty be communicated by your Excellency to the Lieutenant-Governors of the Maritime Provinces, and that they be requested to inform their respective governments that it is not the intention of the Canadian Government to depart from the course proposed by the Confederate Council on Commercial Treaties, or act in any manner separately or distinctly from the other Provinces, in the ultimate discussion and decision of the various questions involved ; but solely in view of the vast interests in Canada affected by the possible termination of the treaty, to use every exertion, in the meantime, to obtain delay, with the intention hereafter of considering, in connection with the sister Provinces, any suggestions that may be made on the part of the United States, in relation to the future commercial intercourse between the two countries, and that the Maritime Provinces be invited to send representatives to Washington for the same pur- lK)se, and be informed that it is proposed to hold a meeting of the Confederate Council on Commercial Treaties at Ottawa, as soon as the position of that question would warrant it, founded upon the information to be received from Washington as to the probable extension or final abrogation of the Reciprocity Treaty. (Certified.) W. H. Lee, C. E. C. At this stage Mr. Brown, after a long and earnest discussion, said he could not concur in the policy indicated, and if the Council adopted it he would be obliged to take other steps. The question, however, was put and unanimously carried, the Provincial Secre- tary alone being absent. Upon the declaration tliat it was passed CONFEDERATION. 311 Mr. Brown rose and said he would not sign it, and would resign^ Before giving his resignation that honourable gentleman had stated, however, that he woidd support the policy of confederation, and, as far as possible, the general measures of the Government. These were the sensible facts, and it was now for the country to judge them. ^ On Friday, June the 15th, 186G, in the House of Assembly, the Speaker took the chair at the usual hour. After the ordinary routine business had been disposed of, on the order of the day being called, the Hon. John A. Macdonald rose and said : ission, louncil lestion, J Secre- Ipassed '* In accordance with the promise made yesterday, he would give explanations regarding the changes which liad been made in the Administration since last session. The explanations, so far as the Government are concerned, would be short, siniple, and occupy tlu^ attention of the House but a very brief period. It was known the honourable member for South Oxford had retired from the position of President of the Council, and had been succeeded by the Ho.i. Fergusson Blab-. It was also known, from public rumoin-, which in this case, contrary to general rule, was correct, that the member for South Oxford had retired from the Government in consequence of a difference of opinion with the majority of the Executive Council on the subject of the best mode of continuing negotiations for the renewal of the Reciprocity Treaty with the United States. The majority of the Council, after long and serious discussion, and full consideration of the whole question, came to a cei-tain conclusion as to the best policy to pursue under the cix'cumstances, and the honourable gentleman who had resigned would not assume the responsibility of adopting that policy. The subject in question had occupied the attention of the whole country for a considerable time — indeed ever since the honourable gentle- man entered the Coalition Cabinet it engaged continually the attention of the Government. In December last the members of the Government (who were all here except the Provincial Secre- tary, then absent on a commercial mission) came to a conclusion upon the best mode of conducting negotiations with the United 39 312 CONFEDERATION. States for the renewal of the old Treaty, or for securing by some other arrangement the advantages which flowed to the Province and to the United States from the Treaty of 1854. The Govern- ment exceedingly regretted that he could not conscientiously assent to that policy, as in accordance with his view of what was right, and, yielding his opinion to that of the rest of his colleagues, remain in the Council. However, he, like every political man, was the only judge of what was the proper course to pursue ; and, while he was subjected to a degree of pressure by his colleagues to withdraw his resignation and yield his opinion, he could not bring himself conscientiously to do so, and said that the only thing that remained was for the Administrator of the Govern- ment to accej)t his resignation, and for the vacant place to be filled up by another. The House knew the honoui-able member for South Oxford did not hold an ordinary position in the Govern- ment as Minister of the Crown. He was not only a Minister holding office like the rest of his colleagues, but he was the repre- sentative of a great party, and the leader of the three gentlemen who, at the time of the coalition, went into the Government for the purpose of efiecting the great object which now, he was happy to say, was so nearly accomplished ; and it was an additional source of regret that the honourable gentleman was not now in the Government, as a minister of the Crown, to witness the success of that project, for which he had sacrificed so much, and worked so earnestly and patriotically. He had, however, pursued the only course that was open to him as a statesman — to resign when he found he could not honestly and conscientiously approve of the course which the Government had made up its mind to follow. Having done so, he (Hon. John A. Macdonald), on behalf of his colleagues, and with the approbation of His Excellency the Admin- istrator of the Government, invited the Postmaster-General, then the head of the Liberal section of the Government, from Upper Canada, to assume the task of filling up the vacancy, and that gentleman replied that he could not give an answer without an opportunity of considering the matter and consulting his friends. He (Mr. Macdonald) could not do better than read to the House a report made by that hon. gentleman on the subject, as follows : — CONFEDERATION, 313 aow in success worked lB only hen he of the follow, of his dmin- tl, then Upper ,d that tout an Tiends. ;ou8e a »W8 :— * Mr. Howland reported to the Council, that by the resignation of Mr. Brown, he was placed in a position in whieli he felt that great responsibility rested upon him ; and that before coming to a decision as to whether he should continue in the Government, he felt it to be his duty to consult and obtain the advice of those members of both branches of the Legislature who belonged to the Reform party. Pending this, he would decline to take any part in the proceedings of the Council. He therefore asked the consent of the Council to the step he proposed.* This consent was accorded, and a letter was at the same time placed in Mr. Rowland's hands, which read as follows : Executive Council Office, Ottawa, Dec. 20th, 1866. My dear Howland, — I have only time, before you leave, to say to you that the policy of the Coalition Government will in no respect be changed by the resignation of G. Brown ; that all the conditions entered into at the time of the formation of the Coali- tion Government will be fully carried out ; that I ask you to take Mr. Brown's position in the Government, and that you have carte blanche in the choice of a gentleman of your party to fill the vacant seat in the Council. In haste, yours sincerely, Jno. a. Macdonald. To Hon. W. P. Howland. ' . i ^ ' .< . ; . . P.S. — When I speak of the conditions on which the Coalition Government was formed, I of course refer to original arrangements under Sir E. P. Tache, and to continuations of them when Sir N. F. Belleau became Premier. J. A. M. Mr. Howland, continued Mr. Macdonald, after seeing his friends, consented to remain in the Government, and, as he had said before, the Hon. Mr. Blair had accepted the office of President of the Council, with the consent and approbation of his party. These, so far as Government was concerned, were all the explanations they had to offer. The papera on the subject would be submitted to the House." 21 it: ;il'''' ■1*% 314 CONFEDERATION. Hon. George Brown — " Before proceeding to enter into explana- tions on the subject of his retirement from the Government, desired it to be distinctly \indei'stood that his resignation was entirely on account of the course which had been ])ursiicd on the question of the renewal of the Keciprocity Ti-eaty. He was bound to admit that no slight cause would justify him in leaving the Government before the great question of Confederation, for the carrying of which he had taken office, had not been finally disposed of. At the same time, he thought that Confederation had even then reached that point where no danger of its failure, need have been apprehended. He had entered the Government with very great reluctance and would have preferred, as he had stated at the time, to have remained on his own side of the House and sustained the gentlemen opposite in maturing the great question and carrying it to a successful issue. He thought still that it would have been the proper course for himself and his friends to have sustained the Government from their own side of the House, than to have joined in the Government, and he was still prepared to give the Government his hearty and cordial support in carrying out that measure. With regard to the occasion of his leaving the Government, the policy on the Reciprocity question the matter in connection with it which led to his resignation, was the negotiations of Canada with the United States. It 'was in the course pursued by the Hon. Finance Minister, that he had found his reasons for the coui-se he had taken. He was glad, however, that the policy on which he had resigned had not been carried o;it, and thought his resignation had done some good in preventing that policy from bearing fruit. The honourable gentleman opposite knowing he (Mr. B.) was present, had not thought fit to give his view of the case, and he begged to state before entering upon it, that he had left the Government in perfect friendship and without any difference or disagreement upon any other question than that of Reciprocity. As the Attorney-General had stated that question was before the Cabinet from the time of the formation of the Coalition Govern- ment, and on the 15th July, 1865, feeling it necessary that the Government should know what were the views of the United CONFEDERATION. 315 for States Government that ministers might come down and meet the House with a statement of policy, it wjus proposed to send a deputation to Washington. A long discussion took place u})ou this i)oint. The Council did not agi'ec upon it, but on applying for the document it could not be found. A deputation was sent to Washington to ascertain the views of the American Govern- ment. We were satisfied with the treaty ; they were not, there- fore they should make a proposition to us and not us to them as a basis for renewal of negotiations. The result of that mission was that the American Government desired some arrangement with regard to cei'tain articles in which a great deal of smuggling was carried on from this country to the United States, and he was l)erfectly satisfied to enter into an arrangement of this kind from first to last. During the last session of Parliament on discussion on the enlargemant of the canals, the honourable Minister of Finance had made some remarks which he supposed members would recollect, and which he did not hesitate to say conveyed an idea of the policy o*I the Goveniment. (Mr. B. then read from Mr. Gait's speech showing that enlargement of canals would only be wise policy for Oanada as an inducement to Americans to renew the treaty, &c.) The Ministry last year had suggested to the Imperial Government the propriety of consulting the British American Colonies in any negotiations that might take place for a renewal of the treaty. The British Government had agreetl, and appointed the Inter-Colonial Coxmcil of Trade. The Canadian Ministers who were members of that Council were the Hon. Attorney-Generals East and West, Hon. A. T. Gait and himself (Mr. B.) He held in his hand the resolutions which had beer* agreed upon ^t that Council, after a full discussion, which it was proper he should read. Mr. Brown read resolutions to the effect that the Colonies were satisfied with the present treaty, but willing to enter upon a new one upon any reasonable basis ; that in any new treaty the coasting trade should be included ; and in case of the failure to negotiate before the 17th March, then the Imperial Government should be appealed to, to get a renewal of the then existing treaty for a brief period, to enable negotiations to be carried to r successful issue. These resolutions were agreed to on ■ '1 ^■■1 31G CONFEDERATION. II tlie 1 7th September last. Sliortly after that time the departments were removed to Ottawa, the cabinet meetings were held in Mon- treal, 80 that, properly speaking, the Government had no abiding place. On the 17th November he had gone to the Lower Pro- vinces on a mission connected with our trade relations, and shortly after his return to Toronto he had been surprised to see in the American j)apers a statement that Messrs. Gait and Howland, who had been sent on a mission to New York to confer with the Internal Revenue Commissioners, were negotiating with the Com- mittee of Ways and Means in Washington. He thought there surely must have been some mistake, as no autliority had been given our delegation to make any propositions, and he feared that this step would have a most dangerous effect on the Lower Pro- vinces, and even be tleti-imental to the prospects of confederation, as indicating that Canada desired to act without consulting the other governments equally concerned. It was desirable to know exactly what had taken jilace, and though he had no doubt his honourable friend had acted in the best of faith, still from the course pursued, had it not been for the gi"eat question of confede- ration, he (Mr. B.) would not have stayed in the Government one hour. Mr. B. then read the following memorandum : *' When the Council met at Ottawa on the 13th December Mr. Gait gave a full narrative of his proceedings in the United States, but did not submit it to writing. I asked him to do so, but he thought it unnecessary, which I think is to be regretted, He stated that he met the Commissioners at New York, and arranged with them that they should report to their Government in favour of a renewal of the Reciprocity Ti-eaty, and of a year's extension of the existing treaty, to enable a new one to be arranged by the Commissioners. He also stated that he had agreed with them for the assimilation of duties during the year, so as to prevent, or at least render unprofitable, smiiggling on the border. Mr. Gait then went on to say that after seeing the Commissioners at New York, he proceeded to Washington, where he saw Mr. Seward and Mr. McCulloch. He said both were very friendly, and depre- cated any interruption to our commerce; but that Mr. Seward declared no new treaty could be made, and that only reciprocal CONFEDERATION. 317 neiits Mon- )iding ■ Pro- hortly in the wlawl, ith the e Coiu- t there bd been •ed. that er Pvo- leration, ting the to know touht his from the confede- vei-nment nber Mr. ,ed States, o, but he :ted, He arranged in favour extension ;ed by the them for ent, or at Mr. Oalt ?.,rs at New r. Seward and depre- ;r. Seward reciprocal legislation could be assented to. Mr. Clalt said he combattod this proposal, and shewed tlie difficulty of getting all the Pro- vinces to consent to reciprocal legislation, to which Mr. Sewanl replied that he did not cai-e about the Lower Provinces, it was an an-angement with Canada he wanted. Mr. Gait said he urged that the fishery question could not be an-anged oxcot b by treaty, to which Mr. Seward replied that he did ilot ca-^ about the fisheries, and also that that coidd be separately arra.iged. The result was that Mr, Gait proceeded to discuss with Mr. Seward and Mr. McCuUoch (separately, I understood) the arrangements possible uneen satisfied, but as only one was withdrawn and the other being substantially the same, he could not consent to undertake the responsibility involved in agreeing to substitute recii)i-ocal legislation for the provisions of a treaty. The Secretary of the Treasury had more than a week to prepare his report, after his conference with our Finance Minister, and even in that report the objection of the treaty being iuiconstit\itional, was not so decidedly put as in Mr. Gait's report. The Secretary only said there were gi*ave doubts whether such treaties were not uncon- stitutional, as infringing the rights of Co::^'ress t't legislate on all matters of commerce, and he (Mr. B.) was '• ;i]>r:d ^ ''hat his honoxirable friend should have fallen in with such an absurd proposition. It was a mere delusion to suppose that there could have been any constitutional objectioji to the treaty, because the United States had made twenty treaties of a similar import since the one of 1854. Having fully considered this matter, and having viewed it in the light of an improper concession to the United Stiites, being of opinion that the Minister of Finance was not authorised to proceed to Washington, and offer terms on CONFEDERATION. 321 behalf of Canada, aiid believing ih&t reciprocal legislation would be no rightful substitute for the treaty, he had come to the conclusion that it was his duty to resign his position in the Government. Having decided upon this step, he then considered how he should cany it out. There were two ways, one to place his resignation at once in the hands of the leader of the Govern- ment, the other to wait upon the adniiuistmtor of the Govern- ment. He, considering the peculiar circumstances under which lie had entered the Government, considered it his duty to adopt the latter course, and lest thei-e should have been any ai)pearance of discourtesy to his friend at the head of the Government, he at once sent his resignation to the Premier. His Excellency the administrator had received him with great kindness, indeed he would never forget the consideration extended him on that occasion. After explaining the whole matter, the administrator said, ' Then, Mr. Brown, I am called ujion to decide between your policy and that of the other members of the Government.' He (Mr. B.) replied, ' Yes, sir, and if I am allowed to give advice in the matter, I should say that the Government ought to be sus- tained, though the decision is against myself. I consider the great question of confederation as of far gi-eater conse(pience to this country than reciprocity negotiations. My resignation may aid in preventing their policy on the reciprocity (^uestio.! from being carried out, or at least call forth a full expression of public opinion on the subject, and tho Government should be sustained if wrong in this for the sake of confederation.' Mr. Brown continued that he was as much in favour of a renewal of the reciprocity treaty as any other member of the House, but he wanted a fair treaty ; and they should not overlook the fact, while admitting its benefits, that the treaty was attended with some disatlvantages to us. He contended that we should not have gone to Washington as suitors for any terms they were pleased to give us. We were satisfied with the . treaty, and the American Government should have come to us with a proposition since they, not we, desired a change. There was something in building up a great country besides mere commercial advantages, and he did not desire that by a system of reciprocal legislation Canada should be bound to sail in the wake of Washington. 