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S
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4
THE
USIOS OF THE PROVINCES
OF
BRITISH NORTH AMERICA.
itv
THE MONORABLE JOSEPH CAUCHON,
MEMBER OV THE CANADIAN PAHMAMENT, AiN'I) EDITOU-lX-f'Ullil' OF
" I.E JOURNAL UU QUEBEC."
TRANSLATED BY
GEORGE HENRY MACAULAY.
QUEUKC:
PRINTED Hi' IIUNTEU, ROHE & CO.,. ST. IJRSULE ^T.
18GD.
f
287172
i
i
i
i
CONTENTS
Chapter. Page.
Preface v
I. — Introductiou 1
II. — The Coalition and the Conference 6
IIL—The Issue 13
IV. — The Canadian Union 15
V. — Changes in our Constitution 18
VI. — The Canadian Union and the Future 22
VII. — Necessity for Union of all the Prov:aces 28
VIII. — Federal or Legislative Union 34
IX. — Protection to Peculiar Institutions 39
X.— The Solution of the Problem 4(>
XI. — Sovereignty 51
XII. — The Federal Legislative Council 57^
XIII. — Property Qualification GG
XIV. — Legislative Councillors 68
XV. — Representation by Population 72
XVI — Re-adjustment of Representation 75
XVII. — Proportion of Decrease in Representation 79
XVIII. — Division of Provinces for Representation 83
XIX. — Increase of Representation 84
XX. — Parliaments and their Privileges, &c S7
XXI. — Attributes of General Government 89
XXII.— Divorce 94
XXIIL— Marriage 96
XXIV.— Criminal Law.. 99
XXV.— Federal Court of Appeals 102
XXVI.— Uniformity of Civil Law 108
XXVII. — Emigration and Agriculture...., 109
IV
CONTENTS.
ClIAPTRB. PAQE
XXYIII. — Appointment and Salaries of Judges 112
XXIX. — Lieutenant Governors 114
XXX. — Local Lcf^islatures 117
XXXI.— Education 119
XXXII. — Right of Pardon and Ileprieve 125
XXXIIL— Conflict of Laws 127
XXXIV. — I'rench and English Languages 120
XXXV. — Money and other Vilh, and Right of A'^cto 130
XXXVI. — Mines and Minerals, ko., &g 134
XXXVII.— Finance 140
XXXVIIL-The Tariff 148
XXXIX.— The Intercolonial Railway 151
X L. — Conclusion 154
I
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112
114
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• • • •
117
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'A
1
• • ■ ■
119
.... 125
n
. .••
127
120
0...
130
134
* • ••
• • • •
.... 140
148
151
154
■■:»
'I
i
PREFACE.
A WORK entitled L' Union de V Amerique Britannique chi Nord,
jxir rilon. Josrph Cauchou, Mcmbre du Parlcment ('anadien,
et liedactenr-oichi'/ du ' Journal dc Qn^hrc," has recently made its
appcavunoc. Tlif well known abilities of the author, as a legisla-
tor and as a journalist, and his long acquaintance Avith public
affairs, together with the iniportaiice of the subject, Lavo been the
motives which have induced mo to translate this work, for the bene-
fit of those who may not be versed in the French language. The sub-
ject of a Union of the British North American Provinces is treated, in
all its bearings, from a French Canadian point of view, having refer,
ence, not only to the continuance of British connection, but to the
preservation of those peculiar institutions of Lower Canada em-
braced in tlie words, * N^os inxtUntiona, notre laiu/ue, et nos
lois.' There is, however, no nan'ow-mindedness of thought or
expression. The advantages to all the provinces, politically and
commercially, arc clearly shewn, and, while facts and figures are
interesting, the writing is vigorous and convincing. The trans-
lator feels assured that the labor of translation will not have been
altogether lost upon the thinking and intelligent po^'tion of the
English-speaking population of the province. Tie lays it before
them, convinced that Mr. Cauchon's views will be appreciated, and
his stylo of conveying ideas generally admired.
(;. II. MACAULAY,
Translator.
Qdebec, U)lh Frhrtinri/, 18CB.
A^
delej
THE JNEW CONSTITUTIOIN
AND TUB
QUKBEC CONFERENCE
-♦-•fc-
CHAPTER I.
AT the present moment, after having seriously studied the pro-
ject of Confederation (which we had the good Ibrtune to lay
for the first time before the country), from every point of view, and
estimating all probable results, as well as we have been enabled to
appreciate them, and after an attentive hearing of the intercolonial
delegates in their explanations of the motives by which they were
actuated, and the meaning of the several articles of the project as
so submitted, we confess that we still approach this subject with
trepidation. The question of Confederatioa is undoubtedly the
most important which has ever been brought before the statesmen
and journalists of Canada. Who would not feel really anxious
when the responsibility of grappling with such a question is to be
undertaken? That which is going on at the present moment
before our eyes is neither more nor less than a revolution, a blood-
less one, if you will, but as complete a revolution in ideas and
things as if we had reached it by the spilling of blood ; it is the
transformation, nay, the very transmutation of our political and
social institutions. The elements are the same, or nearly the same
it is true, but they are under new relations, and with new condi-
B
'1
2
THE NEW CONSTITUTION.
tioua of equilibrium. A uew association is to be formed, on a new
basis, and with new principles of vitality. A larp;e association will
be created out of small communities wliicli have hitherto been
isolated, separated from each other, as it were, by diflferences of
lanriuugc, habits and the very nature of peculiar institutions. For
divers reasons, an attempt is made to bring these into a group,
with the view of forming a nation. The question is therefore a
grave one, if ever we had oiic to consider, and imperiously demands
patriotism, study and serious consideration. In 1840, after the
temporary suspension of the Act of 1791, England granted to us a
new constitution. The anguish and painful apprehensions of our
population at that memorable period will long be remembered.
But at that time we French Canadians had no deliberative voice
in the councils of the sovereign, and coDsequeutly wo were per-
fectly free from responsibility with regard to this act, which was
conceived in injustice; under any circumstance, however, we
could only be considered responsible to a certain extent, in so much
as historical antecedents had brought us to that issue. At the
present day matters are completely chaugcd. Not only are wc
possessed of a deliberative voice, but Great Britain grants to us
(the parties interested) full and complete liberty to construct,
demolish or reconstruct our system of government. This power,
which is almost unlimited, has imposed upon us corresponding
duties and responsibilities, and we are thus bound to speak and
act with prudence, wisdom and calculation. In the midst of our
debates and internal discussions for the upper hand, let us not
forget that there exists the responsibility of condemning as well as
that of approving, and that the man, who, with the desire to op-
pose the project, might judge from his particular party point of
view, is as liable to condemnation as another who might start from
the same stand point to approve of the project. The writings of
the press should become refined by duty, responsibility and the
gravity of public affairs. The press should control party spirit,
and should freely soar above all favoritism as well as personal
antipathy, because, while political men and parties may perish, the
nation will remain with the destiny which we have created for it,
♦j
QUEBEC CON EPEXCE.
d, ou a new
iciation will
lierto been
Bferences of
itions. For
to a group,
therefore a
dy demands
), after the
ntcd to us a
sions of our
emembered.
rative voice
0 were per-
;, which was
however, we
,, in so much
ue. At the
only are we
grants to us
;o construct,
This power,
orrespouding
to speak and
midst of our
1, let us not
ng as well as
desire to op-
»arty point of
bt start from
le writings of
ility and tlie
party spirit,
as personal
ly perish, the
created for it,
■/I
t
i
1
and our names will be judged by posterity, gratefully or malevo-
lently, according to the effect of our present acts. "We must not
forget, that while the history of the country at this period is
created by us, we do not record that history, and therefin-e we
should be wrong were we to depart from those principles of wisdom,
truth and justice, which constitute the happiness of a nation, to
satisfy any strong predilection, to gratify a feeling of hatred, or to
obtain a temporary triumph. Let us reflect for a moment on the
immense progress towards political liberty which we have accom-
plished between the years 1840 and 18G4. Have we not obt;iiucd
a signal victory over the despotism and oligarchy of the former
date, which had given rise, a short time previous, to the blocdy
and disastrous events that seemed, at that time, to reserve for us
another fate? How docs it happen then, that we have thus
transformed those ancient instruments of punishment and servi-
tude into a vital political principle ? We answer, by our wisdom,
our moderation, the justice and generosity of our principles ! "Wo
have, therefore, every reason to return thanks to Providence for the
past, and should not despair of the future, because, if we ever have
had a period in our history calculated to discourage us, it must
certainly have been that during which irritated and uncontrollable
feelings were the means of raising scaffolds and of immolating
victims, and when despotism, with the intention of oppressing,
established an equality of representation with a numerical in-
equality.
We alluded in a former part of this article to our fears — they
are not of modern date. On the 2nd of July last, we wrote with
views which could scarcely be misunderstood : —
' From the commencement of the last ministerial crisis, two
' thunderbolts have fallen on our political planet, and their fulmi-
* nating effect is still felt in the most remote regions of some con-
' sciences ! The men who possess these consciences are in doubt,
' hesitate and ask for light, when perfect obscurity reigns. They
' are in ignorance at this moment of the probable result of such
' conduct, and they do not know whether the dark and rugged
' path which they now follow, will lead them to an abyss or to
THE NEW CONSTITUTION.
' success. Are these violent shocks merely the precursors of
' greater commotions, or will the atmosphere be thereby purified
' and cleared up ? This is in reality the question now predomi-
'nant in every man's mind. * * * * * *
' Political alliances may be severed without any danger, but
' constitutions are not destroyed as easily and with such impunity,
' aud God knows what may be reserved for us in the future,
< in the shape of happiness or ruin.'
Before going any further, not with a view of recrimination, but
simply to write historically, and trace out the course which we
propose to follow, let us pass rapidly in review the events which
brought on the Quebec Confnrence. We shall merely recapitulate
what we have written during the past few months.
In 1858, when the IMaodonald-Carticr Administration resigned
on the Scat of Government question, Mr. Brown was called upon
by His Excellency to construct a Cabinet, which lasted as it is well
known only two days, but which lasted long enough to sow the
seeds of misfortune in the political soil in existence at that period.
Hon. A. A. l)orion actually admitted to Hon. Geo. Brown the
correctness of the principle of llcpresentation by Population I At
the present stage wo shall certainly not attribute any personal
motive to Mr. Dorion in this unfortunate concession, and we shall
be satisfied with a quotation from his own words duly published.
In the Legislative Assembly, on the Gth day of July, 1858, he
spoke as follows : —
' The hon. member for Brockville, the Postmaster General
* and the Speaker, and other members representing Kastorn con-
* stituencies in the present ParMamcut, had heretofore voted ia
' favor of llcpresentation by Population, — it would be seen how
'they voted when on the su]>jcct ou the present occasion. It would
' soon be impossible to resist the claim of Upper Canada in this
'respect, and if it were not conceded at once, it would bo carried
' without any safeguards being given to protect the French
' Canadians. A dissolution of the Union, a Federal Union,
' and llcpresentation by Population are before us, and we should see
■ecursors of
by purified
VT prcdomi-
danger, but
h impunity,
the future,
ination, but
which we
cuts which
recapitulate
iou resigned
called upon
as it is well
to sow the
; that period.
Brown the
ilation I At
my personal
md we shall
r published.
1, 1858, he
;tcr General
ilastern cou-
ire voted in
c seen how
m. Tt would
adiv in this
J bo carried
the French
eral Union,
?c should see
QUEBEC CONFERENCE. 5
* if it could not be granted, surrounded by proper safeguards for the
'protection of the religion, language, and laws of Lower Canada.'
He spoke again on the 3rd May, 18G0, to flie following effect : —
* I warn the members representing Lower Canada, that when
' the time comes, the whole of the Upper Canada members will
' unite, and with the assistance of the Eastern Township members,
' will obtain Representation by Population. I look upon the Federal
' Union of Upper and Lower Canada as the nucleus of a grand
* Confederation of the British North American Provinces which I
* strongly desire to see. In conclusion, I must state that I shall
' vote for the resolution, as it is the only way by which the diffi-
' cultics existincr between the two sections of the Province can be
' settled. I believe that time will accomplish a union of all the
' Provinces.'
The defeat of the Brown-Dorion Cabinet was the means of
bringing into power Hon. A. T. Gait, who, in 1857, had made a
speech in favor of the Confederation of the Provinces. In order
to obtain the services of this eminent financier, it was found neces-
sary to make concessions which would have the effect of saving
his antecedents and his personal dignity. To this circumstance
must bo attributed the Dispatch of 1858, which served as the basis
of the formation of Mr. Brown's Constitutional Committee, and,
as it were, of the f^cueration of the Tache-Macdouald Cabinet.
To this dispatch the Imperial Government made no reply ; but the
germ of Confederation was cast upon the soil by the same hand,
side by side with that of llepresentation based upon population.
Both germs were developed in that sanin soil with different uliances
of success, until the former, favored by causes whicli cannot be
detailed in this article, at length stifled or choked tlie latter with
its moro vigorous stems. Thus, Mr. Dorion became the father
of Confederation, as he had already been the parent of Ec-
presentatiun by Population. History has already recorded this
ftxct, and will again record it. If wo measure the ground gone
over .since 1851, it will bo found that the Lower Canadian majority
has nobly performed its duty. We can find no precedent for a
moro bitter contest between the partisans anil adversaries of a cause.
b2
6
THE NEW CONSTITUTION.
In order to bring us to our senses, threats and terrorism were freely
used. Civil war, foreign invasion, and England's interference
were thrown down to ua with the gauntlet. We were divided
among ourselves, tearing each other to pieces as enemies, and the
relics of strength remaining with us were not homogeneous,
whether taken on thegrourd of origin, language, manners, religion,
sentiment, or interest. And, with all these disadvantages, all these
formidable obstacles arrayed against us, we liave, up to the present
date held our own against every storm — we have, in fact, lulled the
impending tempest. How heavy thei\ must be the responsibility
which rests on the heads of those whc, with some motive (which
we do not desire to impugn in the examination of such a serious
and uncertain question), have divided, to a certain extent, our na-
tional phalanx and have brought us to our present position ? How
can we appreciate the danger in store for us? It is by concluding
that it is not caused by the opposition or antagonism of Upper
Canada, but solely by our own internal dissensions, and by that
unfortunate party spirit, which causes us to forget the gravest and
holiest matters, in our regard for persons.
(lIjc Coalilioii anb llje Conftrciut.
CirAPTEK II.
Tljl'] have now reached the decisive period. — The TuclusMac-
»* d )nald cabinet, which had scarcely been in existence for six
weeks, was defeated on the 14th diiy of June, under circumstances
well known to the country, and the following day the cabinet re-
spectfully asked the Governor General to dissolve Parliament and
to appeal to the constituencies.
Hon. J. A. Macdonald (leader of the Upper Canada section of
the Government) explained in the following words the position in
which the Cabinet \, : i placed by tl o vote of the 14lh, and the
' course,
Mi
'will, th
Uill Mo
* loadinj
* with w
! Since
©courrcc
three si
QUEBEC CONFERENCE.
n were freely
interference
were divided
tnies, and the
lomogeneous,
acr!*, religion,
igcs, all tliese
;o the present
act, lulled the
responsibility
aotive (wliich
such a serious
xtent, our na-
iition ? How
ay concluding
ism of Upper
, and by that
le gravest and
ce.
ic Tacho-Mac-
dstencc lor six
; circumstances
ho cabinet re-
'arl lament and
nada section of
the position in
c 14th, and the
result of the advice given to Lord Monck by the Ministers of the
Crown : —
' And, considering the state of parties in this House, the equality
in numbers of those who support and those who are opposed to
the Government, and the great improbability of our being able
to form, out of the present House, a Government that would com-
mand a majority, they thought it their duty to advise that there
should be an appeal to the people ; and that, after the necessary
business was gone through, there should be a dissolution. His
Excellency gave his assent, this morning, to this, stating that he
has accepted the advice, and has authorized us to dissolve — has
given us the carte hlanche in that respect. The Government have
had, from the time of that vote till this moment before them, the
consideration of the very grave questions that divide parties in this
country, and the expediency, if possible, of avoiding the extreme
measure of proceeding to a dissolution. (Hear, hear.) And with
that view, for the purpose of seeing whether there is any means
of solvir^g the diflSicultics which have arisen in the country, espe-
cially those between Upper anu Lower Canada, we considered it
our duty to confer with leading members of the Opposition, to-
day, to see if we could not agree on some plan by which a Gov-
ernment could be formed, possessing a majority from both sections
of the Province. We were not in a position to do so before
to-day. We have had that conference with hon. gentlemen on
the Opposition side, and have made such progress that I see the
way to a solution of the difficulties without the necessity of a dis-
solution of Parliament. (Hoar, hear, and cheers.) This, of
course, is a very grave step. The ccnsideraiions are very grave
in themselves, and require careful deliberation ; and the House
will, therefore, not be surprised that I should ask them to adjourn
till Monday, in order that there may bo a full conference between
loading parties on both sides. I may say that the hon. gentleman
with whom 1 conferred is the hon. member for South Oxford.'
Since the defeat of the (>artier-]Macdonald administration, which
occurred in the spring of 18G2, wo have witnessed the defeat of
three successive administrations witliout promising to their sue-
■'.?
i
8
THE NEW CONSTITUTION.
cessors a ha;^picr lot. These were the Sanficld Macdonald-Sicotte,
the Sanfield Macdonald-Dorion, and the John A. Macdonald-Tacb^
administrations. After a general election, tlie strength of both
parties appeared to be equal. The majority (consisting of one or
two votes), which seemed to alternate between the right and left
sides of the House, decidedly paralysed the efforts of the Govern-
ment, and rendered legislation impracticable.
The system was, to raise public men for a day to the level of
Ministers, and the next day to hurl them from power, on the prin-
ciple adopted by the Romr.ns when the empire was in the decline.
The natural result was, the advent of a fiital period, at which tho
whole governmental system was brought to a stand-still.
The attempt made by Sir ELonnc Paschal Tachc to obtain
assistance among the Members forming the Upper Canadian ma-
jority, had failed ; and no alternative was left but a second di.^so-
lution within ten months of the first. This, it was contendct;>
might accomplish the destruction of that d-jplorable equilibrium
which existed in the relative strength of both parties.
If that extreme measure had been resorted to, could it have
succeeded ? Wc are in doubt on this poiut. Tt might certainly
have been anticipated that the numerical strength of the Liberal-
Conservative party in Lower Canada would have been increased,
but it is by no means certain that a proportionate diminution
might not have been the result in the upper section of the Prov-
ince, and it is quite probable that subsequent to such an election,
wc might have witnessed the sad spectacle of one section of the
Province arrayed in deadly strife against the other !
lu any case it so happened that the chiels of both parties were
fearful of the result, and after several adjournments and lengthy
consultations, they arrived at the conclusion which is well known
to us all.
On tho 18th June, ISGi, wc offered tho following opinion : —
' This coalition, (and at that time it was nothing more tlum a
' coalition) is preferable to an election; provided that the moral
' character of our public men does not suffer, and that the conli-
' deuce of tho people in our statesmen be not thereby shaken.
"* In fact, if the political crisis botwecu tho two sections of the
Since
of prov(
from ap
any lonj
our con
it not b
opinion.'
pared !
QUEBEC CONFERENCE.
9"
lonald-Sicotte,
cdonald-Tach^
ength of both
ting of one or
right and left
)f the Govcrn-
0 the level of
ir, on the prin-
in the decline,
, at which the
3till.
che to obtain
r Canadian nia-
1 second disso-
was contended}
ble equilibrium
les.
, could it have
might certainly
of the Liberal-
been increased,
lite diminution
on of the Prov-
ich an election,
e section of the
!
)th parties were
its and lengthy
1 is well known
g opinion : —
ng more than a
that the moral
il that the conli-
hereby shaken.
I sections of the
' Province had reached that grave position, in which a duty may
' be imposed upon the representatives of the people to appease
' the storm, and in so doing to procure the silence of personal and
' antipathetic opinions, it would be much better that the doctrine
' should prevail : Sahcs pojmli siiprema lex. This, at least, is the
' opinion of Hon. George Brown, the eonst;.nt enemy of Lower
' Canada, to whose principles we have offered every opposition, on
' the ground, it is well known, that he exhibited hatred, antipathy
' and prejudices against us, while above all, he labored to subject
* Lower Canada to Upper Canada influence.
*******
^ ' Whatever may have been the motives and the causes of this
' singular reconciliation, and although we could scarcely have en-
' tered into such an arrangement oursalves without fear, we frank-
' ly and cordially state our intention to await the moment when
' our friends shall have been tried, before condemning them, and
* our sympathies arc with them, because we appreciate their pat-
' riotism and we know that their task is a difficult one. At any
* rate, let us await the development of negociations in order to
* judge them with more certainty.'
And we concluded our article in the following words : —
' We write freely on the present occasion, because, nothing \n
' this strange chaos of events and personal positions, can affect us
* individually.
' Should the result be favorable, we will certainly congratulate
' our friends seriously and cordially ; should the reverse be the
* result, we will give them our feeble assistance to ward off any
* danger that may ensue.'
Since that date wo have conscientiously kept our word, in spite
of provocation. Wo have abstained from condemning, as well as
from approving, without being well informed.' AVo cannot wait
any longer. In the matter of Confederation our antecedents and
our convictions, as enunciated in 1858, arc still in existence. Let
it not be supposed that wo arc desirous of consigning to oblivion
opinions which were conscientiously offered and carefully pre-
pared I On the contrary, we desire to have them remembered, io
10
THE NEW CONSTITUTION.
order that by a comparison of reasoning and circumstances, it may
be found why we have modified those opinions, if we have modi-
fied them, and why wc still maintain their correctness should we
think proper to do so. We hold to our own dignity as journalists,
against which no accusation of personal interest can be brought ;
but, as error is possible and really of frequent occurrence in every
case, such a feeling of personal dignity would be absurd if placed
as an obstacle to a discovery of the truth.
The greatest minds have often paid the penalty of weakness, and
as infallibility is far from being an essential element of the human
intellect, it would certainly be a lack of dignity and probity should
we persist in error, fearing that by so doing we should be guilty of
contradiction and avow our fallibility. If we write thus, it is not
because we desire in any manner to abandon profound and sincere
convictions without due examination; on the contrary, we continue
to hold thes'^ convictions until proof of error be adduced. How-
ever, when we are asked to reconsider a question of such gravity
as that of Confederation, would wc be justified in answering with
the Indian, ' I have said it.'
Six years ago we wrote on hypotheses, but at the present mo-
ment we arc comp^ 'cd to give our opinion on a reality, and that,
under circumstances by far more serious. At that time we could
have been silent, now, duty compels ns to speak.
In 1858, as wc theii stated, ' We had no tangible fact before
' us, no matured project which could serve as a basis for discus-
' sion, and we were inevitably compelled to form our opinions from
* hypotheses.' In a consideration of these hypotheses, we reached
the number of twenty-seven, including the Union as a unit, also a
Federal Union.
We imagined that ' the whole question was considered in those
* twenty-seven hypotheses, and that the solution of the problem
' could be found in them.' JJut, after the labors of Mr. IJrown's
Constitutional Committee, after stuJy, experience, thought, and
finally, after a perusal of the Resolutions of the Quebec Conference,
we came to the conclusion that our twenty-seven hypotheses of
1858 did not by any means contain the only practicable constitu-
tional fo
we, theri
guilty oi
error we
our guid
we comu
tion, be(
marks wl
therefore
demn sui
'your ju(
•ated so p
cause the
establish(
public mi
must giv<
not be c
The docti
ated by J
absurd, a
public la
nations tl
Moreovei
particula
nature, b
mcnt is t
We sh
* Provinc
* notliln;
' desired
Now, th
disprove
the publ
Canaila,
proved
proportic
QUEBEC CONFERENCE.
11
tances, it may
(ve have modi-
ess should we
as journalists,
1 be brought ;
rence in every
isurd if placed
■ weakness, and
b of the human
probity should
aid be guilty of
I thus, it is noc
md and sincere
ry, we continue
Iduced. IIow-
of such gravity
answering with
the present mo-
eality, and that,
t time we could
ible fact before
basis for discus-
iir opinions from
3SCS, we reached
as a unit, also u
isidered in thoso
\ of the problem
of Mr. ]Jrown's
•0, thought, and
,ebeo Conference,
n hypotheses of
cticable constitu-
tional forms of Government suitable for Confederation, Should
we, therefore, in the face of such an important error, fearing to be
guilty of contradiction in our opinions, stubbornly persist in the
error we had committed? At the present moment, we possess for
our guidance, a project which is tan'ziblo and available, and should
we commit any errors, they can ooly occur in our style of apprecia-
tion, because the details of the prf^^^ct are designated by land
marks which cannot mislead v." '^r' ur examination. Were we not,
therefore, justified in warning those who seemed inclined to con-
demn summarily ? ' Do not pronounce your opinion now. Reserve
'your judgment! ' Among the priaciples which we then enunsi-
•ated so positively, there are some that now fall to the ground be-
cause they do not agree with facts of the present day, and we
established rules which would have had the effect of renderiog our
public men too unyielding and narrow-minded. Other principles
must give way before imperious circumstances, and they should
not be considered absolute but subject to those circumstances.
The doctrine of ' pensse la j^atrie j^liddt qu\ui prlncIpe,'' enunci-
ated by Ijps Girondins when they ascended the scaffold, is simply
absurd, and in direct opposition to the fundamental principle of
public law, * Salus jwjndi suprema lex.' In the government of
nations the destructive principle is neither understood nor practised.
Moreover, there are other principles which do not hail from any
particular date, but which arc inflexible and immutable in their
nature, because they ar*^ based upon facts, and their essential ele-
ment is that of truth.
We shall now explain. We stated, in 1858, " That the Maritime
* Provinces had raised the cry of (Confederation, because they had
* nothing to lose, were utterly valueless as allies, and that they
' desired to make up their budgets out of the revenue of Canada.'
Now, the bases of the Coalition formed in Juno last, distinctly
disprove our assertion of 1858, and it is a fjiot well known to
the public, that the cry of Confederation lias been lirst raised by
Canada, and not by t!ie Maritime I'rovincos. It has also been
proved that the fiuaiicial resources ot those l^rovinces arc, m
proportion to the respective figures of population of all the Pro-
12
THE NEW CONSTITUTION.
vinces of the proposed Confederution, at least in as healthy a
condition as ours.
W« stated also, in 1858 : * By the adoption of the Federal
' principle, the provinces, both small and large, will have equal
■' weight or power in the General Federal Legislature, in fact the
^ population of the small Island of Prince Edward will be equivalent
■^ in power to the one million two hundred and fifty thousand
' inhabitants of Lower Canada.'
In the project of Confederation which we are now examining,
three of these provinces are grouped as it were into one, and these
three together, in the Upper Chamber will only have (as thus
united^ the same number of members as Lower Canada. The
small Island of Prince J'^dward will have only four members out of
the twenty-four representing the group. We also vstated, in I808,
' That direct taxation by the local legislatures would become
' actually necessary, bhould Federation be accomplished under
* Colonial rule.' Now, the project is clearly against this pere^np-
tory condition, inasmuch as it net only permits the local legisla-
tures to raise the revenue required for local purposes, without
having recourse to direct taxation ; but it also grants a lonus to
these legislatures which will enable them to liquidate their unim-
portant debts within a stated -time, and to accomplish those public
improvements which, although subject to being termed local, are
nevertheless the source and essential principle of our national
prosperity. Thus, if in spite of our antipathy in regard of any
system of Conlederation, the plan now proposed has been imposed
upon us by the force of circumstances; if for instance, wc were
offered the choice of annexation to the United States, and a Con-
federation of the Provinces ; or even between the latter and
Representation by Population in a union purely Federal with
Upper Canada ; if in I'uct this Confederation were proved to be
necessary for our common iirotection, and had wc the power to do
so, we could not remain in an isolated position. Why, therefore,
should we be held to stand inflexibly or uncompromisingly lo an
opinion formed years ago upon hypotheses aad published under
circumstances entirely different.
I
QUEBEC CONFERENCE.
IS
IS healthy a
■ the Federal
11 have equal
, in fact the
be equivalent
fty thousand
w examining;,
nc, and these
:ave (as thus
Janada. The ,
embers out of
ited, in 18fi8,
rould become
plished under
t this peremp-
local Icgisla-
poses, without
nts a bonus to
te their unini-
li those public
mod local, are
* our national
regard of anj
been imposed
ance, we were
cs, and a Con-
he latter and
Federal with
proved to be
le power to do
l>y, therefore,
misingly to an
iblished under
With regard to the third category, that of absolute principles,
we need not enter into proof, it explains itself. Wo shall find a
laro^e number of such principles in the course of the work we have
undertaken.
I
CIIArTER III.
X our opinion, the question at issue may be divided into the
following propositions : —
1st. By accepting, iu an alliance with Hon. George Brown, a
Confederation — whether, of all the British North American
Provinces, or of both sections of the Province of Canada : were
the ministers of this Province actuated by a sense of duty, or by a
sole desire to remain in power ?
2nd. Could the existing Union between Upper and Lower
Canada have been maintained under the present system ?
Snl. If not, had we reached the propitious moment at which
our Constitution should be amended in order to establish it on a
new basis ?
4//t. Admitting that it were possible to maintain the existing
union intact, should we persist in so maintaining it, or should wo
seek a greater destiny in a different order of things ?
6th. If the moment had arrived at which it became proper to
amend our Constitution, have our statesmen who have undertaken
this important work solved the difficulties presented by the question
in the best possible manner under the circumstances ?
^
When the Government annonnccd that they had communicated
with Mr. Brown, and when later, they informed the House that an
alliance had been formed with him on the basis of Confederation,
we certainly feared and hesitated, and we reserved our judgment.
14
THE NE\V CONSTITUTION.
After liaviug described all the difficult circumstances in AvhicU
the Cabiuet was placed, uad all the motives ^7hicll could justify
them iu a reconciliation with an old enemy under the conditions
proposed, we added, ' Certainly, in the position occupied by our
' political friends, we should have feared such a test.' But, it was
not from want of confidence in those political friends, it was doubt
of the result of the test to which they were subjecting themselves ;
because, we stated in our article of 2nd July, in writing which
wc laboured under the same painfu^ impression : —
' The Cabiuet, after several interviews with Mr. Brown, has agreed
' to submit to Parliament a Constitutional project which will bo
' based on State reasons, as regards the composition of the Federal
* Parliament. " L'Etat en haul, le • nomhrc en Bas." — "The State
' at the head, the people under it."
' This complex system, which the Government do not yet com-
' prebend better than we do as regards general land marks and
' essential details, the relative positions of the several Legislatures,
' and, in a word, everything that may eifect in any manner our
'social or political position; this project, (which may fairly be
* so called), will be carefully, prudently, and patriotically prepared
' for the interests of all, and will then be submitted to the
' most rigorous test of discuLision both in Parliament and in the
' p-C!-:s.'
Our language would have been very dift'ereut, had wc not been
confident that our public men were patriotic and disinterested,
because, in addition to our fears, our antecedents on this question
were entirely opposed to this new idea which had suddenly been
created by a political crisis. Nevertheless, as we have already
stated frequently, this faith in our public men conld only with us
be delayed until they had undergone a fair test, because, as regards
this test, we had reserved the privilege of forming our opinion
upon the merits with perfect indopcudance without looking to
right or left, above or below us.
W'
QUEBEC CONFERENCE.
15
in which
uld justify
conditions
d by our
But, it was
; was doubt
lemsolves ;
;iug which
, has agreed
h will bo
the Federal
"The State
t yet corn-
marks and
egislatures,
manner our
ay fairly be
lly prepared
;ted to the
and in the
re not been
Lsinterested,
lis question
denly been
ive already
)uly with us
2, as regards
)ur opinion
looking to
CHAPTER IV.
' Could the existing Union between Upper and Lower Canada have been
maintained under the present system ?'
WERE we to accept Hon. A. A. Dorion's opinion, we could easily
answer in the negative. But, as we have always energeti*
cally protested against any change, and that, as it were from
superstitious fear, as we had always driven the idea from our mind ;
when we are now called upon to look that proposed change fairly
in the face, we are compelled to glance calmly and carefully around
us to seek the solution which we require. "We opposed constitu-
tional changes when offered to us by Lower Canadians, under the
guise of Representation by Population, in 1848 ; we resisted them
through annexation, when offered to us by Republicans and bank-
rupt merchants, in 1849 ; we opposed them when offered to us by
the Radicals of Upper Canada in 1851 and 1854 ; we refused them
in 1857, at the hands of Uon. 3Ir. Gait, our present Finance Min-
ister; we rejected them with indignation, in 1858, when Messrs.
Brown and Dorion wished to impose Representation by Population
on Lower Canada ; and we refused them with the same disdain
when offered to us by the same men in 1859, '60, '01, '02 and '63.
We then said to the Upper Canadians, in the powerful words of
Shakespeare, ' To be or not to be ?' For us it is a question of
life or death ! You say, ' You ahall not he ;' we reply, ' We shall
be!' We desire to be inoffensive, just, tolerant and generous, but
our existence must be maintained ! Do not ask ns for Represcnta-
tion by Population, because it is our death-knell, and wo wish to
live ; or, in other words, we arc not prepared for political extinction I
When we spoke thus, we were united in a solid phalanx, with
weil closed ranks. Back to back with the members of Endish
origin representing counties in Lower Canada, we had to protect
us, on all sides, powerful auxiliaries in Upper Canada. As for
Lower Canada, it was a struggle for life or death, and in Upper
16
THE NEW CONSTITUTION.
Canada a struggle in which party for'-ng was the motor. While
the Lower Canadian phalanx remained intact, that of our Upper
Canada friends gradually diminished in number, while working for
our interests, under the accusation that they were working for
interests which were opposed to those of Upper Canada. During
this period, the population of Upper Canada, favored by the natural
emigration from Europe and the United States, increased in a
proportion calculated to render the demand for a proportionate
representation reasonable. This cry, which was at last one of
antipathy, and even of hostility against us, became so popular that
the greater number of our faithful Upper Canadian friends were
compelled, from the force of piiblic opinion, to abandon us, and
Upper Canada was apparently constituted into a camp hostile to
our interests. On the other hand, the Lower Canadian representa-
tives of English origin, who could not be supposed to have a sym-
pathetic regard for our institutions, our language and our nation-
ality, entertained different opinions on the subject of Representation
by Population, and, fatigued with these incessant and systematic
contests between the V i sections of the Province, threatened to
abandon their position. During late crises, they neither concealed
their opinions in private circles nor in public speeches. These
same men held the balance of power between Upper Canada and
the French Canadian element, and, at a moment's notice, could
change the equilibrium between the representation of Upper and
that of Lower Canada, if not by a Legislative Act, at any rate by
an appeal to the Imperial Government. This could be felt and
seen every day, iu the impotency of the Administration and the
paralyzed condition of legislation. The e{|uilibrium existing be-
tween the antipathies on both sides of the Legislature was so
closely balanced, that a change in the vote of one member might
frequently defeat the Ministry of the day, and stop the working of
the parliamentary system, to the great injury of the public interests.
This deplorable state of affairs brought into play ambition, as
well as animosities, both from small and great, and throughout our
Legislature unjust claims or exactions of a very absurd nature. —
As these exactions were numerous, and could not all be satisfied,
they
und(
Tl
in 1
two
Ls
of afl
last
whic
wrot(
in'
QUEBEC CONFERENCE.
17
notor. While
of our Upper
lo working for
e working for
lada. During
by the natural
n creased in a
proportionate
it lasi one of
10 popular that
friends were
anuon us, and
mp hostile to
an representa-
0 have a sym-
id our natioa-
lepresentation
nd systematic
threatened to
ler concealed
ches. These
Canada and
notice, could
of Upper and
any rate by
d be felt and
tion and the
existing be-
ituro was so
ember might
e working of
)lic interests,
ambition, as
roughout our
rd nature. —
be satisfied,
they reacted on a weak Government, and frequontly crushed it
under their weight.
Thus we find that two ministerial crises occurred in 1854, one
in 185G, one in 1857, two in 1858, one in 18G2, one in 18G3, and
two in 18G4.
Labouring under the strong impression created by such a state
of affairs, and under the immediate efifect produced upon us by the
last ministerial crisis, and the explanations given in the House,
which enabled us to foresee the Coalition and its consequences, we
wrote, on the 18tli of June, under very strong feeling, the follow-
ing words : — * There are so many grave and severe lessons given in
< these few explanations to individuals, without heart and without
' patriotism ; there are so many exaggerated hopes suddeuly and
' forever dashed to the ground ; so many disappointed calculations,
' so many intrigues and manoeuvres proved to be unprofitable, so
• many sudden and unexpected reverses of fortune and strange
' transformations, tliat Members of Parliament and the public were
' equally astounded.
