YALE UNIVERSnv LIBRARY 3 9002 06680 9840 m^jwc S\ J.'iT'i IV ¦''¦"' '\ ,^ ¦ km YALE UNIVERSITY LIBRARY CONrEDERATION ; OR, THE POLITICAL AND PAELIAMENTAET HISTOEY OF CANADA, FROM THE CONFERENCE AT QUEBEC, IN OCTOBER, 1864, TO THE ADMISSION OF BRITISH COLUMBIA, IN JULY, 1871. IN TWO VOLUMES. BY THE HON. JOHN HAMILTON GRAY, D.C.L., M.P. Umpire between. Great Britain and the United States under the Treaty of Washington I 857-1858. H. M.'s Comm.issioner on the Tenant Question in Prince Edward's Island, i86o-i86i. Dominion Arbitrator between tJte Provinces of Ontario and Quebec, under the British North A?nerican Act, 1867. Formerly Attorney-General, and Speaker of the House of Assembly in New Brunswick. One of the Delegates to the Charlotte Town and Quebec Conventions, in 1864. And Member for the City and County of Saint John, New Brunswick, from 1S50 to i.Zt2. FIRST VOLUME. TORONTO: COPP, CLARK & CO., PRINTERS, KING STREET EAST. 1872. Entered according to Act of Parliament of Canada, in the year one thousand eight hundred and seventy-two, by John Hamilton Gray, D.C.L,, M.P., in the Office of the Minister of Agriculture. TO THE MEMBERS HOUSE OF COMMONS CANADA. " St quid novisii rectius istis, Candidus imjierti. Si nottr-his utere mecum." Hor. Epist. 6. J. H. GRAY. Ottawa, April ii, 1872. COITTEIirTS. 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 — Brovfn joins the government ih 1864 — Ministerial explanations — Movements in the Maritime Provinces towards Legislative Union — CharlottetoviTi Convention — Attendance of Canadian Ministers — Dis cussions — Halifax — Macdonald and Brown's speeches — Saint John — Cartier and Gait — A.D. 1776 to 1864. CHAPTER II. Meeting of Delegates at Quebec, October 10, 1864 — Reflections on the time, place and circumstances — American 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, territorial and nominative — Provision for primary selection — Admission of North-West Territories and British Columbia — Adjustment of the financial arrangements — Direct taxation 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 Caiiada — 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. Public sentiment in Upper Canada (now Ontario) — Selection of Ottawa as the seat of Government — Description — Reasons for — Propriety of — Ultimate fiiture and requisites for, as the Capital of the Doniinion — 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 Bruns-nHck — 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 1 84&— Objection to policy by manufacturing interests in England and Scotland— Reiteration of poUcy by the Imperial Government Excep tional and liberal conduct towards the Provinces iu 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— Sii: Cornwall Lewis— Mr. D'Israeli— Lord Palmerston, and CONTENTS. Vll Mr. Baring — The Times —Pamphlets — Irritative effect in Canada — - Examination of the subject — Position 20 years hencQ — 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. Tache — 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 Wa,shington 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 ^ejection 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. 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 ¦Vm 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 France — Remon strance — Removal of Baron Boilleau — Importance of Trade question — Necessity of concession tq 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. CHAPTER XI. The Fenian Invasion of i866 — 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 by Population — Address to the Queen — Announcement of Deputation — Expiry of the Parliament of Old Canada-A. D. 1866. CHAPTER XH. 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 — 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— Charge of corruption against Canadian statesmen— First of July, 1867— A.D. 1866 and 1867. CONFEDERATION : OR, THE POLITICAL AND PARLIAMENTARY HISTOEY OF CANADA, ¦ FROM OCTOBER, 1864, TO JULY, 1871. 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 — Cartier and Gait — A.D. 1776 to 1864. The policy of the Imperial Government towards its possessions in British 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 hostile tariffs fostered local prejudices and created divergent interests. Thirty-five years 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 corn 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 hetter 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 shoidd 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. Having 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 had 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 development 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. CONFEDERATION. 1 1 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 few 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, irrespective of the wishes of the people whose interests they were to serve. Sustained, though condemned, the ofiicial retained his place. " Hie est dcminatus inani judicio at tu victrix Provinda 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 officers, and the constitutional selection of ministers responsible to the people of the country for the administration of local affairs. Theirs 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 Lieutenanl^Govemor, 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 knowledcfe 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 cHmate and great natural advantages 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 narrow policy of Provincial isolation; and thinking minds, in advance of their time, conceived that if all the Provinces' of British North America were united, Avith a common tariff and an unrestricted internal trade, a similar result, to a certain extent, might be obtained. CONFEDERATION. 13 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 directioii of Major Yule, an officer of the Royal Engineers. This line, though countenanced by the British Government, owed its coStompIS^tion more to its commercial than to its military impor tance. Its course was comparatively straight 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 w^hich war was only averted by the prudence of Sir John Harvey and General Scott — ^terminated in disgraceful concession. The "Ashburton capitulation," as Lord Palmerston called 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 bomidary, 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 Ajnerican 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 Government 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, 14 CONFEDERATION. but declined granting Imperial aid ; and a survey and exploration of a line from Halifax to Quebec, through the northern part of New Brunswick, made at the joint expense of the three Provinces of Nova Scotia, New Brunswick and Canada, under the direction of Major Robinson, 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 undertake 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 construction through New Brunswick of lie 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 buUt 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 file 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 orio-inally offered. CONFEDERATION. 15 Though, owing to these different 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 efforts had also been repeatedly made by the several Governments to bring about a union of postal and fiscal regulations, and a similarity of tariffs, but the local necessi ties of each, and the supposed divergence of interests, had rendered those efforts ineffectual. No serious attempt, however, at a pohtical union had been made ; but the public mind was rapidly expanding both to ite 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 rivalry 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 Parhament, 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 made a cabinet question ; 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 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 Ross 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 terms that Her Majesty's Government was not prepared to announce any definite policy on this question 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 country, both by the public, by Parliament, and by Her Majesty's Government, with no other feeHng than an anxiety to discern and promote any course 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 the 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 was 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 inteo'- rity of the Empire was to be preserved, but the outlying frontier was to be mainly instrumental in preserving it. Union, received an astoundmg impulse. It perhaps never before occurred that two independent bodies, moving in their own orbits, so suddenly' and so simultaneously received an influence from different causes CONFEDERATION. 17 impelling them in the same direction, 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. Both 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 enthusiast's dream, suddenly sprang into a tangible creation, "rudis indigestaque moles" at first, but soon to be moulded into shape, each fragment taking its proper place, each individual part fitting to its proper sphere, and standing forth a compact and substantial fabric. Li the winter of 1864, though the public mind was thus agitated, all reasonable hopes of effecting any arrangement 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 purpose 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 4ivergent. 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 hundred thou- 18 CONFEDERATION. sands (nearly half a million), without ha^^ng 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 difficulty. It was necessary that the portion of the cabinet formed from each Province should carry -n-ith it the support of the majority of the representatives of the Province from which it came. A more absurd mode of government could hardly be conceived ; for wliile the leading ministers and statesmen of both Provinces might be thoroughly united on a question of general importance to the whole, the local jealousy of a part of either one particularly affected 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 unable, from some local cause, to carry a particular section. Under such a system, local jealousies are fostered, broad and Kberal views are abandoned, sections become powei-s, 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 practic;\lly impos sible. In the session of 1863, on all questions aftecting the then existmg ministry, under the leadership of the Hon. John Sandfield Macdonald, the divisions were so nearly equal that the Government ceased to command its proper infiuence. At the re-assembling of Parliament in February, 18G4, 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. TachiS, was formed. Up to June the divisions shewed a similar position for the new Government. On the 1 4th of June the Journals of the Legislative Assembly have the following entry: — "The Hon. Mr. Brown 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 'very 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 alone, 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. 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 the 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. Jolm A. Macdonald said to Mr. Brown while standunr 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 1 He replied, certainly not. > " Mr. Morris accordingly 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 liope of settling the sectional troubles of the Province for ever, could, in his opinion, justify their meetino- CONFEDERATION. 21 together with a view to common political action. Messrs. Mac donald and Gait were equally 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 were charged by their colleagues formally to invite hie 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 bers of the Administration had been, should enter the same cabi net. He thought the pubhc mind would be shocked by such an arrangement, but he felt very strongly that the present crisis pre sented an opportunity of dealing with this question that might never occur again. Both political parties had tried in turn to govern the country, but without success, and repeated elections only arrayed 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 bi-ing in a measure next Session that would be accept able to Upper Canada, the basis to be now settled and announced in Parliament, he woiUd 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 measiu-e next ses.sion. " ]\Ir. Macdonald replied that he considered it would be essen tial that Mr. Brown himself should become a Member of the Cabinet, with a -^-iew to give guarantees to the Opposition and to the country for the earnestness of the Government. 22 CONFEDERATION. " Mr. Brown rejoined that other Members of the Opposition •could, equally 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 dertake 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 Leo-islature -constituted on the well-understood principles 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 Reform, based on population, without regard to a separating line between Upper and Lower Canada. CONFEDERATION. 23 " To this both Mr. Macdonald 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 adoption 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 Territory, when they should express the desire. Mr. Brown con tended that the Canadian Confederation should be constituted fixst, 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 negotiations 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., >vhen 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. 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 memoi-andum 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 infonned that no objection whatever 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. ',' ' 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 American Provinces. " ' That failing a successful issue to such negotiations, they are prepared to pledge 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 can-ying on the negotiations, and settling the details of the promised legislation, a Royal 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 themselves 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.' " CONFEDERATION. 25 " Shortly after sis, p. m., the parties met at the same place, when Mr. Brown stated that, without communicating the contents of the confidential pajier 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 agreed 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 diffictdties by introducing the Federal principle into Canada, coupled with such provision as will 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 liis pohtical 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 26 CONFEDERATION. opmion of a large majority of them, and that liis own personal opinion on this (to which he still adhered) was participated in by only a small number. Messrs. Macdonald, Cartier and Gait re plied that they had of course understood in proposing 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 bqen asked to explain how he proposed to arrange equal represen- tionin the Cabinet, replied that he desired 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 fai- 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 personnel would be more likely to produce embarrassment than assistance, as the majority of the people of Lower Canada, both French Canadians and English, had implicit confidence in their leaders, which it would not be desirable to shake in any way. That in approaching the important question of settling the sectional difficulties, it appeared to them essential that the party led by Sir E. P. Tach6 should have ample assurance that their interests would be protected, which, it was feared, would not be strengthened by the introduction into the Cabinet of the Lower Canada Opposition. " Mr. Macdonald stated that as regards Upper Canada that in his opmion the reduction to two of the number of the gentlemen in the Cabinet who now represented Upper Canada, would involve the withdrawal of the confidence of those who now support them CONFEDERATION. 27 in the House of Assembly, but that he would be prepared for the admission into the Cabinet of three gentlemen of the Oppo sition, on its being ascertained that they would bring with them a support equal to that now enjoyed by the Government from Upper Canada. " Mr. Brown asked in what manner it was proposed the six Upper Canada ministers should be selected, — was each party to have carte-blanche in suggesting to the head of the Government the names to be chosen 1 To which Mr. Macdonald replied that, as a matter of coiu-se, he would expect Mr. Brown to be himself a member of the Administration, as affording the best, if not the only, guai-antee for the adhesion of his friends. That Mr. Mac donald, on Mr. Brown giving his consent, would confer with him as to the selection of Upper Canada colleagues from both sides, who would be the most acceptable to their respective friends, and most likely to work harmoniously for the great object, which alone could justify the arrangement proposed. " Mr. Brown then enquired what Mr. Macdonald proposed in regard to the Upper Canada leadership. Mr. Macdonald said that, as far as he was concerned, he could not with propriety, or with out diminishing his useftdness, alter his position, but that he was, as he had been for some time, anxious to retire from the Govern ment, and would be quite ready to facilitate arrangements by doing so. Of course he could not retire from the Government without Sir Etienne Tach6's consent. " I\Ir. Brown then stated that without discussing the propriety or reasonableness of the proposition, he would consult his friends and give an eaidy reply. " Tuesday. — The respective parties being occupied during the forenoon in consulting their friends, a meeting was held at two, P.M., at which were present Sir E. P. Tach^, Mr. Macdonald, Mi-. Cai-tier, MJr. Gait and Mr. Brown. " Mr. Brown stated that his friends had held a meeting, and approved of the course he had pursued, and the basis arrived at, and authorized him to continue the negotiation. " Mr. ]Macdonald and Mr. Cartier also said that they had re ceived .satisfactory assurances from then- friends. 28 CONFEDERATION. " A frirther meeting was appointed at half-past eight, p. m., at which the details of the arrangements, in case Mr. Brown and his friends accepted office, were discussed at much length. " Mr. Brown contended strongly that the Government should concede a larger representation in the Cabinet than three mem bers. To which it was replied, that the Administration believed that it was quite impossible to satisfy their own friends with a different arrangement. " Mr. Brown then asked whether he could be sworn in as an Executive Councillor, without department or salary, — ^in addition to the three departmental offices to be filled by his friends. Mr. Macdonald replied that the principle of equality would in this case be destroyed, and he was satisfied it could not be done. "Mr. Brown asked whether it was a sine qua rum, that he should himself enter the Cabinet. To which it w^as replied that to secure a successful issue to the attempt to settle the sectional difficulties, it was considered that Mr. Brown's acceptance of office was indispensable. " Mr. Brown then stated that it was now for him to consider what course he should pursue, entertaining as he still did the strongest repugnance to accepting office. "A meeting was then appointed for the following day. "On Wednesday a little after one, the same parties met — -when Mr. Brown stated as his final decision, that he would consent to the reconstruction of the Cabinet as proposed, but inasmuch as he did not ^vish to assume the responsibility of the Government busmess before the House, he prefen-ed lea-sing till after the pro rogation, the consideration of the acceptance of office by himself and the two gentlemen who might be ultimately selected to enter the Administration with him. " Sir E. P. Tach6 and Mr. Macdonald thereon stated that after the prorogation, they would be prepared to place three Seats in the Cabinet at the disposal of Mr. Brown." On the 30th of June, simultaneously with the prorogation a new Government was announced. The Hon. George Brown ^^ith Messrs. Mowat and jNIacdougall, two other prominent Reformei-s CONFEDERATION. 29 had taken the place of Messrs. Foley, Buchanan, and Simpson, in the existing Administration. A coalition had been formed between the leaders of the Reform and Conservative parties, with the general assent of their supporters. They agreed to unite to bring about a measure, which they hoped and believed would remove the difficulties then obstructing the successful administra tion of Constitutional Government of Canada. That measure was the Confederation of the Provinces of British North America, on the Atlantic side, with the prospect, at some ultimate day of bringing in the North West and Hudson Bay Territories, and British Columbia. We now resume the current of events in the Maritime Pro vinces. The action of Canada had not been unnoticed, but the Governments of New Brunswick, Nova Scotia and Prince Edward Island proceeded with their original design. In order that the question of their Union might, as much as possible, be removed beyond the pale of party conflict, the delegates to attend the Convention at Charlottetown were selected from the Liberal and Conservative ranks aUke. Dr. Tupper, the leader of the Govern ment of Nova Scotia, with his own colleague Attorney-General - Henry, and Mr. Dickey, a Conservative supporter, had included the Hons. Adams G. Archibald and Jonathan McCully, long and well-known leaders of the Liberal party. Mr. Tilley, the leader of the Government in New Brunswick, with his own colleagues, Messrs. Johnston and Steves, had included the Hons. Edward Barron Chandler and John Hamilton Gray, prominent and well- known leaders of the Conservative party there ; whilst in Prince Edward Island the Premier had, with equal consideration, selected the Island delegates from both sides of the House. The recom mendations of the respective Governments were approved by the Lieutenant-Governors, and the Convention was opened in due form at Charlottetown, September 8th, in the Chamber of the House of Assembly. The Premier of Prince Edward Island, the Hon. John Hamilton Gray, was unanimously chosen Chairman, and the Convention as organized, stood thus : Nova Scotia — The Hon. Messrs. Tupper, Henry, Dickey, Archi bald and McCully. 30 CONFEDERATION. New Brunswick — The Hon. Messrs. Tilley, Steves, Johnston, Chandler, and Gray. Prince Edward Island — The Hon. Messrs. Gray, Coles, Pope, Palmer, and Macdonald. The first question submitted was, whether the sittings of the Convention and its deliberations should be with closed doors, or open to the public? After consideration it was determined that the proceedings should be with closed doors, to avoid as much as possible, any undue pressure upon the Island delegates from their constituencies, which surrounded them, — to ensure an unrestrained freedom of discussion, — and a clear, candid, and business like consideration of the important questions involved, — in a word, to remove all inducements to "buncombe." There being no occasion for display, the speeches were practical and to the point. It is to be borne in mind that this Convention was not a public represen tative body having power to legislate, determine, or finally affect the public interests, but rather a committee of public men, deputed by their several Governments to enquire and report upon a pro position which might or might not ultimately be adopted, but which before either its adoption or rejection, would be subject to a searching' and exhaustive public discussion in the several Legis latures of the Provinces. The departure from Quebec of certain members of the Canadian Government who had been deputed by the Governor-General to attend the Convention, having been announced by telegram, and it having been determined to receive the deputation, and to consider any propositions they might make with all fairness, it was agreed to postpone the consideration of the union of the Maritime Pro vinces, until after the Canadian deputation had been heard. The following morning the Canadian Government steamer arrived the deputation was received with a cordial welcome, and in due time introduced to the Convention. The ¦ Hons. John A. Macdonald Geo. Brown, Geo. E. Cartier, Alex. T. Gait, Thos. D'Arcy McGee Hector L. Langevin, Wm. McDougall and Alex. Campbell were men who had made their mark in their own country and had been wisely selected to put the case of the broader union of British North America as contra-distinguished to the more limited one of CONFEDERATION. i 31 the Maritime Provinces before the Convention in a clear and comprehensive manner. The advantages of such a union, and the outlines of the proposed constitution — should a union be effected were submitted by the Hon. John A. McDonald, ably supported by Messrs. Brown and Cartier. The financial position of Canada was contrasted with the several Provinces, their several sources of wealth, their comparative increase, the detrimental way in which their conflicting tariffs operated to each other's disadvantage, the expansion of their commerce, the expansion of their manufactures, and the development of the various internal resources that would be fostered by a free intercourse of trade, and" a greater unity of interest were pointed out with great power by Mr. Gait. In a speech of three hours, statistics were piled upon statistics con firming his various positions, and producing a marked effect upon the Convention. It might almost be said of him on this occasion as was once said of Pope though speaking of flgures in a different sense "He lisped in numbers — for the numbers came.'' Messrs. McGee, Langevin, and McDougaU briefly but strenuously corrobo rated the views of their colleagnes, and after two days command of the undivided attention of the Convention, the Canadian depu tation withdrew. Before doing so, however, they had proposed, that the Conven tion should suspend its deliberations upon the immediate subject for which they had met, and should adjourn to Quebec at an early day, to be subsequently named by the Governor-General, there, further to consider the wider and broader Union which had been proposed. On the following day the Convention deemed it better for the general interests of British North America that an adjourn ment should take place, and agreed to report to their respective Governments what had occurred. During the sitting of the Convention the well-known hospitalities of the Island had been extended to the members of the Convention and the Canadian deputation. At a public festival given in the Government Buildings the proposed coming Union of the Colonies had been toasted and received with the most enthusiastic cheers, and the general expression of Union sentiments was warm and strong. Mr. Dundas, the Lieutenant-Governor of the Island, 32 CONFEDERATION. cordially cheered on the movement, but it was well-known to the New Brunswick delegation, that Mr. Gordon, the Lieutenant- Governor of New Brunswick (who was on a visit to the Governor of the Island during the first day of the sitting of the Convention,) was not friendly, though with diplomatic reticence he was most cautious in expressing his opinions, and it was believed that the Lieutenant-Governor of Nova Scotia was equally unfriendly. From Charlottetown, the members of the Convention and the Canadian deputation, went to Halifax, a pro forma meeting of the Convention was held on the 10th September in the Legislative Council Chamber, no business of any consequence was done, and the further consideration of Confederation was by unanimous consent postponed until after the details should be fully entered into at the proposed Conference at Quebec. A short report to that effect to be presented to their several Governments by the delegates, was agreed upon. On Monday, the 1 2th of September, the Canadian deputation and the delegates were entertained at a magnificent banquet in the Halifax Hotel. The Hon. Dr. Tupper, one of the delegates, and Premier of Nova Scotia, acted as chair man. The Lieutenant-Governor, Sir Richard Graves McDonell, the Admiral commanding on the Station, Sir James Hope, the leading public men of all parties, the merchants and prominent citizens attended, a buoyant feeling seemed to pervade the com munity and the union of British North America, in one great political Confederation, was the apparent and expressed wish of those representing the Imperial Government, and those represent ing the influential masses in the Province of Nova Scotia. At the banquet. Sir Graves McDonell, speaking with the guarded caution of the representative of a Sovereign, whose desire was to act in accordance with the best interests and wishes of the people, as testified by themselves, stated : " That, whatever might be the result of the deliberations of the delegates of the British Provinces, the Crown of England, and the British Government had but one object in view, namely to give the most indulgent consideration to whatever plan they might themselves devise, with a reasonable hope and prospect of promoting the social welfare and material progress of Her Majesty's subjects in British America,'' while Sir CONFEDERATION. 33 James Hope, with the characteristic bluntness of a sailor, taking a sweeping view of the extended Empire of Great Britain, and boldly relying on the loyalty and devotion of the people, declared, " That it was, therefore — that he, looking to the glory and interest of his country, was able to say to them, in this project as in any other, which was for their advantage and welfare — go on and prosper." The Hon. George Brown, President of the Executive Council of Canada, replied to the toast of " The Provincial Delegates," in a speech of great power. We give it in full, not only for the valu able statistical information with which it abounds, but as being the first of a series of speeches, which, delivered then and during the subsequent month by the delegates throughout the Provinces, gave a practicaL shape and mould to the agitation of the public mind, and, gathering the floating ideas respecting Union into a tangible form, found for them at last "a local habitation and a name." After a few introductory remarks, complimentary to the people of Halifax for their large and generous hospitality, he said : " It may be expected that I should say a few words as to the object of our present mission; and perhaps I cannot begin better than by noticing certain statements that have appeared in the public press, and which have received some credence, in reference to our visit. It has been said that we have had the opportunity before now of entering into closer union with Nova Scotia and New Brunswick, but we did not avail ourselves of it ; that we were offered an intercolonial railway, but refused to undertake it ; and that we only come now seeking union with these Provinces to escape from our own sectional difficulties at home. Now, I am a member of the party in Canada which up to this moment has been most strenuous in its resistance to the intercolonial railway ; and I am persuaded there is not one man in this assembly who, under similar circumstances, would not have acted precisely as we did. In these Lower Provinces you have all had your political troubles, but we in Canada have had sectional difficulties to distract us vastly more serious than any you have had to contend with. Our constitution of 1840 brought together under one government 34 CONFEDERATION. two countries peopled by two races, with different languages, different creeds, and different laws and customs ; and unfortunately, while making us nominally one people, it retained the line of demarcation between Upper and Lower Canada, and gave the same number of representatives in Parliament to each section, without regard to thqii' respective populations, their contributions to the general revenue, or any other consideration. The dispro portion between the two sections gradually increased, until Upper Canada has 400,000 people more than Lower Canada, and pays full three-fourths of tha whole national taxation ; but all the while the Lower Canadians had equal representation with us in both Houses of Parhament. A systematic agitation for the redress of this great wrong was commenced in Upper Canada ; and as the only means of enforcmg justice, we resisted all l^rge schemes of improvement; we refused to enter into any new undertakings, involving an increase of our public debt, until a reform of our constitutional system was obtained, and we knew what our future position as a people was to be. We regarded the apparently far-off scheme of federation of the whole Provinces as no remedy for our present wrongs, and we scouted the idea of building moie railroads from the pilblic chest until the tax-payers who were to bear the burden of their construction had their just share of control over the public purse. Long and earnestly did we fight for the justice we demanded ; but at last light broke in upon us. Parties were nearly equally balanced; the wheels of government had nearly ceased to move ; a dead lock was almost inevitable ; when Mr. Cartier, who wields great power in Lower Canada, boldly and manfully took the ground, that this evil must be met, and he would meet it. On this basis, I and two political friends joined the administration, and the existing coalition was formed, expressly for the purpose of settlmg justly and permanently the constitu tional relations between Upper and Lower Canada. We have agreed to a principle of settlement acceptable to a large majority of the representatives in Parhament, and, I am also persuaded to the great mass of our people in both sections of the Province. We are pledged as a government to place before Parliament, at its next session, a bill givmg effect to the conditions of our compact • CONFEDERATION. 35 and should the union of the whole Provinces not be proceeded with, our Canadian Reform Bill will go on, and our grievances be redressed. You will therefore clearly perceive that we have not come here to seek relief from our troubles, for the remedy of our grievances is ali-eady agreed upon; and, come what may of the larger scheme now before us, our smaller scheme will certainly be accomplished. Our sole object in coming here is to say to you : We are about to amend our constitution ; and before finally doing so, we invite you to enter with us frankly and earnestly into the inquiry, whether it would or would not be for the advantage of all the British American Colonies to be embraced imder one political system. Let us look the whole question steadily in the face. If we find it advantageous, let us act upon it; but if not, let the whole thing drop. This is the whole story of our being here ; this is the full scope and intention of our present visit. Biit, there is another objection raised. It is said that the debt of Canada is very great, that our taxation is heavy, and that we seek to throw a portion of our burdens on the shoulders of our neighbours. Now, I belong to the party of economy in Canada ; the party that has resisted the increase of the public debt and taxation, and has loudly complained of their rapid advance. But, large as our debt and taxation undoubtedly are, for a young country, the people of Canada are abundantly able to bear it all, and much more, without assistance from any quarter whatever. Were our bur dens much greater than they are, we would have but to stand still in our extraordinary expenditures for a few years, and the ' rapid increase of our population, industrial energy and wealth, would easily enable us to overcome it all. And if gentlemen who make this suggestion would look narrowly into the finances of their own Provinces, and, having regard to the populations of their respective countries, will compare them with ours, I fancy they will find no great disparity between our respective burdens. It ought not to excite any surprise that the federation of all the British North American Provinces is at last presented to us as a practical ques tion. The subject has often and again been discussed in the press and in Parliament ; but at no time has any provincial statesman ever expressed a doubt that the fitting future of these Colonies was. 36 CONFEDERATION. to be united under one government and legislature, under the sovereignty of Great Britain. But two questions ever sprang up at once in considering so great a movement : — Have the Colonies yet gained such a strength as to warrant their undertaking such a charge 1 and, could such terms be agreed upon, and such a consti tution be framed, as would be acceptable to the whole of the Provinces ? These questions are as serious, and as needful to be met, at this hour, as they ever were in the past. It is no light matter to change the whole political and commercial relations of any country. In these Colonies, as heretofore governed, we have enjoyed great advantages under the protecting shield of the mother country. We have had no army or navy to sustain, no foreign diplomacy to maintain ; our whole resources have gone to our internal improvement ; and notwithstanding our occasional strifes with the Colonial Office, we have enjoyed a degree of self-govern ment and generous consideration such as no colonies in ancient or modem history ever enjoyed at the hands of a parent state. Is it any wonder that thoughtful men should hesitate to countenance a step that might change the happy and advantageous relations we have occupied towards the mother country 1 I am persuaded there never was a moment in the history of these Colonies, when the hearts of our people were so firmly attached to the parent state by the ties of gratitude and affection, as at this moment ; and for one I hesitate not to say, that did this movement for colonial union endanger the connection that has so long and so happily existed, it would have my firm opposition. But, far from fearing such a result, a due consideration of the matter must satisfy every one that the more united we are, the stronger will we be; and the stronger we are, the less trouble we will give the Imperial Grovem- ment, the more advantageous will be our commerce, and the more proud they will be of us as a portion of the Empire. Our relation to the mother country does not, therefore, enter into the question. Whether the right tune for a general union has arrived, must be determined by a close examination into the present position of all the Provinces, and the possibility of such an arrangement being matured as will be satisfactory to all concerned. And that has been the work in which the conference has been engaged for CONFEDERATION. 