322 COXFEDERATION. Hon. Mr. Gait, after complimenting Mr. Brown on the temper of his explanations, said that he, too, would endeavour to refrain from the use of any word which could provoke acrimonious discus- sion. He would have been glad if there had been no necessity for him to add a single word to the explanations of Mr. Macdonald, but Mr. Brown had represented him (Mr. Gait) as acting without authority in his first visit to Washington. The fact was that Mr. Brown had left, after some pi-eliminary discussion, for the Lower Provinces ; and on subsequent days, in cottncil, he had received the sanction of all his colleagues to the course adopted, and had been aiithoiized, at the same time, to proceed to Washington to lay papers respecting the threatened Fenian invasion before Sir F. Bruce. In his interviews there with the Secretaries of State and Treasiiry he had not presumed to speak as authorized by the Canadian Government to propose any definite line of policy. He had only endeavoured to ascertain what was the practicable method of obtaining the advantages of continued commercial intercotirse. He would not follow the honourable member in the discussion of of the policy actually adopted and pursued by the Government ; th.at would probably be brought iip by itself apart from mere per- sonal issue ; but for himself he would only say that in the course taken he and his colleagues had sincerelv at heart a desire to secure for the people of Canada the benefits derivable from unfettered commercial intercoiirse with the United States. In respect of the proposal to proceed by legislation, mutually agi-eed upon, instead of by treaty, there was a good deal to be said in its favoiu*. A treaty must have been negotiated for a term of years ; and to settle the basis of a treaty now in 18G6, with the burthens of a recent war pressing on the United States government, and pre- venting them from acting with liberalitj'-, and agreeing that it should continue in force xmtil 187G, woiild be a most disadvan- tageous manner of proceeding. Legislation on the subject would be as much under our control as under that of the Congi-ess of the United States. We could change oiirs at any time as well as they, adapting on both sides' year by year to changing circum- stances, till the United States again found themselves in a position to grant as liberal terms as in 1854. In I'egard, therefore, to this CONFEDERATION. 323 basis they had not saci'ificed or offered to saciifice any of the in- terests or independence of Canada ; and jus for looking to Wash- ington, or subjecting the countiy to Washington infliiencps, if his colleagues or himself could have been weak oi- base enough to entertain any sxich designs as hinted at, the coixntry had in the last few weeks shown unmistakably what their will was in this regard. The people had spoken in a manner no Ministry could misunderstand or venture to disregai-d. One more matter of a pei*sonal nature : the honourable gentleman had complained that he had not been furnished with the meinorandxim submitted by him. Now, that had been rejected at the instance of the honour- able member himself He (Mr. Gait) withdrew it, and it ceased to be a public document. It did not belong to the Exectitive Council, but to him (Mr. Gait). Yet, lest it might be thought there was anything in it which he had an interest to conceal from the Council, he would himself read it to the House : - ' The Minister of Finance has the honour to siibmit for the con sideration of his colleagues in the Government, that tlie approach of the period when, under the notice given, the lleciprocity Treaty will expire, renders it necessary to consider the steps necessary to be taken to procure such an extension of the notice from the Government of the United States, as will aflbrd time for fnllv considering and arranging the best mode for establishing perma- nent regulations for the trade, navigation and intei'course between the United States and Canada, under the circumstances, and with the view of defining the general limits of the discussion of the (juestion of reciprocity with the American authorities. It appears necessary to decide upon the principles by which the Canadian Government would be guided, in case it shoiild become necessary to proceed by concerted legislation. The Minister of Finance, therefore, respectfully recommends that the following points be now settled Jis expressing the views of the Administration in regard to the commercial relations of Canada with the United States ; and in the event of the Government of the United States declining to make a treaty of commerce with Great Britain as regards Canada and the other British North American Provinces, 324 CONFEDERATION. :0 ■31 the Canadian Government are willing to endeavour to eflfect such «,ri-angements by concerted legislation as will establish such regu- lations as it may agree upon to adopt. 1st. Canada would be willing to agree to the reciprocal inter- change of the natural productions, shipping and manufactures of both countries, provided she were not requu'ed, in any case, to impose differential duties in favour of the United States. 2nd. Canada would be willing to place the navigation of the great lakes and the St. Lawrence on a footing of perfect equality, and hereafter to consider the best mode of perfecting the canals, so as to afford the greatest possible facilities to the trade of the west. If practicable, the coasting trade of the two countries should be made reciprocal, and the regulations for the transit trade made permanent and satisfactory. 3rd. With the view of preventing illicit trade, Canada would be willing to agree upon the assimilation of the excise duties upon spirits, beer and tobacco, and of the customs duties upon the same and cognate articles. She would also willingly consider any sug- gestion, by the United States, for the extension of such assi- milation to other articles, provided the settlement of the whole commercial relations between the :wo countries be made upon the l)rinciple of perfect reciprocity, and the greater freedom afforded to the citizens of both countries to purchase and sell in the mar- kets they may prefer. 4th. Canada may state that the Maritime Provinces are prepared to unite with her in the discussion of all the subjects arising out of the abrogation of the Reciprocity Treaty, and she therefore desii'es that the negotiations should be carried on .with Commis- sioners appointed to represent the several Provinces. But as such negotiations could not jjossibly be completed before the 17th March Canada suggests that the notice for the abrogation of the Treaty be withdrawn, pending negotiations, reserving, however, to both countries the right of imposing customs duties upon any or all of the articles enumerated in the 4th section of the treaty, pro- vided the same do not exceed the duties now levied by the Internal Revenue Act of the United States ; or, if necessary, Canada would accept a declaration from the United States, that they will not CONFEDERATION. 325 L'epared J out lerefoi'e ommis- as such March Treaty to both 31' all of ty, pro- nternal a would Iwill not act upon the notice given for the abrogation of the treaty, further than to impose such duties as aforesaid upon the productions of British North America, and will not consider such duties as incon- sistent with the reciprocity provided by the treaty, which shall in all other respects be held to be in force. 5th. If no other course can be taken for obtaining an extension of the treaty, the Canadian Government are prepared to recom- mend, at the next session of Parliament, the enactment of such measures as may, meantime, be agreed upon with the American Government, provided the legislation of both countries be made concurrent and reciprocal. (Signed) A. T. Galt, Minister of Finance.' *' Hon. Mr. Howland said, on Mr. Brown's resignation, he felt placed in a position of peculiar difficulty. Had he consulted his own feelings he would have followed the leader of his party out of Government. But he was convinced that he (Mr. Brown) was wrong and his colleagues right in the course taken. Under these cu;cumstances, seeing that coalition had been formed to effect a certain gi-eat object, and that great object might be endangered if coalition were altogether dissolved, he had to call his political friends together at Guelph, and afterwards at his own house in Toronto, and they decided he ought to remain in. In the fii-st instance, he was authorised to offer a seat in the Cabinet to Mr. McKenzie, who, after consultation with Mr. Brown, declined. This place was then offered to Mr. Ferguson Blair, who accepted. Tliis was all he had to say, for he felt it inexpedient to discuss apropos of these personal explanations — the policy of the Govern- ment respecting reciprocity." • No further explanations were made, nor was any action after- wards taken upon the subject. On an examination of Mr. Brown's speech, we find the reason assigned for his resignation was the policy suggested by Mr. Gait, with reference to the negotiations, and the adoption of that policy by the Government. That policy, according to Mr. Brown's statement, was embraced in two draft minutes by Mr. Gait, one :!*i 326 CONFEDERATION. of tlieni, he says, he could not get. It was, however, subsequent- ly in the debate produced by Mr. Gait, and for the sake of elucidation may here bo called No. 1. The other wjis pi'oduced by Sir N. F. Belleau, in the Legislative Coiuicil, and for the same reason may here be called No. 2. No. 1 was abandoned by consent and withdrawn. No. 2, Mr. Gait afterwards pi-oposed, should be adopted, and on an objection made by Mr. Brown, a clause suggested by him was added. Mr. Brown then says : " Had both minutes been withdrawn he would have been satisfied, but as only one was withdi-awn and the other being substantially the same, he could not consent to take the res2)onsibility involved in agreeing to substitute recipro- cal legislation for the provisions of a treaty." First, then — Were the two substantially the same I Secondly — Was any proposition to substitute legislation for treaty adopted by the Government 1 ' In No. 1, Mr. Gait suggested for the consideration of his colleagues certain points as guides in case a treaty could not be obtained, and concerted legislation became necessary. 1st. A reciprocal interchange of the natural productions, ship- ping and manufactures of both countries, provided Canada was in no case requii'ed to impose differential duties in favour of the United States. 2nd. To place the navigation of the great lakes and the St. Lawrence on a footing of perfect equality and afterwards to consider the best mode of perfecting the canals. The coasting trade to be made reciprocal, and the negotiations for the transit trade permanent and satisfactory. 3i'd. An assimilation of Excise duty on certain named articles, and a readiness to consider the extension of such assimilation to other articles provided it was on a reciprocal footing. « < 4th. That Commissioners from the other Provinces should be included in the negotiations and that the notice for the termina- tion of the ti*eaty be withdrawn, pending negotiations reserving the right to each country of imposing duties on the articles in the free list, &c. CONFEDERATION. 327 for le St. ds to )asting ransit in the In minute No. 2, after pointing out that certain rights must be the subject of treaty, and othei-s »my be the subject of concerted legislation and that if the United States Government adhered to their position, viz. : " that such a ti'eaty on their part was con- stit\itional," there was not time to consider the question before the 17th March, and that in view of the proposed Cor. federation of the Provinces, it would be better to defer any legislation, assuming it was necessary. He recommended 1st. A proposal for the continuance of the existing treaty for an agreed period for the pui'i)Ose of negotiation and that two members of Council be sent to Washington therefor. 2nd. That the proposed steps be communicated to the Govern- ments of the Mai-itime Provinces ; and that they be informed that it was not the intention of the Canadian Government to depart from the course proposed by the Confederate Council on Commer- cial Treaties, but, solely in view of the vast interests in Canada that would be afFecte J by the treaty, to obtain delay, with the intention of considering with the sister Provinces any siiggestions made by the United States ; and that the Maritime Provinces be requested to send representatives to Washington ; and that a meeting of the Confederate Council on Commercial Treaties should be held at Ottawa as soon as cu'cumstances would wari-ant, founded upon the information to be received from Washington as to the probable extension or final abrogation of the treaty. Throughout No. 1, the adoption of concerted legislation was only a dernier resort, and in no case does Mr. Gait propose to substitute it in place of a treaty, if a treaty could be obtained ; but if no treaty could be obtained, then he names certain points to be considered. But that minute was never adopted by the Govern- ment, and was, by consent of Mr. Brown and Mr. Gait, withdrawn. In No. 2, while the possibility of having ultimately to deal with the question by concerted legislation is referred to, the substantive, proposition is to obtain an extension of time for the puipose of considering with the sister* Provinces any suggestion made by the United States ; and the reiteration is clearly made, of the deter- mination of the Canadian Government "not to depart from the course proposed by the Confederate Council on Commercial 328 .sFEDERATION. Treaties;" which < .6, Mr. Brown states, had been agi'eed upon by the Council when he was a member, and to which ho was a party, and which, it must be remembered, contemplated nothing but a ti-eaty. Thus the two minutes are not substantially the same. In Sir F. N. Belleau's explanation, in the Legislative Council, he states, " A discussion took place on this minute (No. 2), and it was the contemplated adoption of this minute, to which Mr. Brown objected, and announced his determination of resigning, and on its adoption did resign." While, therefore, Mr. Brown was right in his abstract i)roposi- tion, that legislation for such a purpose was not as good as a treaty, he was wrong it is considered in its application at that time, because it was not proposed. The minute of Council which was proposed to be adopted, and which would be the guide to the instructions the Government would give the delegates, would not authorize them to agree to legislation. They were to obtain a renewal, or an extension of time. If they could not, and legis- lation only was offered, it would be very proper to see on what terms it was proposed to base siich legislation — proper, both in the interests of a renewal of friendly intercourse, and of eventuating if possible in some arrangement that could be adopted, or in ascer- taining the terms which might form the basis of a treaty, if one could ultimately be obtained, and to report the same accordingly. Indeed Mr. Brown himself said, — *' If you fail, after every exertion has been made to restore the proposal for a Treaty, then before breaking off all negotiations, ascertain the conditions proposed, for the purpose of seeing whether all the present advantages of our position should be sacrificed for a boon dependent from day to day on American whim." And that was exactly the plan the nego- tiations assumed at Washington. When the delegates found the authorities would not hear of a treaty, they submitted a basis for the desired arrangements. In reply, the committee of ways and means submitted theirs. On both sides both propositions were rejected, and the delegates reported accordingly. Had they ven- tured to transcend their instnictions, Mr. Brown's position in the Cabinet would have been more influential to prevent the wi'ong CONFEDERATION. 329 I upon was a otliing ily the loxxncil, , and it Brown II on its proposi- od as a lat time, lich was e to tlie o\ild not obtain a ,nd legis- oii wliat (til in the mtuating in ascer- ,y, if one lordingly. exertion sn before .osed, for res of our [ay to day :he nego- ■ound the basis for [ways and Lons were :hey ven- Lon in the ;he wi'ong the Countiy would have sustained, than leaving it at the time he did. Throughout the whole official con'espondence, or the public records, nothing can be found to justify the assertion that legis- lation in lieu of a treaty was to be accepted. The time for sub- mitting that proposition had not come, and never did come. No other explanations on the subject were made in Parliament, and the conclusion is irresistible, that the reason assigned for the resignation was not the reason which existed. Mr. Brown's resignation at such a time, when confederation was about to be put upon its trial, and when the great measure in which he had taken so prominent a part, required the aid of all the talents and patriotism and, if necessary, self-abnegation of the leading men in the country, cannot, it is conceived, be justified. He himself had said, " that the appearance of disunion in the Government would be injurious to the cause of confederation." Either he ought not to have joined the Government, or he ought not to have left it at that time. The people sustained him in the first, they condemned him in the latter. The reason he gave no one accepted as the real reason, and his opponents did not hesitate to say that he left the Government because he was not permitted to be its master, and that jealousy of its other leading men was the true cause. Whether it was so or not, unfortunately — becaxise it is a mis- fortune, when a political man of high standing affords even plausible grounds for the public to attribute his conduct, in the discharge of public duties, to other than public considerations, still more so when that conduct precludes even his friends from justifying the position he has taken — Mr. Brown's subsequent conduct gave too much reason for the charge. His endeavour from that time to revive the old internecine quari'els, that had existed previous to the coalition ; to renew the charges of corrup- tion against his old opponents, which, if tiiie, he at any rate had condoned, by going into the Government with them ; his attacks upon his own colleagues of the Reform party, who had joined him in the effort for conciliation, because they would not follow him in his flight ; his unceasing attempts to blacken the personal character of the men, who but just previously had been his col- leagues, aaid joint sworn advisers of the Crown ; his efforts to sow 22 : t 330 CONFEDERATION. disunion among the friends of confederation, and divide its sup- porters into old party lines at the very moment it needed the gi'eatest consideration, and the most united action ; his jeopar- dising a great national question, in which not only the interests of Canada but of all British America were involved, to gratify personal or political animosity brought, as they usually do, their own punishment. In one year the work of his suicide was accomplished. At the elections for the Dominion Parliament in 1867 throughout the vast Province of Ontario, in which he had been wont to be a moving power, no constituency returned him, though a candidate, to that fii'st Parliament of the confederation, in which it had been expected he would play so conspicuous a part. The people pronounced him to be an impracticable man, who allowed his temper to over-ride his judgment. A powerful debater, an experienced politician, of indomitable energy, in many respects, but for one weakness, great, he passed away from the sphere of a statesman, and destroyed a power which, wielded with moderation, might have been of incalculable service to his country. A more painful episode never occurred in political life. Requiescat in pace. c^'y X^* Q iv"^r,V'i ^ i'^':*-.iiii.; «:-i :~,-r ■■■-.:-■.: S.