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Canada under British Rule 1760-1900

Chapter 8 THE EVOLUTION OF CONFEDERATION (1789-1864).

Word Count: 7223    |    Released on: 01/12/2017

beginnings of

line of a scheme for uniting all the provinces of British North America "under one general direction." A quarter of a century later Chief Justice Sewell of Quebec, also a Loyalist, addressed a letter to the father of the present Queen, the Duke of Kent, in which he urged a fede

the Conservative party, and found its most eloquent exposition in the speech of the Honourable Joseph Howe, one of the fathers of responsible government. The result of the discussion was the unanimous adoption of a resolution-the first formally adopted by any provincial legislature-setting forth that "the union or confederation of the British

he ministerial policy, and received special mention in the speech of Sir Edmund Head, the governor-general, at the end of the session. The matter was brought to the attention of the imperial government on more

rimental to the progress of the province" that "this state of things is yearly becoming worse"; and that "the Canadian government are impressed with the necessity for seeking such a mode of dealing with these difficulties as may for ever remove them." In addition to this expression of opinion on the part of the representatives of the Conservative government of 1858, the Reformers of Upper Canada held a large and influential convention at Toronto in 1859, and adopted a resolution in which it was emphatically set forth, "that the best practicable remedy for the evils now encountered in the government of Canada is to be found in the formation of two or more local governments to which shall be committed the control of all matters of a local and sectional character, and some general authority charge

ority to the people of a province where such fierce and unjust attacks were systematically made on their language, religion, and institutions generally. With much justice they pressed the fact that at the commencement of, and for some years subsequent to, the union, the French Canadians were numerically in the majority, and yet had no larger representation in the assembly than the inhabit

ction of a federal system, applied either to Canada alone or to the whole of the British North American provinces." On the day when this report was presented, the Conservative government, known as the Taché-Macdonald ministry, suffered the fate of many previous governments for years, and it became necessary either to appeal at once to the people, or find some other practical solution of the political difficulties which prevented the formation of a stable government. Then it was that Mr. Brown rose above the level of mere party selfishness, and assumed the attitude of a statesman, animated by patriotic and noble impulses which must help us to forget the spirit of sectionalism and illiberality which so often animated him in his career of heated partisanship. Negotiati

egislature of Nova Scotia to carry out the proposition of his predecessor; and a conference was arranged at Charlottetown between delegates from the three provinces of Nova Scotia, New Brunswick, and Prince Edward Island By a happy forethought the government of Canada, immediately on hearing of this important conference, decided to send a delegation, composed of

e Quebec conv

other countries. Some were gifted with rare eloquence and power of argument. At no time, before or since, has the city of Quebec been visited by an assemblage of notables with so many high qualifications for the foundation of a nation. Descendants of the pioneers of French Canad

vantages which his race, of whose interests he was always an earnest exponent, derived from a condition of things which gave additional guarantees for the preservation of their special institutions. But there were in the convention other men of much greater political force, more deeply versed in constitutional knowledge, more capable of framing a plan of union than the esteemed and discreet president. Most prominent among these was Mr., afterwards Sir, John A. Macdonald, who had been for years one of the most conspicuous figures in Canadian politics, and had been able to win to a remarkable degree the confidence not only or the great majority of the French Canadians but also of a powerful minority in the western province where his able antagonist, Mr. Brown, until 1864 held the vantage ground by his persistency in urging its claims to greater weight

t only for the solution of the difficulties of his own party, but also for the consolidation of British American as well as imperial interests on the continent of North America From the hour when he became convinced of this fact he devoted his consummate ability not merely as a party leader, but as a statesman of broad national views, to the perfection of a measure which promised so much for the welf

like Papineau after the union of 1840, endeavoured to work out earnestly and honestly the principles of responsible government. While a true friend of his race, he was generous and fair in his relations with other nationalities, and understood the necessity of compromise and conciliation in a country of diverse races, needs, and interests. Sir John Macdonald appreciated at their full value his statesmanlike qualities, and succeeded in winning his sympathetic and faithful co-operation during the many years they acted together in opposition to the

rnment his speeches in favour of federation assumed a dignified style and a breadth of view which stand out in great contrast with his bitter arguments as leader o

elligent advocacy of railway construction and political union as measures essential to the material and political development of the provinces. His earnest and eloquent exposition of the necessity of union had no doubt much to do with creating a wide-spread public sentiment in its favour, and with preparing the way for the formation of the coalition government of 1864, on the bas

ted States in 1857 he advocated with much force a union of the provinces in the New Era, of which he was editor during its short existence. He was elected to parliament in 1858, and became a notable figure in Canadian politics on account of his eloquence and bonhomie. His most elaborate addresses had never the easy flow of Joseph Howe's speeches, but were laboured essays, showing too obviously the results of careful compilation in libraries, while brightened by touches of natural humour.

