Parliament was dissolved, and the elections were held in January, 1848, when the government were defeated by a large majority and the second Lafontaine-Baldwin ministry was formed; a ministry conspicuous for the ability of its members, and the useful character of its legislation during the four years it remained in power. It is noteworthy here that Lord Elgin did not follow the example of his predecessors and select the ministers himself, but followed the strict constitutional usage of calling upon Mr. Lafontaine as a recognised leader of a party in parliament to form a government. It does not fall within the scope of this chapter to go into the merits of this great administration, whose coming into office may be considered the crowning of the principles adopted by Lord Elgin for the unreserved concession of responsible government, and never violated from that time forward by any governor of Canada.

We must now direct our attention to the maritime provinces, that we may complete this review of the progress of responsible government in British North America. In 1836 the revenues of New Brunswick had been placed at the disposal of the legislature, and administrative power entrusted to those who possessed the confidence of the assembly. The lieutenant-governor, Sir John Harvey, who had distinguished himself in the war of 1812-15, recognised in Lord John Russell's despatches "a new and improved constitution," and by an official memorandum informed the heads of departments that "thenceforward their offices would be held by the tenure of public confidence"; but after his departure (in 1841) an attempt was made by Sir William Colebrooke to imitate the example of Lord Metcalfe. He appointed to the provincial secretaryship a Mr. Reade, who had been only a few months in the province, and never represented a constituency or earned promotion in the public service. The members of the executive council were never consulted, and four of the most popular and influential councillors soon resigned. One of them, Mr. Lemuel A. Wilmot, the recognised leader of the Liberals, addressed a strong remonstrance to the lieutenant-governor, and vindicated those principles of colonial government "which require the administration to be conducted by heads of departments responsible to the legislature, and holding their offices contingently upon the approbation and confidence of the country, as expressed through the representatives of the people." The colonial secretary of state disapproved of the action of the lieutenant-governor, and constitutional government was strengthened in this province of the Loyalists. From that time there was a regularly organised administration and an opposition contending for office and popular favour.

In Nova Scotia a despatch from Lord Glenelg brought to a close in 1838 the agitation which had been going on for years for a separation of the executive from the legislative functions of the legislative council, and the formation of two distinct bodies in accordance with the existing English system. In this state paper—the first important step towards responsible government in the province—the secretary of state, Lord Glenelg, stated that it was her Majesty's pleasure that neither the chief justice nor any of his colleagues should sit in the council, that all the judges should entirely withdraw from all political discussions; that the assembly's claim to control and appropriate all the revenues arising in the province should be fully recognised by the government; that the two councils should be thereafter divided, and that the members of these bodies should be drawn from different parts of the province—Halifax previously having obtained all the appointments except one or two—and selected without reference to distinctions of religious opinions. Unfortunately for Nova Scotia there was at that time at the head of the executive a brave, obstinate old soldier, Sir Colin Campbell, who had petrified ideas on the subject of colonial administration, and showed no disposition to carry out the obvious desire of the imperial authorities to give a more popular form to the government of the province. One of his first official acts was to give to the Anglican Church a numerical superiority to which it had no valid claim. As in Upper Canada, at that time, there was a combination or compact, composed of descendants of English Tories or of the Loyalists of 1783, who belonged to the Anglican Church, and were opposed to popular government. Two men were now becoming most prominent in politics. One of these was Mr. James William Johnston, the son of a Georgia Loyalist, an able lawyer, gifted with a persuasive tongue which chimed most harmoniously with the views of Sir Colin. On the other side was Mr. Joseph Howe, the son of a Loyalist printer of Boston, who had no such aristocratic connections as Mr. Johnston, and soon became the dominant influence in the Reform party, which had within its ranks such able and eloquent men as S.G.W. Archibald, Herbert Huntington, Lawrence O'Connor Doyle, William and George R. Young, and, very soon, James Boyle Uniacke. Sir Colin Campbell completely ignored the despatches of Lord John Russell, which were recognised by Sir John Harvey as conferring "an improved constitution" upon the colonies. In February, 1840, Mr. Howe moved a series of resolutions, in which it was emphatically stated that "no satisfactory settlement of questions before the country could be obtained until the executive council was remodelled," and that, as then constituted, "it did not enjoy the confidence of the country." The motion was carried by a majority of eighteen votes, in a house of forty-two members, and indeed, so untenable was the position of the executive council that Mr. James Boyle Uniacke, a member of the government, retired, rather than vote, and subsequently placed his resignation in the hands of the lieutenant-governor, on the ground that it was his duty to yield to the opinions of the representative house, and facilitate the introduction of a better system of government, in accordance with the well-understood wishes of the people. From that time Mr. Uniacke became one of Mr. Howe's ablest allies in the struggle for self-government. Sir Colin, however, would not recede from the attitude he had assumed, but expressed the opinion, in his reply to the address of the legislature, that he could not recognise in the despatch of the colonial secretary of state "any instruction for a fundamental change in the colonial constitution." The assembly then prayed her Majesty, in a powerful and temperate address, to recall Sir Colin Campbell. Though Lord John Russell did not present the address to the Queen, the imperial government soon afterwards appointed Lord Falkland to succeed Sir Colin Campbell, whose honesty of purpose had won the respect of all parties.

Lord Falkland was a Whig, a lord of the bedchamber, and married to one of the Fitzclarences—a daughter of William IV and Mrs. Jordan. He arrived at Halifax in September, 1840, and his first political act was in the direction of conciliating the Liberals, who were in the majority in the assembly. He dismissed—to the disgust of the official party—four members of the executive who had no seats in either branch of the legislature, and induced Mr. Howe and Mr. James MacNab to enter the government, on the understanding that other Liberals would be brought in according as vacancies occurred, and that the members of the council should hold their seats only upon the tenure of public confidence. A dissolution took place, the coalition government was sustained, and the Liberals came into the assembly with a majority. Mr. Howe was elected speaker of the assembly, though an executive councillor—without salary; but he and others began to recognise the impropriety of one man occupying such positions, and in a later session a resolution was passed against the continuance of what was really an un-British and unconstitutional practice. It was also an illustration of the ignorance that prevailed as to the principles that should guide the words and acts of a cabinet, that members of the executive, who had seats in the legislative council, notably Mr. Stewart, stated openly, in contradiction of the assertions of Mr. Howe and his Liberal colleagues, that "no change had been made in the constitution of the country, and that responsible government in a colony was responsible nonsense, and meant independence." It was at last found necessary to give some sort of explanation of such extraordinary opinions, to avert a political crisis in the assembly. Then, to add to the political embarrassment, there was brought before the people the question of abandoning the practice of endowing denominational colleges, and of establishing in their place one large non-sectarian University. At this time the legislature voted annual grants to five sectarian educational institutions of a high class. The most important were King's College, belonging to the Anglican Church, and Acadia College, supported by the Baptists. The Anglican Church was still influential in the councils of the province, and the Baptists had now the support of Mr. Johnston, the able attorney-general, who had seceded from the Church of England. This able lawyer and politician had won the favour of the aristocratic governor, and persuaded him to dissolve the assembly, during the absence of Mr. Howe in the country, though it had continuously supported the government, and the people had given no signs of a want of confidence in the house as then constituted. The fact was, Mr. Johnston and his friends in the council thought it necessary to lose no time in arousing the feelings of the supporters of denominational colleges against Mr. Howe and other Liberals, who had commenced to hold meetings throughout the country in favour of a non-sectarian University. The two parties came back from the electors almost evenly divided, and Mr. Howe had an interview with Lord Falkland. He consented to remain in the cabinet until the assembly had an opportunity of expressing its opinion on the question at issue, when the governor himself precipitated a crisis by appointing to the executive and legislative councils Mr. M.B. Almon, a wealthy banker, and a brother-in-law of the attorney-general. Mr. Howe and Mr. MacNab at once resigned their seats in the government on the ground that Mr. Almon's appointment was a violation of the compact by which two Liberals had been induced to join the ministry, and was most unjust to the forty or fifty gentlemen who, in both branches, had sustained the administration for several years. Instead of authorising Mr. Johnston to fill the two vacancies and justify the course taken by the governor, the latter actually published a letter in a newspaper, in which he boldly stated that he was entirely opposed to the formation of a government composed of individuals of one political party, that he would steadily resist any invasion of the royal prerogatives with respect to appointments, and that he had chosen Mr. Almon, not simply on the ground that he had not been previously engaged in political life to any extent, but chiefly because he wished to show his own confidence in Mr. Johnston, Mr. Almon's brother-in-law. Lord Falkland had obviously thrown himself into the arms of the astute attorney-general and his political friends.