^ ' [331] CHAPTER X. Deputation to England — Defence — Imperial policy on Confederation after defeat in New Brunswick — The West Indian and Brazilian Commis- sion — Instructions — Report — Imperial Despatches — Relaxation of the rule with reference to the Inter-Provincial Trade as to British North America — Constitutional question — Gait — Macdougall — Difficulty of dealing with the West Indies — Gait on Colonial Taxation— Action of the Imperial Government — Negotiations in 1862 with France — Remon- strance — Removal of Baron Boilleau — Importance of Trade question — Necessity of concession to Canada by the Imperial Government to make exceptional reciprocal arrangements with South America, and with all the British Colonies wherever situate — Changed position of Canada — Increased responsibilities necessitate increased powers — A.D. 1865. In order that the narrative might be unbroken on subjects of importance, it has been necessary occasionally to omit reference to concurrent cii'cumstances that wore equally bearing on Con- federation. It has been already mentioned that at the close of the session in 1865 a deputation of the Canadian Ministers had been sent to England to confer with the Imperial Government on the questions then agitating the country. The position was at this time critical. The American civil war had virtually closed ; but the irritation engendered towards Canada and Great Britain during its progress continued. The American Government still enforced the Passport system, and had given notice to the British Government both for the termination of the Reciprocity Treaty, and of the Convention restricting the naval armament on the lakes. The proposal for Confederation, which it was urged would tend to consolidate and strengthen the Provinces for the purposes ■ of defence had been rejected in New Brunswick on an appeal to the people, in the spring of 1865, and its advocates signally defeated. The whole line of frontier from Windsor in Upper Canada to St. Andrew's, in New Bininswick, was threatened with invasion by lawless Fenian marauders. The rapid disband- ment of the American army was casting loose a body of reckless adventurers whose desire was plunder, and whose consequent 332 CONFEDERATION. I '1 object was to embroil tlie two countries. Even the well regulated classes of the American citizens wore callous or indifferent. The abnormal excitement resulting from their long war had not yet subsided, and though they could not exactly approve of the act, they did not regret to see the Canadians or the British Govern- ment worried at the prospect of invasion or International trouble. It was to them a species of inexpensive revenge. All this tended to create a sense of insecurity. The iincoi-tainty was almost worse than tho actual conflict would be. When, therefore, this deputation went to England, the (juestion^ what share the latter was going to take iii defending the country was a serious one. Three important })oints were to be discussed. First. The proposed Confederation, and by what means it could most speedily be effected. Secondly. The arrangements necessary for the defence of Canada in the event of war with the United States, and the extent to which the same should be shared between Great Britain and Canada. Thirdly. The steps to be taken with reference to the Reciprocity Treaty, and the rights conferred by it upon the United States. The Deputation did their duty well. The third point has already been disposed of. Sir Frederick Bruce, Her Majesty's Minister at Washington, was instructed to negotiate for a renewal of the treaty, and act in concert with the Government of Canada. What took place has been stated. On the second point, we learn from the report made by the Deputation to the Governor- General, on their return, in July, 1865, that after much discussion with the Imperial Government, the result arrived at was, " that if the people of Canada under- took the works of defence at and west of Montreal, and agreed to expend, in training their militia, until the union of all the Pro- vinces was determined, a sum not less than is now expanded annually- for that service, Her Majesty's Government would com- plete the fortifications at Quebec, provide the whole armament for all the works, guarantee a loan for the works undertaken by Canada, and, in the event of war, imdertake the defence of every portion of Canada with all the resources of the Empire.!' CONFEDERATION. 333 by the m July, prnment, under- igreed to the Pro- Ixnpn.ded uld com- 'mament baken by lof every The annual expenditure on the militia had been that year raised from $300,000 to $1,000,000; and a report on tlio whole subject of the defence of Canada, with plans and estimates by the highest military and naval authorities, had been asked for, and confiden- tially communicated to the Canadian Ministers, which was calcu- lated to remove nil doubt as to the capability of defending Canada, so long as the people remained attached to the British flag, and the j)ower of England was wielded in their defence. Thus satisfactorily was this matter arranged ; but the necessary legislation of the Imperial and Provincial Parliaments, and the further consideration of the defensive works, was postponed for the action of the Government and Legislature of the p"oposed Confederation ; the Imperial Government stating, however, at the same time, that they should prosecute with despatch the works for ine improvement of the fortifications at Quebec, for which they had obtained a gi-ant, and which had already been commenced. On the third point, Her Majesty's Government gave the assur. ance, that it would urge every legitimate means for securing the early assent of the Maritime Provinces to the union, and also renewed the promise of the Imperial giiai-antee for the construction of the Intercolonial road. It is unnecessary to observe that the idea of coercion towards the Maritime Provinces was not for a moment entertained by any party. The Secretary of State enclosed to the Governor-General a copy of the following despatch, which he hud already transmitted to the Lieutenant-Governor of New Brunswick, as indicative of the policy and wishes of Her Majesty's Government : — Downing Street, 2j^th June, 1865. Sir, — I have the honour to transmit to you the copy of a correspondence between Viscount Monck and myself, on the afiairs of British North America, which have lately formed the subject of conferences between Her Majesty's Government and a Deputa- tion from the Canadian Government. This correspondence having been presented to both Houses of the Imperial Parliament by command of Her Majesty, I have to direct you to communicate it also to the Legislatvire of New Brunswick, at its next meeting. !:':« ^-.'- ^■y 11 m-'-^-- ■l'-': CONPEDL/ ATION. •I You will at the same time express the ..crong and deliberate opinion of Her Majesty's Government, that it is an object much to be desired, that all the British North American Colonies should agree to unite in one Government. In the territorial extent of Canada, and in the maritime and commercial enterprise of the Lower Provinces, Her Majesty's Governir.A'nt see the elements of power, which only require to be co' bined in order to secure for the Province which shall possess them all, a place amongst the most considerable communities of. the world. In the spirit of loyalty to the British Crown, of attachment to British connection, and of love for British institutions, by which all the Provinces are animated alike. Her Majesty's Government recognize the bond by which all may be combined under one Government. Such an union seems to Her Majesty's Government to recommend itself to the Provinces on many grounds of moral and material advantage, as giving a well-founded prospect of impi'oved administration and increased prosperity. But there is one consideration w^hich Her Majesty's Government feel it more especially their duty to press upon the Legislature of New Bi'unswick. Looking to the deter- mination which this country has ever exhibited, to regard the defence of the Colonies as a matter of Imperial concern, the Colo- nies must recognize a right and even acknowledge an obligation incumbent on the home Government to urge with earnestness and just authority the measures which they consider to be most expe- dient on the part of the Colonies with a view to theii* own defence. Nor can it be doubful that the Provinces of British North America are incapable, when separated and divided from each other, of making those just and sufficient preparations for national defence, which would be easily undertaken by a Province uniting in itself all the {.opulation and all the resources of the whole. I am aware tliat this project, so novel as well as so important, has not been at once accepted in New Brunswick with that cordi- ality which has marked its acceptance by the Legislature of Canada; but Her Majesty's Government trust that after a full and careful examination of the subject in all its bearings, the Maritime Pro- vinces will perceive the great advantages which, in the opinion of CONFEDERATION. 335 ler, of lortant, cordi- llaiiada; Icareful le Pro- ion of Her Majesty's (Jovernment, the proposed union is calculated to confer upon them all. ; -.. ' I have, (fee, r <..,., I- ',r, (Signed) Edward Cardwell. To His Excellency the Lieut. Governor of New Brunswick. Plain and simple as this dispatch was, fair and creditable as it seemed to the British Government, the enemies of confederation denounced it in the strongest terms. In every line they saw a covert meaning. It was an instruction that the saleable were to be bought, the obstructive to be removed ; that the British Government wanted confederation for the pui^pose of getting rid of the Provinces, and whatever the means that might be neces- sary they must be adopted. Roman tiuditions were invoked, , — Tarquin and the poppies revived, — and the dispatch itself sar- castically translated : — r , < j . - . , , " Hoc Ithacus velit et magno mercenter Atreidoe." , During the summer the Lieutenant-Governor of New Bruns- wick went to England an anti-confederate. Like good Madeira, mellowed by the voyage, in the autumn he retm-ned a ripened confederate. Dissensions broke out in his council, — new trade revelations were discovered, — a modern Ulysses whispered behind the throne, — and it was gravely said that the back stairs days of George the Third had come again, though responsible Govern- ment had been conceded to the Province. From Nova Scotia Sir Richard Graves Macdonnell, an anti- confederate, was promoted to Hong Kong, and Sir Fenwick Williams of Kara, a gallant soldier, who could hold a fortress, or carry a Province, was sent out to his native land to tell his countrymen that confederation was for their good, — and he did it. The British Government in expressing its wishes in favour of confederation, and in instructing the Lieutenant-Governors, their own Imperial officers, to aid the movement, and afford the people of the country every opportunity of constitutionally expressing their wishes and opinions on the point, acted legitimately, as the confederates contended, and should not in any way be held responsible for the means adopted by local politicians to attain i"^ ' 'i ;■ ■ 336 CONFEDERATION. the same end. The anti-confederates on the contraiy contended, that such influences, however legitimate, were not fairly used, that the self interested motives of local parties tainted the whole measure, and stamped it as one for personal aggrandisement, and not for the general good. Grave as these charges were the consideration of them must for the present be postponed. The commission appointed at the suggestion of the Confederate Council on Commercial Treaties, mentioned in the preceding chapter, "to proceed to the British West Indies and to the Foreign West India Islands, Brazil and Mexico, for the purpose of enquiry as to the trade of those countries, and of ascertain- ing how far it might be practicable to extend the commerce then existing between them and British North America," was composed of the Hon. William Macdougall, a member of the Canadian Government, (Chairman), Messrs. Ryan, Delisle, and Dunscomb on behalf of Canada ; of Messrs. Macdonald and Levisconte on behalf of Nova Scotia ; of Mr. William Smith, Comptroller of Customs at the Port of Saint John, on behalf of New Bruns- wick ; and of Mr. William H. Pope, a member of the Govern- ment, on behalf of Prince Edward Island. Having obtained the sanction of the British Government, and the necessary authorisations from the Foreign and Colonial Secretaries of State in England, to the Foreign and Colonial Governments, and after due consultation in December, 1865, with the authorities in London, as to the general nature of the policy to be pursuec", these gentlemen proceeded on their mission in the month of January, 1866. The, instructions imder which they were to act were contained in the following letters : — Finance Department, Ottawa, 17th November, 1865. Gentlemen, — By command of His Excellency the Administra- tor of the Government, I have the honour to inform you that His Excellency has been pleased to appoint you Commissioners to proceed to the British West Indies and to the foreign West India Islands, Brazil and Mexico, for the pui*pose of enquiring into the trade of theso countries, and of ascertaining how far it may be CONFEDERATION. 337 practicable to extend the commerce now existing between them and British North America. The countries referred to all produce articles which enter very largely into the consumption of the people of Canada and the Maritime Provinces, while at the same time they consume the staples of production here to an immense amount. Naturally, therefore, trade should exist, and be carried on between them under the most favourable conditions. Practically, however, it is found that the commerce is very restricted in amount and of slow development. The causes for this state of things may be found partly, no doubt, in the difficulty which always attends the opening of new markets and the diversion of trade ; but principally in the fiscal laws which both on our pari and on theirs interfere with the free interchange of our respective commodities. The i-apid extension of the productive power of Canada in lumber, cereals and fish, and the early prospect that the great resources of the Maritime Provinces will equally be brought imder an uniform commercial policy for all British North America, render it in the opinion of the Government most important than an enquiry should be made into the circumstances and conditions of our trade with the West Indies and South America, and into the best mode by which it can be developed. The subject becomes of the utmost importance at a time when our important trade with the United States is threatened with interruption, and will certainly hereafter be continued under different conditions from those which have hitherto existed. Knowing then that the countries to which you are about to proceed offer a market for all the surplus products of British North Amei'ica, and that they can afford us in exchange all the productions of the tropics, it is most desirable that an effort should be made to remove the artificial obstnictions which exist to free commercial intercourse. The Government have decided to confide this important duty to you, in which it is probable you will be aided by one or more representatives from the Maritime Provinces. It is confidently believed that the views of these gentlemen will coincide with your T-r i'1 338 CONFEDERATION. h own on all points, but if unfortunately material divergence of opinion should be found to exist, it will then be your duty to act under the authority now given you, on );)ehalf of Canada alone, reporting tho circumstances to His Excellency to enable him to communicate with the Governments of the Sister Provinces for the purpose of re-establishing joint and united action. The instructions under wliich you will act must necessarily be of a very genei*al chai'acter, and their application must be left in a great measure to your own discretion, in which the utmost reliance is placed. , / ^..^n sl^^ ; You will in all cases report the nature and extent of the pro- ductions of the respective countries you visit, their trade, tariffs and all other burdens imposed upon commerce, the ordinary prices current, «fec. It will also be desirable to note the several customs of trade among merchants, and other points valuable for the information of our commercial community. It will then become your duty to consider whether you can oflFer any suggestions for removing what may appear to you to be obstructions to direct trade with BritLsh North America. It would be improper for the Government to anticipate the action of the Legislature in reference to taxation; but it is necessary that you should be infoi-med that this Government would be prepared to recommend to Parliament the reduction or even the abolition of any customs duties now levied on the pro- ductions of these countries, if corresponding favour were shown to the staples of British North America in their markets. Your first attention will probably be directed to the British West Indies, and-subsequently to the Spanish, French and other foreign islands, ultimately visiting Demerara and Brazil. If time will permit you will visit Mexico, but in the disturbed state of that Empire it is not desired that you should much delay your return for this purpose. It is hoped that your labours will be completed by 1st April next. You will proceed to England as soon as possible, reporting yourselves to the Secretary of State for the colonies, to whom His Excellency will furnish you with letters, and you will, I am sure receive from him such introduction to the British authorities in CONFEDERATION. 