37 two weeks past. We have gone earnestly into the consideration of the question in all its bearings, and our unanimous conclusion is, that if terms of union fair to all and acceptable to all could be devised, a union of all the British American Provinces would be highly advantageous to every one of the Provinces. In the first place, from the attitude of half a dozen inconsiderable colonies, we would rise at once to the position of a great and powerful state. At the census taken on the 12th January, 1861, the population of the Provinces was as follows : Upper Canada 1,396,091 Lower Canada 1,111,566 Nova Scotia 330,857 New Brunswick 202,047 Newfoundland 122,635 Prince Edward Island 80,857 Total in 1861 8,244,053 But since then nearly four years have elapsed, and the average increase meanwhile, calculated at fifteen per cent., makes the popu lation of the six Provinces at this moment 3,787,750. And if to this we add the large numbers necessarily omitted in countries so vast and sparsely settled, we will find that our total population, in the event of a union, would from the start be not much less than fovu- millions of souls. And there is perhaps a better way of measuring our strength than by mere numbers, and that is by comparing ourselves with other countries. Now, there are in Europe forty-eight sovereign states. Of these there are no fewer than thirty-seven containing less population than would the united British North American Provinces ; and among them are no less prominent countries than Portugal, Holland, Denmark, Switzerland, Saxony, Hanover aud Greece, all of which are inferior to us in population. There are but eleven states in Europe suijerior to us in population, and three of these are so little in advance of us that a very few years would undoubtedly send us far ahead of them. The three are, Sweden and Norway, con taining 6,349,775 people; Belgium, containing 4,782,255; and Bavaria, with 4,689,837. These three once passed, and but eight 38 CONFEDERATION. European states would be in advance of us. And let us see how we would stand in regai-d to the question of defence. I find by the census returns of 1861, that the male persons then in the Provinces were as follows : Upper Canada From 20 to 30—128,740 30 to 40— 84,178 40 to 50— 59,660 50 to 60— 36,377 308,955 Lower Canada From 20 to 30— 93,302 30 to 40— 59.507 40 to 50— 42,683 50 to 60— 30,129 225,620 Nova Scotia From 20 to 60 67,867 New Brunswick From 21 to 40— 33,574 40 to 50— 10,739 50 to 60— 7,312 , 51,625 Newfoundland From 50 to 60 25,532 Prince Edward Island From 21 to 45— 11,144 45 to 60— 3,675 14,819 Total Males from 20 to 60 693,918 Of this enormous body of men, about 150,000 were between the years of 45 and 60 ; but striking them all off, and throwing off fifty thousand for the lame and the halt, we would have still left half a million of able-bodied men ready and willing to defend then- country. But let us look at the aspect we should present to the world in an industrial and commercial point of view. And first let us examine the agricultural interests. From the census returns it appears that there were in 1861 no fewer than 333,604 farmers in the six British American Provinces and 160,702 laborers, of which, doubtless, a very large proportion are farm laborers. It also appears that the land granted by Govern ment, and now held by private parties in the Provinces, is not less CONFEDERATION. than 45,638,854 aci-es, of which 13,128,229 are under cultiva tion, and the balance has yet to be brought into use. These lands are thus distributed : HELD. , CULTIVATED. Upper Canada .' 17,708,232 6,051,619 Lower Canada 13,680,000 4,804,235 Nova Scotia 5,748,893 1,028,032 New Brunswick 6,636,329 835,108 Newfoundland, about 100,000 41,108 Prince Edward Island 1,365,400 368, 127 46,688,854 13,128,229 And mark the enormous amomit of produce obtained from these cultivated lands. I compile from the Census Returns of the several Colonies the follo-^^ing results as our miited crop in the year 1860 : Wheat bushels, 28,212,7f0 Barley Kye Peas Oats Buckwheat Indian Corn Beans . , Potatoes Other Roots Grass Seed Hay tons, Hops lbs. Maple Sugar Wool Flax and Hemp ._ Butter Cheese Beef bbls., 200 lbs. Pork „ 5,692,991 1,934,583 12,302,183 45,684,472 3,648,450 2,624,163 75,755 39,845,246 23,730,706 115,345 2,242,596 300,439 17,782,873 7,010,914 2,183,759 52,570,886 4,602,065 134,562 581, «02 At a fail- valuation these crops will be foimd to sum up to the enoi-mous amount of nearly one hundred and twenty millions of dollars ; and if to this we add the increase on the number and value of the farm stock during the yeai-, and the value of garden 40 CONFEDERATION. and orchard produce during the year, and the improvements in clearing and fencing and buildings during the year — we will come safely to the conclusion that the product of our fields and gar dens in 1860 was not less than $150,000,000. The assessed value of our farm lands in 1860 was upwards of $550,000,000. And then, if we consider that our agriculture is yet in its infancy; that only a small portion of the thirteen millions of acres in pasture and under the plough is yet in high cultivation, and much of it almost in a_state of nature ; that thirty millions of good lands, over which the plough has not passed, are yet in private hands, and that vast quantities still remain with Govern ment for disposal ; some slight conception may be gained of the future agricultural capabilities of the united British American Provinces. But if our position would be so remarkable as an agricultural people, oui« union would give us almost as high an attitude before the world as a great Maritime State. By the census of 1861 it appears that four years ago the sailors and fisher men of the six Colonies summed up no fewer than 69,256. They were :-^ In Upper Canada 808 In Lower Canada 5,150 In Nova Scotia 19,637 In New Brunswick 2,765 In Newfoundland 38,578 In Prince Edward Island 2 318 Total sailors and fishermen , 69,256 Setting aside the unspeakable value of such a body of men in defence of the country, the commercial returns from their industry must be very great. The exports of fish alone from the united Provinces amounted to no less a sum than nearly ten millions of dollars. I have been unable to ascertain with accuracy the num ber and tonnage of the shipping owned and sailed in British America ; but this we do know, that last year no fewer than 628 vessels were built within our borders, ha\dng an aggregate ton nage of 230,312 tons. These vessels were distributed thus : CONFEDERATION. 41 Built in Canada 168 vessels 67,209 tons. " Nova Scotia - 207 " 46,862 " " New Brunswick 137 " 85,250 " " Newfoundland 26 " about 6,000 " " Prince Edward Island. . . 100 " 24,991 " Total 628 " 230,312 " And highly giivtifying as are these results, they are the pro duct of two branches but yet in thoir infancy, and both capable of great extension. I might continue this analysis through our whole industrial purauits, and show you one and all of them in the same high state of efficiency ; I might tell you how we exported last year .'7ir),0(X1,0()0 in timber alone ; I might expose to you the r.ipidly increasing importance of our coal muies, our gold fields, our copper mines, our iron works, and our petroleum wells. I might enlai'ge on the fast rising importance of our manufac- tuvos ; but :i,lrpaf j d.o not hesitate to say that with respect to the intercolonial railway, it is under stood by the people of Canada that it can only be built as a means of poUtical union for the Colonies. It cannot be denied that the railway, as a commercial enterprise, would be of comparatively little commercial advantage to the people of Canada. Whilst we have the St. Lawrence in summer, and the American ports in time of peace, we have aU that is requisite for our purposes. We recognize, however, the fact that peace may not always exist, and that we must have some other means of outlet if we do not wish to be cut off from the ocean for some months in the year. We wish to feel greater security — to know that we can have assistance readily in the hour of danger. In the case of a union, this railway must be a national work ; and Canada will cheerfully contribute to the utmost extent, in order to make that important link without which no political comiection can- be complete. * * ¦' Here we are now in a state of peace and prosperity. We can now sit down without any danger threatening us, and consider and frame a scheme advantageous to each of these Colonies. If we allow so favourable an opportunity to pass, it may never come again. But I believe we have arrived at such a conclusion in our deliberations, that I may state, without any breach of confidence, that we all unitedly agree that such a measure is a matter of the first neces sity, and that only a few (imaginary, I believe) obstacles stand in 46 CONFEDERATION. the way of its consummation. I shall feel that I have not served in public life without a reward, if, before I enter into private life, I am a subject of a great British American nation, under the government of Her Majesty, and in connection with the Empire of Great Britain and Ireland." From Halifax, the Canadian members and delegates went over to St. John, in New Brunswick, and in that large and thriving commercial city again avaUed themselves of the opportunity of speaking on the question of the day. On the 12th September they were handsomely entertained at a pubUc dinner at Stubb's hotel. As m Halifax, the leading pubUc men, the prominent merchants, politicians of all shades, and the representatives of the press, were present. The chair was occupied by the Hon. John H. Gray, the member for the county of St. John and one of the delegates. A warm feeling towards the guests, and a spirit of enthusiasm on the subject of Union, pervaded the meeting. The speeches were Ustened to with deep and earnest attention. There was no Governor present, and no Admiral. But there were business men ; men of energy and enterprise ; men of trade, whose ships were far away, carrying the commerce of the world ; men of science ; mechanics — ^men of the steam engine and the forge, whose works of toil and labour were telling on the progress of a young country ; men of the railway and the telegraph ; men whose life was work. In answer to the toast, " Our friends from Canada, Nova Scotia and Prince Edward Island," the Attorney-General for Canada East, Hon. George E. Cartier, said : " Prosperity such as this great country was capable of attainino- to, could never be fully enjoyed until the several sectional parts of it were united under the same political and commercial systems their respective populations brought into closer relations with each other, and all the maritime facilities aUke afforded to all which nature had so bountifully bestowed upon some of the parts. This was what Confederation proposed to accomplish. Canada has population and territory sufficient to make a great nation in course CONFEDERATION. 47 of time ; but she wants what the Lower Provinces possess, an outlet to the sea. As the Lower Provinces now stand, they are comparatively weak and powerless ; and the wealth, labour and industry which Canada possesses, go in a great measure to enrich such cities as New York, Boston and Portland. This must con tinue to be the case untU the Intercolonial Railway, of which he had ever been an advocate, shall be built ; and as soon as the Colonies were confederated, the construction of that work would undoubtedly commence. With regard to the question of defence, which was inseparable from the general subject, he was confident that when England saw we were self-reliant to a great extent, and ' capable of organizing a large military and naval force for mutual protection, and which union only would enable us to do, she would cheerfully come to our assistance, with all her vast power, in any difficulty that might arise. Canada had been accused of insincerity in her dealings with the Maritime Provinces, and this led to the formation of a strong prejudice against accepting the proposals of his Province for confederation ; but he assured every one who listened to him, that Canada was unjustly accused, and that her ministers did not come there to urge them by undue means into the adoption of any scheme of union, but fairly to point out to them the enormous advantages which, in a commercial point of view, their merchants, traders and manufacturers would derive from having a market of four millions of people for the exchange of their several commodities, instead of being restricted to the smaU and scattered populations which now compose the Lower Provinces, where their industry is hampered by custom-house regulations different in each." Hon. George Brown followed Mr. Cartier, reiterating with much effect his arguments reported so fully as delivered at Halifax. Hon. A. T. Gait, Finance Minister of Canada, in answer to a call made upon him, reviewed the financial condition of the several Provinces, referred to the efforts that had been made in Canada to improve the communication between the St. Lawrence and the ocean, the large expenditure for the construction of rail ways, and to the advantages that were resulting, and must continue 48 COI^FEDERATION. to result from these expenditures. He referred to the relative taxation of the several Provinces : Nova Scotia $2.32 per head, Canada $2.50, New Brunswick $2.56. In answer to the objection that Canada sought the union to be relieved of her burdens, spoke of the Intercolonial Railway, of the benefit it would confer on the Maritime Provinces, whilst the expense under the proposed union must be borne principally by Canada, an arrangement entirely different from that which had been contemplated while the Pro vinces were separate. He then referred to the commercial advan tages of a union, which would confer upon the Colonies benefits similar to those which have been enjoyed by the United States in consequence of their union, their free trade and uniform tariff. In framing the constitution for British America, the errors of the Republican Union were to be avoided. The rebeUion which distract ed that Union was, in some measure, caused by slavery, and to a very great extent, by what was known as State rights. Of course, the question of slavery could never be an element of discord with the united Provinces, and as regards "State rights," collision might be easily avoided in reference to that subject by clearly defining the powers of the Central Government as totaUy distinct from the authority which should be vested in the Loc.il Legislatures. Hons. Mr. McCully and Dr. Tupper of Nova Scotia, Messrs. Palmer, Coles and Gray of Prince Edward Island, and Messrs. McDougall and McGee of Canada, with the Chaii-man, and Mr. Tilley, also spoke briefiy on the occasion, supporting the ^-iews that had been expressed, and ui-ging the adoption of the measure by the public. Shortly afterwards the delegates presented theii- report to their respective Governments, and the Prince Edward Island Conven tion was at an end. CHAPTER II. Meeting of Delegates at Quebec, October lo, 1864 — Reflections on the time, place and circumstances — American 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 Coustitution and that of the United States — Policy of free trade — No distinction in political rights — Difficulties- in representative and financial arrangements — Electoral Di-visions 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, territorial and nominative — Provision for primary selection — Admission of North-West Territories and British Columbia — Adjustment of the financial arrangements — Direct taxation for general pui-poses unknown in Maritime Provinces — Crisis — Sub- 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. In accordance with the recommendation of the Canadian Minis try, the Governor-General had addressed the several Lieutenant- Governors of the Maritime Provinces, including Newfoundland, to send delegates to a Convention to be held at Quebec on the 10th October. The request had been responded to. The same gentlemen had been re-appointed, with the addition in New Bruns wick of the Hon. Peter Mitchell, a member of the Legislative Council and of the Government, aud the Hon. Charles Fisher, a prominent member of the Liberal party, twice Attorney-General in the Government of New Brunswick with Mr. Tilley and one of the oldest members of the House of Assembly ; in Prince Edward Island, of the Hon. T. Heath Haviland, a Conservative, and the Hon. Edward Whelan, a Liberal, and editor of the " Charlotte town Examiner.'' In Newfoundland, the Hon. F. B. T. Carter, Speaker of the House of Assembly, and the Hon. Ambrose Shea, had been appointed. The Canadian Government steamer " Victoria " had been sent down to Pictou for the delegates. On the 5th October, Sir Richard 50 CONFEDERATION. Graves McDonell and Lady McDonell, and the Nova Scotia dele gates, embarked. On the 6th she called at Charlottetown for the Prince Edward Island delegates, and thence proceeded to- Shediac for the New Brunswick delegates. On the 7th she bore away for Quebec. Many ladies were on board, members of the families of the gentlemen from Nova Scotia, New Brunswick and Prince Edward Island. Every provision had been made for comfort. On Sunday evening, the 9th, she arrived at Quebec ; and on Monday, the 10th October, 1864, at 11 a.m., in the Parliament House of old Canada, the Conference was opened. The respective Provinces were represented as foUows : Canada. — Hon. Sir Etienne P. Tach6, Premier, M.L.C. ; Hon. John A. Macdonald,Attorney-GeneralWest, M.P.P.; Hon. George E. Cartier, Attorney-General East, M.P. P. ; Hon. George Brown, President of the Executive Council, M.P.P. ; Hon. Alex. T. Gait, Finance Mmister, M.P.P. ; Hon. Alex. Campbell, Commissioner of Crown Lands, M.L.C. ; Hon. William McDougall, Provincial Secretary, M.P.P.; Hon. Thomas D'Arcy McGee, Minister of Agi-iculture, M.P.P. ; Hon. Hector Langevin, Solicitor-General East, M.P.P. ; Hon. J. Cockburn, SoUcitor-General West, M.P.P. ; Hon. Oliver Mowat, Postmaster-General, M.P.P.; Hon. J. C. Chapais, Commissioner of public Works, M.L.C. Nova Scotia. — Hon. Chas. Tupper, Provuicial Secretary, M.P.P.; Hon. W. A. Henry, Attorney-General, M.P.P. ; Hon. R. B. Dickey, M.L.C; Hon. Adams G. Archibald, M.P.P.; Hon. Jonathan McCully, M.L.C. New Brunswiok. — Hon. Samuel L. Tilley, Provincial Secretary, M.P.P.; Hon. John M. Johnson, Attorney- General, M.P.P.; Hon. Edward B. Chandler, M.L.C. ; Hon. John Hamilton Gray, M.P.P.; Hon. Peter Mitchell, M.L.C; Hon Charies Fisher^ M.P.P. ; Hon. William H. Steves, M.L.C. Newfoundland.— Hon. F. B. T. Carter, M.P.P., Speaker of the House of Assembly ; Hon. Ambrose Shea, M.P.P. CONFEDERATION. 51 Prince Edward Island. — Hon. John Hamilton Gray, Premier, M.P.P. ; Hon. Edward Palmer, Attorney-General, M.P.P. ; Hon. W. H. Pope, Provincial Secretary, M.P.P. ; Hon. George Coles, M.P.P. ; Hon. A. A. Macdonald, M.L.C. ; Hon. T. H. Haviland, M.P.P. ; Hon. Edward Whelan, M.L.C. Sir Etienne P. Tach4, Premier of Canada, was unanimously chosen President ; and Major Hewitt Bernard, of the Staff of the Attorney-General West, Private and Confidential Secretary. Thus was organized a Convention, whose deliberations were to have a marked bearing upon the future of British North America. The time, the men, the circumstances, were peculiar. The place of meeting was one of historic interest. Beneath the shadow of Cape Dianfcnd, on the ruins of the old Castle of St. Louis, with the broad St. Lawrence stretching away in front, the Plains of Abraham in sight, and the St. Charles winding its silvery course through scenes replete with the memories of old France, where scarce a century gone the Fleur de Lys and the Cross of St. George had waved in deadly strife, now stood the descendants of those gallant races, the Saxon and the Gaul, hand in hand, with a common country and a common cause. Met with the full sanction of their Sovereign and the Imperial Government, attended by the representatives and ministers of the Crown, sent from the Parlia^ ments chosen by the people, they were called upon to lay in peace the foundations of a State that was to take its place in friendly posi tion beside that RepubUc, which wrenched from the parent land in strife, had laid the foundations of its greatness with the sword and baptized its power in blood. Ninety years before, when the first Congress of the thirteen States met at Philadelphia, it was in defiance of the authority and of the country from which their people sprung'. How different ! How much more auspicious was the gathering of the Provincial representatives at Quebec ! In their deliberations and the fram ing of their constitution they would have the benefit of the expe rience of the working of that constitution, which under conditions in some degree similar to their own as to country, institutions, and people, had carried the United States through half a century 52 CONFEDERATION. of triumphant progress. It would be for them to avoid those causes of dissension which had created the then existing troubles of that country. But apart from this, the time at which they had assembled was one of deep import. The civU war in the United States, between the North and South, was raging in all its fury. No one could tell how soon its crimson flood might burst upon our shores. Causes of great irritation were already existing. The imperious demand of England for the immediate surrender of Mason and Slidell, and the disavowal of the act of the officer who had boarded the " Trent," and violated the sanctity of her flag ; the sympathy of a portion of her people with the Southern cause, and the preda^ tory character of the "Alabama" and other cruisers, fitted out and leaving her ports through the aUeged indifference of her officers or the insufficiency of her laws, were rankling in the breasts of large numbers of the American people. The piratical seizure of the steamer " Chesapeake,'' her subse quent escape to Nova Scotia, the aUeged plottings of Southern refugees in Canada, and the St. Albans raid, notwithstanding the vigilance of the Canadian authorities, and their prompt efforts to apprehend and punish the offenders — all tended, however unjustly, to intensify the bitterness of the national mind in the United States, and little, but very little, was wanted to cause a war between the two countries. Under such circumstances, great prudence should govern the deliberations of men, who, however limited their authority, or how ever remote from the cause of dissension the subject referred to them, might yet by some unguarded act precipitate difficulties which it should be the interest and object of all to avoid. On the men who formed the Conference was directed the atten tion of British America. They had all served many years in pub lic and parliamentary life in their several Provinces. ' All had filled prominent public positions — had had the cares and respon sibilities of government, and the stimulus of opposition. From fifteen to twenty years had been the average of their public ser vices. All were young enough to feel that, contrasting the past with the future, there was still before them a career of honorable CONFEDERATION. 53 ambition in a greater country and a greater cause. All were old enough to know that rashness was the folly of a statesman, and that the future influence, character and position, as well as the prosperity of their country, would depend on the Avisdom and practicability of their conclusions. The venerable chairman and two others might perhaps claim exemption from any personal ambition for the future. To Sir E. P. Tach^ half a century of public life had brought gravity with age, and had given to a spotless name the light to command respect, and to preside with dignity over the councils of his coun try. The Hon. E. B. Chandler, by his quick and restless move ments, showed that seventy years had not dulled the activity of his mind or body ; but forfy years as a representative and member of the Legislative Council of his own Province he declared had rendered him personally mdifferent to the future ; whilst the gal lant Premier of Prince Edward Island, the rugged outlmes of whose gaunt frame still bore the vigorous impress of its Scotch lineage, seemed to glory only in the future greatness of his coun try, and to hope that the prowess of her sons might rival the glories of that land whose flag he had followed for so many years in every quarter of the globe. 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 doors. In addition to the reasons wliioh had governed the Convention at Charlottetown, it was further urged, that the views of individual members, after a first expression, might be changed by the discus sion of new points, differing 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 m 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 best; 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 54 CONFEDERATION. separate administration of its local affairs, that it was well held that no man should be governed by opinions given under phases of oircumstances 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 those whose interests were to be affected, until and unless adopted after the greatest pubKcity and the fuUest public discussion. As the course pursued by the Convention on this point was at the time made the subject of much mis-animadversion, 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 infiuencing 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 time could be con sidered as above sordid or selfish motives, must be so ret^arded the proceeduigs, 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 he 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 tbe other Provinces— indeed equal to that of any two combmed — the voting in case of division should be by Provmces, and not by members ; Canada, as composed * " Alexander II.aniilton's Times," by MuUer. CONFEDERATION. . 55 of two Provinces, having two votes ; thus ensuring to the smaller Provinces that ift 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 could be attended to in the General Parliament, parti cularly 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- caUy that it was intended to be, as far as circumstances 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 specificaUy conceded by the several States to the Federal Govern ment were stiU to remain with the several States, here, on the 56 CONFEDERATION. contrary, all powers not specifically conceded by the Imperial Par liament in the proposed constitution to the separate Provinces were to remain with the Federal Government. The source of j)ower was exactly reversed. At the time of the framing of their 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 sovereign authority. The fountain of con cession therefore flowed upward from the several states to the united government. The Provinces, on the contrary, were not independent States ; they still recognized a paramount and sove reign authority, without whose consent and legislative sanction the Union could not be framed. 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 rights would pass to the other Provinces when surrendered to the Imperial Government 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 Provmces would vest in the Federal Government, to which they were to be transferred by the para mount or sovereign authority. This was in accordance with the theory of the IBritish constitu tion, which, while boasting its old Saxon popular origin, yet' claims the unparalleled expansion of its present freedom as wrenched from the sovereign authority by the struggles of a thou sand years, and recognizes that authority as the source of power. " That land of old and fair renown. Where Freedom slowly broadens down From precedent to precedent." In the United States, on the contrary, the theory is that the power springs from the people, and what they have not chosen to part with they still retain. Practically, in both countries the result is the same. The peo ple are the source of power, 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 CONFEDERATION. 57 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 the 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 tariffs, — that no manufactures 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 lying in almost one continuous Une 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 race 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 Umits defined. But it was in the apportionment of the representation in the Federal Parliament, and of the financial burdens and benefits, that the greatest difficulties arose. 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. 5 58 CONFEDERATION. r The principle, therefore, was recognized, and was proposed 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 sisty-five. In New Brunswick the fourteen counties, with the city of Saint John ih 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 number that her presumed population would entitle her to. The actual proportions throughout the fom- Provinces were not the same, for v/hile taking the then last census of the several Pro vinces as the- guide, Quebec would have one representative to about 1 6,500 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-adjustmerit 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 proportion to the population of the Province that the number 65 bore to the population of Quebec at the same cen sus, the number for Quebec being fixed at 65. Thus at the first inception on entering into the Union, population was not intended to be held as the only rule for representation. Though taken as a guide, the apisortionment must be more or less arbitrary. Existing' arrangements, territorial and other consider ations must be taken mto account, and modifications to suit cir cumstances necessarily made ; but, after entering the union, 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 affirmed simply and explicitly in the 1 7th Resolution m 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 re-adjustment made by CONFEDERATION. 59 the Quebec Resolution is adliered to, the prmciple so explicitly laid down, " That the basis of representation in the House of Commons shall be by population " is not re-deolared. So marked a distinction, it must be presumed, was intentional — to remove any doubt that the confederation of the four Provinces then formed should have free scope for terms that might be necessary there after to bring in other portions of British North America. In the United States representation by population is simply numerical. Each so many thousand of recognized voters is entitled to a representative ; though by such calculation twenty representatives might come from one city or place. New York, Philadelphia, or Brooklyn, for instance. But in the plan adopted at the Conference tlie electoral districts would have the same repre sentation, though one district might number 50,000 and another only 5000. For instance, the County of St. John, with a popula tion of nearly 50,000, would have only one representative, while Cornwall, Sherbrooke, Niagara, Montreal Centre, Restigouche or Algoma, with populations under 7000, would each equally have one. To meet any objections arising of this nature, it was pro posed and declared that the Local Legislature of each Province should divide its own Province into constituencies, and define then- boundaries, and should have power from time to time to alter the electoral districts for the purposes of representation in the House of Commons, and to distribute the representation to which each Province might be entitled in such manner as its Local Legislature might see fit. It is but proper, however, to state, that from a correspondence which subsequently passed between the Lieutenant-Governor of New Brunswick and the Governor- General, it appeared that this stipulation had been altered by the Canadian Ministry, and was, in the resolutions laid before the Canadian Parliament, restricted to the representation in the Local Legislatures only ; it being alleged that the error arose from an improper wording of the resolution at the Conference, and that the power was not intended to apply to the representation in the Federal Parliament. The Conference, therefore, while taking population as the basis, and laying down that strictly as the rule, acted upon the principle 60 CONFEDERATION. that in the first instance territorial area and local circumstances must also be considered. Something of a similar character seems to have taken place at the formation of the original constitution of the United States, for in the second section an arbitrary number of representatives was assigned to the thirteen states separately, though the rule was strictly defined as to the subsequent increase or decrease — the franchise at the same time being expressly denied to Indians and slaves.* The representation in the Upper House was a matter much more easily disposed of. It was at once arranged territoriaUy, the Provinces being formed into three divisions, namely, Quebec (Lower Canada), Ontario (Upper Canada), and the Maritime Pro vinces (New Brunswick, Nova Scotia and Prince Edward Island), with equal representation, 24 to each division. An exceptional provision was made for Newfoundland, with a representation of four members. The selections in the first instance were to be from the existing Legislative Councils of the several Provinces, (excepting Prince Edward Island), as fauiy as possible from all political parties. This provision, it being naively expected, would facilitate the passage of the necessary measures to effectuate the Union in those branches of the Local Legislatures. The question of an elective or a nominative Legislative Council was fuUy discussed, and decided by an overwhelming majority in favor of the [latter, the President of the Canadian CouncU, the Hon. George Brown, leading the Kberal section of the Canadian Cabinet strongly in support. A particular exception of the mode of selection of the members for this branch Avas made as regards Prince Edward Island, at the urgent demand of its delegates. With reference to the North-west Territories and British Colum- hia, inasmuch as they were in no way reiDresented at the Confer ence, and theii- admission at the time seemed remote, no observa tion of any kind was made as to their representation in either bi-anch ; but all matters relative to them were left to future con sideration, and "such terms as might be deemed equitable or * Shephard's " Constitutional Text Book." Edition of 1856. CONFEDERATION. 61 agreed upon, when they were admitted or applied for admission into the contemplated union." Concurrently with the consideration of these questions the adjust ment of the financial burdens was also under discussion. The simplest and the shortest mode would have been at once to determine that each Province should by its own direct taxation bear the burden of its own local expenditure and wants, and that the general revenues should all be distributed solely for general purposes. But this was simply out of the question. The system existing in Upper Canada of governing by municipalities, and pro viding for local wants by local taxation, though fully understood had never been adopted by the people of the Maritime Provinces. The Government was to them "a nursing mother" of children. Bridges, roads, schools, wharves, piers, bye-roads, internal improve ments and communications of all kinds, m addition to the Legis lative, fiscal, postal, and executive expenses of every kind, were paid out of the general revenues, arising from customs, sales of crown lands, or other public revenues. A toll-gate did not exist in the Provinces, and if a bridge were buUt across a public navi gable river like the Petitcodiao by a company for its own private gain, under the sanction of an Act of the Legislature and aided by public grants, the members for and the inhabitants of the adjoining counties rebelled at the idea of being charged for crossing it, and agitated until the $20,000 or .f 30,000, that it was said to have cost, was paid to the company out of the public funds, and the bridge thrown open to the public free of charge, fiut two toll bridges existed in the Province of New Brunswick, both expensive suspension bridges at the Upper and Lower Falls of the River St. John 240 or 250 mUes apart, and from the Restigouche to the St. Croix in the other direction, 300 mUes along the sea coast, across the mouths of broad rivers, and over deep ravines, well roaded and well bridged, except at one of these suspension bridges no toll-gatherer stopped the traveller, The same might be said of Nova Scotia. It was absurd, therefore, to suppose that the delegates from those Provinces could consent to any propositions for union that did not make adequate provisions for meeting the existing wants 62 CONFEDERATION. and contributions to which their people had been accustomed. It was equally hard to make the representatives 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 about union might as well cease. Subsidies were 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 considered 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, whUe the others did not get what they did want. Agreement seemed hopeless, and on or about the tenth morning after the Convention met, the conviction was general that it must break up 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 should meet, discuss the matter among themselves, and see if they could not agree upon something. Acoordmgly, Messrs. Brown and Gait on behalf of Canada, Dr. Tupper and Mr. Archibald of Nova Scotia, Mr. TUley of New Brunswick, Mr. Pope of Prince Edward Island, and Mr. She.i of Newfoundland, withdrew for that purpose. On the following morning they reported the conclusions at which they had arrived. These with some modifications, after discussion, were ultimately adopted by the Convention, reduced to resolutions, and the "financial crisis" jiassed away. The Convention resumed its labors and proceeded to define the respective powers of the General and Local Parliaments, and of the rights and properties 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 affording to them severally additional sources ' of revenue, stimulus for local improvements, and the means of encouraoing immigration; but more particularly as removing causes of conflict and dissension between the Local and General Governments and CONFEDERATION. 