* And still it was evident that this was in reality the desirable
' and necessary solution, because it was received with enthusiasm
• by a largo majority of the House, who received the anuounce-
' ment with stirring applause, and by crowded galleries, the occu-
' pants of which gave their assent in as noisy a manner as the rules
' of the House would permit.'
Could we then persist in perpetuating a state of affairs which
has lasted for ten years, with an annual increase of difficulties,
and which could only end ia an unfortunate collision, in which
with inadequate forces, we could scarcely hope for victory.
With such facts before us, with such a prospect, and an abso-
lute and imperious necessity commanding us, would we have beea
justified in saying as we had hitherto said — ' Never.' And, if we
have felt the necessity as we have felt it to be our duty always to
refuse our sanction to the constitutional changes that were ofiered
to us by Messrs. Brown and Dorion, could we conscientiously re-
fuse to seek some other constitutional means of assuring the safety
18
THE NEW CONSTITUTION,
of our institutious, our language and our laws, as we eviiently
could not maintain the existing constitutional plan.
We therefore conclude by asserting that it had become im-
possible to maintain the present union under the present .system.
Cljangts ill our €onstitnti0u.
CHAPTER V.
' Iliid tlie most favorable moment been reached to remodel the constitution,
and to place it on other bases V
IF it be true, as we think we have proved in our last article, that
a period was approaching at which all government nud all
legislation would have become impossible, we could iairly say that
if it were not the most favorable moment, at least, action at that
moment had become necessary. ]Jut there arc other reasons which
induced us to decide that the favorable moment had been reached,
and that by any delay in the solution of a problem of such import-
ance, we would have run a serious risk, and accepted the consc-
<juiii."- of grave responsibility. The public men of both parties
had bi (•ouic exhausted in the strugsde, and were discouraged at
the >ad prospect of continued difficulties. During leisure, they
sought ardontly for some solution of the problem. They were
averse to admitting that they were altogetlier exhausted and cou-
(juered, or that they had steered an erroneous course : but they
offered to meet each other halfway in order to save thcii personal
dignity, and to escape the humiliating avowal of incapacity to deal
with the crisis.
They were therefore prcparcil for compromises, and ready to
enter fully into the path of those concessions which, at other times
they would have rejected with disdain, and even with indignation.
In order to oouvinco ourselves of this I'act, let us refer to the
cireui
ment
Miuii'
Cabin
dissol
causei
conje
Th(i
reach
tions
seemo
impati
toward
Ac
charac
cult ai
scared
It V
addresi
to ass is
chaniro
' Is
' J?opu
' attem
' vincc
I advice
* thatol
who or
freely
immed
^ We
donald
and tl
AVc sh
sioQ ol
QUEBEC CONFERENCE.
19
we eviiently
i become im-
■esent s^'stem.
10 constitution,
t lu'ticlc, that
aont !iud all
airly say that
ictiou at that
on sous which
}eeu reached,
such import-
(.1 the couse-
both parties
i.scouraj^ed at
cisuro, they
They were
il and con-
e : but they
!!! personal
icity to deal
lid ready to
other times
indignatiou.
cier to the
circumatauces under whicli the Tach6-Brown-Macdouald Govern-
ment was formed. Alter the vote of the fourteenth of June, the
Ministerial crisis Avas prolonged without any apparent issue. The
Cabinet had, on the morning of the loth, asked for power to
dissolve Parliament; but the tardy reply of the Governor General
caused great anxiety, and was the means of creating numerous
conjectures.
The hopes of the chiefs, or of those who had the ambition to
reach that position, rose and fell from hour to hour, as the quota-
tions on the stock-market. Aspirations, rising from every point,
seemed to be curbed and loosed, they fretted like race horses
impatient for the start, and every thing appeared to tend inevitably
towards a dissolution, uncertain for all, and desired by none.
A costly general election, which had not been decisive in its
i; character had but lately taki.m place, and a second trial more diffi-
cult and more costly perhaps than that which had preceded it, was
scarcely more decisive than the first.
It was under these circumstances that 3Ir. IJrown, frankly
addressing two friends of the Cabinet, stated that ho was prepared
to assist the latter in the crisis, provided that certain constitutional
changes should be promised.
' I shall,' said he ' decline insisting upon ilcprcscutation by
' J'opulation, and shall be content with the promise, that a sincere
' attempt will be made to accomplish a Confederation of the Pro-
' vinccs of British Novth America.'
Ministers who could neither foresee the actual result of the
ad''ice tendered to the Governor General two days previous, nor
I that of the general election which would mieessarily follow, and
who could not sec in the future any solution of existing diflieulties,
freely accepted those offers of conciliation and agreement, and
inunediately entered upon their task.
^ We have already quoted the words of the lion. John A. Mac-
doiiald, in which he explained the nature of the political situation,
and the motives which pnimpted the latest ministerial action.
AVe shall now quote from 31r. Brown, when he spoke, on the occa-
sion of his accepting the alliance which he had himself sought.
20
THE NEW CONSTITUTION.
On the seventeenth of June last, he addressed the House as
follows : —
' I am sure the House will acquit me of all intention of aiding
' hon. gentlemen opposite, in using a threat of dissolution to
' coerce members of this House. (Hear, hear.) I am sure, every
*■ member of this House will comprehend, that hon. gentlemen
^ opposite, to whom I have been opposed for so many years so
^ strongly, could not have approached me in any way, to ask me
' to join with them in the construction of an Administration,
^ unless under the force of very extreme circumstances. And hon,
'■ gentlemen will also feel, that I could not, by any possibility,
* have met these gentlemen on the Treasury benches, except under
'■ such circumstances ; that nothing else, except the position in
^ which this House stands, and the consideration of the repeated
' endeavors made for years, to form a strong government, as also
' the consideration of the strong political feeling existing between
^ Upper and Lower-Canada; and, that in case of a dissolution, wc
"•' aro not likely to bring about a satisfactory change of that condi-
^ tion of affairs — could have induced me to enter into communication
' -yfith those hon. gentlemen. (Hear, hear.) I am bound to say,
* that the hon. gentlemen opposite, arc approaching this question,
* as far as I can understand, with a candor and frankness worthy
^ of any set of men. (Hear, hear, and loud cheers.) Their
^ approach has been made to me in a way that members on both
^ sides of the House ought to bo glad to find was the case. I do
* hope then that, instead of any unpleasant feeling arising with
' regard to it, or with respect to past political affairs, we shall feel
*■ that tbis is a matter that ought to be approached with the grcat-
< est possible gravity ; that, we have to consider the interests of
*■ both sections of the Province, and to endeavor to find that scttlo-
'■ merit of existing difficulties, which will be satisfactory to botli,
'■ and that we shall reach a termination of ♦hose constant scenos of
^ discord that have only been too frequent in past years.'
A\ hen there seemed to be a universal desire in the public mind
to settle our difficulties, who would dare to maintain, that the
lavorable moment for remodelling our Constitution had not been
QUEBEC CONFERENCE.
21
i the House as
cntion of aiding
dissolution to
[ am sure, every
hon. gentlemen
many years so
way, to ask me
Administration,
ices. And lion,
any possibility,
as, except under
the position in
of the rcpeatcil
srnmeut, as also
xisting between
, dissolution, we
3 of that condi-
i communication
a. bound to say,
5 this question,
ankncss worthy
iheers.) Their
embers on both
the case. 1 do
g arising with
s, we shall foe!
with the great-
he interests of
find that scttlc-
iictory to both,
istant sceijos of
years.'
he public mind
itaiu, that the
had not been
reached ? It was stated at the time, that many members of the
Opposition were seeking eagerly for power, and that Mr. Brown,
finding himself abandoned by those whose political position he had
created, desired by ihU extraordinary and unexpected proceeding
to recover his lost po.sition, and to punish his ungrateful followers.
Let U3 suppose that this is true, and that the ambition of one man
was the cause of bringing on the constitutional crisis, — is ii. less
true — is it not on the contrary more evident, that the moment to
settle this question had been reached, inasmuch as this ambition,
in order to frustuate that of others, felt the necessity of arrange-
ments, and the want of conciliations,
After having admitted the possibility of a perpetual statu quo,
and the necessity of remodelling some day our constitutional com-
pact, would it have been wise to retreat at this solemn moment,
and thereby still further irritate passions by an obstinate resistance,
and to place the future of this country in the category of eventual-
ities ?
Mr. Dorion stated in a speech, from which we have already
quoted in this series, that, 'Upper Canada would eventually obtain
' Representation by Population, with the assistance of the members
' representing the Eastern Townships,' and we have already seen
that the latter, exhausted and worried, commenced to murinur,
threatened to give way, and asked in any possible solution
that an end might be put to this prolonged struggle, which Lad
become so unprofitable to the country. If we were already too
weak to resist, if our only chance of remaining masters of the posi-
tion was by alliances which threatened to be lost to us from day
to day ; and, if by the secession of some, and the progressive
increase in the numbers of others, we were naturally to become
more and more isolated; did not reason, wisdom and patriatium
command us to act energetically and spontaneously, and were we
not bound to save such great interests from the chances of tlic
future ?
22
THE NEW CONSTITUTION.
®Ije (iiaimbiait Linton ;tnb i\t Jfuturt
CHArTER VI.
* Admitting that it were possible to maintain the present Union intact,
should wc persist iu so maintaining it, or seek greater destinies in a
different order of things?'
ALL the nations of the world naturally aspire to great destinies,
and to an important position in the human family, because; in
addition to the legitimate feeling of pride which actuates them in
seeking to reach the highest rank, they know that there is more
chance of their being respected favored and prosperous, in pro-
portion to the power which they can show.
All agree on this point. All seem to understand, as it were by
intuition, that the Colonial condition is nothing more than a state
of transition — a mere step from the infancy to the virility of a
people. In order to be convinced of the actuality of this .social law at
every period of the world's existence, it is but necessary to refer to
the history of the ancient colonies of Phenicia, Greece and Asia, and
the colonies established in modern times by Europe, on the continent
of America, particularly those of the United States, Mexico, Brazil,
and all the Spanish and Portuguese Republics of Central and
Southern America. This social law, atrainst which England fought
during seven years, with all the power of her fleets and armies,
seems still to be universally recognized.
At the present moment, this law has become an axiom of political
economy, as well as the profession of faith of all the statesmen of
Great Britain, who continually warn us to prepare ourselves, by a
strong political and military organization, for the emancipation
which is at hand.
We are certainly happy colonists — free as the lish that swim in
the ocean or the birds that fly through space, and this because wc
are under the protection of the British flag; and still wc ask, Eng-
lishmen, Scotchmen, Irishmen, Canadians, all — are jou not desir-
ous, if you can, of becoming a great nationality 't The only
obstacle to the success of these aspirations can be found in our
local diffi
those pr
not sacri
ality.
Is the
as he is,
lost in t
North A
tions, lav
claim wi
existence
The t
in itself,
means ii
Mother (
' dependc
' our arse
pendent |
The C(
genius a:
groat a
Guizot, 1
Wo do
BomethiH
thing wh
Now,
wo do \
guage, 'ft
the wor^
our oxis
populati
compose
prcdilici
Whoi
merely >
the voi(
QUEBF.C CONFERENCE.
23
isent Union intact,
ater destinies in a
0 great destinies,
milj, because; in
ictuates them in
it there is more
)sperou3, in pro-
d, as it were by
lore than a state
the virility of a
this social law at
essary to refer to
ce and Asia, and
on the continent
1, Mexico, Brazil,
of Central and
England fought
sets and armies,
siom of political
:hc statesmen o!'
ourselves, by a
iO emancipation
h that swim in
this because wc
ill wc ask, Kng-
jou not dcsir-
yl* The only
be found in our
local difficulties, in the fear of losing, by any change of system,
those privileges which are very dear to us, and which wc would
Jiot sacrifice even to greatness, power, glory, or the title of nation-
ality.
Is there one individual among us who would consent to remain
as he is, if he wore certain that none of these privileges could be
lost in the new order of things ; and if the colonies of British
North America were on an equal footing witli regard to institu-
tions, laws, maniLfirs, language and religion, would we not all ex-
claim with one voice, at the period of maturity of our colonial
existence, 'Let us be a Nation?'
The title of colonist implies nothing criminal or dishonorable
in itself, but nevertheless wc feel that it humiliates us, because it
means infancy, subjection, guardianship. The citizen of the
Mother Country speaks of us as 'our colonists,' ' our colonics,' ' our
'dopeudcucies,' in the same manner that he speaks of ' our fleets/
'our arsenals,' ' our im],lementsof war'; while as citizens of an inde-
pendent nation wc would be ourselves, in fact our own masters.
The colonist has no history of his own, and were he as great a
genius as Shakespeare, ]?ossuet, l^iebnitz, or Pascal — were he as
great a statesman as Richelieu, Pitt, Fox, Colbert, Carnot, or
Guizot, he would scarcely be mentioned in the world of intellect.
Wc do not here express our individual opinion — we allude to
Bomething greater and more noble, a national aspiration — some-
thing which reigns in every mind, and has its place in every heart.
Now, if wo leave this class of ideas, let us not forget that if
wo do possess our autonomy of manners, religion, laws and lan-
guage, we do not possess in the same degree in the true sense of
the word, our political autonomy, lu the present condition of
our existence wc scarcely count more thau one-third of the whole
population ; and in Ijower Canada, one-quarter of the population is
composed of a different nationality, distinct from ours in language,
predilictions and prejudices.
When, therefore, we say that we wish to remain as wo are, wo
merely wish to speak as Lower Canadian^, and if we so speak,
the voices of a quarter ot a million in Lower Canada reply :
^4,
THE NEW CONSTITUTION.
' Recollect tliat we also are inhabitants of Lower Canada, and
' that we also aspire to other and greater destinies. In this wc
^ join with Upper Canada and men of our own origin who are to
^ be found in every part of the proposed Confederation. With
'■ them we offer protection to your religion, to your institutions, as
^ well as to your civil laws, which we have ourselves adopted, be-
^ cause, in spite of the prejudices which we may have brought
^ with us from the Mother Country, we find in those laws full
' protection to our property; and if everything that you hold
^ dear be preserved from danger in this step towards a future, why
^ should you place obstacles in our way, and iji your own way,
' when everything seems to induce us to march forward hand in
"•' hatid to take our place and ranlc in the family of nations ? '
There is another motive which should impel us. Every luan
who reflects seriously must perceive, that if we are to progress,
there are but two paths in our csccptionrl position that we can
possibly tread — Confederation or Annexation. If we have been
enabled to sleep in peace until the latest events of our time have
come upon us, certainly the gigantic struggle between the Northern
and Southern States of America during the past three years and
a half must have brought us to reflection on the reality of our
position, and at the present moment wc arc compelled to feel that,
unless we hasten to sail our bark towards Confederation, the current
will inevitably draw us towards Annexation. Annexation is
not now approved of by us more than in 1849, and again in 1858,
when wc wrote : —
*In the union of the provinces we might find combinations,
* some less fatal to our interests than others; while in annexation
^ no choice would be left to us, as wc should have to accept it and
^ its conditions without power of modifying them. Under the best
^ possible terms of union we would bo at least one to three, while
* in annexation we would scarcely be one to thirty. Under
^ colonial unicn wo might perhaps obtain a share of the actual
' revenue in the shape of general improvements ; in annexation
* to the United States our revenue, to the last cent, would be paid
' iato the Federal Treasury, out of which it would only bo taken
QUEBEC CONlx-'lENCE.
25
Canada, and
iS. In this wc
!:;;ia who are to
ration. With
institutions, as
es adopted, be-
have brought
:hosc laws full
that you hol'd
a future, why
our own way,
rward hand in
ations ? '
Every man
0 to progress,
n that we can
(ve have been
our time have
a the Northern
irce years and
reality of our
;d to feel that,
Dn, the current
\nnexation is
igain in 1858,
combinations,
in annexation
accept it and
fndcr the best
3 three, while
irty. I'nder
of the actual
in annexation
^vouid be paid
)nly be taken
' to pay the expenses of the army and navy. In colonial union,
^ as French or as Catholics, although weakened, we still could, on
•' an emergency, present a bold front ; in annexation, we would
' find ourselves surrounded at every point, and, like our brothers
' of Louisiana, wc would disappear. They soon, who like our-
' selves speak a foreign language, will humbly call upon history
' for their origin and the names of their ancestors now forgotten.
' And they, like ourselves, are the descendants of a few heroes
' who fought during a century and a half against the influence of
' a powerful race in the unsettled parts of the now world.
' If our national identity could not be maintained in colonial
' union, how could it be maintained in annexation '{ The same
* feelings, the same prejudices, the same institutions, the same
' languages, the same religious and social ingredients, would be
' found in the latter under relations more disproportionate and
' much more dangerous for us. Therefore, if we are at some
' period to take our place among nations, colonial union would, in
' our opinion, be preferable.
* It remained with France at the time of the conquest to decide
* whether our population of French origin should or shoald not
' now number eight millions on the banks of St. Lawrence ; and
' to prove this, it is only necessary to take the census of 1850.
' But France did not so decide it ; and when we shall feel our
' colonial fabric falling to pieces around us, too weak to establish
' an empire of our own, and fearing invasion and destruction, we
' shall seek for new alliances.
' It is true that no alliance could give a complete guarantee of
' our autonomy, but wo must not forget, that placed as we arc in
' America, in an exceptional posit'on, governed by force and
' circumscribed within the narrow limits of fatality, we must make
' a choice among alliances more or less dangerous to us.
' No alliance could secure us perfectly from danger, but that
^ least to be feared would be a union of the provinces, because,
' while it would be strong enough for protection from outside
' aggression, it would be weaker for purposes of oppression '
These remarks, owing to events and the state of the times, seem
26
THE NEW CONSTITUTION.
almost to have ac(|uircd a prophetic character. Anaesatioa at the
proacut moment, would iuvolve the earolmcul; of our farmers and
meel.ianics to carry oa a war to the knife, which would probably
bring them to destruction in the fetid marshes of the South. It
would involve taxation on landed property, trade and manufac-
tures ; it would impose a tax of five hundred millions of dollars,
out of which we would have to pay annually more than the twen-
tieth part ; it would capitalize a debt against us of three billions
of dollars, the interest of which, each year, we would have to pay,
with the prospect of a still heavier debt and additional taxation.
But, supposing that this frightful picture did not alarm us, in
what position would we French Canadians find ourselves in an
alliance with a nation of thirty millions of Republicans so difi'erent
from us, not only in language, but in feelings and manners, be-
cause we are conservatives and monarchists, both in our instincts
and in our aspirations. Far be tlje thought from us to doubt the
fidelity of the British population of Canada to the Crown of Great
Britain, but if, as ourselves, that section of our population aspires^
to become a nation at some future day, we may fairly state, taking
our opinion from reasonable sources, that they might favor annex-
tion more than ourselves, because ihey speak the same language,
are of the same religious persuasion, aud essentially possess the
same social institutions as the inhabitants of the American Union.
The only point for them to consider in making a selection would be,
the material question of profit or loss ; more or less of trade, more
or loss of taxes. The truth of this is clearly shown by the project
of Confederation itself, in which it will be seen that the exceptions
affect only Lower Canada, and in the speeches made by Mr.Tilley,
in New Brunswick, in which he states frankly and unequivocally,
that with that Province there can bo but one paramount question
in the discussion of the scheme, namely, that of pecuniary
interest ; will New Brunswick, under the union, pay more or lcs.s,
receive more or less — will the taxes imposed, under the union, be
more or less than they now are ? The question has been thus
received by the press and public men of that Province, and they
have so discussed it, with a view to accept or reject it.
QUEBEC COXFERENCE.
07
oxatioa at the
ir farmers and
ould probably
lie South. It
and manufac-
ms of dollars,
lian the twcn-
three billions
i have to pay,
lal taxation.
it alarm us, in
irselves in an
ns so different
manners, be-
1 our instincts
to doubt the
rown of Great
ulation aspire;^
7 state, taking
t favor annex-
imc language,
ly possess the
crican Union.
tion would be,
)f trade, more
)y the project
ho exceptions
by Mr.Tilley,
mequivocally,
junt question
of pecuniary
more or less,
the union, Lc
as been thus
ice, and they
tit.
But for us — what a difference I It we already feel ill at ca.«e in
an alliance in which we only count for one-third, in what position
would we find ourselves in the midst of a people numbering thirty
millions ? Of course, we are speaking throughout from the point
of view of our national autonomy, and everything that constitutes
it. "We again ask, what would be our position '/ The annexation-
ists of 1849 have never answered us, although they could do so ;
but the reply could easily be given. That compact was composed
in a great measure of bankrupt merchants and ^publicans. The
word autonomy had no signification. The former wanted annex-
ation because they desired to recover the commercial prosperity
they had lost, and the latter hoped to obtain democratic institu-
tions under a republican form. The former abandoned the idea
and almost the recollection of it in the prosperity of the years that
followed their declaration ; and the lattei", with >ut having aband-
oned their position of '49, and without paying any attention to
the conservative idea which preoccupies the thoughts of one mil-
lion of their fellow countrymen, nevertheless seek by political
tactics to alarm us with regard to the lot which awaits French
Canadians in a Confederation of the Provinces of British Xorth
America.
With ourselves, they were aware of the position of Louisiana in
the American Union, a state which was founded by our ancestors;
and they well knew that the first act of the masters of the position
was to abolish the French language in Parliament, in the Courts
of Justice, and in the composition of public documents ! This did
not occur such a long time ago. It is but a short time since this
state, which was a French colony, entered into the American
Union, and still the French language is rapidly disappearing, and
it is well known that families bearing French names can no longer
speak the language of their ancestors. Xow, change, invasion,
and absorption were much more difficult there than they would
be here, because in that state the climate alarms and prevents
iDr>migration, while in the Xorth the current of population flows
lOwards us from all European sources. Under such a condition of
things, how long would we remain French '( How long would
28
THE NEW CONSTITUTION.
we preserve that autonomy which is so precious to us, and how
long could we continue to say as Frenchmen, ' Our institutions,
* our language, and our laws,' inscribed on pages, some times
glorious, some times bloody and mournful, but always visible on
the frontispiece of our history ?
No ! we cannot always remain in the Colonial condition. We
desire some day to be a nation, and if this be our manifest destiny,
and the object of our aspirations, we much prefer a political condi-
tion,*^in which wo shall be a vital and indestructible element, to
being thrown as a drop of water into the ocean, to form part of a
large nation, in which we would lose in a few years, not only our
language and our laws, but even the recollection of our glorious
origin.
Ittcessitj for ^laioii of all Ijje ^robrncts.
CHAPTER VII.
' Why should we provide for a. Federal or Legislative Union of the
Provinces of British North America?'
AS we have already shewn that our local diflBculties completely
hampered the working of our political machinery, and neces-
sitated constitutional changes; thatasur t.'orpowerof circumstances
compelled us to select between ann^ xation and the union of the
provinces ; that our interests, our tastes, our habits, the character
of our institutions, and a conservative instinct induced us to loan
towards the latter solution, and that soon, in order to follow that
universal law which, from the beginning of the world had directed
the destinies of those colonies, we must, whether willing or not,
prepare to assume our position in the family of nations. But we
have not yet shewn why it is that as a colony of a great empire,
we had so soon to abandon the protection of the Mother Country,
and direct our course towards an unknown future, and why the
QUEBEC CONFERENCE.
29
US, and liow
institutions,
some times
lys visible on
idition. We
fest destiny,
(litical condi-
5 elemout, to
rm part of a
not only our
our glorious
mm.
Union of the
! completely
, and neces-
reumstances
mion of the
ie character
d us to lean
follow that
lad directed
ling or not,
IS. But we
'eat empire,
Br Country,
d why the
Union of the Provinces of Bri'.ish North America is the com-
bination most likely to conduct us towards the desired end; in a
word, how it happens that in this union, the geographical, maritime
and commercial elements of a great people and a groat country
seem to be clearly proved to exist. This is the complex question
with which we have to deal in this article.
In 1858, we pronounced our opinion against every species of
union — Federal as well as Legislative — because at that time
powerful in the Parliament of the day, in which we had destroyed
all opposition, and caused to cease, for a certain time at least, the
demand of Upper Canada for Representation by Population, we
supposed that we might perpetually remain in the political condi-
tion then existing ; because wc hoped that by immigration, the
equilibrium might bo re-established between the two sections of
the Province of Canada ; because we believed that the Maritime
Provinces, poor and without resources, would seek for this union
in order to re-habilitate the impoverished state of their exchequer ;
because we did not believe that the protection of the Imperial
Government would so soon or ever be withdrawn from us ; because
we had no reason to appreciate, before the breaking out of the
American war, the danger that we incurred by remaining isolated ;
because we never dreamt that at a future day Great Britain, seeing
the approach of our independence, and beginning to feel the
heavy weight imposed by our guardianship, should instruct us to
prepare for that solemn change ; because wc could not perceive in
a union, the prospect of commercial advantages which we did not
already possess; and finally, because we feared the effect of that
union upon our religious and national iutcrdsts, and the preserva-
tion of our peculiar institutions. Howe¥er, as we have already
stated in our last article, if called upon to make a choice between
a union of the provinces and annexation, wc then offered our
opinion most positively, as wc do now, in favor of the former.
As it is wise to make provision for a surprise, to organize and
to constitute the elements of a nation, amply and solidly, in case
the day may come when the Mother Country might give us notice
to rely upon our own resources ; it would be too late to commence
d2
so
THE NEW CONSTITUTION.
the consideration of that important question in the midst of a crisis.
We are far from desiring the separation, and we wish to avoid
it as long as possible, because the yoke of the Mother Country has
for many years been excessively easy, and we require some time,
much reflection and labor, to prepare us for such a separation ;
but since it is providentially reserved for us, when it does come
may we not be proud to be able to number six to eight millions as
a people, and to show to the astonished world a commercial status
valued at two hundred and fifty to three hundred millions of
dullars as our title of admission to the family of nations.
We shall occupy the same position in the North as 3Iexico in
the South, and we shall be in a position to act as a counterpoise in
the balance in which will be weighed the destinies of British
North America, and thus we shall acquire the good will, and, in
case of necessity, the protection and even the material support of
the great European powers.
Let us not forget that the conquerors of the world have invari-
ably hailed from the North j the whole of China, India and Asia
has been conquered by the invading hordes of the North ; even
the Roman Empire was gradually broken up and extinguished by
the robust people of the North. But any such strength can only
exist, even national existence is only possible, when the people are
strongly organized in virtue of a compact unioi. of all the elements
of :',re:itucss and future success. Separated from each other, each
isolated portion would inevitably be invaded and finally crushed.
Wo are not proue to assist those who are too weak to help them-
selves, because we have no desire to perish with them; this is
equally true in the history of individuals and of nations.
We are convinced, at the present moment, that our internal dis-
sensions compelled us, necessarily, to adopt a new order of things ;
that, after prolonged resistance, we should have met with a less
happier lot ; that wo had to choose between annexation to the
United States and the Union of the Provinces ; that the latter is
preferable to the former; that the Maritime Provinces are quite as
prosperous as we are, and that an alliance with them would neither
be a tax on our budget, nor a gnawing canker-worm on our revenue ;
est
^ ' effect w
I ' without
I We St
I on our i
\ from a cc
■ but the 1
which ca
which wi
QUEBEC CONFERENCE.
31
idst of acrisis.
wish to avoid
r Country has
•e some time,
a separation ;
it does come
ht millions as
mcrcial status
d millions of
ms.
as 3Iexico in
aunterpoise in
es of British
[ will, and, in
ial support of
1 have iuvari-
idia and Asia
North J even
inguished by
igth can only
the people are
the elements
:h other, each
ly crushed,
to help thcm-
hem ; this is
us.
• internal dis-
ler of things ;
t with a less
sation to the
; the latter is
;s are quite as
svould neither
our revenue ;
I
that the protective wgis of the empire would certainly be wanting
at a future day, and, therefore, the time had arrived for us to prepare
for national emancipation. But we have not yet examined this
question in one of its most important phases — that of commerce •
thC' great, and some' may say, the all-important source of fortune
and public prosperity, inasmuch as it comprises, in its gigantic
folds, agriculture, arts and manufactures.
We wrote in 1858 : ' What would be the advantage to Canada
' derivable from either a Legislative or a Federal Union of all the
' Provinces of British North America ^ It is as much the interest
' of the Maritime Provinces to seek for our channels of trade, as it
' is our interest to seek for theirs. We know that a political union
' would; in no respect, change the present condition of things, and
' in any case, those provinces could not inflict more injury upon us
' than could the United States, our only rivals in their limited
markets.
' When communication by sea and land shall have been
' established between us, we will be in a very favorable position to
' furnish our produce in defiance of all possible rivalry, If the
' obj ect of those provinces, in soliciting a union, be solely in a
' commercial sense (and they do not now solicit it), it cannot in any
' case in our colonial condition be solicited on any other ground.
' Why should we not rather have recourse to free-trade, which
* could be obtained without organic constitutional changes, — with-
' out the intervention of the Imperial Parliament, with the mere
' consent, in fact, of our existing Legislatures ?
' Free-trade, from a commercial point of viev/, is equivalent to
' un absolute political fusion ; it produces precisely the same
' effect without cutailiug the same inconvenience and danger, and
' without necessitating the same sacrifices.'
We still hold the same opinion as regards the efi'ect of union
on our intercolonial trade. Free-trade Avould still be for us,
from a commercial point of view, equivalent to political fusion ;
but the latter as it is now proved by figures, (the correctness of
which cannot be questioned,) would not now require the sacrifices
which we then feared. Six years of thought and hard experience
32
THE NEW CONSTITUTION.
in the midst of social discord, passion, hatred and difficulties of
every nature, have taught us many things which we could not then
know. An experience of six years in the life of the people of
the New World, is greater than that of a ee.itury in the life of the
people of the Old World.
If we are dashing forward on the path of manifest and imperious
destiny, as it were, like a charger ou the course, impatiently
•champing the bit, should aot wisdom guide us towards that path
which leads to safety ? And if this political union be not
more costly than free-trade, why should we hesitate and continue
to persist in an opinion, the causes and motives of which have
disappeared ?
The united budgets of all the Provinces may not be of great
•dSsistauoG to each other, but they will not interfere with each
■othftr. A political union will not accomplish more for our internal
commerce than free-trade, but is it necessary to the development
of our external commerce. Therefore, if we are desirous of occu-
pying a respectable position among nations, we should seek such
vm union. What constitutes, in tact, the elements of a great
j^eople? We find them in an internal territory, suitable for agri-
cultural purposes, and otherwise rich by its mineral and other re-
Bources; in ample interior navigation, which facilitates the moans
of exporting our products to, and importing what we require
from, foreign countries ; in an extensive sea coast with numerous
deep harbors that can be used at all seasons of the year, that per-
mit of trade on a large scale, and the development of a powerful
uavy, without which moral and material influence cannot bo ex-
ercised, and commercial communications cannot be safely protected.
Can it be said that Upper and Lower Canada possess all these
varied elenauts within their own limits? Wo do possess a fertile
soil of great extent, capable of supporting a largo population.
We already number three millions of souls, with the prospect ot
doubling our population in twonty-five years. Wc have an ex-
tensive system of internal navigation, canals and railways on a
ittrge scale. We enjoy a trade that commands the astonishment
and admiration of foreign countries. Ikit, our inland seas, canals,
QUEBEC CONFERENCE.
33
ifficulties of
)ulcl not then
\o people of
le life of the
id imperious
impatiently
Is that path
nioa be not
,nd continue
which have
t be of groat
e with each
' our internal
dcvclop'JLient
:ous of occu-
Id seek such
of a great
iblo for agri-
ind other rc-
s the means
we require
h numerous
ar, that per-
:* a powerful
inot bo ex-
ly protected.
ess all these
sess a fertile
population.
prospect ot
have an cx-
ilways on a
stonishment
seas, canals,
and harbors are sealed with ice during five months of the year.
Wo never could succeed alone in becoming a maritime and com-
mercial power. It therefore becomes necessary to extend our
territory, in order to possess posts on the sea-side that may assist
commerce and furnish sailors to our fleets, It consequently be-
comes expedient to form an alliance with the Lower Provinces, in
the form of a compact based upon equity and strength, for maturil
protection. We have our copper and iron mines, but we have no
coal. The area of the coal fields of New Brunswick and Nova
Scotia is greater than that of all Britain; and without coal, hov,r
can wo keep our manufactories employed, and how can we providc-
for our fleets when we have them ? Nova Scotia and Newfoundland
arc favored with harbors sulficiently vast and deep to bear on their
bosoms the fleets of the whole world. Newfoundland is the great-
est fishing station in the world, and the nearest port to Europe.
That point on the confines of the ocean could serve us at all seasons
of the year as our most advanced military station, our best mari-
time arsenal, in f\ict, our bulwark of defence. On this account
it became essentially important to briug Newfoundland into the
projected union, even at a pecuniary sacrifice. With Newfound-
laud, Cape Breton, Halifax and the small islands in the St. Paul's
Narrows, and at the entrance to the Straits of Belleisle, with the
harbors to be formed among them, we could, at every season of
the year, command the ent'-.inco to the Gulf of St. Lawrence, and
shut out all other nations.
Nature seemed to have specially prepared for the nation to ho
called into existence, all these means of defence, prosperity and
greatness.
If we were accused of wandering in the atmosphere of theory
and exaggeration of hope, we would reply : —
Are we not already a people numbering four millions, with a
foreign trade amounting to 8L37, 500,000, with ships on the sea
valued at five millions, and a coasting-trade at six millions ? Point
out to us the nations that have started with such resources, and
with two or three exceptions, where are tliose now in existence-
who can show an equally satisfactory statement, and similar guar-
antees of power and vitality ?
34
THE NEW COxVSTITUTIOX.
'' Mm\ or }
n
CHAPTER VIII.
'Which should we prafcr, a Federal or a Legislative Union?'
THIS is a difficult problem to solve. If y^e could make a consti-
tution as we write a book, if practice were as easy as theory, it
would not be so difficult of solution. When we wish to establish
a great nation, we have to work with elements already in existence,
we have to deal with manners, predilections, social and political
institutions, full of life and vigor, and strong in the determination
to perpetuate those qualities ; and as, for these reasons, all written
constitutions must be formed of compromises, that is to say, of reci-
procal concessions made by all parties concerned, and the first ques-
tion to be considered would not be, whether a perfect Legislative
Union could be accomplished, but whether any compact could be
formed in which the different elements could bo placed in Juxtapo-
sition to each other, without mutual lutcrferencc, injury or de-
struction, and in which the differences of opinion of all parties
could be allowed to exist.
"We have before us, as evidence of this difficulty of solution, the
experience of Austria, Hungary, a portion of Italy, Russia, Poland
and Circassia, Holland and Belgium, the Northern and Southern
States of America, England and Irelaid, and, in fact, our own his-
tory. Poland, unable to exist as a nation, is a frightful scar on
the side of the Muscovite giant; perhaps, at some future period,
when her days of oppression shall have been weighed in the scales
of God's unerring justice, Poland may punish the oppressor.
Austria now understands, although rather late, that the instincts,
language and institutions of a people cannot be consigned to de-
struction by sovereign edicts, and that it is more prudent and wise
to offer a protective and paternal hand. By its new policy, which
is liberal and intelligent, it may save Hungary; bat what will
become of Venetia, boiling, as she is, with rage and hatred under
the curb and restraint of a state of revolution ? Holland, by neg-
lecting to
lost, with
and its tei
of the A
difficulties
brought t(
pact wholi
If a Le
found in
tions, and
alliance, 1
mcnt, we
the cohesi
come barn
its life, pr
On this
wrote in 1
' regarded
' that for
' system ;
' immediat
' With 1
' more suit
* and Legl
' expcn3iv(
' alone ; w
' seven G(
' It woi
' there is i
' Lcgislatu
' Lcgislatu
fcrent pr(
' Parliame
' It wou
' librium o
* tion and i
QUEBEC CONFERENCE.
35
nioa?'
,kc a consti-
is tlicory, it
to establish
n existence,
md political
jtcrminution
, all written
say, of reci-
te first ques-
Lcgislative
ct could be
in jiixtapo-
jury or de-
all parties
solution, the
ssia, Poland
d Southern
lur own his-
ful scar on
turo period,
n the scales
5 oppressor.
0 instincts,
j;ncd to de-
snt and wise
jlicy, which
t what will
atrcd under
vnd, by neg-
lecting to study the lessons of wisdom, and by ignoring toleration,
lost, with Belgium, in one day, the four-sevenths of its population
and its territory j and the future reserved for the Northern States
of the American Union, a nation created in the midst of great
difficulties, and out of elements which could, with difficulty, be
brought to harmonize with each other, in order to establish a com-
pact whole, cannot now be predicted.
If a Legislative Union had been possible, that is to say, had we
found in such a union all the protection recfuircd for our insMtu-
tious, and if all the other provinces, to form part of the projected
alliance, had consented to such a constitutional form of govern-
ment, we should certainly have preferred it, because the greater
the cohesion in a nation, the better do its component elements be-
couic harmonized and unified, and the greater is the prospect of
its life, prosperity and greatness.