hich he displayed later as leader of the senate and as minister of the crown. Mr., afterwards Sir, Oliver Mowat, who had been a student of law in Sir John Macdonald's office at Kingston, brought to the discharge of the important positions he held in later times as minister, vice-chancellor, and premier of the province of Ontario, great legal learning, and admirable judgment. Mr., now Sir, Hector Langevin was considered a man of promise, likely to exercise in the future much influence among his countrymen. For some years after the establishment of the new

ss. Ever since he entered public life as an opponent of Mr. Howe, he has been a dominant force in the politics of Nova Scotia. While Conservative in name he entertained broad Liberal views which found expression in the improvement of the school system, at a very low ebb when he came into office, and in the readiness and energy with which he identified himself with the cause of the union of the provinces. Mr. Archibald was noted for his dignified demeanour, sound legal attainments, and clear plausible style of oratory,

el Leonard Tilley had been long engaged in public life and possessed admirable ability as an administrator. He had for years taken a deep interest in questions of intercolonial trade, railway intercourse and political union. He was a Reformer of pronoun

elegates from New Brunswick he was animated by a great love for British connection and institutions. Mr. Peter Mitchell was a Liberal, conspicuous for the energy he brought to the administration of public affairs, both in his own province and at a later time in the new Dominion as a minister of the crown. Mr. Edward Barron Chandler had long been a notable figure in

responsible government in the island, and long associated with the advocacy and passage of many progressive measures, including the improvement of the educational system. Mr. Edward Whelan was a journalist, an Irishman by birth, and endowed, like so many of his countrymen, with a natural gift of

of assembly, and by Mr. Ambrose Shea, also a distinguished politician of the great island. Both were knighte

onfederation

general government charged with matters of common interest to the whole country, and local governments for each of the Canadas, and for the provinces of Nova Scotia, New Brunswick, and Prince Edward Island, charged with the control of local matters in their respective sections" In another paragraph the resolutions declared that "in forming a constitution for a general government, the conference, with a view to the perpetuation of our connection with the mother-country, and the promotion

jurisdiction over matters of common interest to the whole country comprised in the union, and a number of provincial governments having the control and management of certain local matt

nt. The convention recognised the necessity of preventing, as far as possible, the difficulties that had arisen in the working of the constitution of the United States, where the residuary power of legislation is given to the people of the respective st

dmirable system of municipal government, which provided funds for education and local improvements, recognised the advantages of direct taxation; but the representatives of the other provinces would not consent to such a system, especially in the case of Nova Scotia, New Brunswick, and Prince Edward Island, where there were no municipal institutions, and the people depended almost exclusively on the annual votes of the legislature for the means to meet

litician, and grasped the magnitude of the questions involved. What he aimed at especially was to follow as closely as possible the fundamental principles of English parliamentary government, and to engraft them upon the general system of federal union. Mr. George Brown took a prominent part in the deliberations. His opinions read curiously now. He was in favour of having the lieutenant-governors appointed by the general government, and he was willing to give them an effective veto over provincial legislation. He advocated the election of a legislative chamber on a fixed day every third year, not subject to a dissolution during its term-also an adaptation o

bearing on the origin and evolution of the British North America Act of 1867; but despite all the ability and fidelity he has devoted to

control over provincial legislation in case the rights of a Protestant or a Roman Catholic minority are prejudicially affected. The minutes on this point are defective, but we have the original motion on the subject, and a note of Sir John Macdonald himself that it was passed, with the assent of all the provinces, at the subsequent London conference in 1867. The majority of the delegates appear from the outset to have supported strenuously the principle which lies at the basis of the confederation, that all

er a very full discussion of the merits of the scheme. The opposition in the assembly came chiefly from Mr. Antoine A. Dorion, Mr. Luther H. Holton, Mr. Dunkin, Mr. Lucius Seth

3. The minority in the assembly comprised 25 out of 65 representatives of French Canada, and only 8 out of the 65

ecial mandate from the people to carry out so vital a change in the political condition of the provinces, but this argument had relatively little weight in either house in view of the dominant public sentiment which, as it was obvious to the most superficial o

nterest in the proposed confederation. An understanding was reached with respect to the mutual obligations of the parent state and the dependency to provide for the defences of the country. Preliminary steps were taken in the direction of acquiring the north-west from the Hudson's Bay Company on equitable terms whenever th

Liberal politician-the first minister of marine in the first Dominion ministry-who had notoriously influenced the lieutenant-governor in his arbitrary action of practically dismissing the Smith cabinet. On an appeal to the people Mr. Mitchell was sustained, and the new legislature gave its approval to the union by a large majority. The opinion then generally prevailed in New Brunswick that a federation was essential to the security of the provinces, then threatened by the Fenians, and would strengthen the hands of the parent state on the American continent. In Nova Scotia the situation was aggravated by the fact that the opposition was led by Mr. Howe, who had always been the idol of a large party in the country, and an earnest and consistent supporter of the right of the people to be first consulted on every measure immediately affecting their interests. He succeeded in creating a powerful sentiment against the terms of the measure-especially the financial co

where the Queen's Own, a body of Toronto Volunteers, chiefly students and other young men, were badly handled by Colonel Booker. Subsequently Colonel Dennis and a small detachment of militia were surprised at Fort Erie by O'Neil. The knowledge that a large force of regulars and volunteers were marching against him under Colonel Peacock forced O'Neil and his men to disperse and find their way back to the United States, where a number were arrested by the orders of the Washington government. The Eastern Townships of Lower Canada were also invaded but the raiders retreated before a Canadian force with greater rapidity than they had shown in entering the province, and found themselves prisoners as soon as they crossed the frontier. Canada was kept in a state of anxiety for some months after these

lley, Johnson, Mitchell, Fisher, and R.D. Wilmot. The last named, who took the place of Mr. Steeves, was a Loyalist by descent, and afterwards became speaker of the senate and a lieutenant-governor of his native province. Their deliberations led to some changes in the financial provisions of the Quebec plan, made with the view of satisfying the opposition as far as possible in the maritime provinces but without disturbing the fundamental basis to which Canada had already pledged itself in the legislative session of 1865. All the difficulties being now removed the Earl of Carnarvon, then secretary of state for the colonies, submitted to the house of lords on the 17th of February, 1867, a bill intituled, "An act for the union of

e coast of the maritime provinces-a work recognised as indispensable to the success of the new federation. Her Majesty's proclamation, giving effect to the Union Act, was issued on the

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