63 relieving iJie latter of duties which ought to be municipal. The regulation and management of lands and royalties within a Pro vince by a Go^•ernment other than that of the Province would only be creEiting tui '¦' imperiuvi in iinpcrio,'' which would surely become antagonistic. The question of the judiciary was not so easily settled, aud led to long aud aiiuuated discussions. Wliile it was admitted that the public interests would be best promoted by having the highest tribunals of the country deriving their authority from the higliest source of power in the country, and that a uniform Bar extending thi-oughout tlie whole would tend to its elevation, by the greater confiiot of talent, and the wider sphere of action, it was urged that untU the laws were in some measure assinalated the benefit with reference to the Bar would be more seeming than real. And with reference to the Bench, a vague dread of the overa-wing power of Caaiada, led some of the delegates from the Miuitime Provinces to fear that the courts of theu- Provinces might be filled with judges who were strangers 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 jm-is- prudence was governed by the CivU Law, and admitted of no uniformity with the codes of the other Provinces. The result was a provision for rendering uniform the laws of the five other Provinces, Upper Canada, Now Brunswick, Nova Scotia, New foundland, and Prince Edward Island, relative to property and civU rights, and that iintU such uniformity took place, the judges of the Courts of those Provinces should be selected from the respective Bars 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 then- salaries had been assigned. It wa,s admitted with one voice, that the criminal law must be the same thi-oughout the whole, and that the Pai'liament of the General Go\ ernment must form the criminal code. Thus was this question disposed of, but tempoi-arUy only, for tho time must come when substanti;Uly one code, and a similar administration must pervade the tribimals of those Provinces, the basis of whose jurisprudence is the Common Law of England. 64 CONFEDERATION. Provision was made for the establishment of a Court of Appeal, and for the completion without delay of the Intercolonial RaUway from the Riviere du Loup through New Brunswick to Truro in Nova Scotia, without an express understanding to which effect those two Provinces would not have assented to enter the imion. An expression of opinion was also given as to the importance of the communications with 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 be prose cuted at the earliest possible period, that the finances of the country would permit. Other provisions, with reference to existing laws in^the several Provinces, and some contingent liabUities, for which, under thefr 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 urged that if Newfoundland required $150,000 per annum more than the general plan proposed, it was bettei' to give it 'at once, or forego her admission ; but the former could not be conceded without injustice to the other Provinces, and a departure 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 aU British North America. The acceptance of her lands was therefore carried ; and, at the request of her delegates and those of Prince Edward Island, an exception was made, that the qualification for members of the Legislative Council from tho two Islands might consist of personal as well as real property, leaseholds being extensively in use in both. No other exceptional 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- CouncU, 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 CONFEDERATION. 6 5 Government for the Lieutenant-Governor's salary, in consequence of that salary ha-ving 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 perhaps exacting ; but after the report of the committee appointed to devise the financial arrange ments, on which she was represented by her Provincial Secretary, no dissatisfaction was expressed. Among the provisions relating to the imposition or regulation of duties on imports and exports, 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 Bruns-wick, and of coal and other minerals in Nova Scotia. Not only -was the principle of export duties denounced, but it was observed that no such power was permitted to the other Pro-vinces, and that most of them dealt quite as largely in the lumber trade as New Bruns-wick, and the reason for such exception was not apparent. It must be remembered that the Cro-wn 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 years previously, the Legislature of New Brunswick, finding the expenses of coUecting the stumpage dues unnecessarily great — ^in fact, so far as the j)ubUc 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 ha-ving been in successful operation for many years, and still being in force, could not be interfered with. It was simply another mode of coUecting cullers' dues, as known at the port of Quebec, and -was more the irregular application of a term or expression, than the adoption of a general principle in trade. The same observa 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 coUecting the royalties. In this way an exception was introduced into the constitution, which would other-wise appear inconsistent. 66 CONFEDERATION. The foregoing detaUs, -with othei-s deemed essential, were embo died in seventy-two resolutions, wiiich -were to be authenticated by the signatures of the delegates, to be transmitted to their respec tive Governments for submission to tlieu- Legislatiu-es, and to the Governor-General for the Secretary of State for the Colonies. Throughout the resolutions the present Pro-sdnces of Ontario and Quebec were spoken of as Upper and Lower Canada. Though, as at present, more generallj- recognized under the former designation, they are indifferently so referred to in tliis -n'ork. The Resolutions were as follows : 1. The best interests and present :md future prosperity of Bri tish North America wUl be promoted In- a Fedeiiil Union under the Crowai of Great Britain, provided such Uuion can be eflooted on prmciples just to the several Pro\inces. 2. In the FedeK-ition of the British North American Provinces the system of government best adapted under existing circum stances to protect the diversified interests of the several Pro-^-inces, and secure efficiency, harmony aud permanency in the working of the Union, would be a General Government charged with matters of common interest to the whole eounti-v, luid Local Governments for each of the Canadas, .and for the Provinces of Nova Scotia, New Brunswick and Prince Edward Ishmd, chai-ged with the control of local matters in their respective sections ; provision being made for the admission into the Union, on equitable terms, of Ne\vfoimd- 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 periietuation of our comiection witli the mother country, and to the promotion of the best interests of the people of tiiese Provinces, desire to follow the model of the British Constitution, so far as our cii-cumstaiices will permit. 4. The executive authority or govornment shall be Nested in the Sovereign of the United Kmgdom of Great Britain and Ireland, and be administered according to the well-understood principles of the Britisli Constitution by the Sovereign personally, or by the representative of the SoA'ereign duly authorized. 5. The Sovereign or represeiitati\-e of the Sovereign shall be Commander-in-Cliief 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 Coimcil and a House of Commons. 7. For the purpose of forming the Legislative Council, the Federated Provinces shall be considered as consistmg of three di-pisions : 1st, Upper Canada ; 2nd, Lower Canada ; 3rd, Nova Scotia, New Bruns-wick and Prince Edward Island, each di-vision with an equal representation in the Legislative Council. 8. Upper Canada shall be represented in the Legislative CouncU by twenty-four members. Lower Canada by twenty-four members, and the three Maritime Pro-vinces by twenty-four members, of which Nova Scotia shall have ten. New Bruns-wick ten, and Prince Edward Island four members. 9. The colony of Ne-wfoundland shall be entitled to enter the proposed Union -with a representation in the Legislative CouncU 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 Pro-vinces shall deem equitable, and as shall receive the assent of Her Majesty ; syid in the case of the Province of British Columbia or Vancouver, as shall be agreed to by the Legislature of such Pro-vince. 11. The members of the Legislative Council shall be appointed by the Cro-wn, under the Great Seal of the General Government, aud shall hold office during life. If any Legislative CouncUlor shall, for two consecutive sessions of Parliament, fail to give his attendance in the said CouncU, 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 and above all incumbrances, and shall be and continue worth that sum over and above their debts and liabUities ; but in case of Newfoimdland and Prince Edward Island, the pro perty may be either real or personal. 13. If any question shall arise as to the qualification of a Legis lative CouncUlor, the same shall be determined by the CouncU. 68 CONFEDERATION. 14. The first selection of the members of the Legislative CouncU shall be made, (except as regards Prince Edward Island,) from the Legislative CouncUs of the various Provinces, so far as a sufficient number be found qualified and willing to serve : such members shall be appointed by the Cro-wn, 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 Pro-vince, so that all political parties may as nearly as possible be fairly represented. 15. The Speaker of the Legislative Council (unless other-wise provided by Parliament) shall be appointed by the Cro-wn from among the members 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 CouncUlors representing Lower Canada in the Legislative CouncU of the General Legislature shall be appointed to represent one of the twenty-four Electoral Di-visions mentioned in schedule A of chapter 1 of the Consolidated Statutes of Canada, and such CouncUlor shall reside or possess his qualification in the di-vision he is appointed to represent. 17. The basis of representation in the House of Commons shaU be population, as determined by the official census every ten years; and the number of members at first shaU be one hundred and ninety-four, distributed as follows : Upper Canada 82 Lower Canada 65 Nova Scotia 19 New Brunswick 15 Newfoundland ; . . 8 Prince Edward Island 5 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 repre- CONFEDERATION. 69 sentation from each section in the House of Commons shall be readjusted on the basis of population. 20. For the purpose of such readjustments. Lower Canada shall always be assigned sixty-five members ; and each of the other sec tions shall, at each readjustment, receive, for the ten years then next succeeding, the number of members to which it will be entitled on the same ratio of representation to population as Lower Canada wUl enjoy according to the census last taken by having sixty-five members. 21. No reduction shall be made in the number of members returned by any section, unless its population shall have decreased, relatively to the population of the whole 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 exceedmg 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 Legislature of each Province may, from time to time, 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 members may at any time be increased by the General Parliament, regard being had to the proportionate rights then existing. 26. UntU pro-visions are made by the General Parliament, all the laws which, at the date of the proclamation constitutmg the Union, are in force in the Pro-vinces resjieotively, 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 powers and duties ; and relating to the jwoceed- 70 CONFEDERATION. int^ at elections, and to the period during which such elections may be continued ; and relating to the trial of controverted elec tions, and the proceedings incident thereto ; and relating to the vacating of seats of members, and to the issuing and execution of new writs in cas:.- of any seat being vacated otherwise than by a dissolution, shall respectively apply to elections of members to serve in the House of Commons for places situate in those Pro vinces respectively. 27. Every House of Commons shaU continue for five yeare fr'om the day of the return of the -writs choosing the same, and no longer; subject nevertheless, to be sooner prorogued or dissolved by the Governor. 28. There shaU be a session of the General Parliament once at least in every year, so that a period of twelve calendar months shaU not intervene 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 shaU have power to make laws for the peace, welfare and good government of the federated Provinces (sa-ving the sovereignty of England), and especially laws respecting the foUowing subjects : 1. The public debt and property. 2. The regulation of trade and commerce. 3. The imposition or regulation of duties of customs on imports and exports, except on exports of timber, logs, masts, spars, deals and sa-wn lumber, and of coal and oth^r minerals. 4. The imposition or regulation of excise duties. 5. The raising of money by all or any other modes or systems of taxation. 6. The borro-wing of money on the public credit. 7. Postal seiwice. 8. Lines of steam or other ships, raUways, 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. _ 71 10. Telegi-aphic communication, and the incorporation of telegraphic companies. 11. All such works as shall, although lying wholly within any Province, be specially declared, by the Acts autho rizing them, to be for the general advantage. 12. The census. 1 3. MUitia ; MUitary and Naval ser-vice and defence. 14. Beacons, buoys and light-houses. 15. Navigation and shipping. 16. Quarantine. 17. Sea-coast and mland fisheries. 18. Ferries between any Province and a foreign country, or between any two Provinces. 19. Currency and coinage. 20. Bankmg, incorporation of Banks, and the issue of paper money. 21. Sa-vings Banks. 22. Weights and measures. 23. BUls of exchange and promissory notes. 24. Interest. 25. Legal tender. 26. Bankruptcy and insolvency. 27. Patents of invention and discovery. 28. Copyrights. 29. Indians, and lands reserved for the Indians. 30. Naturalization and aliens. 31. Mariiage and divorce. 32. The Criminal Law, excepting the constitution of the Courts of ciiminal jurisdiction, but including the procedure in criminal matters. 33. Rendering uniform all or any of the laws relative to property and civU 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 Pro-vince untU sanctioned by the Legislature thereof. 72 CONFEDERATION. 34. The establishment of a Genei-al Com-t of Appeal for the federated Pro-\-inces. 35. Immigiation. 36. AgriciUture. 37. And generally i-especting all matters of a general chai-ac- ter, not specially and exclusively reserved for the Local Governments iuid Legislatures. 30. The Genei-al Government and Parliament shall have all powers necessary or proper for performing the obligations of the federated Provmces, as p;u-t of the British Empii-e, to foreign countries, arising under treaties between Great Britain and such countries. 31. The General Parliament may also, fi-om time to time, establish additional Courts ; and the General Government may appoint Judges and officei-s thereof, when the same shall appear necessary or for the pubhc advantage, in order to the due execution of the laws of Parliament. 32. All Coiu-ts, Judges tmd officei-s of the several Pi-o-dnces shall aid, assist and obey the General Government in the exercise of its rights and powers, and for such purposes shall be held to be Coiu-ts, Judges and Officers of the G-enei-al 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 then sal;u-ies. 34. UntU the consolidation of tlie laws of Upper Canada, New Brunswick, Nova Scotia, Newfoundland and Prince Edward Island, the Judges of these Provmces appointed by the General Govern ment shall be selected from then- respective Bars. 35. The Judges of the Courts of Lower Canada shall be selected fr'om the Bar of Lower Canada. 36. The Judges of tlie Court of Admiralty now receivino- sala ries shall be paid by the General Governmeut. 37. The Judges of the Sujierior Courts shaU hold their offices durmg good behavioui-, and shall be removable only on the address of both Houses of Parliament. CONFEDERATION. 73 LOCAL GOVERNMENT. 38. For each of the Pro-vinces there shall be an executive officer styled the Lieutenant-Governor, who shall be appointed by the Governor-General in ComicU, under the Great Seal of the Fede rated Pro-vinces, 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 Government. 40. In undertaking to pay the salaries of the Lieutenant- Governors, the Conference does not desire to prejudice the claim of Prince Edward Island upon the Imperial Government for the amount now paid for the salary of the Lieutenant-Governor thereof. 41. The Local Government and Legislature of each Pro-vinco shaU be constructed in such manner as the existing Legislature of such Province shaU pro-vide. 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 foUo-wing subjects : 1. Direct taxation and the imposition of duties on the export of timber, logs, masts, spars, deals and sawn lumber, and of coals and other minerals. 2. Borrowing money on the credit of the Pro-vince. 3. The establishment and tenure of local offices, and the appointment and payment of local officers. 4. Agriculture. 5. Immigration. 6. Education ; sa-ving the rights and privUeges 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 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 tentiaries, and of public and reformatory prisons. 10. The establishment, maintenance and management of hospi tals, asylums, charities, and eleemosynary institutions. 11. Municipal institutions. 12. Shop, saloon, tavern, auctioneer and other licenses. 13. Local works. 14. The incorporation of private and local companies, except such as relate to matters assigned to the General Parliament. 15. Property and ci-vil rights, excepting those portions thereof assigned to the General Parliament. 16. Inflicting punishment by fines, penalties, imprisonment, or otherwise for the breach of laws passed in relation to any subject -within their jurisdiction. 17. The administration of justice, including the constitution, maintenance and organization of the courts — both of civU and criminal jurisdiction, and including also the procedure in civU matters. 18. And generally all matters of a private or local natm-e, not assigned to the General Parliament. 44. The power of respiting, reprieving and pardoning prisoners convicted of crimes, and of commuting and remitting of sentences, in whole or bi 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. 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 Courts of Lower Canada. 47. No lands or property belonging to the General or Local Government shall be liable to taxation. 48. All bUls 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 bUl, 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, resolution, address or biU is passed. 50. Any bill of the General Parliament may be reserved in the usual manner for Her Majesty's assent; and any bill of the Local Legislatures may in like manner be reserved for the consideration of the Governor-General. 51. Any biU passed by the General Parliament shall be subject to disallowance by Her Majesty within two years, as in the case of biUs passed by the Legislatures of the said Provinces hitherto; and in like manner any bUl 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 Pro-vinces shaU be Ottawa, subject to the ROyal Prerogative. 53. Subject to any future action of the respective Local Govern ments, the Seat of the Local Government in Upper Canada shall be Toronto; of Lower Canada, Quebec; and the Seats of the Local Governments in the other Pro-vinces shall be as at present. 76 CONFEDERATION. PROPERTY AND LIABILITIES. 54. All stocks, cash, bankers' balances and securities for money belonoing to each Pro-yince, at the time of the union, except as hereinafter mentioned, shaU belong to the General Government. 55. The folio-wing public works and property of each Pro-vince, shall belong to the General Government, to -wit : 1. Canals. 2. Public harbours. 3. Light-houses and piers. ¦'¦ 4. Steamboats, dredges and public vessels. 5. River and lake improvements. 6. Railways and raUway stocks, mortgages and other debts due by raUway companies. 7. MUitary roads. 8. Custom houses, post offices and other public buUdings, 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 kno-wn as ordnance property. 10. Armories, drill sheds, mUitaiy clothing and munitions of war. 11. Lands set apkrt 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 Local Governments shall also belong to those Governments respectively. CONFEDERATION. 77 59. The several Pro-vinces shall retain aU 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. 60. The General 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 imion -vrith a debt not exceeding $8,000,000, and New Bruns-wick -with a debt not exceeding $7,000,000. 62. In case Nova Scotia or New Brunswick do not incur liabUities 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 shaU 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 intrinded to limit the powers given to tho respective Governments of those Provinces by Legislative authority, but only to limit the maximum amount of charge to be assumed by the General Government. Pro-vided 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. Ne-wfoundland and Prince Edward Island not ha-ving in curred debts equal to those of the other Provinces, shall be enti tled to receive, by half-yearly payments, m advance, from the General Government, the interest at five per cent, on the differ 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 Bruns-wick. 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 78 CONFEDERATION. for local purposes, and 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 effect, an additional allowance of $63,000 per annum shall be made to that Pro-vince. But that so long as the jliabUity of that Province remains under $7,000,000, a deduction equal to the interest on such deficiency shall be made from the $63,000. 66. 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 ungranted and unoccupied lands of the Cro-wn,, it is agreed that the sum of $150,000 shaU each' year be paid to that Pro-vince, by semi-annual payments. Pro^-ided^that 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. 67. 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 RaUway fr-om Riviere-du-Loup, through New Bruns-wick, to Truro in Nova Scotia. 69. The communications -with the North-Western Territory, and the improvements requfred for the development of the trade of the great West with the seaboard, are regarded by this Confer ence as subjects of the highest importance to the Federated Pro-vinces, 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 ParUaments shaU be sought for the Union of the Pro-vinces, 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^ CONFEDERATION. 79 tion to its Q-wn Government, and the Chairman is authorized to submit a copy to the Governor-General for transmission to the Secretary of State for the Colonies. It wUl be observed that these resolutions 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 1867. As the financial arrangements constituted the prmcipal difficulty throughout the preliminary negotiations, and were afterwards in the Confederated Parhament frequently made the subject of much discussion, and of many very different constructions, it would be as weU to preserve the statements and figures made and used at the Quebec Conference. They were subsequently tabulated* and arranged 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. [80] 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. On the 28th October, the Convention closed its sittings at Quebec, and adjourned to Montreal. We -will now pause, and, looking at the current events that surrounded the Convention whUe at Quebec, endeavour to trace the formation of public opinion on the important subject under the consideration of its members. The Resolutions themselves were not made public in extenso, because the delegates had first to report them to their respective Governments ; but the purport of them was sufficiently kno-wn, through the instrumentality of the press, to enable a tolerably correct estimate to be formed of their character. The one broad fact, at any rate, was proclaimed — that the representatives of the several Pro-vinces had agreed upon a plan for union of aU 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 detaUs of the plan, that we have at present to deal. It would be superfluous to observe, that during the sitting of the Convention, the weU-known hospitalities of Quebec were extended to its members. Those graceful courtesies which in private life had made its society the delight of strangers, and the capital of old Canada the most acceptable station to Her Majesty's forces when serving abroad, were offered in profusion. But it is to public matters our attention must be turned. The proceedmgs of the Convention were watched with intense interest by the representatives of the press from the different centres of influence throughout the country ; and though, by the determination of the Convention to sit -with 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 information was obtained to indicate their tendency and character. The conduct of the press -was most admirable. No attempt was made to foster party preju dice, or create local jealousies ; no effort to advance the indi-vidual triumph of one politician over another ; no fulsome eulogy. All was fair — a determination to wait untU the whole projet was promulgated; 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 faU, from its entire insufficiency to accomplish the end proposed. Tacitus, in his " De Moribus Germanorum," states that it was the custom of that ancient people, when any great measure was to be proposed, or any great work undertaken, to gather together in general assembly, when much -feasting took place, and great drunk enness prevaUed, and there and then to discuss -with the fullest fi'eedom the subject matter they had met to consider, but not to determine upon it untU the day after. Thus, he tersely observes, " Deliberant dum fingere nesciunt, constituunt dum errare non possunt." They deliberate whUe they cannot feign ; they deter mine when they cannot err. 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 race and their descendants in every part of the world, to inaugurate great under takings -with eating and drinking. If a raUroad is to be buUt, 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 institution to be founded, a dock to be opened, an asylum to be buUt, a call for money for any great work to be made, a banquet must be 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 wiU refuse it ; he has certain political rights — he wUl defy you 82 CONFEDERATION. to touch them ; things are good enough as they are — he does not want any change. But reason -with him, show him that a thing is right ; he is a gregarious animal ; convince his neighlSours -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 wUl become as enthusiastic as before he -was obdurate, as liberal as before he was close, as generous in the concession of rights as before he was reserved, and as ready to go heart and soul 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 fiowers of speech, his heart and hand and purse are open. But try to take his money from him against his -will, and he would not yield it, if it was to buUd a pathway to heaven ; try to trample upon a right, and no power on earth would make him concede it. This utUizing 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 in any great 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 attainment to maturity must depend upon 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 fruit 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 first authoritatively announced by the representatives of the several Provinces to their people. It is not proposed to give in fuU the speeches made on this and simUar occasions, or in any of the parliamentary debates or public demonstrations throughout the three succeeding years immediately preceding Confederation. Selecting the leading points, condensing CONFEDERATION. 83 without weakening the infoimation conveyed, and avoidmg, as far as possible, the reiteration by different speakers of the same idea, -will afford, it is believed, a correct estimate of the gradual process by which a change in the constitutional government of the Provinces was brought about — a change for which the public mind was prepared, and to which its tendencies were directed. 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 whUe the merchants of Quebec did not think they were caUed upon to express an opinion on the question of confederation itself, they all heartily desired some change in their then position. They desired a thorough commercial union. They desired that the unequal and hostile tariffs of the several Pro-vinces shoiUd disappear. They wanted one tariff instead of five. They wanted a commercial union under the flag of Eng land, strengthened stUl further by the iron ties of the Intercolo nial Railway. They had long been in the habit of calling the Maritime Provinces sister colonies ; but not-withstanding this appellation, they were strangers to each other, as was sho-wn by the diversity of tariffs ; but they hoped a new era was about dawning upon them." The Hon. Dr. Tupper, the Provincial Secretary of Nova' Scotia, on behalf of that Pro-vince remarked : " That assembled as the delegates were in an endeavour to devise, imder the authority and with the sanction of the Crown of Great Britain, a better system for their country, they were obliged to observe that confidence 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 desirable to choose a sounder and more judicious system for the British North American Provinces.." He briefly referred to 84 CONFEDERATION. a few of the advantages likely to accrue from a union with the Man- time Provinces. " It was true," he observed, " that the Canadians possessed a boundless country and a large population ; but -vdth 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 sisty thousand square mUes of country, and an additional population 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 fqr 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. La-wrence, 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 five months of the year. The remedy for this state of things was the construction of the Intercolonial RaUway. This work would provide a highway to the ocean over British territory, gi-ving not political greatness alone, but commercial greatness Uke-wise. The question under consider ation was, however, a great and important 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 vaUed that the magnitude of this question demanded that all partizanship should cease whUe the matter was being discussed." The Hon. Mr. Tilley, the Provincial Secretary of New Bruns- "wick, replied for that Pro-vince with equal frankness, and remark ing upon the cordial feeling, observed : " The delegates from the Lower Provinces were not seeking this union. They had assembled at Charlotteto-wn in order to see whether they could not extend their own famUy 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 arising 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 their debts, and after pro-viding liberally for roads, bridges and other public works, they would have a surplus of half a mUlion." ¦» * * Next alluding to the Intercolonial RaUway project, he said, " their feeling on this subject was : ' We wont have this union unless you give us the raUway.' 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 uniform tariff, but such a union, whether federal 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 country '! Because we had hitherto been confined to two markets — English and the United States. Now a union with the Lower Provinces would not only give the benefit of their 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 o-wn Province a certain amount of the maritime element ; but not so much as we should have after a union -with the sister Pro-vinces. 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 Pro-vinces had been amply sho-wn, and it had been abundantly proved that they came not as seeking assistance, but in a broad and national spirit. He was glad their speeches would go forth 86 CONFEDERATION. to the public, and that it would be seen that the Pro-vinces 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 Etienne 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-^Tnces were then assembled at Quebec — the Confederation of the British American Provinces. The union of British America had been recommended by Lord Durham, and thougSti 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 Ne-wfoundland; and the Hon. and gallant Colonel Gray, the Premier of Prince Edward Island, and Chairman of the Charlotteto-wn Convention, replied for their 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 literary institutions were equally earnest in their cordial expressions of concurrence. Among others, the Laval University, reno-whed 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 Pro-vinces with an address which is well worthy of beino- remembered. The venerable Bishop of Tloa, the administrator of the diocese of Quebec, the Rector, Deans, Professors and officers of the institution, with the pupUs from the Quebec Seminary, 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 foUo-wing address : CONFEDERATION. 87 Honorable Gentlemen, — ^There are in the lives of nations, as in those of indi-viduals, moments of solemn import, on which their destiny hangs. The British Colonies of North America are now in one of those critical periods, the influence of which may even surpass our pre-vision. History will hand down to posterity the names of those whom the confidence of their fellow-citizens has entrusted -with this 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 indifferent to debates which concern our common country, understanding as it does how well worthy of the best wishes of aU are the eminent personages on whose shoulders weighs so hea-vy a responsibUity. Moreover, the prosperity of an 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. La-wrence, five millions of British subjects await the result of your important labors. The students of the Quebec 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 tum, 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 assm^e you, honorable gentlemen, in the name of all our pupUs and alumni, that your -visit -will be long borne in mind by them. Nor wUl it be without result, for, whUe engaged m the task of developing their intelligence, they will be animated by the grateful remembrance of the honor conferred on their alma mater by the presence of the most eminent and most influential men of this immense territory. Hon. Dr. Tupper, on behalf of himself and associate delegates, read the folio-wing reply : 88 CONFEDERATION. To the Yery Rev. E. A. Taschereau, D.C.L., Rector of the University of Laval. Vert Reverend Sir, — We beg to express our grateful estimate of the very flattering terms in which we have been addressed by you on behalf of the Faculties and Alumni of this distinguished University, and of the Professors and Students of the Quebec Seminary. Engaged as we are in the important duty of endeavouring, in ¦conjunction with the Government of Canada, so to improve the political institutions of the British American Provinces as to pro mote the common interests of aU, 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 Seminary, as also the Faculties and Alumni of Laval University, may rest assured that our best efforts -wiU be exerted to find a -wise solution of the great question which has been submitted to our deliberations ; but in any event, we -wUl 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, Kova Scotia. S. L. Tilley, W. H. Steeves, J. M. Johnston, E. B. Chandler, J. H. Gray, Chas. Fisher, Xew Brunswick. F. B. T. Carter, J. Ambrose Shea, Newfoundland. J. H. Gray, E. Palmer, W. H. Pope, A. A. McDonald* George Coles, T. Heath Haviland, Edward Whelan Prince Edwa/rd Island. Thus, in every way in which public opinion could be jud 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 -wUl be clearly defined in the Constitution Act to be passed by the British Parliament, so that there -wUl 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 e-vil 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 affairs. In the government to be formed under this new constitution whUe we have committed to the local governments aU that neoessarUy and properly belongs to the localities, we have reserved for the general government aU those powers which wUl 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 pro-vmcial 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 disallo-wino- all bills passed by the local legislatures is to be vested in the CONFEDERATION. 