It was now a political war a outrance between Lord Falkland and Mr. Howe, from 1842 until the governor left the province in 1846. Lord Falkland made strenuous efforts to detach Mr. MacNab, Mr. Uniacke and other Liberals from Mr. Howe, and induce them to enter the government, but all to no purpose. He now gave up writing letters to the press, and attacked his opponents in official communications addressed to the colonial office, which supported him, as it did Lord Metcalfe, under analogous circumstances. These despatches were laid without delay on the tables of the houses, to be used far and wide against the recalcitrant Liberals. Mr. Howe had again renewed his connection with the press, which he had left on becoming speaker and councillor, and had become editor of the Nova Scotian, and the Morning Chronicle, of which Mr. Annand was the proprietor. In these influential organs of the Liberal party—papers still in existence—Mr. Howe attacked Lord Falkland, both in bitter prose and sarcastic verse. All this while the governor and his council contrived to control the assembly, sometimes by two or three votes, sometimes by a prorogation when it was necessary to dispose summarily of a troublesome question. Public opinion began to set in steadily against the government. The controversy between Lord Falkland and Mr. Howe reached its climax on the 21st February, 1846, when a despatch was brought down to the house, referring to the speaker, Mr. William Young, and his brother, George R. Young, as the associates of "reckless" and "insolvent" men—the reference being to Mr. Howe and his immediate political friends. When the despatch had been read, Mr. Howe became greatly excited, and declared amid much disorder that if "the infamous system" of libelling respectable colonists in despatches sent to the colonial office was continued, "without their having any means of redress ... some colonist would by-and-by, or he was much mistaken, hire a black fellow to horsewhip a lieutenant-governor."

It was time that this unhappy conflict should end. The imperial authorities wisely transferred Lord Falkland to Bombay, where he could do no harm, and appointed Sir John Harvey to the government of Nova Scotia. Like Lord Elgin in Canada, he was discreetly chosen by the Reform ministry, as the sequel showed. He was at first in favour of a coalition government like his predecessors, but he wisely dissolved the assembly when he found that the leading Liberals positively refused to go into an alliance with the members of the executive council, or any other set of men, until the people had decided between parties at the polls. The result was a victory for the Liberals, and as soon as the assembly met a direct motion of want of confidence was carried against the government, and for the first time in the history of the country the governor called to his council men exclusively belonging to the opposition in the popular branch. Mr. Howe was not called upon to form a cabinet—his quarrel with Lord Falkland had to be resented somehow—but the governor's choice was Mr. James Boyle Uniacke, who gave a prominent position in the new government to the great Liberal, to whom responsible government owed its final success in this maritime province.

Responsible government was not introduced into Prince Edward Island until 1851, when an address on the prosperous state of the island was presented to the imperial authorities, who at once consented to concede responsible government on the condition that adequate provision was made for certain public officers affected by the new order of things. The leader of the new government was the Honourable George Coles.

In the history of the past there is much to deplore, the blunders of English ministers, the want of judgment on the part of governors, the selfishness of "family compacts," the arrogance of office-holders, the recklessness of Canadian politicians. But the very trials of the crisis through which Canada passed brought out the fact, that if English statesmen had mistaken the spirit of the Canadian people, and had not always taken the best methods of removing grievances, it was not from any studied disposition to do these countries an injustice, but rather because they were unable to see until the very last moment that, even in a colony, a representative system must be worked in accordance with those principles that obtained in England, and that it was impossible to direct the internal affairs of dependencies many thousand miles distant through a colonial office, generally managed by a few clerks.

Of all the conspicuous figures of these memorable times, which already seem so far away from Canadians of the present day, who possess so many political rights, there are several who stand out more prominently than all others, and represent the distinct types of politicians, who influenced the public mind during the first half of the nineteenth century, when responsible government was in slow process of evolution from the political struggles which arose in the operation of representative institutions. Around the figure of Louis Joseph Papineau there has always been a sort of glamour which has helped to conceal his vanity, his rashness and his want of political sagacity, which would, under any circumstances, have prevented his success as a safe statesman, capable of guiding a people through a trying ordeal. His eloquence was fervid and had much influence over his impulsive countrymen, his sincerity was undoubted, and in all likelihood his very indiscretions made more palpable the defects of the political system against which he so persistently and so often justly declaimed. He lived to see his countrymen enjoy power and influence under the very union which they resented, and to find himself no longer a leader among men, but isolated from a great majority of his own people, and representing a past whose methods were antagonistic to the new regime that had grown up since 1838. It would have been well for his reputation had he remained in obscurity on his return from exile in 1847, when he and other rebels of 1837 were wisely pardoned, and had he never stood again on the floor of the parliament of Canada, as he did from 1848 until 1854, since he could only prove, in those later times, that he had never understood the true working of responsible government. While the Lafontaine-Baldwin ministry were in power, he revived an agitation for an elective legislative council and declared himself utterly hostile to responsible government; but his influence was at an end in the country, and he could make little impression on the assembly. The days of reckless agitation had passed, and the time for astute and calm statesmanship had come. Lafontaine and Morin were now safer political guides for his countrymen. He soon disappeared entirely from public view, and in the solitude of his picturesque chateau, amid the groves that overhang the Ottawa River, only visited from time to time by a few staunch friends, or by curious tourists who found their way to that quiet spot, he passed the remainder of his days with a tranquillity in wondrous contrast to the stormy and eventful drama of his life. The writer often saw his noble, dignified figure—erect even in age—passing unnoticed on the streets of Ottawa, when perhaps at the same time there were strangers, walking through the lobbies of the parliament house, asking for his portrait.