339 the places you intend to visit as will secure every facility for your enquiries. You will be pleased to report to me, for the information of His Excellency the Administrator of the Government, from time to time, the progress you make, with advice as to the points at which you may be addressed. , ,, ,, I have the honour to be. Gentlemen, ,,,, ^ _ Your obedient humble servant, v., •■ ■- ?' ' A- T. Galt, Minister of Finance of Canada. The instructions to the Commissioner from New Brunswick were communicated to him by the Governor of that colony, and were as follows : Fredericton, N.B., December 15th, 1865. Sir, — Her Majesty having been pleased to authorize the appoint- ment of Commissioners charged with a mission of enquiry into the most available means of extending the commerce of the British North American Provinces, I have nominated you as Commissioner for the Province of New Brunswick on that behalf, having the fullest reliance on the ability and zeal with which you will discharge the duties entrusted to you. I have now to instruct you to proceed to the West Indies, there to join and co-operate with the Commissioners appointed on behalf of the other British North American Provinces. You will, in conjunction with tliem, endeavoiu* to ascertain how far it may be possible to eiSect arrangements with any of the British Colonies or foreign possessions in the West Indies, or with the Empires of Mexico or Brazil, by which the trade between these countries and the British North American Colonies would be further developed and extended. You are not authorized to make any engagement or give any pledge on behalf of the Government of New Brunswick, but you are at liberty to make any suggestions which may appear to you to be suitable, and you will discuss the subject of your mission with those appointed to confer with you in the fullest and frankest manner. It will be your duty, in these conferences, to obtain all possible information as to the mutual IS', ) .,lt t.H I I'M ; %. m 340 CONFEDERATION. commercial concessions and corresponding changes in the respective tarijffs of the several colonies and countries referred to, which may seem calculated to facilitate the attainment of the object desired. You will further generally collect such information at the different places visited as may, in your opinion, be of utility to the commercial community of New Brunswick, or which may tend to open up new markets for the productions of the Province, and new fields for the employment of its industry. You will from time to time report your proceedings to the Hon. the Provincial Secretary, and on your return to the Province, will make a general report of the information you have obtained. I have, &c., (Signed) Arthur H. Gordon. W. Smith, Esq., Comptroller of Customs, &c. The 10th paragraph of the Canadian Instructions should be noted. How far it was in contravention of the Imperial policy as to discriminating duties remains to be seen. In the month of May, 1866, the Commissioners returned, and in due time made their reports to their respective Governments. After the usual acknowledgments of the attention and hospi- talities with which they were received, the Commissioners make " suggestions " by themselves briefly stated as follows : — " 1st. To establish promptly a line of steamers suitable for the carriage of mails, passengers and freight, between Halifax, Nova Scotia, and St. Thomas, in the West Indies, touching (until the completion of the Intercolonial Railway) at Portland, in the United States, so as to ensure regular semi-monthly communication between the ports mentioned. 2nd. To make a convention or agreement with the Postal authorities of the United States for the prompt transmission of letters, &c., from Canada and the Maritime Provinces, by every United States mail which leaves the ports of Boston or New York for the West Indies, Brazil, Mexico, w York e trans- iting 3rd. To establish a weekly line of steamers between Montreal and Halifax, and to complete as soon as possible the Intercolonial Railway. 4th. To procui'e, by reciprocal treaties or otherwise, a reduction of the duties now levied on flour, lish, lumber, pork, butter, and other staple productions of British North America, in the West Indies, and especially with Brazil and the Colonies of Spain. 5th. To obtain, if possible, from the Spanish and Brazilian autho- rities a remission of the heavy dues now chargeable on the trans- fer of vessels from the British to the Spanish and Brazilian flags. 6th. To procure, by negotiation with the proper authorities, an assimilation of the Tariffs of the British West India Colonies in respect to flour, lumber, fish, and other staples of British North America, a measure which would greatly facilitate commercial operations, and may well be urged in view of the assimilation about to be made in the tariflfs of Canada and the Maritime Provinces. 7th and lastly. To promote, by prudent legislation and a sound fiscal policy, the rapid development of the great natural resources of the British North American Provinces, and to preserve, as far AS lies in their power, the advantage which they now possess, of being able to produce at a cheaper cost than any other country most of the great staples which the inhabitants of the tropics must procure from northern ports." The report then proceeds to give very valuable statistical infor- mation of the trade and productions of the various West India Islands, of British Guiana, and of Brazil, with evidence of the desire of the authorities in those countries to enter into the con- sideration of any propositions tending to promote the object for which the Commission was sent out. From the return of the Commission to the present time no action has been taken upon this report. For the first two yeai-s immediately following it may be said that the moulding of the constitution under the new Confederation, which had come into being on the 1st of July, 1867, commanded the undivided atten- tion of the Government. But with reference to all that part of x^ 342 CONFEDERATION. *V the report and " suggestions " which related to the establishment of trade by means of " Reciprocal Treaties or otherwise," it may be questioned whether its contravention of the Imperial policy as to discriminating duties was not of itself a sufficient objection. The 10th paragi-aph says : "It would be improper for the Government to anticipate the action of the Legislature in refer- ence to taxation ; but it is necessary that you should be informed that this Government would be prepared to recommend to Par- liament the reduction, or even the abolition, of any customs duties now levied on the productions of those countries, if corresponding favour were shown to the staples of British North America in their markets." N ..-:■; ■>:='.-. ■>;-'■•/' "-i "^ ■■,..^7-^.:u'-i«- , Among the enclo ..ures transmitted by the Colonial Secretary to the Governor-General, on the 14th of February, 1851, and On record in the Canadian Journals, was the following, which had been previously sent as an instruction to the Lieutenant-Governor of New Brunswick : — No. 220. Downing Street, 1st Nov., 1850. i Sir, — It is with much regret that I have learnt from your dis- patch. No. 59 of the 7th ultimo, that dissatisfaction has been occasioned among the inhabitants of New Brunswick, by the instructions given you to withhold your assent from any Acts which may be passed by the Provincial Legislature, in contraven- tion of the system of commercial policy, which the Imperial Parliament and Her Majesty's Government have judged it advis- able to adopt, with a view to the interests of the empire at large. 2. While it is the desire of Her Majesty's Government to advise the Crown to use its authority in such a manner, as to interfere as little as possible with the management of their own affairs, by the Legislatures of the several colonies, there are subjects on which measures cannr ' e adopted by an individual colony, without affecting the inte s of others, and perhaps of the whole empire. 3. Measures for the regulation ui trade are of this description, and from the veiy foundation of our colonial empire the Imperial Parliament and Government have always claimed, and exercised, CONFEDERATION. 948 ;i"'ti*r''! the right of deciding on the commercial policy, which should be adopted by all British colonies. *" 4. Until a recent period, this authority was used for the maintenance of restrictions upon trade, in many cases very onerous both to the mother country and the colony. These have now, for the most part, been abolished, and Her Majesty's Gov- ernment are not prepared to consent, that they should be partially re-imposed on particular colonies, without considering the effect of such re-imposition upon that general system of policy, which has been adopted in their place. 5. As you have pointed out, bounties might be given in particular colonies, in such a manner as might be very injurious to others ; and the imposition of differential duties on foreign produce by a particular colony, on the grounds stated in the memorandum of the Executive Council, would be still more objectionable, as they might probably clash with the engagements of this country under treaties. 6. It is true that there are still differential duties levied in the Australian colonies, but these are the remains of a former system, which has not yet been entirely changed. They were imposed by authority of Parliament, and Parliament has now empowered the Local Legislatures to abolish them ; at the same time prohibiting those Legislatures from imposing any differential duties in future. 7. These are the general considerations on which Her Majesty's Government have acted with reference to this subject, and being satisfied that a steady adherence to that system of commercial policy which has been sanctioned by Parliament, is the course best calculated to promote the general welfare of the Bi'itish empire as a whole, and the interests of New Brunswick as an important part of that empire, it is out of my power to withdraw or modify the instructions I have already transmitted to you. I have, &c., (Signed) Grey. Iription, Imperial lercised, In 1855 Mr. Hamilton Merritt, a distinguished member of the Canadian Parliament, had as " chairman of a Committee of the Legislative Assembly of Canada, appointed to inquire into the VV _ > ;» Li '*» • Ui CONFEDERATION. 1^' If' ' -;i?* i4 commercial intercourse between Canada and Great Britain, the British North American Colonies, the West India possessions, the United States, and other Foreign Countries," himself opened com- munication with the Government of Barbadoes on the subject matter embraced in the report made by the Committee to the House, though the report had not been adopted, or any action taken thereupon either by the House or the Canadian Government. The Council and Assembly of Barbadoes acquiesced in the propo- sitions put forward by Mr. Merritt, and passed the following resolutions: — .. ^ ; ; House OF Assembly, 17 world lUiance rcantile king to make a I States ,zil will, ziU If w as to nff back 3 miglit, Jamaica of any le made make a induce- |,oui3, in the submitted lular to say, ^8, into the ^d States to 13 collected leen the two \, enrolment Lawrence place the as enjoyed giving the Le character ment can, therefore, be held out to Brazil to give Canada her markets ; — but if Canada could make a distinctionin favour of the British Colonies, and of such nations as would be liberal with her, an immediate expansion of the trade of the country would follow. By a proper representation to the Imperial Government it is thought a change in the present policy could be brought about in that direction. So far as Canada is concerned justice demands it. Thrown now entirely upon her own resources for the defence agamst aggression from abroad, and the maintenance of order within her long lino of frontier of many thousand miles, with every soldier of Her Majesty's regular forces withdrawn, with heavily increased ex- penses incidental to the government of extensive and, in some degree, as yet unproductive territories, and to the construction of immense | public works, rendered necessary by her geographical position, and the assumption of duties hitherto borne by the Imperial Government, her powers must rise to her responsi- bilities, her means of raising a revenue adequate to her necessi- ties must be unquestioned. No rightly-minded Canadian would desire to place his country in antagonism to the commercial policy of the empire ; but if the internal policy of the Imperial Govern- ment throws upon Canada certain duties, then (however opposed to a particular sub-division of the general policy of the empire which general policy involves the good government of the whole) it must be regarded as a part of that general policy, that Canada should carry out the duty so assigned in a way least burdensome to her own people. The rules of good government admit of no other construction. The responsibilities thus thrown upon Canada she accepts. Similar responsibilities educated the old thirteen colonies to become a nation. Their citizens became soldiers, their soldiers statesmen. What made Pepperall and Franklin, Washington and Adams, Hamilton and Mai-shall the men they were 1 Long before the Revolution they were dealing with questions beyond the sphere of local politics. Those young Provinces trained their Home Guards to meet the Indian Philip, and sent their regiments ...I'yA '4 m ' 'ilH i .^ fSJRS!. ' * 360 CONFEDERATION. to wrest Louisburg from France ; but the trader of Boston could not buy a knife from Fmnce, or a yard of cloth from Germany. Their commerce had but one groove. ^ The histoiy of Caspar Hauzer shews that the mind untrained, however naturally strong, remains in a state of imbecility, though the physical frame may attain its fail' proportions. The Canadian statesman has now to consider other matters than those of mere internal regulation. He has to look abroad to the development of foreign trade, to his position with foreign countries. " Far as the breezes beai", the ocean rolls," his commerce is free. He must see to its sustenance, to its extension. He wishes to act in full accord with the mother country ; whatever policy she deems best for herself, as a general rule, is best for Canada ; what strengthens her strengthens peace ; but to all rules there must be some ex- ception, and the South American and Intercolonial trade with Canada comes within the exception. After all, the West India Commission may do the country some sei*vice. 'V ■' ■ - 'Jv could many. [361] rained, thougi ,nadian >f mere opment 'Far as le must in full ms best mgthens lome ex- ide with country CHAPTER XL The Fenian Invasion of 1866 — IvOwer Canada Education Bill — Action of the Government — Gait's resignation— Subsequent conduct — Constitution of the Local Governments and Legislatures for Upper and Lower Canada — Resolutions and amendments — Parliamentary action of prominent Upper Canadian Politicians on Representation by Population — Address to the Queen— Announcement of Deputation — Expiry of the Parliament of Old Canada — A. D. 1866. The Fenian Ea,id which took place in the summer of this year (1866), — one of the most wanton and outrageous violations of international law that has occurred since modem civilization began, — though not one of the causes which led to Confederation, was yet one of those incidents which essentially proved the necessity of that military organization which, it was alleged, would spring from Confederation, and which was one of the first measures car- ried after Confederation was adopted. It exemplified in a strong degree the alacrity with which the young men of the country were ready to spring to arms at the call of duty, and intensified the devotion of her people to Canada ; but it proved the defect which exists in most Volunteer organizations, that of too great an anxiety to rush into combat, too great an idea of individuality, instead of waiting to carry out the combinations which an experienced and prudent commander may determine on. Military subordination is as essential to the successful conduct- ing of a campaign as personal courage. If the accounts of the Invasion can be relied on, the latter was conspicuous — the former may be improved. Apart from the opinion prevalent in Canada, of mismanagement and inattention in the highest military autho- rity at that time in Upper Canada, there was also singular want of proper information, and ignorance of the topography of the country. In an enemy's countxy, apparently, the routes could not have been more thoroughly unknown — on this point all seemed confusion. Yet the whole afiair took place in a small angle of the oldest settled part of Canada, had been anticipated in that quarter 24 %:M I $ 11 nil i III m 362 CONFEDERATION. for weeks before, and looked for by those in charge of the military defence of the country. For the want of proper topographical information it seems diffi- cult to find an excuse. It is as essential to the defence of a frontier as ammunition is to the discharge of a firearm ; and the attain- ment of it falls as much within a legitimate military expenditure as the preliminary drilling of a body of men. In many parts of old Canada, and throughout the Maritime Provinces, whole coun- ties are mapped out at private expense with perfect accuracy — with every road and hill, orchard and stream, house, forest and lake — so that in such delineated districts an authority in com- mand, however remote, may with certainty direct the movement of troops, so as to concentrate any required number on any given point. In Prince Edward Island, a stranger may land at one end, traverse the whole in any direction, and find any place he desires to reach, without instructions from any individual, if he has sufficient intelligence to examine a map. The ordnance sur- veys of England and Ireland are not more correct as to surface details or distancco. Col. Peacock's plan, it is now generally admitted, was judicious; and had his orders been carried out, the Fenians must have been placed between two converging forces and utterly annihilated. As it was, while the honor of the conflict fell entirely to the local troops, the loss was such, it was considered, as ought not to have bt en incurred, and the equivocal character of the triumph might have been avoided. Both would have been avoided by a couple of hours' d'ilay, and Her Majesty's E«gulars would have been at hand to sustain the gallant rashness of young men who required to be checked more than be encouraged. But more than all, such punishment would probably have been inflicted upon the marauders as would have prevented the subsequent attempts, four yeais after, to repeat the outrage. Again, if these same accounts can be relied o^, there was an entire absence of those preliminary preparations which are essen- tial to any sue esa in war. Two writers have given their nan\atives — Majo^ Denison, of the Covernor-General's Body Guard, and Mr. Alexander Somer- CONFEDERATION. 