On this subject, we have never changed our opinion, and we
wrote in 1858 : ' Union, with a provision for Legislative Union,
'regarded in some aspects would certainly be the most logical, and
' that for several reasons : 1st — The budget ; 2nd — Our Colonial
'system ; 3rd — American counterpoise and equilibrium ; 4th — The
' immediate results of a union under its dificrent aspects.
' With regard to the budget, that species of union would be
' more suitable, because it is more than probable tliat a Government
' and Legislature for all these provinces would scarcely be more
' expensive than the present Government and Legislatura of Canada
' alone ; while Confederation would necessitate the maintenance of
' seven Governments and seven distinct Legislatures.
' It would be so with regard to the Colonial system, because
' there is nothing which could be accomplished by the Federal
' Legislature which might not be done by each of the existing
* Legislatures; and nothing could give to this Congress of ('le dif-
ferent provinces the imprescriptible attributes of the Imperial
' Parliament.
' It would be so with regard to the counterpoise and the cqui-
' librium of the United States, because in unity we find centraliza-
* tion and indissolubility ; because centralization and indissolubility
36
THE NEW COXSTITUTION.
* arc two powerful elements— two great priuciples of uo.tional
' existence ; one of initiation, the other of resistance ; one of
<■ action, the oilier of cohesion. It is unity alone, initiation and
' resistance, when combined with unity, which can possibly save us
* in the future from the clutches of the American eagle. France
^ exhibited that extraordinary faculty of strengthening herself by
' disasters, and recovered from those gigantic combats for
* supremacy, iii which she was engaged with all Europe, by her
^ centralizing policy and by the principle of national unity and indis-
' solubility. Any state constituted on the principle of the United
' States of America would, in Europe, be annihilated more easily
- than Poland, or would be, as the states of the Grcrmanic Con-
' federation now are, alternately the property of one or the other of
^ the Great Powers in which that principle of unity forms an
^ essential component element. The Constitution of Poland con-
^ tained a weak and dissolvent principle, and as we know,
' Poland has been absorbed. The Constitution of the United
^ States contains the same weak element, but they will not be
^ absorbed on one condition only, that of proving their position to
^ be thi^ most powerful and best constituted of all the nations
'^ having a footing in the New AVorld.'
But some of the Provinces, and Lower Canada is not alone in
that opinion, reject a Legislative Union because they desire
to exist on local principles ; and any Legislature in such a union,
whatever its existence might be, would not protect those sectional
interests which cannot bo allowed to perish, and which would thus
he delivered to the caprice or ill-will of foreign majorities.
What therefore remains to be done ? In our opinion, we should
use oui position to the best advantage ; we should strive to
establish as perfect a constitution as wo possibly can by har-
monizing the elements which we now possess, instead of trying
to re-model, or perhaps to anuihihvto them ; and while paying due
respect to them, to approach as nearly as possible to unity, centrali-
sation and indissolubility ; in a word, to avoid the fatal errors
which have been the moans of bringing on the present crisis in the
United States.
QUEBEC CONFERENCE.
37
nntionai
I ; one of
atlon and
)ly save us
France
herself b}'
ibats for
le, by her
and indis-
the United
lore easily
name Con-
he other of
forms an
oland con-
we know,
Lte United
vill not be
position to
he nations
t alone in
hey desire
jh a union,
e sectional
would thus
es.
we should
Id .strive to
n by har-
of trying
paying due
ty, ccntrali-
iital errors
■crisis iu the
When we thus wrote on the subject of the United States la
1858, when we said that their constitution contained a weak and
' dissolvent principle,' we little thought that scarcely two years
and a half would pass away before we should be witnesses of the
terrible and sanguinary consequences of that fatal dissolvent
principle.
They are already severed into two separate bodies, and for the
past three years and a half have been engaged in a war of mutual
extermination. Admitting that after this cruel contest, iu which
two millions of men may have perished, while devastation and ruin
have been carried over avast territory, once so happy, that the South
may be conquered — we ask — can the North succeed in holding the
South '/ It may be occupied perhaps, but with more difficulty
than Russia now holds Poland by the throat in the clutches of its
two sanguinary eagles. Already in other parts of the Union we
can perceive the presence of that spirit of independence which will
produce its fruits, let us rest assured, when the armies which now
march over the surface of that immense republic shall have
returned to their firesides.
The Constitution of the United States is ot a mixed nature ; it
was formed on the basis of a compromise between the partizans of
National Unity and those of State Sovereignty. The framersjof
that Constitution made every effort to establish it on other bases j
but the principle of State Sovereignty was an insurmountable
obstacle, and consequently the organization of the nation was
decided upon by its framera, iu a manner which established land-
marks, and inoculated it with that poison, the disastrous effects of
which now astonish and afHict the world.
If therefore wo have the power, let us abstain frcm imitating
that example, and although we also are obliged to abandon the idea
of framing a Constitution perfectly unitarian iu its principle, let it
by all means be as unitarian as possible, provided always, that
under the tugis of this unity we can obtain protection for those
institutions which we wi.sh to preserve. According to the
projected Constitution, the dclegaticn of legislative and adminis-
trative powers can neither be brought from the Federal
38
THE NEW CONSTITUTION.
Govcrumcnt nor from the people. But the attributes of the
several legislatures and goverameuts are to be distinct one
froua the other, and must be concurrently given by the same power,
the Imperial Parliament, in order that, v. hen the time has come
for us to take up our position in the family of nations, we shall
find ourselves in a position perfectly justifiable.
We accept Confederation instead of a Legislative Union, not
from choice, but from necessity, because ^ye find it to be in out
interest. This solves another problem framed by us in 1858 : —
'■ What can be the object of a Federal Government in our colonial
' condition, subject as we are in legislative matters to the Imperial
' Parliament ?'
We put this question, because we did not then feel that irresisti-
ble force which seemed to lead us towards constitutional changes,
and because we did not then reflect upon the probability of the
arrival of a period of colonial emancipation, at which this general
government, which in our present state of dependence is not now
necessary, would take the place for us, now occupied by the Mother
Country. If we had the privilege of waiting and reflecting, even
for a certain time, we know that wo are not working only for the
present but for a future, and perhaps for a future close at hand,
and for this reason the cstablishmeYit of a Federal Parliament and
Government can b fully justified. Nothing but such circum-
stances could possibly justify ii<» ; there is evidently a power of
cirumstanoes which compels us, in a limited time, to make a
selection to-day among two or three modes of colonial, and perhaps
to-morrow, between two principles of national existence.
QUEBEC CONFERENCE.
39
of tlie
net one
0 power,
as come
via shall
lion, not
e in OUT
1858 :—
r eolonial
Imperial
, irresisti-
changes,
ty of the
is general
} not now
le Mother
"g, even
for the
at hand,
meut and
circum-
power of
make a
perhaps
' ^rotedioit la ^peculiar |nslitulians/
CHAPTER IX.
' How would ■wo find the greatest protection for Roman Catholi-
cism, a French nationality, the institiitious and the general ma-
terial interests of Lower Canada? By adopting the plan pro-
posed by thu Quebec Conference ? Rj a Federal Cnion of both
Canadas ? Or by maintaining the existing Union ? '
IN 1858, we wrote : ' In a Legislative or Federal Union of all
' the Provinces, what part would be taken by the religious
' clement ?
' If we submit the question in this form, it is not only because it
' has thus been put elsewhere, but because we deem it to be neces-
' sary to regard it that light, the least approachable and the most
' perilous of all.
' The religious element is the most volcanic of all the social
' elements ; an eruption may take place at any moment, at a time
' when you least expect it, and its burning lava is only cooled by
' the blood of its own victims.
' The part to be assumed by the religious element in the Union,
' may, therefore, be very considerable or almost null, according to
' circumstances, and the causes which may exercise influence upon
* it. "We are peaceful, wc are friends, we are brothers, we are
' Christians, we are in fact, sometimes inert ; but at an unforseen
' moment, a spark carelessly thrown into our social edifice, which
' is always combustible, might cause a conflagration which could
f not be extinguished. Thus wc must look around us, not with
' the view of demolishing (God forbid I), but to take measures
' to prevent our annihilation by a destructive element.
* It is therefore evident that in the interests of society, the
' religious element, owing to the dangers to whicu it may give rise;
* should on no account be allowed to assume a political part. Of
' course we epcak of those passions and religious animosities as op-
' posed to the Constitution from motives of triumph and domina-
* tion, and not of faith. Without the latter, the people would be
40
THE NEW CONSTITUTION.
' in an unfortunate position, because deprived of hope, that only
* fortifying consolation for the being gifted with thought, he could
' only expect when his miseries are over, darkness and unexplored
' space.
' But in addition to that which is desirable, side by side with
' that reason which would seem to advise that the religious element
' should have no place in the Constitution, we know that there are
' societies which exist with their indestructible ingredients and
' constituent parts, with their passions, their dogmas, their pre-
' judices, and with opinions as varied as the stars in the sky.
^ Reason asserts one thing, practice another ; and we have ex-
perience in those gloomy teachings, from which no country has been
' spared ; therefore, we now understand that it becomes necessary
' to examine this Union of the Provinces from a religious point of
' view.
' The religious element will not be comprised in the letter, but
' it will be in the spirit uf the Constitution. It will become mixed,
' in spite of every precaution, with the legislation and the ad-
' ministration of the day, and in the same manner as in chemical
' combinations, the stronger ingredient will surely prevail, what-
' ever may be done to paralize its effect.
' The Constitution of the United States distinctly provides that
' no religious test will be a condition of elegibility for public cm-
' ployment, and nevertheless the whole machinery seems to be oiled
' with Protestantism,
' A short time after the conquest of Canada, the Euglifih colonies
* of America, now the United States, presented a petition to the
' Mother Country praying that the French Canadians might be de-
< prived of the enjoyment of the religion of their fathers. Franklin
' himself signed this document^ replete as it was with fanaticism and
' intolerance; but, when these colonies rcvoltec' ^d invited Canada
' to join them, as an encouragement, they offern, ^ religious liberty.
* They adopted the principle in their Constitution, as they stipu-
* lated for the right of Canada to form part of their Confederation.
' These two ideas formed a corollary one of the other ; but ex-
< perience has proved that this generous provision has not effaced
* in practice the feeling which prompted Franklin.
QUEBEC CONFERENCE.
41
that only
, he could
nexplored
side with
IS element
, there are
iicuts and
their pre-
sky.
3 have ex-
y has been
necessary
■S point of
letter, but
me mixed,
d the ad-
1 chemical
rail, what-
vides that
public cm-
to be oiled
sh colonies
ion to the
ght be de-
Franklin
ticlsm and
ed Canada
)up liberty,
hey stipu-
^ederation.
but ex-
lot effaced
I '
' Thus the religious element must, in any case, play its part in a
' Constitution, and no one should be surprised who observes the
' bitterness with which o'xr religious and Catholic institutions are
' systematically attacked in our present Legislature, that we should
' ask, actuated by a feeling of alarm : "What will be in the Union
' of all the Provinces, the respective numerical strength of Catho-
' licism and of Protestantism ? '
These are still our opinions, because they are based upon the
experience of every age and of every country.
No one can deny the importance of the part taken by the religi-
ous element in sacred history, dating from the Egyptian era ; in
Rome, where paganism and Christianity fought against each other
during three centuries and a half; in the seventh century, under
the terrible and designing Mahomet ; in the eighth century, in that
vast empire governed by Charlemagne ; in the twelfth and thir-
teenth in France, in the wars waged against the Albigenses, and
in the European crusades against Islamism; in the sixteenth,
when the reformation, taking its rise in Germany, spread over
Scandinavia, a portion of Switzerland, England and Scotland ; and
in our days, the influence of the element is still felt in China.
India, a portion of Turkey, Russia, Poland, England and Ireland.
"We thus find that the history of the whole human race justifies
our opinion, and to put aside this important aspect of the question,
from a false sense of delicacy, would be to neglect, in a culpable
manner, the obligations and the responsibility of the publicist and
the statesman.
Moreover, the idea which now creates anxiety with us, as Catho-
lics, also engages the attention of Protestants in an equal degree.
We are all aware of the important part assumed by the religious
clement in the formation of a constitution, and each creed claims
from another the greatest possible share of protection. Therefore
no religious sect can be accused of egotism and intolerance, when
instinctively compelled, for 'the purposes of preservation, to seek,
under the roof of a constitutional edifice, a shelter from all possible
storms.
The same instinct actuates nationalities, who, anxious for the
e2
42
THE NEW CONSTITUTION.
future, seek to know whether they can be at ease, can live and be-
come freely developed, in a new state of political existence. The
text of our article presents itself to us under two diiferent aspects;
that of general organization and that of local organization. "We
must therefore consider the measure of protection that would be
afforded to our relig'ou and our nationality, as French Canadians,
how these important interests would be protected under local
organizations, and what would be the legislative and governmental
forms which would thus protect them.
Have we under our present constitution more protection for
Catholicism and our French nationality than we would have in a Con-
federation of the Provinces, or in that of the two sections of the
Province of Canada ? This is a complex question which deserves
our serious consideration.
With our present mixture of Catholics and Protestants through-
out the Provinces, Catholicism, far from being the stronger, does
not even exercise in our Legislature an influence in proportion to
its numerical force. Thus Catholicism, which counts 1,200,865
souls in the union, is only represented by 52 members in the
Lower House, while Protestantism, which counts 1,305,890, is
represented by 78 members. If the two religions were represented
in equal proportion, there should be a proportion of 62i Catholic to
67^2 Protestant Representation. Lipper Canada, which, according
to the Census of 1861, contained 258,051 Catholics, only sends
to Parliament 2 Catholic members.
With regard to origins, there is a still greater disproportion :
French, 883,508 j English-speaking population and others, 1,623,-
187. We thus find that the French race is not much protected by
the Constitutional Act of 18-10, and that it cannot be blamed for
seeking a new state of existence which will further guarantee
it against the possibility of future contests.
The Confederation of the two sections of this province, or that
of all the provinces, by giving us a local government which would
protect these privileges, the rights and the institutions of the minor-
ity, would certainly offer a measure of protection to us, as Catholics
and Frenchmen; much greater than the present union; because, from
our preae
always r(
not acce]
both maj
not foun(
We sts
two aspec
and that
local orgj
religion
governm(
It is (
Canada i
general g
them, Co
over, the
project o:
rights, as
Withr
of the P
Confederi
it could 1
have offei
with the
when the
nations.
If we i
questions
mind wit
of unity
tion of t
neither a
nor do w(
demand i
It does
blood am
QUEBEC CONFERENCE.
43
our present position, as a religious minority, we would become, and
always remain, a national and religious majority. But we would
not accept a system which would not protect, in the same ratio,
both majorities and minorities : nothing can be enduring that is
not founded on justice.
We stated in the beginning of this article that in this question
two aspects were presented to us for consideration : that of general,
and that of local organization. We have treated the question of
local organization, and it now only remains for us to shew how our
religion and nationality would be protected under a general
government.
It is evident that as a local constitution is given to Lower
Canada in order to protect our peculiar institutions, and as the
general government cannot therefore exercise any influence over
them. Confederation cannot possibly endanger them. And, more-
over, the French language, the only subject of alarm, has by the
project of tho Conference obtained the same protection, the same
rights, as it now possesses under the union of the Canadas.
With regard to this protection, a Confederation of the two sections
of the Province of Canada might have been as favorable as a
Confederation of all the Provinces of British North America; but
it could not be more favorable. At the same time, it would not
have offered the same advantages in every other respect, and that
with the former we should not have been as advantageously situated
when the proper time had been reached to enter into the family or
nations.
If we insist so strongly upon the consideration of these delicate
questions, it is because there are doubts and fears in the public
mind with regard to them, and because the success of the principle
of unity in British North America depends upon a close examina-
tion of them. Our intentions must not be misunderstood : we
neither ask for the exclusion of other origins and other religions,
nor do wo seek for any privileges in our own favor. All that we
demand is that our institutions may not be annihilated.
It does seem to us that, for a nation that has bequeathed so much
blood and liberty to the new world, we are not asking for too much,
44
THE NEW CONSTITUTIOM.
and it is scarcely right that in somo quarters we should be inter-
preted in a spirit of bitterness and anxiety. Therefore we say,
that the Quebec Conference, practical in its object, just and liberal
in its intentions, clearly understood the duty imposed upon it, and
decided the question without hesitation, without opposition, and
•without murmuring.
Now, if we approach the question of material interests, and if,
as we think we have shewn more than once in this series of articles,
that we were compelled to make a choice between two alternatives,
apart from annexation to the United States — the Confederation of
the two sections of the province, and that of all the colonies of
British North America — nothing now remains but to ascertain'
under which of these two conditions of political existence we would
find the greater protection for those interests which are now the
subject of discussion in Upper Canada, New Brunswick, Nova
Scotia, Newfoundland and Prince Edward Island. In Lower
Canada we are less anxious, because the material question is
equally interestir j to all the races that inhabit this ficction of the
Province.
Until lately, we admit that we were more favorable to a Con-
federation of the two sections x)f our province than to the larger
confederation, because, up to that time, we had no ambition for a
separate nationality, and we imagined that in the former plan we
would find more protection for the interests of Lower Canada.
We acted as if we were opposed to actual enemies, and, with good
tactics, we desired to have the least possible number of enemies
arrayed against us ; but since then, our relations with the eminent
political men of the Maritime Provinces have convinced us that
many apprehensions and many motives of resistance are no longer
justifiable.
A feeling of equity undoubtedly guided all the proceedings of
that Conference. There appeared to be sympathy for Lower
Canada, although justice was meted out to all. Can it be that
because we were numerically in a minority, and that the instinct
of self-preservation kept the weaker in a solid phalanx with a view
"to protection against a large majority, that we were thus dealt
■with?
'I
QUEBEC CONF»^ HENCE.
45
Id be inter-
ore we say,
i and liberal
ipon it, and
3sition, and
ssts, and if,
3 of articles,
alternatives,
jderation of
I colonies of
;o ascertain'
ice we would
are now the
wick. Nova
In Lower
question is
ction of the
le to a Con-
) the larger
bition for a
ner plan we
ver Canada.
1, with good
of enemies
the eminent
iced us that
re no longer
Dceedings of
for Lower
a it bo that
the instinct
with a view
thus dealt
I :>
Let it be understood, there can ouiy be the question of material
interestj at stake in this matter, because all others are protected
by the system of local governments. Now, in the project of the
Conference, as regards those interests, we hold the balance of power
between the contracting parties. An Upper Canada newspaper so
well understood this, that a calculation was published in its columns
tending to prove, that in thirty years that province would contain,
a larger population than the whole of the rest of the Coufederation,-
and thus would be in command of the position.
The compiler forgot one very important item. Let us supposc-
(and of course history does not justify the supposition) that the-
population of Upper Canada should double every twenty years, and
that the number of its members in the Lower Chamber of the Union
in 1894 would be greater than that of all the other provinces
united, it is not the less true that our represc; lation in the upper
house, possessing equal powers, in fact a counterpoise of the other,
will have a deliberative voice, and will possess the same power in
the National Parliament. Thus, in the Upper Chamber, Upper
Canada can never have more than 2-i votes, and we shall have 24,
while all the Provinces, minus Upper Canada, will have 52 votes.
If Upper Canada therefore, may at some future day possess
numerical preponderance in the Lower House, it must always be
our equal in the Upper House, and the question of number will
always remain intact, according to the Constitution.
It is therefore evident, that in a material point of view, we
would be in a better ^ osition in a Confederation of all the Pro-
vinces, than in a Federal Union of the two Canadas, because, in the
latter we would be 24 to 24, and a change of one vote might place
the majority of the Legislative Council on the side of the majority
of the Lower House, and thus give preponderance to Upper Ca-
n.\da. In a Confederation of all the Provinces, it will require a
change of 28 votes to give that preponderance. Thus, we have
nothing to fear fr u the adoption of the latter alternative.
Moreover, no circv'mstance and no cause could unite iu a com-
pact body all the representatives of Upper Canada, either in the-
Upper or Lower Chamber, because experience teaches us, by
4G
THE NEW CONSTITUTION.
reading the pages of history, that political parties will always
exist, and will pay but little attention to territorial distinctions.
Material interests do not always recognize territorial divisions, and
the avenues of commerce are rarely confounded with geographical
limits. We observe this in Central Canada and the Ottawa
District, the commercial and industrial interests of which are
almost identical with those of Lower Canada. "Who will contend,
with a map of North America in his hand, that the material
interests of the Maritime Provinces are not more with us than
with Upper Canada ? We can therefore conclude, without
hesitation, that a Ci. tifcderation of all the Provinces would be
more advantageous to us than that of the two sections of Canada-
For all these reasons, we can fairly conclude, that this peculiarity
of the situation will produce a feeling of mutual justice among the
weak and strong elements of the new political combination.
With this article, we terminate our general observations, and
we shall now enter upon the question of details.
©jjc Solution of tfje |!roljIem.
CHAPTER X.
'If the favorable moment had been reached to remodel the Constitution,
have the men who undertook the task arrived at the best possible
solution under the circumstances?'
THIS question comprises the whole project of the Quebec Con-
ference; it becomes therefore necessary to subdivide it into
as many heads as there are important points to consider in that
project.
The Delegates lay down the following principles: —
' 1. That the best interests and present and future prosperity of
' British North America will be promoted by a Federal Union
will always
distinctions,
ivisions, and
geographical
the Ottawa
P which are
nil contend,
;he material
yith us than
Je, without
s would be
s of Canada-
3 peculiarity
e amon«2; the
ition.
vations, and
Constitution,
best possible
uebec Con-
idc it into
iJcr in that
osperity of
eral Union
QUEBEC CONFERENCE.
47
' under the Crown of Great Britain, provided such Union can be
' effected on principles just to the several Provinces.
' 2. In the Federation of the British North American Prev-
< inces, the system of Government best adapted under existing
' circumstances to protect the diversified interest of the several
' provinces, and secure eflBciency, harmony and permanency in the
' working of the union, would be a general Government, charged
' with matters of common interest to the whole country ; and lo*al
' 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.
' 3. In framing a Constitution for the General Government, the
I!onference, with a view to the perpetuation of our connection
' with the Mother Country, and to the promotion of the best in-
' teresta of the people of these provinces, desire to follow the
' model of the British Constitution, so far as our circumstances
' will permit.'
After having discussed several plans of union, with their differ-
ent condition;^ of existence, we have proved that Federation was
undoubtedly the system most likely, in our position, to protect us
and to secure our prosperity. We have established, that either a
Legislative or Federal Union of all the Provinces had become a
political necessity required by our circumstances, and a wise
measure to adopt, preparatory to our passing from a state of colo-
nial subjection to that of national emancipation. Nothing new
remains but to consider whether this union can be justly accom-
plished with so many different cloments and distinct interests.
But it miy seem that the words * under the British Croion'
should suddenly put a stop to our national aspirations, because
they establish imperatively, a perpetuity of the colonial condition.
In order that we may be understood, let us state, that we do not
lay much stress on our aspirations, because nothing would be more
agreeable to us than to sec a perpetuation of a state of things
whinh has hitherto secured to us so much happiues.s, protection
and liberty ; and the longer we enjoy the privilege of the guar-
dianship of the Mother Country, the better shall we bo prepared.
48
THE NEW CONSTITUTION.
;l, I . ■
iM;
for a time which must necessarily comej again we say^ we do not
speak of aspirations, but write in anticipation of our future, accord-
ing to the opinions offered on that subject by the statesmen the most
eminent and the best authorized to speak on the part of the Mother
Country.
If the Federal principle is the best adapted to our circumstances
and our wants, has the system of Confederation proposed by the
Conference been wisely seleci c J and carefully considered ?
Is the preponderance of the unitarian principle which is therein
found a sound one? Is it better adapted to our interests, judging
by experience, than the principle of State Sovereignty? Is
it preferable to a delegation of power from the people *'^ the
•rulers, a division and a scattering of our nation^,, forces,
— and are our local interests in danger ? Is the British system of
pavliumentary government in our present social condition, and under
circumstances that may lead to Confederation, better for us, than a
Republican] form of government, which has been tried elsewhere
during the past seventy-five years, and the experience of which we
all possess ?
Wo reply to this question in the affirm tive. The project of
the Quebec Convention, as a whole, has been wisely prepared. The
principle adopted, that unity shall be the preponderating clement
in the Constitution, with certain stipulated conditions, is preferable
in every respect to State Sovereignty and a delegation of power by
the people to the rulers. We repeat, most positively, that the
British system of parliamentary government is far preferable to the
radical republican form of government adopted in the United
States.
What do we find in this project of the Quebec Conference which
wo propose examining at every point, and of which wo shall give
a general description before entcri ^^ into details? Wo find a
government and a parliament that exist within their own attributes,
and which, without having the power to delegate, possess never-
theless without obstacles and without foreign control, an absolute
sovereignty over the vast circle of those peculiar attributes, Indo-
{)endont of control, they command or direct — public order, the
QUEBEC CONFERENCE.
49
we do not
re, accord-
Q the most
he Mother
umstances
ed by the
[?
is therein
s, judyini^
ijnty ? Is
)le *'^ the
ii«. forces,
, dyhtem of
and under
U3, than a
elsewhere
which we
project of
red. The
clement
preferable
power by
that the
ble to the
LO United
ncc which
shall give
Vo find a
ittributes,
jss ncvor-
absoluto
cs. Indo-
)rder, the
national debt, the budget, trade, tariffs, internal and external taxa-
tion, national loans, postal service, the census, our defences, the
fisheries, navigation, coinage and currency, banking, interest, the
criminal law, and with some exceptions the civil code.
In this system we find something approaching national unity,
but wc also find organizations independent of the general compact,
which hold their attributes perfectly independent of the general
government, having obtained them from the same source as the
general government and parliament ; local organizations quite able
to take charge of local matters, with an allowance of public funds
distributed amonjj the provinces for local objects, quite sufficient
for our purpos!c.s,if economy and wisdom preside over tlic adminis-
tration of our sectional governments.
In our present position, and with our present wants, we require
a general organization, with a power of cohesion which will assure
protection for us in the future against foreign aggression or a dis-
solution of the elements which constitute our national strength,
similar to that which has broken up the United States of America.
We also require perfect security and protection for those local ins-
titutions which we have hitherto preserved in the midst of all
dangers as something sacred; institutions which have passed intact
through the most stormy periods of our history, and that no hatred
or ill-will could affect.
Either we possess this powerful organization iu the Constitution
offered to us on the principle of unity, or wc have it iu that
security and that protection granted to us in local governments
and in local legislation; we are therefore in a better position than
under the existing union.
To admit State Sovereignty and the privilege of delegating
power as the basis of a general Constitution, would be to assert
the right of secession ; it would be to introduce into the system a
germ of dissolution which would, sooner or later, produce fatal
consequences.
With the principle of State Sovereignty, iu a case of danger,
national unity might be preserved, rs the American Union has
been saved by a military despotism, or, as iu 1812, the National Gov-
'l::i^|
50
THE NEW CONSTITUTION.
;■■■-'■•
;»!l i.
'!
I:''. -
I' 3
Ml
ernnient miglit be paralyzed in its action by the ill-will of the dif-
ferent states.
In the Unitod States, in order to prevent the mutual absorption
of the different elements, a Supreme Court was created, superior
to the Constitution, whose mission it was to preserve that Con-
stitution and to bring back any erring elements ; but the Judges
of the Supreme Court of the United States, as public function-
aries, feeling in their position the necessity of strengthening the
General Government, gradually undermined the Constitution iu
favor of unity and national strength, as well as the attributes
reserved by the different states when they delegated certain
definite powers to the Central Government.
Previous to the war, these judges had not dared to maintain
that the President or Congress of the United States could touch
the constitutions of the different states, or fundamentally change
their local institutions. They now permit the exercise of this
power. Is it because no complaint is made, or because they think
that Federal interest should overrule a constitution which was
freely consented to by a Congress of all the States ?
We are not prepared to affirm, against the teachings of history,
that a civil war is not possible in' a country cons tituted on the
principle of legislative and administrative unity, bccausa national
difficulties may for several reasons be brought into existence, and
nothing human can last forever ; but at least, we should, when
we have the power to do so, establish a political state of existence,
avoiding dissolvent principles, particularly if we wish to live and
perpetuate that state of political existence. Now, the dissolvent
principle in the American constitution is that of State Sover-
eignty, which permits the old Southern Colonies to maintain
slavery intact, and which forbids Congress to interfere.
Slavery is a social question, and consequently ono of public
order ; it should therefore have been placed under the control of
the Federal Government and Parliament.
A reply may certainly be given to us iu accordance with an opinion
which wc have ourselves frequently expressed, that the American
Contftitution of 1780 was a compromise. In order to accomplish
i
! M.
fthe dif-
ibsorption
[, superior
that Con-
be Judges
function-
icning the
;itutioa in
attributes
id certain
) maintain
luld touch
lly change
lise of this
they think
which was
of history,
ed on the
id national
tence, and
)uld, when
existence,
live and
dissolvent
ate Sover-
maintaiu
of public
control of
1 au opinion
American
aoconiplisU
QUEBEC CONFERENCE.
61
the union of the several states that had but lately gained their in-
dependence, and that were guided by instincts and were under the
dominion of institutions utterly opposed to each other, it became
necessary to make many concessions, even to silence the impor-
tant term of slavery, and the states, several of which had
desired admission into the union, would not have consented to
accept it unless the right of State Sovereignty were admitted.
All this is true ; but because it is true, and that we are differ-
ently situated, with the means of avoiding the dangers that are to
be found in the American Constitution, we should have the lirm
wlU to ward them off, and to constitute our national future on a
firmer basis, with move homogeneous elements, and on principles less
liable to dissolution.
If we had not our own experience of the working of public
affairs during twenty-three years, under the most difficult circum-
stances, to guide us in our appreciation, we might say, with history
before our eyes, the monarchical, with an admixture of the de-
mocratic principle, — in other words, parliamentary government — is
preferable, in every respect, to the republican form of the govern-
ment of the United States. It gives greater guarantees against a
despotic exercise of power, with a greater amount of protection and
liberty to individuals, while it affords the people a more immediate,
spontaneous and certain control over the administration and legis-
lation of the hour.
But in order that this system may be thoroughly efficacious, in
order that it may be able to resist those formidable ordeals that
have destroyed so many throncs]|and have broken up so many con-
stitutions, it must be essentially British in its object, in its spirit
and in its operation. The constitutional powers of the state*
although perfectly distinct, must possess some elasticity to save
them from manifold dangers, and to allow of occasional tension
without a chance of being violently broken; the Executive, sur-
rounded with the respect and veneration of the people, should
have the upper hand, under their responsible control. It becomes
also necessary to avoid, both with rulers and people, the existence
of permanent obstacles, opposed to the expansion of matured
52
THE NEW CONSTITUTION.
national opinion ; in other words, there should be a mutual power
to destroy such obstacles, the power of dissolving parliament
remaining with the rulers, that of dissolving administrations and
of replacing them by men enjoying the confidence of the public,
remaining with the people. A system of government for the
interests of the people should be csscntiaUy conducted by the will
of the people.
In the American system we do not find liberty with order; that
necessary elasticity and that constant and spontaneous control by
the people over the administration of the day. It is true that the
head of the Executive is there elected by the people, but during the
period of his presidency he is absolutely independent, and may
exercise his power in a despotic manner; during four years he
may defy popular opinion as manifested by the representatives of
the nation, under the pretext that he also is elected by the nation,
and that he has no account to render to any public power during
his occupation of that presidential chair.
On the other Imnd, under circumstances of imminent danger,
requiring legislation, he may be right and his parliament may bo
wrong ; public opinion may be in his favor, but he may be para-
lized in his executive action by the ill-will of the representatives
of the people, who have the constitutional right to say, ' Mr. Presi-
' dent, like yourself, we have been directly elected by the people,
* to that power only are wo responsible, and we are the best judges
' of our own legislative acts.'
Under such a system, it is not surprising that serious conflicts
should arise in public affairs, and that the machinery of govern-
ment should be frequently clogged. The history of the American
Ecpublic rurnishes many examples of this unfortunate diiiioulty.
Let us now cast our eyes towards Great Britain. In that em-
pire, the person of the Sovereign is held sacred, and that Sovereign
'can do no wrong.' The men without whom no governmental
action can bo taken, may err, mal-admini.strato, and may even be
guilty of malversation, but they are subject at any time to the
consequences of their double responsibility to the Sovereign and
the people, while they can be reached at any moment. Should
of
1^ M
QUEBEC CONFERENCE.
53
iitual power
parliament
nations and
the public,
ent for the
by the will
3rder; that
control bv
ue that the
during the
t, and may
r years he
sntatives of
the nation,
ver during
nt danger,
jnt may be
y be para-
3sentatives
Mr. Presi-
lie people,
est judges
3 conflicts
)f govcrn-
Auierican
iffifulty.
1 that cm-
Soveroign
rnmcntal
even be
lie to the
lelgn and
Should
they give erroneous advice to the Sovereign while in charge of the
public affairs of the empire, they are liabl:- to be excluded from
the Council, and others are selected who are wiser and more popu-
lar ; and the people, through their representatives, have the right,
at any time, to address the Sovereign in these words : * The men
* who surround you in the councils of the nation do not possess
* our confidence' As a natural consequence, public men so con-
demned, must give way to others who enjoy the greater confideiice
of the people.
If there be conflicting opinions between the chief of the Execu-
tive and the representatives of the people, on the subject of se-
lecting the advisers of the Crown, the former uses the right of dis-
solution in order to appeal directly to the people, but always and
solely with the view of learning the will of the latter, and to ac-
complish their wishes. The most important events that have
occurred during the past few years, as described in the pages of
British Constitutional history, fully inform us on this point. If
ever England could fairly entertain any fears for its Constitution,
it was certainly at the time, when Catholic emancipation and the
Reform Bill were subjects of serious agitation ; when a mon-
arch, imagining, that by conceding the former measure he
might violate his oath, and that in accepting the latter he incurred
the danger that the democratic clement might cause the overthrow
of the throne of Great Britain, and he resisted with firmness that
principle so dangerous to the existence of a Monarchical Constitution.
But in this Constitution there was a vital and elastic principle
which saved it, and the Sovereign, finally convinced that he
governed for the people, and that the right of veto was cnly given
in order to enable him to express his will, after mature delibera-
tion gave way and thus saved himself and the Constitution. This
vitality and elasticity, and the principle of double ministerial re-
sponsibility are so well worthy of consideration, that even when a
king was beheaded on the scaffold the throne remained with its
Monarchical Constitution more stable and better respected than in
tho days of despotism.
Should we therefore be blind enough to ignore such examples
I
54
THE NEW CONSTITUTION.
,■ > I.
!■,.<
ii^^
jX;*
,ii . 'l
and such teaching, in order to make trials that have been fruitlessly
attempted elsewhere, and that instead of conducting us to liberty
with order, would forcibly bring us either to a despotism in the
hands of one man, or the despotism of the masses, — the latter more
terrible and more odious than the former.
Soljtreigntg.
CHAPTER XL
rilllE fourth paragraph of the project states, that the Executive
X authority shall be vested in the Sovereign of the United
Kingdom of Great Britain and Ireland, and be administered either
by him or by his representative according to the well-understood
principles of the British Constitution. This paragraph being
the corollary of the third, which wc considered in our last article,
requires no further explanation. The fifth provides, that the
Sovereign or rcpresentfitive of the Sovereign, shall be Couimander-
in-Chief of the land and naval militia forces. The sixth establishes,
that there shall be a Genural Parliament for the Federated Pro-
vinces, composed of a Legislative Council and a House of
Commons.
These is nothing worthy of special consideration in the 7th, 8th
and 9th paragraphs, which provide for the division of the repre-
sentation in the Legislative Council among the Provinces, and
establish the territory to be submitted to the control of the new
constitution. AVe have elsewhere sufficiently established the equity
of the principles upon which this arrangement is based, and the
importance for us in every sense, of furnishing to the nation that
wc arc about to create, a vast territory possessing resources con-
taining all the elements of power, greatness and prosperity.
JNIr. Gait, in his speech at Sherbrooke, spoke as follows : —
' In
' woulc
' Manyl
' as str
' and c(|
* tants, I
' be, wlj
' numb(|
' extenc
' line tl
< speakil
' throuj!
' west,
' whole
• we mi
' whcth(
< to sec,
' em pai
' respect
' and pn
• ' from E
The I
QUEBEC CONFERENCE.
55
th, 8th
lepre-
, aud
e new
' In point of population the Provinces of British North America
' would form, if united, a very respectable power in the world.