William Lyon Mackenzie is a far less picturesque figure in Canadian history than Papineau, who possessed an eloquence of tongue and a grace of demeanour which were not the attributes of the little peppery, undignified Scotchman who, for a few years, played so important a part in the English-speaking province. With his disinterestedness and unselfishness, with his hatred of political injustice and oppression, Canadians who remember the history of the constitutional struggles of England will always sympathise. Revolt against absolutism and tyranny is permissible in the opinion of men who love political freedom, but the conditions of Upper Canada were hardly such as justified the rash insurrection into which he led his deluded followers, many to misery and some to death. Mackenzie lived long enough to regret these sad mistakes of a reckless period of his life, and to admit that "the success of the rebellion would have deeply injured the people of Canada," whom he believed he was then serving, and that it was the interest of the Canadian people to strengthen in every way the connection with England. Like Papineau, he returned to Canada in 1849 to find himself entirely unequal to the new conditions of political life, where a large constitutional knowledge, a spirit of moderation and a statesmanlike conduct could alone give a man influence in the councils of his country. One historian has attempted to elevate Dr. Rolph at his expense, but a careful study of the career of those two actors will lead fair-minded readers to the conclusion that even the reckless course followed at the last by Mackenzie was preferable to the double-dealing of his more astute colleague. Dr. Rolph came again into prominence as one of the founders of the Clear Grits, who formed in 1849 an extreme branch of the Reform party. Dr. Rolph's qualities ensured him success in political intrigue, and he soon became a member of the Hincks-Morin government, which was formed on the reconstruction of the Lafontaine-Baldwin ministry in 1851, when its two moderate leaders were practically pushed aside by men more in harmony with the aggressive elements of the Reform party. But Mr. Mackenzie could never win such triumphs as were won by his wily and more manageable associate of old times. He published a newspaper—The Weekly Message—replete with the eccentricities of the editor, but it was never a financial success, while his career in the assembly from 1851 until 1858 only proved him almost a nullity in public affairs. Until his death in 1861 his life was a constant fight with poverty, although his closing years were somewhat soothed by the gift of a homestead. He might have received some public position which would have given him comfort and rest, but he would not surrender what he called his political freedom to the men in office, who, he believed, wished to purchase his silence—the veriest delusion, as his influence had practically disappeared with his flight to the United States.

Joseph Howe, unlike the majority of his compeers who struggled for popular rights, was a prominent figure in public life until the very close of his career in 1873. All his days, even when his spirit was sorely tried by the obstinacy and indifference of some English ministers, he loved England, for he knew—like the Loyalists, from one of whom he sprung—it was in her institutions, after all, his country could best find prosperity and happiness. It is an interesting fact that, among the many able essays and addresses which the question of imperial federation has drawn forth, none can equal his great speech on the consolidation of the empire in eloquence, breadth, and fervour. Of all the able men Nova Scotia has produced no one has surpassed that great tribune of the people in his power to persuade and delight the masses by his oratory. Yet, strange to say, his native province has never raised a monument to his memory.

One of the most admirable figures in the political history of the Dominion was undoubtedly Robert Baldwin. Compared with other popular leaders of his generation, he was calm in council, unselfish in motive, and moderate in opinion. If there is any significance in the political phrase "Liberal-Conservative," it could be applied with justice to him. The "great ministry," of which he and Louis Hippolyte Lafontaine—afterwards a baronet and chief justice—were the leaders, left behind it many monuments of broad statesmanship, and made a deep impression on the institutions of the country. In 1851 he resigned from the Reform ministry, of which he had been the Upper Canadian leader, in consequence of a vote of the Reformers of that province adverse to the continuance of the court of chancery, the constitution of which had been improved chiefly by himself. When he presented himself as a candidate before his old constituency he was defeated by a nominee of the Clear Grits, who were then, as always, pressing their opinions with great vehemence and hostility to all moderate men. He illustrated the fickle character of popular favour, when a man will not surrender his principles and descend to the arts of the politician. He lived until 1858 in retirement, almost forgotten by the people for whom he had worked so fearlessly and sincerely.

In New Brunswick the triumph of responsible government must always be associated with the name of Lemuel A. Wilmot, the descendant of a famous United Empire Loyalist stock, afterwards a judge and a lieutenant-governor of his native province. He was in some respects the most notable figure, after Joseph Howe and J.W. Johnston, the leaders of the Liberal and Conservative parties in Nova Scotia, in that famous body of public men who so long brightened the political life of the maritime provinces. But neither those two leaders nor their distinguished compeers, James Boyle Uniacke, William Young, John Hamilton Gray and Charles Fisher, all names familiar to students of Nova Scotia and New Brunswick history, surpassed Mr. Wilmot in that magnetic eloquence which carries an audience off its feet, in versatility of knowledge, in humorous sarcasm, and in conversational gifts, which made him a most interesting personality in social life. He impressed his strong individuality upon his countrymen until the latest hour of his useful career.

In Prince Edward Island, the name most intimately connected with the struggle for responsible government is that of George Coles, who, despite the absence of educational and social advantages in his youth, eventually triumphed over all obstacles, and occupied a most prominent position by dint of unconquerable courage and ability to influence the opinions of the great mass of people.

SECTION 2.—Results of self-government from 1841 to 1864.

The new colonial policy, adopted by the imperial government immediately after the presentation of Lord Durham's report, had a remarkable effect upon the political and social development of the British North American provinces during the quarter of a century that elapsed between the union of the Canadas in 1841 and the federal union of 1867. In 1841 Mr. Harrison, provincial secretary of the upper province in the coalition government formed by Lord Sydenham, brought in a measure which laid the foundations of the elaborate system of municipal institutions which the Canadian provinces now enjoy. In 1843 Attorney-General Lafontaine presented a bill "for better serving the independence of the legislative assembly of this province," which became law in 1844 and formed the basis of all subsequent legislation in Canada.

The question of the clergy reserves continued for some years after the union to perplex politicians and harass governments. At last in 1854 the Hincks government was defeated by a combination of factions, and the Liberal-Conservative party was formed out of the union of the Conservatives and the moderate Reformers. Sir Allan MacNab was the leader of this coalition government, but the most influential member was Mr. John A. Macdonald, then attorney-general of Upper Canada, whose first important act was the settlement of the clergy reserves. Reform ministers had for years evaded the question, and it was now left to a government, largely composed of men who had been Tories in the early part of their political career, to yield to the force of public opinion and take it out of the arena of political agitation by means of legislation which handed over this property to the municipal corporations of the province for secular purposes, and at the same time made a small endowment for the protection of the clergy who had legal claims on the fund. The same government had also the honour of removing the old French seigniorial system, recognised to be incompatible with the modern condition of a country of free government, and injurious to the agricultural development of the province at large. The question was practically settled in 1854, when Mr. Drummond, then attorney-general for Lower Canada, brought in a bill providing for the appointment of a commission to ascertain the amount of compensation that could be fairly asked by the seigniors for the cession of their seigniorial rights. The seigniors, from first to last, received about a million of dollars, and it also became necessary to revise those old French laws which affected the land tenure of Lower Canada. Accordingly in 1856 Mr. George Cartier, attorney-general for Lower Canada in the Tache-Macdonald ministry, introduced the legislation necessary for the codification of the civil law. In 1857 Mr. Spence, post-master-general in the same ministry, brought in a measure to organise the civil service, on whose character and ability so much depends in the working of parliamentary institutions. From that day to this the Canadian government has practically recognised the British principle of retaining public officers without reference to a change of political administration.