123 Governor-General in councU. In this way we wUl have a com plete chain of authority, extending do-wn 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 ad-vised by heads of departments responsible to the people. Thus we -wUl 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 different 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 stUl 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 earUest moment in a thorough state of defence. We have agreed, said he, to buUd the Intercolonial Railway. 1 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 heartUy to-day — ^that -without the Intercolonial RaUway there could be no union of these Pro-vinces ; and after a careful consideration of the question in all its bearings, and after counting the full cost, I am prepared to advocate the buUding of that road, in order to accom plish the great objects we have in -view in the scheme of confede ration. In agreeing to buUd the Intercolonial RaUway, 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. WhUe we have sought confederation -with Nova Scotia, New Bruns-wick, Ne-wfoundland, 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 like'wise 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 territory. 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 stUl 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 my honorable friend, Mr. McCully, if there 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 untU 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 Province, and in strong language declared his endorsation of the views already expressed by his colleagues, Hon. Messrs. Palmer, Coles, Ha-viland and Whelan, from that Island. Thus closed the demonstrations in Ontario. A rude awakening, however, awaited those gentlemen from the Maritime Pro-vinces 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 Bruns-wick was like the hurricane of the tropics. Fa;ir 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 storm burst out from the opposite quarter with more fearful violence ; the darkness was more tangible, and destruction seemed CONFEDERATION. 125 inevitable. In New Brunswick the storm came first from political foes, but was foUowed 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 Governor-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 thefoUo-wing despatch, the strong expression of its approval : Downing Street, Srd 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 then 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 in-vitation 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 Pro-vinces, and have arrived at a conclusion destined to exercise a most important influence upon the future welfare of the whole community. Ajiimated 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-wn ; steadfastly attached to the institu tions under which they hve, they have conducted their deliberations with patient sagacity, and have arrived at unanimous conclusions on questions invol-ving many difficulties, and calculated, under less favourable circumstances, to have given rise to many differences of opinion. CONFEDERATION. 127 Such an event is in the highest degree honourable to those who have taken part in these dehberations. It must inspire confidence in the men by whose judgment and temper this result has been attained, and -wUl ever remain on record as an evidence of the salutary influence exercised by the institutions under which those qualities have been so signally developed. Her Majesty's Government have given to your despatch, and to the resolutions of the Conference, their most deliberate considera tion. They have regarded them as a whole, and as ha-ving been designed by those who have framed them to establish as complete and perfect a union of the whole into one government, as the circumstances of the case and a due consideration of existing o interests would admit. They accept them, therefore, as being, in the dehberate 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 pro-visions 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 ob-viously intended to secure to the central government the means of effective action throughout the several Provinces, and to guard against those e-vils 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 steadUy kept in view. The importance of this principle cannot be overrated. Its maintenance is essential to the practical efficiency 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. 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 pro-visions of great impor tance, 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 Cro-wn, but by the Central. Govern ment of the United Pro-vinces. The second point which Her Majesty's Government desire should be reconsidered, is the constitution of the Legislative CouncU. 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 consideration whether, if the members be appointed for life and their number be fixed, there wiU be any sufficient means of restoring harmony between the Legislative CouncU and the popular Assembly, if it shall ever unfortunately happen that a decided difference of opinion shall arise between them. These two points, relating to the prerogative of the Cro-wn, and to the constitution of the upper chamber, have appeared to require distinct and separate notice. Questions of minor consequence, and matters of detaUed arrangement, may properly be reserved for a future time, when, the provisions of the bUl intended to be sub mitted to the Imperial Parhament shall -come under consideration. Her Majesty's Government anticipate no serious difficulty in this part of the case, since the resolutions -wiU generaUy be found CONFEDERATION. 129 sufficiently explicit to guide those who wUl be intrusted with the preparation of the bUl. It appears to them, therefore, that you should nov take immediate measures, in concert with the Lieutenant-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 Legislatures sanction and adopt the scheme. Her Majesty's Government -will render you aU the assistance in their power for carrying it into effect. It -will probably be found to be the most convenient course that, in concert -with 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 bUl, and give to Her Majesty's Government the benefit of thefr counsel upon any questions which may arise during the passage of the measure through the two Houses of Parhament. I have, &c., (Signed) E. Cardwell. Governor Viscount Monck, &c. &c. &c. The two points particularly selected for reconsideration, namely, the prerogative of pardon and the non-expansive character of the Legislative CouncU, were subsequently remodelled in the Confer ence at London in 1867, which met in accordance with the sugges tion in the last paragraph, under authority of the several Provincial Legislatures. The otherwise undoubted sanction of Her Majesty's Govern ment gave great strength to the cause of Confederation, and rendered the future contest simply one of overcoming local preju dices in the several constituencies of the Pro-vinces. The change was to be of voluntary adoption, without coercion, or even the threat of coercion, by the dominant authority. A more bloodless revolution never was brought about. The foundations of an empire were laid in peace, and the future prosperity and greatness of their country was left entirely to the colonists themselves, under the fostering care of the parent state. Whatever charges may be brought against Great Britain, whatever other nations may say, or the dark pages of past history record of her tyranny, her power, 130 CONFEDERATION. or her pride, by the Canadian her name -will be venerated, and her conduct on this occasion be pointed to by the future genera^ tions of the Dominion as an instance without paraUel, of a great country, under no compulsion, conceding privileges, and consoli dating powers, which might at some future day be used to her disadvantage — of a great country relying upon the justness of her intentions and the soundness of her principles, -without regard to what might be the consequences to herself, in the diminution of authority, or the contraction of her domain. The English press was not less outspoken. Almost on the same day, as if the national pulse were vibrating to the same sensation, from England and from Scotland came words of cheer. It is well, they should not be forgotten. The Conference was at this time sitting in Quebec, and amid the Anglo-Saxon races of the old and the new world the subject engaged attention. What had occurred in the Convention at Charlotteto-wn, and the subsequent meetings at Halifax and St. John during the previous month, was then well kno-wn in England, and the favorable comments which came across the Atlantic to the delegates at Quebec, added to the zeal with which they pressed on the work. No doubt was left that if they could arrange the detaUs in a way satisfactory to their several Provinces, pubhc opinion would sustain them on the gene ral question in England. In after years this record of the impres sions pf the day may be interesting if not useful. A rebeUion was no longer necessary to waken the pubhc mind in the old country to the affairs of the colonies in the new, and the message was conveyed to them in very unequivocal terms, that they could, -without interference from the mother country, shape their future course in the way they thought best for then- o-wn interests — con nected, if they chose to remain ; separated, if they preferred to be. The London Daily Telegraph, which its special commissioner in Canada, Mr. Sala, stated had a daily circulation of 120,000, and represented an influential phase of pubhc opinion in England, observed in its issue of the 12th of October, 1864 : " Seldom has there been held a more important conference of statesmen than that which assembled recently at Halifax to con- CONFEDERATION. 131 sider the proposed federation of the British North American Pro vinces, On their dehberations depends, to a very great extent, the future of a country which possesses magnificent resources, and which contains -within it the germs of a mighty empire. The statesmen of British North America have conceived the grand idea of a federation. They -wish to buUd up a nation ; but they also -wish — and this is the true imperial justification of their scheme — to have this nation stUl linked by^ the closest ties to Great Britain. In other words, they have no notion of seceding ; they -wish, rather, by increasing their own strength, to become worthier members of the central state. To this end their nota bles have met together, and so far is the movement from ha-ving any separatist tendency, that it received, two years ago, official encouragement from the Imperial Government. Add to this fact the equaUy significant circumstance that the officials of the Pro- -vinces and the Admiral of the British fleet upon the American station joined in the recent proceedings, and it -will at once be seen that the object is one in which the mother country can heartUy co-operate -with her thriving chUdren across the Atlantic. It may be possible that a few Canadians would prefer incorpora tion -with the northern portion of the late United States ; but the number of these is insignificant, and the disloyal faction would at once be overwhelmed and swept away by the creation of the new confederacy. We must not forget that, granted certain changes in American politics, the enforcement of the Monroe doc trine would be one of the first objects sought by our restless cousins : aU the better wUl it be, by welding the British Pro-vinces into one compact nationahty, to proclaim at once that we regard this famous doctrine as an insolent threat, which we hold ourselves prepared to resist by force of aims. " Firmly belie-ving that the project wUl be immensely beneficial to the colonies, we are con-vinced that it wiU be equally accept able to the home government. As the matter already stands, England is committed to the protection of every acre of her soU, be it on the Indus, the Murray, the St. La-wrence, or the Thames. Doubtless the responsibUity is great ; doubtless the work is ar duous ; but the duty exists. The best way, indeed, to lighten it 132 CONFEDERATION. is to call upon our colonies themselves to take measures for their o-wn defence, assuring them that whenever the odds are too hea-rUy against them, whenever the danger becomes serious, we pledge the British Empire to thefr aid." The London jVews of October 12th, 1864, remarked upon the incei:)tion of a " Great British American Nation : " " Monday last, the 10th of October, is likely to prove an im portant date in the history of British North America. It was the day which the Governor-General of Canada, acting under the authority of the Imperial Government, had appointed for a formal conference at Quebec, of the Governments of Canada, Nova Scotia, New Bruns-wick, Ne-wfoundland and Prince Edward Island, for the purpose of considering and agreeing upon a complete scheme for embracing all those Provinces in a federal union. a if- * * j^; jg proposed, then, to osganize th^ confederation at first in three sections, of which Upper Canada will form one. Lower Canada another, and Nova Scotia, New Bruns-wick, Prince Edward Island and Ne-wfoundland united a tlurd. The reason for separating the two Canadas -will occur to every one who has foUowed the recent history of those Pro-vinces. The scheme of confederation -wUl admit of the subsequent accession of the North west Territory, British Columbia and Vancouver Island ; but the work immediately in hand is the federal union of the Provinces we have enumerated. " HappUy the finances of the various .Pro-vinces offer no insur mountable obstacle to the assumption of all their liabUities and assets by the federal government, inasmuch as the debts and annual burdens now borne by the people of the several Pro-vinces are pretty nearly equal, and the revenue of each is somewhat in excess of the expenditure. More difference of opinion exists as to the constitution of the local or sectional legislative assembUes. Some are for two chambers, while others prefer the simplicity of one only ; some would make the local executive responsible to the legislature ; others desire that the Lieutenant-Governor and other chief officers may be directly elected by the people. As, however, CONFEDERATION. 133 it is not absolutely necessary that the several sections, in order to bear their part in the common system, should be organized alike for local purposes, differences of opinion on these points will not seriously obstruct the fonnatiou of the general union. The first requisite in the constitution of the confederation is that the powers of government be so distributed between tho federal and sectional authorities, that each portion of the whole shall feel that its local interests are safe in its o-wn power, whUe the strength of all may be combined to promote the general prosperity. " We see no reason to doubt that the delegates now assembled at Quebec will succeed in their great work, and having done so, they -wUl have constituted, in the words, thrice rejieated, of one of the ministers of Canada, " a great British American nation," redeemed from provinciality, richly endowed and secure in the present, and able to look onward -with confidence to the future." The Peterhead Observer, of October 14th, 1864, said : " The leading men of Canada are no tardy reformers. Instead of spending years in aimless controversy, as would have been done at home, tho Governor of Canada summoned the Colonial Gover nors to a conference at Quebec on the 10th instant, for the 'purpose of arranging the confederation of the British Pro'vinces.' Of course, only when met would the real difficulties be fully realized, but then, too, would they be grappled with by earnest and able men. It is a remarkable fact — indeed, altogether unpre cedented — that in this country the most of our influential j oumals have given the great scheme a prompt and hearty support ; whUe generally throughout the country it has called forth deep and genuine sympathy. We can as.sure our friends in Canada that this movement is watched here -with profound interest, and that the result of the conference at Quebec is waited for with an anxiety only greater in degree among those whose social well- being and national dignity 'wUl be directly and mightily affected. Some narrow-minded and ungenerous souls have characterized the proposal as one emanating from selfish and ambitious men. They see in it, or say they see in it, the ' geirms' of an entire separation, 134 CONFEDERATION. and the establishment of another and more dangerous enemy, in the shape of a new United States. Their feeble utterances have scarcely been heard, and have nowhere been heeded. If carried out in the spirit which has hitherto distinguished those who have .hitherto taken the initiative, and who must continue to take the leading part, there can be no doubt that the parent country, as well as the Provinces, 'will be directly and manifestly benefited. The nature and objects of this proposed confederation of the British Provinces have been more than once discussed in these columns, and we can only say that the farther they are developed, it becomes more apparent to us that they merit the active sym pathy of all who have faith in national progress. " The material aspect of this question is certainly rather im pressive. Since these remarks were -written, we see it stated in a southern cotemporary that the confederation would have a popu lation httle short of four mUhons, -with half a million able-bodied men available for the defence of the country, placing them before thirty-seven out of forty-seven sovereign states. Upward of 45,000,000 acres are held by colonists, and of these 13,000,000 are under cultivation. The crops, according to the estimate of the Hon. George Bro-wn, would value nearly 120,000,000 of dollars. The exports of fish alone, we are further informed and this fact is peculiarly interesting to us — amounts to ten mUhons of dollars, and those of timber to fifteen miUions. The total annual exports are no less than 65,000,000 dollars, and the im ports are of an equal amount. The confederation would have an annual government revenue of thirteen mUlions of dollars. These facts afford food for thought, and show what stuff there is out of which to make a nation." The London Star of October 10th, 1864, thus spoke : " The important conferences which are being held in the colo nies of British North America, and which are stUl far from having terminated then- weighty labours, have under considera^ tion perhaps the most momentous question which can stir the CONFEDERATION. 135 heart of a great community. They are endeavouring to weld ¦together those scattered populations which have heretofore only been united in their aUegiance to the mother country, and to lay the foundation of what -wUl one day be both a nation and an empire. Up to the present moment those colonies have been di-vided — divided not less by rival interests and unfriendly tariffs than by geographical lines of demarcation. The time and energy of their pubhc men have often been frittered away by petty con. troversies, instead of being concentrated on objects worthy of the high destiny which Hes (before the inhabitants of a country that rivals the United States in the extent of its superficial area and the magnificence of its resources. Now aU this bids fair to termi nate. Adopting for their motto the principle that union is strength, the best men of each Pro-vince and of aU parties have combined together to establish a grand confederation of states, which shall combine in its ample folds the maritime colonies of Nova Scotia, New Brunswick, Ne-wfoundland and Prince Edward Island, the noble cities and the far-reaching settlements of the two Canadas, and the vast colonizable regions of the Hudson's Bay Company which stretch westward to the Rocky Mountains. Truly the scheme is a grand one, and as wise and practical in its objects as it is bold in conception. HappUy, too, there is no con quest to be achieved, no blood to be shed, no native races to be exterminated, no Cortes required to plant his cruel banner in the halls of some western Montezuma. The new empire has long been occupied by Anglo-Saxon communities, who have carried -with them British enterprise and the laws and institutions of the land from which they have sprung, and who now desire to buUd up a nationality which shall prove a source of strength not only to themselves but to the empire at large. As we have before had occasion to remark, the object is one which must excite the deep est sympathy of every Englishman who prizes the greatness of his country and his race." The London Times of October 15th, 1864, observed : " The American press has for a long time given us the fuUest information as to the -visions which float before the eyes of the 136 CONFEDERATION. politicians of the North with reference to the conclusion of the war. That event they regard, no doubt, -with the most anxious desire for its accomplishment ; but their reasons for desiring it are very peculiar, and well worthy our attention. They look forward to the time when the North and South ha-ving been by some magical process, of which we can as yet form no idea, welded once more together into a single harmonious whole, can imite together for the ijurpose of subjugating the colonies of Great Britain. Even the South herself, as we are informed in recent letters, whUe refusing to admit the probabUity of being subdued, consoles itself for the possibUity of defeat by the agreeable reflection that she could in that case, at any rate, join with the North in a crusade against England, whom she seems to hate worse for not coming to her assistance in a war which she. chose to enter into without con sul tmg us, -than she does the North for ha-ving formed a benevo lent project for her extermination. The situation of the colonies is thus exceedingly critical ; they know not how soon, or on what pretext, or what absence of pretext, the vast armies now engaged in mutual destruction may unite together for the purpose of sub jugating them. **-*-** " A conference has been held, and as far as we understand, is still sitting at Halifax. Nothing can be more in accordance with the interests and the wishes of this country than that the North American colonies should gather themselves up into a nation, which should be, not Canadian, nor Nova Scotian, but British Ajnerican. Conscious as we are of our inabUity to protect these colonies by land in case of war, we must naturally rejoice at any event which seems to place them in a position in which they would be better able to protect themselves. There was a time, no doubt, when the uniting of the colonies in a single state would have been regarded by England -with considerable jealousy, as forming a powerful dependency which it might be difficult for the mother country to coerce in case of its desire for separation ; but the difficulties exist no longer. We have freely, and I hope for ever given up the idea of retaining our discontented colonies by the sword. The power we desire to exercise is entirely a moral one, and, strong or weak, the dependency that -wishes to quit us CONFEDERATION. 137 has only solenmly to make up its mind to that effect. * * * We, looking at our colonial empire from the central seat of authorrity, are apt to consider it as an organized whole, because we have clearly defined relations -with each part of it, fiji-getting that c^aoh of those parts has no common relation with the other. It is time, at least, in the presence of so powerful a military state as the American Union has become, that some connection between the foreign dominions of the tiueen should be established. In our -view the closer the connection the better. Something, doubtless, must be left to the local Assembly of each Provuice ; but we sin cerely trust that the precedent followed wUl not be that of a num ber of sovereign states delegating certain definite functions to a central congress, but rather that of a full central authority, out of the powers of which are excepted certain municipal functions. We hope, in short, that everything which is not speeially assigned to the local governments -wUl be central, rather than that every thing not assigned to the central government -will be, as in the United States, local." Practical Scotland spoke her -views with equal plainness. The Glasgow Mall, October 14, 1864, said : " The project which contemplates the establishment of a federal union between the six great provinces of British America, wears a stately aspect. Its very magnitude gives it an imposing air, and in itself proves an attraction. In an age of little men and of peddling measures, it comes upon one -with a grateful surprise to find a scheme of such breadth and scope put forward. Even as a speculative idea it is sure to -win the favourable regard of every political student, who has imagination and foresight enough to keep him from confounding two things that are too often -viewed as identical — ^the merely jialtry and the truly practical. And it is no mere day-dream, the magnificent conception of some liafr- brained thinker. It possesses solid recommendations; it opens up a way out from pressing difficulties, and on to desirable attain ments; and it has secured the warm approval, and the hearty advocacy of experienced and sagacious men — men who are really 10 1 38 CONFEDERATION. practical in the proper sense of that much-abused word. It now seems that a Conference at Chai-lotteto-wn, attended not only by representative men from the two Ciuiadas, but also by delegates from Nova Scotia, New Brunswick, and Prince Edward Island, have unanimously approved it. The close of the Conference was signalised in true British fashion, by a pubhc dinner, held in Halifax, on the 19th ultimo. Among the guests were Sfr R. Macdonnell, the Lieutenant-Governor of Nova Scotia, and our countryman, the g-allant Sir James Hope, the Admiral on the station. Speeches were made by Messi-s. Cartier, Bro-svn, and Macdonald, of Canada ; Tupper and Archibald, of Nova Scotia ; Johnson and Gray, of New Bruns-wick ; D'Arcy McGee, the quondam Young Irelander, who is now Canadian Minister of Agriculture, and others — all in enthusiastic pi-aise and support of the scheme. Particular mterest attaches to sundry pregnant words let faU by the Lieutenant-Governor. It was in this -wise that Sir Richard MacdonneU spoke : ' I have aheady aUuded to the change which has come over the colonial administration in late years — how very different it is from the days when we lost one of the finest portions of the earth, the neio-hbourino- States, through what would now be considered very great ionor- ance of the fii-st principles of government, and very culpable mismanagement. Any gentleman sei-viug her ^Majesty in the capacity that I do, must feel very differently from -nhat one woiUd in former days. He is not sent out to buUd up or maintain any monopoly here for the benefit of parties in England. He has no such mission now ; and I have no hesitation ui sayincr that her Majesty's Government, though for obvious reasons unhkely to initiate any scheme of union amongst you, yet looks -with an affectionate and parental interest on the proceedings which you have initiated. Though there may be a diflerence of opuiion as to the measures which you are considering, her Majesty's Govern ment, equally with yourselves, is desirous that you should agree upon some unity of action, as to many matters in which you have a community of mterest. Her Majesty's Government have not forbidden me to say this much, and I believe it is its intention to give the most favourable consideration to the result of the deliber- CONFEDERATION. 139 ations of the gentlemen who are now around this board.' These are frank and wise words, which we trust Mr. Cardwell, or who ever comes after him at the Colonial Office, -will be called on to redeem. They indicate the only course which a iiatriotic and sensible Minister could think of pmsumg. Beyond taking care that none of the minor colonies are coerced into the proposal, he has no duty in relation to it. Their freewill he is bomid to protect ; but there his function ends. Nobody can doubt that a union freely formed, resulting in one system of laws, a single Parhament, and a single Ministry, -with judicious provision for the maintenance of local powers, would be a vast advantage to the colonies themselves. As Uttle can it be questioned that the change would be advantageous to the mother country. To cite but a few instances of the benefits that must needs accrue : — It would be attended with less cost, for the Federation, while presenting a broader area for internal taxation, would be stimulated by a proud desire to do without British help ; it would be attended -with less trouble, for the whole brood of sectional jealousies would at once be swept out of the ken of the Colonial Office, which would stand face to face 'with a Government, strong in talent and respectable m position — it being ine-vitable m such a case, that the ablest men should come to the top ; m a word, it would set a wholesome example of how to deal -with that vexing problem, which lies ahead at no great distance in other cases as well as in this, the problem of how to transmute a jealous dependency into a cordial ally, which, though retaining mayhap the golden link of the crown, should in all respects evince an unbought and unforced loyalty, an aUegiance without constraint, co-operation -without coercion, bonds -without bondage, the only fitting guerdon that freemen should care to seek or be willing to yield !" The Caledonian Mercury, October 12, 1864, said : " The British North Ajnerican Confederation project continues to make hopeful progress. The latest Canadian papers bring intelligence of a Conference held at Charlotteto-wn, Prince Edward Island, and attended by representatives of all our North American 1 40 CONFEDERATION. colonies, the proceedings of which, so fea- as they had gone, must be considered as highly favourable to the scheme. It is true that the Conference has as yet given forth no official declaration of the resiUts, at which it has arrived ; but its most prominent members, at an important banquet given in their honour at Halifax, have stated that the delegates were unanimously of opinion that it is highly desirable that all the British colonies in North America, should be united in one Confederation. This is so far good, and we trust that the further labours of the Conference wiU be equaUy snccessfiU. The most difficult part of the task, it is true, stUl remains to be done, -when matters of detaU, interfering possi bly -with local interests, -svill require to be adjusted ; but sectional prejudices must be strong indeed if they render abortive a plan, which is, beyond aU question, one of the grandest that has been proposed for the adoption of any people -within this generation. It may be worth while to look again at this scheme for a British American Confederation. We, in the old country, cannot be indifferent to the interests of our colonies. Their interest, in effect, is our interest. Thefr prosperity benefits us, and their adversity can seldom fail to re-act more or less injuriouslv upon us. We thuik it will not be difficult to show that, whether we look upon the proposal from a colonial or from an imperial point of view, the proposal of a Confederation is deserving of the most hearty support from aU concerned. Our North American colonies are six in number — Upper Canada, Lower Canada, Nova Scotia, New Brunswick, Newfoundland, and Prince Iklward Island- Upper and Lower C;mada might as weU have been separate, for any comfort that their union, on unequal terms, in 1840 has ever done them. They are separate from the other parts of British North America, which again, in their tum, are all separate fit)m each other. They are separate in their government and svstems of taxation. They fence themselves in from each other by the barriers of high protective tariffs. WhUe they aU acknowledge their common aUegiance to the Queen, they nevertheless ti-eat each other pretty much as if they were dealing -with foreigners and ahens, instead of fellow-subjects. The merchants of Halifax where the delegates to the Conference were so hospitablv enter- CONFEDERATION. 141 tained, cannot send their wares across the Bay of Fundy -without ha-ving to pay customs duties at St. John. The Nova Scotians, in their turn, do not fail to le^-y then maU on the merchandise of New Brunswick, when it seeks entrance -within their ports. The httle island of Prince Edward, again, as if anxious to be left alone in its own sovereign dignity, le-vies a tax on all her sister colonies, who venture to bring her commodities which she cannot produce for herself ; and they naturally respond to such a policy by subjecting her traders to a tax whenever they set foot -within then- borders. There are similar terms of intercommunion between Canada and the smaller colonies. Certainly this is by no means a satisfactory state of mattei'S. If the old-world doctrines of protection are absurd anywhere, it is assuredly when they interpose baixiers in the way of the free intercourse of citizens of the same kingdom. Free-trade may have its difficulties, as between one nation and another ; but surely the most bigoted Tory would never object to its being cairied out to the full -witluii the bounds of his own country. It is not only, however, as regards this matter of customs that the position of our North American colonies is incongruous, and calls for a change such as that proposed. WhUe they have so many common interests, they have no conimon action. Some of the speakers at the banquet put great stress upon the question of defence against a possible attack by the United States. WhUe we beheve that any fear of this kind is utterly chimerical, we are stiU of opinion that these colonies ought to be in such a position that they would be able to use the resources which they do possess, and which, under a united government, woiUd be readUy forthcoming for then- com mon defence against any enemy whatsoever." Instead of being half a dozen inconsidei-able colonies, not one of which would have any weight in the councils of the world, the people of British America may, by means of this scheme of a Confederation, become a great and powerful state. The separate governments, under which these colonies Uve, have hitherto answered no pur pose that might not have been better served under a common government ; while, on the other hand, they have produced and perpetuated causes of di-vision and mischief. Brought under a 142 CONFEDERATION. common government, they would at once attain to the dignity of a nation. With a population little short of four milhons, and with half a mUlion able-bodied men, available for the defence of the country, they would rank before thirty-seven out of the forty- eight sovereign States of Europe. Then, what scope they have alike for the increase of their population, and the extension of their territory ! The Old World States have bounds which they cannot pass, while the British American colonies, after they have filled up their as yet thinly-peopled territories, will have stUl before them an opening for their enterprise towards the north west. The agriculture and commerce of the Confederation would be as imposing as its population. * » * " Statistics go to show that if our North American colonies -vvoiUd heartUy adojit the scheme of a Confederation, they would at once take up a prominent and important position on the map of America and of the world. If there is anything to fegr from the United States — that great bugbear of the governing classes of this country, and of some Canadian politicians of the official home type — ^they would be able to hold their o-vm against any invasion. In the peaceful domains of commerce they would be the best customers of the United States ; and both nations would find the advantage of free intercourse and unrestricted trade. The strength that is, under the present system, to a gi-eat extent frittered away to little purpose, would by union accomplish much for the common good. WhUe there would be no invasion of the privileges of local self-government, the machinery of half a dozen petty admmistrations would be advantageously replaced by one common central Government for the whole Confederation. There would probably be a saving in point of expense, as well as a gain in point of efficiency. The advantages that would be reaped from the free interchange of trade can hardly be exag gerated. If free trade, indeed, were to be the only result of union, the adoption of the Confederation scheme would be highly desirable, even on this one account. Union and free trade among these colonies imply each other. When they become one State, their interests are recognised to be identical, and customs duties between one part of the Confederation and another would be as CONFEDERATION. 