' Many countries which boasted of kings and emperors were not
' as strong or as great, cither in population or territory, in trade
' and commerce, in industry or in" the intelligence of their inhabi-
' tants, as the united Provinces of British North America would
' be, when united under one Confederation. V/ith a population
' numbering now nearly four millions of people, with a territory
' extending from the Atlantic to the Pacific, with a larger coast
' line than that of the United States, with a river, commercially
' speaking the greatest and most important in the world, passing
' through the centre of our country, connecting the east with the
' west, and bearing on its bosom the trade and commerce of the
' whole interior of this great continent. With all these advantages,
• we might look forward to a future for this country, which,
' whether we lived to see it or not, our children would rejoice
' to sec, and feel that a power was being established on the north-
' em part of this continent, which would be able to make itself
' respected, and which, he trusted, would furnish hereafter happy
' and prosperous homes to many millions of the industrial classes
• ' from Europe, now struggling for existence.'
The London Times agrees with Mr. Gait in his appreciation of
the greatness in store for us. The following are its words : —
Z ' The last mail from Canada has brought us the resolutions
' finally agreed to by the meeting of delegates from five pro-
' vinces of British North America — resolutions destined to lay
' the foundation of a future empire. No public act of our time
' deserves more careful and respectful attention than this re-
' markablc and unique proceeding.'
In order to convince ourselves of the truth of this statomont,
let us glance attentively at the map of British North America,
and measure the extent of territory which, under the project,
is to be submitted to the control of the Federal Government.
We know that Canada alone possesses a territory of 350,000
.square miles, — one-*hird more extensive than France, three times
larger than Great Britain aud Ireland, and thrca times more ex-
m
' -,:-•>•. <OV:;.
36
THE NEW CONSTITUTION.
i#
■i.; . .
. 1
tensive than Prussia. An J what is Canada, in extent, compared to
the Western prairies, the area and fertility of which can scarcely be
appreciated or judged even with reports before us furnished by
Mr. Dalla.j, Governor of the Hudson's Bay Company, and Dr.
Rae, an old factor, well known from his reputation as au
astronomer and as having discovered the remains of Franklin and
his unfortunate companious. The latter, instructed to attempt
the discovery of a pass through the Rocky Mountains for
the Trans-continental Telegraph Company, states : ' That
* the j.li\'er Saskatchewan is a great public highway, flowing
^ through immense fertile valleys, in which wheat and barley
' might be grown in abundance-.' Mr. Dallaft alludes to it in the
following word.s : ' The whole country is more or les.^ eminently
'adapted to colonization. Two jcars ago, I rode on horseback, in
^ the month of August, over the greater part of that country.
' We had to wade, as it were, knee deoo through tares and fitch,
^ I there saw horses and oxen as fat as any I ever found on the
^ best pasturage grounds in England. These animals had passed
* the winter in the open air without a mouthful of hay. This
' will give a better idea of the climate here than if I were to fur-
nish the variations of the thermometer.
' 1 look upon this conutr}'- as well adapted to settlement, and
' extraordinarily healthy. Everything seems to thrive here ; the
' wheat crop is of course rather uncertain, but all other cereals
' and vegetables attain the same perfection that they do in
' England. Towards the north we find an area of timber laud
' and undulating prairies, which extends over the whole country.
' The lakes and rivers abound with fish, --ind the prairies with
every spc?irs of game, &c., &c.'
The distance between the two extreme points of this territory
between the two oceans, is four thousand miles, and a superficies
of four million square miles is comprised within that area ; the
country is irrigated in every direction by large and navigable rivers
and inland seas.
Mr. Gait has been blamed for stating that it is an advantage
for a country to possess an extensive sea-coast and ample means of
old
QUEBEC CONFERENCE.
^7
mparcd to
icarccly be
iislied by
and Dr.
)n as an
inklin and
,0 attempt
Qtams for
: ' That
\f, flooring
nd barley
it in the
eminently
rscbctck, in
it country.
and fitch.
nd on the
had passed
|iay. Thih
ere to fur-
ement, and
) here ; the
ler cereals
they do in
mber land
e country,
■airics with
lis territory
superficies
area ; the
srablc rivers
advantyge
»le means of
internal water communication. The maritime nations of the old
and new world do not concur in this opinion ; on the contrary, they
beliere that the development of the resources of the sea-coast
favors foreign and domestic commerce — the coasting trade, on the
one hand, favoring' our domestic commerce, while our shipping, in
their voyages from port to port, favor our relations and exchanges
with foreign nations.
The Provinces of British North America have an extensive sea-
coast, and internal means of water communication of great length,
with foreign trade valued at §137,447,567, and tonnage, including
the coasting trade, at $11,859,934.
If the river Thames has created the Citv of London, and if the
sea-coast of England has been the means of making it a maritime
and commercial country, what may we not expect from the
magnificent coast and harbors of the Atlantic and Pacific Provinces;,
the Gulf and Elver St. Lawrence, the Saguenay, the Ottawa, the
St. Maurice, the Lakes Ontario, Erie, Huron, Superior and Win-
ncpeg with the two branches of the River Saskatchewan (the twa
latter offering navigable waters 1800 miles in length), with other
rivers and lakes which irrigate and fertilize the diff'erent parts of this
colossal territory?
It is therefore evident that a misfake has been made in
confounding the extent of our sea-coast with that of our frontier,
the latter being an inconvenience, but one common to all countries.
CHAPTER XII.
'Tho Members of the Legislative Council shall be appointed by the Crown,
and shall bold office during life, «fcc., &c.; their appointment shall tak«»
place on the recommendation of tho General Executive Governinent,
upon the nomination of the respective Local Governniant3.'
TJON. Mr. Broavn stated, in Toronto, that this return to the
■*-^ old principle of nomination by the Crown, and the consequent
58
THE NEW CONSTITUTIOX.
\<r'^
'H
,1 •
■; ■ M
abandonment of the elective principle, was a con«ession made to
the Maritime Provinces. The Member for South Oxford belonged
to a minority which, in 1856, combatted and voted against the elec-
tive principle. He does not tell us whether the experience of the
working of the new system has in any manner modified his ideas,
and we are therefore compelled to believe that his opinions of
1864 are similar to those held by him in 1856. Those who have
been identified with the stormy periods of the parliamentary his*
tory of Lower Canada, will recollect under wht,* circumstances the
agitation commenced, to substitute the elective principle for
nomination by the Crown in the Upper House.
In 1820, Mr. L. J. Papineau spoke admiringly of the justice
and generosity of the British Government. In 1826, he spoke in
terms of praise respecting Sir Francis Bnrton, the representative
of the Sovereign. In 1827 however, he commenced a series of
attacks against the same executive power, which were destined to
be concluded by devastation, incendiarism, human hetacombs and
the destruction of that glorious constitution justly given to us by
Pitt in 1791, in spite of the opinions of the oligarchy, who were
desirous of governing and legislating for us.
In order to avoid direct conflicts, the Imperial Government
placed the Legislative Council, which was completely under its
control, between the popular branch and the executive. The
greater number of Legislative Councillors were selected from
among the members 'of the Executive, and thus the Legislative
Council was but a mere counterpart of the Govc-rnment. It be-
came almost impossible to legislate, because the Legislative Coun-
cil systematically rejected every measure sent up by the popular
branch.
In 1828, the Legislative Assembly sent Messrs. Cuvillier,* Viger
and Neilson to London as delegates. Mr. Neilson was asked,
when he appeared before a Committee of the House of Commons, to
describe the evil, and to suggest a remedy. He very natural'y
replied, that the evil was to be found in the obstacles placea ^y
* On referring to Jouruals of House of 1828, we find that the name of
CuTillier must be substituted for tliat of Papineau.
made to
belonged
; the elec-
tee of the
his ideas,
linions of
who have
ntary his-
:ances the
iciple for
ttc justice
e spoke in
■esentative
El series of
lestined to
combs and
sn to us by
, who were
overument
under its
ve. The
cted from
jegislative
Qt. It be-
tive Coun-
ne popular
ier,* Viger
(vas asked,
)mmons, to
J naturally
placea ,jJ
:be name of
QUEBEC CONFERENCE.
.^9
the Legislative Council in the way of all legislation, and that he
believed that the sole means of abolishing the evil was to intro-
duce the elective principle into that body. He, however, gave
that opinion as his own, prudently remarking that the population
which he represented did not agree with him on that point.
In 1832, aa Elective Legislative Council had become a panacea
throughout the country, and the prudence of its adoption was
agitated in the press, at public meetings, and on the floor of the
House. It was again asked for in the 92 resolutions of 1834,
and it was continued to be regarded as the saving plank in our
constitutional platform until the latter was broken by the shock of
rebellion and the brutal despotism of the day.
In 18-40, a new constitution was given to us. It was conceived
in injustice, and was intended by its authors to keep in a perpetual
state of subjection men who certaialy had committed errors owing
to the want of some constitutional light to direct them in their
path, but who, after all, were only guilty of desiring to possess the
immunities of British subjects, and with them, the privileges of
self-government.
Lord Sydenham, who had handed over the elections of Lower
Canada to his hired minions, having, as it were, spread terror
throughout the land, no doubt relied upon the stability of a con-
dition of affairs laboriously and astutely devised; but the session
of Parliament had scarcely opened, before that feeling of constitu-
tional liberty which laid dormant under the ruins of 1837 and
1838, became once more vivified by incompressible energy, and
the Governor General was forced to recognize, in the celebrated
resolution of 1841, parliamentary government with all its conse-
quences.
Lord Sydenham was soon gathered to his fathers. His successor
was Sir Charles Bagot, of cherished memory, who, accepting the
consequences of the Harrison resolution, offered the reins of power
to Messrs, Lafontaine and Baldwin.
If, after the death of this venerable man, we find hinderances
in the w"" of our constitutional progress and in the working of
parliamentary government, it is because Sir Charles Metcalfe, no
60
THE NEW CONSTITUTION.
•
i ^
■:t(
'J
'ifc
■'i'
doubt a remarkable and honest man, bad just arrived from India,
where he liad resided from his boyhood — far from a constitutional
atmosphere — with inveterate notions of arbitrary government, with
strong prejudices against the Executive Councillors given to him by
a parliamentary majority, and whom, with sincere conviction, he
looked upon as the enemies of the British Crown.
But these difficulties proved, in a still more forcible manner, the
power of the principle that had been conceded. Lord Metcalfe
was compelled to bend before that power in spite of his despotic
instincts and the prejudices imbibed in his education. He was
compelled to admit the control of ]*arliament over the administra-
tion of public afiairs. Under no other condition would Mr. Draper
consent to undertake the formation of his cabinet, and the last
replies of the Governor G eucral to the addresses that were pre-
sented by the people, are full of constitutional soundness.
Since tLe Union, the Legislative Council has never proved itself
to be an obstacle in the way of legislation, and wo have never felt
the want of changing its character in order to place it more in
harmony with public opinion. If any reproach could bo oifcred,
it would rather be because the Council had been too much in-
fluenced by the popular brunch, and sometimes legislation has been
hurried without the necessary thought and reflection.
Let us suppose that we had obtained an elective Legislative
Council previous to 1840, would the desired end have been
attained ? No, the effect would merely have been to change the
ground of the contest, and give to the Government two adversaries
instead of one. These could only be overcome by the strong arm
'of the Constitution, the right of ' veto ' and the Imperial sanction,
vrhich could always be relied upon.
C'T statesmen of that day, whatever may have been their merit
and ability, do not seem to have had any idea of parliamentary
government, because, no doubt owing to a prejudice instilled by
the experience of the past, men who accepted Heats in the Executive
Council were looked upon as traitors to the popular cause, and the
House of Assembly considered any apparent intention, on the part
of its members, ot furni.shiug the opinions of the Executive, as a
om India,
stitutional
mentjWitli
1 tobimby
miction, be
inner, tbe
I Metcalfe
is despotic
He was
dmiuistra-
Ir. Draper
id tbe last
t were pre-
s.
•oved itself
never felt
it more in
be offered,
I mucb iu-
u bas been
egislative
bavc been
sbange tbe
dversaries
itrong arm
il sanction,
leir merit
iamcntary
istillcd by
Executive
c, and tbe
n tbe part
it JVC, as a
QUEBEC CONFERENCE.
61
violation of its privileges, and as rendering tbem liable to ostracism.
At tbe present day, wbat a prodigious cbange do wc find in
public opinion ! Now, members of tbe Ministry in tbe House, never
can be sufficiently communicative, and tbey urc accused of want of
respect to tbe Legislature and tbe country, even if state reasons
compel theti to be silent.
Since 1841, tberc could be no serious contest between tbe two
brancbes of the Legislature, because tbe people, tbrougb tbeir
representatives, exercised a direct inlluencc over tbe admistration,
and therefore, tbrougb that administration, over the Legislative
Council appointed by tbe Crown. Tberc could consequently be
no motive to continue the agliatica in favor of an elective Council,
but certain public men, who had been identified with former
constitutional agitations, feared to be accused of inconsistency and
infidelity to their former opinions, if they did not continue to desire
that which tbey bad asked for in times gone l^y.
' Tempora mu tantiw ct matamur in illi's.' This great truth
is more applicable in tbe government of nations than in other
mundane affairs. And inconsistency does not depend upon refusing
to cbange our opinion when every thing around us becomes changed,
and when every thing encourages that change, but on the contrary,
in holding to those opinions when they can no longer be justified.
In order to be consistent, we do not eat when we are no longer
hungry, under the pretext that we were hungry before we ate, and
wc certainly do not have our coat cut according to a fashion f5r
years in desuetude, because it happened to be the fashion in the
days of our youth. It could, therefore, only be in politics that wc
could consistently eat without being hungry, and that we could be
compelled, at the risk of our honor, to perpetuate fashions which
have long been superseded.
The introduction of the elective principle into the Legislative
Council has not produced the desired results, because it id evident
that the selection made by tbe people has not, upon the whole,
been a happy one. The same zeal bus not been shown in these
elections as wo find in those for the Legislative Assembly, while,
as a general rule, the most able men have remained in the Lower
Jill
!i ; !.
62
THE NEW CONSTITUTION.
I
House. Perhaps it n. _ - be, that materials are wanting to form
two popular branches in an efficient manner, and that in any case,
the best share of talent would remain with that braLch in which
originates everything relating to our great material interests.
Perhaps also, it may be, that the electoral divisions are on two
large a scale, and candidates are alarmed at the labor and expendi-
ture rendered necessary ; or again, the difficulty may perhaps be
found in the restrictions placed by the Constitution itself on the
choice of the electors. We merely state the f^.ct as true, but we
believe that all these causes combine to produce present results.
In obedience to the dictates of public opinion, the writer of
these lines in 185G, composed with his own hand the Constitution
of the Elective Legislative Council ; and it is now with heartfelt
satisfaction and true conviction that he hails the return to the old
principle of nomination by the Crown under circumstances far
more favorable than in the past.
If there be any reason for the existence of a Legislative Council,
it is because it acts as a conservative element, — a counterpoise and
check on the hasty legislation of the people. All statesmen of
forethought of every country, instructed to perform the duty of
framing constitutions, have always provided for the protection of
the people against their own sudden fits of passion j moreover,
democratic predilections possess too much power in the United
^tates for us to deny the wisdom of checking them, in the interest
of that nation which we are about to create.
In the Legislative Council of the Federal Parliament will be
found the nominative principle with that of election ; the conser-
vative clement, which is absolutely essential, being included by
the wish of the people, and in which no obstacle can be found to
public feeling, matured by evidence, time and reflection.
In critical times the Members of the Council will recollect their
origin, and in their resistance to outward pressurei will only act
according to their own wi.sdom, and the dictates of public interest.
If, in the projected Constitution, there be found a guttrantee of
stability against popular outbursts, there will also be found a
guarantee of perfect iudcpeudeuce ugainst the servility o'' the
QUEBEC CONFERENCE.
63
g to form
in any case,
I in which
1 interests,
xre on two
id expendi-
pcrhaps be
jelf on the
rue, but we
it results.
iG writer of
jonstitution
th heartfelt
n to the old
istancos far
ive Council,
tcrpoise and
tate&men of
the duty of
rotection of
moreover,
the United
the interest
ent will be
;he consor-
ucluded by
JO found to
oUect their
ill only act
io interest,
larautee of
n> found a
ity 0*' the
administration of the day, in the first place, because of its popular
origin, and also, as it were still more efficiently, by the provision
made for a limit to the number of Councillors.
Everything therefore, proves that the Conference, in thus fram-
ing the project, have wisely reflected, while they have acted with
patriotism. Moreover, elections have in our day been of such
frequent occurrence, that the moral sense of the people has
become as it were deadened, and they now ask for elections of a
more reasonable nature, bettor suited to their feelings and wants.
There should be no misunderstanding with regard to the import
of certain facts. In abandoning the elective principle in the
Legislative Council, the people do not give up an inherent right,
because the elective principle in that body is of no more value ia
that respect than the nominative principle. They are merely two
different conditions in the formation of one branch of the Legisla-
ture, and a selection is to be f»'eely made from the two, through
the representatives of the people. The duty or right of the people
is to control the Administration of the day through their represen-
tatives, and to choose the mode by which the greatest wisdom and
reflection may be secured, without permitting the existence of a
power which may, at any time, stop the operation of the constitu-
tional machinery.
The motive which caused difficulty during the last years of the
existence of the Constitution of the year 1791, with regard to the
principle of election in the Legislative Council, no longer exists
and, at the present moment, the republican idea is to be found
prevalent only in the minds of our democrats, who would like to
sec it perpetuated.
The Minister for the Colonies is evidently opposed to the elec-
tive principle. He icars, liowcvcr, that in case of difficulty bet, veen
the two branches of the Legislature, the proposed system would
preclude the possibility of increasing the number of Legislative
Councillors.
The reason adduced for this limitation of the number of Coun-
cillors can bo easily understood; and without it, who would sanction
Confederation ? But the question of danger, as foreshadowed by
Mr. Cardwell, deserves close consideration.
64
THE NEW CONSTITUTION.
^3
v-s.
B^^
! ,■,-
• •■■
■I
I
■■ ■■>.,
;J*
t
Can it be established, that real danger can exist, because it might
happen that one branch of the Legislature would, and the other
would not, be elective ? Does it follow, that because the Legisla-
tive Council would be unchangeable in its will, as in its number,
that it could, at any time, completely interfere with Legislative
action, and absolutely defy public opinion or the public desire,
after a close and careful examination of circumstances by the
people of the country ?
There are two powerful reasons which lead us to a contrary opin-
ion ; the first is, that there are no interests in America foreign to
those of the mass of the people, and we have no castes to be dealt
with ; the second reason is, that even if the latter did exist, no
resistance could be possibly offered to the expressed will of the
people ; and the Legislative Council, if it were to abandon its role
of moderation and counterpoise, in order to obstruct the working
of our constitutional machinery, would inevitably be carried away
by a tempest similar to that which has destroyed so many thrones,
and has broken up so many dynasties.
Our Legislative Councillors will be selected from t'ic mass of the
people ; they will live among us, and form part of us ; they will
know and appreciate the wants, desires and predilections common
to us all, with this difference, that, having been spared the ordeal
of election, and exempted from a feeling of constant fear of the
electors, they will not have to undergo the dangerous, and some-
times unreasonable exactions of popular demonstrations. They
will thus bo enabled to decide calmly, maturely and with reflection,
upon the merits of those legislative questions which may be sent
up from the popular branch, replete with the evidence of hnsty
legislation.
We find that in England where cat^tcs exist, where a powerful
nobility enjoying privileges, posts of honor, fortune, anu, in a word,
the greater portion of the landed property of the empire, live, as
it were, beyond and above the people; those difficulties so much
feared by us cannot last, because public opinion instantly cause 9
them to cease by threatening to overturn the whole system.
If such conflicts were there persisted in, they would inevitably
QUEBEC CONFERENCE.
66
se it might
the other
le Legisla-
s number,
Legislative
ilio desire,
?es by the
trary opiu-
foreiirn to
to be dealt
I exist, no
rill of the
Ion its role
e working
Tied away
ly thrones,
a ass of the
they will
3 common
the ordeal
ar of the
and some-
Ins. They
reflection,
y be sent
3 ol' hnsty
powerful
in a word,
live, as
so much
]y causf?
m.
inrvilably
produce revolution, because it is well understood that the House of
Lords merely moderates political aftairs, and if the safety valve of
the people's security were obstinately closed by that body, an
explosion would inevitably be the result.
It may be said in reply that the number of peers is not limited,
and that the Sovereign may at pleasure increase that number.
This is certainly true iu theory, but not in practice. The Sover-
eign creates peers when public men have rendered important
services to the nation, or, in exceptional cases, when exceptional
rewards have been deserved, but never with the intenti(. i of sub-
merging the will of the majority, of paralyzing free action, and of
weakening the dignity and usefulness of a body so important and
so necessary in the Constitution.
The constitutional history of Great Britain offers but few ex-
amples of conflict between the two branches ; the most celebrated
and most obstinate of these, was that which arose upon the subject
of the Reform Bill in 1831 and 1832. The people became so
irritated at the stubborn resistance offered by the nobility to a re-
form in the system of parliamentary representation, that they at
last refused to listen to the advice of the most powerful political
men who had hitherto enjoyed their confidence in electoral con-
tests. They even rejected candidates whom they had for a length
of time persisted in sendi'ig to the House of Commons, with the
promise, however, that they would be re-elected after the passing
of the Reform Bill. On several occasions the House of Commons
had, by its vote, manifested the public opinion of the country j
but the House of Lords persistently refused to sanction the bill.
It was supposed by that House that if a certain number of rotten
boroughs were disfranchised, and if the representation of several
01 the great commercial centres were increased, there would be
an end to the privileges and separate existence of the nobility.
The popular anger increased in proportion to the resistance of
the House of Lords, and the Sovereign — who felt the approach of
the storm from the direction of Manchester, who distinctly heard
the sounds of rebellion rumbling in the distance, clamoring, as iu
16G0, for the head of a king to gratify their vengoauco — at last
u2
,MU&aMiik*'-''^~
: if -'.hi'
' H
I''
66
THE NEW CONSTITUTION.
gave way to the urgent arivice of Sir Charles Grey, who, armed
with the terrible power of swaiiiping the majority of the House
of Lords, obtained the creation of a sufficient number of new
peers to effect that purpose, and thereby saved the realm.
The House of Lords gave way, and its rruihilation was thereby
averted.
All constitutional writers agree that this creation of a hundred
peers would have been a revolution as great as that which threat-
ened to overthrow the throne of William IV., had it not been that
the monarch believed that botween a revolution which threatened
to demolish his throne, and the one which attacked the independ-
ence of the House of Lords, it became his duty, for self-preserva-
tion, to choose the latter alternative.
Thus the principle of limiting the number of Legislative
Councillors is not as dangerous as at first sight it may appear.
;..r
I
^ropcrtij (Qualificatioiu
CHAPTER XIIL
'Til'; M-'iiibers of the Legislative Council sliall possess a continuous real
property qnalitication of four thousand dollars, over and above all in-
cumbrances, and shall be and continue worth that sum over and above
their debts and liabilities, but in the ca.'^e of the Island of Prince Ed-
ward, the property may be either real or pcrscnnl.'
THUS, tho amount of property recjuired to secure eligibility by
the Constitutional Act of lS5(j for a Canadian Legislative
Councillor is $8,000, while 6-1,000 will now suffice for a Federal
Legislative Councillor.
This is a concession to tho Maritime Provinces, because in that
portion of the proposed Corfoderation, wealth is not developed in
the same ratio as in Canada.
In order to meet the cireurastanccs of Newfoundland and Priuoe
QUEBEC CONFERENCE.
,vho, armed
tlic House
)cr of uew
n.
ras thereby
a hundred
lieh threat-
it been that
threatened
J iudepend-
If-preserva-
Legislative
ppear.
tinuous real
ibove all in-
r and above
Prince Eli-
gibility by
jOf'islative
a Federal
ise in that
V doped in
ud Priuce
67
Edward Island, even greater concessions have been made, by ren-
dering candidates eligible either on real or personal property.
It will be a difficult uiattev tu establish the possession of personal
property or even the net value of real property, after deducting
mortgages, and debts that are not secured by mortgage. This can-
not bo established, but it will be necessary that the Federal Legis-
lative Councillor shall, on the day of his appointment, as we!) as
subsequently, possess, really and truly, over and above all debts
and mortgages whatever, property valued at $4,000.
For instance, promissory notes are debts or obligations. How can
the amount of these be established when a variation may occur from
one moment to another ? How can the amount of other personal
debts, such as balances of accounts current that may reach a large
amount, be established 'i In other words — how can the actual
value of personal property be ascertained ?
Necessity has compelled us to adopt this principle, and we must
new put it in practice in the best possible manner. It has been
suggested that the Councillor should take the oath of eligibility at
the opening of each session of the Legislature. This would at
least be a moral confirmation which would be avoided by scrupulous
and honest men, if that qualification were not possessed.
In any case, the improbability of establishing with precision the
amount of wealth possessed by any Legislative Councillor cannot
affect, in a serious manner, the working of the great political ma-
chine wliich it is proposed to create. The important point is, that
the men who may be called upon to form part of that conservative
body, shall possess something which it will be their interest to pro-
tect, and that they will understand from theory, as well as their own
personal experience, that they arc solemnly bound to take an im-
portant part in the working o'f the Conntitution. It is necessary
that they should be to the constitutional fabric that which the
corner-stone is to masonry — the strength and stability of the
edifice ; they must possess social weight, and that guarantoa of
prudence which possession of property gives them.
68
THE NEW CONSTITUTION.
i;.-
■i:
ili
f c(|islatii)e Coimcrllors.
CHAPTER XIV.
' The first selection ' the y
made, except as ■ ..ar'
Councils of the v,.v .
in the existing Coi. ">•;''; -,
ment must neccssar. • ' ■.>
' In these appointments, due
■ beii of the Legisiatire Council shall be
.'ince Edward Island, from the Legislative
■vinccs. If a sufficient number be not found
■'■ .:<ied, and willing to serve, the comple-
Lin J 'ip elsewhere.'
rcg^; hall be had to the claims of the
members of the Legislative Council of the Opposition in each Pro-
vince, so that all political narties may as nearly as possible be fairly
represented in the Federal Council.'
' Each of the twonty-four Legislative Councillors representing Lower
Canada in the Legislative Council of the General Legislature, shall
be appointed to represent one of the twenty-four Electoral Divisions
mentioned in Schedule A of Chapter First of the Consolidated Statutes
of Canuda, and such Councillor shall reside or possess his qualifica-
tion, in the Division he is appointed to represent.' (Uth and 16th
paragraphs.)
THUS, according to Article 14, the Federal Legislative Councillors
shall be selected from the Councils of the different Provinces of
the proposed union, provided always, that a sufficient number may
be found who are eligible to accept ; but at the same time. Article
16 provides that in Lower Canada, the Federal Councillors shall
represent the Electoral Divisions established by the Consolidated
Statutes, and shall reside or possess the property upon which they
qualify in the Divisions thus assigned to them.
These two provisions seem, at first sight, incompatible with each
other, and require some explanation.
There would be no necessity for such explanation, if we had to
select our Federal Councillors from the number of those elected
for Lower Canada. In such a case, it would merely have been
necessary to say, that our twenty-foyr Legislative Councillors-elect
would be the twenty-four Councillors to represent us in the Federal
Parliament; but in such a case, we must necessarily exclude the
life members of the Council for this section, at a moment when we
are desirous of establishing that body on the nominative principle,
and we can fairly infer that such was the thought of the Conference
if we read litoi-ally the words pronounced by Mr. Gait at the
QUEBEC CONFERENCE.
6&
il shall be
Legislathe
c not founJ
lie complc-
,im3 of the
each Pro-
ile be fairly
:ing Lower
ature, shall
il Divisions
ed Statutes
g qualifica-
thand 16th
;Ouncillors
rovinces of
mbcr may
c, Article
WovH shall
isolidated
hich they
witli each
YC had to
■io elected
lavc been
Uors-eloct
e Federal
elude the
wheu we
priaciplo;
onfcreuce
It at the
Sherbrooke banquet ; ' It was intended that the first selection of
' Legislative Councillors should be made from the present Legisla-
' tive Councils of the several provincefi, and without referring to
' the reasons which actuated gentlemen from the Lower Provinces
' in regard to this matter, he thought it might be sufficient to
' point out that in Canada, where we had forty-eight gentlemen
' sitting in the Upper House by the right of election, it would havo
' been doing a wrong, not merely to them individually, but to their
' constituents too, if they had from any cause been attempted to
' be overlooked. It was quite evident, even if no such clause had
' been inserted, that no attempt would have been made to pass over
' those gentlemen who had been selected by the people themselves
' as the most fit and proper persons to represent them in the Legis-
' lative Council,'
But such cannot have been the intention of either the Conference
or of Mr. Gait himself, because the latter adds to his former remarks
the following words : — ' However, the arrangement was that they
' should be chosen, regard being held in that selection to the relative
* position of political parties. If the power of nomination were
' entrusted to the Government without restriction, they might be
' inclined to appoint their own political friends to the exclusion of
' the others. But it was intended that the nomination should bo so
'made, that not only the Members composing the Government, but
' also the Opposition to the Government, should be fairly represented
* in the Legislative Council.'
Mr. Gait's views sufficiently indicate that a choice will be made,
otherwise, as we stated in a former part of this article, it might
have been easier to decide that our 24 Councillors under the elective
system, should be the 24 Councillors in the Federal Government.
But the IGth Ecsolution, as it is written in the project, would seen*
to interfere with the operation of the 14th llesolution, inasmuch as
the Federal Councillors are to be selected indiscriminately from
among the elected and the nominated members of our Legislative
Council, because Resolution No. 16 requires that the Federal
Councillors for Canada shall reside or possess their qualifications in
the divisions to bo assigned to them.
¥1
V .f
m
70
THE NEW CONSTITUTION.
•1
li"!^'^/
■ 'ii
'i'
■4
Now, Lower Canada has at the present moment 34 Legislative
Councillors, 10 of whom are life-members. If, therefore, the latter
are not to be entirely excluded, and have a right to hope that the
Federal Councillors will be indiscriminately selected from all the
members of our present Council ; by ccmpelling these to reside or
possess their property qualification in any of the existing Electoral
Divisions, it is quite clear that the choice will be restricted to the
disadvantage of a large number of life members, v.'ho may fairly be
considered as eligible in every other respect.
There is still another motive which is against the literal inter-
pretation, both of Mr. Gait's speech, and of the 16th Resolution of
the project; it is, that such an interpretation would render an
equitable distribution among political parties utterly impracticable
We must therefore conclude that the Conference intended, that
the first Federal Councillors should be selected indiscriminately
from amongst both life members and elected councillors of Lower
Canada, and that residence, or the situation of property qualification?
would only be brought into operation in future appointments by
the Crown. Resolution 14 can be clearly interpreted in this
manner, and the Conference could never have entertained the
absurd idea of abrogating it by Resolution IG.
The motive which actuated the Conference in stipulating
residence or its substitute, property qualification within the Division,
is the same as that which obtained in the Elective Law of 185G. It
was framed in order to secure, in a vote upon the project, the
concurrence of those Councillors who might fear that without these
restrictions, local candidates might be sacrificed for others com-
paratively strangers to an Electoral Division, But there is another
motive, which is explained by Mr. Gait in the following words : —
' He might say it here, because it was said by everybody outside,
' that in the event of anything like injustice being attempted
towards the British population of Lower Canada by their French
' Canadian fellow-subjects, they would most unquestionably look
' for remedy and redress at the hands of the General Government,
* who would have the power of causing their interests to be repre-
' sented in the Upper House of the General Legislature. So far
QUEBEC CONFERENCE.
71
Legislative
, the latter
pe that the
om all the
0 reside or
; Electoral
[jted to the
y fairly be
eral inter-
solution of
render an
tracticable
nded, that
sriminatcly
of Lower
lalification?
itments by
d in thia
aincd the
itipulating
Division,
f 185G. It
reject, the
hoiit these
hers corn-
is another
words : —
y outside,
attempted
ir Frencli
ably look
pernment,
be repre-
!. So far
' as regarded the interests of the French Canadian population, on
' the other hand; he thought there could be no question whatever
' that they might safely enough trust to their representatives in the
' Upper House being taken from amongst their best men, and in
' fair proportion to their numbers also. It was proposed that, in
' the case of Lower Canada, the selection should be made from the
' electoral limits which now existed. iVnd he thought wisely so.
' because ceitain sections of the Province were more particularly
' inhabited by French Canadians, and others by those of British
' origin. Consequently, thore was a greater certainty that fairness
' would be meted out to both parties, if the representatives in the
* Upper House were to be chosen from the electoral limits which
' now existed.'
We have no objection to this local provision, which was
insisted upon in 1856, when the Legislative Council passed the
Bill, although it may frequently hamper both local and Federal
Governments in their selection, and frequently prevent them
from nominating the most able and the best deserving men. If,
as Mr. Gait stated^ the English-speaking and Protestant popula-
tion of Lower Canada desires this for its own protection and in
order that it may be represented according to numbers in the
Upper Federal Chamber, the same rule would hold good when
applied to those portions of the country inhab ited by the French
race, and we would find precisely the same relations of equi-
librium between diflferent origins, as those established by our
present elective Legislative Council.
These small details of calculation are excessively unpleasant,
and but too clearly shew the multiplicity and diversity of the
elements of which our social and political community is com-
posed.
But as we are in this position, and as it would be impossible to
change or modify them, even were we to desire it, nothing remains
but tD arrange them wisely and prudently in the construction of
our new constitutional edifice, and to give to each suitable space
therein.
72
THE NEW CONSTITUTION.
I:
I
It in only by such au arriingement that wc can hope to construct
with strengtli and durability.
m
li
' ■ ■.»'•■
|\cj)rfSfntati0n in |]opitlatioiT.
CHAPTER XV.
]t, " Ropre.-ieQtnliou in tlio House of Commons slmll be based upon popu-
lation, and tlio number shall be iletermineil by the ollicial census lakcu
oveiy ten years, and the numlier of represculativcs at the commence-
ment will be 194, dl.-tributcd ns follows :
Upper Canada, - - - 82
Lower Canada, - - - - G5
Nova Scotia, - - - - 19
New Brunswick, - - - - 15
Newfoundland, ... 8
PriHce Edward's Island, - - 5.'
13. ' There will be no change ia the number of rcprosentativcs api)ortioned
to the dillerent Provinces, until the' taking of the census of 1871.'
19. ' Immediately after the taking of the census, in 1871, and at the taking
of each deceunia! census, the n>i)re?entatioa of each province will be
re-distributed on the basis of population.'
WE explained in oar article, chapter 4, the powerful rea.sons
which determined our statesmen to concede the principle laid
down in paragraph No. 17 of the project of the Constitution, and
which we have re-written at the head of this article. The distri-
bution of the representation is there based upon the population of
the diflerent provinces, determined according to the census of
1861. By that census, Upper Canada contains a population of
1,390,091 souls ; Lower Canada, 1,110,664; Nova Scotia, 330,857;
New Brunswick, 252,047; Newfoundland, 130,000; and Prince
Edwards Island, 80,757.
The principle of representation in the Lower House has been
conceded by the Maritime Provinces, the populations of which are
.•omparativcly small, and whose progressive increase is less rapid
) construct
1 upon popu-
ccnsus taken
; couimencc-
(iUKlJEC COXFKRHNCi:.
73
apportioned
f 18T1.'
fit the taking
rince will be
'ul reasons
inciplc laid
tution, and
The distri-
mlation of
census of
lulation of
1, 330,857;
ind Prince
has been
which arc
[less rapid
than ours. They no doubt believed, that they would find a suSi-
cient protection aij;ainst the populations of the larj^^cr provinces
in the Upper House, where they are upon a footin*;' of representa-
tive equality with tlieni.
If the population continues to increase in Canada in tiic same
proportion as in the decennial period from IS')! to 18G1, wc shall
have, in 1871, a population of 3,3i)S,070, and 4,G0tJ,305 in 1881.
Wc have no data to enable us to establish the average progression
of tho collective population of the Maritime Provinces, but Mr.
Gait has stated that it is much slower than with us.
From tlie moment that Confederation was proposed as a substi-
tute for our present Constitution, it became, of necessity, a question
of numbers in the formation of the Federal LcLjislature ; for what
purpose would it serve to replace a single j-arl lament by thr^e
legislatures, necessarily more costly, in order to arrive precisely at
the same constitutional mode, and to meet exactly the same diffi-
culties?
Every Confederation is a compromise; but where would be the
compromise if nothing wore ceded either on the one hand or the
other '( The compromise on the part of Lower Canada is the con-
cession of Representation by Population in tho Lower House, and
the compromise on the part of Upf er Canada is the concession of
equality in the Upper House, in exchange for representation based
upon population, in the Lower House. The same compromise has
been effected between the two Canadas and the Atlantic Provinces,
and it was the same motive v 'lich prompted it.
Previous to the introduction of the elective principle in the
Legislative Council, representative equality had no existence, and
Upper Canada has only succeeded, even up to this day, in pre-
serving its numerical preponderance by means of its life Councillors.