Soon after the union the legislating obtained full control of the civil list and the post-office. The last tariff framed by the imperial parliament for British North America was mentioned in the speech at the opening of the Canadian legislature in 1842. In 1846 the British colonies in America were authorised by an imperial statute to reduce or repeal by their own legislation duties imposed by imperial acts upon foreign goods imported from foreign countries into the colonies in question. Canada soon availed herself of this privilege, which was granted to her as the logical sequence of the free-trade policy of Great Britain, and, from that time to the present, she has been enabled to legislate very freely with regard to her own commercial interests. In 1849 the imperial parliament repealed the navigation laws, and allowed the river St. Lawrence to be used by vessels of all nations. With the repeal of laws, the continuance of which had seriously crippled Canadian trade after the adoption of free trade by England, the provinces gradually entered on a new career of industrial enterprise.

No part of the constitution of 1840 gave greater offence to the French Canadian population than the clause restricting the use of the French language in the legislature. It was considered as a part of the policy, foreshadowed in Lord Durham's report, to denationalise, if possible, the French Canadian province. The repeal of the clause, in 1848, was one evidence of the harmonious operation of the union, and of a better feeling between the two sections of the population. Still later, provision was made for the gradual establishment of an elective legislative council, so long and earnestly demanded by the old legislature of Lower Canada.

The members of the Lafontaine-Baldwin government became the legislative executors of a troublesome legacy left to them by a Conservative ministry. In 1839 acts had been passed by the special council of Lower Canada and the legislature of Upper Canada to compensate the loyal inhabitants of those provinces for the loss they had sustained during the rebellions. In the first session of the union parliament the Upper Canadian act was amended, and money voted to reimburse all persons in Upper Canada whose property had been unnecessarily, or wantonly, destroyed by persons acting, or pretending to act, on behalf of the crown. An agitation then commenced for the application of the same principle to Lower Canada, and in 1845 commissioners were appointed by the Draper administration to inquire into the nature and value of the losses suffered by her Majesty's loyal subjects in Lower Canada. When their report was presented in favour of certain claims the Draper ministry brought in some legislation on the subject, but went out of office before any action could be taken thereon. The Lafontaine-Baldwin government then determined to set the question at rest, and introduced legislation for the issue of debentures to the amount of $400,000 for the payment of losses sustained by persons who had not been convicted of, or charged with, high treason or other offences of a treasonable nature, or had been committed to the custody of the sheriff in the gaol of Montreal and subsequently transported to the island of Bermuda. Although the principle of this measure was fully justified by the action of the Tory Draper government, extreme Loyalists and even some Reformers of Upper Canada declaimed against it in the most violent terms, and a few persons even declared that they would prefer annexation to the United States to the payment of the rebels. The bill, however, passed the legislature by a large majority, and received the crown's assent through Lord Elgin on the 25th April, 1849. A large crowd immediately assembled around the parliament house—formerly the St. Anne Market House—and insulted the governor-general by opprobrious epithets, and by throwing missiles at him as he drove away to Monklands, his residence in the country. The government and members of the legislature appear to have been unconscious of the danger to which they were exposed until a great crowd rushed into the building, which was immediately destroyed by fire with its fine collection of books and archives. A few days later, when the assembly, then temporarily housed in the hall of Bonsecours Market, attempted to present an address to Lord Elgin, he was in imminent danger of his life while on his way to the government house—then the old Chateau de Ramesay in Notre-Dame Street—and the consequences might have been most serious had he not evaded the mob on his return to Monklands. This disgraceful affair was a remarkable illustration not simply of the violence of faction, but largely of the discontent then so prevalent in Montreal and other industrial centres, on account of the commercial policy of Great Britain, which seriously crippled colonial trade and was the main cause of the creation of a small party which actually advocated for a short time annexation to the United States as preferable to the existing state of things. The result was the removal of the seat of government from Montreal, and the establishment of a nomadic system of government by which the legislature met alternately at Toronto and Quebec every five years until Ottawa was chosen by the Queen as a permanent political capital. Lord Elgin felt his position keenly, and offered his resignation to the imperial government, but they refused to entertain it, and his course as a constitutional governor under such trying circumstances was approved by parliament.

The material condition of the provinces—especially of Upper Canada, which now became the first in population and wealth—kept pace with the rapid progress of the people in self-government. The population of the five provinces had increased from about 1,500,000, in 1841, to about 3,200,000 when the census was taken in 1861 The greatest increase had been in the province of Upper Canada, chiefly in consequence of the large immigration which flowed into the country from Ireland, where the potato rot had caused wide-spread destitution and misery. The population of this province had now reached 1,396,091, or nearly 300,000 more than the population of Lower Canada—an increase which, as I shall show in the next chapter, had important effects on the political conditions of the two provinces. The eastern or maritime provinces received but a small part of the yearly immigration from Europe, and even that was balanced by an exodus to the United States. Montreal had a population of 100,000, or double that of Quebec, and was now recognised as the commercial capital of British North America. Toronto had reached 60,000, and was making more steady progress in population and wealth than any other city, except Montreal. Towns and villages were springing up with great rapidity in the midst of the enterprising farming population of the western province. In Lower Canada the townships showed the energy of a British people, but the habitants pursued the even tenor of ways which did not include enterprise and improved methods of agriculture.

The value of the total exports and imports of the provinces reached $150,000,000 by 1864, or an increase of $100,000,000 in a quarter of a century. The great bulk of the import trade was with Great Britain and the United States, but the value of the exports to the United States was largely in excess of the goods purchased by Great Britain—especially after 1854, when Lord Elgin arranged a reciprocity treaty with the United States. Lord Elgin represented Great Britain in the negotiations at Washington, and the Congress of the United States and the several legislatures of the Canadian provinces passed the legislation necessary to give effect to the treaty. Its most important provisions established free trade between British North America and the United States in products of the forest, mine, and sea, conceded the navigation of the St. Lawrence to the Americans, and the use of the canals of Canada on the same terms as were imposed upon British subjects, gave Canadians the right to navigate Lake Michigan, and allowed the fishermen of the United States to fish on the sea-coasts of the British provinces without regard to distance from the shore, in return for a similar but relatively worthless privilege on the eastern shores of the republic, north of the 30th parallel of north latitude. During the thirteen years the treaty lasted the trade between the two countries rose from over thirty-three million dollars in 1854 to over eighty million dollars in 1866, when it was repealed by the action of the United States government itself, for reasons which I shall explain in a later chapter.

The navigation of the St. Lawrence was now made continuous and secure by the enlargement of the Welland and Lachine canals, and the construction of the Cornwall, Williamsburgh, and Beauharnois canals. Railways received their great stimulus during the government of Sir Francis Hincks, who largely increased the debt of Canada by guaranteeing in 1852 the bonds of the Grand Trunk Railway—a noble, national work, now extending from Quebec to Lake Michigan, with branches in every direction, but whose early history was marred by jobbery and mismanagement, which not only ruined or crippled many of the original shareholders, but cost Canada eventually twenty-three million dollars. In 1864 there were two thousand miles of railway working in British North America, of which the Grand Trunk Railway owned at least one-half. The railways in the maritime provinces were very insignificant, and all attempts to obtain the co-operation of the imperial and Canadian governments for the construction of an Intercolonial Railway through British American territory failed, despite the energetic efforts of Mr. Howe to bring it about.