143 incongruous as between Lancashire and Yorkshire. Thus, by the free interchange of their productions, the wealth of all parts of the Confederation will be increased, and their gro-wing pros perity will not faU to give an impetus to the trade of the mother country. If any of our brethren in British America have the idea that we on this side of the water look -with the slightest jealousy on this scheme of Confederation, they labour under a great mistake. The people of Britam will hail with much satis faction the establishment of such a Confederation. It -wUl make the American colonies stronger and more independent, and -will prepare them for the day — we unite with them in -wishing that it may be far distant — when they shall resolve to stand alone. We suppose that the arrival of such day is ine-vitable, and it would be weU for the colonists to be beginning to know their o-wn strength. United in a great British American Confederation, -with — if they please — a Prince of our Royal Family for their head, they would at once take the position of a powerful nation. Instead of being a source of -weakness to the parent country, as in times of trouble our scattered colonies so often are, British America might prove not only an outlet for the millions for whom we have not room and work at home, and a profitable market for our commerce, but might, be found, if need be, ready to fight side by side with us against 'the three comers of the world in arms.' " The London Economist of November 26th, 1864, which is an able and influential exponent of public opinion, contained the fol io-wing article upon the text of the Federal Constitution for the British American colonies : " The thirty-three delegates of the British American Colonies have completed their work, and have published the basis of the federal scheme which they intend to submit to the Imperial Government. When re-vised and accepted by the cabinet, it will be presented to Parliament, we imagine very much in the form of a treaty, to be accepted or rejected era bloc, and will then finally be referred to the colonial legislatures, for a votc^which must of course be a simple yes or no. Six Provinces — Upper Canada, Lower Canada, New Brunswick, Nova Scotia, Prince Edward Island, 144 CONFEDERATION. and Ne-wfoundland — -wUl, it is beUeved, accept it, but provision is made for the adhesion of all the North American Colonies from Maine to the Pacific. The resolutions, which are fuU and very, well considered, do not modify greatly the information already placed before our readers ; but there is a great difference between deduc tions from after-dinner speeches and draft bills, and we may per form an acceptable service to our readers by describing from the official record the machinery selected for the last new effort 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. They have been obliged upon points to differ as to sectional jealousies and fears ; but they have not given way in any dnec- tion, save one, to the desfre of small communities for indepen dence. From the very beghining each colony that accepts the scheme avowedly surrenders its claim to independence, declares itself by act of its local parliament a i^ro-vince — a 'part, that is, of a much greater whole. It wUl lose its separate Governor respon sible only to Great Britain, and receive one appointed by the ' Acadian ' mmistry ; while, though it retains its separate legisla ture, the powers of that body wUl be reduced to very narrow dimensions. It -will still be absolute in the domain of ci-vil law, commercial legislation excepted ; it may still impose du-ect taxes, and provide for all municipal works and events, but the right of crimmal legislation, of fixmg custom duties, of levying general taxes, of arrangmg great public works, of appointing judges, of providing defences, of domg anything which can in any way be considered of national importance, is suriendered. Moreover, even witlim its limited sphere every act must be submitted to the general government ; and even should the measure not be disallowed, it only runs subject to the general principle that, m the event of collision between a pro-vincial 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 powers thus surrendered, and all to which, saving the Queen's prerogative, an independent nation can lay claim, are transferred to a central authority, as unlike that existing at CONFEDERATION. 145 Washington as it is weU possible to conceive. It -will consist, in the first place, of a Viceroy appointed by the Cro-wn, -wielding all the powers of the Cro-wn, protected like the Cro-wn from attack or removal, and fettered Hke the Cro-wn by the necessity of acting through ministers responsible to parliament. This parlia ment is composed of an Upper House to be called the CouncU, and composed of seventy-six members selected by the Cro-wn for hfe, in proportion of twenty-four for Upper and twenty- four for Lower Canada, ten for Nova Scotia, ten for New Bruns- -wick, four for Prince Edward Island, and fom- for Ne-wfoundland, the immense number given to Lower Canada in proportion to its resources being a concession to the French element which in the Lower House -wiU be overborne. In that House the basis is to be population, arranged on the fixed idea that Lower Canada is to have sixty-five members always. When, therefore a Province amounts to double her numbers, it will have one hundred and thirty members, the j)resent proportions being : Upper Canada, 83 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 susceptibUities 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 entire colony. This Central Government, 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 merce, 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 mihtia included, of the post, and of all inter- pro-vincial means of communication, wUl appoint all judges (who are to be irremoveable), exercise generally all except really local 146 CONFEDERATION. patronage, and possess the right of annulling -within twelve months any act of the Provincial CouncUs. These powers are very extensive — may, indeed, be easily so interpreted as to meet aU lUtely contmgencies ; but then nations are kUled by unhkely contingencies ; and we would stiU advise the Canadians to submit to the insertion by Mr. Cardwell of one more clause, enabling the Viceroy and his muUstry, in time of rebellion or visible emergency, to ' proclaim ' any district or pro-vince, and wliUe it remains pro claimed, to exercise absolute authority therein. On some such provision we trust Mr, Cardwell -will insist, and we think it is the only one in which parliament should interfere. The principle being granted, there is nothing in any of these detaUs which should offend the mother country, and much to gratify her pride and benefit her interest. The delegates affirm in their very preamble that their first object is to perpetuate their connection -with the mother country, they jealously reserve the prerogative throughout their arrangements, they specify that the constitution requires the assent of the Imperial Parhament, and they insert this invaluable clause into their fundamental law : ' All engagements that may be entered into with the Imperial Government for the defence of the country shall be assumed by the Confederation.' That clause gives us the right to call on the Canadians as alhes under contract to perform their due share in the work of their o-wn defence, and removes the anomaly under which we are bound to defend men who may refuse to help us — 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 approve ; 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 msertion ui the act of the pro-vincial constitutions, left by the delegates' resolutions to the provinces themselves, but they are not bound to press any point not of pressing imperial interest. " There is, however, one for which no provision is made, and for which a clause -will one day be urgently required. This is the CONFEDERATION. 147 matter 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 their compact ; but they have made no provision for the settlement of boundaries. Vancouver's Island, for example, might like to stay out, whUe its mainland dependencies might like to go in, and who is to settle that quarrel ? The vast expanse of the interior, too, is entu-ely -without demarcations, and some appellate authority should be pro-vided in case of serious dispute. That authority must, of course, be the Queen in CouncU, and the new Act, which may be interpreted a hundred years hence word by word by statesmen who see imperial interests depending on its construction, should contain some definite provision for the difficulty. Inter-co lonial questions, too, such as have sprung up between New South Wales and Victoria, should be generally reserved, so that no ministry, strong in its new mUitia, its maritime power, and its semi-independence, should be able to commence a legislative war fare -with a colony outside its authority." Upon the general features of the scheme the Liverpool Journal has the foUo-wing : " The exercise of the franchise in the union encourages the behef that the federation of the British colonies in North America would be foUowed 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 territories — much larger than those of the United States ; but it may be observed that the United States go far to the South, and are not affected as Canada is, and ever -wUl be, by a -winter of frost. The disadvanfage of a Canadian winter will, however, in all probabUity 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 — ^must 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, easUy detachable from the parent state, but incapable of sustaining itself, and therefore ultimately, nay, right soon, to be taken by the Federal Union, -without 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 Ne-wfoundland to the Pacific, and occupying a considerable belt of the temperate zone, traversed equally -with the United States by the lakes, and enjoyuig the magnificent shores of the St. La-wrence, with its thousands of islands m 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 chase at the north, its inexhaustible lumber lands — ^the most extensive now lemaining on the globe — its invaluable fisheries, and its yet undisturbed mineral wealth. I find its uihabitants vigorous, hardy, energetic, perfected by the Protestant religion and British constitutional liberty. I find them jealous of the United States and of Great Britain, as they ought to be ; and, therefore, when I look at then' extent and resources, I know that they can neither be conquered by the former nor permanently held by the latter. They -will be independent, as they are already self-mamtaining. Having happUy escaped the curse of slavery, they wUl never submit themselves to the do minion of slaveholders, which prevails in, and determines the character of, the United States. They -will be ,i Russia to the United States, which to them -wUl be France and England. But they will be a Russia ci-vUized and Protestant, and that will be a very different Russia from that which fills all Southern Europe with terror, and by reason of that superiority, they will be the more temble to the dwellers in the Southern latitudes. CONFEDERATION. 149 "The policy of the United States is to propitiate and secure the alliance of Canada whUe it is yet young and incurious of its friture. But, on the other hand, the policy which the United States actually pm-sues is the mfatuated one of rejecting and spuming vigorous, perennial, and evqr-growing Canada, while seeking to establish feeble States out of decaying Spanish pro- viuees on the coast, and m the islands of the Gulf of Mexico. I shall not live to see it, but the man is alread_v born who -wUl see the United States mourn over this stupendous folly, which is only preparing the way for ultimate danger and do-wnfall. All Southern political stai-s must set, though many times they rise again -with dimuiished splendour. But those which Uluminate the pole re main forever shining, forever increasing in splendour." The Boston Commercial Bulletin s&ex remarking on the friendly feeling of Canada towards the United States, adds : ¦ But anj- one who undertakes to travel in this part of the British Provinces ¦wiU soon become disabused of the erroneous idea, if he has ever hai'boured it, that this amicable feeling and desire for free commercial intercourse, on the part of the Canadian population, has anything to do with politics or a spuit of annex ation. PoHtically speaking, they are thoroughly loyal to their home and local governments. They have no reason for discontent on that score; they fuUy beheve themselves to be hi 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 then nationality and do not wish to change it ; wliUe the French population of Lower Canada are stUl more attached to the tiailitions and mstitutions of the Old World, and, if they changed at all, would prefer to retui-n to the alhance of la belle France. To be sure, there is a liberal sprinklmg of Americans from the Northern States, who have emigrated across the border from purely busiaess motives. But they are equally satisfied to let well enough alone ; and though they do not mix or assimUate readUy with the 150 CONFEDERATION. -extreme European element, they are by no means the most ardent partisans of annexation. " The only political scheme which excites much interest in that quarter is the proposed Confederation, which, though at first meeting -with strenuous opposition, especially from the Maritime Pro-vinces, is now slowly but surely gaining ground, with a better understanding of its financial bearings, and aided by the influence of leading politicians and the home government. There can be little doubt that this scheme, for a consoHdation 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 -wiU put at rest the question of annexation now being agitated with us to defeat a hberal com mercial policy, and certain much needed measures of internal im provement. Hence, combining all the elements of a great and independent nationality, we must leai-n to look upon Canada as an integral 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." Thus on every side the advantages of Confederation were seen. It was opposed by some whose views were bounded by consider ations of sectional mterest — 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 mam body of the people of the Provinces in turn rose superior to such influences — and -with overwhelming strength iironounced in favor of the movement. [151] CHAPTER VL 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 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 Representatives of the United States — Free Trade Polic3r 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 which the proposition for Confederation met 'with in the different Pro 'vinces, it would be as well briefly to review the position of the Pro-vinces 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 o-wn inhabitants as expressed through their o-wn representatives in their o-wn Legislatures. The Crown had not the power of appointment of a single officer, except the immediate representative of the Sovereign in the person 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 the Bishop, from the youngest clerk in every department, to its chief, the people in their various municipal, corporate, legislative or executive capacities had the sole and absolute power of appointment. No shUling raised from their taxation could be devoted without their consent to any pur pose outside of their own Pro-vince, and no taxation for any puipose could be imposed upon them by any authority except their own. On the other hand for local or internal purposes Great Britain was relieved of all expenses on their account — she was not caUed upon to pay the salary or charges of a single joerson — 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 entirely by the Pro-vinces to which they were appointed. The patronage was in the Crown, but the burden was the Colony's. The latter was borne with readiness by a people who saw in the mimic fictions of a Colonial Court, the only visible tie that stUl connected them with 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 ad-visers of the Cro-wn in England i-equired, -without regard to the wishes or representations of the authorities %i 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 anywhere, whether she had a foot of ground in British America or not, and the expense incurred m 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 CONFEDERATION. 153 first alone can the last be chai-geable, and in the consideration hereafter of the events which took place in Canada in 1866 and 1870, this distinction becomes the more necessary. But whUe, so far as relates to local affairs, this principle of iion- uiterference 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 super-vision. Having adopted the principles of free trade, she desfred that that policy should pervade all parts of the Empire ; having made treaties with foreign countries, and -with the United States, which placed all on the same terms -with the most favoured nations, it would have been inconsistent m 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 Legislatm'es not only from imposing discriminating duties upon the products of foreign countries, but even from differential duties in favour of her oym. Thus, what ever might have been the inclination of the colonists, no dis tinction was permitted m favour of an article manufactured m Euffland or her colonies, over a similar article manufactured in the United States, in Russia, or in any foreign country. It has often been lu'ged by speakers in Birmingham, Sheffield, Manchester, Glasgow, ivnd the other great manufacturing towns of England and Scotland, that Canada imposed hea-vy duties on British goods, and made no distinction in then- 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 complam. Canada has incurred, and is daily incun'ing, 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 11 154 CONFEDERATION. their own Government reverse then- policy, it -will be tune enough to complain of Canada ; but in this respect, at any rate, not untU then. By a despatch, addressed to Lord Elgui on his assuming the Government of Canada, this policy is clearly laid do-wn : Downing Street, 31st December, 1846. Mt Lord, — Your Lordship is about to assume the Government of British North America at a time when a change of pohcy is in progress, which is of no ordinai-y 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 Dominions in which Her Majesty has been pleased to select you as her Representative. I need scarcely say that I refer to those commercial 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 revenue, but with the avowed object of giving an advantage m 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 m this country, the uiu-estricted competition of the foreign grower. The same relief from the burden of differential duties, which has thus been granted to the British consumer ; one of the Statutes to which I have alluded (the 8tli and 9th Victoria c. 94), has enabled their respective Legislatures to extend to the British Colonies, by empowering them to repeal the differential duties in favour of British produce, imposed in these Colonies by former Imperial Acts. This is not an occasion upon wiiich I could with propriety, enter into any discussion of the grounds upon which this change -of policy has been adopted ; but 'without doing so, I may express confederation. 155 my firm conviction that, eventually, the welfare of the Colonies, even more than that of the mother country, -will be promoted by the abandonment of a system of artificial restrictions upon trade. Looking to the great natural advantages possessed by the British Colonies, and especially by the fine Provinces of North America, I cannot doubt that, adopting a policy of which the object is to render industry productive, by leavmg it to follow its natural channels of employment, and by affordmg every possible facUity to commerce, must lead to their rapid advancement in wealth and prosperity. But with a view to this result, it is of the utmost importance that the Provincial Legislatures should strenuously co-operate with the Imperial Parliament. So far as the repeal of the differential duties, hitherto imposed upon imports into the Colonies from foreign countries, for the purpose of favour ing the British producer, I can have no doubt that the Colonial Legislatm'es -wUl gladly avaU themselves of the power conferred upon them, by at once putting an end to 'these duties ; indeed, so ob-vious 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 Parhament instead of merely enablmg the Colonial Legislatures to abolish the duties alluded to, would probably have at once proceeded to do so by its o-wn authority, had it not been for the late period of the session, at which alone it was possible that the subject should be considered, and the difficulty of determining without more information than could at the time be procured, how far the simple repeal of these duties, unaccompanied by any precautions, might have affected the fuiances of ,some of the Colonies. I assume, therefore, that these duties wUl be speedUy put an end to. (Signed) GreY. To the Right Hon. the Earl of Elgin. This despatch was laid before the Canadian Parhament by Lord Elgin, at then- first sitting after its receipt, in Jtme, 1847, and in 156 CONFEDERATION. accordance with the poHcy therein recommended, an Act was passed by the Canadian Parliament abolishing the then existing differential duties in favom- of British produce. This Act was transmitted to England and confirmed, as appears by a despatch to the Governor-General from the Colonial Secretary, dated the 11th of May, notwithstanding that, as appears by documents transmitted by the Colonial Secretary about the same time, the character of the Act had been specially complained against to the Imperial Government, by the merchants and manufacturers of Glasgow by petition, setting forth — "That the said Colonial Act proposes to place the mother country in a more unfavourable position than the United States of America, in so far as it repeals the differential duties hitherto maintained in favour of British manufactures.'' The policy of the Imperial Government, thus pointedly declared to the Governor-General of Canada, was reiterated in the strong est manner in a series of despatches in 1848-49, 1855-56 & 59, and to such an extent as to declare objectionable any arrangements made or proposed to be made between the colonies themselves, by which a preference or differential duty or aboHtion of duties, in favour of the productions of one shoiUd be given over the produc tions of another, or of any foreign country, in return for simUar concessions extended by any such 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 such of the enumerated articles as were before subject to duty, it was declared that that treaty was " concluded under cfrcum- 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 m some measure, special pro-vision had been made in colonial Acts, referring particularly to Acts in Ne-vrfbund- land and Nova Scotia, and to the modification of the tariffs in the North American Provinces generally, and pomting out to Canada the desirfe 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 unnecessary to make further observations on this point, but it should be stated that in other respects, with reference to some foreign countries, England gave great latitude to the British North American colonies. Thus, in the Reciprocity Treaty referred to, made by Lord Elgin -with the United States m 1854, for the exchange of productions between the Provinces and the United States, the adoption or rejection of that Treaty, so far as its appli cation to each particular Province, was left to the legislature of each Pro-vince to determine. Power was also given about the same time by order in councU, to the Provinces, by proclamation of their respective governments, to permit the vessels of foreign countiies to pass from any one port in one Province to any one port in another Pro-vince — a quasi coasting trade o-wing to the configuration of the Provinces, though no such pri-vilege was given in the United States to British or Provincial vessels to pass from State to State. And as -will appear when the events of 1871 are under consideration, in a stUl more emphatic manner, in a treaty made -with the United States principally for the settlement of an Imperial dispute, in those parts which have any direct bear ing on the interests of Canada, the adoption or rejection of such parts is left exclusively to the action of her owti parliament. A more liberal policy could hardly be pursued by any power to a portion 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 matters of trade it made no difference as to the customs dues whether goods came from Massachusetts or from Nova Scotia, in Canada or New Bruns-wick they were taxed alike ; and the same .in Nova Scotia as to goods from Massachusetts, Canada or New Brunswick. The postal arrangements were distinct. The criminal laws were different. Each Province borrowed, each Province buUt, each Pro-vince taxed, to suit its o-wn interest, without the' slightest reference to its neighbour, and the custom-house officer was as important an indi-vidual on the di-viding 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 Pro-vinces were aU under the same flag, and then- dividing lines not more marked than between Middlesex and Surrey, or Middlesex and Kent. Then- material interests always pointed to an amalgamation ; local self-importance and local jealousies to some extent aided in keeping them apart ; but the real difficiUty was the necessity each Pro-vince felt to maintain its credit by pro viding for the payment of its pubhc debt, and an unwUlingness to part -with the control of its o-wn revenues and its own patronage. When, therefore, in the articles of the Confederation pro-visions for the assumption of the pubhc debt of each Province by the General Government, and the concession of an equivalent pecu niary grant for local purposes to each Province were made, -with the power to each stUl to legislate and govern for itself in all matters affecting ci^jl rights and property, the more substantial objections 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 primaiy step ultimately leading to the separation of the Pro-vinces fi'om the mother country, and then- final absorption into the United States. Many of those who thought so were soHd, good men, — staid, honest, loyal men — ^men who would sacrifice everything for British connection, but who perhaps were not in the modem plu-ase, " men of progress," and who would prefer mo-ving on in a well-kno-wn beaten track, to speculating in an unknown fritm-e. There were others 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 Pro-vince 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 tlie unrestricted intercourse that Confederation woiUd give, they well foresaw would at least remove that groiuid of dis satisfaction. Outside, however, of both of these parties, and -with the main body of the people of aU the Provinces, there was another feeling, — a feeling of uncertainty as to what then- future might be, and CONFEDERATION. 159 that it was necessary to prepare for it. The material and com mercial advantages of Confederation were apparent to all men of enlightened views or enlarged intelligence. The spirited manu facturer and enterprising merchant alike, welcomed a change which would extend their field of operations ; but the statesmen and public men, who were accustomed to look at the causes of events and their consequences, could not fail to see that at this time the public mind of England was unsettled, as to the value or importance of the retention of the Colonies, and that unless the latter, particularly those in British North America, placed them selves m a position to speak on their own behalf -with the language of strength, the best interests of the country — ^territorial and otherwise — might be frittered away without a moment's con sideration, and in pure ignorance of the value of the concession. To such men the political aspect of the question had its impor tance. Not less loyal in their devotion to the mother country, and equaUy desirous to avoid a separation, they felt that to prevent it, the surest way was to make British North America prosperous and strong — to give her an infiuential voice in the adjustment of all questions- that affected her interests, either internally or externally, and whether in apparent conflict with Imperial pohcy or not. As a part of the Empire she was prepared to do her duty or share the loss ; but where the course to be adopted was principaUy 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 prepared to meet the emergency. If it oscUlated the other way, they would not be the worse for the preparation. Thus in either case, in a pohtical view, the Con federation was desirable. To the Canadian it does not seem that this question of the retention of the British North American Colonies, has ever been clearly understood in England. In pamphlets, in speeches, in debates in Parliament, in articles in the press, the severance of Canada from England was shadowed forth as essential to the preservation of the latter. 160 CONFEDERATION. The unexpected development of the military power of the United States during the ci-vil 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 hostUe American on Canadian soU, Her Majesty's troops should forth-with retire within the walls of the citadel of Quebec, to save the honour of the British arms ! ! ! In the debate which took place in the Imperial Parhament in July, 1862, on the subject of the action of the Canadian Parlia ment, -with reference to the maintenance of an effective mihtia, much was said that tended to promote the feeling of uncertainty, as to the future. Treating a mere party manoeuvre, which led to the defeat of a ministiy in Canada, and the introduction of a temporary measure for the sub.sidiary defence of the country, in the absence of any immediate danger, with all the gravity of a great crisis, member after member in the Imperial Parliament spoke as if Canada 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, spoke in very strong terms, and, in smgular ignorance of the action of the Imperial Government, denounced the Canadian Parliament for taxing British manufactures. He said : " The first thing we ha-\'e to consider is the feeling of the people of Canada -\vith resjiect to England. My opinion is that the people of Canada have been led to belie^-e that we consider them of such wonderful importance that we shaU undertake any expense to maintain doniinion over them. Wliat I want them to understand, and what I want our Government to make them imderstand, is that we do not care one farthing about the adherence of Canada to England. We have never drawn from our colonies anythmg 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 1 The Canadians have laid 20 per cent, upon the CONFEDERATION. 161 introduction of all English manufactures mto their country, thereby following the Imd example of their friends on the other side of the St. Law^rence. I want them clearly to understand that England has no benefit from her connection with them, and that if we mamtain, not our dommion, but their independence, it is for then advantage and not for ours. There is nobody m this country who is m a |)osition to speak with more freedom than myself -with respect to (.Ja,nada. Jlany years of my life were speut in that country. I have intimate relations with it now, but -though I do not love Canada less I love England more, and my opinion is that if to-morrow -wo were to get rid of Canada Eng land would not lose a single fiutlung of benefit. But the case of Canada would be very chflerent. When the hon. and gallant nu'inber for Westminster says that the United States cannot overrun Canada I must say that I think he lias studied history to A ery little purpose if that be liis real opmion. I quite agree ^vith the noble lord in another 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 pom- their armies over the St. Lawrence into Canada ; whUe if they were to be defeated in then- struggle -with the South, out of mere venge;uice they woiUd do the same thing. What would be the consequence'? Canada, ceasing to be what she is now — a powerful and mdepeudent people, governmg themselves, domg exactly as they like with their own, would be under the dominion of an oxerbeariug and overpowering democracy. She woiUd be one among what were once 37 United States. Her people would haA'e one or two votes in the American Senate ; whereas now they govern themseh es, for England has given up domituon over them, and all we do is to send our soldiers — those redcoats whom the Mayor of ..Montreal talks about — to protect then independence. I want the Canadians clciirly to understand that England wovUd 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 om 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 1 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 ignored, 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 bound 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, whUe Sir George Cornwall Le-wis, whose estimable personal 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, m 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 naturally 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 hostihties, to give them effectual assistance." He went on, among other things, to say : " Before I sit do-wn I wiU make one allusion to the remarks of my honourable and learned friend upon our future relations -with Canada. I for one can only say that I look forward -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 ovni independence. The feelings of the Canadian people were undoubtedly those of attachment and loyalty to the mother country. I do not beheve that the recent vote upon the mUitia bUl was the result of any dehberate poHcy 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 mUitia our troops would be -withdra-wn, would be unworthy of this country, and would seem to be the result of hasty displeasure, rather than of that dignified and prudent forbearance which has always been the characteristic of the Imperial policy." In most gratifying contrast to the obser\'atioiis of Mr. Roebuck and Mr. Adderley, and the more philosophic contemplation by Sir George Cornwall Le-wis of the severance, were the sentiments expressed by Mr. T, Baring, Mr. D'Israeli, and Lord Palmerston. Mr. T. Baring said : "Being in constant communication -with Canada, he was informed that a feeling had recently arisen in that Province, and was now mcreasing, that there was a wish on tho part of a great i)ortion 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 recurrence 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 theu- allegiance to the Sovereign and then- attachment to this country ; that they wished they would separate entirely from England, and that they would see that separation not only -without regret, but -with satisfaction. He would not enter mto questions of colonial policy. He believed that colonies might be a soui-ce of wealth and power to the mother country ; that the union between the two might be one of mutual benefit ; that it might be maintamed -without an extravagant ex penditure ; but to say that such a connexion was merely a question of 'pounds, shUlings and pence,' was quite unworthy of us, when we had to a certain extent to protect our fellow-countrymen, 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 164 CONFEDERATION. ¦ in this country there was no kindred feeling towards them — a result which he thought was much to be deprecated. The measure which had been referred to was defeated from a party manceu-vre, without pledging the Province to any policy of hereafter refusing to establish a sufficient mUitia, 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 believed, would at this moment lise as one man in supjiort of their union with Eng land ; and they had sho-wn that when questions uot merely of colonial but of Imperial concern arose, and when they have suffered all the injury of invasion, they did not shiink from expressing manfully their hopes for the success of England and her colonies. It was said, ' leave Canada entfrely to herself ; ' but as long as they wished to remain British subjects, that was not language which ought either in honour or duty to be held to the Canadian people. He was con-vinced that Canada felt so much < the advan tage of her connection with England, that, -without burdening our resources, she would adhere 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 thuik that a great Empu-e, 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 niilituiy force ; and, therefore, i should be very sorry under the present circumstances, after all that has occurred, to supjiose that the comiection between the mother country and this unportant colony should end. The resources of Canada are great and various. It has had the advantage of ha-ving been colonized, during a number of centuries, by two of the most distinguished nations of Europe. Canada is, m fact, a reflex of those two powerful races, differing in then- manners and even in their religious opmions; and has many of those diverse elements, which tend to change a mere colonial into a national character. CONFEDERATION. 