The Constitution of 1840 only stipulated for eciuality in the
Lower House. Let us suppose that the majority of the Legisla-
tive Council had chosen to adopt a project of law which would
have been hostile to the interests of Lower Canada ; as Upper and
Lower Canada wore equally represented in the Jjower House, the
bill adopted by the Upper House would have been certainly thrown
II
74
THE NEW CONSTITUTIOM.
If
iff-
^1
■I
out, and it is by the Lower House alone that we have, up to this
time, been able to protect and save our Institutions, taking into
account also the good will shown to us by Lower Cauadiau repre-
sentatives of Engli.-;h descent.
Why has the Legislative Assembly always been the battle field
with respect to the struggle that has been going on for the last
fourteen years between Upper and Lower Canada on the question
of lltpresentation by Population ? It is because there alone
equality has existed, aud there alone couU be found the lueaus of
solving the constitutional problem; if then, instead of the present
Constitution, we imbstitute Local Legislatures, and over them the
Federal Parliament, we shall see in that case precisely the inverse
of that which we have always observed in our present Legislature,
that is tos'iy : that on the occurrence of any local misunderstanding,
the struggle will be carried from the Lower House to the Legisla-
tive Council, and precisely for the reasons that we have adduced.
"We are speaking here on the hypothesis of the perpetual antag-
onism and antipathies which exist bc-tween races and provinces, and
it is in consequence of this, that we cannot surround sectional
interests with too much protection against the chances of the
future. But, by enlarging the ground, and in creating, by the
Union of the whole of British America, other interests, as distinct
as those which are in antagonism with each other to-day, we may
hope to soften the asperities of the struggle by turning them aside
from their object, by dispersing them, and by directing them upon
other points less fraught with danger and evil consequences.
It is in the counterpoise of interests freely established by the
parties to the contract, that wo may hope with reason to find tho
safe working of the new constitutional machinery. We have said,
that it was equality in the Lower House that turned that place,
since the Union, into the enclosed battle-ground of all our struggles
with Upper Canada.
But there was another cause added to that, which claims public
attention almost exclusively : that is, the power of initiating
money measures — tiie great, and, so to say, tho only sinew of
politics in the normal period of society. It was probably that
p to this
:ing into
an repre-
attle field
the last
1 question
sre alone
moans of
e present
them the
le inverse
gislature,
standing,
0 Legisla-
iduced.
lal antag-
inces, and
sectional
s of the
by the
distinct
we may
lem aside
icm upon
by the
ind tho
ave said,
it place,
itruggles
public
iiitiating
sinew of
)ly that
QUEBEC COXFERENCE.
7^
consideration that influenced the Imperial Government to recom-
mend the principle of equality of representation at the period of
the union.
In extraordinary times, social questions govern to the fullest
extent material interests j they are pursued with more animation
and bitterness through sacriilcso, and often produce ruin and
desolation. It was representative equality, and the interests of
which it was the signification, which gave to the Senate its im-
portance and its moral preponderance in the American Congress,
and in the eyes of foreign nations.
And yet it had not the power of initiating money measures,
like the House of Representatives ; it had only the privilege of
modifying them.
But it was the battle field of social questions, and of territorial
interests, just as our Legislative Assembly has been up to the
present day.
This was the cause of its importance, the reason why the American
people sent the most eminent men to that body, and the cause
of its triple saperiority, intellectually, morally, and politically.
licabjustiuent of |lcgrtstutation.
CHAPTER XVI.
' For tlio purpose of such readjustments, Lower Canada shall always be
assigned slxty-fivo mpmbers, and each of tho other sections shall at
each readjustment receive, for tho ten years next succeeding, the
number of Members to which it will bo entitled on the same ratio of
representation to population as Lower Canada will enjoy according to
tho Census last taken by having suty-firo Members.'
rpHTS clause of the project was at first misunderstood and mis-
-■- interpreted. It was asked, why must Lower Canada remain
stationary, while others provinces have the privilege of progressing ?
m.
76
THE NEW CONSTITUTION.
n
■* I*'
■■i
Let us in tlie f.rst place hear Mr. Gait, he who of all the Ministers
has the most completely explained and rendered the thought of the
Quebec Convention in his speech at Sherbrooke : —
' Population was made the basis, and to prevent any undue aug-
' mentation in the numbers of the Lov/er House as population
' increased, it was settled that there should be a fixed standard, on
' which the numbers of the House should be calculated, and Lower
' Canada was selected as affordihg the proper basis. Although,
' Lower Canada had not the largest, still it had a very large popu-
' lation, which was more equable in iis increase than any of the
' others, not increasing on the one hand so fast as Upper Canada,
' or on the other hand so slowly as the Lower Provinces, and the
' numbers of the House of Commons (for that was the name
* selected) would not be subject to such irregular variations as if
f the population of any of the other provinces were taken as the
' basis.'
The Minister of Finance, however, has not given us the whole.
This arrangement is entirely to the advantage of the provinces,
whose populations, already less numerous, will only increase in the
smallest proportion. The Toronto Glohe lias perfectly under-
stood this, and has perfectly explained the operation of tliis clause.
The principle ol' representation based on numbers is established
by the project ot the Conference; by the very conditions of it.<?
existence, it is moderated in its consequences; its work of expan-
sion is wisely compressed by checks and considerably delayed in its
progress.
To enable us to understand this, lot us take an example : suppose
that the project of Constitution were to stipulate as follows, the
H')use of Commons shall be composed of three members ; as you
Tfould only count for a third of the v/holc population, you will bo
represented there by one vote, and wo shall have the other two,
because we are the two-thirds. — Here, the principle of population
is perfectly recognized and perfectly practicable ; but the majority
against us would be but ono vote ; and, displacing that single vote
we would have the majority !
Now, let us suppose another case; and let us say that the repro-
Ministers
^lit of the
idue aug-
opuhition
ndard, oa
tid Lower
Vlthougb,
rgc popu-
in'^ of the
r Canada,
s, and the
the name
:ious as if
en as the
the whole,
provinces,
ISO in the
V under-
is clause.
tablished
»u3 of its
3f cxpaa-
lycd in its
: suppose
ows, the
; as you
will bo
ther two,
opulation
majority
Ingle voto
u
[ho ropro-
QUEBEC CONFERENCE.
sentatioa instead of being three, should be three hundred members
in the House ot Commons, — our third would then be one hundred,
and the two other thirds, two hundred. The same proportiona
would be perfectly preserved with the principle of representation
based upon population as in the first case, and yet the majority
against us here, would be one hundred I Now, it will be conceded;
that it is easier to displace one vote than one hundred.
Then, while preserving population as a basis, we may consider-
ably modify it in its progression and its results ; it is evident, from
what we have said, that the lower the number that constitutes the
pivot of the .system is, the better it will be for us, and for the Atlantic
Provinces.
Now, let us lay hypotheses aside, and work with reality to guide
u«. Lower Canada, having a population of l,110,6G-t souls, and a
representation of G") members, each of these must represent au
average of 17,087 souls. That is the basis adopted by the Con-
vention at the outset.
If 17,087 should continue to be the permanent average of the
population to each member, and that the total population of Lower
Canada should become doubled in thirty years, reckoning from
18(31 to 1801, Lower Canada would then have a population of
2,221,328 and a representation of 1.30 members.
If Upper Canada at the end of the same period, should have,
(and it is quite possible) a population double the amount of ours—
that is to say 4,442,050, it would possess a representation of 260
members, and a majority over us of 130 members.
But if on the contrary, the figure 05 of our representation, should
remain stationary at the same poriod, the average of the population
to each member, through the whole extent of the Confederation,
would bo 34,174, and Upper Canada would have a right to 130
members. Thus, in the first caso, Upper Canada would have
a majority of 130 votes over Lower Canada, while it the second
case, that majority would only he 05 votes I
It is then, ovidcndy important that the figuru ui" our representa-
tion should remain as it is.
The result would be still more fatal to us, if a lower figure than
■m
..■ _o
!!,t"i<^-.
78
THE NEW CONSTITUTION.
m
...v
I
W
tho present one were taken as a basis for rcpresentation^et us say
15,000, and that it were declared that in future there would be
one representative for every fifteen thousand souls. That propor-
tion would give us immediately 74 members, and Upper Canada
111, — that is to say a majority for the latter of 37 votes, while we
only find 17 in the present project. In 1891, we should hare a
representation of 128 members, and Upper Canada would have 296
and a majority over us of 148 votes !
The principle which we have just analyzed is certainly the most
important one; it is in fact all important; but Mr. Gait has given
it its proper value ; for in adopting a fixed number, or a mecha-
nism which enables us to see the possibility of a diminution of the
figures of representation, and which in every case moderates
its development, we may be brought in a given time to a represen-
tation by far too large.
The Parliament of Lower Canada under the Constitution of 1791 ,
had adopted the number of 2,000 as a basis for local representation,
and in 1836 the number of members in the Lower Chamber was
reckoned at 88. With our population to-day, supposing the . .r :
basis to have been persisted in, our representation would V ^ 555,
This proves, that if at the outset \n yii'rht to give the largest
possible share to the popular represc'ntatrjr!, ,'" ijat every part of
the soil should be represented, an'! be aLl: 1 1 niak' its wants im-
medintely and directly known — on the other hand, when the deve-
lopment of public prosperity has improved the means of communi-
cation and has thus made all local wants as patent as the general
wants, it then becomes possible, even useful, from an ceonomica
point of view to give to that same representation a narrower bosis.
i
22. 'It
ItiC
QUEBEC CONFERENCE.
79
•let us say
would be
at propor-
r Canada
, while we
lid hare a
I have 296
y the most
has given
a mecha-
tiou of the
moderates
I reprcseu-
nof 17P1,
Dsentation,
caber was
tiio .: .r :
i V ^ 555,
he largest
ry part of
wants im-
thc devc-
communi-
c general
conomica
ivcr bnsis.
i
proportion of ^tamt in |\eprtsentation.
CHAPTER XVII.
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 consider-
ed, unless when exceeding one-half the number entitling to a Mem-
ber, in which case a Member shall be given for each such fractional
part.'
WE have been asked, how Resolution No. 21 would operate, and
how it should be interpreted ? "We think we can explain in a
clear and distinct manner its signlficancy, and the mode in which
its stipulations will be carried out. In the first place, we may
?tate, that this clause was inspired by interested parties, and it was
a happy thought, because it is exclusively favorable to those pro-
vinces whose population may increase in the smallest ratio, and in
the same manner as the resolution preceding it, to which we gave
our attention in our last article j it may be a means of modifying,
and in some cases of nullifying the consequences to be expected
from the adoption of the principle of Representation by Population.
T^'hen this clause provides, that no reduction shall bo made in
the number of members returned by any section, unless its popula-
tion shall have decreased, relatively to the population of the whole
Uiiion, to the extent of five per cent, or more ; it is meant by the
WJrd decreased, that an absolute proportionate decrease or increase
0*." five per cent., more or less, of the whole population of the Con-
federation shall have taken place.
At the starting point, in 1861, the populations of the different
sections start from precisely the same point, to dash forward on
their career of progress, in the same manner as race horses start-
ing for the Derby. The average number represented by each mem-
ber over the whole extent of the Confederation is fixed at 17,087.
The question is, what sections will first reach the goal in 1871, and
what will bo the relative distance bctwoon each of them i* Wo
mean this to apply to relative iuoroaso, and not to an absolute in-
80
THE NEW CONSTITUTION.
-1. <j,-"t
3. '!. :
I ■■■;
1
'i^
crease of the population. The census of 1861 is an established
fact, the figure of the total population of the whole Confederation
and that of the populations of the different provinces separatel}-
tnken, is also known. It becomes necessary now to establish, in
the first place, tho proportion in which the collective populations
of the Confederation during the period between 18(51 and 1871
have increased; then to ascertain the proportionate increase of
population in each of the provinces, which, by the 20th Resolution
are to be submitted to the effects of a rise and fall in the represen-
tative thermometer.
The figure of the population of Lower Canada, which is to bo
the basis of all caliulations being known, by dividing it by tho
Quiubcr 65, the actual number of its members, we will obtain a
quotient or result that will bo the figure on which shall be com-
puted the veprescntation of all the provinces.
If the numOiJcal increase in the population of Lower Canada,
during the decennial term, is oqual to that of the population of
Cppcr Ciiaada, no only will the latter bo deprived of any increase,
but its representation will bo diminished. In order to prove this,
let us give some figure^i, based of -'oursc on hypotheses, because it
is impossible to ascertain what will be the real increase. Let us
suppose that the incre^.. 9 during the decennial period is 300,000
for Lower Canada, and 300,000 for Upper Canada, the population
of Lower Canada wuuld then be 1,410,004, and that of Upper
Canada 1,090,091. By divuling the first number by 6.'>, the num-
ber of members ^or Lower Canada, the quotient will bo 21,702,
which shall bo the average number represented by each member
over thr whole extent of the Confedcratiou ; and bv dividinix the
figure of population of Upper Canada by the same nuir.ber,
Uppci Canada, according to the plan of Confederation, will bo only
entitled to 74 members.
Now, if instead of numerical increase, wc take a proportionate
iD<a<easo of the population of Lower Canada to that of Upper
Canada, tho two provinces will remain with their rospoctivc
representation of 05 to 82. Lot us suppose tho increase in the
twoCauadas to be, during tho ton years from ISOl to 1871, thirty
■• tK
QUEBEC CONFERENCE.
81
Q established
lonfederatioa
!S separately-
establish, in
! populations
(51 and 1871
3 increase of
h Resolution
;he represen-
lich is to be
ng it by the
will obtain a
ball be com-
wer Canada,
lopulation of
any increase,
J prove this,
9, because it
ise. Let us
is 300,000
:) population
it of Upper
.% the num-
bo 21,702,
eh member
ividing the
e JiuiLber,
will bo only
oportionate
of Upper
respective
iiso in the
^^71, thirty
per C3nt. on the population, we shall number in Lower Canada
1,443,803, which divided by 05 will give 22,213 as the average
number represented by each mewber. A similar increase of 30
per cent in Upper Canada woulu give 1,814,918, which number
divided by 22,213, would furnish a result of 82, the exact figures
of Upper Canadian representation as established by the Conference*
If the proportion of increase bo greater in Upper than in
Lower Canada, the former will have a right to an increased represen-
tation, proportionate to that difference of proportionate increase-
This difference will create changes very slowly, as we propose to
establish by a calculation made for one of these provinces. Before
entering, however, upon the consideration of that subject, we
purpose correcting an error which has found its way into Mr.
Gait's printed speech, because it is evidently n direct opposition
to liis opinions. He makes use of the following words : — ' Tiie
' House would never have less than 194 members, but it would
' increase at a very slow rate, ar> it would only be the greater
* increase of any province over that of Lower Canada, which
' would entitle to additional representation; while, if the agricultural
' resources of Lower Canada became developed and its mineral
' wealth explored, so that it increased faster than Upper Canada,
' then the number of representatives for Upper Canada would be
' diminished, not those for Lower Canada increased.'
It is quite evident that if the population of Lower Canada
should increase with greater rapidity than that of Upper Canada^
in a manner to decrease the representation of the latter, and if
the former should increase more rapidly than that of the other
provinces, the number of members in the Lower House of the
Federal Tvcgislature will eventually become less than 194. This is
not very probable, and a condition of dtata quo, or a slow increase
in the representation of any one of the provinces is still less
probable.
The Maritime Provinces will be subject to the same fluctuations
In this rospoct as Upper Canada, the representation of Lower
Canada being the pivot. They will remain stationary, will progress
or become reduced in the number of their representatives; according
82
THE NEW CONSTITUTION.
'If
;t
M
■i! ^
1
*f?
to the increase or decrease in their population, considered pro-
portionately to Lower Canada. But, admitting the possibility of
their so diminishing as compared with Lower Canada, to eflfect a
reduction, it will be necessary that the loss be at least five per
cent, as compared with the total increase of the population of the
Confederation, or in other words, that the population of those
provinces should have increased proportionably fivo per cent.
■ ssthan the total population of the Confederation.
Now, if the population of Lower Canada should increase in
a smaller rate than that of Upper Canada, the general average will be
immediately reduced ; and that reduction will be still greater if
there be a decline in the Lower Provinces, as compared with
Lower Canada ; thus such a result would have the effect of
changing the proportion of increase of those Provinces taken
separately, and to render a lessening of the number of represen-
tatives very difficult, for the disproportion between the general
and partial increase must be at leist five per centum.
It is impossible to foresee what may be the increase, or even the
relative increase, during the present decennial period, but we shall
recur to ocv figures. Thus, in 18G1, the total population of the
Provinces vr;is 3,300,446, while that of Nova Scotia, for instance,
was 330,887. If we can anticipate that the total population of
the Confederation may increase 25 per cent, from 1861 to 1871,
the increase will be 825,111, and that of the population of Nova
Scotia at 20 per cent., would produce 66,177. In such a case
Nova Scotia may be subjected to a reduction in its representatiou
ia a proportion which shall be computed on the basis of the
population of Lower Canada as divided by the actual figure of
its present representation.
We purpose establishing this proportion by assuming a hypo-
thetical proportion for Lower Canada. Let us suppose that the
population of Lower Canada shall have increased during the ten
years 23 per cent. ; such an increase would give us 255,452, which
added to the population of 1861, would be l,366,110,which, divided
by 65 (the actual figure of our present representation), would furnish
21,017, the number represented at that time by each member over
the whole extent of tie Confed* ition.
Now
sis, inch
397,064
21,017.
would 0
grants
that prov
a right
main Jift(
over the
by each
Now,
maining
figure, 2'
would sti
If the
there wo
some pai
this artic
difficult (
dfficult ai
m
23. 'The I
prope:
them.
24. < Tlie I
the El
Legial
ia cut;
may t
TlIKHl
toUs
and not t
iidered pro-
ossibility of
, to effect a
ist five per
itioa of the
;ion of those
0 per cent,
increase in
erage will be
11 greater if
ipared with
le effect of
inces taken
f represen-
the general
or even the
but we shall
ation of the
or instance,
■)ulation of
1 to 1871,
on of Nova
such a case
>rcsentatiou
isis of the
il figure of
ng a hypo-
)sc that the
ing the ten
452, which
ch, divided
uld furnish
ember over
QUEBEC CONFERENCE.
83
Now the population of Nova Scotia, according to our hypothe-
sis, including the increase of 06,177, would be at the same date
397,004, which should be divided, as that of Lower Canada by
21,017. In such a division, that province would lose one vote, it
would only have eighteen, while the project of the Conference
grants nineteen. But in this case, the 22nd Kesolution protects
that province, because its terms are, that each province shall have
a right to a member tor the fraction of population which may re-
main after a general computation, provided that such fraction be
over the half of the average of the population to be represented
by each member.
Now, this average of population is 21,017, and the fraction re-
maining to Nova Scotia, after dividing the population by the said
figure, 21,017, 'vould be stated at 18,757; therefore that province
would still be entitled to its nineteen members.
If the disproportions were greater, the result might be that
there would be a change in the proportion of representatives in
some part of the Confederation ; but the explanations given in
this article, we think, establish clearly, that such changes, such
difiicult decrease or increase in the representation, will be very
dfficult and of rare occurrence.
^ibisioii of ^robinces for |lcprtscntation.
CKAPTEll XVIIl.
23. 'The Legislature of each Province shall dJFide such Province into the
proper number of constituencies, and define the boundaries of each of
them.'
24. ' Tlie Local Legislature of each Province may, from time to timo, alter
the Electoral Districts for the purposes of Representation in such Local
Legislature, ami distribute the Representatives to which the Proviuco
is entitled in such Local Lcgislalurc, in any manner such Legislature
may see fit.'
TllKMK two clauses explain themselves sufficiently. The 2i3rd
toUs 'xs that it will be the Local Legislature in each province,
and not the Federal Parliament, which will fix the limits of the
8t
THE NEW CONSTITUTION.
H'
counties for representation in the Federal Parliament. It i.s
well understood that it is a question of the limits, and not
of the number of counties, which will be regulated in the way that
wc explained in the two preceding articles.
Thus, under the Constitutional Act, there will be required a
mechanism for enabling the provinces to rc-distribute their own
representation according to the census. It will doubtless be the
General Government whose duty it will be to communicate to them,
through their own Governments, the result of the census, and the
share of representation apportioned to each of them.
As to the local representation, it will be regulated according to
the-views of the legislatures of each province, who will fix the
limits of the local counties, and will determine the number of its
representatives.
I
^wtmH of ^fprtsnitaiioii
CHAPTER XIX.
25. ' The number of Members may at any time be increased by the general
Parliament — regard being had to the proportionate rights then exist-
ing.'
THIS clause is in direct contradiction with the 20th clause,
which states that ' Loicer Canada shall never have more, nor
' lessj than sixty-five representatives,'' and we cannot understand
why, after having surrounded this question of representation with
fio many precautions and so many modifications to arrest or soften
the consequences ; why, after having pronounced the word hiever,'
they should have written, some lines below, '??iaj/ when they iilease.'
Let us hear Mr. Gait on this subject :
' Of course to provide f f the settlement of the remote portions
' of the country which might be brought in from time to time, power
QUEBEC CONFERENCE.
85
ent. It i,s
s, and uot
;he way that
required a
their own
i-less be the
ate totheiu,
sus, and the
ccording to
svill fix the
mber of its
■ the general
B then exiat-
)th clause,
morCf nor
understand
iation with
t or soften
3rd 'never,'
C1J please'
c portions
mo, power
' was reserved to increase the number of members, but such nuni-
* ber could only be increased preserving the relative proportions.'
If Mr. Gait means by ' settlement of the remote portions of
' the country which might be brought in from time to time,' those
portions of country which are still in forest, and which may at a
later period be brought under cultivation, it seoms to us that to
keep true to the word ' never ' of the 20th clause, it would be
easy, without increasing the representation, to re-distribute the
representative divisions in such a manner as to satisfy all rights,
all wants, and all aspirations.
If the question were, the entrance of other provinces, such as
the North-Wcst Territory, Columbia and the Island of Vancouver,
into the Confederation, that would be another thing ; for it would
be necessary to give these a representation in the two branches of
the Federal Parliament, a permanent one in the Legislative Coun-
cil, and another, subject to the fluctuations in the H«nse of Com-
mons, as provided in all the other federated provinces. The project
of convention provides for this latter case.
Whatever we may do, if we increase the representation, we must
adhere strictly to the same proportions, but we shall never arrive
at the same relative numerical results.
"We can prove this at once by figures ; let us suppose that the
representation of Lower Canada (for Lower Canada must always
be the basis of our calculations) be one hundred members iugtcad of
being sixty-five as it is to-day, the average population to each member
will be 11,106, and dividing the population of Upper Canada,
say 1,896,094, by 11,106, we shall have for that latter province
a representation of 126 members.
The proportions may have been preserved, but that would not
prevent Upper Canada from gaining 9 votes over us, since, with
65 the present number of Lower Canadian representatives as a
bivsis for representative calculation, Upper Canada ought to have
had only 17 votes more than us; while, in substituting 100 for 65
as the representation for Lower Canada, Upper Canada would, in
that case, have 26 over Lower Canada. Here are the numbers as
f,hoy stand at present in the project of Confederation :
aane
WllMlli]
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WIBSTIR.N.Y. 14540
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V"0
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86
THE NEW CONSTITUTION.
Lower Canada, 65 ; Upper Canada, 82 j difiference in favor of
Upper Canada, 17 votes.
Here is the way they would stand in the hypothesis which we
have submitted :
Lower Canada, 100 ; Upper Canada, 126 ; difference in favor of
Upper Canada, 26.
Either the word " never" should be struck out in clause 20 ; or,
clauf-e 25, which is so diametrically opposed to the former, should
be taken out of the scheme.
After having given such positive limits to representation, and
having placed such a strong check to its expansion, why then
declare, almost immediately afterwards, that all this can be blown
away by th« breath of a simple parliamentary Siajority ? We
have in the Legislative Council 76 representatives j which is more
ihan they have in the Senate of the United States, with a popula-
tion of 30,000,000. We have 194 in the House of Commons,
for a population, let us say, of 4,000,000 ; while in the House
of Representatives they have only about 300 members to a popu-
tion of 30,000,000.
Our representation, on th« other hand, may increase under the
conditions laid down for it by the 20th clause of the project; it
will be sufficient to accomplish this, that the population of several
provinces, or any single one, shall increase more rapidly than that
of Lower Canada. If, for example, the population of Upper
Canada followed indefinitely its progressive increase for the last
25 years, there would be no limits to the increase of representation.
Still we might establish an average for putting clause 20 and
clause 25 in harmony with each other ; this could be effected by
modifying the 25th clause in this manner :
The Federal Parliament may increase tho representation when
it deems it proper ; but it must have the consent of two-thirds of
the members present and absent in both branches of tho Legisla.
ture; that is to say, 130 votes in the House of Commons and 51
Totes in the Legislative Council.
In this way clause 20 would only be touched by Parliament in a
asc of actual ntccssity, and clause 25 would become an ample
m
QUEBEC CONFERENCE.
87
guarantee for the stability of clause 20. We ought to consent to
this restriction, or something similar to it, the more readily, because
in placing the word '* never " in the 20th clause, it has at least
been intended to give it stability and durability.
parliaments anb J|eir ^ribilegcs, tit.
CHAPTER XX.
26, * Until provisions are made by the General Parliament, all the laws
which, at the date of the Proclamation constituting the Union, are in
force in the provinces respectirely, relating to the qualification and
disqualification of any person to be elected, or to sit or vote as a Mem-
ber of the Assembly in the said provinces respectively ; and relating to
the qualification or disqualification of voters and to the oaths to be
talcen by voters, and to Returning Officers and their powers and duties
— and relating to the proceedings at Elections, — and to the period
during which such elections may be continued, — and relating to the
Trial of Controverted Elections, and the proceedings incident tliereto,
— and relating' to the vacating' of scats ot Members, and to the issujnj;
and execution of new Writs, in case of any scat being vacated other-
wise than by a dissolution — shall respectively apply to Elections of
Members to serve in the House of Commons, for places situate in those
provinoes respectively.'
27. ' Every House of Commons shall continue for five years from the day
of the return of the writ"* choosing the same, and no longer ; subject,
nevertheless, to be sooner ^^rorogued or dissolved by the Governor"'
/CLAUSE 20 requires no explanation ; but clause 27 will proba-
^ bly give rise to some debate. The advocates of annual Parlia-
ments, who are not very numerous among us to-day, will say, that
we wish to restrict the control of the people over their representa-
tives. But when wo consider that, though the maximum of the
duration of our Parliament has been fixed at a period of four years,
wo have had nine general elections in 2-t years, as follows : 1841,
'44, '48, '61, '64, '67, '69, 'Gl and '63, and that coni^oquently the
average of each Parliament has been but two years and two-thirds,
therefore five years will not bo found an exaggerated figure for the
maximum period of a Federal Parliament, which will give us
88
THE NEW CONSTITUTION.
ii-mK'.:
'•M
three years and a third for the average duration of Parliaments.
That is surely little enough.
We are informed that an effort was made to establish it at seven
years, as in England, hut that a great majority of the delegates
pronounced for five years, as being the most acceptable to the
people. This deciflion of the question has not called forth any
objection in the different proviaces. How could it possibly do so,
when the population of our provinces are literally worried and tired
out by the elections which succeed each other, as it were, without
interruption, from the 1st of January to the last of December in
each year? Election to the Legislative Council, election to the
Legislative Assembly, elections of municipal councillors, of com-
missioners of schools (in Lower Canada), of church wardens, as
well as many others.
If Confederation be accomplished, we shall be rid of the elections
for the Legislative Council, which now take place every eight
years ; but we shall have instead the Federal elections, which will
take place nearly every three years and a half j elections to the local
Legislative Assemblies, which will probably be for periods stUl
shorter, and perhaps those of Legislative Councillors for the local
governments.
Those who have been in the habit of seeing these elections, know
their demoralizing efl'<dt3t upon the people, and should not conse«
quently desire them, except in that degree necessary to liberty and
to the salutary control of the paople over their representatives.
For our part we would prefer six years for a maximum, which
would give us parliaments averaging about four years in duration.
Still we willingly accept five years, which is an improvement
upon four years, because it tends to lengthen the electoral periods,
and because it is more in accordance with the almost universal
feeling of the whole of the provinces.
f Parliaments.
QUEBEC CONFERENCE. 89
l^ttrikte of llje §tmdl ^tikxmtnl
CHAPTEK XXI.
WE have reached that part of the Resolutions which relates
to the attributes of the General Parliament. These comprise
all questions of public order, minus those reserved for the action
of the Local Governments : —
' The Public Debt and Property.
* Tho Regulation of Trade and Commerce.
'The imposition or regulation of Duties of Customs oa Imports and Exports,
^-except on Exports of Timber, Logs, Masti, Spars, Deals and Sawn
Lumber from New Brunswick, and of Coal and other minerals from
Nora Scotia.
' Tho imposition or regulation of Excise Duties.
' The raising of money by all or any other systems of Taxation.
' The borrowing of Mon°v on the Public Credit.
* Postal Servic*.
* Lines of Steam or any other Ships, Railways, Canals and other works,
connecting any two 0? more of the Provinces together or extending
beyond the limits of any Province.
' Lines of Steamships between the Federated Provinces and other countries.
< Telegraphic Communication and the Incoiporatioa of Telegraph Gsm-
paniet.
' The Oensts.
' Militia — Military and Naval][S«rvico and Defence.
' Quarantine.
' Sea Coast and Inland Fisheries.
' Currency and Coinage.
* Barking— Incorporation of Banks and the issue of paper money.
' Savings Banks.
' Weights and Measures.
' Bills of Exchange and Promissory Notes.
' Bankruptcy and Insolvency.
* Patents of Inveatioa and Discovery.
' Copy Rights,
< Indians and Lands reserved for the Indians.
' Naturalization and Aliens.
' The Criminal Law, excepting the Constitution of Ooarts of Criminal
jurisdiction, b«t iacluding the Procedure in Criminal matters.
' Rendering uniform all or any of the laws relative to property and ciril
rights ia Upper Canada, Nova Scotia, New Brunswick, Newfoundland
and Prince Edward Island, and rendering uniform the procedure of
all or of any of the Courts in these Provinces ; but any Statute for
this purpose shall have no force or authority in any Province until
sanctioned by the Legislature thereof.
'The establishment of a General Court of Appeal for the Federated
Provinces.
' Immigration.
' Agriculture.'
i2
00
THE NEW CONSTITUTION.
Whenever exceptional causes do not interfere with the general
rule, the attributes above alluded to shall belong to the Federal
Parliament, because by so deciding, we shall obtain unity in
action, rapidity of execution, with uniformity and efficacy in the
result. For this reason, we shall only allude to those objections
which may furnish matter for discussion on account of the
exceptional position occupied by Lower Canada.
The first exceptional question is to be found in the 31st para-
graph of the 29th Resolution of the Conference.
MARRIAGE AND DIVORCE.
If Lower Canada had not existed, it is more than probable that
the Civil Code would have been universalized, and would have
been made one of the absolute attributes of the General Parlia-
ment. We are led to believe this because the Criminal Code is
by the same clause, 32nd Section, made an attribute } also in the
33rd Section of the same clause, it seems to be foreseen that the
system of civil law will be the same over all the provinces of the
Confederation, Lower Canada beiog specially excepted. The Civil
Law of Lower Canada essentially belongs to that section, and
nothing on earth could induce Lower Canadians to abandon it,
because it is based upon reason, and above all, on the Roman Law,
perhaps the greatest effort of human wisdom; because it is
appreciated by us, it agrees with our manners and predelictions,
and because we find in its provisions greater protection for our
property and our families than under any other system. Marrriage
and divorce are essentially component parts of the Civil Code.
They involve two great social questions, in other words, they
involve the position of society itself, taken either in its normal
condition or in a state of dissolution.
Reason leads us to believe that on no account whatever should
the marriage tie be dissolved, and the Parliament of Franco after
having replaced in the Civil Code the principle of the indissolubility
of that tie in 1816, under the civilizing inspiration of Chateau-
briand, has constantly maintained it as part of tho Code from that
date, in spite of the thrice repeated efibrts of tho Representative
Chamber to have it erased, and oven with the consent of the
QUEBEC CONFERENCE.
91
le general
le Federal
unity in
iacy in the
objections
nt of the
31st para-
obablc that
would have
eral Parlia-
al Code is
also in the
a that the
iuces of the
The Civil
Dction, and
ibandon it,
ouian Law,
ause it is
delictions,
on for our
Marrriage
ivil Code,
rords, they
its normal
vor should
ranco after
issolubility
Chateau-
e from that
rcsontativc
But of the
immense majority of the popular body after the Revolution of
July. It was not Catholic feelings that actuated these men, their
opinions were based upon simple reason, and the desire to preserve
their families intact, in order that society might not be affected or
broken up.
What is society, considered out of the limits of that Christian
sanction which elevates it, and protects its inviolability ? It is
composed of a mixture of human beings, living without re-
lations one with the other, without an object, without laws and
without clearly defined duties. If this be the case, why should
we have civil laws which impose obligations and attributions,
duties, rights and reciprocal claims ? Why, again, should we
have criminal laws that protect civil law in its operation, that
protect persons and property against the violators of those rights
created for the former, and the duties created for the latter ? In
a word, what is the pivot arouud which circulate these wisely-
conceived civillaws, — these complicated and elaborate provisions of
the human intellect ? They all rest upon the rights of property.
It is therefore only with regard to property, that rights and
duties exist in our social system ; in a system of religious order,
we find society seeking to attain its object, while in the other, we
fied society in its working and mechanical operation.
But if the rights of property be surrounded by so much protec-
tion {^bu respect, and we might even say, religious veneration j
it must be because the meum and the tuum, which are the basis of
the civil code, exist otherwise than in the roughness of ma-
terialism; it must be, that its origin is divine in its nature,
because otherwise the Jueuni and timm would be of no value
would signify nothing, and the laAvs that establish them would be
mere absurdities and criminal violations of liberty.
Property constitutes the fundamental basis of society, orrather^
it is society itself, because without it the word society would have
no meaning. Why is it that marriage occupies such a prominent
position in the history of the whole world, and in the civil code F
It is because property is to society what the form is to the human
body ; one cannot exist without the other, and if right of property
92
THE NEW CONSTITUTION.
■A 1^ ■
im-
he sacred and of divine origio, the formula inherent to it must
necessarily be of equal importance.
Marriage furnishes the natural means by which property can be
transmitted. It is for this reason that it exists, under different
forms, it is true, but has existed at every period of the world'i
history, even amongst the most barbarous nations from which
civilization had been completely excluded.
Our laws do rot establish the right of property, but they
form, regulate, and determine the mode to be adopted in its
transmission. Laws do not establish marriage. It was in exis-
tence before the laws. It comes immediately after property
the latter as well as society being unable to subsist without it,
and the laws operate upon the institution of marriage by
guiding its effects and by providing for the transmission of pro-
perty. Why do we find Holy writ filled with maledictions and
terrible punishment for adultery, if it is not because the latter
brings strangers into the family, and thus deprives the legitimate
heirs of their rights of property ? Thus, marriage should be held
sacred and inviolable, since property is so, and this could not be
if it were not so held; and the errors of individuals should no
more affect it than they do the principles involved in rights of
property.
We know that Protestant nations differ from us on the subject
of marriage ; they admit that reasons for divorce may exist. From
the moment that this principle is admitted, the institution of mar-
riage is fatally attacked, and a means is furnished by which social
bonds are dissolved, because family rights are no longer inviolate.
How can they say, < Thus far shalt thou go and no further,' be-
cause, if they admit that marriage is a question of public order,
the laws concerning it will be formed according to the manners of
the day which are at all times liable to variation. This is the his-
tory of every nation^ and it is unfortunately the history of Eng-
. land at the present day.
Protestantism, when it admits divorce on account of adultery,
hases its action on the words of our Saviour : ' He who puts away
* his wife except it be for adultery, and marries another, is himself
QUEBEC CONFERENCE.
93
Q it must
rty can be
r different
,lie world's
•om wliieh
but they
)ted in its
as in exis-
ir property
without it,
larriage by
ision of pro-
lictions and
e the latter
L« legitimate
ould be held
could not be
Is should no
in rights of
I the subject
list. From
tion of mar-
whioh social
sr inviolate,
further,' be-
lublio order,
manners of
tis is the his-
;ory of Eng-
of adultery,
10 puts away
jr, is himself
' guilty of adultery, and he who marries her who has been so put
' away is also guilty of adultery.'
It is certainly difficult to misinterpret the sense of these divine
words, because the Founder of Christianity, while prohibiting
divorce except for adultery, refused to permit even a simple separa-
tion on the ground of incompatibility of temper, and only allowed
that separation on the ground of adultery.
His thought is still more clearly explained, when the act of
marrying her who has been so put away is also termed adultery.