After the union of the Canadas in 1841, a steady movement for the improvement of the elementary, public, or common schools continued for years, and the services of the Reverend Egerton Ryerson were engaged as chief superintendent of education with signal advantage to the country. In 1850, when the Lafontaine-Baldwin government was in office, the results of the superintendent's studies of the systems of other countries were embodied in a bill based on the principle of local assessment, aided by legislative grants, for the carrying on of the public schools. This measure is the basis of the present admirable school system of Upper Canada, and to a large extent of that of the other English-speaking provinces. In Lower Canada the history of public schools must be always associated with the names of Dr. Meilleur and the Honourable Mr. Chauveau; but the system has never been as effective as in the upper province. In both provinces, separate or dissentient schools were eventually established for the benefit of the Roman Catholics in Upper or Protestant Canada, and of the Protestants in Lower or Catholic Canada. In the maritime provinces satisfactory progress was also made in the development of a sound school system. In Nova Scotia Dr. Tupper, when provincial secretary (1863-1867), laid the foundations of the excellent schools that the province now enjoys.

During this period the newspaper press increased remarkably in influence and circulation. The most important newspaper in the Dominion, the Globe, was established at Toronto in 1844 by Mr. George Brown, a Scotchman by birth, who became a power from that time among the Liberal politicians of Canada. No notable books were produced in the English-speaking provinces except "Acadian Geology," a work by Dr. Dawson, who became in 1855 principal of McGill University, and was, in later years, knighted by the Queen; but the polished verses of Cremazie and the lucid histories of Canada by Ferland and Garneau already showed that French Canada had both a history and a literature.

Towards the close of this memorable period of Canadian development, the Prince of Wales, heir-apparent to the throne, visited the British American provinces, where the people gave full expression to their loyal feelings. This was the third occasion on which these communities had been favoured by the presence of members of the royal family. Prince William Henry, afterward William IV, visited Nova Scotia during the years 1786-1788, in command of a frigate. From 1791 until 1797 Prince Edward, Duke of Kent, father of the present sovereign, was in command of the imperial forces, first at Quebec, and later at Halifax. The year 1860 was an opportune time for a royal visit to provinces where the people were in the full enjoyment of the results of the liberal system of self-government extended to them at the commencement of the Queen's reign by the mother-country.

A quarter of a century had passed after the union of the Canadas when the necessities of the provinces of British North America forced them to a momentous constitutional change, which gave a greater scope to the statesmanship of their public men, and opened up a wider sphere of effort to capital and enterprise. In the following chapter I shall show the nature of the conditions which brought about this union.



CHAPTER VIII.

THE EVOLUTION OF CONFEDERATION (1789—1864).

SECTION 1—The beginnings of confederation.

The idea of a union of the provinces of British North America had been under discussion for half a century before it reached the domain of practical statesmanship. The eminent Loyalist, Chief Justice Smith of Quebec, so early as 1789, in a letter to Lord Dorchester, gave an outline of a scheme for uniting all the provinces of British North America "under one general direction." A quarter of a century later Chief Justice Sewell of Quebec, also a Loyalist, addressed a letter to the father of the present Queen, the Duke of Kent, in which he urged a federal union of the isolated provinces. Lord Durham was also of opinion in 1839 that a legislative union of all the provinces "would at once decisively settle the question of races," but he did not find it possible to carry it out at that critical time in the history of the Canadas.

Some ten years later, at a meeting of prominent public men in Toronto, known as the British American League, the project of a federal union was submitted to the favourable consideration of the provinces. In 1854 the subject was formally brought before the legislature of Nova Scotia by the Honourable James William Johnston, the able leader of the Conservative party, and found its most eloquent exposition in the speech of the Honourable Joseph Howe, one of the fathers of responsible government. The result of the discussion was the unanimous adoption of a resolution—the first formally adopted by any provincial legislature—setting forth that "the union or confederation of the British provinces, while calculated to perpetuate their connection with the parent state, will promote their advancement and prosperity, increase their strength, and influence and elevate their position." Mr. Howe, on that occasion, expressed himself in favour of a federation of the empire, of which he was always an earnest advocate until his death.

In the legislature of Canada Mr., afterwards Sir, Alexander Tilloch Galt was an able exponent of union, and when he became a member of the Cartier-Macdonald government in 1858 the question was made a part of the ministerial policy, and received special mention in the speech of Sir Edmund Head, the governor-general, at the end of the session. The matter was brought to the attention of the imperial government on more than one occasion during these years by delegates from Canada and Nova Scotia, but no definite conclusion could be reached in view of the fact that the question had not been taken up generally in the provinces.

The political condition of the Canadas brought about a union much sooner than was anticipated by its most sanguine promoters. In a despatch written to the colonial minister by the Canadian delegates,—members of the Cartier-Macdonald ministry—who visited England in 1858 and laid the question of union before the government, they represented that "very grave difficulties now present themselves in conducting the government of Canada"; that "the progress of population has been more rapid in the western province, and claims are now made on behalf of its inhabitants for giving them representation in the legislature in proportion to their numbers"; that "the result is shown by agitation fraught with great danger to the peaceful and harmonious working of our constitutional system, and, consequently, detrimental to the progress of the province" that "this state of things is yearly becoming worse"; and that "the Canadian government are impressed with the necessity for seeking such a mode of dealing with these difficulties as may for ever remove them." In addition to this expression of opinion on the part of the representatives of the Conservative government of 1858, the Reformers of Upper Canada held a large and influential convention at Toronto in 1859, and adopted a resolution in which it was emphatically set forth, "that the best practicable remedy for the evils now encountered in the government of Canada is to be found in the formation of two or more local governments to which shall be committed the control of all matters of a local and sectional character, and some general authority charged with such matters as are necessarily common to both sections of the provinces"—language almost identical with that used by the Quebec convention six years later in one of its resolutions with respect to the larger scheme of federation. Mr. George Brown brought this scheme before the assembly in 1860, but it was rejected by a large majority. At this time constitutional and political difficulties of a serious nature had arisen between the French and English speaking sections of the united Canadian provinces. A large and influential party in Upper Canada had become deeply dissatisfied with the conditions of the union of 1840, which maintained equality of representation to the two provinces when statistics clearly showed that the western section exceeded French Canada both in population and wealth.

A demand was persistently and even fiercely made at times for such a readjustment of the representation in the assembly as would do full justice to the more populous and richer province. The French Canadian leaders resented this demand as an attempt to violate the terms on which they were brought into the union, and as calculated, and indeed intended, to place them in a position of inferiority to the people of a province where such fierce and unjust attacks were systematically made on their language, religion, and institutions generally. With much justice they pressed the fact that at the commencement of, and for some years subsequent to, the union, the French Canadians were numerically in the majority, and yet had no larger representation in the assembly than the inhabitants of the upper province, then inferior in population. Mr. George Brown, who had under his control a powerful newspaper, the Globe, of Toronto, was remarkable for his power of invective and his tenacity of purpose, and he made persistent and violent attacks upon the conditions of the union, and upon the French and English Conservatives, who were not willing to violate a solemn contract.