36a military ns diffi- frontier 5 attain- snditure parts of >le coan- juracy — »rest and in com- lovement my given ,d at one place he Aial, if he lance sur- to surface judicious; have been inihilated. |o the local ^ot to have iph might )j a couple re been at lo reqxiired |,n all, such marauders eai-8 after, jre was an are essen- )enison, of Ider Somer- ville, well known in Canada as the *' Whistler at the Plough." Both are apparently written with fairness, after a thorough exam- ination of the locality, and the attainment of the most reliable information. " The former is a well known cavalry officer in Canada, the author of several able works on the utility of that branch of the service, was witli the advancing force, and came upon the field at Ridgway, on the staff, shortly after the engage- ment. If their statements are correct — and there does not appear to have been any official or authoritative contradiction of them — the Volunteers were hurried to the front without sufficient ammu- nition or proper supplies of food — without the necessaiy equip- ments for a march — with a divided command, and without any previous co-operation — with deficient transport arrangements, un- certainty of direction, and no sufficient medical preparation. The ordere of Col. Peacock, of Her Majesty's 16th Regiment, commanding in the field, were heedlessly departed from, without any immediate necessity or proper justification, and a well arranged plan disconcerted by two officers of standing — one of them an officer of Her Majesty's Regular Army. The Volunteers were unnecessarily carried into action at Ridgway unsupported, when, by their orders, they should have been at an intermediate station, and waited for the junction of Col. Peacock's division. From not having obtained any previous information as to the nature of the enemy's force, a serious misapprehension arose which threw them into confusion, and led to great loss of life. It is painful to read of boys slaughtered by such mismanage- ment, and worse to be told that, young and inexperienced as they were, they saw the error, but in obedience to the bugle call, twice repeated, retired and closed in, only to certain death. This invasion, however, proved two things conclusively. First, That we had depended too long for the defence of the country upon Her Majesty's Regular troops, and that, in order to prevent disaster for the future, it was necessary that the entire military organizjition of tl^e country should be put upon a better footing. Secondly, That if in the future the Government did its duty, and prepared in time, the personal courage and patriotism of the people would be sufficient for their own defence. 364 CONFEDERATION. Lessons of this character, however painful at the time, are generally beneficial in their results ; and, in consequence, we can at this day (in 1871) point to a system sound in theory and prompt in action — a system which, tried on three occasions within eighteen months, has thrown into the field with wonderful rapidity a body of well drilled, able men — able in number, discipline and spirit to meet the emergencies which demanded their services. In the spring of 1870, when the second Fenian invasion was made, and terminated in the disgraceful rout of the marauders at Eccles' Hill, on the Eastern Townships frontier, 13,000 men well equipped, well drilled, ready for active service, with all arms, ammunition and appointments complete were, in forty-eight hours, assembled from the Ottawa and Central district alone, and trans- ferred to one of the expected points of attack on the line of the St. Lawrence canals. Equally sufficient numbers were, with equal promptitude, brought together in the western section, where an irruption was expected, and the Eastern Townships had their quota without calling for aid from any other point, though General Lindsay, in command at Montreal, forthwith sent Mer Majesty's 69th regiment to the frontier — on which occasion His Royal Highness Prince Arthur saw his first active service in the field. Very shortly after, the Canadian soldiers shared the fatigues of that long two months' march with Her Majesty's 60th Rifles, through six hundred miles of wilderness, to Manitoba, and at a still later day, in the autumn of 1871, when the ice was forming on the lakes, and the storms of winter commencing, at a week's notice two hundred men, fully armed and equipped, were sent off on the same journey, and accomplished it with success in less than three weeks. The Canadian Army may not have the port or bear- ing on parade of Her Majesty's regular forces; but in the field the men though rough are ready — good shots, good axemen, muscular, capable of fatigue, when well commanded subordinate, and i-eady at all times to fight for the protection of their country and flag. This result has, since Confederation, been attained by the gradual introduction of an efiicient and judicious system, worked up under many disadvantages and against great prejudices, a system which has received the approbation of Her Majesty's Government, and CONFEDERATION. 365 ne, are we can 3ry and i within rapidity ine and Lces. iiion was ,uder3 at aen well 11 arms, ht hours, id ti*ans- ae of the ' ere, with )n, where had their h General Majesty's [is Royal the field, ■atigues of th Rifles, , and at a ,s forming a week's Ire sent ofl" less than irt or bear- le field the muscular, and ready and flag, [he gradual up under item which tment, and of the highest military authorities in England, and has at the same time earned for itself the respect of our neighbours in the United States.* It does not come within the province of this work, to enter into the details of the invasion of 1866, or to refer to it in other than general terms. A grateful country marked its appreciation of the services of its soldiers. Compensation and pensions were granted by Parliament to the wounded survivors, and to the widows and orphans of those who fell. The University of Toronto erected a monument in honor of its young students, who, leaving the quiet studies of its halls, had commenced and closed their lives on the field of battle in defence of the liberties of their countrv, and the press throughout British America commemorated, in becoming language, events which it is well should not be forgotten. The losses sustained by this and subsequent similar invasions, have been made the subject of remonstrance with the Imperial Government, and with the trials and punishment of the prisoners which followed, the conduct of the Government and people of the United States, of the representative of Her Majesty's Government at Washington, and of the Imperial authorities in England, to- gether with the question of international duties as between Eng- land and the United States, and between both and Canada on this subject, will have to be considered when we come to the parlia- mentary and other proceedings which followed the consummation of Confederation in 1867. In August, 1866, Mr. Gait resigned his position as Finance Minister, and retired from the Cabinet on the determination of the Government not to proceed with the Lower Canada Education BUl. This Bill was wisely abandoned by the Government, owing to the determination expressed by their Lower Canada supporters, not to permit this Bill to pass unless a similar Bill with reference to the Roman Catholic minorities in T'^;per Canada was carried * The Bysteni was originated in Old Canada, by Major-Qeneral P. L. Macdougall, ably assisted by Colonel Dyde, of Montreal, aud the volunteer officers, both in Upper and Lower Cauada ; adopted in New Brunswi ck and Nova Scotia by the Lieutenant Governora of those Provinces, assisted with equal ability by their officers ; aud after Confed.-pi'on im- proved, extended throughout .the whole Dominion by Act of Parliament, and effectively worked out by Sir Gooi-ge E. Cartier, the Minister of Militia, with the Adjutant-Goneral Colonel Robertson Ross. 366 CONFEDERATION. pcvri passu. This their Upper Canada supporters would not assent to, alleging that their existing law, but lately passed, worked well and fairly, giving no dissatisfaction, and requiring no amendment. In announcing the determination of the Government, the Hon. John A. Macdonald, after pointing out that if the Bill before the House was pressed, there would be the unfortunate spectacle of the majority in Lower Canada in a conflict with the majority in Upper Canada, just as they were on the eve of separation, ob- served that ''The provisions of this Bill formed part of the guar- antees provided by Confederation, and any laws on this subject in force when Confederation is consummated, could not afterwards be altered, and eacli section would have felt itself suffering under grievances, which there was no constitutional method of escaping from. Canada, therefore, instead of starting on a new race of Confederation in peace and harmony, would present to the Lower Provinces an unfortunate spectacle of two houses divided against themselves. Instead of a double majority, we should have had a double minority." Mr. Gait, who was regarded as the exponent of the feelings and wishes of the Protestant minority in Lower Canada, had identified himself with this bill, and pledged himself to its support. "Whilst therefore, he admitted that the course pursued by the Government was, under the circumstances, the most judicious, he felt it was one he could not personally support. " It was not," he said, "that he thought the Protestants of Lower Canada would be dealt with unfairly by the Catholic majority, but it was because he had, in his place in the House and in the Government, taken a certain ground on this question, which rendered it impossible for him to be responsible for the policy of the Government on this measure." Mr. Gait's conduct on this occasion commanded the respect of all parties. His secession from the Government at the moment was much regretted, as one of the ablest and most earnest sup- porters of the great measure of confederation, then about to pass through its trying ordeal, the final arrangement and adjustment of its component parts ; but the con\ otion was general that he would not be less its friend, because no longer a member of the CONFEDERATION. 367 had ipect of oaoment ist sup- to pass iistment that he of the Government, and that it would still receive his powerful co-opera- tion, a conviction which subsequent events amply justified. About a month after the opening of the session of 1866, the honourable the Attorney-General John A. Macdonald introduced certain resolutions to provide for the Local Governments and Legislatures of Lower and Upper Canada respectively, when the union should be effected. For the Maritime Provinces no such provisions were requisite. Their constitutions would remain in operation as before confederation, restricted only by such limita* tions as would be introduced by the Imperial Act effecting the union ; but with reference to the tAvo Canadas they wei'e again to be reconstructed into different Provinces, and separately clothed with the legislative powers necessary for the management of their local affairs. Little public excitement or discussion was aroused on the subject, but the teachings of history seemed as it were to be reversed — Lower Canada with its French element preferred to follow Conservative England and retain two chambers, while Upper Canada with its English element preferred to follow in the wake of Republican France, and have only one chamber, " one and indivisible." The French were more English than the English ; the English were more French than the French. Provision was first made for the proper maintenance in each of responsible Government. Two chambers were then provided for Lower Canada, to be called " The Legislative Council," and " The Legislative Assembly." One chamber only for Upper Canada to be called " The Legislative Assembly." The Legislative Council of Lower Canada was to be composed of twenty-four members, appointed by the Crown for life, British subjects by birth or naturalization, thirty years of age, with a continuous real property qualification in Lower Canada of $4000, over all incumbrances, debts, and liabilities, the Council itself being the sole tribunal for the adjudication of any question as to the qualification of its members ; the Speaker to be appointed by the Crown, holding oflice during pleasure, and voting only when there was a tie, each councillor representing one of the twenty- four electoral divisions, into which Lower Canada was then 368 CONFEDERATION. I divided, for the purpose of repi'esentation in the Legislative Council of United Canada of that day, and residing or possessing his qualification in the division which he represented. Thus it will be perceived that the constitution of this branch of the Legis- lature of Lower Canada was to be eminently Conservative, possessing both a territorial, personal, and pecuniary character. For the Lower House or Legislative Assembly, the existing sixty-five Electoral Divisions into which Lower Canada was then divided for representation in the House of Assembly of United Canada were retained, and a distinct provision was inserted, that such number should not be altered, unless both the second and third readings of any bill to efiect such alteration should be passed with the concurrence of three-fourths of the members of the said Legislative Assembly. The lone Assembly of Upper Canada was to be composed of eighty-two members representing constituencies then designated and declared. Provision was also made, that the existing laws regulating elections then in force in United Canada, and applicable to either Upper or Lower Canada, should continue in force until altered or amended by the Legislatures newly to be constituted, only that the term of each House should continue for four years, unless sooner dissolved by the Lieutenant-Governor of the Province to which it belonged, and that a longer period than twelve months should not intervene between any two sessions of the Legislature. Thus, as co'ntrasted with Lower Canada, it will be seen that the constitution of the Local Legislature of Upper Canada was singu- larly democratic ; and in reality the only similarity which existed between the two, in the preliminary formation, namely, the pro- perty qualification of candidates or members, was abolished by the Legislature of Upper Canada, among its first acts after coming into power under Confederation. The 38th and 41st paragraph of the Quebec Resolutions were re-resolved, that the Lieutenant-Governors of the several Provinces of the Confederation, when formed, should be appointed by the Governor-General under the great seal of Canada, to hold office for five years, unless removed for cause ; such cause to be imme- CONFEDERATION. 369 diately communicated in writing to the Lieutenant-Governor on the exercise of the power of- removal, and to both Houses of the Confederated Parliament within the first week of the first session afterwards ; and that the Local Government and Legislature of each Province should be constructed in such manner as the exist- ing Legislature of each Province should provide. During the debate which followed the moving of these resolu- tions, an additional provision, that the appointment of the first Lieutenant-Governors should be provisional only, and strictly during pleasure, was cari-icd without a division ; the necessity for such a provision being so apparent as to require no discussion, inasmuch as their appointment on the day of the inauguration of the Confederation would have to emanate fi'om the Governor- General, on the advice of a Privy Council which would not at the time have itself received the sanction of the people. An amendment, moved by Mr. Gait, seconded by the Attorney- General West, (the introducer of the resolutions) doing away with the proposed restrictions as to the alteration of the number of the representatives in the Legislative Assembly of Lower Canada; and the limits of the Electoral Districts, — confining the latter to certain specified districts only, and permitting the alteration on being assented to by a majority of the members representing the said specified districts, — was also carried on a division, the matter being apparently one springing from local causes only, and intended to provide that ceiiiain constituencies — those inhabited by people of British origin — should not be altered as to their limits, except with the concurrence of the majority of their own representation. An additional resolution was also passed, providing for the adjustment of the debts, credits and liabilities, properties and assets of Upper and Lower Canada by arbitration, which was subse- quently embodied in the British North America Act of 1867, but for which no provision had been made in the Quebec Resolutions. A motion made by Mr. M. C. Cameron, and seconded by Mr. Mackenzie, limiting the Executive Council of the Local Govern- ments to five members, was negatived. When the question of concurrence in the resolutions came up, Mr. Doriou endeavoured to assimilate the proposed constitution of 370 CONFEDERATION. the Local Legislature of Lower Canada to that proposed for Upper Canada, but his motion was negatived on a division of 69 to 31, ap})arently a party vote. An effort in a similar direction on behalf of Upper Canada was made by Mr. Cameron of Peel, seconded by Mr. Morris, to obtain two Chambers for Upper Canada ; but the division showed only 13 in favour of the motion, and 86 against it. Mr. Dorion then endeavoured to have the Legislative Council for Lower Canada made elective, but failed, the division being very much as on his former motion, 31 to 63. He then proposed a very important amendment, " that no mem- ber of the Legislative Council should hold any office of emolument under either the General or Local Government ; nor receive, either directly or indirectly, any salary, remuneration or indemnity what- soever for such office, or for his services as such member of the Legislative Council, while he shall have a seat in the Council ;" this provision not to apply to Executive Coimcillors and the sala- ries attached to the respective departments or offices they shall fill ;" but this amendment was also lost on a division of 26 to 67. An effort to have the Speaker of the Legislative Council chosen by its members, made by Mr. Dorion, equally failed by a vote of 24 to 63. A similar fate befell a motion made by Mr. Cauchon, seconded by Mr. Dorion, to strike out the provision relative to the altera- tion of the limits of particular Electoral Districts, except with the conciirrence of the majority of the members representing the said Districts, — the vote being 24 to 68 ; and the formation of the Local Legislatures of the two new Provinces to be re-formed out of old Canada, so far as indicated by the then existing Legislature of old Canada at its last session, may be said to have finally closed. During the debates which took place on these several resolutions and amendments, nothing of particular interest occurred, save, perhaps, the views of one or two members on the subject of repre- sentation by population — views which it may be important to reproduce, as evidencing the construction put upon the term in Upper Canada by some of its leading public men, pending the discussion on the details of Confederation, and as bearing upon the terms on which other Provinces might afterwards be admitted. CONFEDERATION. 