If the matrimonial bond could be severed by reason of adultery,
he who may have married the woman after a divorce could not be
considered an adulterer, because reason teaches us that you cannot
sever and bind at the same time.
While maintaining the inviolability of the conjugal tie, and ccm-
sequently of the social form, the Saviour of the world permitted
the casting away of the adulterous wife, and her expulsion from
.the rights of marriage ; and this principle has been embodied in
the civil code by Christian legislators under the title of Separa^
tion de corps.
Whatever may be said on the bubject of principles and duty,
parliaments have an equal power to regulate the questions of mar-
riage and divorce, as they have with regard to the rights of persons,
the possession of goods and chattels, and the transmission of pro-
perty. Our Legislature has frequently exercised this power, be-
cause the Protestants are in a majority, and the question we have
now to enter upon is the following : — Should marriage and divorce
form part of the attributes of the Federal Parliament or of the
local Legislatures ?
We shall consider in the first place that which relates to divorce.
94
THE NEW CONSTITUTION,
^.»
■f
■ H
■.. .{"■
§\imt
CHAPTER XXII.
FOR our part, we belier© that since the question of diyorce must
necessarily be submitted to a certain control, it should be
placed under the direction of the Federal Parliament, instead of
being an attribute of the Loeal Legislatures.
Catholic opinion urged that a question of such social importance
should be left to the Local Governments, but, let it be understood,
that in leaving it as regards Lower Canada to a Protestant majority,
we only maintain the present condition of that important question.
By so referring it to the Federal Government, we avoid many
causes of contention and many violent complaints which might
eventually be listened to by the Mother Country, where divorce is
legalized and operates as a social institution.
Who can say that the Protestants — who are in great majority in
our present Parliament, and who will constitute the two-thirds of
the Confederation, — would ever have consented to localize legisla-
tion on the subject of divorce ; and even had they consented to
this, would it have been wise to establish a rule which, although
apparently favorable to one province, might have fatally interfered
with five other provinces, in -all of which Protestants are in
majority ?
By submiting divorce to the control of the Local Legislatures, it
would have been rendered too easy, and might have become of as
frequent occurrence as in certain states of the American Union.
The higher the position of the tribunal before which interested
parties must appear to demand the dissolution of the marriage tie,
the smaller will be the number of divorce cases. From 1841 until
the present day, we only know of four such applications. Divorce
is always costly, and the public proof of dishonor is so hideous and
so solemn, that in almost every case the accuser falters before the
terrible ordeal.
But if legislation on the subject of divorce were left to each
QUEBEC CONFERENCE.
95
ivorce must
, should be
, instead of
importance
understood,
nt majority,
,nt question,
avoid many
^liicli might
ire divorce is
t majority in
two-thirds of
jalize legisla-
consented to
.ch, although
y interfered
tants are in
gislatures, it
become of as
can Union,
eh interested
marriage tic)
m 1841 until
na. Divorce
hideous and
rs before the
left to each
province, there might be a great diflFerence, because the cheapness
of the procedure and the comparative lessening of the solemnity
would be the means of multiplying cases ad infinitum^ as in certain
portions of the United States, where divorce is an institution which
regulates marriage, and has a greater hold on the manners and
customs of the people. If at a future day, and we sincerely hope
that it may not be so, the Federal Legislature were to establish
general enactments on the subject of divorce, let us hope that we
shall at least be able to secure the privilege, that they shall only
apply to Protestants.
But if, up to the present day, the Protestant majority have never
even thought of general legislation on that subjcL' ; if it has
reserved the privilege of deciding each case according to its own
merits, in order that divorce might be more difficult to obtain, and
to prevent it, except under circumstances of an extraordinary
nature, by surrounding it with all kinds of difficulties, and by
making the procedure very costly : we must believe, that unless
the standard of morals becomes lowered (and we ^^see no indication
of such a result), the same opinion on this subject will prevail in
the Federal Parliament.
The Local Legislatures, several of which will represent very small
provinces, could net give us the same guarantees of conservatism
and elevated tone in feelings and ideas that we will find in the
Federal Parliament, which will be composed, in a great measure^
of the eminent men of all the provinces. Those men, from motives
of personal dignity apart from every other important consideration,
will, we may rest assured, insist upon ^maintaining ^society on a
respectable basis.
Moreover, this proposal does not seem to have raised any opposi-
tion on the pari of those who possess authority to speak and to
judge; with this exception, that it became unpleasant for Catholio
ears to hear the word ' divorce' so often and so plainly pronounced,
and it was still more painful to read it in such distinct letters in
the new Constitution. ,
If the Constitutional Act of 1840 gave to the Canadian Parlia-
ment the absolute power of legislating upon the subject of divorce,
96
THE NEW CONSTITUTION,
I.
at least we are spared from seeing it written in the pages of that
Act. Therefore (and many complain of this omission), why was
it not stated in the project of constitution in general terms, * that
* the powers not attributed specially to the Local Legislatures should
* belong to the Federal Parliament.'
We would certainly agree with those who complain, if their
SQiggestion could be realized without producing a result precisely
contrary to what we desire. It is provided by one of the clauses of
this project of the Conference, that ciyil legislation will be left to
the Legislature of Lower Canada, and as divorce, legally speaking,
is nothing more than a dissolution of the civil contract, it follows
that, with the question of marriage, it must form part of the
category of civil laws, and will thus become a special attribute of
our local Legislature.
Thus, if it is intended that divorce shall be regulated as a Federal
question, it should be distinctly and specially laid down that such
would be the case ; it is, perhaps, an exaction, but it is a necassary
one.
■' 1
arnage.
CHAPTER XXIII.
THE same rules do not apply to marriage, because the latter
cannot lead to the same inconvenient results and produce the
same disastrous consequences. Marriage, being a civil contract,
belongs to the civil code, in which it occupies a very prominent
position, and, under different titles, it takes up the greater part of
that o«de, we mean of course, as regards consequences. If, therefore,
as stated in the project of the Conference, Lower Canada is to have
the control of its own civil legislation, why should that privilege be
QUEBEC CONFERENCE.
97
ages of that
i), why was
:ei'ma, 'that
tures should
lain, if their
ult precisely
he clauses of
ill be left to
ly speaking,
ct, it follows
part of the
attribute of
as a Federal
wn that such
3 a necessary
36 the latter
produce the
vi\ contract,
•y prominent
cater part of
If, therefore,
ida is to have
t privilege be
surreptitiously taken away, particularly as it is clearly granted in
another part of that same project ? Either the civil code should
or should not be under the control of the local Legislature ; if it is
to form part of it, let it be really and substantially incorporated in it.
If, on the other hand, we are told, and we really believe it, ' that
' there is no intention of interfering with our code and of aflfecting
' the consequences which may result from the marriage contract,' it
would be much better immediately to define what is meant by the
word 'marriage' as it occurs in the project.
If, by connecting the words divorce and marriage, it be intended
to grant to the divorced husband or wife the privilege of re-marry-
ing, we require no explanation ; and again, if the degrees of rela-
tionship and the absolute impediments that invalidate marriage are
to be included, we also understand the meaning ; but it is essential
that explanations and definitions should be given with precision,
because otherwise there must inevitably be conflict of opinion be-
tween the two legislative authorities, or a complete annihilation oi
the control to be exercised by our Local Legislatures over the civil
code.
One Legislature might say : 'We have the control of legislation
' on the subject of marriage,' and the other might say : ' Marriage
' is a civil contract j is forms part of our code ; you have therefore
' no right to touch the question. Can you now declare that tho
* subject no longer forms part of that code ? Therefore, why are
' we told in the clauses of the constitution that we are to have the
' control of our civil laws ? The 15th section of the 43rd clause of
' the project of the Conference is therefore a deception -ind a lie,'
These conflicts will inevitably be brought before the tribunals, and
unless there be an exact and distinct definition, the bench of judges
will be divided in opinion. Some will say, ' that marriage in one
' case can only be considered in its relation to divorce and to the
' liberty of the person divorced to re-marry or uot ;' others ' that
' the word marriage, in its most comprehensive interpretation,
' means all acts of marriage, all the qualities and conditions rc-
' quired for the celebration of marriage and the marriage contract,
' all causes of nullity, all its obligations, its dissolution ^^aij^aratlon
98
THE NEW CONSTITUTION.
MX
m
i 5
i&^^
'■'i-V
'U.
-:t'
■!l!l
Vl
'de corps," its causes and eflfects, in a word, all the consequences
' that may possibly result from marriage, with regard to husband
'and wife, to the children and to successions. Thus, all these
' matters are under the control of the Federal Parliament, and the
' Local Legislature is deprived of all right of legislation on the sub-
' ject of marriage.'
And again, others may say : ' No j there is concurrent jurisdic-
' tion, and in any case of conflict of legislation, the federal action
* must prevail, and local legislation, with regard to marriage and
' its consequences, shall only be valid when the Federal Parliament
^is silent on the subject.'
And th«re is a fourth view of the question : ' If divorce is ex-
* clusivcly under the control of the Federal Grovernment, because it
'is placed in the category of its attributes, marriage, which is
' mentioned in the same manner, and is, in fact, in juxtaposition to
' it in the project, will have to be submitted to the same rule, be-
' cause divorce, in its nature, also forms an essential part of the
' civil code, and if the thesis of a double jurisdictiou can be main-
( tained with regard to marriage, it must be equally applicable in
^ the case of divorce.'
This word, thus placed, creates an immense gap in our civil code.
We must not forget that the project of the Conference provides,
that whenever a conflict of legislation shall occur between the two
parliaments incases of concurrent jurisdiction; the judges shall
give the preference to the laws enacted by the Federal Parliament.
It beoomea therefore essential that clear explanations should be
given, in order that there may be neither ambiguity nor misunder-
standing, and that if there are 'lertain matters connected with the
questions of marriage or divorce which we would prefer to place
under the control of the Federal Parliament, they should be so dis-
tinctly defined that nn possible misinterpretation can arise.
AVe are aware that the delegates have acted with irreproachable
fair play and sincerity, and while they conceded to us the
control of our civil code, they never had any intention either
of depriving us of its benefits or of weakening it by federal
legislation. But they had so many questions of a paramount
QUEBEC CONFERENCE.
99
consequences
I to husband
Lus, all these
lent, and the
Q on the sub-
•rent jurisdic-
federal action
marriage and
al Parliament
iivorce is ex-
it, because it
go, which is
staposition to
ame rule, be-
part of the
can be main-
applicable in
political nature to discuss ; they had auch a short time to devote
to each, that it became impossible to define every question with
precision, and to foresee, at the moment, all possible conflicts and
difficulties.
Moreover, they could not pretend to be infallible, and it was im-
possible for them, in a first attempt, to record every point in a
rigorous and permanent form. They could only indicate in a gen-
eral manner the subjects submitted to them, and establish, without
absolute detail, the reciprocal attributes of the two legislative
authorities.
It was intended that the project should be submitted to Parlia-
ment and the press, leaving to them the duty of pointing out any-
thing that may have been forgotten in the examination of such an
important work. It could only be after going through such a
rigorous ordeal, that the difi"erent governments represented by their
delegates could correct and define, if such proceeding were neces-
sary ; otherwise, the publicity of tht project which we are now
discussing, would be deprived of its object.
ur civil code,
ice provides,
veen the two
judges shall
Parliament.
s should be
3r misunder-
ted with the
fer to place
Id be so dis-
rise.
reproachablo
to us the
ition either
; by federal
paramount
Criminal fab.
CHAPTER XXIV.
(Resolution 29, clause 32), ' Tha Criminal Law, excepting tlio constitu-
tion of Courts of Criminal Jurisdiction, but including tlie Procedure
in Cilminal matters.'
NOTHING- can bo more reasonable than this proviso, as the
proposed object is unity, and it becomes necessary to advance
towards that unity whenever local considerations do not placo
obstacles in our way.
Our criminal law is nothing more than English criminal law
slightly modified by our statutes ; and these modifications arc, in a
100
THE NEW CONSTITUTION.
''r ' •"
■$■:
1.
ill'
great measure, copied from the gradual changes made from time to
time in that branch of law, by the Parliament of Great Britain.
The criminal law of Upper Canada and of the Maritime Pro-
vinces, is derived from the criminal law of England, slightly
modified by lo.ial statutes. English law furnishes in the Courts of
all the Provinces (in criminal matters) the requisite precedents.
Nothing but English authorities are quoted in such matters.
If, fcr the reasons given elsewhere, we are desirous of maintain-
ing the operation of our civil code, for the same reasons, we are
proud to possess English criminal law, which has governed us
since the conquest, and now happily forms part of our institutions.
If tlie English civil code be fre(,uently obscure; if it rests more
on precedents than on principles; if matters of form are frequently
considered more important than facts : if fiction governs reality ;
and if the procedure in the courts of England becomes a tortuous
labyrinth in which the mind seems to be lost, and in which science
e'^en becomes discouraged, we cannot speak in the same terms of
the criminal law of England, in which the exercise of absolute
power is of itself criminal ; in which the accused may find protection
and warranty as well against surprises as against tyranny ; in which
far from being condemned without a hearing, he is furnished with
all possible means of defence, and is warned to beware of his own
imprudence and indiscretion.
If English criminal law roally has a fault, it is certainly in an
exaggeration of the means provided for individual protection. It
seems to have a weakness for individuals, and perhaps docs not
sufficiently protect society against their r.ggressions.
In France, a man's antecedents frequently lead to his condem-
nation ; his career is taken as it were from the cradle, and it is
traced by the police through every phase; the points at which ho
has stopped and the motives of his visits arc laid before liim ;
every act of his whole life is recorded with fidelity. He can even
be forced to recollect words unintentionally spoken, and the society
in which he has moved. IIo is asked to explain these dilferent
acts of his life, in order to make use of his replies. He is com-
pelled to make avowals, i.j order that they may bo recorded against
QUEBEC CONFERENCE.
101
I from timo to
at Britain.
Maritime Pro-
land, slightly
the Courts of
e precedents,
natters.
s of maintaiu-
sasons, ^ve arc
governed us
v institutions.
' it rests more
ire frequently
yerns reality;
nes a tortuous
which science
same terms of
36 of absolute
ind protection
iny ; in which
urnished with
ro of his own
ortainly in an
rotectiou. It
laps does not
his condcm-
idle, and it is
at which he
before him ;
lie can even
1(1 the society
lesc diiferent
lie is com-
iorded against
him. In such a case, it is society against the individual, and ia
such an unequal contest, a description of which we have just given,
the latter inevitably succumbs.
English criminal law, on the contrary, pays no attention to the
past, and fearing that the accused may not be on his guard,
he is solemnly warned by the tribunal not to incriminate himself.
Doubts are always in his favor, and frequently also the sympathy
of the jury. While the prosecuting counsel is obliged to present
direct evidence against the accused, and while the former charac-
ter of the latter, whatever may be the accusation against him, can
be of no moral weight in the case, he can, on the other hand, pro-
duce evidence of general good conduct, and thus soften, as it were,
the harshness and strength of the material evidence adduced
against him.
He possesses the right of challenging a large number of jurymen,
and he has, as it were, the selection of his judges, among whom,
he frequently finds the means of placing friends and men disposed
to acquit him, whatever the evidence may be. Such is the respect
for individuals, that the least defect in the iorm of procedure des-
troys the whole accusation, and sometimes even permits of escape
from the gallows, after sentence has been recorded against the
criminal.
Although the jury system contains defects and producoi incon-
venience, by permitting the escape of many guilty parties ; taken
with hahcas corpus, it is one of the greatest of all guarantees for
individual liberty. These two great principles are justly regarded
with pride by the people of England.
That law is ours, as well as it is that of the other provinces, and
they perhaps, more than ourselves, insist upon the immunities en-
joyed under the English criminal code. Therefore, there can be no
danger ; on the contrary, there is wisdom, in trusting this question
to the Federal Parliament.
102
THE NEW CONSTITUTION.
®lje Courts, ^ppomtntfiits anb ^ototrs of ftjis-
latuns.
CHAPTER XXV.
THE establishment of a General Court of Appeal for the
Federated Provinces. (Section 29, clause 34.)
31. ' The General Parliament may also, from time to time, establish
additional Courts, and the General Government may appoint Judges
and Officers thereof, when the same shall appear necessary or for the
public advantage, in order to the due execution of the laws of Parlia-
ment.
32. ' All Courts, Judges and officers of the several Provinces 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 Courts, Judges
and Officers of the General Government,
33. 'The General Government shall appoint and pay th^. Judges of
the Superior Courts in each Province, and of the County Courts in
Upper Canada, and Parliament shall fix their salaries.
35. 'The Judges of the Courts of Lower Canada shall be selected fromthe
Bar of Lower Cnnada.
3V. ' The Judges of the Superior Courts shall hold their offices during good
behaviour, and shall bo removeable only on the Address of both
Houses of Parliament.
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 Legislature, and
the latter shall be void so far as they are repugnant to, or inconsistent
with, the former.
38. * For each of the Provinces there shall be an Executive Officer, styled
the Lieutenant Governor, who shall bo appointed by the Governor
General in Council, under the Great Seal of the Federated 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 L 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.
60, 'Any Bill of the Local Legislatures may be reserved for the considera-
tion of the Governor General,
51. ' Any Bill passed by a Local Legislature shall bo subject to dis-
allowance by the Governor General within one year after the passing
theroof.'
The bearing of all these resolutions is to concentrate the legis-
lative and judicial power in the hands of the Federal Government
and Parliament. Their principle is correct, provided that nothing in
QUEBEC CONFERENCE.
103
rf Itjis-
eal for the
ime, establish
ppoint Judges
ary or for the
aws of Parlia-
ces shall aid,
a of its rights
yourts, Judges
ho Judges of
laij Courts iu
iected from the
53 during good
dress of both
to both the
Parliament
igislature, and
r inconsititeat
al
Officer, styled
the Governor
Bderated Fre-
ed before the
cause to be
immediately
by Messoge to
first session
paid by the
he considera-
bject to dis-
r the passing
nto the Icgis.
loverument
it nothing iu
it can interfere with the concessions made to the Local Legislatures,
or which may absorb their specific attributes.
We could find neither iuconvenience ncr danger in such a
principle, if our laws and institutions were similar to those of the
other provinces ; but, unfortunately, such is not the case. We
have special laws and institutions of our own, which really require
special protection.
We freely admit that there were great difficulties to overcome
with regard to Lower Canada ; that if on the one hand, French
Canadians and Catholics exacted protection for their institutions,
Protestants, on the other hand — who should have known better —
feared that their own institutions might be sacrificed in a Legisla-
ture composed of French Canadians and Catholics. As they
could not obtain a Legislative Union which neither the Lower
Provinces nor ourselves could accept, they desired at least to obtain,
in an indirect manner, a Central Crovernment and Parliament,
in which they imagined they would find greater protection for
themselves and their property ; and, in a case of emergency, for
their prejudices and antipathies.
We quote from Mr. G-;ilt's speech : —
* It was thought proper to give to the General Government the
' right to establish a general Court of Appeal for the Federated Pro-
' vinces. He thought that while there was no express provision
* for the establishment of such a court, many who had studied the
* question would agree, that it was desirable that the general Legis-
< lature should have the power of constituting such a court, if it
* saw fit to do so. At present, appeal lay from our courts ulti-
' mately to the Queen in Privy Council, and it was not intended to
* deprive the subject of recourse to this ultimate court ; but at the
' same time it was well, in assimilating the present systems of law
'for the benefit of all the provinces, that they should have the
' assembled wisdom of the bench brought together iu a general
' Court of Appeal, to decide ultimate causes which would, before
* long, doubtless supersede the necessity of going to the enormous
' expense of carrying appeals to England. It was proposed to ask
* the Imperial Government to confer upon the General Govern-
104
THE NEW CONSTITUTION.
■,V/'-'
:|f
I
t
♦I
* ment the power of constituting such a court, not, however, with
' the desire to abolish the present right of appeal to England.'
After having alluded to the importance of giving to the Gene-
ral Government the power of selecting the judges in the different
provinces, he adds : —
' But, in the case of Lower Canada, where we had a different
^ system of law altogether, it was plain that the judges could be
' selected only from among gentlemen conversant with that law,
^ and therefore it was provided that the judges should bo selected
' from the bars of the respective provinces in which they were to
' ?.et ; but in the case of the consolidation of the laws of the seve-
' ral Maritime Provinces and of Upper Canada, the choice would
' extend to the bars of all those provinces.'
If we have grouped so many resolutions together at the head of
this article, i' was with the view of giving their general tendency,
and because, as regards the judicial question, they may be consi-
dered as corollaries of the same proposition. We shall, at another
time, examine several of these resolutions under different aspects,
and from different points of view.
With unity as a n 'n object, these tests give additional secu-
rity to the J.ower Canada minority in the results that may be pro-
duced by Confederation. We have no objection to this, provided
that the protection granted to one class will not be the means of
causing injustice to others, and that privileges given cheerfully
may not eventually produce disappointment.
We purpose showing that everything in the series of resolutions
at the head of this article seems to tend towards the same object :
1st. The courfs, the judges, and the public oflBcera of the pro-
vinces are to assist the General Government, and in the exercise
of their rights and attributes, they must obey that power, and be-
come, to all intents and purposes, the courts, the judges, and the
officers of that Government,
27id. The Federal Government shall appoint and pay these
officers.
3n/. That power alone can deprive them of office.
Ath. When the General Government becomes dissatisfied with
QUEBEC CONFERENCE.
105
»wever, with
igland.'
0 the Gene-
;he different
1 a different
ges could be
th that law,
I bo selected
they were to
of the seve-
choice would
Lt the head of
ral tendency,
lay be cousi-
11, at another
erent aspects,
itional secu-
may be pro-
his, provided
he means of
n cheerfully
■ resolutions
same object :
of the pro-
the exercise
)wer, and be-
ges, and the
pay
these
satisfied with
any such officers, although the law may establish that they are
amenable to that power as it appoints, pays, and may remove them ;
new judicial tribunals, new judges and new officers may be ap-
pointed, who will in reality be subject to that power, and who may
be placed over provincial tribun vis perfectly independant of them,
and in exclusive possession of the attributes above alluded to.
Under no other circumstances could their appointment be possibly
justified.
In any question submitted to the concurrent jurisdiction of the
Federal Parliament and local Legislatures, the laws of the former
shall prevail over those of the latter. Should a conflict occur, we
can easily foresee what would be the chances of the latter, judged
by men who know nothing of them, and who will be specially ap-
pointed for the purpose of giving ascendancy to the laws of the
central Parliament.
bth. In order to cap the climax to this judicial edifice, the
Federal Parliament reserves the privilege of creating, in case of
necessity, a general Court of Appeal, which will be superior to the
whole judicial hierarchy, and which may at any time annul all
decisions.
How can this provision be reconciled with clause 35th, which
declares, ' That the judges of Lower Canada shall be selected from
' the bar of Lower Canada,' because, according to Mr. Gralt's words,
none but Lower Canada advocates can really understand the laws
of Lower Canada ?
How can thit, Court of Appeal, composed of a majority of men
ignorant of our laws, decide in cases referred to them ? It is in-
tended that they will consult judges from Lower Canada, who form
part of the Bench in Appeal, on the model of the House of Lords,
which leaves to the Law Lords the decision of questions of law.
In such a case, it would have been more reasonable to leave the
decision to the Court of Appeal for Lower Canada, more competent
to undertake the judgment of such exceptional cases.
Either our civil code is left to our Local Legislature, or it is not.
If it is, we should not thus surrender the power of handing over
the privilege of decision to a tribunal composed of men who do
106
THE NEW CONSTITUTION.
not understand it^ and who would regulate those decisions accord*
ing to the principles of laws which we have obstinately refused to
accept since the days of the conquest.
What seems to us very strange is, that while creating this Su-
preme Federal Court, and by placing it above the courts of the six
provinces, the Privy Council of Her Majesty still remains as a
tribunal which can b6 finally appealed to. The object then, of
creating this court, at great expense, must be merely to establish
another degree in the judicial scale, because suitors who may be
dissatisfied with the decision of a court (declared by the constitu-
tion itself to be incompetent) will invariably appeal to the Privy
Council for a final decision.
If the privilege were granted to appeal directly to the highest
tribunal in London, we may rest assured that they would ignore
the Federal Supreme Court, and thus save considerable expense,
while they would perhaps obtain a better decision.
The jurists who compose the judicial committee of the Privy
Council are profoundly versed in the science of lloman law, which
forms the basis of our civil code ; and they are in close proximity
to the leading French jurists, whom they consult in any case of
difficulty. They may err sometimes in giving judgment, but, at
least, they give as great a guarantee of science and experience as
it is possible to obtain among any class of legists, and, in any case,
they must be regarded as composing the supreme tribunal of the
realm. It is very true, as Mr. Gait remarked, that we do not im-
mediately constitute this Federal Court of Appeal, but we obtain
the power to establish it when deemed necessary. We must not
forget the popular proverb : — * As ice make our bed so must we lie
' on it.' ' Comme on fait son lit, on se couche,'
If this tribunal be considered unnecessary, why should we re-
serve the right of creating it ? If the reserve is made, it must be
because it may have to be used against us at a future day, under
influences which we cannot now foresee, and which we may not
then be able to control.
We can easily understand the thought of the Conference, and
we have great confidence in Mr. Gait's sincerity, when he states
QUEBEC CONFERENCE.
107
sions accord-
ly refused to
ting this Su-
rts of the six
remains as a
jeot then, of
y to establish
\ who may be
the constitu-
to the Privy
► the highest
would ignore
able expense,
of the Privy
in law, which
Dse proximity
1 any case of
nent, but, at
experience as
, in any case,
ibunal of the
ve do not im-
it we obtain
We must not
J must toe lie
hould wfi re-
e, it must be
•e day, under
we may not
iference, and
en he states
that ' there is a great difference between the possession of power
' and the exercise of it.' This Court of Appeals can scarcely ex-
ist under a Colonial Confederation, but might be created in a Con-
federation holding the position of an independent nation. With
regard to our civil code, it would not be required, but in the ge-
neral constitutional questions that may arise in a ^onflict between
the legislation of the federal and that of the local governments, it
would be very useful. In such a case it would be much better to
state distinctly and clearly what is desired, and to define at the
outset the attributes of that great constitutional tribunal, instead
of thus trusting vaguely to misapprehensions as to its powers at a
future day, and so give rise to difficulty and danger.
But there are many clauses and judicial provisions placed in
the way of suitors, that may interfere with our civil code; and
there are others which seem to tend towards the same result : —
1st. The Lieutenant Governors shall be appointed by the Grene-
ral Government.
2nd. They shall be paid by that Government,
Srd. They may be removed by the same power.
4th. These Lieutenant Governors — mere creatures of the General
Government — will have the right of veto with respect to all laws
passed by the Local Legislatures.
5th. They may reserve these laws for the consideration of the
General Government.
Gth. As officials of that same Government, they will be com-
pelled to act with respect to such laws, on the instructions received
from the central power.
With all these obstacles, how will the Local Legislature be able
to be put into operation, should the General Government be in-
clined to thwart their legislation ? Of course we mean all this in
connection with the operation of our civil code. It may be said,
in reply to our objections, that these difficulties may never exist,
because they will never be entertained in the General Government
more than they have been in the opinions of the members of the
Conference. But, if the most eminent statesmen of British North
America have met together to write a constitution, and that in
108
THE NEW CONSTITUTION.
the constitution so written or composed, they have deemed it pru-
dent to make certain stipulations and protect certain rights in the
future, it must be that they have considered such precautions ne-
cessary, othsrwise they would have passed over them in order to
reach, with greater certainty, that perfect unity which we also would
desire, could it be found practicable.
In concluding this lengthy article, we may remark, that if we do
object to a federal Court of Appeal so constituted, which would
override our civil code, we could have no objection to reserve the
power for its creation as a supreme tribunal at a future day, when
the circumstances and consequences above described might render
it necessary. Neither could we object to it, if constituted solely
for the five other provinces of the Confederation, whose civil laws
are identically similar.
A
ftniformiti! of Ciliil Iafo»
CHAPTER XXVI.
33. ' Rendering uniform all or any of the laws reiative to the property and
civil rights ia Upper Canada, Nova Scotia, NewBr'jQSwick,Newfound-
land and Printe Edward Islaud,and rendering uniform the procedure of
all or any of the Courts in these Pro/inces; but any statute for this
purpose shall have no force or authority in any Province until sanc-
tioned by the Legislature thereof.'
THIS is an importast clause to all the provinces except Lower
Canada. We here find what a degree of protection the project
gives to these provinces in relation to their civil laws. All their
laws are nearly similar, and yet the Federal Parliament is not to be
permitted to complete that assimilation without the consent of the
Local Legislatures I
The veto here, instead of coming from above, will come from
below, and it will not be the central Parliament which will control
local Legislatures, but it will be the Local Legislatures which will
control the Federal Legislation.
QUEBEC CONFERENCE.
109
jemed it pru-
rights ID tlie
ecautions ne-
a in order to
sve also would
that if we do
which would
0 reserve the
re day, when
might render
tituted solely
lose civil laws
le property and
rick,Newfound-
le procedure of
statute for this
ace until Banc-
except Lower
)n the project
vs. All their
nt is not to be
onsent of the
ill come from
h will control
js which will
In this clause the vigilant eye of the representatives of the
English Provinces is plainly visible ; these provinces, therefore,
should not find it strange if Lower Canada should seek for itself,
in the project, an equal measure of protection under diflferent
forms J nor should they find it more strange because we have the
assurance of it in the spirit of liberality shown by their representa-
tives in the Convention.
fcigratiott m)i Agriculture.
CHAPTER XXVIL
'Emigration.' Section 35, Clause 29.
'Agriculture.' Section 36, Clause 29.
EMIGRATION and Agriculture are questions of extreme impor-
tance to the country ; the Conference so well understood this,
that it has established, with respect to these subjects, a concurrence
of legislation between the Central Parliament and the Local
Legislatures. Thus sections four and five of clause 43, place Agri-
culture and Emigration under the head of Local Legislation.
Here we • should have some fear of conflict, if clause 45 did
not say : ' In all questions which have been submitted concur-
* rently to the control of the Federal Parliament and the Local
' Legislatures, and in cases where the Federal Parliament shall have
' carried a measure againsta Local Legislature, the laws of the latter
' will be null and void in all cases, where they might conflict with
' those of the General Parliament.'
To understand the object of these concurrent attributes, it will
be as well to read that part of Mr. Gait's speech which comes
under the head of ' Emigration and Lands.' The word
* lands' here, doubtless represents the word agriculture in the 36th
section of the 29 th clause, and in the fourth section of the 43rd
no
THE NEW CONSTITUTION.
41: •
clause of the project. Let us listen at this point to the Minister
of Finance :
EMIGRATION AND LANDS.
' With regard to the position they would occupy in the Loc<t]
' Legislature, there were two or three questions in which they must
' feel very great interest, and in which they might fear, that hostile
' action might be taken towards them, if such an unwise course
( should be attempted by their French Canadian fellow-subjects.
' He would refer first to the question of Emigration and Lands.
< No doubt here in the Eastern Townships it had been felt by many,
{ that possibly, in leaving the lands in the hands of the Local
( Governments, some rules might be made which would restrict the
' occupation of those lands to their French Canadian friends solely.
< So far as his experience went, we had always been delighted to sec
' our wild lands settled by French Canadians. They had, like the
* rest of the people, com'- in and bought the lands they occupied,
' With regard to the public domain, it was clear that no distinction
' could be drawn by the Local Legislatures. It was possible they might
' adopt the unwise policy of putting on a price which would prevent
' any from buying, but, if the land was exposed to sale, it must be
' open to one race as the other. In some respects, he might have
' preferred, not in the interests of Lower Canada, but in the inte.
' rests of the whole country, to have seen them at the disposal of
' the General Government. But circumstauces prevented that —
* not the .position of Lower Canada, but the great importance
' attached to the public domain by the Upper Canadians, and in
' the case also of Nova Scotia and New Brunswick by their respec.
' tive governments and people, who were determined to have control
' of their own lands ; though he thought the general interes^.
* might have been promoted, if we could have gone to Europe and
* put one comprehensive scheme of colonization and emigration
' before the world at large. That was prevented now, and all we
"' could hope for, was that such wise measures might be adopted by
< the Local Legislatures as would have the same results, while it was
' necessary to leave in the hands of the Local Parliaments and
' Governments the power of determining the rates or terms on
m'
QUEBEC CONFERENCE.
Ill
c Minister
the Loca]
. they must
that hostile
wise course
w-3ubjects.
aud Landa.
It by many,
[■ the Local
restrict the
lends solely,
ghted to see
ad, like the
y occupied,
distinction
3 they might
)uld prevent
, it must be
might have
a the inte.
disposal of
nted that —
importance
ians, and in
heir respec.
aave control
al interes|.
Europe and
emigration
and all we
adopted by
tvhile it was
amenta and
)r terms on
' which lands might bs obtained by emigrants when they reached
* us, or when the natural increase of our own population required
* our young men to take up lands in the back country. He did not
' think it should be apprehnnded that the Local Governments would
' adopt any policy which would check that which was manifestly
' for the interest of the community at large. Whatever policy wero
' adopted, whether a wise or a foolish one, must be a policy, apply-
' ing equally to all. No distinction could be drawn, with reference
' to nationality or creed among those who went upon the Crown
' domain to buy lands. He did hope and trust that Lower Canada
' would set an example of liberality, in regard to the disposal of her
' lands, which he was satisfied was her true policy — and especially
' in regard to her mineral lands, which were now exciting so mucli
' attention, — and he hoped it would be the case that Lower Canada,in
' seeking to dispose of her lands, would look rather to the advant-
' age of having an industrious population settled upon them, than
' to the direct pecuniary benefit she might get from their sale.'
We may be sure that these are not Mr. Gait's own fears that lie
expressed on that solemn occasion, but rather those of the popula-
tion to whom he spoke ; for in all his relations with us, that eminent
man must have learnt to know us better. Ho knows that on every
occasion, we have carried toleration and generosity to its utmost
limits ; he knows that fanaticism and prejudice have never enjoyed
the right of citizenship among us ; if they have been found in our
country, and if they have thrust themselves upon the national soil,
he may rest assured that they are not indigenous to that soil.
Wer« the French Canadians to be in a majority to-morrow in the
Local Legislature, we would not find them adopting the exclusive
policy of which they have seen so many sad examples elsewhere.
In asking to be allowed to develope their own resources, accord-
ing to their natural force and expansion, they do not desire to
restrain the liberty of others j and as the supreme interest of all
is the settlement of the country, they will uever foolishly place
taxes on the sale of public lands to p.uch a degree as to force their
own people to go and seek their fortune and livelihood in a strange
land.
112
THE NEW CONSTITUTION.
There is then no danger, as Mr. Gait has observed, that they
will, by such a suicidal policy, drive away men of other creeds
and other origins ; for a similar erroneous policy would drive away
those of their own creed and of their own origin. But Mr. Gait
has not said a word of the concurrent Legislation of which the
project of the constitution speaks in regard to emigration and
agriculture. He only tells us, that it would be desirable that they
should organize in Europe an emigration to the British Provinces
on a vast scale. Is it with that object that the Federal Parliament
reserves the right of legislating upon emigration and agriculture ?
and, in that concurrent power, does it reserve also the right of
fixing the price and conditions of the sale of lands ? This is an
important point to clear up, for conflicts on this subject would be
regrettable, and^ in any case, to avoid them, it would be wise to
define with care the attributes of the two Legislatures in relation
to these same questions.
^B'
■ *.■ ■■ !
I^ppointuunt anfe Sates of |ubges.
CHAPTER XXVIII.
33. ' The General Government shall appoint and pay the Judges of the
Superior Courts in the different provinces, and of the County Courts
in Upper Canada, and the Federal Parliament shall fix their salaries.'
IF local legislation is otherwise protected, and if some amend-
ments, such as we have indicated in our last articlos, might
be made in the project of constitution, wo could see no incon-
venience to Lower Canada arising from the judges being nominated
and paid by ihe Federal Government j for it is evident, according
to that same text of the project, thnt if any judge bo guilty of
flagrant dereliction of duty, he may bo dismissed j such derelic-
tion as has not been seen since the Union, — though it has been
QUEBEC CONFERENCE.
113
our fato to witness many strange things during these last 25
years of social and political existence, — and consequently, nothing
would induce the judges to give an undue preference to federal
over Local Legislation.
One of the guarantees for Lower Canada is the obligation
upon the Central Government to take the judges from Lower
Canada. This is a species of compromise between thetwoautJiori-
ties — that the one shall pay and the other shall furnish them. If
the Local Government had both paid and provided the judges, the
Federal Government might perhaps have had some apprehensions
in respect to the legislation of the Central Parliament ; the same
way as if the Federal Government had both furnished and paid
the judges, the Local Legislature would have had some ground for
fears in respect to the integrity of their own laws.