The difficulties between the Canadian provinces at last became so intensified by the public opinion created by Mr. Brown in Upper Canada in favour of representation by population, that good and stable government was no longer possible on account of the close division of parties in the legislature. Appeals were made frequently to the people, and new ministries formed,—in fact, five within two years—but the sectional difficulties had obviously reached a point where it was not possible to carry on successfully the administration of public affairs. On the 14th June, 1864, a committee of the legislative assembly of Canada, of whom Mr. Brown was chairman, reported that "a strong feeling was found to exist among the members of the committee in favour of changes in the direction of a federal system, applied either to Canada alone or to the whole of the British North American provinces." On the day when this report was presented, the Conservative government, known as the Tache-Macdonald ministry, suffered the fate of many previous governments for years, and it became necessary either to appeal at once to the people, or find some other practical solution of the political difficulties which prevented the formation of a stable government. Then it was that Mr. Brown rose above the level of mere party selfishness, and assumed the attitude of a statesman, animated by patriotic and noble impulses which must help us to forget the spirit of sectionalism and illiberality which so often animated him in his career of heated partisanship. Negotiations took place between Mr. John A. Macdonald, Mr. Brown, Mr. Cartier, Mr. Galt, Mr. Morris, Mr. McDougall, Mr. Mowat, and other prominent members of the Conservative and Reform parties, with the result that a coalition government was formed on the distinct understanding that it would "bring in a measure next session for the purpose of removing existing difficulties by introducing the federal principle into Canada, coupled with such provisions as will permit the maritime provinces and the north-west territories to be incorporated into the same system of government." The Reformers who entered the government with Macdonald and Cartier on this fundamental condition were Mr. Brown, Mr. Oliver Mowat, and Mr. William McDougall, who stood deservedly high in public estimation.

While these events were happening in the Canadas, the maritime provinces were taking steps in the direction of their own union. In 1861 Mr. Howe, the leader of a Liberal government in Nova Scotia, carried a resolution in favour of such a scheme. Three years later the Conservative ministry of which Dr., now Sir, Charles Tupper, was premier, took measures in the legislature of Nova Scotia to carry out the proposition of his predecessor; and a conference was arranged at Charlottetown between delegates from the three provinces of Nova Scotia, New Brunswick, and Prince Edward Island By a happy forethought the government of Canada, immediately on hearing of this important conference, decided to send a delegation, composed of Messrs J.A. Macdonald, Brown, Cartier, Galt, McGee, Langevin, McDougall, and Campbell. The result of the conference was favourable to the consideration of the larger question of the union of all the provinces; and it was decided to hold a further conference at Quebec in October for the purpose of discussing the question as fully as its great importance demanded.

SECTION 2.—The Quebec convention of 1864.

Thirty-three delegates met in the parliament house of this historic city. They were all men of large experience in the work of administration or legislation in their respective provinces. Not a few of them were noted lawyers who had thoroughly studied the systems of government in other countries. Some were gifted with rare eloquence and power of argument. At no time, before or since, has the city of Quebec been visited by an assemblage of notables with so many high qualifications for the foundation of a nation. Descendants of the pioneers of French Canada, English Canadians sprung from the Loyalists of the eighteenth century, eloquent Irishmen and astute Scotchmen, all, thoroughly conversant with Canadian interests, met in a convention summoned to discharge the greatest responsibilities ever entrusted to any body of men in Canada.

The chairman was Sir Etienne Paschal Tache, who had proved in his youth his fidelity to England on the famous battlefield of Chateauguay, and had won the respect of all classes and parties by the display of many admirable qualities. Like the majority of his compatriots he had learned to believe thoroughly in the government and institutions of Great Britain, and never lost an opportunity of recognising the benefits which his race derived from British connection. He it was who gave utterance to the oft-quoted words: "That the last gun that would be fired for British supremacy in America would be fired by a French Canadian." He lived to move the resolutions of the Quebec convention in the legislative council of Canada, but he died a few months before the union was formally established in 1867, and never had an opportunity of experiencing the positive advantages which his race, of whose interests he was always an earnest exponent, derived from a condition of things which gave additional guarantees for the preservation of their special institutions. But there were in the convention other men of much greater political force, more deeply versed in constitutional knowledge, more capable of framing a plan of union than the esteemed and discreet president. Most prominent among these was Mr., afterwards Sir, John A. Macdonald, who had been for years one of the most conspicuous figures in Canadian politics, and had been able to win to a remarkable degree the confidence not only or the great majority of the French Canadians but also of a powerful minority in the western province where his able antagonist, Mr. Brown, until 1864 held the vantage ground by his persistency in urging its claims to greater weight in the administration of public affairs. Mr. Macdonald had a great knowledge of men and did not hesitate to avail himself of their weaknesses in order to strengthen his political power. His greatest faults were those of a politician anxious for the success of his party. His strength lay largely in his ability to understand the working of British institutions, and in his recognition of the necessity of carrying on the government in a country of diverse nationalities, on principles of justice and compromise. He had a happy faculty of adapting himself to the decided current of public opinion even at the risk of leaving himself open to a charge of inconsistency, and he was just as ready to adopt the measures of his opponents as he was willing to enter their ranks and steal away some prominent men whose support he thought necessary to his political success.

So early as 1861 he had emphatically expressed himself on the floor of the assembly in favour of the main principles of just such a federal union as was initiated at Quebec. The moment he found that the question of union was likely to be something more than a mere subject for academic discussion or eloquent expression in legislative halls, he recognised immediately the great advantages it offered, not only for the solution of the difficulties of his own party, but also for the consolidation of British American as well as imperial interests on the continent of North America From the hour when he became convinced of this fact he devoted his consummate ability not merely as a party leader, but as a statesman of broad national views, to the perfection of a measure which promised so much for the welfare and security of the British provinces. It was his good fortune, after the establishment of the federation, to be the first premier of the new Dominion and to mould its destinies with a firm and capable hand. He saw it extended to the Pacific shores long before he died, amid the regrets of all classes and creeds and races of a country he loved and in whose future he had the most perfect confidence.

The name of the Right Honourable Sir John Macdonald, to give him the titles he afterwards received from the crown, naturally brings up that of Mr., afterwards Sir, George Etienne Cartier, who was his faithful colleague and ally for many years in the legislature of old Canada, and for a short time after the completion of the federal union, until his death. This able French Canadian had taken an insignificant part in the unfortunate rising of 1837, but like many other men of his nationality he recognised the mistakes of his impetuous youth, and, unlike Papineau after the union of 1840, endeavoured to work out earnestly and honestly the principles of responsible government. While a true friend of his race, he was generous and fair in his relations with other nationalities, and understood the necessity of compromise and conciliation in a country of diverse races, needs, and interests. Sir John Macdonald appreciated at their full value his statesmanlike qualities, and succeeded in winning his sympathetic and faithful co-operation during the many years they acted together in opposition to the war of nationalities which would have been the eventual consequence of Mr. Brown's determined agitation if it had been carried to its logical and natural conclusion—conclusion happily averted by the wise stand taken by Mr. Brown himself with respect to the settlement of provincial troubles. In the settlement of the terms of union, we can see not only the master hand of Sir John Macdonald in the British framework of the system, but also the successful effort of Sir George Cartier to preserve intact the peculiar institutions of his native province.