371 On the motion made by the Attorney-General John A. Mac- donald, for concurrence in th& schedule distributing the now seats in Upper Canada, he explained that as village municipalities were constantly springing up in Upper Canada, they would of course be included in the constituency, within the limits of which they were situated. The Hon. George Brown thereupon declared that the plan before the House did not carry out the principle of representation by population. *' On looking at the schedule," he said, " he found one constituency, Niagara, with only 4,470 of a population, and another, Essex, with no less than 25,211. In adding up the population of the ten smaller constituencies he found they contained a population of 82,258, while the ten largest con- stituencies contained over 231,000. By adding the population of the twenty smallest constituencies together, it appeared that they contained only 214,000. Thus we had 214,000 people having twice as many members as 231,000. Then taking the represen- tation east of Kingston, he found seventeen members whose constituencies had an average population of 14,000, while the seventeen western constituencies contained an avei'age population of 18,000. He thought a better plan would have been to have given a second member to the largest constituencies, than to have made new ones." Mr. Mackenzie said, " That three principles should have been regarded in distributing the representation, namely, population, area, and probable value of the land." On these three heads he proceeded to show that gross injustice had been done to Lamb ton, and moved an amendment that another member be given to that county. Mr. Rankin called the attention of Mr. Brown to the fact, that one of his principal justifications for having gone into the coalition was, that he had obtained representation by population for Upper Canada, and now he had done his best to prove that it had not been gained. Mr. Jones, of North Leeds, was extremely glad that the principle had not been carried out in the distribution of new seats, but that the prospective development of the country had also been considered. / ■!:;y 372 CONFEDERATION. Mr. Mc Kellar supported Mr. Mackenzie's amendment. It was lost on a division, names and numbers not taken.* An address was then voted to Her Majesty the Queen, praying that a measure might be submitted to the Imperial Parliament to provide for the Local Government and Legislatures of Upper and Lower Canada, when the union of British North America was effected, on the basis of the resolutions i)assed by the House, and (after unavailing efforts made by Mr. Dorion, to secure an appeal to the people of Canada before the final adoption of the new constitution,) was engrossed, and an address passed to the Gover- nor-General, to transmit the same to the Secretary of State for the Colonies, to be laid at the foot of the Throne. The Hon. Attorney-General Macdonald announced, a day or two after, in reply to an enquiry from Mr. Holton, that it had been decided to send a deputation to England, headed by the Governor-General, to arrange with the Imperial authorities the necQssary steps for Confederation ; and on the following day — the 15th of August, 1866 — the last Parliament of old Canada closed its last sitting. Thus passed away in calm a Constitution which, born in strife and turmoil, sprung from mal-administration and rebellion — forced upon a reluctant Province (the oldest and, at the time, most im- portant section of the Union), without consulting its people, and against the wishes of the majority of its inhabitants — had never- theless, during twenty-five years of unexampled prosperity and material progress, laid the foundation deep and strong of true Constitutional liberty — had removed the asperities of Race, and taught the united descendants of France and England that the true source of their future greatness and power on this continent would lie in a mutual regard for each other's rights, a mutual for- bearance for each other's prejudices, and a generous, strong, con- joint effort towards consolidating their extensive territories, and developing their vast resources, under one Government and one flag. • • Journals, 1866, 361. Debates, 1866, 87. [373] CHAPTER XII. Vancouver Island — Canadian Pacific Railway — Thunder Bay Mining Region — Departure of Deputation for England — Legislative action of Nova Scotia and New Brunswick — Future consideration of details of contest in those Provinces — Political Acrobats — I )eparture of Deputations from New Brunswick and Nova Scotia — Remonstrance on non-arrival of Canadian Deputation — Reply — Proposition relative to Prince Edward Island — Formation of London Conference— Resolutions — Differences from Quebec Resolutions — Discussions and Bills framed — Additional Clauses in Act as ultimately passed — Propositions on Intercolonial Railway — Guarantee — Imperial Legislation — Return of Deputation — Legislation in Nrw Bruns- wick and Nova Scotia on Dual Representation — Resignations of Members — Imperial Honours — Royal Proclamation — Charge of corruption against Canadian statesmen — First of July, 1867 — A.D, 1866 and 1867. The preliminary hiboui-s in the Provinces were now closed. The question was about to be transfeiTed to England. Let us pause and look at its magnitude. Up to this time we have been dealing only with old and settled Provinces, where men had been for years trained in public life, where commerce had its well established channels, and where, resting on the Atlantic, the people were in daily intercourse with England, with the United States, and the other well advanced nations of the world. We must now turn to regions more favoured by nature, but less utilised by man. Away over in the far- west, opposite the coa.st of China, nestling as it were under the wild and lofty but gold-bearing precipices of the Rocky Mountains, which threw their long shadows across the little strait that divided it from the continent, in the bight of the warm Gulf Stream from the Pacific, lay a little Island, not unlike England in size and climate. It had no past, beyond the mere unchanging roll of its seasons. A hundred years ago, Yancouver had landed on its shores, and left it the heritage of his name, nothing more. Its situation was singularly adapted for commerce, but commerce had not sought it. Between it and the civilized world was an unbroken wilderness. The trapper had scaled the Rocky Mountains, and for many years the pioneers of the Hudson Bay and North- West Territories had roamed over trackless prai- IMAGE E\ ALUATION TEST TARGET (MT-3) ^ 1.0 I.I 110 III! 2.0 1.8 1.25 U ,,.6 "^ 6" ► V] s / r '^"4'' ^/,. /A 'W '/ Photographic Sdences Corporation 23 WCST MAIN STMET WiBSTIR.N.Y. 14SM (716) 873-4503 \ ^ 1. •>^ \\ ^ '^' % / % I' "•- .. ^. . and all things considered, the silent are of much more consequence than those whose taking place clamors for observation. In Bengal a great event, or coming into light of a new fact on the scroll of human destiny noiselessly revealed itself." In Canada, on the bright side of history, may we not say, a great event on the scroll of human destiny was noiselessly revealing itself. No blood was shed, no rupture made, no Clive or Warren Hastings robbed in the name of justice, or deceived and betrayed in the name of humanity ; no Sheridan or Burke can hereafter arise to * Torrens' Empire in Asia. 1872. CONFEDERATION. 39& make their names immortal by the impeachment of its actors. Yet a change was taking place, not less significant in its bearing upon the interests of that empire from which the conquerors of India and the colonists of Canada came. A change by which a country far exceeding India in extent, with its hardy northern races, while forming, for the future, a great and puwerful nation, was yet to remain an integral portion of that empire of its own free will ; with no wrongs like the dusky sons of India to avenge, no treachery to repay with treachery, no blood-stained annals of mutiny and crime to darken its future years. Truly the silent events of history, all things considered, are of the most importance. ' • Much has been said and written about the corruption of Canadian statesmen. If the charge be intended for any thing beyond a mere vague assertion, or to have any personal applica- tion, it is utterly untrue. For five and twenty years, it cannot be said of any one public man, who has oeen a member of a government in any one of the provinces, that he has made use of his position to advance his own pecuniary interests; nor, with the exception of one or two, has even political malice ventured to make the charge. There is not one perhaps, who, had he devoted the same attention and the same energy exclusively to his private afiairs that he has given to the public, would not have been in far more independent circumstances. It is notorious that the salaries of ministers, judges, and other public oflScials in Canada are based upon the circumstances of the country many years since, and are, at the present day, on a scale totally inadequate to the increased expenses of living. Bank presidents, mlway managers and othei-s, whose remuneration is based upon ability to dis- charge their duties, receive treble and quadruple the amount the best naid public man in Canada can hope to obtain, though the sei*vices are not more onerous, or the responsibilities so great. Among that most valued class of public servants who constitute the permanent staflf of the departments, where knowledge and experience are invaluable to preserve regularity and uniformity, the ablest and the best frequently leave the public service, to find in other employments more adequate compensation ; and the benefit of long training and tried integrity is thus lost. -;:i ^^"i ''I! 396 CONFEDERATION. It is true the remedy is in the hands of the Canadian Parlia- ment; but in Canada, as well as in England, the public service sometimes suffers from an injudicious economy in the public expenditure, and the proposition for any change in an improved direction is at once met by reference to the salaries in the United States and republican simplicity, ignoring the fact that in that country small salaries are suppkuncnted by inordinate fees, and sometimes — sometimes too often — by the grossest corruption. That the value of a collectorship of customs in New. York — a govern- ment and not a municipal appointment — is estimated at $100,000 per annum, while the prime minister of Canada receives as a salary $5,000, and the highest chief justice in the Dominion but $5,500, a little over a £1,000 sterling, and no fees. No public official in Canada can, if he is " blessed with Solo- man's quiver full of them," possibly bring up, educate and plant his family on an official salary, and it therefore redounds to their credit that, Canadian statesmen can challenge the charge of cor- ruption and defy the proof. They are not opiin even to the im. putation of the Spartan quality conveyed in La Bniyere's subtle sarcasm, " L'honnete homme est celue qui ne vole pas sur les grands chemins et qui ne tue personne."* If the application is intended in their political capacity, then Canadian statesmen may safely refer to the practice of their coun- ti'ymen in England, and to the conduct of the Imperial cabinet and statesmen. The exercise of patronage in the appointment to office of the supporters of Government, where integrity and capacity to discharge the duties of the office exist, is simply the liistory of English parliamentary government, and is perfectly legitimate. If the charge be intended only in that general sense, which it is impossible to reduce to anything definite either indivi- dually or collectively, though it might be treated with indiffi9rence, and reference be made to the days of Walpole and Pelham, and even of the later Pitt, not forgetting Lord Panmnre's celebrated Crimean telegram, "Take care of Dowb" — and Canadian states- men might in this respect court comparison with any Government *" Honest man, (undetected) pilfer, steal or prig, but don't rob on the public highway, or commit murder." CONFEDERATION. 397 Parlia- service public iproved United in that ees, and n. That govern- ,100,000 a salary i $5,500, ith Solo- nd plant 3 to their ;e of cor- 3 the im. b's subtle 3 sur les iity, then leii' coun- 1 cabinet itment to •ity and mply the perfectly •al sense, ler indivi- ifference, am, and celebrated ,n states- ^-emment that now exists, or has existed in England during the last half- century — it is simply necessary to deny the charge in the strongest terms. Canadian statesmen do not pretenJ to be Purists. They are principally practical men, who have worked their way to posi- tion by the advocacy of progressive measures and the exercise of sound common sense. Very few of them can claim the benefit of hereditary distinction, and most of them are indebted to their personal qualities alone for any influence they command. They are very much like their English prototypes ; and the press in Canada would ex nose corruption, individually or collectively, if it .really existed, quite as readily as the press in England. Such charges, when made in Canada, in the general terms in which they are made, are, it is generally considered, used as election cries, and mostly come from parties who have been members of the same Government, and, having separated, like quarrelling members of the same family, abuse each other with intensest hatred. It is to be regretted that such a practice should ever have obtained. But it does more harm to Canada abroad than at home. Such charges, when made by English writers, may in almost every instance be traced to some disappointed applicant for place. Too many strangers come out to Canada, thinking their appointment to office would be conferring a great boon upon the country, and are vexed at the want of appreciation evinced by its inhabitants. They forget that they must work on the soil before they can reap its fruits. On the 1st July, 1867, Lord Monck issued a proclamation announcing his appointment as Governor-General of the Dominion, and Canadians assumed the control of territories vast in their extent and resources, which, under wise legislation and honest industry, will, with God's blessing, advance in prosperity and influence, and add to the welfare and happiness of the human race. ijj .■M'i' "\ Mi llic highway, APPENDIX. (Chap. 2, page 79.) STATEMENTS Explanatory of the Financial Position of Canada, and a comparison thereof with the position of the other British North American Colonies in 1864. (Issued by the Department of the Minister of Finance, Canada iu 1805.) Statement respecting the Funded Debt of Canada, and the Sinkhig Funds held for its redemption. Year. Funded Debt. Sinking Funds held for its redemption. Net Funded Debt. l86l $65,626,478 67,567,408 65,238,649 61,824,367 $7,453,458 7,620,434 4,883,177 1,536,792 $58,173,020 59,946,974 60,355,472 60,287,575 1862 1861 1864 These figures are from the "Statements of Affairs of the Province," being Table I., in the Public Accounts of each year, signed by Wm. Dickinson, Esq., Deputy Inspector General. Statement respecting Imports into Canada, and Duty paid thereon, in each year since 1 86 1, •.;■: ' ( : i.:-„-,K, -:, Year .u : -■ Imports. Duty. Per Centage of Duty on Total Imports. ; I86I $43,054,836 48,600,633 45,964,493 52,498,066 $4,768,193 4,652,749 5,169,173 6,637,503 II. I 1862 9.6 186^ II. 2 1864 12.6 The figures relating to the Imports and Duty for 1861, 1862 and 1863 are from the Trade and Navigation Returns, prepared each year under the super- intendence of R. S. M. Bouchette, Esq., Commissioner of Customs and Excise. Those for 1864 are from MSS. tables. APPENDIX. 399 Statement respecting the Population of Canada at the periods undcrmen" tioned. roPULATION BY THE CENSUS OF JANUARY, 1852. Upper Canada. Lower Canada. Total. 952,004 890,261 1,842,265 Population by the Census of January, i86i. Upper Canada. Lower Canada. Toul. 1,396,091 1,111,566 2,507,657 Population, assuming the same rate of increase, in January of each succeeding Year. Upper Canada. Lower Canada. Total. 1862 1,456,800 1,139,400 2,596,200 1863 1,520,100 1,167,800 2,687,900 1864 1,586,130 1,196,949 2,783,079 1865 1,655,100 1,226,800 2,881,900 The figures for 1852 and 1861 are from the Official Reports of the Census. Calculation as to the Duty ^zSAper head of the population of Canada, dur- ing the last four years ; also as to the Debt, Ordinary Revenue* and Ordinary Expenditure/^ head. Year. 1 861 1862 1863 1864 Duty per head. «I 83 I 73 1 85 2 30 Debt per head. $22 31 22 30 21 69 20 92 Revenue per head . $3 35 3 10 348 3 79 Expenditure per head. $4 27 4 03 3 75 3 52 * For the amount of Revenue and Expenditure see pages 403-3-4-5. ), .„-.,■ . ■, 5 M-'- •... ,1:.-/, m m 400 APPENDIX. CONDENSED BALANCE SHEET OF THE PROVINCE OF CANADA, ON DECEMBER 31ST, 1864. Dr. Funded Debt — Direct $60,950, loi 13 ~ " ' 874,26664 Do. Indirect Indebtedness to Trust Funds : — School Funds 1,966,813 87 Indian P'unds 1,614,51900 Miscellaneous Funds 569,650 59 $61,824,367 77 4,150,983 46 735,239 14 Miscellaneous Accounts Bank Accounts 3,35'^,5o7 26 Liabilities in connection with the Seigniorial Tenure 4,118,202 62 Consolidated Fund 2,043,761 40 Note.— To arrive at the $67,500,000 at which Canada is to enter the the Calculation on page 405. Cr. Sinking Funds Provincial Works, viz. : — *(a) St. Lawrence Canals Welland Canal Chambly Canal and River Richelieu Improvements Burlington Bay Canal Lake St. Peter Improvements (/) Ottawa Works Improvement of the Trent Harbours and I^ight Houses Roads and Bridges Government Buildings at Ottawa . . Loans to Incorporated Companies . . Miscellaneous Works and Buildings $76,223,061 65 Confederation, see $1,536,792 15 (^) w $7,406,269 86 7,309.849 16 433,807 83 308,328 32 1,098,225 08 1,148,690 16 558,506 20 2,549,617 42 1,726,695 34 1,812,508 71 142,154 52 1,860,862 13 Due by Building and Harbour Funds (?) Railway Debenture, Accounts : — ij) Grand Trunk Railway, including Subsidiary Lines 15,312,894 17 (i) Great Western Railway 2,810,500 00 (/) Northern Railway 2,311,666 67 26,: ;SS,S24 73 174,266 64 Railway Interest and Special Accounts Municipal Loan Fund Accounts {«) Miscellaneous Accounts Due by Trust Funds Consolidated Fund Investment Account , Bank of Upper Canada, Special Account Bank Accounts, including Crown Lands ($60,036 64) . * For Notes see succeeding page. 20.435.060 84 9,642,025 IS 12,890,837 95 1,064,439 oi 779,439 84 689,635 69 1,250,000 01 705,039 64 76.223.061 65 — ■ APPENDIX. 401 («) The St. Lawrence and Welland Canals— together 54 miles long, with 54 locks and a lockage of 535 feet- enable vessels to pass from the Upper Lakes to the Ocean. The St. Lawrence Canal locks, 34 in number, besides guard-locks, are 9 feet deep, 45 broad and 200 long, and can pass vessels 186 feet long, 44 J^ broad and 9 deep. {b) The Welland Canal locks, are 10 feet deep, 26^ broad and 150 long, and can pass vessels 142 feet long, 3C b.