165 I do not think 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, are not altogether of a satisfactory nature. The Secretary of State con templates the possibihty, — and more than the possibUity, for he informs us that, under certain circumstancess, it would be matter of congratulation — of the severance of the tie between the mother country and Canada, and says that we ought to be very careful m training the Canadians before the connection terminates, so that they may be able to go by themselves, and not fall into the hands of any -vigUant neighbour, watching for an opportunity of appro 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 enei-gies of the Canadians, but have rather unneces sarily anticipated duties which the Canadians were probably ready to perform themselves." Lord Palmerston said : " I agree rath'er 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 far distant when, from various causes, those great 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, whUe I feel assured it would not tend to the advantage of the mother country. The 166 CONFEDERATION. connection between us, however, as was justly stated by the right honourable gentleman, can be maintained only by the adoption of a policy, which -wiU leave the colonies free to regulate their o-wn affairs, binding to the mother country by Hnks of mutual interest, and allo-wing the exercise of perfect freedom in matters in which the one or the other happens to be more particularly concerned." The Times, which is regarded as representuig most correctly, the existing public feeling of the day, in England, thus commented upon the question, in its issue on the day the debate took place, 23rd July, 1862 : " The conduct of the Canadian Ministiy, in refusing to provide for the defence of the country the destinies of which are intrusted to their charge, neither raises om- 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 mUitia con sisting of 50,000 effective troops and 50,000 reserves. For this plan they have substituted the foUo-wing : The Canadian mUitia consists of two classes — A., numbering 5,000 men, who have hitherto been drUled six days in the year, receiving in payment one dollar for each day's drUl ; and B., which consists of 8,000 men, who have hitherto received no jjay at all. It is felt in Canada that under existing circumstances a necessity has arisen for doing something towards putting the country in a respectable position of defence, and they have accordingly set about it in the foUo-wing manner : They take 5,000 men out of class B. and add them to class A., thus raishig class A. to 10,000 men, and these 10,000 men they propose to driU for 12 days in the year at half-a- doUar a day, instead of six days at one dollar. They propose, besides, to give some allowance in Heu of clothing. The 3,000 left in class B. wUl probably quit the service, as they are to receive nothing, and we cannot think that the prospect of half-a- doUar a day wUl be a very efficient stimulus to enrolment in class A. " This is absolutely all that Canada is disposed to do at the public expense for her protection. Whatever mUitary force she requires beyond this must be made up of volunteers and tumultuary CONFEDERATION. 167 levies called together at the very moment of danger. We know by the experience of the American war, and partly by our own, the value of mUitia, and we know also what importance to attach to the ser-vices of pei-sons untrained to arms and acting together for the first time. It is scarcely an exaggeration to say that such an organization is worthless, and no exaggeration at aU to say that it could not afford even the semblance of protection against any one of the several great armies now contending in the United States. Canada assures us of her loyalty, of her -wish to remam a portion of the great British Empire, of the value she sets on her free, and even democratic institutions, of her aversion to American forms of thought and forms of Government. She furnishes us here -with a fan" measure of her sincerity. We see the exact value she really sets on the connection -with this country by the efforts she is ready to make and the sacrifices she is ready to incur in order to preserve them. She has incurred loans and HabUities to the extent of some twelve mUlions sterling by pledging the pubUc revenue for public works undertaken for the benefit of municipahties having no claim on the central Govern ment beyond the influence they may exert in returning members of Parhament. She has created over the St. La-wrence a magni ficent bridge which has cost two mUlions sterling, mostly suppHed by this country, for which not one farthing of interest is now received. She raises revenue by taxes on British commerce, she aUows us the pri-vilege of repairing her fortifications, supplying her -with artiUery, musketry, and ammunition, and of garrisoning her fortresses -with 12,000 regular troops, and she estimates the value of this connection at, perhaps, $120,000, or £25,000 a year. She is never weary of boasting of her loyalty, but this is the value she sets on British connection. We, on the other hand, seem never weary of contributing to those expenses which every other country in the world, except a British colony, is expected to pay for itself, and, should war come, we are ready to spend millions of treasure and risk thousands of valuable lives for people who not only wUl not defend themselves, but -will not give us any efficient assistance towards defending them. They have money for many other things, some necessary, others unnecessary. 1 68 CONFEDERATION. money for jobs of all kinds, money for the most questionable public works, but money for honour, money for Hberty, money for independence, for the pri-vileges of being governed by their o-wn laws and kno-wing no master — for these merely secondary ad vantages, as we suppose they consider them, the Canadian Parlia ment and Ministry have nothing to spare. They are so taken up in providing for superfluities that they have nothing to give for what other countries account the very essentials of existence, -without which, to a nation or man of spirit, life is hardly worth possessing. They are rich for all other purposes ; but when asked to do something towards their own defence, "their poverty, but not their 'wiU," as we are told, consents to do nothing." At a still later date, February 27th, 1868, the same paper in speaking of the effect of a war -with the United States, says : " We are quite aware that in the event of war we should not be able to render effectual aid to our Canadian Dominion, and that our feUow-subjects out there would either have to fight at a terrible disadvantage, or mortify our pride by anticipating defeat or yielding to terms. In a material jioint of -view that would be no loss to this country." Pamphleteers and philosophers did not leave the unfortunate question alone. Among others, Mr. A. Allison — author of the " PhUosophy and History of Ci-vUization," a work favourably commented upon by the Observer and the Athenaeum — tissued a pamphlet from 72 Sloane Street, London, AprU 19th, 1865, in which Canada was to be disposed of in a very summary manner. " I am of opinion," he says, " that England shoiUd not only not interfere -with the CivU War now i-aging in America, but that she should retu-e altogether from the North American Continent by declaring Canada an independent State. So long as Canada belongs to us we hold out a bait to the United States to go to war -with us, -with a -view to its annexation. That. beino- so it is manifestly the interest both of England and Canada to separate. The press and om- leading statesmen are unanimous in expressing CONFEDERATION. 169 their readiness to give up Canada, if the Canadians themselves are ¦wiUing to accept independence ; and if these liberal professions on our part are sincere, there -will be no difficulty in effecting that object. The great Trajan who restored the glories of Rome, con tracted the limits of the Empire both in Europe and Asia, and when we -withdraw our troops from Canada and declare her independent, we shall strengthen the British Empire, for instead of that vast country contributing to the strength of England, it is a constant source of weakness. We have only to look at the map to con-vince ourselves that it is essential to the stability of the British Empire, that Canada should be given up. By gi-ving up Canada we lose nothing — for our trade -wUl go on with her after she is independent the same as now. So far from losing anything, we shaU be great gainers by the change, for we shall save the expense of maintaining an army and navy for her defence, which would materially add to the taxation of England. " If Canada should prefer dependence, that would be no reason why we should not make her independent. We must look to our o-wn interests as well as to the interests of others, and if it can be sho-wn that it is the interest of all parties that Canada be inde pendent, we ought not to hesitate in making her so, even although she shoiUd object to it. Two great nations like England and the United States, meet each other in every quarter of the globe, and all the disputes which are ever occurring between them, must eventually be settled on Canadian ground. But let Canada be an independent State, and she will be a neutral power in the event of a war breaking out. Let this view of the question be clearly explained to the Canadians, in a despatch properly drawn up from the Foreign Office, and the objections which they have hitherto had to Independence wUl be removed. " But would the Canadians be able to defend themselves and remain independent if they were separate from England 1 This I do not doubt, provided they adopted a form of Government calcu lated to maintain peace and advance the interests of the nation. Such a Government would at once be recognised by the European powers, and to these powers Canada might appeal in the event of any uncalled for attack on them by the United States. Let 12 1 70 CONFEDERATION. Canada elect a Kuig and Parliament, and she wiU be acknow ledged by all the powers of Europe, when she -will be in a much safer position than she is at present, although she was studded all over with camps and fortifications. If the Canadians should elect one of our Princes for her King, the chances are they would succeed in obtauiing the consent of England and the other powers to that election. This would keep up a connection between England and Canada, which would be beneficial to both parties — whereas the present connection, as shown by the Canadians them selves, is prejudicial to the interests of both countries. A commercial treaty upon the principles of free trade could be made, and, if necessary, a loan guaranteed by England and France, or by England alone, might be arranged — as in the case of Belgium and Greece, when they were made independent States. " Now is the time for us to make up our minds to give up Canada, for the step will not only save us a world of money for the armaments which are now called for, but it -will prevent the danger of war -with the United States. To postpone the con sideration of this important question untU after we have spent our money, or until we have drifted so far into war that it is impossible to give up Canada, consistent -vsith honour, would be the height of folly." The remainder of this pamphlet is filled -with prognostications of the future of the United States, as resulting from the ci-vil war then raging, every one of which to this time has proved untrue. More inconsequential reasoning, or more vague ideas, could hardly have been put together by any man professing to deal with subjects bearing upon the mterests of an empirej or the welfare of mUlions 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 jiolitical economy, emanated from the English press. Men who -vn-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 do-wn 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 denounce Canada as an incubus on the realm that ought to be cut away. It may be doubted whether the oblivion into which such compo sitions ultimately descend, is not the best criterion of their value ; but it must not be forgotten that, at the time, they are taken as indications of the public sentiment, and tend, in the irritation they engender, 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 speakers did produce in Canada a strong feeling of uncertainty as to its future connection -with England, and in silence laid the foundations of a party which may hereafter have a marked in fluence upon the future destinies of the country. This question of the severance of Canada from Great Britain is too important in its bearing upon the interests of both countries, to be passed over -without remark. In the discussion, the narrative of the past must cease, and a view be taken from the stand-point of 1871, both as it wiH affect the future of Great Britain, and as it wUl affect the present and future of Canada, in the light of peace and trade, and in the light of war. The position and policy of the United States must not be disregarded. It is solely as to the future that the question need be considered in relation to Great Britain. To her at present, the separation could not be of much consequence. On the contrary, as relieving her of an apparently assaUable point from the United States, by many it would be thought desuable. But perhaps it is not tres passing too far on the realm of prophecy to say, that twenty or tlurty years hence, her retention of place as the first trading and maritune power in the world may dejpend upon her comiection with Canada. A few words as to what Canada is. In Febmary, 1862, in the House of Representatives, in the Congress of the United States, pending the discussions relative to the expiry and the renewal of the reciprocity treaty -with the United States, " the Committee on Commerce, to whom was referred the concurrent resolutions of the State of New York, in relation to the treaty between the United States and Great Britain commonly kno-wn as the reciprocity treaty, made their report." In that report, which certainly did 172 CONFEDERATION. not receive its instigation from any Canadian source, and which cannot be regarded as exceptionally friendly, it is thus said : " The great and practical value of the British North American Pro-vinces and possessions is seldom appreciated. Stretching from the Atlantic to the Pacific ocean, they contain an area of at least 3,478,380 square mUes : more than is o-wned by the United States, and not much less than the whole of Europe, -with its famUy of nations. The ' Maritime Provinces,' on the Atlantic coast, include New Bruns-wick, Nova Scotia, Prince Edward Island and New foundland. Geographically, they may be regarded as a north easterly prolongation of the New England system. Unitedly, they include an area of at least 86,000 square miles, and are capable of supporting a larger population than that at present existing in the United States, or Great Britain. They are equal in extent to the united territory of Holland, Greece, Belgium, Portugal and Switzerland. " Canada — rather a nation than a province, in any common acceptation of the term — includes not less than 346,863 square miles of territory, independently of its North- Western possessions, not yet open for settlement. It is three times as large as Great Britain and Ireland, and more than three times as large as Pmssia. It intervenes between the great North-West and the Maritune Provinces. "The habitable but undeveloped area of the British posses sions, westerly, from Lake Superior and Hudson's Bay, comprises sufficient territory to make twenty-five states equal in size to lUmois. " The climate and soil of these Pro-vinces and possessions, seem ingly less indulgent than those of the tropical regions, are precisely those by which the skUl, energy and -\-irtues of the human race are best developed. " It is computed that Canada alone, if her past and present rate of increase is continued, will have f-wenty mUlions of inhabitants at the end of this present century — numerically exceeding the population of Great Britain when the century began.'* Since that report was made, this whole country, -with the excep tion of Ne-wfoundland and Prince Edward Island, but embracing CONFEDERATION. 173 in addition British Columbia and Vancouver Island, beyond the Rocky Mountains, has been confederated mto one Dominion, is governed by one central authority, has but one uniform commercial policy, and, as " Canada," guides and rules those vast territories from the Atlantic to the Pacific. The policy of that "Canada" at present is in accord -with the policy of England — Free Trade. Her tariff is imposed for revenue, not for protection. That rule, since confederation, may have been temporarily departed from on one occasion, to accomplish a parti cular object, namely, the attainment of a free or more reciprocal trade -with the United States.'* But in no instance has it been departed from to encourage a mere local industry, at the cost of the main body of the people. The policy of the United States, on the contrary, has been and is Protection. The trade returns show that for 1870, with a popula tion nearly ten times as great as that of the Dominion, the imports from Great Britain into the United States were but three times as great as into the Dominion — in round numbers, £21,000,000 sterling to .-£7,000,000, or but lis. to 35s. sterhng per head. Sir Francis Hincks, the Finance Minister of Canada, in his sj^eech of the 10th March, 1871, on making his financial statement to the Canadian Parhament for the financial year terminating 1st June, 1870, referring to the same subject, said : " I referred last year, to the very satisfactory position of this country, as compared, -with that of other countries — our im mediate neighbours to the south of us, and the mother country,^ both with regard to the rate of taxation and the amount of debt. I wUl not trouble the House by going any further into that matter now, but there is one point which I think is deserving of atten tion, in reference to the position of the country, 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 exports to Canada exceed those to Russia, China, Brazil and Turkey, all countries having a * Tlie imposition of duties on coal and flour 'by the tariff of 1870, under -what was then termed the national policy, repealed by the tariff of 1871. 1 74 CONFEDERATION. very large trade -with Great Britain. But there is a very impor tant fact in connection -with this, which should not be lost sight of, that there is no country which trades -with England that re ceives from her so large a proportion of her goods as Canada in jproportion to her population. I have ascertained from statistica that the United States, -with forty mUlions 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 population. During the same period Canada, -with four milHons of people, took £6,000,000 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. Cartier. — Each of us worth three Americans. " Hon. Sir Francis Hincks. — When you look to other landa which are put do-wn as being the great countries -with which there is trade, to British India, for instance, which stands veiy high after the United States, the difference is even greater. 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. Russia receives one shilling and six pence per head ; Germany, which also stands very high in the list, about eight shillings per head ; so that we have the satisfaction of know ing that this country is the one which in proportion to its popula tion carries on the most commerce of any country in the world. This is a very satisfectory statement of our relations -with the mother country." That portion of his budget speech of the pre-vious year (1st AprU, 1870,) to which Sir Francis Hincks referred, it may not be inap propriate here to quote : With regard to the means of the country — -with regard to its abUity to discharge all its liabUities — and -with regard to its taxa tion, I would desire to say a few words, and to institute a com parison between its condition and the condition of other countries -with which we are acquainted. I find, if we take Great Britain that the debt of that country is about $135 per head of the CONFEDERATION. 175 population. The debt of the United States is about $60 per head. I may here observe tliat although the ratio of debt is lower m 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, for 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 debt of those countries is what I have stated, the debt of Canada is about $22.50 per head of the population. Then, again, taxation in Great Britain is at the rate of about $10 per 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 taxation which it may be necessary to impose ujion the people in order that there shall not be the least cause to apprehend deficits m the future. I find, too, that if we take the customs revenue of the United States, it is about $4.50 per head of the population, while the customs revenue of Canada is about $2. I may be permitted to draw attention to the remai-kable point, that although our customs contributions appear to be large in proportion to those of the United States, honourable gentlemen -wUl see just now, when I draw a compari son between the internal revenue of the two countries, that the revenue from customs approaches more nearly, though still very far below that of the United States than the mternal revenue does. And the reason of that is obvious. The United States have such high protective duties upon everything imported, that importations are much reduced, and the customs revenue per head does not come up as in Canada, where on leading articles the duties are much lower. The mternal revenue of the United States is about $4 per head of the population, whereas in Canada the excise revenue is only about 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 that commercial returns shew that at the period above mentioned, when as compared with the United States, Canada was taking of 176 CONFEDERATION. British goods 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, £6 13s. sterling per head, — ^New Zealand, with a population of 220,000, was taking £1,700,000 sterlmg, or, £7 14s stg., per head, — South Australia, -with a population of 170,000, was taking £1,200,900 sterling, or about £7 sterling per head, — and Victoria, •with a population of 700,000, was taking £6,000,000 sterling, or nearly at the rate of £8 5s sterling per head — thus she-wing that at that time — Canada, Australia, and New Zealand alone, con sumed more than six times as much of British Industry in proportion to population, than did the United States, and -within a Httle under £2,000,000 of the total amount, viz., £18,900,900 sterling to £21,000,000 sterling. The increase since that time wUl more than make them equal. The returns for the financial year terminating 1st June, 1870, shew an increase in the Canadian importations from Great Britain over the precedmg year, viz. : 1869, $35,764,470, or £7,348,863 sterlmg; 1870, $38,595,433, or £7,930,568 sterling; and those of 1871, a StiU larger increase, viz., $49,200,557, or £10,109,703 9s. lOd. sterling — an increase in two years of $13,436,087, or £2,760,840 9s. lOd. sterlmg. The foUo-wing extract from Patterson's statement, (Secretary to the Board of Trade, Montreal,) for 1870, she-ws that the increase in each year is general, and therefore likely to continue : 1868. Cotton, piece goods, yds. 39,944,669 Haberdashery, value, £1311,129 "Woollen manufactures yds. 2,163,317 Carpet and druggets " 495,574 Worsted stuff " 5,233,.')36 Apparel and slops, value £1 28,805 The total Canadian trade, both imports and exports, in ten years (from 1860 to 1870), excluding the Hudson's Bay and North- West Territories, and British Columbia, but, during the last two years, including Nova Scotia and New Bruns-wick, had more 1869. 1870. 29,233,463 42,848,973 670,471 852,277 1,901,641 2,791,127 468,652 666,565 5,354,039 8,266,907 157,470 203,635 CONFEDERATION. 177 than doubled itself, viz., from $68,000,000- to $148,387,829 ; f and in the year terminating 30th 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. J The following is the official statement of the Commisioner of Customs : Comparative St..i.tement 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 Yeaks. Total Ex ports. Total Im ports. Entered for Consump tion. Duty. Ending June 30, 1871 Do. do. 1870.... 74,143,09873,573,490 s 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 16,442,042 2,401,351 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 AprU, 1871, the new tarifl" came mto force, which reduced the annual taxation by a mUlion and a half, and would necessarUy have a sensible bearing upon the quarter terminating the 1st June, 1871. It may fairly be assumed therefore, that, during the next ten years, the increase -wiU be the same, if not in a greater ratio. Again, whUe the importation of bread stuSs into Great Britain from the United States, during a period of seventeen years, from 1853 to 1870, increased but in the ratio of a httle over two to one, viz., from 12,869,433 bushels to 28,122,480 in 1870, except ing extraordinary fluctuations during that period, rising to * Tear Book, 1871, page 41. t Bouchette's official statement, Oct. 18, 1871. i Deputy Mmister of Customs. 178 CONFEDERATION. 40,000,000 in 1862, and descenduig to under 2,000,000 in 1866; the importations from Canada during the same period increased in a ratio of nearly six; to one, viz., from 1,365,595 Ijiustels in 1853 to 6,422,936 m 1870, excluduig sunUar fluctuations, rismg to over 9,000,000 in 1862, and falling m 1866 to 111,255 ¦;'¦¦ thus shewmg that whUe simUar causes jiroduced in both countries a corres ponding increase or depression, yet the comparative uicrease was in favour of Canada of four to one, and when it is remembered that these exports were paid for by the imports of British manu factures, the balance is found m favour of Canada, as a customer to Great Biitain of four to one. Again, the efiect of the Repeal of the Reciprocity Treaty -with the United States in 1866, was to divert an immense volume of Canadian trade from the United States to Great Britam, decreas ing the exports to the United States, viz., S7,500,000 in the years 1866 and 1867, and mcreasing the exports to Great Britain from 13,000,000 in 1866 to 21,000,000 in 1868,t to be repaid again m British manufactures, affording a significant intimation to the British producer what would be the result of a connection of Canada with the United States, based upon an unchangeable political incorporation instead of a temporary treaty, maintained or broken off" as the passions or interests of the dominant party may dictate. Again, the following table compiled from the " Ti-ade and Na-vi- gation Returns,'' shows the total quantity of tea imported into the Pro-vinces of Ontario and Quebec durmg the two fiscal years 1868-69 and 1869-70 : Fiscal year Fiscal year 1868-69. 1869-70. Whence. lbs. lbs. Great Britain 6,210,099 8,717,561 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 8,861,023 * Patterson 1870—14. t Lowry's Pamphlet, page 10. CONFEDERATION. 179 " It -will be seen from this comparative statement that there has been a very remarkable decrease m importation of tea from Great Britain. The imports hi bond from the United States sho-wing a large increase, while tiiere was a great augmentation in the direct trade with China."* The returns of the importation of tea mto the same two Pro-vinces — Ontario and Quebec — for the fiscal year 1870 and 1871, terminating 1st June, 1871, are as follows : Great Britain 3,348,024 Ib.s. United States 5,081,675 „ China 1,280,777 „ Japan 675,453 „ Other Countries 6,056 ,, Total 10,386,985 lbs. Sho-wing -with an increase of nearly two millions over the preceding year — yet even less came from Great Britain than during that year — and taking 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 Pro-vinces of Nova Scotia and New Bruns-wick, the total importation from Great Britain into the Dominion is less than it was two years ago — into the two Pro-vinces of Quebec and Ontario alone — -viz., 6,009,684 as against 6,210,099. From these tables and facts, which show the revolution -that one raUway has produced in the tea trade alone in two years, a fair inference may be drawn as to what -will be the effect upon the Eastern trade of Great Britain, when the various Ihies of raUways throughout the United States and Canada to the Pacific are com pleted, and the stUl more varied productions of the East — their sUks, their spices, their rice, cottons, and sugars, as well as their teas, seek the shorter and less expensive routes, sa-ving both time « Patterson, 1870, p. 93. t Deputy Minister of Customs. 180 CONFEDERATION. and insurance ; and ha-ving 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 raUways is of very serious importance. Pumpelly in a late work, " Across 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 from Hankaw, the one going by sailing vessel to England and St. Petersburg, the other by the long land route, thi-ough China in boats and vessels, through Tartary on camels, through Siberia on sleighs, and through Russia by raUroads, that which took the long land route cost nearly the same in St. Petersburg as that which went by the sea. " This," he says, " may be o-wing in part to the excess of duty at the Atlantic port of Russia over that on the Siberian frontier, and partly perhaps to the fact that the tea which takes the ocean route requires more manipulation before shipment 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 warrant the behef that the near future wUl see a raUroad 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 raih-oad, is about 4,600 mUes, and the total distance from Shanghai to St. Petersburg 5,600 mUes ; and observes : "Aside from international difficulties, the construction of such a road would, notwithstanding the greater length, seem to be a simpler problem 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 bearmg 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 years hence. The British statesman, therefore, who, by now ignoring Canada, places the great lines of Eastern traffic under the control of Russia on the one side, and the United States on the other, is incuiring a grave responsibility, and may leave to his countrymen the inheritance of diminished influence and power. Thus Canada is becoming daUy 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 wUl change then policy, and the above position would then be no longer tenable. On this point several important facts have to be taken into consideration. It is argued that the great diminution of American shipping, and the loss of the carrying trade, -will awaken the Americans to the unsoundness 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 ; but many of their ablest politicians and statesmen contend that,, owing to the great extent and inter nal resources of the United States, the loss or diminution of its foreign trade is not of so much consequence as it would be to other countries differently 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 (assuming 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 objects of exchange; and as they have coal and iron in abundance, a popula tion equal 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 Britam in the manufacture of those fabrics, of which she now claims jire-emmently 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, quite as large as aU Europe, or even India can aflbrd to Great Britain. Further, that her -vicuiity to China, Japan, and_ the Eastern Archipelago, -with her present and contemplated raU ways, must give her that market -with which Great Britain cannot compete, except by means of transit through her country, or a transit by the consent of other foreign nations, or by a long and circuitous route round the Cape of Good Hope. That, taking all these things into consideration, it is of no serious consequence whether she trades -with Great Britam or not. That she can do better without the fabrics of Great Britain, than Great Britain 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 her domain, and make her people have within 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 a,cceptable to a large body of people who like to have their o-wn way, and are willmg to pay for it. The same principles which may suit a dense population crowded into a small space like the British Islands, -with fixed habits and institutions, and great extremes of wealth and poverty, do not necessarUy apply to a population like that of the United States, -with a more generally difiiised competence, and -with an milimited space for expansion. Such a peojile 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 such circumstances, would have to take place in England. In advocating, therefore, a separation upon auy expectation that the United States -wUl prove as good customers in the future as Canada wUl, is relying upon an uncertainty. As long as Canada remains separate from the United States, she can regulate her o-wn tariff with England ; and, it is reasonable to expect, that m a few years the fact of her now owning immense tracts of those great Prairie Lands, which have formed so attractive a feature in dra-wing emigration to the United States, will have a similar effect -with her, and a population increasing in the same ratio, will afford to England the market which she is losing in the CONFEDERATION. 183 United States^ But sever Canada from England, annex her to the United States, and you will seal a whole continent against British 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 Eastern market wall answer the purpose of England, even if she should be comparatively excluded from the United States ; but the raUways across the American Continent afford the shortest route to the East, and wUl divert the trade in that dh-ection. If Canada were merged in the United States, the latter would have the entire control of those routes. Canada is now buUding, or proposing to build, a direct line from Halifasc to Vancouver Island, and whUe she remains a British possession, that route cannot be closed. It is said that the infiuence and the interests of the proprietors of these great roads in the United States -will be against closing them, and that the United States Government must bow to such infiuence ; yet to accomplish a national or a retaliatory purpose, the Federal Government would not hesitate to stop the passage of British goods in transitu, either from or to the East. The President of the 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 rights, — rights as exclusively their o-vm as the Fishery rights on the coasts of England, Scot land, or Ireland are the rights of the people of those countries, — did not hesitate to say, " Anticipating that an attempt may possi bly be made by the Canadian authorities in the coming season, to repeat their unneighbourly acts towards our fishermen, I recom mend you to confer upon the Executive the power to suspend, by proclamation, the operation of the laws authorizing the transit of goods, wares, and merchandize m bond across the Territory of the United States to Canada ; and, further, should such an extreme measure become necessary, to suspend the operation of any Laws, whereby the vessels of the Dominion of Canada are permitted to enter the waters of the United States." How, then, can England rely upon an infiuence which, in the time of emergency, would be unavaUable, and which would be rendered even the more impotent from the very effort to use. it m her favour, at a time of popular excitement or national hostility. 184 CONFEDERATION. Then laying aside the Suez Canal, the future utUity of which seems stiU to be in the balance, and the capacity of which, as suming that it was not controlled in any way by Foreign Powers, would hardly be sufficient for the entire Eastern Trade of. Great Britain ; the latter country -without Canada would in that respect be entirely at the mercy of the United States. The interest of Canada on the contrary, as separate from the United States, is to make her country, both by the great natural highway of the St. Lawrrence and by means of railways, the great path of transport for the traffic of Western America, and of Asia to Europe — by means of light duties and cheap fares, aided by the more equal temperature of the climate to divert the cereals of the Prairie States from the expensive routes to New York and Pennsylvania, to Montreal and the other Canadian seaports, and in return to supply those rapidly increasing interior States -with the productions of Great Britain and Europe, by means of her canals and superior natural communications. As illustrative of how strongly this is the interest of Canada, and how conclusively therefore it may be reHed on, as a pohcy likely in the future to influence her statesmen, thereby keeping her separate from the United States, and lea-ving her open to make or continue her o-wn arrangements -with Great Britain, so as to be mutually 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 ha-ving 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, Hunts Magazi'ne, one of the ablest and most authoritative works in the United States, on the Commercial PoHcy 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 people of the United States, (without paying one farthing of the purchase money) — $111,676 — and gave the items as follows : CONFEDERATION. 185 For elevating and shipping $6,000 Insurance against fire 1,125 Freight to Buffalo at 6 cents per bushel 18,000 Transfer 8,000 Canal freight 60,000 Measuring 3^000 Commission on value in Now York, at IJl 90 per bushel. . . . 14,250 Lake Insurance 2,191 For odd numbers 730 $108,296 During tho war, a war-tax on freight on the lakes was fur ther imposed, which created an additional charge of. . . 