All those who have studied Mr. Brown's career know something of his independent and uncompromising character; but for some time after he entered the coalition government his speeches in favour of federation assumed a dignified style and a breadth of view which stand out in great contrast with his bitter arguments as leader of the Clear Grits. In the framing of the Quebec resolutions his part was chiefly in arranging the financial terms with a regard to the interests of his own province.

Another influential member of the Canadian delegation was Mr., afterwards Sir, Alexander Galt, the son of the creator of that original character in fiction, Laurie Todd, who had been a resident for many years in Western Canada, where a pretty city perpetuates his name. His able son had been for a long time a prominent figure in Canadian politics, and was distinguished for his intelligent advocacy of railway construction and political union as measures essential to the material and political development of the provinces. His earnest and eloquent exposition of the necessity of union had no doubt much to do with creating a wide-spread public sentiment in its favour, and with preparing the way for the formation of the coalition government of 1864, on the basis of such a political measure. His knowledge of financial and commercial questions was found to be invaluable in the settlement of the financial basis of the union, while his recognised position as a representative of the Protestant English-speaking people in French Canada gave him much weight when it was a question of securing their rights and interests in the Quebec resolutions.

The other members of the Canadian delegation were men of varied accomplishments, some of whom played an important part in the working out of the federal system, the foundations of which they laid. There was a brilliant Irishman, Thomas D'Arcy McGee, poet, historian and orator, who had been in his rash youth obliged to fly from Ireland to the United States on account of his connection with the rebellious party known as Young Ireland during the troubles of 1848. When he removed from the United States in 1857 he advocated with much force a union of the provinces in the New Era, of which he was editor during its short existence. He was elected to parliament in 1858, and became a notable figure in Canadian politics on account of his eloquence and bonhomie. His most elaborate addresses had never the easy flow of Joseph Howe's speeches, but were laboured essays, showing too obviously the results of careful compilation in libraries, while brightened by touches of natural humour. He had been president of the council in the Sandfield Macdonald government of 1862—a moderate Reform ministry—but later he joined the Liberal-Conservative party as less sectional in its aspirations and more generous in its general policy than the one led by Mr. Brown. Mr. McGee was during his residence in Canada a firm friend of the British connection, having observed the beneficent character of British rule in his new Canadian home, with whose interests he so thoroughly identified himself.

Mr. William McDougall, the descendant of a Loyalist, had been long connected with the advocacy of Reform principles in the press and on the floor of parliament, and was distinguished for his clear, incisive style of debating. He had been for years a firm believer in the advantages of union, which he had been the first to urge at the Reform convention of 1859. Mr., afterwards Sir, Alexander Campbell, who had been for some years a legal partner of Sir John Macdonald, was gifted with a remarkably clear intellect, great common sense, and business capacity, which he displayed later as leader of the senate and as minister of the crown. Mr., afterwards Sir, Oliver Mowat, who had been a student of law in Sir John Macdonald's office at Kingston, brought to the discharge of the important positions he held in later times as minister, vice-chancellor, and premier of the province of Ontario, great legal learning, and admirable judgment. Mr., now Sir, Hector Langevin was considered a man of promise, likely to exercise in the future much influence among his countrymen. For some years after the establishment of the new Dominion he occupied important positions in the government of the country, and led the French Conservative party after the death of Sir George Cartier. Mr. James Cockburn was an excellent lawyer, who three years later was chosen speaker of the first house of commons of the federal parliament—a position which his sound judgment, knowledge of parliamentary law, and dignity of manner enabled him to discharge with signal ability. Mr. J.C. Chapais was a man of sound judgment, which made him equal to the administrative duties entrusted to him from time to time.

Of the five men sent by Nova Scotia, the two ablest were Dr., now Sir, Charles Tupper, who was first minister of the Conservative government, and Mr., later Sir, Adams G. Archibald, who was leader of the Liberal opposition in the assembly. The former was then as now distinguished for his great power as a debater and for the forcible expression of his opinions on the public questions on which he had made up his mind. When he had a great end in view he followed it with a tenacity of purpose that generally gave him success. Ever since he entered public life as an opponent of Mr. Howe, he has been a dominant force in the politics of Nova Scotia. While Conservative in name he entertained broad Liberal views which found expression in the improvement of the school system, at a very low ebb when he came into office, and in the readiness and energy with which he identified himself with the cause of the union of the provinces. Mr. Archibald was noted for his dignified demeanour, sound legal attainments, and clear plausible style of oratory, well calculated to instruct a learned audience. Mr. William A. Henry was a lawyer of considerable ability, who was at a later time elevated to the bench of the supreme court of Canada. Mr. Jonathan J. McCully, afterwards a judge in Nova Scotia, had never sat in the assembly, but he exercised influence in the legislative council on the Liberal side and was an editorial writer of no mean ability. Mr. Dickey was a leader of the Conservatives in the upper house and distinguished for his general culture and legal knowledge.

New Brunswick sent seven delegates, drawn from the government and opposition. The Loyalists who founded this province were represented by four of the most prominent members of the delegation, Tilley, Chandler, Gray, and Fisher. Mr., afterwards Sir, Samuel Leonard Tilley had been long engaged in public life and possessed admirable ability as an administrator. He had for years taken a deep interest in questions of intercolonial trade, railway intercourse and political union. He was a Reformer of pronounced opinions, most earnest in the advocacy of temperance, possessed of great tact and respected for his high character in all the relations of life. In later times he became finance minister of the Dominion and lieutenant-governor of his native province.

Mr. John Hamilton Gray, later a judge in British Columbia, was one of the most eloquent and accomplished men in the convention, and brought to the consideration of legal and constitutional questions much knowledge and experience. Mr. Fisher, afterwards a judge in his province, was also a well equipped lawyer and speaker who displayed a cultured mind. Like all the delegates from New Brunswick he was animated by a great love for British connection and institutions. Mr. Peter Mitchell was a Liberal, conspicuous for the energy he brought to the administration of public affairs, both in his own province and at a later time in the new Dominion as a minister of the crown. Mr. Edward Barron Chandler had long been a notable figure in the politics of New Brunswick, and was universally respected for his probity and worth. He had the honour of being at a later time the lieutenant-governor of the province with which he had been so long and honourably associated. Mr. John Johnson and Mr. William H. Steeves were also fully qualified to deal intelligently with the questions submitted to the convention.

Of the seven members of the Prince Edward Island delegation, four were members of the government and the rest were prominent men in one or other branch of the legislature. Colonel Gray—a descendant of a Virginia Loyalist—was prime minister of the island. Mr. George Coles was one of the fathers of responsible government in the island, and long associated with the advocacy and passage of many progressive measures, including the improvement of the educational system. Mr. Edward Whelan was a journalist, an Irishman by birth, and endowed, like so many of his countrymen, with a natural gift of eloquence. Mr. Thomas Heath Haviland, afterwards lieutenant-governor of the island, was a man of culture, and Mr. Edward Palmer was a lawyer of good reputation. Mr. William H. Pope and Mr. Andrew Archibald Macdonald were also thoroughly capable of watching over the special interests of the island.

Newfoundland had the advantage of being represented by Mr. Frederick B.T. Carter, then speaker of the house of assembly, and by Mr. Ambrose Shea, also a distinguished politician of the great island. Both were knighted at later times; the former became chief justice of his own province, and the latter governor of the Bahamas.