-jad and 10 deep. (f) The Chambly Canal enables vessels to pass from the St. Lawrence into Lake Cham- plain. It has 9 locks (besides the St. Ours), 7 feet deep, 24 broad and 122 long. {d) The Burlington Bay Canal, or Cut, opens up Burlington Bay to the trade of Lake Ontario. (e) The Improvements St. Peter Lake will soon enable sea-going vessels to go up to Montreal, drawing 20 feet of water. They have been effected by dredging. (/) The "Ottawa Works" are Timber Slides and Dams, enabling the Lumber of the Ottawa Country to be floated down to tide-water without injury from falls or rapids. (g) The Light Houses and Harbours include those on the Lakes as well as on the sal{ water. (h) The principal loan was to the Desjardin's Canal Company. This Canal connects the town of Dundas with Burlington Bay. (0 $481,426 67 of this is due by Montreal Harbour. (y) The Grand Trunk R. R. Co. now controls 1,377 miles of railway, in addition to the 54 miles of the Ottawa and f rescott Railway, which it works for the Ottawa and Prescott Railway Company. (k) The Great Western Railway and its branches are 345 miles in length. {I) The Northern Railway is 94 miles long. («) The advances made to the various Municipalities under the Municipal Loan Fund Account, secured the construction of various important works, such as the Ottawa and Pres- cott Railway ; the Brockville and Ottawa Railw ay, 8i miles ; the London and Port Stanley Railway, 24 miles. Also Water Works and other valuable local improvements. <41 I 402 APPENDIX. I D •< 55 "< o b O Id O O P< a* W H o 1/5 13 IS O ;z; <; H > Pi Q < H S a* < Q O 13 Q CO W H O H (/} o H (/) < 8 4- imo o M\0 M " ■*>o o fo r* M m o f^ •♦ rn H m" 00 IX lOOO 0000 O «»OVO0000 0*0 mvo o 00 tx»o O M lotxw o>N »nooo ^ OVO tx tx N VO lOOO O ■* N 00 -^ rx\o M cj> M ■♦oo >omn^M«ci wiicipi s OvSO o \o VO oo Ov M ro ON30 O bvino^OsN inO'^ox ■ — — - -■ t^oO ■* ■♦ "^ ■^ IOC" " tvXO '^ m M CO O ,- i-T (^ d\ t-T n" tC t^ocTcd' c^ c> -^ fo <> di -^ wr N t^ w tn rovo o onOco t^O m m-«*-w O « moo •♦loro McofororoMW'*" 00 N ioo\mo\Moo OO mON'^'O mm oo tx 0\ « « 6 -^oo N O roo M -t- r>0 moo rN.roM o 0*0*0 0\ih>o row O **• ,-. CH oo t-Tolrompr-^cri^-^pHriomdNtC t«-vo m r^ ■«*'*o "^ t^soo O On p* >o ■* fooo o o t>. ^00 ^mw Mt«*wt^^Hrov> m On 00 ■♦ N m tx 00 00 tToo •♦ fo t^ tx 0\ N CO 0\ " ix m O rC rT <> M 00 c> "8 tx M oo o" o> o m in I o\ ■-■ g ■* N M O o P) in cT -^ r^ in -^h^o lO NO m en VO .8* CO H ;z; w >- ««; 04 u •Id B V E u b« s n ba a o ./I'C :.2 M trt q • oi '^ ••^^ rC-O.S Q3 , B O « rt 10 8^ s O-o-r; B ' 11 "■ 05- u u o .H C i2 as :0^ ■aM§)S-a e ''' VI OT3 9 o V •xi V o a u p. X V ■<3 B O S B B .ii:s «j .. - >, u 3 B V "I > ° ° nl B Ph o . o ^ B S M <3 •52 •o S u X. b2{ 0;j H^ M M CO ♦ in<6 ixco d» d M tJ en ■♦ vi^ J3 3 O B O (Hi •o B u •^ ill rt O rt o O J- rt *i « 2 f. O 3 X •> a p T APPENDIX. 403 tv m s- 'S o> M ■«■ M o M no o\ •<■ W m •«■ o vcT ? o* M M H •♦ m m t>. t^ oo 0\ H M CO cT H •^\0 oor^OON^OO \0 >-) <^ H -"foo M « CO ■* m « On ON O 00 ^ -^VO in NO CO -^ •<*\o NO woo HNO NiOM r>* tfj-\0 ooNO^mroMfom M VO • « "* f^^ -* O ■* N 00 inoo 000^ WOnNm h OnCH *^0 ocoooco t^rn-^O H w tN.ro .^ hT ctnoo" »ocro''"-rtCcrrO'^»H' <^ t>N N n r^oo c* h^oo « m a H 00 -^ u^NO m « NO en NO \o 00 00 h^ M o M On O O NO 0\N0 M m m tN. M NO Onoo oo o m , NO CO M fi^ OnNO no M O ( ., ^ ^^ . . OvOO O N O ■V^irjO O W W OnOnion NOlO-^-^NOrO MN o\ m •* m VO ,« ■>t- •<■ M d" H W tnNO 00 r*^'^ fO mNO tN.CO On O NO NO M On « rOOO r^ O^00 -^ N u^nO t>. m On W On -^ rONO ro t^vO ,_ -^ '^ tC i/^oo^oo" m''oo'no' t^ On rC d\ tfj- r^ •<»- in in cn. o mNO lo tN.NO co tN. fo -^ mvo m M M rs 'n* oo m H u w u G u 213 3 X O 3 O UWOcPhH c 3 o o 5 rt<; e 13 " ♦i 4) W *-^ O O «-i vO 000 M O f~ ON tT O ■* ■«■ VO CO Ov O >0 O t'l N CTv O 00 O W t^ O CT m" o" "^ "4- m o ■♦VO « « « « H Ov N ♦oo m m vo"V « m ■s CO M fONO v2 ;tv8 N r^ ♦ o> oo « N o VO « ♦ M 00 H o m m m Ov N w 6 00 «»/■!« ■♦ N O ♦ O ♦VO Ov m ►rvo* ^ m'vo'oo' ui M N VO lo n ♦ M CO M M M no O in m fo « in NO o On NO r-. 00 w w o* M o o <0^. 20! 4> t '« C 1-. O o «J a 3 o u o TJ 3 'is o 3 " 'J in C -«•§d «>.od d> d «' «' fo •♦ lovd tied d\ 3 u o •a 3 U U P |4 (/3 .9" u u O 1/1 4J owe X c a u 3 o &»8 s.a : ° - O « rt Sv L^ 00 I rr> rn i in O Ov N v5 4) >< C- T)-3 t ( T3 '^'^ E u O P 4J r 1 !^ rt u ^ u d , ^ rt Bj X •■ J rt u > o d t o e " <» II u 3 a o >• V V •5 S N pS .2 i O" -t4 3 p. 404 APPENDIX. ! Statement relaiing to the Area, Acres surveyed, and Acres disposed of, in the five Eastern Colonies of British North America, 1863. Province. Area in Square Miles. Acres Surveyed to Dec. 31, 1863. Acres disposed of by Sale or Grant to Dec. 31, 1863. Newfoundland 40,200 18,660 27,105 2,100 331,280 *I00,000 Nova Scotia *5. 748,893 7.551,909 *i, 365,400 39,331,791 New Brunswick 7,850,000 Prince Edward Island Canada 49,084,587 Total 419,34s 54,097.993 _ The figures marked with an asterisk (*) are not taken from official sources, but are believed to be approximately correct. There would thus remam 214,382,817 acres in the hands of the Crown. \ Population and its Rate of Increase. Province. ^1 ■Si 1. •si Rate of annual increase since previous Census — per cent. Estimated popula- tion, Jan , 1864. assuming ^the same rate of increase. NcM'foundland* 124,288 330,857 252,047 80,857 2,507,657 1857 1861 1861 1861 1861 1.50 1.82 2.60 2.07 3.48 I37,rxx> 349,300 272,*; 80 85,992 2,783,079 Nova Scotia New Bninswick Prince Edward Island Canada Total 3,295.706 3,628,151 • Including the Labrador Shore. _ The population is calculated to the end of 1863, (or beginning of 1864,) in order to arrive at a correct estimate of the Debt, Revenue, &c., of the several Provinces per head, for which see next page. Revenue, Expenditure, Debt, Imports, Duty and Exports in 1863. Province. Revenue, 1863. Expendi- ture, 1863. Funded Debt, 1863, less Sink- ing Fund held for its redemp- tion. Imports, 1863. Exports, Total Value. Total Duty. 1863. Newfoundland $480,000 1,185,629 899,991 197.384 9,760,316 $479,420 1,072,274 884,613 171.718 10,742,807 $946,000 4.858,547 S.702,991 240,573 60,355.472 $5,242,724 10,201,391 7,764.824 1,428,028 45,964.493 $483,640 861,989 *767,354 145.372 5.169.173 $6,003,313 8,430,968 New Brunswick Prince Edward Island Canada 8,964.784 1,627,540 41.8')I.4')3 Total, 1863 13,523,330 13.350,833 72,103,583 70,601,460 7.427,528 66,847,036 Canada, 1864 10,918,337 10,587,143 60,287,575 52,498,066 6,637,503 38,665,446 * There b also a duty oa Exports (Lumber) of $68,634. APPENDIX. 406 Calculations as 'o the Ra'tnuct Expenditure, Debt, Imports, ets,, per head of the Population in • iiihabitarits, so that the most Christian King cedes a .a iritt a .>,er the whole to the said King and to the Crown of Great Britain, and that in the most ample manner and form, without restriction, and without any liberty to depart from the said cession and guarantee, under any pretence, or to disturb Great Britain in the possessions above- mentioned. His Britannic Majesty, on his side, agi-ees tc grant the liberty of the Catholic religion to the inhabitants of Canada : he will consequently give the most precise and most effectual ■•MM APPENDIX. 415 ordei's, that his new Roman Catholic subjects may profess the worship of their religion, according to the rites of the Komish Church, as far as the laws of Great Britain permit. His Britannic Majesty further agrees, that the French inhabitants, or others who had been subjects of the most Christian King in Canada, may retire, with all safety and freedom, wherever they shall think proper, and may sell their estates, provided it be to subjects of his Britannic Majesty, and bring away their eflfects, as well as their persons, without being restrained in their emigration, under any pretence whatsoever, except that of debts, or of criminal prosecu- tions : the term limited for this emigration shall be fixed to the space of eighteen months, to be computed from the day of the exchange of the ratifications of the present treaty. 5. The subjects of France shall have the liberty of fishing and drying, on a part of the coasts of the Island of Newfoundland, such as it is specified in the 1 3th article of the Treaty of Utrecht ; which article is renewed and confirmed by the present treaty (except what relates to the Island of Cape Breton, as well as to the other islands and coasts in the mouth and in the Gulf of the St. Lawrence) : and His Britannic Majesty consents to leave to the subjects of the Most Christian King the liberty of fishing in the Gulf of St. Lawrence, on condition that the subjects of France do not exercise the said fishery but at the distance of three leagues from all the coasts belonging to Great Britain, as well those of the continent as those of the islands situated in the said Gulf of St. Lawrence. And as to what relates to the fishery on the coasts of the Island of Cape Breton out of the said Gulf, the subjects of the Most Chi istian King shall not be permitted to exercise the said fishery but at the distance of fifteen leagues from the coasts of the Island of Cape Breton ; and the fishery on the coast of Nova Scotia or Acadia, and every where else out of the said Gulf, shall remain on the footing of former treaties. 6. The King of Great Britain cedes the Islands of St. Pierre and Miquelon, in full right to His Most Christian Majesty, to serve as a shelter to the French fishermen ; and his said Most Christian Majesty engages not to fortify the said islands, and to erect no buildings upon them, but merely for the convenience of P!tT 416 APPENDIX. the fishery ; and to keep upon them a guard of fifty men only for the police. 7. In order to re-establish peace on solid and durable founda- tions, and to remove forever all subjects of dispute with regard to the limits of the British and French territories on the Continent of America, it is agreed that for the future the confines between the dominions of His Britannic Majesty and those of His Most Christian Majesty in that part of the world, shall be fixed irrevo- cably by a line drawn along the middle of the River Mississippi from its source to the Iberville, and from thence by a line drawn across this river and the lakes Maurepas and Pontchartrain, to the sea ; and for this purpose the Most Christian King cedes in full right and guarantees to His Britannic Majesty the river and port of Mobile, and everything which he possesses or ought to possess on the left side of the river Mississippi, except the town of New Orleans and the island in which it is situated, which shall remain to France ; provided that the navigation of the river Mississippi shall be equally free, as well to the subjects of Great Britain as to those of France, in its whole length and breadth, from its source to the sea, and expressly that part which is between the said Island of New Orleans and the right bank of that river, as well as in the passage both in and out of its mouth. It is further stipulated that the vessels belonging to the subjects of either nation shall not be stopped, visited, or subjected to the payment of any duty what- ever. The stipulations inserted in the 4th article in favour of the inhabitants of Canada, shall also take place with regard to the inhabitants of the countries ceded by this article. Treaty op Versailles, 1783. 4. His Majesty the King of Great Britain is maintained in his right CO the Island of Newfoundland, and to the adjacent islands, as tha whole were assured to him by the thirteenth article of the treaty of Utrecht, excepting the islands of St. Pierre and Miquelon, which are ceded in full right by the present treaty to His Most Christian Majesty. APPENDIX. 417 5. His Majesty the most Christian King, in order to prevent the quarrels which have hitherto arisen between the two nations of England and France, consents to renounce the right of fishing, which belongs to him in virtue of the aforesaid article of the treaty of Utrecht, from Cape Bonavista to Cape St. John situated on the eastern coast of Newfoundland, in fifty degrees north lati- tude ; and His Majesty the King of Great Britain consents on his part, that the fishery assigned to the subjects of His Most Christian Majesty, beginning at the said Cape St. John, passing to the north, and descending by the western coast of the island of New- foundland, shall extend to the place called Cape Raye, situated in forty seven degrees fifty minutes latitude. The French fishermen shall enjoy the fishery which is assigned to them by the present article, as they had the right to enjoy that which was assigned to them by the treaty of Utr-echt. 6. "With regai'd to the fishery in the Gulf of Saint Lawrence, the French shall continue to exercise it conformably to the fifth article of the treaty of Paris, Declaration. The King having entirely agreed with His Most Christian Majesty upon the articles of the definitive treaty, will seek every means which shall not only insure the execution thereof, with his accustomed good faith and punctuality, but will besides give, on his part, all possible efficacy to the principles which shall prevent even the least foundation of dispute for the future. To this end, and in order that the fishei-men of the two nations may not give cause for daily quarrels, His Britannic Majesty wDl take the most positive measures for preventing his subjects from interrupting in any manner, by their competition, the fishery of the French during the temporary exercise of it, which is granted to them upon the coasts of the island of Newfoundland ; and he will, for this purpose, cause the fixed settlements, which shall bo formed there, to be removed. His Britannic Majesty will give orders that the French fishermen be not incommoded, in cutting the wood necessary for the repair of their scaffolds, huts, and fishing vessels. 418 APPENDIX. The thirteenth article of the treaty of Utrecht, and the method of carrying on the fishery, which has at all times been acknow- ledged, shall be the plan upon which the fishery shall be carried on there, and it shall not be deviated from by either party ; the French fishermen building only their scafiblds, confining them- selves to the repair of their fishing vessels, and not wintering there ; the subjects of His Britannic Majesty, on their part, not molesting in any manner the French fishermen during their fish- ing, nor injuring their scafiblds during their absence. The King of Great Britain, in ceding the islands of St. Pierre and Miquelon to France, regards them as ceded for the purpose of sei^ving as a real shelter to the French fishermen, and in full con- fidence that these possessions will not become an object of jealousy between the two nations; and that the fishery between the said island and that of Newfoundland, shall be limited to the middle of the channel. ' n Counter- Declaration. The principles which have guided the King in the whole course of the negotiations which preceded the re-establishment of peace, must have convinced the King of Great Britain that His Majesty has had no other design than to render it solid and lasting, by preventing as much as possible, in the four quarters of the world, every subject of discussion and quarrel. The King of Great Britain undoubtedly places too much confidence in the upright- ness of His Majesty's intentions, not to rely upon his constant attention to prevent the islands of St. Pierre and Miquelon from becoming an object of jealousy between the two nations. < -; . ■' As to the fishery on the coast of Newfoundland, which has been the object of the new arrangements settled by the two sovereigns upon this matter, it is sufficiently ascertained by the fifth article of the treaty of peace, signed this day, and by the declaration like- wise delivered to-day, by His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary; and His Majesty declares that he is fully satinfied on this head. APPENDIX. il9 5 method acknow- 3 carried rty ; the ig them- rintering part, not beir fish~ fc. Pierre irpose of full con- jealousy the said I middle course f peace, Majesty ting, by world, Great ipright- onstant n from as been ereigns article an Tike- issador eclares In regard to the fishery between the island of Newfoundland and those of St. Pierre and Miquelon, it is not to be carried on, by either party, but to the middle of the channel; and His Majesty will give the most positive orders that the French fishermen shall not go beyond the line. His Majesty is firmly persuaded that the King of Great Britain will give like orders to the English fishermen. The other articles and stipulations of these treaties have np bearing upon Canada. ^ • ■ The 14th Geo. III., cap. 83, A.D. 1774— "An Act to make more efiectual provision for the government of Quebec" — gtiaran- tees to the Canadians the exercise of the Roman Catholic Reli- gion, subject to the royal supremacy. Sec. 5. — And for the more perfect security and ease of the minds of the inhabitants of the said Province, it is hereby de- clared, That His Majesty's subjects, professing the religion of the Church of Rome, of and in the said Province of Quebec, may have, hold, and enjoy the free exercises of the religion of the Church of Rome, subject to the King's supremacy, declared and established by an Act, made in the first year of the reign of Queen Elizabeth, over all the dominions and countries which then did, or thereafter should, belong to the Imperial crown of this realm; and that the clergy of the said Church may hold, receive, and enjoy their accustomed dues and rights, with respect to such per- sons only as shall profess the same religion. 420 APPENDIX. C3 •p9io\dm» USUI JO jsquinjii O H < u o o •J .2 bo a ■•3 a -a •^ .9 o O < M CO u> H > O o ^^ (A U M M O tnc«moor«mnioc4^rom fT M* fo lo h" ^^o" h ©©■♦OWMcnoNQOOO O >0 ♦ CJi ro>o «^ t^ ■♦ f^oo, Oi>0 moo ^o ooo n 0\^o 0\^o oo t^ Ot • in iH CTi Tt- c^ o\Q0 CO o> ■♦ 000 M >0 « « « o H o h ooooci"«-«r»io«oooo\ roxO iH M tCoo"oo ^" tC tCvo rn in inoo" tloo Mli'Ot-MO'CO CO 8! 00 ^ O "1 0\ moo 00 m Q m M <# lO o" ^ N H m H CI rr. ^ O v8 o o H o ;z; a o ;z; c o H o ?2i M ^ -^ rs r^ tx ro o\oo m ox m WHvooxHrOMin -^xo M « MHMmHint^ ro hh m m ■* O n m M O « M « OS « 00 O Ox mvo M 00 m m -^eo 0\ r^ tvOO VO M OvXO M H t~ tv tvoo in Ox M h» H oxin ■♦xo « M t~ xo ro H H mmNOMinM'* HMWMXONOMn xo xo xo ox inxo M N tloo" o' t^ n" ■♦ xo t^ « Ox fn OXOx-X-f^tvO ■♦•* xo 1^ H N t^ M m H in t^ oocoM*«t~Oxooooo. rnxo O in M ^xo cnoo oo m -^oo Ox r^ K>oxo o mmcow oxxo m m tCoo'oo' rC tC tC h" fo in inoo* tCocT WHxot^NOxOx m M ^■^t^ts.ts.H MOO moxw « M xo Ox M m t^xo ♦xo f> « WMMfOMin^ fO MM ^ r^ 0\ « ^0 ro in m M 0\ On M ^ \p Aco cT *o lO 0\ o I O xo 1^ ox 00 00 M t^ ■♦ "1 1^ ■<»• '^OODO M m rx t^ t^ 00 xo m M « Ox « x8 O •<-ooxo oo w rn ■♦MM in « Oxxo « M Ox ♦ H O mxo x8 Ox ro ♦ CO M O 00 CO »o m o ^ O t^ t- 1 Ox t» M ^xo t^ ox xo m ( xo m ( Mooxo r^ 00 n Nra ♦ ♦00 O PQ M APPENDIX. 