8,380 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 aud reversing the position, gi^¦ing to Canada the transit 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 pohtical connection of C;mada with Great Britain twenty yeai-s hence will be of great importance to the latter. But it would be unstatesman-like to look at the question solely in the light of peace. Tlie mere patronage that Canada aff'ords 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 legards Canada, (for if the latter were separated from England there would be no cause of war between the United States ;ind themselves), but as regards Great Britain m 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 d:uiger, and give her the means of gieatest efficiency as a maritune power ; but imless she retains within her own em- 13 186 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 gi-eater than they, for it is assumed that in any future war Great Britain 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 u-onclads, and the invention of powerful guns of pre cision at long distances, other nations have been brought more on an equaHty with Great Britain. The dashing days of Nelson and close quarters, of nautical skUl 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 saUor as an Englishman, but he may be quite as good, if not better, as an artiUerist, 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 America 1 What rendezvous for her fleets ] As neutrals, if separated, the same law must be extended to herself that is given to her foes — ^twenty-four hours in port 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, m time of war would be at her command. The noble harbour of Halifax, -with its splendid dockyards and impregnable fortifications of Esquimault, with its wide and deep bay, wUl no longer be under the British flag. There can be no Gibralter in America, and when England withdi-aws from British America, she hauls do-wn her flag from every rock and hUl. Reference may be made to the last Russian war, and it may be said that during that war British commerce needed no American ports. Perhaps not. But a war with France and Russia com bined, or Pi-ussia and any other European power possessing Mediterranean as weU as Baltic ports, or ports on the EngHsh Channel, and many of them, from which fleets and privateers could issue, would make a great difference. CONFEDERATION. 187 Thus in any future war — in such a case — England would lose the immense advantages she has hitherto possessed. But if this should be so, in case of a European war, how much more disas trous would it be ui case of a war with the United States — England without a place of shelter on the whole Nortli Atlantic and Nortli Pacific coasts, and the United States -with a thousand hai-bours 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 o-«ti great interior continent, a field for internal trade so vast, that the loss of her foreign commerce by the war woiUd not be felt. It may be said, there are to be no more wars, and all disputes between nations are henceforth to be settled by arbitration. It would be well if it were to be so ; but it is hardly worth whUe to cut one's muscles untU 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 much 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 affect the present and future of Canada ? It may be stated at once, that on the part of the great — very great — majority of the people of Canada, there is no desire for any change. Apart from all questions 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 soU, their fathers 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 aff"ord him 2)ecuniaiy aid. The recurrence of a second shock, like that created by the " Ashburton surrender," would, in the present day, arouse a veiy bad feeling ; but the modem policy of England renders that improbable, and it may safely be affirmed that the "status quo" is one which will not fee 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 power. With reference to the fixst, it is difficult to see any advantage to be gained by Canada, except the internal market of the United States, whUe it would be accompanied -with their increased taxa tion, and the entne loss of her o-wn 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 throughout Canada, that in all negotiations -with the United States, touching aff'ans m which British America has been interested, the United States have on every occasion got the advantage of England — that in eveiy instance, on the question of boundary, she has been deceived— that on the question of the Fishery rights she has been trifled -with ; and though the question of the Alabama Claims is one so entnely 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 notlung to do with it, yet, whether it be right or wrong, the impression does exist, that English diplomatists are no more fitted to compete -with American diplomatists in statecraft on questions affectmg American interests, than a Londoner would be with an Indian in woodcraft in an American forest.* In order to imdei-stand the second, that of independence as a sovereign power, the enquiry suggests itself, what are the material advantages derived from being connected -with England 1 Let all dread of the United States, so far as Canada is con cerned, be removed from the consideration of the question. As between the two coimtries, 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 prevaUs between the two peoples, and their better class of citizens are m favour of the more Conservative element stUl existino- in the Canadian Institutions, though it has ceased in their o-wn. In case of the continued connection with England and a war arising * See Hmve's Comments on Imperial Policy.— Appendix B. CONFEDERATION. 189 between that country and the United States, in which, perhaps, the brunt of the land conflict might have to be home on their soil, Canadians not only do not admit the position taken by the Times and the other -writers and speakers referred to, as to the defence of their country ; but on the contrary, they contend that if England -will only do her duty, and stand by them -with a fan proportion of military and naval aid, the country can be as well defended now as in 1812. The St. Lawrence and the lakes, if Great Britain promptly avaUed lierseK of her maritime superiority and made good use of it, afford a frontier sufficiently defensive as well as offensive to prevent any very great diead of an invasion on the part of the two Provinces of Ontario and Quebec. With reference to the Maritime Provinces, the sea is then- safeguard. Apart, therefore, from such contingencies, what are the material advantages 1 As a matter of jjounds, shUlings and pence, it has been she-wn that Canada bears all her o-wn exjienses of every kind, not only for internal self government and looah development, but for those external aids in the maintenance of lights and marine establishments along her coasts, which are as essential to British and foreign commerce as to her own. By the entne withdrawal of Her Majesty's troops, the burden of mUitary defence, in all cases except of an Imperial contest, has been thro-wn upon the Dominion. To this, there can possibly be no objection. The troops were sent here for an Imperial purpose, when the Imperial advisers of the Cro-wn thought for the jmrpose of concentration m England or otherwise, they should be -withdrawn, they were -withdra-wn. They had accomphshed the object for which they were sent, and Cana dians were, and are indebted to them for that mUitary instruction and bearing which has tended so materiaUy to instU into them the principle of self-reliance, and when on duty, of mUitary subordina tion. For revenue purposes, and a coast guard over the fisheries, Canada has to bear the expense. In all her civU and military departments the same, not a shilling from the English Exchequer finds its way into Canada for a Canadian purpose. On the other. hand, Canada derives a great pecuniary advantage, indeed an in calculable advantage from the connection, in the benefit of protec tion to her commerce by the British na-vy. Already the third 1 90 CONFEDERATION. maritime country in the world, her ships under the British fla^ are spreading over every sea, and as British ships bear with them wherever they go, that power, which, though unseen, like the atmosphere, is felt eveiywhere. 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 bears aU the burden of the Imperial expenses, whUe she contributes none. An Englishman -with every privilege — -without his burden — it is difficiUt to conceive, practicaUy a more mdepeudent position. True it is, this Navy and Foreign Re presentation would equally have to be kept up, if Canada were in no way connected -with England, not a ship is added to her na-vy, or a man to her army, on account of Canada, yet that in no way derogates from the faot that Canada has the benefit, -without the payment. Revie-wing 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 aU her pre sent expenditure for the maintenance of a navy and diplomatic representation with foreign governments, to say nothing of the humUiations to which a weak power may sometimes have to sub mit when assorting with others whose means are unmeasurably 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 maf>- 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 cla^ssed amid the great family of nations, but her pubhc unproductive expenditures would be largely increased. British prudence might deem that the empfre had got rid of an element of CONFEDERATION. 191 trouble with one nation, but might find that the removal of that element had left her powerless in her contests with six others, if not all. Viewed m either light — m 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 severance 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 jirogress and civUization, it might well be anticipated that the humanities of life would be promoted, and civil and religious liberty become more widely diff'used. The importance of the connection of Cianada -with Great Britain, 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 country governed," it is said : " Tlie departments of state in which the people of Eng land take, as is natui-al, the deej^est interest, are the Home Office, the War Office, the Admiralty, the Treasuiy, 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 doors of the Houses of Parliament, for this sufficient and obvious reason, that whether UI or well con ducted, it aff'ects the interests of the masses only in a secondary degree." The truth 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 aff'ect the interests of the masses more than the result of the question whether the elections should be conducted by ballot or viva, vocS, 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 commerce. In Canada the impression is she could 192 CONFEDERATION. not. The following observations from a leading American states man, and one of the most eminent staticians of the United States, whose opinion is of marked weight in that countiy,* tend strongly to confirm the views before expressed. He writes : "The internal and coast-wise trade of our country greatly exceeds our foieign trade, and consequently we feel the loss of our tonnage in foi-eign trade much less than it would be felt by other countries. That oui- jjrosperitj'- depended more upon our internal resources and exchanges than it did upon the carrying trade ; that our revenues 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 century; that by the aid of our internal revenues we had last year paid $100,000,000 of our debt. And that when English politicians assumed that our power was crippled by the loss of a quarter of our tonnage, they fell into a serious error — because they did not appieciate the magni tude of oui- internal resources. England measures the resources of nations by their exports and then imports and tonnage engaged in foreign trade. We adopt a different standard. We have less .ships, and less exports and imjjorts in foreign trade than England. Our commerce is chiefly coastwise and contmental ; but whUe the entries and clearances of .shipping in the British Isles are less than 40,000,000 of tons annually, ours exceed 87,000,000 of tons. Our inland movement by railways aud canals is still larger. The inland traffic by i-ailway and canal of the single State of New York, this year, exceeds 14,000,0(l(» of tons. By my estimate, the agricultural productions of the United States annually exceed .$3,600,000,000; their minerals and manufiictures -will reach $2,800,000,000 ; their exports and imports wUl equal $1,200,000,000; their growth in wealth ammally $1,500,000,000 ; their annual growth in population 1,200,000. If our country has lost shipping, it has buUt .56,000 miles of raUways — more raU ways than all Europe has constructed. Last year our country raised 4,200,000 bales of cotton; l,2U(t,UOO,000 bushels of com; 500,000,000 bushels of other breadstuff's ; 200,000,000 gaUons of *Mr. Derby of Boston ; SejilmnUT 10th, 1871. CONFEDERATION. 193 petroleum. It sustams, also, more than 100,000,000 of cattle, sheep, and swine. As i-espects our commercial policy, our country has suice the war repealed more thiui .-^^lOO, 000,000 taxes and duties, without materially reducing its net revenue. It struck off last year $24,000,000 of duties and $56,000,000 of taxes, and can, I think, tliis -winter spai-e $80,000,000 more, and stUl reduce its debt rapidly. Should we do so, the nation in eight years more — should a crisis occur — would be able to raise, by taxes, duties, and loans, twice tlie amount it did raise in 186.'i — in which year we drew from our people hi 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 manufactures more easUy than she can dispense with the food and raw material we furnish." However much, therefore, English political economists may question the soundness of the trade theories of the United States, it is plaui that untU her great continent becomes as densely peopled as the British Isles, she need not trouble herself much about the discussion. In the presence of such a power twenty yeai-s hence, should England i"ashly throw away Canada, British commerce may bow its head. [194] 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. When the Canadian Legislature met in February, 1865, 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 con-viction of its advantages, the Cabinet were a unit, the several ministers vieing -with each other only in the generous rivalry who should be most earnest in the work. The Governor-General brought the subject before 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 pro-vince. A careful consideration of the general position of British North America, induced the con-viction that the circumstances of the time afforded the oppor tunity not merely for the settlement of a question of pro-vincial politics, but also for the simultaneous creation of a new nation ahty. Preliminary negotiations were opened by me -with the Lieut.-Govemors of the other pro-vinces of British North America, and the result was that a meeting was held at Quebec, in October, composed of delegates from these colonies, representing aU shades of pohtical party in their several communities, nominated by the Lieutenanf^Govei-nors of their respective Pro-vinces, who assembled here, with the sanction of the Cro-wn and at my invitation, to confer with the members of the Canadian ministry, on the possi bUity of effecting a miion of all the provinces of British North America. This Conference by lengthened deliberations arrived at the conclusion, 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 papers relating to the subject, I have directed to be laid before you. The general desire of a union, and tlie particular plan by which it is proposed to carry that intention mto eff"ect, have both received the cordial approba tion of the Imperial Government. An Imperial Act of Parlia ment wUl be necessary in order to give eflfect to the contemplated union of the colonies ; and I have been officially informed by the Secretary of State, that Her Majesty's ministers will be j^repared to introduce a BUl 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 representing the several pro-vinces affected by it. In commending to your attention this subject, the importance of which to yourselves and to your descendants it is impossible to exaggerate, I would 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 coimtry which they inhabit shall be consolidated into a State, combinhig -within its area all the elements of national greatness, pro-viding for the security of its component parts, and contributing to the strength and stability of the empire ; or, whether the several Pro-vinces of which it is constituted, shall remain in their present fragmentary and isolated condition, com paratively powerless for mutual aid, and incapable of undertakmg their proper share of Imperial responsibility. 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 February, the report of the Convention, in the shape of the resolutions already given, were brought up for discussion in the Legislative Council, on the following motion by Sn 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 196 CONFEDERATION. Brunswick, Ne-wfoundland and Prince Edward Island, in one Government, with provisions based on the resolutions, which were adopted at a Conference of delegates from the said Colonies, at the city of Quebec, on the 10th October, 1864." The resolutions are then set forth, and are the same as those already given on page 66, except the 24th, which has the altera tion before adverted to, and is as follows : " 24. The Local Legis lature of each Province may from time to time alter the Electoral Districts for the purpose of representation in such Local Legisla tures, and distribute the representation to which the Province is entitled in such Legislature in any manner such Legislature may see fit." A similar motion was made in the other House. It may be said of the debate which foUowed in both Houses, that it would have reflected credit on any assembly. Sustained throughout, 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 ftiture 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, without laboiu or difficulty of attainment. The views of Messrs. Macdonald, Cartier and Brown on the one side, and of Messrs. Sandfield Macdonald and Holtoii on the other, as the leaders of their respective parties ; of Mr. Gait, from his admittedly high fuiancial position and commercial knowledge ; of Mr. Dorion, as 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 rural and landed interests ; of Mr. Langevin as a French-Canadian, a member of the Cabinet, and assumed to speak with the authority, and to a great degree the sentiments, 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 la-wyer, analysing the subject with microscopic power; and of Mr. Shanly, an inde- CONFEDERARION. 197 pendent member of Parliament, touching upon a point uot referred to by the other speakers, cannot fail to command attention. The speeches of Messrs. Cartier and Bro-wn, on different occasions, hav6 already been given at great length. It is considered that the sub stantial observations of the other members, now selected as repre 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 the time. The omission of the observa tions of other speakers is simply to avoid unnecessary reiteration. In the Legislative CouncU the discussion was equally able. On a re-view of the whole debate, one is perceptibly struck with the greater depth of -s-iew, the broader forecast, and more states- man-lUte positions 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 di-visions of old Canada proper, which had rendered constitutional government imjsossible, and made some change essentially necessary, it is plain that the future interests of British North America requued a broader development than could have been afforded by any congeries of Pro-vinces, working in indifferent if not hostUe relations towards each other. To the Maritime Pro'vinces the change was as essential as to Canada. It is true, the machinery of their local governments was workmg smoothly, and no pressing internal difficulty necessitated any departure from the existing system. But the horizon was circumscribed, and very limited. No Province could speak -with any weight of position. Trade was daily seeking further expan sion ; but negotiations with half-a-dozen Provinces, each regulating its o-wn tarifl", rendered complications with foreign countries and the Imperial Government, through whom they had to speak, so great, as to neutralise action. The British Government looked upon the aff"airs of British North America and its six or seven Governments, as an endless chain of trouble, perpetually revolving, and always showing the same unending types. 198 CONFEDERATION. One strong hand, one strong -wUl, presiding over and cementing all, constitutionally speaking to the parent state through its Parliament and ministers, would do more in one year to advance the material progress of the whole country, and remove the difficulties of deahiig -svith foreign states, so far as British North America was concerned, than would a dozen years of negotiation -with the separate Provinces. The greater homogeniety that woiUd be engendered, the fusion of interests in the imdei-taking of great works, the national character and national spirit that would be created, woiUd all tend to strengthen those elements which He at the foundation of a nation's greatness. It is absurd to suppose, that British North America, -with its half a continent of boundless domam can always hang a de- pendancy upon England. Its people will and must develop their material interests, and on the spot, they are better judges of how 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 requu-es a cessation of dependance — Canada must not en tangle Great Britain in any way. The latter's position towards all other countries ought to be such, as to leave her free, to act for her o^vn 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 boldly shadowed forth this consumma tion, who advocated not only the union of the Atlantic Pro-vinces, but the admission of the North-West Teiiitories ;md of British Columbia, -will hereafter i-ank among the class of statesmen, who, rising above the influences of their time, or the jiressui'e of local causes, grasp the future in then- hand, and mould the destinies of empfre. But to the debate. Sir Etienne Tache, in the Legislative CoimcU, in a fair and temperate speech, moved the resolution, obseiwiiig : " The reasons for its introduction were two-fold. They related. first, to the intrinsic merits of the scheme itself, divested of all other considerations, and next, to the settlement of the domestic difficul- CONFEDERATION. 199 ties which for some yeai-s had distracted the country, and the means we might and ought to employ to restore good feeling, harmony and concord therein. He would first address himself to what he considered the intrinsic merits of the scheme of Confederation, and he would therefore say that if we were anxious to continue our connection with the British Empire, and to preserve intact our institutions, our laws, and even our remembrances of the past, we must sustain the measure. If the opportunity which now presented itself were allowed to pass by unimproved, we would be forced into the American Union by violence, and 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 present condi tion we would not long continue to exist as 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 aboHtion of the transit system ; then the Reciprocity Treaty was to be discontinued ; then a passport system was in augurated, which was almost equivalent to a prohibition of mter- course, and the only thing which really remained to be done was to shut down the gate altogether and prevent passage through their territory. Wbuld any one say that such a state of things was one desirable for Canada to be placed in? WUl a great people in embiyo, as he believed we were, coolly and tranquilly cross their arms and wait for what might come nexf? For his part he held that the ^ime had now arrived when we should establish a union -with the great Gulf Provinces. He called them great ad-visedly, ' for they had within themselves many of the elements which went to constitute greatness, 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 their fisheries. Then they were rich in minerals. Then coal alone was an element of great wealth. It had been said that where coal was found the country was 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 power. But Canada had no coal, and notwithstand- 200 CONFEDERATION. ing all her other elements of greatness, she i-oqufred 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-buildhig, it was an industiy pi-osecuted with great ^¦igou^ and success iu those pro-vinces, especially in New Brunswick, and some of the finest vessels saUmg under the Britisli flag had been biiUt in the port of St. John, which annuaUy launched a considerable number of the largest class. They were not beggai-s, nor did they wish to come into the luuou as such ; but as mdepeudent Provinces, able to keep up their credit, and provide for theii- o-wn wants. They would brmg mto the common stock a fafr share of revenue. of property, and of e^ery kind of industry. As to Canada itself from the 21st iMay, 1862, to the end of June, 1864, thei-e had been no less than five different Governments in charge of the business of the countiy. Much had been said on the war of races, but that w;u- was extinguished on the day the British Government granted Canada Responsible Government, by which all its inhabitants, without distinction of lace or creed, were placed on a footing of equality. The war of i-aces found its grave in the resolutions of the 3rd September, 1841. and he hoped ue-\ er to hear of it agaui." The attack was led by Mr. Currie, ably supported by jMr. Letellier de St. Just and Mr. Sanbom. They pointed in succes sive columns of statistics to the inequalities of tlie 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 tliose urged by the opponents of the measiu-e in tlie Lower House, they wUl be found in the speeches hereuiafter quoted from. The result in both Houses was the same : the motion was sus tained by large majorities ; ui the Lower House, on a division, by ninety-one membei-s to tlurty- three, only five membei-s being ateent out of a house of one hundi-ed and twenty-nuie, namely : Yeas. — Messieui-s AUeyn, ArchsihijDault, AWt, Beaulueu, Bell, Belle^ose, Blai^liet, Bo^vl^an, Boyii, BroWau, Bro-wn, Burwell, CONFEDERATION. 201 Cameimn (Peel), Carling, Attorney-General Carfcier, Cartwr^ght, CauVbou, Chambers, Chapais, Cockbiirii, Cornellier, Cowan, Cu^-' rier, De BouchervUle, Denis, De Ni-v^^ille, Dickson, Dufr«Mie (Montcalm), Dunsford, Evanturel, Ferguson (Frontenac), Fe?Wf- son (South Simcoe), Gm, Gau35 per head of the popu lation. The value of the import and export trade of New Bmns- -wick for the same year reaches $16,729,680, amoimting to $66 per head of its population. The aggregate 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 Island, the import and export trade amounted to $3,055,568, representing $37 per head of the population of that colony. The value of the total trade of Newfoundland was $11,245,032, or $86 per head. The whole of these figures represent an 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 per head it falls considerably short of the trade of New Bruns-wick and Nova Scotia, being a Httle more than half per head of the former, and not more than two-thirds of that of Nova Scotia. Passing from trade to the ship builduig and tonnage of those colonies. The returns of 1863 show, in that year, the number of ships buUt 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 buUt m one year, is as good evidence as can be off"ered of the facUities we possess for becoming an important maritime power. The industry repre sented by those figures shows an export value of nearly nine miUion 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 smaU 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 -wUl 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 tlie annual total of tlie daily ingoing and outgoing tonnage engaged in the sea and lake trade. 15 218 CONFEDERATION. 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 liave interfered -with the free interchange of the products of the labour of all the colonies, and one of the greatest and most immediate benefits to be derived from their union, will spring from the breaking do-wn of these baniei'S, and the opening up of the maikets of all the provinces to the different industries of each. If we require 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 operation, our trade in the natural productions of the two countries swelled from less than 1^2,000,000 to upwards of $20,000,000 per annum, and when we are threatened -with an interruption 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 o-wn fellow-colonists for a continued and uninter rupted commerce, which wUl 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 union practicable; and whether the detaUs of the measures proposed are equitable to each and to all, it is necessary first to re-view the HabUities of each province, the reasons why they were incurred, the objects which have been sought. The public debt of Canada, New Bruns-wick, 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 (Janada, her great canals intended to bring the trade of the vast countries bordering on the lakes down to the Gulf of St. La-vvrence ; 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 parts of one great whole. Taking the present engagements of the several CONFEDERATION. 219 Provincl^s, beginning with Canada, I liud that our whole debt, exclusive of the Common School Fund, which does not form a portion of our ongagements relatively to the Lower Provinces, amounts to $67,263,1)95. The debt of No\-ii Scotia is $4,858,547, and that of New Brunswick $5,702,991 ; Newfoundland has only incurred liabilities to the extent of $940,000, bearing interest at five per cent., whUe Pruice Edward Island owes $240,673. Tho total liabilities of those Provinces ai-e, therefore, $11,748,211, against tlie 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 liabUities of No^a Scotia and New Brunswick, thel-e are certain further engagciuents they ha-^-e mcuri-ed for the extension of their railway system requiring future pro\'isioii 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 amount, as applied to Canada, would entitle us to enter the union with a debt of $02,500,000. Some difficulty might have occurred in reducuig the Canadian debt to this amount had it not been apparent, on (ixammation, that a con- sidei-able portion of it was connected with local advances, such as the Municipal Loan Fund, which does uot properly belong to the same category as debt conti-iiettHl in connection with the system of public iniiirovements, the management of which is intended to be confided to the (General Government, but rather partakes of a local character, and should more properly be left in the hands of the Local Legislitm-es. It -will, therefore, be found provided in the resolutions, that in assuming for itself, apart from the Genei'al Government, the surplus of debt of about $5,000,000, the Provmce of (Canada became entitled to withdraw from the general assets all those items which were of a local cliai-acter, and for which a portion of its debt had been uicnrnHl. It was wise, then, to confine the HabUities of the General Go^•erllment simply to those debts which had been incurred for purposes of general uuproveinent, and to provide locally, in this country, for the 220 CONFEDERATION. assumption of the surplus, together -with the assets which had been created by it." Hon. Mr. Dorion—" Do the $67,263,995, stated as the debt of Canada, include the original seigniorial indemnity given to Upper and Lower Canada, under the Act of 1854 1 " Hon. Mr. Gait — " Yes ; that amount does include the indemnity, and among the arrangements contemplated by the Government, assuming that Confederation does take place, they wUl submit for the consideration of this House, a project for the assumption by Lower Canada of the seigniorial indemnity pro-vided by the Act of 1859, whereby it -wUl be rendered unnecessary to give an equivalent indemnity to Upper Canada, thus saving upwards of three mUlions of dollars. It now becomes my duty to submit to the House, a statement of the resources which the several prov inces propose to bring into the common stock, for -which purpose the financial returns of 1863 have been taken as the standard. From these returns, it would appear 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 $1,185,629, her outlay bemg $1,072,274; New Brunswick, with a population of 252,047, had an income of $894,836, and an, outlay of $884,613 ; Newfoundland, -with a population of 130,000, had an income of $480,000, the outlay bemg $479,420 ; Prmce Edward Island, with a population of 80,000, had an income of $197,384, the outlay being $171,718. The total revenue of aU these colonies amounted to $2,763,004, and the total expenditure to $2,608,025 — the united surplus over expenditure for 1863 being $154,979. It -will be observed that as regards these Pro vinces their uicome and expenditure are such that they -will enter the Confederation with a financial position in no respect mferior 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 theu- 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 deficiency which unfortunately existed during that year was re moved in 1864, and that, therefore, we are not obliged now to enter the Confederation in an inferior position, in this respect, to that of the sister colonies. The revenues of each of these Pro- -vinces are collected under different systems of taxation, suited to the local industry and the wants of then- 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 easUy borne by the industry of the whole country, and to as similate the several sources of revenue which are now in existence m such manner as -will least interfere with the profitable exercise of the industry of the people. One thing must be evident that where the taxation is about equal per head, the adjustment of it cannot be attended with any injustice to the people of any of the several provinces. Apart from the advantages from the free trade which -will hereafter exist between us, the credit of each and all the Pro-vinces wiU be greatly advanced by a union of their re- soiuces. A larger fund -wUl be available as security to the public creditor, larger industries will be subjected to the action of the Legislature for the maintenance of jmblic credit, and some of those apprehensions which have latterly affected the public credit of this countiy -will be removed. It is proved by the fluctuating quota tions of the securities of these Provuices in London that the ^apprehension of war -with the United States — which has aff"ected the prices of Canadian bonds — has not to the same extent affected those of New Bruns-wick and Nova Scotia, which are less exposed to hostile attack ; and the union, while it aff'ords greater resources, -wiU, at the same time, carry with it a greater sense of security. I now propose, to refer to the means which wUl be at the disposal of the several Local Governments to enable them to administer the various matters of public poHcy which it is proposed to entrust to them. In the case of Canada the sum of nearly five millions of the public debt has to be borne by Upper and Lower Canada. It -wUl hereafter be for the House to decide how this sum shall be apportioned, but the probabUity is that the Government will re commend that it shall be di-vided on the basis of population. Canada -will have at its disposal a large amount of the local assets, JiTl CONFEDERATION. mcluding especially the sums due to the Municipal Loan Fund, which wUl produce an income for the support of their local ui- stitutions. As a matter of account between Upper and Lower Canada and the General Government, they -will be charged with the interest on their respective proportions of the five mUlions against the subsidy which it is proposed shall be given to them, while they themselves wUl collect from the municipalities and other local sources all the revenue and amounts which now enter into the general revenue of the Province of Canada." Hon. Mr. Dorion — " WUl Lower Canada be charged -with the municipal loan fund, the seigniorial indemnity, and the educational indemnity 1 " Hon. Mr. Gait — "As regards the original seigniorial indemnity and the municipal loan, they are both included in the sixty-seven millions already stated as the liabUities of Canada, and cannot, therefore, form 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, arising from territorial domain, lands, mines, &c., sources of revenue far beyond the requirements of the public service. If the local revenues become inadequate, it wUl 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 ujion to administer public affairs will feel, when they resort to direct taxation, that a solemn responsibUity rests upon them, and that that responsibility wiU be exacted by the people in the most peremp tory manner. I do not hesitate to say, that if the public men of these Provmces were sufficiently educated to understand their own mterests in the true light of the principles of political economy, it would be better now to substitute du-ect taxation for some of the in- C0NFEDERATI0.N\ 223 direct modes by which taxation has been imposed upon the industry of the people, I do not, however, believe that at this moment it is possible, nor do I think the people of this country would support any government in adopting this measure unless it were forced upon them by the pressure of an overwhelming necessity. The local revenue of Upi);'r Canada during the last four years has averaged the sum of $739,000, and that of Lower Canada $557,239. Together they amount to nearly $1,300,000, independent of the 80o. per head which it is proposed to aUow the local governments out of the general exchequer, for the purpose of meeting their local expendi tures. These local expenditures include such items as the 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 charge, exclusive of the expenses of local government and legislation, on an average of the last four years, has in Lower Canada amounted to .15997,000, 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 meet 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 require again to be performed ; but they have undertaken to perform the whole service in future for $371,000. .In the case of New Bruns-wick, 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 $170,000; and in Newfoundland an outlay of $479,000 has been simUarly reduced to $350,000. The House must now 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. character, and avaUable 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 the Provinces. In transferring to the General Government all the large sources of revenue, and in placing in their hand — --with a single exception, that of direct taxation — all the means whereby the industry of the people may be made to contribute to the wants of the state, it must be evident to every one that some portion of the resources thus placed at the disposal of the General Government must in some form or other be avaU able to supply the hiatus that would otherwise take place between the sburces 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 requued, and I think that the figures I have already given to the House aff"ord the best possible evidence that no dis position existed, at any rate on the part of our friends from the Lower Provuices, to take from the public exchequer one shilling more than the necessities of their respective communities absolutely demanded. In the case of Canada, perhaps it wUl be said that a smaller sum would have met our immediate wants, but it was felt that it would be impossible to justify any distinction being dra-wn between subjects of the same country. A subsidy of 80c. per head was provided, based ujion the population according to the census of 1861. The agreement does not contemplate any future extension of this amount. It is hoped that being in itself fixed and permanent ui its character, the Local Governments will see the necessity of exercising a rigid and proper control over the expenditure of their several Pro-vinces. The last question neces sary to be decided on the present occasion is, whether under the proposed Confederation such additional expenses -will be incurred as to render it undesu-able. On the one hand we shall be free from the empty parade of small courts entailed by our present system on each of these Provinces, keepmg up a pretence of regal show when the reality is wanting ; we shall have the legislation of the General Government restricted to those great questions which may ]U'opei-ly occupy the attention of the first men in the CONFEDERATION. 