But beyond these considerations, the Conference seems to have
wished to establish an equilibrium between the two legislative
and governmental authorities. They had another and a higher
interest — that was the social and scientific value of the judicial
tribunals. They feared that, in leaving the choice of the high
functionaries of justice at the disposal of the Local Governments,
the intellectual and moral level of our tribunals would have
succumbed under theinfluence of intrigue, and they justly thought
that the General Government would, on the whole, choose better,
and make that choice among the most eminent men of our bar,
without being swayed by small local coteries, in fact, without
paying any attention to their recommendations.
k2
114
THE NEW CONSTITUTION.
^1^
'&
■^ij;
CHAPTER XXIX.
»8. <Each Province shall have an Executive oflScer, styled "Lieutenant
Governor,", wko will be appointed bj the Gorernor General in Council,
etc'
THIS plan'will probably be the one most discussed in the debate
which is about to open in a few days. Some desire that the
.LieutenantjOovernors should be chosen by the Local Legislatures ;
.others, that they be chosen by the Sovereign, as in the case of the
present governors of provinces ; others again, that they be elected
by the people.
We may say in the first place, that the election of Lieutenant
Governors by the Legislature is simply absurd; for, if they
were elected by the members, they would always be dependent upon
them, and would not be sufficiently free to resist the aggressions
of those who had elected them. The Governor himself forms one
of the three bodies which compose the Legislature ; he is as
essential as the other two, for without his concurrence no law can
be passed by them. It is then necessary that he should be inde-
pendent of them in the same degree that they are independent of
him, and that he should be as free to refuse and sanction as them-
selves. It is necessary that he should hold the right of veto, a
right inherent in the nature of his legislative existence. But if
he were to be their creature, he would cease to be their equal, and
the utility as the reason for his ' r6lo' would no longer exist.
Thus, the only three rational modes, upon whicli opinions differ,
are : the choice by the General Government, as the Conference
desire it ; by the Sovereign ; and by the election of the people.
It is easy to understand the object of the nomination of gover-
nors by the Sovereign, in the colonial condition of British North
America. These men are the immediate representatives and
guardians of Imperial sovereignty. But that would rationally
cease to be necessary from the moment that, by another political
U.
QUEBEC CONFERENCE.
115
' Lieutenant
1 ia Council,
the debate
e that the
?gislatures ;
ease of the
be elected
Lieutenant
'V, if they
odent upon
aggressions
I forms one
he is as
0 law can
bo inde-
pendent of
as them-
of veto, a
But if
qual, and
exist.
ions differ,
onfcrence
people,
of gover-
ish North
lives and
rationally
political
organization, the necessity for local representation of the Crown
ceases, and that we can concentrate in a single person the character
and attributes of Imperial sovereignty, from the moment that, by
9, single representation, the arm of the Sovereign can reach every
point of the domain of the empire.
The only argument against this order of things is, that it tends
to diminish the number of chances for the advancement of certain
men in the country, but the argument is worth nothing to anybody
but them j the personal interests of individuals can weigh but
little against the destinies of a whole people.
The object of this concentration of the administrative power is
sufficiently evident. The Conference desired by that means, to
simplify the relation? of the Sovereign, with all Her domains
situated in North America ; they also wished by this concentration
to render the executive action more spontaneous and more effica-
cious— on great occasions and where decisive action is necessary —
they wished also, for the future, to substitute the sovereignty of the
Federal Government for Imperial sovereignty, in order to maintain
in the new empire that direct action, but tempered always by
those constitutional checks, by means of which the Government of
the Mother Country has been able to maintain its sovereignty over
the whole extent of its colonial possessions.
Some have also spoken of the honor the colonies would derive
from being represented by men born within their limits. But this
consid ration would bo personal only, in the case of those who
should have the good fortune to be chosen, Itut would have no
value in the consideration of the great question of which we were
just speaking ; that is to say, in relation to governors named by
the Imperial Government.
Those who would wish tho governors to be elected by the people
follow another order of ideas. They are oven opposed to monar-
chical institutions.
Republicans rather than Democrats, they prefer the elective
principle, pushed to its most extreme and exaggerated limits, to
the really democratic constitution of Great Britain, which gives to
116
THE NEW CONSTITUTION.
>i
that people a more immediate, constaDt and efficacious control over
the Government.
They want elective governors, because elective governors are a
direct step towards the establishment of a republic. But, for those
who aspire t© another state of things — for those who would escape
the demagogical water-spout in the midst of which the Northern
Southern and Central American Republics are convulsively strug-
gling ; for those who would keep beyond the sphere of influence of
the Great Eepublic which is now, after eighty years' experience,
already decrepit and worm-eaten ; for those who are not annexation-
ists ; for those who cherish the noble thought of founding a new
empire upon bases more stable and upon principles more in h ar.
mony with the institutions, the manners and the sentiments of the
Lower Canadian people ; for those who do not wish to see their in-
stitutions and their language, of which they are so proud, swallowed
up in the immense abyss where everything disappears, and to the
aurface of which only ascends the fetid scum of material interests and
moral corruption ; for those who desire not to be taxed to exhaus-
tion, to pay their share of five hundred millions of dollars of annual
tax and of the three billions of accumulated debt in the United
States; in short, for those who do not desire to see their children
perish by hundreds of thousands in the miasmatic marshes of Vir-
ginia and the other Southern States, or spilling their blood in
streams in the fratricidal combats which have been going on there
for the last four years ; for people who do not desire any part or
share in such things as these, the principle of elective governors
can have no charm.
That which they do desire, is, that in the projected institu-
tions, there should be established good guarantees for personal
liberty, national liberty and the permanent and active control of
the people who pay taxes, over the administration of public
affairs.
Now, with regard to this direct, prompt and permanent action
of the people, we should also have the local representatives and
the federal representatives, without whose will, governments,
whether local or central, could not expend a single cent of the
QUEBEC CONFERENCE.
117
13 control over
overnors are a
But, for those
would escape
the Northern
ulsively strug-
of influence of
rs' experience,
ot annexation-
mnding a new
more in har.
timents of the
to see their in-
oud, swallowed
ars, and to the
s,l interests and
:ed to exhaus-
lUara of annual
in the United
their children
arshcs of Vir-
their blood in
;oing on there
a any part or
ive governors
ected inatitu-
for personal
vo control of
on of public
manent action
icntativcs and
governments,
ie cent of the
public money. "We should have it further, in the control that
these same representatives of the people would exercise over the
selection of the Councillors of the Crown.
Parties are necessary under representative institutions. They
only do harm when they go beyond their functions. What are the
political institutions that have existed from the time of the ancient
republics of Greece and .Rome down to our own day ? Where are
the political ^institutions under which parties and ideas of every
kind, could move more at their ease than under the constitution
of Great Britain, and that which we have borrowed from it ? And
after saying this much, we need scarcely add, that we are not for
elective governors.
foal f egislalures.
CHAPTER XXX.
41. ' The Local Government and Legislature of each ProTince shall be
constructed in such manner as the existing Legislature of each such
Province shall provide.'
42. ' The Local Legislature shall have power to alter or amend their con-
stitution from time to time.'
THE several provinces will, therefore, establish their respective
legislatures and governments on a basis which they may
themselves select. In addition to this, they shall have the power,
at pleasure, of amending or changing the constitutions thus esta-
blished. The only conditions to which they will bo submitted, aro
those laid down by Clauses 48, 49, 50, and 51. Wo will give our
attention to thes« clauses on another occasion.
These two clauses involve the consideration of two diflForent ques-
tions of order j that relating to local administrative and legisla-
tive organization, and the expenditure to be rendered necessary by
118
THE NEW CONSTITUTION.
I
'!"1l
the working of the whole system. With regard to the machinery
to be employed in the Local Legislatures and Governments, we will
immediately lay down the fundamental principle to be established.
These local institutions are intended to control the public funds
through the representatives of the people; to ha^e the initiation of
money measures through the Crown with a double responsibility to
the Crown and to the people. If we go beyond this, we must have
recourse to hypotheses. Will the provinces agree upon a uniform
system of Government and Legislature, and will we decide upon
having one or two branches in our Local Legislature ? Will the
departmental system be divided into two, three, four, five, or six
branches, and how will these branches bo styled? How many
members will we hav6 in each branch of our Legislature, if we
have a Legislative Council ? Will the members of the Upper
House be elected by the people or nominated by the Crown ? How
long will bo their term of office, if elected by the people ? Shall
they be compelled to show property qualification? and what will
that qualification be ? For what term will the members of the Lower
House be elected ? Will the length of sessions and the date of
their opening be determined upon ? And, finally, will candidates for
the lower branch of the Local Legislatures be required to possess
property qualification ?
All these- questions can be put without the possibility of a solu-
tion, because we do not now know how the dificrent provinces will
settle them.
If economy be aimed at by the provinces of the Confederation,
as each will have a stated revenue, and as they will not be much
inclined to resort to direct taxation for the purpose of maintaining
an expensive Government and Legislature, it is probable that they
will decide upon having only one House, composed of a small num-
ber of members ; that the term of sessions will be fixed, and of short
duration; and that the indemnity to members will be very small in
amount.
A session of 30 to 40 days, under such conditions, would be
comparatively inexpensive. Nothing can prevent this limitation to
the length of the sessions of the Local Legislature, because very
id
QUEBEC CONFERENCE.
119
the machinery
nmeuts, we will
be established.
e public funds
bhe initiation of
•esponsibility to
s, we must have
upon a uniform
we decide upon
ire? Will the
bur, five, or six
? How many
igislaturo, if we
I of the Upper
Crown ? How
e people ? Shall
? and what will
srs of the Lower
ind the date of
II candidates for
lired to possess
few measures submitted to that body can be supposed to create pro-
tractei debates, and it would be easy to regulate the procedure in
a manner which would secure the prompt passing of measures ;
provided always, that public and private interests would not suflFer
thereby.
Another condition might be, that measures still on the roll for
consideration should stand over in the same stage till the ensuing
session. It would, perhaps, be difficult to reduce the number of
members in the Local Legislature below that of the present Legis-
lative Assembly of Jjower Canada, but that number would be suffi-
cient to satisfy all requirements. If we are well informed, competent
judges have estimated the surplus of expenditure over income, in the
complicated system of local and general governments and legisla-
tures at §400,000. This is a large sam, but if the sacrifice can secure,
as w« believe it will, for British North America, peace, happiness,
harmony, prosperity and national greatness, we are certain that
such a sacrifice would be willingly made by the people of the difi'e-
rent provinces. The only objections will be offered by those who
are in favor of a Legislative Union, for the same reasons which in-
duce us to reject such a union.
)ility of a solu-
t provinces will
Confederation,
11 not be much
of maintaining
bable that they
of a small num-
ed, and of short
)e very small in
ions, would be
his limitation to
e, because very
CHAPTER XXXI.
6. ' Education ; saving the rights and privileges which the Protestant or
Catholic minority in bothOnnadas may possess as to tbeir Denomiaa-
tional Schools at the time when the Union goes into operation.' (43rd
paragraph, 6th Section.)
11 HE Local Legislatures are thus entrusted with the control of
- education, certain acquired rights being specially excepted.
This is a couceision of very great importance, and without it, con-
120
THE NEW CONSTITUTION.
federation would be impracticable, because education is society
itself in a state of infancy. It comprises in its meaning and import
manners, feelings, tendencies, and the works of generations still
unborn. In the diflBculty which arose in the debates of the Con-
ference, with the view of deciding whether the rights of parents to
instruct their children should prevail, or whether the child might
be taken away forcibly from its father and mother, to be instructed
under a radical system, where the name of God and sacred symbols
are not invoked ; the victory, we are happy to say, was gained in
the interests of the parents.
This question of education was considered so important by
the delegates, that Mr. Gait considered it to be his duty to allude
to it twice in his Sherbrooke speech :
' He would now endeavor to speak somewhat fully as to one of
< the most important questions, perhaps the most important, that
* could be confided to the Legislature — the question of education.
* This was a question in which, in Lower Canada, they must all
* feel the greatest interest, and in respect to which more apprehen-
' sion might be supposed to exist in the minds, at any rate, of the
'Protestant population, than in regard to anything else connected
^ with the whole scheme of federation. It must be clear that a
* measure would not be favorably entertained by the minority of
* Lower Canada, which would place the education of their children
' and the provision for their schools wholly in the hands of a ma*
*jority of a different faith. It was clear that in confiding the
* general subject of education to the Local Legislatures it was abso-
' lutely necessary it should be accompanied with such restrictions
' as would prevent injustice, in any respect, from being done to
' the minority. Now this applied to Lower Canada, but it also
•* applied, with equal force, to Upper Canada and the other pro-
' vinces, for in Lower Canada there was a Protestant minority, and
' in the other provinces a Roman Catholic minority. The same
^ privileges belonged to the one of right here as belonged to the
* other of right elsewhere. There could be no greater injustice to
' a population than to compel them to have their children educated
' in a manner contrary to their own religious belief. It had been
Af
QUEBEC CONFERENCE.
121
iion is society
ing and import
3nerations still
Bs of the Con-
:s of parents to
be child might
0 be instructed
sacred symbols
was gained in
important by
duty to allude
I? as to one of
important, that
; of education,
they must all
nore apprehen-
ly rate, of the
else connected
e clear that a
le minority of
their children
inds of a ma-
confiding the
es it was abso-
ch restrictions
being done to
la, but it also
the other pro-
minority, and
J. The same
longed to the
ter injustice to
Idren educated
It had been
stipulated that the question was to bo made subject to the rights
and privileges which the minoritiesmighthaveas to their separate
and denominational schools. There had been grave difficulties
surrounding the separate school question in Upper Canada, but
they were all settled now, and with regard to the separate school
system of Lower Canada, he was authorized by his colleagues to
say, that it was the determination of the Government to bring
down a measure for the amendment of the school laws before the
Confederation was allowed to go into force.
It was clear that injustice could not be done to an important class
in the country, such as the Protestants of Lower Canada, or the
Roman Catholics of Upper Canada, without sowing the sesds of
discord in the community, to an extent >fhich would bear fatal
fruit in the course of a very few years. The question of educa-
tion was put in generally, — the clause covering both superior and
common school education, although the two were to a certain extent
distinct.'
And elsewhere he says : ' He would take this opportunity of
saying, and it was due to his French Canadian coUeagues in the
Government that he should thus publicly make the statement,
that so far as the whole of them were concerned — Sir Etienne
Tach6, Mr. Cartier, Mr. Chapais and Mr. Langcvin — throughout
the whole of the negotiations, there was not a single instance
where there was evidence on their part of the slightest disposition
to withhold from the British of Lower Canada anything that they
claimed for their French Canadian countrymen. They acted wisely
in taking the course they did, for certainly it encouraged himself
and others to stand up for the rights of their French Canadian
friends. The oppoi^ents of the measure bad tried to excite ap-
prehensions in the minds of the British of Lower Canada on the
one hand, and in the minds of the French Canadians on the
other, by representing to one and to the other that they were to
be sacrificed. This, in ftict, was the best evi'ieuce that the
measure had been wisely framed, and that it was not to give
power or dominance to one over the other.'
122
THE NEW CONSTITUTIO.V.
The publication 'of the project of the Conference created a stir
among the Protestant population of Lower Canada. Some cop.-
tended that there should be amendments to the law which places
that minority as regards the Catholic majority on the same footing
as the Catholic minority of Upper Canada with the Protestant
majority of that section ; some again claim that a superintendent
of public instruction should be appointed for vLe Protestant minor-
ity, while others consider that their superior educational institu-
tions are entitled to endowment. If the present school law does
not suflBciently protect the Protestant minority of Lower Canada,
the Government has performed its duty by promising amendments,
which will afford additional protection ; but the establishment of
two Bureaus of Public Instruction would be an insult to common
sense, and a material impossibility, unless it were intended to
expend in salaries and office contingencies a sum which could be
more usefully appropriated for the purposes of public instruction.
We must not forget also, that the concession of this principle in
Lower Canada, would necessarily involve its repetition in Upper
Canada, because in that section of the province the Catholics are
more numerous than the Protestants of Lower Canada, the figures
being, —
Catholics, Upper Canada 358,1 il
Protestants, Lower Canada 167,940
Professor Dawson has publicly admitted that the Hon. Mr-
Chauveau, Superintendent of Public Instruction, has always con-
ducted himself towards Protestants with the most perfect justice
and impartiality ; but, as an argument, he expressed his opinion that
possibly in the future, Mr. Chauveau's successor might not act in
the same spirit of justice and impartiality.
He is strangely mistaken. Liberality cannot be exclusively attri-
buted to Mr. ("hauveau; it is an inherent element in the character
of the race of which he belongs. In order to be convinced of this
fact, it is only necessary to read the history of our legislation, from
the granting of our Constitucion in 1791, to theprescnt day. la
it not the case that the Lower Canada House of Assembly, long
before the union, granted to Dissenting Protestants the civil rights
QUEBEC CONFERENCE.
123
which, up to that time, had only been enjoyed by Roman Catholics
and members of the Church of England ? Is it not equally true
that Jewish disabilities were abolished in Lower Canada twenty
years before the question was agitated for the first time in the Par-
liament of Great Britain ?
With such facts before us, our case is eloquently pleaded, and
surely Protestants cannot have any suspicion of our liberality, nor
can their apprehensions be justifiable.
They need not fear; the teachings of the past will guide us in the
future, and we shall strive to surpass in that respect, anything that
may have been done by our ancestors. We desire that a law should
be passed, which neither the Federal nor Local Legislature could
control, by which minorities would be universally protected, and
that any acts of the Superintendent of Public Instruction, which
might be considered unjust in their object, would be properly dealt
with, according to their merits, by the judicial tribunals of the
country, and such acts would thus be always certain to meet with
the punishment they would deserve.
Moreover, the population of Lower Canada is so distributed ia
certain districts, that if Protestants are in a minority in some locali-
ties. Catholics are in others, and consequently a common interest
must necessarily guide the whole population. Experience and the
law teach us that the local functionaries in charge of the school
system are more powerful for evil and injustice, than the Chief
Superintendent of Public Instruction, because they exercise a con-
stant and immediate control over education, the teachers, the sup-
port and the management of common schools.
The endowment of Superior Protestant Educational Institutions,
is as impracticable as the appointment of two superintendents of
public instruction. Such a proceeding would necessitate grants
by the State to Catholic Institutions of the same character, and
eventually the revenue of the public domain would be totally ab-
sorbed by such a system. It is perfectly absurd to pretend at the
present day, that the State should endow such institutions, when
we find that the Sulpicians of Montreal, build churches, support at
heavy cost the Catholic religion and give gratuitous instruction
124
THE NEW CONSTITUTION.
to upwards of ten thousand children ; when the Seminary of Que-
bec gives a classical education to upwards of five hundred pupils,
and at considerable sacrifice, maintains on a splendid footing the
Laval University, which was constructed twelve years ago on
the promontory of Quebec. These institutions were in possession
long before the conquest, of property which they do not hold from
the Crown. Under the proposed system, claims would be multiplied
as often as new institutions would bo brought into existence ; for
instance, with greater reason the Catholics of Upper Canada might
say : ' the comparatively recent endowment of the University of
* Toronto, has been the means of procuring for that institution
' an annual revenue that now exceeds twenty thousand pounds ;*
we should have an institution similarly endowed, if equity and
justice are to prevail.
The Protestants of Lower Canada have certainly no reason to
complain of the division of public grants for educational purposes,
because, they have always had the lion's share, and but a few days
ago Mr. Chauveau, in Le Journal de V Instruction Puhlique,
proved by figures, the correctness of which cannot be questioned,
that they receive for their superior educational institutions mucli
more in proportion to the number of their pupils, than their fellow-
citizens of the Roman Catholic religion. As t proof of the liberal-
ity of the latter, they have never even complained of this unjust
division.
T'
QUEBEC CO\Ff:UENC£.
125
ry of Que-
Ired pupils,
footing the
rs ago on
I possession
>t hold from
i multiplied
istence ; for
mada might
Diversity of
institution
id pounds ;*
equity and
ao reason to
al purposes,
1 a few days
% Puhlique,
questioned,
Ltions much
heir fellow-
the liberal-
this unjust
|iigl)t of Iparbon mib ^Itpricbc.
CHAPTER XXXII.
44. ' Thepowerof respitiner, reprieving, and pardoning prisoners convicted
of crimes, and of commuting and remitting of sentences in whole or
in part, which belorgs 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 provisions that may be maJe in this
behalf by the General Parliament,'
THIS provision changes the condition of the existing law with
regard to the prerogative of granting pardons, commuting
punishments and delaying executions.
This prerogative of mercy, after the judicial tribunals have pro-
nounced sentence, belongs naturally to the Sovereign, and is spe-
cially delegated to her representatives in those distant parts of the
empire, where, without this extension of the arm, the sword of
mercy could not reach those about to be struck down by the sword
of justice.
Here it is different. The Conference, while recognizing the
source and principle of that power, have set aside the principle of
delegation, and have placed the Governors General precisely in the
position of the Sovereign Herself, who, then, if we may so speak,
loses that prerogative through the whole extent of Her North
American colonial empire.
The Executive Chief of the General Government, called the Go-
vernor General or Viceroy, surrounded by his Council, will be, in-
stead of the Sovereign, invested with the power of regulating the
prerogative of pardon, but cannot delegate it to any one else, be-
cause he will not possess it any more than the Sovereign he will
represent, and who will have renounced it in granting this new
constitution.
And further, the Federal Parliament will have the power of
making the laws which will affect the exercise of that prerogative.
That power did not exist either in the Constitutional Act of 1791
or in that of 1841 ; and in Canada, as in every other colony of
126
THE NEW CONSTITUTION.
Great Britain, the representatives of the Sovereign have never, up
to this time, exercised the prerogative of pardon, except by a spe-
cial delegation, which is cited with its existing conditions in the
invariable instiuctions which are addressed to them by the colo-
nial minister, in the name of Her Majesty.
It is true that the Sovereign may give Her instructions to Her
representative in the Federal Government, and that the Ministry
would have to conform to them, or resign their offices. But there
is littlo chance of conflicts arising out of that question ; for if the
Government of the empire, after mature reflection, should cede
the prerogative of pardon to Lieutenant Governors, who at the
0&me time would cease to hold their positions in virtue of that
prerogative, the power of regulating it being •■iven to the General
<jrovcrnmcnt of the Confederation, that would bo the most con-
clusive proof that there is no desire to interfere or to seek any
protection for the pvinciplo of the Imperial prerogative, except in
the veto, which is left to the Sovereign in respect of the whole of
the legislation of the General Government.
The Imperial Government, by the mouth of the Colonial Secre-
tary, speaks thus as to 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 pro-
< pri'^ty b*^' devolved upon the Lieutenant Governors, who will, un-
' der tli'i present scheme, bo appointed, not directly by the Crown,
tbut by the Central Government of the United Provinces.'
To us this question : — From whence shall the pardoning
power emanate ? appears one of minor importance ; and if the Im-
perial Government should decide that this prerogative must con-
tinue to bo exorcised by delegation in the person of the direct re-
presentative of the Sovereign, the integrity and efficacity of the
proposed system would not bo materially interlered with. But it is
as well to indicate how we have understood the idea which pre-
vailed in the minds of the delegates while framing this clause.
They evidently desired, in the first place, that unity and dispatch
should be secured in the exercise of the prerogative ( f pardon, and
next, tho establishing, in the order of things, for all time to come,
of a
ceas
A
coloi
but
the
gatio
shal
as w
QUEBEC CONFERENCE.
127
of a principle that could be found when a colonial system had
ceased to exist.
According to that principle, the Federal Government, whether
colonial or national, will not delegate the prerogative of pardon ;
but what may be considered almost equivalent, they will nominate
the Lieutenant Governors; and what is practically equal to dele-
gation, they will dictate to them the conditions upon which they
shall exercise the prerogative of pardon, absolute or limited,
as well as that of reprieve.
Conflict of f alu0.
CHAPTER XXXIII.
45. ' In regard to all subjects over which jurisdictioa belongs to both the
General and Local Legislatures, the laws of tlie General Parliament
shall control and supersede those made by the Local Legislature, and
the latter shall be void so far as they are repugnant to, oriaconsistent
with the former.'
THE above principle is logical in its application, if we are to have
concurrent legislation.
"We have already indicated how it will operate in certain cases.
The Imperial Government seems to have foresccu in the following
words of the Colonial Minister, the inconveniences which might
result from a concurrence of attributes and a possible conflict of
legislation. Mr. Cardwell writes:
' The point of principal importance to the practical well-working
' of the scheme, is the accurate determination of the limits between
* the authority of the central and that of the local Legislatures, in
' their relation to each other. It has not been possible to exclude
* from the resolutions some provisions which appear to be less con
' sistcnt than might, perhaps, have been desired with the simplicity
128
THE NEW CONSTITUTION.
V,t
^ and unity of the system. But, upon the whole, it appears to Her
' Majesty's Government that precautions have heen taken which
' are obviously intended to secure to the Central Government the
^ means of effective action throughout the several provinces, and
* to guard against those evils which must inevitably arise, if any
' doubt were permitted to exist as to the respective limits of
^ central and local authority. Thsy are glad to observe that,
' although large powers of legislation are intended to be vested iu
' local bodies, yet the principle of central control has been
^ steadily kept in view. The importance of this principle cannot
* be over-rated. Its maintenance is essential to the practical
' efficiency of the system and to its harmonious operation, both iu
* the General Government and the Governments of the severa
' provinces.'
In reading the above, it is very easy to see that the Imperial
Government would have preferred a Legislative Union to a Con-
federation, because it would have given more compactness, more
unity, more strength, to our political system, and more spon-
taneity and siraultaneousness in its action. But the statesmen of
the Mother Country have understood, as well as ourselves, the
difficulty of our position ; the absolute necessity of making im-
portant concessions, the one to the other, in our numerous distinct
interests ; of recognizing, with -a large measure of equity and
liberality, the existing social elements, with their divergences,
to give full play to local aspirations, and to make allowance for the
prejudices of race and religion'. To their honor bo it spoken, they
have recognized the whole extent of the gigantic task to be
Accomplished, and the full value of the success to be obtained.
But nevertheless it is clearly evident that concurrent legislation
is full of danger for the future ; that is plainly laid down even
in the clause that we are now discuesiug, since, to obviate it,
central legislation has invariably been made to predominate over
local legislation. Will it be impossible to avoid the points of
contact likely to be produced by concurrent legislation, or to
define them with such precisiou that these conflicts would bo im-
possible or nearly so ? Without harmony the system would be
46.
QUEBEC CONFERENCE.
129
pears to Her
aken which
ernmeut the
•ovinces, and
arise, if any
ve limits of
observe that,
be vested in
)1 has been
iciple cannot
the practical
,tion, both iu
the severa
the Imperial
on to a Con-
ictncss, more
more spon-
statesraen of
mrselves, the
making im-
erous distinct
equity and
divergences,
(vance for the
spoken, they
task to be
taincd.
at legislation
i down even
obviate it,
)minato over
the points of
ation, or to
vould bo im-
im would be
1
I
%
i
1
worth nothing, and would soon destroy itself; and the harmony
of the system cannot be found exclusively in the predominant
power of the Government and of the Federal Parliament. It i»
necessary that this harmony should also exist in the inferior
machinery and be felt throughout the whole system. While con-
templating with admiration the vast wheels which give motion
to those gigantic steamers sailing so proudly over the ocean,
rising with such boldness over formidable waves, who can
help thinking that the least derangement of some small piece, and
in appearance, the least important of the interior machinery, may
bring the whole to a stand still, and put the ship and crew in
peril? In fact, will not the elements upon which the local
institutions will be based, be reproduced in all their vivacity in
the Government and in the Federal Parliament, and this local
power which it has been their object to compress, will react dan-
gerously on the whole system?
At one time it may be Lower Canada that will be punishing its
Ministry and its members for having wounded Lower Canadian
feelings and striking at its interests ; at another time it may be Upper
Canada, or, .perhaps, the Atlantic Provinces that may make similar
complaints.
This should not be, and to avoid it, our eminent statesmen must
put their heads together to find abetter solution to the problem.
Jfrtuclj anb ^nglisjj fangitagts,
CHAPTER XXXIV.
46. ' Both the English and French languages may be employed in the
General Parliament and in its proceedings, and in th« Local Legisla-
ture of Lower Canada, and also in the Federal Courts and in the
Courts of Lower Canada.'
NOBODY is ignorant of the fact that the Constitutional Act of
1840 banished the French language from the Legislature, and
180
THE NEW CONSTITUTION.
. 1 -v-
[.;'''^:t
that it was not till 1845 that it was restored to us by a Special Act
of the Imperial Legislature at the request of a Government which,
repelled [by Lower Canada, hoped by this concession to acquire
public favor. From that time, the two languages, as they ought
to be, have been placed precisely upon the same footing, and the
French text of our laws has been equally legal with the English
text. The project of the Constitution carries out this just policy
in the Federal Parliament, where the French Canadians will not
be comparatively &o numerous, and in this respect we are infinitely
better treated than the men of our origin in the American Union,
where Federal and Local Legislation are exclusively English.
It is true that we had a right to this privilege, but between the
existence of a right and the fact of possessing it, there is often a
wide distance, and when the first is cordially and spontaneously
conceded to you, without discussion, without obstacle and without
reticence, you feel that you have to do with sincere friends and
honorable allies.
CHAPTER XXXV.
48. ' A 1 Bills for appropriating any part of tbe Public RoTenue, or for im-
p' I ing any new tax or impost, shall originate in the House of 0 ommona
or Fouso of Assembly, as the case may be.
49. ' The ilouse of Commons or House of Assembly shall not originate or
pass any Vote, Resolution, Address or Bill for the appropriation of
any part of the Public Revenue, or of any tax or impost to any purpose
not first recommended by Message of the Governor General or the
Licntenant Governor, as the case may be, during the Session in which
Buch Vote, Resolution, Address or Bill is passed.
60. 'Any Bill of the General Parliament may be reserved in the usual
manner for Her Majesty's Assent, and any Bill of the Local Legisla-
tures may, in like manner, be reserved lor the consideration of the
Governor General.
tions,
QUEBEC CONFERENCE.
131
Special Act
ment which,
in to acquire
i they ought
ing, and the
the English
just policy
ians will not
are infinitely
rioan Union,
ily English,
between the
re is often a
pontaneously
and without
friends and
51.
of |l^et0.
aue, or for im-
3 of 0 ommons
)t originate or
jropriatioa of
0 any purpose
General or the
ision in which
in the usual
jocal Le^isla-
iration of the
!
I
' Any Bill passed by the General Parliament shall be subject to disal-
lowance by Her Majesty within two years, as in tlie case of Bills passed
by the Legislatures of the said Provinces hitherto ; and, in like man-
ner, any Bill passed by a Local Legislature shall be subject to disal-
lowance by the Governor General within one year after tho passing
thereof.'
WE said in a recent article that the provinces should choose for
themselves their mode of local, administrative and legislative
existence, and that as to their liberty of action in that respect, there
existed only certain conditions, which would be made known at a
later period.
The first of these conditions is, that any project of law relating
to taxation and the appropriation of the public revenue, should
originate in the Legislative Assembly, whether there be one or
two Houses. Doubtless, nobody will complain of such a condition,
which is the very essence of the British Constitution, and which
is based upon the fundamental principle, that the people cannot
be taxed nor their money be expended without their free consent;
and further to establish its prerogative in this respect, it has itself,
by its representatives, the initiation of money measures and of
taxat'on.
The same principle will necessarily prevail in the Federal Par-
liament, where the Commons will have exclusively the initiation
cf money measures and taxes of whatever kind they may be.
The second condition is, that whether in the Federal Commons
or in the Local Legislative Assemblies they shall not vote Resolu-
tions, Addresses, or pass Bills without these being preceded by a
Message from the head of the Federal Executive or from tho
Lieutenant Governors, &c. &c.
This is another essentially British principle, and which has its
right of existence in ministerial responsibility and in common
sense. In fact, tho ministers are, by virtue |of the law, the
guardians of tho public means. They are tho aole administrators
of it, and their title ^liuistcr signifies nothing else. They only
can say whether the state can or should tax itself, or incur
the expenditure which is demanded from it. This is a principle
of protection for the people themselves, and that they should take
leS2
THE NEW CONSTITUTION.
x
*•■
i •.. ■-*
care not to abandon for another, which would leave them depend-
ent on the caprice of individuals ignorant of the real atate of their
affairs.
The Conference have forgotten to speak of the right of veto.
Perhaps it is necessarily implied in the project; still it is better
that it should be explicitly mentioned, for it is by that point
alone, that the Chief of the Executive, whether it be Federal or
Provincial, can cause his legislative existence to be felt.
In order that his sanction may be worth anything, it is neces-
sary that he should have the [right of accepting or refusing at
pleasure.
The veto h not, so to say, much practised in our days by the
Sovereign, because it is an extreme measure, the exercise of
Tyhich demands great prudeuce and exceptional reasons. But it
is precisely to provide for exceptional circumstances, that it exists
under a responsible ministry, and has beei: found necessary ever
since its origin., and has been maintained in the British Consti-
tution.
With respect to general legislation, that of which the Govern-
ment has the initiation, it would amount to little in practice,
because this legislation, proceeding from the men who would sur-
round the C sfofthc State, whom they would constitutionally
advise, it would only proceed from the latter, or would be so under-
taken with ministerial sanction.
The times exist no longer when the monarch can intrigue with
his legislators against the measures of his ministers, and the
•constitutional anomaly that existed in the reign of George III. is
now no longer possible.
Legislative motion resembles a circular movement round the
circumference of the constitutional circle to arrive precisely at its
point of departure ; if it does not arrive there, it is because the
people do not wish it, or that it has not sufficient maturity to come
-victorious out of all the trials that it has to submit to on its road.
Clauses 50 and 51 of the project maintain, in respect to Federal
Bills, the powers of reserve and veto to Her Majesty. And we
have nothing to say against this, for it ia a principle which ha
■i.;
hem depend-
itate of tlieii
■ight of veto.
[ it is better
ij that point
e Federal or
ilt.
;, it is neces-
• refusing at
r days by the
e exercise of
sons. But it
that it exists
lecessary over
ritish CoQsti-
the Govern-
e in practice,
10 would sur-
mstitutionally
d be so under-
intrigue with
ters, and the
eorge III. is
at round the
recisely at its
s because the
urity to come
,0 on its road,
cct to Federal
ty. And we
le which ha
QUEBEC CONFERENCE. 133
existed at all periods of our constitutional history, and in that of
all English Colonies. It is one of the points of contact by which
the Chief of a British State makes as feel the exercise of his
Imperial sovereignty. Thus nobody protests against it, but objec-
tions have been raised, that this right of reserve and veto should
be given to the Executive Chief of the Federal Government on
bills passed by the local legislatures.
We can easily understand the motive of the Convention in
transferring this power from the hands of Her Majesty to those of
Her direct representative.
That motive is still unity ; it is still the necessity of centraliza-
tion, without which it seems to be impossible to found a durable
empire by the side of the great neighboring republic. But on
the other hand, if by this provision, instead of assisting national
unity, we ran a risk of putting it in danger, would it not be
better to leave these matters as they are ?
We know that some direct reasons, apart from those that we have
given, have determined the decision of the Convention. It was
asked then : What is the practice followed in London, in determin-
ing the exercise of the veto on colonial laws ? It is done by a simple
official in the bureau, who examines the bill and decides its fate ;
it is on his advice that the Sovereign accepts or rejects it.
But when a bill shall have been reserved for the sanction or dis-
approval of the Governor General, — as the exercise of that sanction
or disapproval could only be made on the advice of the Ministry, —
the latter would run no risk, except in extreme cases, of coun-
selling the exercise of the veto, bee. use it is evident that public
opinion would ha' e been already consulted in the passing of the
law by ttie Local Legislature, and would find itself again repre-
sented in the Federal Parliament by a phalanx capable, if it
desired to do so, of rendering all government impossible.
This is true, but precisely because it is true, it is dangerous,
and calculated to produce stoppages in the whole mechanism.
Up to ♦his time, there have been no complaints of this preroga-
tive of disapproval being in the hands of the Sovereign, or of
the use which has been made of it, probably because it has ever
M
134,
THE NEW CONSTITUTION.
been exercised with equity and moderation ; perhaps, also, because
it would have been useless to undertake an impossibility, — but
from the moment that parties would understand that that power
is virtually and practically in the hands of our Federal states-
men, cases might arise, when it is desired to succeed with
some object, and local feelings might be excited against them,
to shake them in their position and bring them down. This
will be the inevitable result of the system. This may be the
consequence, but it is not the main cause of apprehension in the
public mind.
We have no fear of conflicts, but we fear for the independence
of the legislative action of the provinces in the measure of the
attributes which specifically devolve upon them by the terms of
the project. It is then urgent that our Ministers should perfectly
elucidate this grave question, and we expect that great work a
their hands.
lines, glinerals, '&L, hsteb k $ocal
§oijtniintnts.
w ■
CHAPTER XXXVJ.