421 ■3" I o A M N •5 ■a'-i >-~v s « O •|gM §|S o.g ■ o"! . e 3 M ' u O CO :: » e> (X, 00 •^ a Is II |.s a.s M u As TO THE Country West of Fort Garry — (Chap. IS, page 377). Sir George Simpson speaks in glowing terms of this portion of the Saskatchewan Valley. He says : " The rankness of the vegetation savoured rather of the torrid zone, with its perennial spring, than of the northern wilds — brushing the luxuriant grass with our knees ; and the hard gi'ound of the surface was beauti- fully diversified with a variety of flowers, such as the rose, hyacinth and tiger lily." Lieutenant Saxon depicts the scenery of these fertile valleys as magnificent, and the banks of the rivers on either side luxuriant beyond description. He says : " Vast forests cover the hill-tops . and till the valleys ; the climate is mild, and cattle keep fat in winter as well as in the summer on its nutritious grasses." In a work called " Eighty Years' Progress in British North America," edited by Hind, Keefer, Hodgins, Robb, Perley and Murray, is the following description of the Fertile Belt, a part of the prairie plateau of Rupert's Land : "The Fertile Belt of the North- West consists of the richest arable soil, partly in the form of open prairie, partly covered with groves of aspen. It stretches from the Lake of the Woods to the foot of the Rocky Mountains, about eight hundred miles, and averages from eighty to one hundred miles in breadth. The North Saskatchewan flows through this fertile belt in a valley varying from one-fourth of a mile to one mile in breadth, and excavated to the depth of two or three hundred feet below the level of the plains or prairie through which it flows, until it reaches the low country some miles east of Fort La Come. The area of this remarkable strip of rich soil and pasturage is about 40,000,000 acres. It was formerly a wooded country, but by successive fires it has been partially cleared of its forest growth, but abounds with the most luxuriant herbage, and generally possesses a deep, rich soil of vegetable mould. The winter of this region is not more severe than that of Lower Canada. The snow is never very deep, and in the wildest tracts the natural pasturage is so abundant that horses and cattle may be left to obtain their own food during the greater part of the winter. This perennial supply of food for cattle might have been predicted from the fact that the North Saskat- APPENDIX. jwan, west of Carlton, supports vast herds of buffalo during the nnter season ; and formerly the whole of the Fertile Belt used to be the favourite winter quarters of countless herds, who fattened on the rich abundance of the natural grasses — scraping the snow away with their feet, and never failing to obtain abundance of well preserved hay beneath. The whole of the Fertile Belt is well fitted for settlement and agricultural colonization." i - As TO Land and Route prom Lake Superior to Fort Garry. 1. Mr. Ryerson says: "Along the banks of Rainy Lake are large quantities of as rich land as can be found in America." 2. As to the Lake of the Woods and Rainy River — "Sir Geo. Simpson describes this country as a gentle slope of green sward, finely wooded." jff Again — Around this lake "the shores are low, with grassy intervals far inland." 3. Where the Winnipeg River, running from the Lake of the Woods, joins the Winnipeg Lake, at Fort Maurepas — Mr. Ryerson says : " This district is very ricli — spring wheat being grown here to perfection." 4. Of the land lying between Fort Garry on the Red River and the Lake of the Woods — Capt. Pope says : " The Red River valley is an unbroken level of rich prairie, intersected by well timbeied tributaries. Elm, oak, maple, ash, &c., abound. From richness of soil, uniform surface, and water, it is among the finest wheat countries in the world. All the cereals and vegetables grow in abundance. Climate salubrious." " The soil," says Sir Geo. Simpson, speaking of the same place, " is a black mould, producing extraordinary crops ; the wheat being plump and heavy ; it returns forty bushels to the acre." See Dawson, from pages 1 to 29. Captain Palliser's Observations. The basin of the Winnipeg is 920 miles long by 380 wide, and contains about 360,000 square miles — about as large as Canada. APPENDIX. 423 Of this the Fertile Belt, consisting of the richest arable soil, stretches from the Lake of the Woods to the foot of the Rocky Mountains — 800 miles, by 80 to 100 in width. The area of rich soil and pasturage is 40,000,000 acres; weather not more severe than Canada (Lower); and pasture so abundant that horses and cattle may be left to themselves during the greater part of the winter. There is a large portion of this Fertile Belt entirely distinct from Rupert's Land. The valleys of the Assiniboine and Sas- katchewan contain 65,000 square miles of cultivable land, of which 27,000 or 17,000,000 acres are at once available for the agriculturist. (Chap. 12, page 392.) MEMORANDUM RESPECTING THE FINANCIAL POSITION OF BRITISH NORTH AMERICA, REVENUE AND EXPENDI- TURE, FOR THE LAST FINANCIAL YEAR, i866. REVENUE. Canada $12,432,748 Nova Scotia 1,665,071 New Brunswick 1,212,021 $15,309,840 EXPENDITURE. Canada $11,711,320 Nova Scotia (about) 1,600,000 New Brunswick 1,080,047 14,391,367 ; ' ' , Surplus '^918,473 .- ■: ' *. N.B, — MILITIA EXPENDITURE, — LAST YEAR. Canada $1,638,868 Nova Scotia 156,460 New Brunswick 152,148 1,947.476 PUBLIC DEBT OF CANADA WILL BE — Ontario and Quebec $62,500,000 Neva Scotia 8,000,000 New Brunswick 7,000,000 77,500,000 424 APPENDIX. CHARGED ON PUBLIC DEBT, — LAST YEAR. Canada $3,692,412 Nova Scotia 297,580 New Brunswick 349,283 After Union, will be about . TRADE AND SHIPPING. — IMPORTS. Total Canada $48,610,477 Nova Scotia 14,381,662 New Brunswick 7»o86,595 $70,078,734 EXPORTS. Canada $S3.93o.789 Nova Scotia 8,830,693 New Brunswick 5>534>726 $68,296,208 4.339.27s $4,350,000 From Great Britain. $28,984,599 6,315.988 2,284,449 5^37, 585,036 $12,766,668 764.472 2,594,651 $16,125,791 Exclusive of Coin and Bullion. TONNAGE, — ENTRIES INWARDS. Tons. Canada 938,946 Nova Scotia 929,929 New Brunswick 807, 161 OUTWARDS. 2,676,036 Tons. Canada i, 1 13,386 Nova Scotia 772,017 New Brunswick 754,876 2,640,279 Tons 5,316,315 ' . SHIPPING OWNED IN Tons. Canada 230,429 Nova Scotia 403,409 New Brunswick 309,695 Tons 943,533 4.339,275 14,350.000 tat Britain. 58,984,599 6,315,988 2,284,449 57,585.036 2,766,668 764,472 2,594,651 [6,125,791 Tons. 938,946 929,929 807,161 2,676,036 2,640,279 5.316,315 Tans. 230,429 403,409 309,69s 943,533 INDEX. Action of Imperial Government on Union undecided, 15 — Decided, 16 — On Confederation, 127 — On Colonial Taxation, 351-2 — On British and Foreign Trade, 153, 342, 352 — On Intercolonial Trade, 345-6-7 — On British American I nterprovincial Trade, 347 — On the West India Trade, 344, et seq — On the Intercolonial Railway, 13, 14 — Final guarantee on cost of Construction, 392 — On the Boundaries with the United States, 13, 188 — Effect of action as to future veneration of name, 129. Action of Canadian Government on Re-construction in 1865, 295 — Do. on Confederation on opening Parliament, 194 — Do. on Education Bill, 367. Acrobats, Political, 381. Additional Clauses in British North American Act, 1867, 387. ' . Admission of North West Territories and British Columbia, 60, 67. Adjustment of Financial arrangements, 62. Adderly's Speech, 162. ■ . Allison's Pamphlet, 168. Alabama Claims, i88. ' American Citi zens in Ottawa, 107. - American Zolverein, 357. ,; Annexation, 188, 357. y-. Appeal, Court of, 64, 72. * ' : v , ^ Apportionment of Powers, 62. Arbitration between Ontario and Quebec, Provision for, 369— Dorion's refer ence to, 241— Langevin's do., 265— Gait's do,, 219, 220-1-2— Dunkin's do., 278. Archibald, 15, 29, 50,90. /. . v , Army, Canadian, 364. Arthur, H. R. H. Prince, 364. ; ■ - ; . ,u . Ashburton Treaty, 13, 187, :h •.■,/. *?;.:■/ V Asiatic Trade, \%2, et seq. I.t ' ■ n . >: Assent of Imperial Government, 127. Baldwin, 11. Banquet at Quebec, 82; do. at Montreal, 90; do. at Ottawa, no; do. at Toronto, 114. Baring's Speech, 163. Belleau, Sir N. F., 293. Blackwood, 191. Boilleau, Baron, 352. Boston Commercial Bulletin, 149. Bouchette's Statement, 177. Breadstuffs, 177. 28 426 INDEX. British Colonies, Reciprocal arrangements with, 355. British Columbia, 60 — Admission of, 67, 198. • British Navy and Foreign Representation, 189, 190. British Prudence, 190. Brazil, 353-7-8- Brown, Hon. Geo. — ^Joins Government (1864) 20-29 — Speech at Halifax, 33 — Council nominative, 60 — Speech at Toronto, 118 — Negotiations for Reconstruction of Cabinet on death of Sir E. P. Tachd, 287 — Resig- nation, 305 — Parliamentary explanations, and Speech on do., 313 — ■ Reasons examined, 325 — Subsequent conduct, 329 — Painful termination, 330 — Speech on Representation by Population, in debate on Local Con- stitutions, 371. Campbell, Hon. Alexander, 30, 50. • ' Campbell, Stewart, 394. Canadian Dead Lock, 20. •' Pride, 190. ^ ' Canada, Lower — Electoral Divisions of, 58. Canada not dependent, 198. Capital of Dominion, 105. Cartier, Hon. George E., 16, 19, 26, 30 — Speech at Halifax, 43 ; at St. John, 46 ; at Montreal, 99 — Langevin's tribute to, 258 — Action on Militia, 365. Carter (Newfoundland), 50 — Speech, 117. Chandler, E. B., 29, 50, 53. Charlottetown Convention, 29. Chapais, 50, Civil Law — Lower Canada, 63, Climate of North-Western Territories, see Appendix. ciive, 394. ' ;, •■■! , .>.,: „ .■ -^ - . ... ,,; ■■, , Closed doors at Convention, Prince Edward Island, 30 ; at Quebec, 53. Coasting Trade, 157 — In case of Treaty with the United States, 298 — Ditto with Brazil, 353 — British and Canadian legislation on Do., see Appendix. Colonial Imperial Policy, 9. . ,. , 'V " Secretary — Despatch, dated 1864, 127. ^ ,•> .; . J^., Kf ■■ " Taxation — Gait on, 350. ^ ,. . Coles (Prince Edward Island), 30,51 — Speech, I12. ?,;, ,5; Cockbum, 50. ,h'v ' Committee on Commerce — United States Congress, 172. Commission to West Indies and Brazil, 336. Commons, Representation in, 58, 59, 60 — By the Quebec Resolutions, 68 — By the London Conference, 387 — By the British North American Act, 1 867. Confederation, Imperial, 354. Confederate Council on Commercial Treaties, 296. Confederation — Objections to, by different parties, 158. Concurrent Progress, n. Concession to Canada of increased powers, 359. Contrast of source of power with the United States, 55, 56. INDEX. 427 Constitution of Local Governments of Upper and Lower Canada, 367-8. Crisis, P'inancial, 62. Crown Lands, 62, Corruption of Canadian Statesmen, 395. Currie, 200. Custom of Ancient Germans, 81, Danubian Grain-growing Principalities, 375. Dead Lock, 20. Death of Sir E. P. Tach6, 285. Debate in the old Canadian Parliament on Confaleration in 1865, 198— Cha- racter of, 196-7-8 — Divisions on, 201-2. , Defence, 188, 332. Denison, Mijor, 362, Delegates, Conduct of, after return to Provinces, 380. Delegation at Charlottetown, 29, " at Quebec, 50. Deputation to Washington, 298. to England on l>efence — Report, 332. *' to London on Confederation, 380-5. • - Derby's Letter, 192. Despatch to Lord Elgin, 154. ' . , Despatches, Imperial, on Trade, 154-6, 342-5. on Confederation, 127, 333. , , Dickey, 29, 50. ' ■ Differences of Quebec and London Resolutions, 00. Differences of ultimate Bill, 387. D'Israeli, Speech of, 164. Direct Taxation, 61. Diplomatists, English and American, 188. Doors closed at Conferences, 30, 63. ' - ' Dorion's Speech, 196-229— Motions and Divisions in debate on Local Consti- tutions of Ontario and Quebec, 269-70. Droppings by the way, 184-5. ' ; A: Dual Representation, 393. - Dunkin's Speech, 271— His description of a judge, 275-6. Dundas, Lieutenant-Governor, Prince Edward Island, 31. Durham, Lord, 12. Dyde, Colonel, 365. » ' .' Eastern Trade, 182-7. Eccles Hill, 364. , . Education of the public mind, 80, 89. " Bill, Lower Canada, 365-6. Effect on Imperial Policy of Trent affair, 16, 304. of Separation on Great Britain, i8i-9o» on Canada, 187-90, (< 428 INDEX. Electoral Divisiuns of L )wer Canada, 58. y i . : Elgin, Lord, IDS, 155. . .. Empire in Asia, Tovrens, 394. England, Sentiment in, on Confederation, 130-37 — Vulnerability in war, ott account of Commerce counteracted by possession of Colonies, 185-6-7. Englishmen, Character of, 81. . Esquimault, 18C, Exception in favour of Prince Edward Island, 64. Exports, Canadian, '76-0. Export Duty in N ,, Brunswick, 65. Expiry of old Canadian Parliament, 372, Federal Union, 55. Fenian Invasion (1866), 361-5. ' Financial Statement, A.D. 1864 — J^^ Appendix, 398. . .;. " " " 1866 •' 42^ . , First of July, 1867. Fisher, (New Brunswick), 49, 115. ~ ' ■■V 1 Fisheries, 71, 183 — Value of, see Appendix. Formation of London Conference, 385. Forsyth, James Bell, 85. Foreign Countries, Reciprocal arrangements with, 355. «* Trade, 353. '" ' Free Trade, 173. * Frontier disputes, 1 3. Future consideration of New Brunswick and Nova Scotia contests, 335. Gait, Policy (1858), 15; at Charlottetown, 31; at St. John, 47 — Financial Statement for 1864, see Appendix — At Ottawa, 113; at Quebec, 85; at Montreal, 102 — Speech in Debate in Parliament of Old Canada, 215 — Explanations and Memorandum on Brovm's resignation, 321 — Instructions on West Indies Commission, 336; on Colonial Taxation, 348, 350; on Education Bill, 372 — Resignation and subsequent conduct, 365-6. Gatineau Hills, 106. Germans, Ancient custom of, 81. ... . Glasgow manufacturers, Remonstrance of, 156. , , Governor-General's Speech, 194. /" Gordon, Lieutenant-Governor, New Brunswick, 32. Grain growing countries of Europe, 375. ' ;' Grant's, Message of President, 183. !^ Gray, (Prince Edward Island) 16, 29, 56, 92. Gray, (St. John) 29, 46, 50, 92. Great Britain not called upon for local or internal expenses, 152, 1 89. Halifax, Banquet at, 32 — Fortifications of, 186 (Appendix, 409) — Ovation to Canadian Deputation, 285. Haviland, (Prince Ed v/ard Island) 49, 51, 99. Hastings, Warren, 394. Haycock and Jones, 104. T INDEX. 429 ■. ^ . . - J :{T Head, Sir Edmund, 105. Henry, (Nova Scotia) 29, 50, 1 10. ^ Hincks, 14, 173-4-5. Holton, 196, 226. . ; ; Howe, II, 12, 14, 15 (Appendix, 409). , Howland-Washington Negociations, 298; on Brown's resignation. ^2? Honours, Imperial, 394. ' o J- Hope, Admiral Sir James, 32, 33, Hunt's Masazine, 184. Imperial Policy on Union undecided, 15, i6. " Decided, 16, 17. Confederation, 354 Despatches on Intercolonial Trade, 154-6, 342-5 ;-on Confederation, 127, 333- Imports, 174-6-7-8-9. Independence, 188. Intercolonial Railway, 13, 14, 15, 78. ** Trade, 346, Free Intercourse, 354. Interprovincial Trade, 347. Intercontiaeatal Carrying Trade, 184. Increased Responsibilities of Canada, 359, Irritative Effect of English Writers, Pamphlets and Speeches on Separation, 17,. Joly, 196, 242. ,. , .,. Johnston (New Brunswick), 29, 50, 112. • Jones (North Leeds), 371. Jones and Haycock, 104. ; - is- :.y^ . Judiciary, 63. '' Judge, Dunkins' description of a, 275-6. , Kingston, 105. •- , La Bruyere's sarcasm, 396. Lands, Crown, to Provinces, 82. Langevin, 30, 50, 106 ;— Speech, 248. Laval University, 86-7-8, Lewis, Sir Cornwall, 162. " .,•--. Letellier de St. Just, 200. "~ .•...;. Legislative Council and Assembly, L.C., 367. * ..,,,., " Assembly, U.C, 367. Lieutenant-Governors, Primary Appointment, 368-9. Lincoln, President, Assassination of, 285. Lindsay, Major- General, 364. Local Constitutions of U. and L. Canada, now Ontario and Quebec, t67 Londoner and Indian, 188. ^ » a /• Loss on Separation, 190. Lowrey's Pamphlet, 178. ^ \' 430 INDEX. Lumber Establishments at Ottawa, 107. Lyell, Sir Charles, 106. " , • • . Macdonald, Hon. John A., 20, 30, 43, 50, 55 — Speech in debate, 202 — Negotiations with Brown on the death of Sir E. P. Tach6, 287— Explana- nations on Brown's resignation, 306-311 ; on Local Constitutions of Onta- rio and Quebec, 367 ; at London Conference, 385 — Imperial honour, 394. Macdonald, Sandfield, 18. Macdonald (Prince Edward Island), 30,51. Macdonnell, Sir Graves, 32, 90. Macdougall, William, 28-30, 348. Macdougall,.Major-General P. L., 365. Mackenzie — Limitation of Local Executive Council, 369 — On Representation by Population, 371. Maritime Provinces, Union of, 17, 29. Ministerial Explanations in 1864, 20 — Do. on Sir N. F. Belleau joining the Government, 293. Ministerial Deputation to Charlottetown, 30. Mitchell, 50. Mining Region, 376-7, Mines and Minerals, 62, 76. McCully (Nova Scotia) 29, 50, 1 14. McGee, D'Arcy, loi. McKellar, 372. Mowatt, 28, 50. Morris, 20, Montreal, 89. Newfoundland, Crown Lands in, 64. Newspapers. — London Daily Telegraph, 130— London News, 132 — London Star, 134 — London Times, 135, 166-7-8 — London Economist, 143 — Peterhead Observer, 133— Glasgow Mail, 137 ; Caledonian Mercury, 139 — Liverpool Journal, 147 — Boston Commercial Bulletin, 149. North-West Territories — Productiveness of climate, character and extent, set Appendix. North-West Territories, Communications with, 78. . ^y, -^' Ontario, Public sentiment in, 103-4. Ottawa— Banquet, 104-110— As Capital, 105— Federal District, no— Legis- lation for Washington, 109. Odessa, 375. , ,- ^. _ , ^ ^^ Pacific Railway, 375-6-7. ' Oirvivv. .•. Palmer (Prince Edward Island), 39, 51 — Speech, 117. Palmerston, Lord, Speech, 165. Panmure, Lord, Telegram, 396. Patterson's statements, 176-8-9. Papineau, 11. Peacock, Colonel, i6th Regiment, 362-3. INDEX. 431 Pope (Prince Edward Island), 51, 124. Pope (Canada), 20. | Political storm in New Brunswick and Nova Scotia, on return of Delegates, 124-5- Press, Conduct of, 80, 81. Prince Edward Island Convention, 29 — Renewed proposition to, from London, 384. Provinces, Voting by, 54-5. Pumpelly, 180. Public men, Accountability of, for public statements, 89, Quebec, 51. Quebec Conference, 49 — Remarks on time, place and circumstance, 51-2 On men composing Conference, 52-3. Rankin, 371. Resignation of Mr. Brown, 305, Representation by Population, 57-8-9-60, 371-2. ■ Resolutions, Quebec, 66. Return of Delegates to New Brunswick and Nova Scotia, 124. Reciprocity — Farming interests of Upper Canada under, 295. Registration of Ships in Brazil, 353. Representation in Imperial Parliament, 354. Representatives — House of. United States Congress Report as to Canada, 172. Ritchie, 296. . . , J .,. , Roebuck — Speech, 160. • Rose, 196, 259. . Robertson Ross, Colonel, 365. Russian Interoceanic Railway from China, l8o. Sanborn, 200. ' > Severance of Canada from Great Britain, 171 to 191. Seward, 148. Senate, Primary selection of, 64 — Increase of, 387. Shanly's Speech, 196, 281. Shipping (Appendix), 420. * . Shipping, American loss of, attributed to, i8l. . Scotland, Sentiment in, 137-8-9, 140-I-2-3. Shea (Newfoundland), 50, 96, 296. ' Smith, A. T., 298, 301. Smith, William, 336, 340. .. Separation, 1 71-91. .. , Sixtieth Rifles, 364, Sixty-ninth Regiment, 364. Somerville, Alexander, 362. South America, Subsidising steamers to, 356. Statesmen, American, views ot British Trade, 181, 192. States' Rights, 57. M M * i -,«, f* 432 INDEX. .'T-t ■i::j\ Steves, W. H., 29,50. * ■ -^bi; ' ' :• Suez Canal, 184. , ■» " r,; < Tachd, Sir E. P., 14, 50, 53, 195-8, 285-6. Taxation per head, Great Britain, Canada, and United States, 174-5. Tariff uniformity, 356. Tea Trade, 178-9. '?: « Tilley, 29, 49, 50, 62, 84. ,:;:;,. Times, The, 135, 166-7-8. - ,- ; Thunder Bay Mining Region, 376. Topography, 362. '■■' , ■ ,'.•; j\' "' Torren's Empire in Asia, 394. . , ■ v f „ - Toll Gates, No, in the Maritime Provinces, 61. " ""< ;- Toronto, 104, 114. Trade, 353-5 — Suggestions for Intercolonial and Foreign, 356 — Do. of Canada, Australia, and New Zealand, as comparative customers of Great Britain w^ith the United States, 176 , . ,. . * .. Transitu, Goods in, 183. , Transport of Western Traffic through Canada, Interest in, 184. Treaty of Washington, Negotiations for Renewal of, 298-9, 300-1. Treaties of Paris and Versailles, see Appendix. Trent Affair, 16, 303 Tupper, 29, 32, 50, 62, 88. . . ^ V ; ^ . , Upper Canada College, 114. " , " University, 114. ;. ; .. , , , " f " Memorial to Students of 365. ,.,;•- Uniformity of Laws, 63, 71 — Hon. John A. Macdonald on, 212. Tariff, 356. United States, Dread of; 188. Value of Colonies to Great Britain, as consumers, compared with the United States, 175-8 — As Rendezvous for Fleets and Commerce in case of War, 186. Vancouver Island. Washington City, 109 — ^Treaty, 299. War, Light of, 185-6-7-8-9. Warren Hastings, 394. West India Commission Report, 340. " Indies,* Subsidizing Steamers to, 356. Whistler at the Plough, 363. Williams, Sir Fen wick, 89, Wilmot, L. A,, II " Duncan, 296. Wilson, John, 13. Young, Hon. John, 14. ^ Zolverein with the United States, 357. :\ Canada, t Britain J United case ed of W ERRATA. PagciSo, line .6, for -turn" read "time" .. '"*' " '9- " "has" " .-have." ^^ '77, •' 3. dele '