225 country; we shall not have our time frittered away in considering the merits of petty local bUls, 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 municipal than great general questions, -vriU 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 he in reahty any greater under the new than under the old system ; but there are other items of expenditure for great pubHc 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 Provmces, it is the best proof that could be given that our position is one of inferiority, and that we do not possess either the power or the means to undertake such works as make such items necessary. 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 aff"ord 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 220 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 ihatters which, as individuals, we may not like. Let the House frankly look at it as a great measure brought down for the purpose of relieving 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 mvolved, but to the fact that the country desires and cries for, at the hands of the House, some measure whereby its intern-al prospei'ity, peace and happmess may be developed and maintamed." 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 incompetency and inconsistency, -with caustic sarcasm declared that he was not afraid that theu- speeches should go to the country unanswered. Compared with others, his speech is extremely short. Being the first m opposition, and strikingly characteristic of a prominent member of Parhament, and a leading opponent of confederation, it is given in full. Per haps also hereafter it may be referred to as a se.xthing leview by a cotemporary liberal, of the style and efficiency of the 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 them. But if the five speeches to which we have now listened contain all that can bs 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 simple 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 voics and vote for twenty years. He was struggling, all through that speech, against the conscious- CONFEDERATION. 227 ness of the falseness of his political position, and what every one conceived would be the brightest effort of his life was the feeblest address he ever delivered on any important question during the twenty years he had sat ui this House. The Attorney-General West was followed by the Attorney-General East. I know not how to characterize the sjieech of that hon. gentleman, further than to say that it was quite characteristic. It was perfectly character istic. I doubt whether auy attorney-general who ever existed, since attorneys-general were first invented, besides that hon. gentleman, could have delivered, on an occasion like this, tlie 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-general, I repeat, since attorneys-general were fu-st invented, could have delivered a speech at all like that pronounced by the Attorney-General East, in open- mg his side of the great question now submitted to the consider ation of Parliament. Then foUowed the singularly able speech of my honourable friend, the Finance Minister, which was delivered -with all that ease and grace that mark all his efforts in this House, and with that fluency 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 very topics on which he was expected, . or might have been expected, 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 mind. Then came the speech, the herculean effort of my honour able friend, the Piesident of the Council. That speech 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 fit 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 that 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, sa-ving 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 a,re 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 wUl see that these honourable gentlemen have utterly faUed 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 wUl see, too, that they have failed to explain, to -vindicate and to justify the disregard of parHamentary 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 proper — but to aU the clumsy contriv ances adopted by that self-constituted junta which sat in Quebec a few weeks since, for giving effect to that union, and to all those huxtering arrangements by which the representatives of the Lower Provinces were induced to give in their adhesion, and, so far as they could, the adhesion of their pro-vinces to this scheme. I say, they quite failed to explain this and to vindicate it. The country too wiU 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. 229 stitution of the Federal Government. It is quite manifest that a union, even if generally desirable, 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 theu- 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 distmct information might have been given than has been given, on the all-important question of edu cation, in respect of which we have been given to understand that some final and permanent system wUl be enacted by this. legislature, in view of the proposed federation of the Pro-vinces.^ We might also have expected that some information would have been vouchsafed to us in respect to the Intercolonial Railway, which we are in fact voting 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 voting the cost of that road, so far as this legislature can do so — a road which wUl cer tainly cost us $20,000,000, and, for aught we know, may cost us $40,000,000. I do think we 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 country, what sort of utterances have we had on that subject 1 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 Agriculture 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 ? It means that, in connection with this union, we are to have entaUed 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 230 C0NFEDER.\TION. irrevocable action is taken with regard to the scheme 'I 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 ui respect to which honourable gentlemen have either maintained a studied reserve, or have spoken, like the Delphic oracles, in language which defies uiterpretation. I say, then, let these speeches go to the country; and if the country, by perusing them, is not awak ened to the dangers which threaten it from the adoption of this crude, 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 perusal of these speeches, I do not say I -wUl despair of my coun try, for I will never despau- of my country, but I anticipate for my country a period of calamities, a period of tribulation, such as it has never heretofore known." On the 1 6th February, Hon. Mr. Dorion followed m support of Mr. Holton, and in resuming the adjourned debate, after remark ing that he had heard no sufficient reasons assiffued for changins; the views he had before entertained on the subjects of the Elec tive Council . and Intercolonial RaUway, and the question of union, when first proposed l>y Mr. Gait in 1858, proceeded to observe that the present scheme was submitted on two gromids, first, the necessity for meeting the constitutional difficulties which have arisen between Upper and Lower Canada, owing to the gro-wing 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, m 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. I'ol Lower Canada, but the Upper Canadians had all opposed it. I think two votes were taken hi 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 18-''i4, the Macnab- Morin coalition took placid, 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 CouncU (Hon. Mr. Bro-wn), 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 abstract, 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 questions could be consigned to the deliberations of local legis latures, -with a central government ha-ving 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 Bro-wn- Dorion government was formed, and one of the agreements madg between its members was that the constitutional question should be taken up and settled, either by a confederation of the two Pro-vinces, or by representation according to population, with such checks and guarantees as would secure the religious faith, the laws, the language, and the pecuHar 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 understand how this can be regarded as any indication that I have ever been iu 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 be opposed to their confederation for all time to come. Population may extend over the wUderness that now Hes 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, giving 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 pre text. It is not so well known, but far more powerful. In the year 1861, Mr. Watkin was sent from En^and by the Grand Trunk RaUway 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 started for the Lower Provinces, and came back after inducing people there to resuscitate the question of the Intercolonial Railway. ¦ Parties were readUy 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 unwUling to grant the requu-ed 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 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 public purse for the Grand Trunk, — but this was the origin of the revival of the scheme for constructing the Intercolonial RaUway. At a meeting of dele gates of the several Provinces, 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 havmg faUed, some other scheme had to be concocted for bruiging aid and rehef to the unfortunate Grand Trunk, — and the Confederation of all the British North American Pro-vinces naturally suggested itself to the Grand Trunk officials, as the surest means of bringing with it the construction of the Intercolonial RaUway. Such was the origin of this Confederation scheme. The Grand Trunk people are at the bottom of it. I repeat that representation by popula tion had very Httle 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 Govorn ment would pledge themselves to seek a Confederation of the British American Pro-vinces, 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 pro-vision for the admission 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 brought do-wn is not the scheme promised to us, what dif ference can our bringing in the Provinces at pnce make ? This I wUl explain. When they went into the conference, hon. gentle- 16 234 CONFEDERATION. men opposite submitted to have the votes taken by Pro-vinces. Well, they have now brought us in, as was 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 2,500,000 people — were over-ridden by 900,000 people of the Maritime Pro-vinces. Were we not expressly told that it was the Lower Provinces who would not hear of our having an elective Legislative ¦ CouncU 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 four Tory Governments. Taking the average time each councUlor -will be in the Council to be fifteen to twenty years, it -wUl take a century before 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 very short time has elapsed a dead lock may arise, 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 Govei-nment, we could change some of its provisions ; but it is in the nature of a compact, a treaty, and camiot 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 CouncU ; their ajipointment is to be for five years, and they are not to be removed -without cause. I wUl venture upon another prediction, and say we shall find there -will be no such thing as responsible government attached to the Local Legislatures.'' Mr. Dunkin — "There cannot be.'' CONFEDERATION. 235 Hon. Mr. Dorion — " There -will be two, tlu-ee, 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, Su- Jolm Colborn, or Su- James Craig. You will have governments, the chief executives of which -will be appointed and hold office at the wUl 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. Alrtiorney-General West, lead them to this — they think the hands of the Crown should be strengthened, 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 Cro-wn; -with local Governors also appointed by the Grown; -with Legislative Councils, in the General Legislature and in aH the Provinces, nominated by the Cro-wn; we shaU have the most UHberal constitution ever heard of in any coun try, where constitutional government prevaUs. The Speaker of the Legislative CouncU is also to be appointed by the Cro-wn 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 pro-viding a better mode of defence for this country. You add to the frontier four or five hundred more mUes 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 -wUl 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 Pro-vinces 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 -wiU have to defend, -wUl be much larger than if we remained alone. Why, take the Hue 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, 236 CONFEDERATION. compact and powerful. These 250,000, Canada witl have to defend, and it -wUl have to pledge its resources for the purpose of pro-viding means of defence along that extended line. And, if rumour be true, the Intercolonial RaUway, this so-called great defensive work, is not to pass along Major Robinson's line. The statement has been made — I have seen it in newspapers usuaUy well informed — ^that a new route has been found that -will satisfy everybody or nobody at all ; and, whUe 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 ten-twelfths of the cost of that raUway, -without knowing whether there -will be ten mUes or one hundred mUes of it in Lower Canada, or whethei it wUl cost $10,000,000 or $20,000,000." Hon. Mr. Holton—" It wUl be nearer $40,000,000." Hon. Mr. Dorion — " It is foUy to suppose that this Inter colonial RaUway -will in the least degree be conducive to the defence of the country. We have expended a large sum of money — and none voted it more cordially and heartUy than myself — for the purpose of opening a mUitary highway from Gasp6 to Rimouski ; and that road, in case of hostiHties -with our neighbours, would be found of far greater ser-vice for the transport of troops, cannon, and aU kinds of munitions of war, than any raUway foUo-wing the same or a more southern route possibly can be. That road cannot be efi"ectuaUy destroyed ; but a raUway lying in some places not more than fifteen or twenty mUes from the frontier, wUl be of no use whatever, because of the readiness -with which 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 wUl be nothing but folly for us to cripple om-selves by spending fifteen or twenty mUlions 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, kno-wing that the General Government wUl be party in its character, may it not CONFEDERATION. 237 for party purposes reject laws passed by the Local Legislatures, and demanded by a majority of the people of that locality. This jiower 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 feehngs and prejudices, and do not partake of the local jealousies that prevaU 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 caU upon the General Government to disallow the laws enacted by the majority 1 The men who shaU compose the General Government will be dependent for their support upon their pohtical friends in the Local Legislatures, and it may so happen that, in order to secure this support, or in order to serve their o-wn purposes or that of theu- supporters, they -will veto laws which the majority of a Local Legislature find necessary and good. What -wUl be the result of such a state of things but bitter ness of feeling, strong pohtical acrimony and dangerous agitation? Then, among the powers granted to local legislatures, we find the power to pass by-laws imposing direct taxation. That is the first 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 chUdren 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 whUe 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 Bruns-wick 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 legislature 238 CONFEDERATION. wUl pass a law which wUl then go to the General Government ; the latter -wUl put its veto upon it, and if that does 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 the able statement, or rather able manipulation of figures, he made the other day. When that honourable gentleman was able to prove to the satisfaction of the Barings, the Glyns, and the leading merchants of England, that the investment they would make in the Grand Trunk RaUway 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 be in a most flourishing condition, and that we shall have a surplus every year of at least a milHon dollars. I have a million more than I want, he exclaims, and I -will reduce the duties to fifteen per cent. But the honoiu-able gentleman for gets that he has the Intercolonial Railway to pro-vide for, as weU as that mUitary and naval defensive force which we are going to raise. He forgets all this, but the promise is there ; aad just as he held out to the expected shareholders of the Grand Trunk Rail way the eleven per cent, di-vidends upon their investments, he now tells the people of these several colonies that the customs duties -will be reduced to fifteen per cent. The first thing that the Confede ration -will have to pro-vide for is the Intercolonial RaUway, which wUl certainly cost twenty mUlions of dollars, the interest upon which, at five per cent., wiU amount to one mUlion 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, as 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 estabHsh a Crown Lands department under the Gene ral Government. Now, supposing the increased extent of terri tory to be defended under the Confederation, augments the mihtia expenditure to the extent of a million a year. Then add the interest of the sum required to buUd the Intercolonial RaUway, five per cent, on $20,000,000, and we have an annual payment of CONFEDERATION. 239 $1,000,000 more, which is increased by $150,000, the indemnity paid to Ne-wfoundland for its valuable mineral lands. Then we have to pay the local governments, at the rate of eighty cents per head, $3,056,849, The interest on the debt of Nova Scotia, $8,000,000, win amount to $400,000 ; on that of New Brunswick, $7,000,000, to $350,000 ; that of Newfoundland, $3,250,000, to $162,000 ; and on the debt of Prince Edward Island, $2,021,425, to $101,071. Adding aU these sums together, we find that the amuial expenditure, in addition be it remembered to the bur dens which we now bear, -wUl be $6,237,920, representuig a capi tal of $124,758,400. The share of Canada in this annual expenditure -wUl 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 which Canada enters the union. The whole expen diture of the pro-vince, exclusive of interest on public debt, cost of legislation, militia, subsidy to ocean steamers, and collection of revenue, which wiU 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 .$1,666,666, 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 coupl? of hundred thousand dollars that the Upper Canadian members of the Govern ment propose that their section of the country 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 faU 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 Bruns-wick, Prince Edward Island and Newfoundland, but also -with British Columbia 240 CONFEDERATION. and Vancouver's Island. I must confess, Mr. Speaker," said the honourable member, " that it looks like a burlesque to speak, as a means of defence, of a scheme of confederation to unite the whole country extending from Ne-wfoundland to Vancouver'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 interoceanic 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 Grand 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 eventuaUy to form a legislative union of aU the Provinces. The local governments, in addition to the general government, -wUl 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 weU 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 -wiU be completely overwhelmed 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 -wUl not change theu- religious institu tions, their laws or theu- language for any consideration whatever. A mUHon of inhabitants may seem a small aff"air to the mind of a philosopher who sits do-wn to write out a constitution. He may think it would be better that there should be one religion, one language and one system of laws, and he goes to work to frame institutions that wiU 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 union of the British American Pro-vinces be attempted, there wUl be such an agitation in this portion of the Province as was never -witnessed before : you -will see the whole people of Lower Canada clinging together to resist, by aU legal and constitutional means, such an attempt at -wresting from them those institutions that they now enjoy. I think that the whole scheme, apart' from the con struction of the raUway, is worse than the railway scheme itself, and ought to be stUl more strongly opposed. It is a mere re-vival 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 Pro-vinces with a debt of .£133,000. Since the union, $12,000,000 have been expended for pubhc works in Lower Canada, -with perhaps another million for other small works ; in all $13,000,000. Twelve or thu-teen miUions of doUars' worth of pubhc works is all we are able to show for an increase of our debt from £133,000 at the time of the union, to $27,500,000, which, on going out of the union to enter into the confederation, is the Lower Canada proportion of the $62,500,000 of public debt we are bringing into it. I do not take into consideration the Municipal Loan Fund indebtedness, nor the Seignorial Tenure 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 $62,500,000. From 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 liabUity of Canada in the Confederation ; that the charge for the redemption of the Seignorial Tenure, the township indemnity junder the Seignorial Act of 1859, the interest on that indemnity, the liabihty of the Province to the Superior Education Fund, and the loss on the Lower Canada Municipal Loan Fund, amounting in all to about $4,500,000, -wUl 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 242 CONFEDERATION. 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 Mmiicipal 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 fuUest information necessary to enable us to come to right conclusions. We ought, besides, to have a clear statement of what are the liabUities 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, Brock-vUle, Niagara, and other municipalities, which have borrowed from the Municipal Loan Fimd, and what these HabUities are ; and it is important for Lower Canada to be told what are the amounts they will be required to ta.x themselves for. And we ought to obtain soriie kind of information upon the subject of the Intercolonial Railway — what is the proposed cost, and what route is to be followed ; and before these facts are before the House, we ought not to take it upon ourselves to legislate on the subject. Still further, the people pf 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 ? 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 ? Is a local government to say, here is a court with 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 regulation of the law of divorce ; but what was meant by the regulation of the marriage question? Is the General Government to be at Hberty to set aside all that we have been ui 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 siven, 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 general 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 theu- greater area of arable lands, there is no doubt they -vriU mcrease in population and wealth in a much greater ratio than the' Lower Pro-vinces ; and in ten years hence, this proportion, which this day appears a fair one, -will have much increased for Upper and Lower Canada, while it will have diminished for the Lower Pro-vinces." He maintained that we ought not to pass 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 20tli, INIr. Joly, sustaining Messrs. Holton and Dorion, expressed his want of confidence in all confederations, denouncing them for their instabUity and tendency to mtestine 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 weakness 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 mcident to the federal system, and we felt only its benefits ; that there 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 removed 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 civU divisions, Western, Central and Eastern, as Ulustrative of his position ; that at the mere idea of a legislature in whieh the French ele ment is to be in a majority in Lower Canada, the passions 244 CONFEDERATION. described by Lord Durham are e-vinced. "I do not believe," said he, "that the French Canadians wUl abuse the power of theii- 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 Hving long ui 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 CouncU : ' I believe the French Canadians -will do aU in then- power to render justice to their fellow-subjects of English origin ; and it should not be forgotten that, if the former are in a majority in Lower Canada, the English wUl 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.' But who is to decide whether any act of the French Canadians is reaUy an act of injustice ? The Federal Parliament in which the EngHsh 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 Parhament -wUl 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 destroy 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 separate schools, may give rise to difficulties, but I fear more for the relations of Upper Canada with the other pro-vinces, 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 opening up the immense territory of the North-West, and to the enlargement of its canals. The Atlantic Provmces desire the Intercolonial RaU way ; but they hold in dread the expenditure which would be en tailed by the openiag up of the North-West territory and the enlargement of the canals. Upper Canada already fears lest the CONFEDERATION. 245 Atlantic Pro-vinces should unite -with Lower Canada against her ; the French Canadians fear for their nationality, threatened by the English majority from the other pro^^nces, and yet Confederation only exists as a scheme. But when the different pro-vinces 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 prevaU, and when, from repetition of this undying strife, jealousy and ine-vitable hatred shaU have resulted, our sen timents towards the other pro-vinces 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 union 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 Pro-vinces with a covetous eye. They will follow up our political struggles closely, -will encourage the discon tented, and -win soon find an opportunity for interfering in our internal affairs, being called in by the weaker party. History is full of similar occurrences. The Government, kno-wing 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 ? It is perfectly clear that confederation -will largely increase our expendifnire. 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 mUlion and a half to meet her local expenditure ; -with what shall we meet our propor tion of the Federal expenditure, which wUl be far larger ? But I shaU now deal with the advantages which we are told must certainly result from confederation. They may be di-vided into three classes — pohtical, mUitary, and commercial. The 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 wUl 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 govemnient does not aff"ord strong guarantees for the maintenance of order and peace, and our credit wUl 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 -wUl also be an insurmountable obstacle to the estabHshment 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 mUitary oper ations — unity of headship. A commander-in-chief -wiU direct the defence of all our Provinces; he wiU forward troops, and, if he can, vessels of war, to the points most seriously threatened, and -will assist each Pro-vince 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 con-vinced that they are riskuig their Hves for something worth while ; that they al-e happier ui 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 position of the United States it is not difficult to make them understand that ; the taxes alone -with which the Americans are now crushed do-wn, 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 pomt of view. But if, m order to meet the extravagant expenture the Confederation must bring -with it, the people find themselves taxed beyond their resources, the case. -wUl be different. Deprive the French-Canadians of their nationality, and you deprive them of the enthusiasm which would have doubled then- strength. I concur -with the Government ui their desire to form more intimate commercial relations between the different Pro-vinces ; but it is as CONFEDERATION. 247 well to form a jiroper 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 we need for our present wants, in ballast, on board the numerous ships which come here fo£ 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 gro-wing wants, it will be neces sary to look somewhere for a supply of coal. If the Lower Pro vinces can fui-nish it to us at cheaper rates than we can get it in the United States, we shall buy it from them. Upper Canada -wUl probably get its coal from the Pennsylvania mines, which 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 waters sufficient not only to supply all its o-wn require ments, but to enable it to export largely from Gasp€ 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 we ourselves sell our flour to the Lower Pro-vinces ? 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 Pro-vinces -will buy their flour from the United States so long as they can obtain it at a lower 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 diS'erence in price. I do not believe that the Intercolonial Railway can be advantage ously employed for the transport of flour from Rivi&e du Loup to HaHfax. He contended that they could secure every one of •V. 248 CONFEDERATION. these commercial advantages -without the Confederation. What hindered them from having free trade -with the Gulf Provinces ? To sum up all in a few words," said he, "all the advantages are negative, that is to say, Confederation wUl do no harm to our interests, mUitary 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 wUl decide whether they are positive. I am asked : ' If you will have nothing to do -with Confederation, what wUl you have ?' I answer — we would remain as we are. That, I am told, is impos.sible, in our present position with respect to U^jper Canada. But are we really bordering on ci-vU strife 1 Of course it is representation based on population which is the exciting cause. Do the people of Upper Canada demand representation based on population as a condition sine qua non of the continuation of our peaceful relations with them ? 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 us 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 civU war as resembling a farce. These two reasons advanced by ministers are merely intended as a veil to conceal the true motive for this complete revolution in our constitution ; that true motive is simply a desire on their parts to remain in power. He then turned to the detaUs 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 do-wn. He then addressed himself especially to the French Canadian members, and asked them if proper steps were taken to protect the interests of Lower Canada, and sought to arouse their sectional fears by pomting out that the English of Lower Canada might join with the English of Upper Canada, and by means of their majority in the Federal Parliament im pose upon them measures objectionable to their interests as French CONFEDERATION. 249 Canadians. He objected to the proposed military system, and asked : — "why should we vest in the Federal Government the right of giving instruction in the mUitary art, and of arming the other pro-vinces at the expense of Lower Canada ? 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 part in the organiza tion, instruction and equipment of our militia which belongs to all local governments which form part of other confederacies. They offer to protect the French-Canadians ; but when, under the pre sent constitution, they can protect themselves, why should they abdicate the right of so doing? The French-Canadians, at the present day, are in a better position than they were 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 induce them to do so, the Hon. Minis ter of Agriculture tells them that this new form of government was recommended 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 EngHsh ; and to attain that end they rec6mmended the system of government now submitted for our approval." The honourable gentleman concluded liis address in a powerful ajDpeal to his fellow French-Canadians to preserve their nationality by resisting confederation. Mr. Joly was immediately followed by the Solicitor-General 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 empu-es and the general policy of nations, for it is no unimportant matter for the great nations who bear sway amono- mankind to know into what hands the Provinces of British North America may fall. On the present occasion the thousand voices of the press proclaim the interest which the question of con- 17 250 CONFEDERATION. federation excites both in America and in Europe itself, and how closely the governments observe our proceedings ; and this interest which they feel and proclaim is legitimate and natural, for the measure is destined to make us rank among the nations of the earth. It has been charged that the plan of a confederation was adopted and moved by the present administration, for the mere purpose of stifling the cry of 'representation by population.' Is it not most important that we should stop that cry for representa tion based on population, in our present condition. Representation by population would have left us Lower Canadians in an inferior position relatively to that of Upper Canada — would have conferred on the latter the pri-vUege of legislating for us, not only in general but in local matters. But the object of the confederation is not merely to do away -^th existing difficulties. It has become a necessity, because we have become sufficiently great ; because we have become strong, rich and powerful enough ; because our pro ducts are numerous enough, and considerable enough ; because our population has become large enough to allow of our aspiring to another position, and of our seeking to obtain an outlet through some seaport for our products. At the present day we stand m a' position of vassalage to the Uiuted States : -with respect to the exportation of our products to Europe, we are at their mercy. The plan of confederation of the two Canadas would only have settled one difficulty, and would have allowed others of the greatest importance to arise ; and among others, that respecting our com munication with the seaboard. That plan, for instance, would not have allowecl us to construct the Intercolonial Railway ; for it is almost impossible that so great an enterprise should succeed unless it is in the hands of a great central power, and if it is necessary to consult five or six governments before commencing it. But the question of the confederation of the two Canadas is not the only one which is presented as a means of escaping from our difficulties. Some propose that we should remain in the position in which we now are ; others -wish for annexation to the United States ; some would, perhaps, be in favour of. complete independence ; others would favour a confederation of the two Canadas ; and, lastly, the confederation of all the British Nortli American Provinces is pro- CONFEDERATION. 251 posed. Well, let us cursorily examine these various propositions. It may be that there are some members who are desirous that we should remain as we are. The honourable members for Hochelaga and Liottbini&-e (Messrs. Dorion and Joly) consider our position an excellent one, and so, in their speeches, they have told us. They consider that we are extremely prosperous,