57. ' All lands, mines, minerals and royalties rested in Her Majesty in the
Provinces of Upper Canada, Lower Canada, Nova Scotia, New Bruns-
wick and Prince Edward Island for tht use of snch Provinces, shall
belong to the Local Government of the territory in which the same are
so situate ; subject to any trusts that may e r'st in respect to any of such
lands or to any interest of other persona f
* All sums duo from purchasers «r Icsa. .
minerals at the time of the Union, shall
Governments.'
' All assets connected with such portions of the public debt of any
Province as are assumed by the Local Goverumeuts, shall also belong
to those Governments respectively.'
0 understand the full meaning of these clauses, it is important to
have before our eyes the obligations that they impose, with the
advantnges to be derived from them.
BY.
5S.
T
ppect of the same.'
.if such lands, mines or
also belong to the Local
QUEBEC CONFERENCE.
135
0, because
lity, — but
ihat power
■al states-
;eed with
mst them,
m. This
lay be the
ion in the
lependence
ure of the
,e terms of
d perfectly
sat work a
ocal
ilajesty in the
New Bruna-
orinces, shall
1 the game are
to any of such
s same.'
nds, mines or
to the Local
5 debt of any
ill also belong
important to
)0se, with the
The separation of the provincial administration and of the federal
administration would naturally create two distinct kinds of revenue,
and also two distinct kinds of expenditure. What we have to estab-
lish for the moment is, in the first place, the amount of revenue, and
the cost of the administration of Lower Canada, as offered to us by
the scheme of Confederation, and to ascertain if it should folio wr that
there would be practicable economy without interfering with the
developement of our resources, of our local reforms,of our institutions
and, generally, of our prosperity, that we are amply protected for the
future, and that there is nothing which may cause recourse to be
had to anything so extreme as direct taxation. Let us begin by con-
sidering the cost of the expenditure.
According to calculations based on information obtained, in nearly
every case, from official sources, while those relative to the legisla-
ture and the government have been based on probabilities, experi-
ence, and on the knowledge of matters and things in general ; we
arrive at the following results : —
EXPENDITURE.
Governmental Administration and Legislation... $ 150,000
Administration of Justice 100,000
Penitentiaries '. 70,000
Schools 160,000
Lunatic Asylums 90,000
Literary Institutions 5,900
Hospitals and other Charitable Institutions 27,390
Arts 3,500
Agriculture 4,000
Repairs of Public Buildings, &c 15,000
Colonization Roads 50,000
Other Roads 15,000
Culler's Office 35,000
Public Works 30,000
Contingency Office 30,000
Other Contingencies 32,000
Slides 15,000
Surveying 30,000
136 THE NEW CONSTITUTION.
Crown Lands Department 57,000
Other Expenses, not enumerated 180,000
Total 81,099,790
REVENUE.
Timber, &c S 105,000
Lands 146,000
Other Local Revenues 300,000
Our part of the Federal Reveuue for local matters
(80 cents per head) 888,531
Total $1,439,531
Expenditure 1,099,790
Surplus of Revenue over Expenditure $ 339,741
But the amount of the public debts which the provinces will be
required to remit to the Confederation being ascertained, and the
amount being far from covering all the public debt of Canada, it
remains to be established what portion of the whole amount of such
indebtedness should fall to the share of Lower Canada, and also
the means by which the annual interest may be paid.
Here, so far as debit and credit goes, we have only probabilities,
for, notwithstanding all our eflforts, we have been unable to obtain
the figures with rigorous exactness ; these can only be obtained after
the debate on the constitutions of the provinces, and the repartition,
between the two Canadas, of their debts and local revenues.
However, we find in Mr. Gait's remarkable speech the amount
of the local debt and revenue, taken collectively, in tho two Can-
adas ; and from those figures we can deduce, approximatively, our
share of that debt and revenue. The Finance Minister has ascer-
tained, by oflScial data, that ^67,203,994 is the net amount of the
debt of Canada, and that §62,500,000 is the portion of that debt
which is to be transferred to the Confederation, and the local debt
of both Canadas is, consequently, ascertained to be $4,703,994.
The local expenditure of the two Canadas, taken together, is
••l- ;
QUEBEC CONFERENCE.
137
57,000
.80,000
)99,790
105,000
146,000
300,000
388,531
439,531
099,790
339,741
inces will be
led, and the
Canada, it
lunt of such
a; and also
robabilities,
le to obtain
itained after
repartition,
tiues.
the amount
10 two Can-
latively, our
!r has ascer-
ount of the
)f that debt
le local debt
7«)3,994.
together, is
§2,021,979, and would be §2,260,140, comprising the interest on
§4,763,994; for the local revenue, §1,207,043, by which figures we
may establish the portion of Federal revenue allowed to the two
Canadas, $2,005,403— in all, §3,302,446.
AVe have thus a eurplus of revenue, over expenditure, of
§1,042,297.
We are not over-estimating, in taking for Lower Canada the half
of that debt of §4,763,994, that is to say, §2,381,997.
By such a division we should have to pay an annual interest on
this debt, which would amount to §119,035. This would bring
our total expenditure to §1,218,825.
We would thus have a surplus of §221,096. But we have above
estimated the revenue of Lower Canada at §551,000, not taking
into account the $888,531, our portion of the general revenue.
As we assume half the debt, we cannot be accused of exaggera-
tion if we also take into account half the local revenue, §648,521.
The difference between the two amounts being $97,521; if we
add this to that of §1,439,531, we have for the local revenue of
Lower Canada, §1,537,052 ; and for the expenditure, §1,099,790,
the amount stated above ; and §119,035, our part of the interest
of the debt; in all, §1,218,825.
The revenue thus exceeds the expenditure by §318,227.
This a satisfactory result, and is enough to assure us against fears
for the future.
But if it be objected that we have exaggerated the revenue, we
simply reply, that we have also very much over-estimated the
amount of the debt, and, consequently, the expenditure.
Let us not forget that if we assume certain special debts, we re-
ceive, at the same time, in compensation, by the 58th Clause of the
scheme, anything that may be produced by the works for which such
debts were contracted. Among these is the Municipal Loan Fund
of Lower Canada. We will thus have the amount produced by this
fund.
According to these calculations. Upper Canada has for a local
revenue, the half of theactual local revenue, that is to say,
§648,521, and 81,116,872, her part of the general revenue ; in all,
§1,765,393.
m2
138 THE NEW CONSTITUTION.
"We are not in possession of the data to establish in detail the
amount of the expenditure in that section, but Mr. Gait has
proved that the collective local expenditure for the two Canadas,
is equal to 82.260,149. The portion of Upper Canada cannot,
therefore, be in any case, less than the half of the said sum, of
11,130,074. This will leave her an excess, for public works and
other objects, of $635,319.
But, as the Upper Canadians have other ideas than we have on
many subjects, it is impossible to speak correctly of the amount of
their local expenses. One thing is certain, that the colonization
roads, for example, their hospitals and their other charitable insti-
tutions, and at the same time their penitentiaries and lunatic
■asylums will be self-sustaining by means of local taxes or voluntary
subscriptions.
It is sufficient to know, that the calculation of the Conven-
tion amply covers the local matters of all the provinces, if they
*re guided, as doubtless they will be, by a spirit of wise economy.
In case the provinces should desire to expend more than their
local revenues, they would have to resort to direct taxation, and as
direct taxes are unpopular everywhere, but particularly in Lower
Canada, we may, as it was well observed by Mr. Gait, leave in this
respect the 'surveillance' of the public expenditure to the watchful
and jealous eye of the people.
The Finance Minister has also fixed the local revenues and the
federal grants for the local objects of the different provinces which
intend to enter into Confederation : —
LOCAL REVENUES.
Canada ^1,297,043
Nova Scotia 107,000
New Brunswick 89,000
Island of Prince Edward 32,000
Newfoundland 5,000
Total $1,530,043
Ik,-
:H
QUEBEC CONFERENCE.
139
detail the
Gait has
I Canadas,
la eannot,
d sum, of
works and
e have on
amount of
)loaization
table insti-
id lunatic
voluntary
} Conven-
5s, if they
5 economy,
than their
ion, and as
f in Lower
ave in this
e watchful
les and the
Dces which
17,043
17,000
59,000
12,000
5,000
J0,043
FEDERAL GRANTS FOR LOCAL OBJECTS.
Canada 82,006,121
Nova Scotia 264,000
New Brunswick 246,000
Island of Prince Edward 153,728
Newfoundland 367,000
Total $3,056,849
AMOUNT OF LOCAL EXPENDITURE.
Canada $2,260,149
Nova Scotia 667,000
New Brunswick 424,047
Island of Prince Edward 124,016
Newfoundland 479,000
Total $3,954,212
By adding together the local revenue! and the federal grants
for local purposes, we will have $4,586,892 ; from whieh we must
deduct for expenses $3,954,212 ; this leaves a surplus for local
purposes of $632,680.
In dividing the two Canadas for the purposes of expenditure
and local revenue, we have the following result : —
REVENUE.
Upper Canada $1,765,393
Lower Cana-la 1,537,052
Nova Scotia 371,000
New Brunswick 353,000
Island of Prince Edward 185,728
Newfoundland 374,000
Total $4,586,173
This last result differs by 8719 from that of Mr. Gait, who
estimates at '2,006,121 the amount of the federal grants to both
Canadas, taken together, for local purposes ; and that taking the
numbers of the ^^opulation for a basis, we fix it at $2,005,403.
This difference is oi little consequence in the general results :
140
THE NEW CONSTITUTION.
EXPENDITURE.
Upper Canada, approximativcly $1,130,074
Lower Canada 1,218,825
Nova Scotia 667,000
New Brunswick 424,047
Island of Prince Edward 124,816
Newfoundland 479,212
Total $4,043,974
At the coramencemeut of this article we established the amount
of the expenditure of Lower Canada, not merely the actual local
expense for local objects, such as that furnished by Mr. Gait, but
on our future matters, which would make a difference of something
approaching to $S8,750.
Not having the data for Upper Canada, as we have already
stated, we had to take for our guidance the half of the amount of
the actual collective expenditure of the two Canadas for the same
local objects.
These amounts prove indisputably that the provinces may take
action as suits their convenience in their local revenues, and that
in this respect there is nothing to cause uneasiness.
64.
CO.
CHAPTER XXXVIL
>60. ' The General Government shall aaaunie all the Debts and Liabilities
of each Province.'
Gl. ' The Debt of Canada, not specially assumed by Upper and Low«r
Canada respectively, shall not exceed, in the time of Union, $02,500,-
000 ; Nova Scotia shall enter the Union with a debt not exceeding
$8,000,000 ; and New Brunswick with a debt not exceeding $7,000,000.'
i32. • In case Nova Scotia or New Bi'unswiclc do net incur liabilities beyond
those for which their Governments ure now bound, and which shall
QUEBEC CONFERENCE.
Ul
50,074
L8,825
17,000
J4,047
54,816
r9,212
t3,974
he amount
ictual local
•. Gait, but
something
VQ already
amount of
r the same
s may take
!, and that
Liabilities
md Lower
, $(52,500,-
e.tceeding
57,000,000.'
iios beyond
rhich gliall
make their debts at the date of Union less than $8,000,000, and
$7,000,000 respectively, they shall be entitled ^to interest at five per
cent, on the amount not so incurred, in like manner as is hereinafter
proTided for Newfoundland and Prince Edward Island ; the foregoing
resolution being in no respect intended to limit the powers given to
the respective Governments of those Provinces, by Legislative
authority, but only to limit the maximum amount of charge to he
assumed by the General Government ; provided always, that the
powtrs so conferred by the respective Legislatures shall be exercised
within five years from this date, or the same shall then lapse.'
63. ' Newfoundland and Prince Edward Island, not having incurred Debts
equal to those of the other Provinces, shall be entitled to receive, by
half-yearly payments, in advance, from the General Government, the
Interest at five per cent, on the difference between the actual amount
of their respective Debts at the time of the Union, and the average
amount of indebtedness per head of the Population of Canada, Nova
Scotia and New Brunswick.'
64. 'In consideration of the transfer to the General Parliament of th&
powers of Taxation, an annual grant in aid of each Province shall be
made, equal to eighty cents per head of the population, as established
by the Census of 1861 ; the population of Newfoundland being
esimated at 130,000. Such aid sHall be in full settlement of all future
demands upon the General Government for local purposes, and shall
be paid half-yearly in advance to each Province.'
C5. * The position of New Brunswick being such as to entail large immedi-
ate 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 $03,000 per annum shall be made to that Province. But
80 'Ong as the liability of that Province remains under $7,000,000, a
dedu>.tion equal to the interest on such deficieacy shall be made from
the $63,000.'
OC, ' In consideration of the surrender to the General Government by
Newfoundland of all its rights in Mines and Minerals, and of all the
ungranted and unoccupied Lands of the Crown, it is agreed that the
sum of $150,000 shall each year be paid to that Province, by semi-
annual payments; provided 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 Par-
liament may pass in respect^of the same.'
/CLAUSE 61 rests on a principle of perfect equity. To bo con-
^ vinced of this, it is sufficient to know the motives which led to it.
Let us commence with figures. The debts of the different pro-
vinces were as follows, on 1st January, 180 i:
Canada $67,203,904
NovaScotia 4,858,547
New Brunswick 5,702,991
Newfoundland 946,000
Island of Prince Edward 240,673
Total $79,012,205.
142 THE NEW CONSTITUTION.
AND THE POPULATION :
Upper Canada, 1,396,091
Lower Canada 1,110,664
Nova Scotia 330,857
New Brunswick 252,047
Newfoundland 130,000
Island of Prince Edwrrd 80,757
Total 8,300,416
These provinces were therefore indebted in the following propor-
tions per head of their population :
Canadn ''21; 38
Nova Scotia ,. 14 88
New Brunswick 23 02
Newfoundland 7 27
Island of Prince Edward 2 97
Which gives, on an average, for the Confederation. 23 94
Thus, by adding together the united iebts of all the provinces,
a flagrant injustice would have been committed as regards the
provinces least indebted; Canada, by this arrangement, would
have gained $2.89 per head ; Nova Scotia would have lost $9.56 j
New Brunswick, 92 cents; Newfoundland, $16.67; and the
Island of Prince Edward, $20.97.
In order to induce all the Maritime Provinces to hand over all
their revenue to the General Government, and to accept a propor-
tion at so much per head, a sum much greater than they could bo
called upon to pay at the time when the subject of union was
broached, it became absolutely necessary to establish a system of
compensation.
Mr. Gait has undertaken to shvW the principle upon which this
system is based, and the pivot upon which the whole mechanism
will revolve. He gives his opinions and explains these matters in
the following words much bettor than we could :
' Now, in the scheme of Confederation, it was proposed that
' there should be a certain fixed rate at which each province should
QUEBEC CONFERENCE.
143
)6,091
10,664
J0,857
)2,047
J0,000
10,757
10,416
ing propor
2(; 38
14 38
^3 02
7 27
2 97
23 94
provinces,
regards the
ent, would
3st$9.56;
and the
id over all
k a propor-
y could be
union was
system of
arhich this
lechanism
matters in
)0sed that
aco should
' have the right of charging its debt against the Confederation, and
* for that purpose the debt of Canada was placed at $62,500,000,
* which was something like five millions less than the nominal
* amount of the debt. The mode in which that reduction was made
( was this : There were certain liabilities of Canada contracted for
* local purposes, and certain assets connected with those liabilities.
' He referred more particularly to the Municipal Loan Fund, and
* some similar matters which were more local than general. It had
' not been thought desirable that a transference of those securities
* should be made to the Greneral Government. It was better that
' each province should assume that portion of its debt which was
' particularly local, and take with it those securities which it held
' for its redemption. And in that way there was established for the
* debt of Canada an amount equal per head to the amounts con-
* tributed or about to be contributed by the two provinces of Nova
' Scotia and New Brunswick. If any of these provinces had been
' in debt to an amount largely exceeding that of the others per
' head, the matter would have been in a different position. But it
' was found on examination that, while the debt of Canada might
' be reduced by the mode he had stated to $62,500,000, — as nearly
< as possible $25 per head, — Nova Scotia, in addition to her debt,
' had incurred certain liabilities for the completion of the railway
* system within that province, for which she had undertaken
' engagements amounting to three millions or $25 per head also —
while New Brunswick, for the construction of her railways, had
' engagements incurred and liabilities maturing, which amounted to
' $1,300,000, bringing up her debts to seven millions, a fraction per
' head slightly above that of Nova Scotia and Canada. Thus, by
* assuming the local liabilities and assets, we were enabled to put the
' debt of Canada at the same rate per head as those of Nova Scotia
* and New Brunswick, and therefore, as regarded the three larger
* provinces, the assumption of their debts by the General Govcrn-
' mcnt did not offer any difficulty whatever. In the case of New-
( foundland and Prince Edward Island it was diflfcront. Those
* provinces, from their insular position, had not been required to
' incur the same large obligations for public works. They possessed,
144^
THE NEW CONSTITUTION.
|i '
fortunately for themselves, easy access to all their settlements by
water, or by very short distances of land carriage, and consequently
bad not been called on to construct canals, or to introduce a railway
system. Accordingly, the debts of Newfoundland and Prince
Edward Island were found to be much less, in proportion to their
population than those of the others. To place them on a par
with Canada, Nova Scotia and New Brunswick, it therefore became
necessary to give them an indemnity for the amount of debt which
they had not incurred ; because, in assuming their revenues, we
called upon them to contribute to the payment of the interest on
the debt which we had not incurred, and we could not fairly
expect them to do so, unless they were in some measure indemnified
for it. And it was found that, in taking this course, we were
enabled to get over one great difficulty which had met us, which
was, that those particular provinces possessed no local revenues,
and that in charging them with the administration of their Local
Governments and taking from them the revenue from customs and
excise, we should leave the Grovernments of Newfoundland and
Prince Edward Island without any means whatever of discharging
their liabilitifes. With regard to Newfoundland, he might remark
that the people in that colony being, in regard to agriculture,
altogether consumers, and not producers; because they were a fish-
ing and maritime population, the amount of dutiable goods they con-
fiumed was about double per head what it was here. They would,
therefore, in the shape of customs duties, be contributing to the
Confederation a larger proportion than properly belonged to them,
and accordingly it was arranged that for the amount of debt which
they had not incurred, up to ^25 per head, they should be allowed
interest, for the purpose of meeting their local payments, and
providing for their local wants.'
These lucid and convincing remarks of the Finance Minister
explain the paragraph! 61, 62 and 63 of the ichcmo. They show
us why the debt of Canada is established at 862,500,000, the debt
of Nova Scotia at $8,000,0C0, and that of New Brunswick at
$7,000,000 ; why it will be necessary that the Confederation should
pay to the two latter proviaoes an interest of 5 per oeat. on the differ-
lements by
msequently
Q a railway
md Prince
ion to their
on a par
ore became
iebt which
venues, we
interest on
not fairly
Qdemnified
*, we were
us, which
revenues,
heir Local
istomsand
dland and
ischarging
jht remark
^riculturo,
vere a fish-
j they con.
ey would,
ng to the
1 to them,
ebt which
)e allowed
ents, and
Minister
hoy show
I the deb(
iswick at
on should
he differ-
QUEBEC CONFERENCE. 145
€noe between their real indebtedness of $8,000,000 and 87,000,000,
respectively. They will moreover shew, why we shall have to
pay to Newfoundland and the Island of Prince Edward an interest
of 5 per cent, on the respective amounts necessary to bring their
debts to 825 per head of their populations.
It is evident, after these explanations given by Mr. Gait, that the
debts ot Nova Scotia and New Brunswick will reach respectively the
sums of $8,000,000 and 67,000,000 when the Confederation shall
have been accomplished, and thus the latter will have nothing to
pay for this purpose.
The population of Newfoundland being 130,000, 825 per head
would establish its debt at $3,250,000, and it would thus be placed
on a level with the population of Canada, Nova Scotia, and New
Brunswick, with regard to their respective figures of population.
But as that province owes 8946,000, we must deduct this amount
from the $3,250,000 ; this would give a result of 82,304,000, on
which the Federal Government will have to pay to Newfoundland
an annual interest of 5 per centum, or 8115,200.
In the same manner as the population of Prince Edward
Island is 80,748, by multiplying this number by 25, the amount
of the debt per head of the three larger provinces, we find the
result to be 2,018,675, and 1,778,002, after deducting from the for-
mer number 240,673, the figure of the actual debt of that province.
The Confederation will thus have to pay annually interest at five
per cent, on the latter amount, or 888,900.
Paragraph 64 is much easier understood, because it provides
that each province, taking as a fundamental basis for all future
time the Census of 1861, shall receive from the date of the adoption
of the scheme 80 cents per head of its population.
The amounts to which these provinces will be entitled, in virtue
of this clause, will be distributed as follows :
Upper Canada 81,116,872
Lower Canada... 888,531
Nova Scotia 264,685
New Brunswick 201,637
Newfoundland 104,000
Prince Edward Island 64,505
N
146
THE NEW CONSTITUTION.
But aa Newfoundland gives up to the Confederation all rights
of property in its soil, which is neither sold to, nor ocupied by
settlers, a sum of §150,000 will be paid over annually by the General
Government, and that province will therefore receive $369,200 as
a consideration for this transfer, divided as follows : $104,000 as
interest on the difference between its actual debt and the figure,
which would bring it to §25 per head of its population ; 0115,200
the annual grant at 80 cents per head of its population, and §150,000
as a consideration for the annual value of its territory ceded to
the Confederation.
Prince Edward Island will receive annually from Federal
sources §153,405, that is to say, §88,900 interest on the difference
between its actual debt and the figure, which would establish the
rate of §25 per head on its population, and §64,505 representing
the grant by the Federal Government of 80 cents per head.
It is thus evident that the two provinces most favored in the
scheme are New Brunswick and Newfoundland, because New
Brunswick (clause 65) will receive annually from the Federal
revenue §63,000 during ten years, in all $630,000 per annum, and
Newfoundland (clause 66) $150,000 annually, in perpetuity, as a
compensation for its domain ceded to the General Government.
Without this concession. New Brunswick, having undertaken
extensive public works, could not possibly give up its general reve-
nue, and form part of the Confederation. The reason fully explains
the motive of the concession.
Newfoundland, with a local revenue of §5,000, could not possi-
bly meet the requirements ot its Local Government and Legislature
without the federal grant of §150,000.
But what are those trifling sacrifices compared with the immense
advantages of a Union of all the Provinces of British North Amer-
ica, and the indispensable possession of the nearest point on this
continent to Europe, of the key of the Gulf of St. Lawrence, and
the foremost bulwark of the nation about to be created ?
Moreover, we must not lose sight of the fact that the provinces
with which we form an alliance will give up to the general revenue,
for local equivalents, more than they will receive ; and, secondly,
QUEBEC CONFERENCE.
147
all rights
j'^upied by
le General
J69,200 as
104,000 as
the figure,
$115,200
i $150,000
y ceded to
1 Federal
3 difference
itablish the
jpresenting
ead.
ored in the
cause New
he Federal
mnum, and
etuity, as a
nment.
undertaken
neral rcve-
lly explains
l not possi-
Legislature
le immense
orth Amer-
int on this
vrenoe, and
that their present revenues will more than suffice to meet their
local and general requirements, and that by such an arrangcracit
we shall not, by entering into the union, make a pecuniary sacrifice
in favor of the contracting parties. We produce the following
figures to prove this fact : —
Revenue,
1863.
Expenditure,
18CS.
Difference,
1863.
Nova Scotia - - - -
New Brunswick - - ■
Newfoundland (1862) -
Prince Edward Island
$1,185,629 $1,072,274 $113,355
899,991 884,613 15,378
480,000 479,420 1,420
197,386 171,718 25,666
Maritime Provinces - $2,763,004 $2,608,025 $155,819
These figures cover the expenditure, both for local and general
purposes, to be undertaken by the Confederation.
Lower Canada, in 1863, was certainly not in as favorable a posi-
tion, because at that date there was a large deficit ; but, in the
twelve months of 1864, there has been an increase of revenue of
$1,500,000. Nova Scotia and New Brunswick have each suc-
ceeded in obtaining an increase of $100,000, in all $1,700,000 —
from which we must deduct the deficit of 1863, namely $827,512,
leaving a surplus of of $872,488, as clearly shown by the following
statement submitted by Mr. Gait : —
1864.
Total Revenue of all the Colonies
Total Expenditure " «
$14,223,320
13,350,832
Estimated Surplus $ 872,488
We think we have sufficiently proved that Confederation, in a
pecuniary sense, entails no sacrifice upon any of the provinces, butj
on the contrary, in every respect, will prove of immense advantage
to all those entering upon the proposed union.
e provinces
ral revenue,
1, secondly,
148
THE NEW CONSTITUTION.
I''
CHAPTER XXXYIII.
THE question of the Tariff is one of the most difficult to deal
with ; it is, at any rate, one of those upon which the adver-
saries of Confederation have most commented, botli in Nova Sco-
tia and in New Brunswick.
"We give here an average of the Tariffs of the different pro-
vinces : —
Canada 20 percent.
Nova Scotia 10 "
New Brunswick 15J "
Newfoundland 11 "
Prince Edward Island 10 "
Mr. Gait thus explains it :
' That brough*^^ him to a very important point, as to whether
' Confederation would produce increased taxation, of which appre-
' hensions were entertained. In the first place, the existing tax-
' ation in all the provinces would have provided more than one
'million dollars over and above the public demand; but at the
' same time it was quite true that in a Confederation they would
* have to incur certain liabilities, such as for the Intercolonial
* Railway, and for the completio n of works now in progress in the
* Lower Provinces. It must be plain that as the revenue raised
* by the colonies under present tariffs was more than sufficient, if
' we were to raise the tariffs of all the provinces to that of Canada,
* we should have much more revenue than we required. In the
i case of the Lower Provinces, the average tariff was about 12 J per
' cent. J and where thoy'now collected duties to about two and a
' half million dollars, under a higher tariff like that of Canada, at
' least three million dollars would be raised.
'Therefore, to make adequate provision for all the wants of the
' country, they need not bring up their tariffs, but we n?ight re-
* duce ours ; and in the raising of duties it would be practicable to
QUEBEC CONFERENCE.
149
suit to deal
the adver-
Nova Sco-
ferent pro-
ent.
to whether
lich appre-
dsting tax-
! than one
but at the
they would
itercolonial
ress in the
cnue raised
iifficient, if
of Canada,
i. In the
)ut 12 J per
two and a
Canada, at
ints of the
I Height re-
acticable to
* find a medium of taxation between the averages of 10 and 20 per
' cent., which would be sufficient to meet the wants of the country/
The question is so much the more easy to regulate, although
difficult to determine in its probable results, from the circum-
stance, that there is a surplus of revenue over the whole extent cf
the Confederation, and consequently it will be possible to bring the
highest tariffs down to the level of the lowest. If the different
provincial tariffs were based upon precisely the same principle ; if
the taxed articles were everywhere of the same kind, and if there
was even some affinity — if not the same degree of impost between
articles of the same nature in all the provincial tariffs, — the task
would be comparatively easy. But it is not so. Some articles of
importation which are taxed in one province, are not taxed in
another ; other articles which are liable here to mixed duties, are
there submitted to a fixed duty or to an ad valorem du^y. There
are again duties which are liable to deductions between one pro-
vince and another, and which would cease altogether under Con-
federation. These would be of no importance except among the
Maritime Provinces themselves, since our connection with them up
to this date has amounted to very little.
This balance would probably be of little importance to the gen-
eral revenue, but must not, however, be omitted in adjusting the
tariff of the Confederation.
Wo are threatened with the loss of the Reciprocity Treaty.
How and up to what point, will this act of the American Congress
affect our tariff ? It is impossible to answer this question with
any degree of precision, because notwithstanding the abrogation of
the Reciprocity Treaty, there are certain products that for our
own interest we should continue to admit free, such as the agri-
cultural products of the West, and the raw material necessary for
our manufactures. Still it is not less true, that the abrogation of
that Treaty, which will oblige us to tax a great number of pro-
ducts, will have the effect of considerably augmenting our revenue,
and will enable us to lower the average of our tariff.
The following table, which gives us the value of articles taxable
150
THE NEW CONSTITUTION.
and non-taxable imported from the United States, clearly proves
whai; we have advanced : —
Taxable merchandize.
1861 88,346,636
1862 6,128,783
1863 3,974,396
Coin and precious
Metals.
$ 863,308
2,530,297
4,651,679
$18,449,812
$8,045,284
Other merchandize
not taxable.
eil,859,447
16,514,077
14,483,287
$42,856,811
Thu^ it appears that in three years there was an importation of
$69,351,907, of which only $18,449,812 worth of taxable articles,
«nd a value of $50,902,095 worth of merchandize was admitted
free. If we deduct from this ,ast amount $8,045,284 for the sil-
Ter imported, (coined and not coined,) not taxable under any cir-
ijumstances, there would still remain $42,856,811, or an annual
average of ^14,285,637 worth of merchandize which could be
taxed, but which now are admitted free.
But besides that, we should feel the necessity of admitting free
a certain portion of those articles represented by the figures $14,-
285,637, and it is certain that the imposition of duties upon these
ai tides would have the effect of diminishing the importation of
them to a certain extent, and consequently it is impossible that
we can calculate exactly, in advance, what the American imports
would produce under the action of a tariflF, or what reduction we
might consequently effect in the general tariff, so as to place it on
a level with the average of the tariffs of the Maritime Provinces,
without diminishing the equilibrium which has been already es-
tablished between the total receipts and expenditure of Confedera-
tion.
What we do know^ and enough for our present purpose to
know, is, that we shall have an increase of revenue by the abroga-
tion of the Reciprocity Treaty to a considerable degree, and con-
sequently a possibility of lowering our tariff to the level of the
average of the tariffs of the .Atlantic Provinces, and of making
ir!y proves
merchandize
ot taxable.
11,859,447
16,514,077
14,483,287
12,856,811
oruation of
tie articles,
3 admitted
for the sil-
3r any cir-
an annual
I could be
litting free
;ures $14,-
upon these
>rtation of
isible that
,n imports
luction we
}Iace it on
Provinces,
.Iready es-
Oonfedera-
urpose to
he abroga-
, and con-
vel of the
)f making
QUEBEC CONFERENCE.
151
good the slight deficiencies created by the abolition of the inter-
colonial tariffs under Confederation.
But after all, supposing they should execute considerable works
in the Lower Provinces, and that to pay for them, it became ne-
cessary to raise the average of their tariffs, they could have no
reason to coi plain ; for even with that augmentation, they
could not possibly have obtained such works without Confedera-
tion, and in giving them these works we should give them com-
mercial existenc* and prosperity, which would permit them to pro-
gress more easily under a tariff a little heavier than they formerly
did under a lighter tariff.
But let us suppose even that the Keciprocity Treaty be rr^m-
tained, whether in its present state or with modifications, the mar-
gin allowed in the budget under the general revenue, after paying
all local and federal expens3s, as Mr. Gait has established by in-
disputable figures ; is sufficient with or without these promises of
increase, to enable the General Parliament to lower considerably
the average of the collective tariff.
68.
'^t Intercolonial llailfoaj/
CHAPTER XXXIX.
' The General Government shall secure, without delay, the completion
of the Intercolonial Railway from Riviere du Loup, through New Brans-
wick, to Truro in Nova Scotia.'
IF in the examination which we have made of the project of the
Confer«nce, and the estimate we have formed of the motives
which determined the programme of the present Government in
the Session of 1864, we have arrived at the conviction that the
Union of all the Provinces of British North America has become
a necessity ; we need not undertake to prove the utility of the
152
THE NEW CONSTITUTION.
te^
Intercolonial Railway ; for on the very threshold of the Con-
ference, the construction, and the immediate construction, of that
great way of intercommunication was insisted upon as an indis-
pensable and inflexible condition of the union.
They were right ; for without that railroad, the union would
have existed only in words, and would have had no existence in
things. It would neither have existed in a political, commercial
nor military sense, and what would have been the use of an alliance
between people who possessed no interests in common ? This iron
way was then not only the strongest bond of the future union, but
it was the strongest one to keep together tht parts of the great
nation that we are trying to build up.
But there are other and more immediate considerations which
operate in favor of this great enterprise. Lord Durham said, in
1839 : ' The establishment of a good way of communication be-
* tween Halifax and Quebec would produce between the different
' Provinces relations, the effect of which would be to render a
' General Union absolutely necessary.' Several explorations have
established the practicability of a railroad over the whole route.
Lord Durham desired a railroad to render the union neces-
sary, and the Convention want it, in order to make the union pos-
sible, because events which have progressed so rapidly, and hav®
developed conditions so unforeseen at the period when that states-
man presided over the destiniea of British North America, have
developed the necessity of the union without the stimulant of a
railroad, to such a point that it is now the union itself which has
determined the necessity of that same road.
Before the period of the new alliuuce, that is to say, before all
parties in Canada had acquired the conviction that the political
union of the whole of the provinces hai become indispensable
from every point of view, there were to be found none truly de-
voted to the project of a railroad between Quebec and Halifax,
except the denizens of Quebec and of the Provinces of Nova Scotia
and New Brunswick.
This is easily understood, for then, wo were in close commt*0!«il
relations with the United States.
the Con-
3D, of that
) an indis-
oion would
astence in
;ommercial
an alliance
This iron
union, but
f the great
ions which
im said, in
lication be-
le diflFerent
) render a
it ions have
le route,
lion neces-
union pos-
, and hav^
hat states-
rica, have
ulant of a
which has
before all
e political
lispensable
3 truly de-
d Halifax,
ova Scotia
ommt.oju
QUEBEC CONFERENCE.
153
Their railroads were our railroads, their seaports were our sea-
ports ; the natural products of the two peoples crossed each other
in their movements to and fro, without clashing at the custom-
houses, and the commercial understanding and harmony that pre'
Tailed on both sides of the frontier was so perfect, that our foreign
merchandize came to us through their vast territory with as little
obstacle as their own exportations met with. But the sanguinary
battles that have taken place between the North and South, during
the last four years, have developed other ideas and other senti-
ments among our neighbours, and instead of opening the way
more widely to commercial relations between them and us, they
are narrowing the space each day and are even preparing to place
between us impassable barriers. In a little while the Reciprocity
Treaty will probably exist no longer, their railroads and their sea-
ports will be no longer our railroads and our seaports, and, per-
haps, * * * * But no, let us hope, at least, that pro-
vidence has reserved for us another and a better fate.
It is important, then — nay, indispensable to us, if we would sell
our products, and receive in exchange those which we require from
foreign countries, that we should be able to communicate directly
with the ocean by seaports of our own that would be open every
day in the year !
We have, indeed, the river St. Lawrence and our great lakes,
with our canals, completing the most magnificent system of in-
terior navigation which exists in the world ; but nature has sealed
them inexorably during five months of the year. And if, for
any cau&c ;vhatever, they close upon us those American outlets
vhich let out our products and by which our supplies arrive, where
78 the man, whether he dwells oa the shores of the Georgian Bay^
or the banks of the Ottawa or of the Richelieu, or in the forests of
the District of Quebec, who will not say that he is in want of a
railroad to Halifax, that that railway is everything to him, and that
he ought to contribute something towards it ?
It is true that it will more immediately benefit the District of
Quebec and the Maritime Provinces, but this is the inevitable con-
sequence of their geographical position.
154
THE NEW CONSTITUTION.
■
But if this is a reason why other parts of Canada should object
to it, no other public undertaking would be possib.ej wharves and
railway stations may attract greater advantages to their localities
than places situated at a distance from them, but that does not
hinder the latter from concurring in their construction, for without
them, how could their products reach a market? These are
elementary notions in political economy which have acquired
the character of axioms and that it would be absurd to establish by
figures. It would, for example, be no use to tell the lumber mer-
chapf' that it would not serve him to fell all the forests in Canada
if he could not have his magnificent products conveyed to the
ocean. This is why the Convention decreed so unanimously and
so spontaneously the construction of the railroad from Quebec
to Halifax.
Conclusion*
CHAPTER XL.
rpHIS article closes our examination of the project of the Quebec
-*- Conference. Happy we shall certainly be, if our labor, which
has cost ua many evenings, may be useful in auy way in the impor-
tant debate which is soon to open. In any case, the reader may
rest assured, that we have kept strictly to the engagement con-
tracted by ua at the commencement, to keep clear of partizan views,
and BO discuss the question of our future destinies without passion
and perfectly independent of all men of whatever shade of political
opinion.
lould object
irharyes and
nr localities
lat does not
for without
These are
6 acquired
establish by
umber mer-
9 in Canada
yed to the
uouslj and
)m Quebec
:he Quebec
ibor, which
the impor-
'eader may
^ment oon-
izan views,
)ut passion
of political
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