SECTION 3.—Confederation accomplished.

The Quebec convention sat with closed doors for eighteen days, and agreed to seventy-two resolutions, which form the basis of the Act of Union, subsequently passed by the imperial parliament. These resolutions set forth at the outset that in a federation of the British American provinces "the system of government best adapted under existing circumstances to protect the diversified interests of the several provinces, and secure 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 local governments for each of the Canadas, and for the provinces of Nova Scotia, New Brunswick, and Prince Edward Island, charged with the control of local matters in their respective sections" In another paragraph the resolutions declared that "in forming a constitution for a general government, the conference, with a view to the perpetuation of our connection with the mother-country, and the promotion of the best interests of the people of these provinces, desire to follow the model of the British constitution so far as our circumstances permit" In a subsequent paragraph it was set forth: "the executive authority or government shall be vested in the sovereign of the United Kingdom of Great Britain and Ireland, and be administered according to the well-understood principles of the British constitution, by a sovereign personally, or by the representative of the sovereign duly authorised."

In these three paragraphs of the Quebec resolutions we see clearly expressed the leading principles on which the Canadian federation rests—a federation, with a central government having jurisdiction over matters of common interest to the whole country comprised in the union, and a number of provincial governments having the control and management of certain local matters naturally and conveniently belonging to them, each government being administered in accordance with the well-understood principles of the British system of parliamentary institutions.

The resolutions also defined in express terms the respective powers of the central and provincial governments. Any subject that did not fall within the enumerated powers of the provincial legislatures was placed under the control of the general parliament. The convention recognised the necessity of preventing, as far as possible, the difficulties that had arisen in the working of the constitution of the United States, where the residuary power of legislation is given to the people of the respective states and not to the federal government. In a subsequent chapter I give a brief summary of these and other details of the system of government, generally laid down in the Quebec resolutions and practically embodied in an imperial statute three years later.

Although we have no official report of the discussions of the Quebec convention, we know on good authority that the question of providing revenues for the provinces was one that gave the delegates the greatest difficulty. In all the provinces the sources of revenue were chiefly customs and excise-duties which had to be set apart for the general government of the federation. Some of the delegates from Ontario, where there had existed for many years an admirable system of municipal government, which provided funds for education and local improvements, recognised the advantages of direct taxation; but the representatives of the other provinces would not consent to such a system, especially in the case of Nova Scotia, New Brunswick, and Prince Edward Island, where there were no municipal institutions, and the people depended almost exclusively on the annual votes of the legislature for the means to meet their local necessities. All of the delegates, in fact, felt that to force the maritime provinces to resort to direct taxes as the only method of carrying on their government, would be probably fatal to the success of the scheme, and it was finally decided that the central government should grant annual subsidies, based on population, relative debts, financial position, and such other facts as should be fairly brought into the consideration of the case.

It is unfortunate that we have no full report of the deliberations and debates of this great conference. We have only a fragmentary record from which it is difficult to form any adequate conclusions as to the part taken by the several delegates in the numerous questions which necessarily came under their purview.[4] Under these circumstances, a careful writer hesitates to form any positive opinion based upon these reports of the discussions, but no one can doubt that the directing spirit of the conference was Sir John Macdonald. Meagre as is the record of what he said, we can yet see that his words were those of a man who rose above the level of the mere politician, and grasped the magnitude of the questions involved. What he aimed at especially was to follow as closely as possible the fundamental principles of English parliamentary government, and to engraft them upon the general system of federal union. Mr. George Brown took a prominent part in the deliberations. His opinions read curiously now. He was in favour of having the lieutenant-governors appointed by the general government, and he was willing to give them an effective veto over provincial legislation. He advocated the election of a legislative chamber on a fixed day every third year, not subject to a dissolution during its term—also an adaptation of the American system. He went so far as to urge the advisability of having the executive council elected for three years—by the assembly, we may assume, though the imperfect report before us does not state so—and also of giving the lieutenant-governor the right of dismissing any of its members when the house was not sitting. Mr. Brown consequently appears to have been the advocate, so far as the provinces were concerned, of principles that prevail in the federal republic across the border. He opposed the introduction of responsible government, as it now obtains, in all the provinces of the Dominion, while conceding its necessity for the central government.

[4: Mr. Joseph Pope, for years the able confidential secretary of Sir John Macdonald, has edited and published all the official documents bearing on the origin and evolution of the British North America Act of 1867; but despite all the ability and fidelity he has devoted to the task the result is most imperfect and unsatisfactory on account of the absence of any full or exact original report of proceedings.]

We gather from the report of discussions that the Prince Edward Island delegates hesitated from the beginning to enter a union where their province would necessarily have so small a numerical representation—one of the main objections which subsequently operated against the island coming into the confederation. With respect to education we see that it was Mr., afterwards Sir, Alexander Galt, who was responsible for the provision in the constitution which gives the general government and parliament a certain control over provincial legislation in case the rights of a Protestant or a Roman Catholic minority are prejudicially affected. The minutes on this point are defective, but we have the original motion on the subject, and a note of Sir John Macdonald himself that it was passed, with the assent of all the provinces, at the subsequent London conference in 1867. The majority of the delegates appear from the outset to have supported strenuously the principle which lies at the basis of the confederation, that all powers not expressly reserved to the provinces should appertain to the general government, as against the opposite principle, which, as Sir John Macdonald pointed out, had led to great difficulties in the working of the federal system in the United States. Sir John Macdonald also, with his usual sagacity, showed that, in all cases of conflict of jurisdiction, recourse would be necessarily made to the courts, as was the practice even then whenever there was a conflict between imperial and Canadian statutes.

Addresses to the Queen embodying the Quebec resolutions were submitted to the legislature of Canada during the winter of 1865, and passed in both houses by large majorities after a very full discussion of the merits of the scheme. The opposition in the assembly came chiefly from Mr. Antoine A. Dorion, Mr. Luther H. Holton, Mr. Dunkin, Mr. Lucius Seth Huntington, Mr. John Sandfield Macdonald, and other able Liberals who were not disposed to follow Mr. Brown and his two colleagues in their patriotic abandonment of "partyism."

The vote on the address was, in the council—Contents 45, Non-contents 15. In the assembly it stood—Yeas 91, Nays 33. The minority in the assembly comprised 25 out of 65 representatives of French Canada, and only 8 out of the 65 from Upper Canada. With the speaker in the chair there were only 5 members absent on the taking of the final vote.

Efforts were made both in the council and assembly to obtain an unequivocal expression of public opinion at the polls before the address was submitted to the imperial government for final action. It was argued with much force that the legislature had had no special mandate from the people to carry out so vital a change in the political condition of the provinces, but this argument had relatively little weight in either house in view of the dominant public sentiment which, as it was obvious to the most superficial observer, existed in the valley of the St. Lawrence in favour of a scheme which seemed certain to settle the difficulties so long in the way of stable government, and offered so many auspicious auguries for the development of the provinces embraced in federation.

Soon after the close of the session Messrs Macdonald, Galt, Cartier, and Brown went to England to confer with the imperial authorities on various matters of grave public import. The British government agreed to guarantee a loan for the construction of the Intercolonial Railway and gave additional assurances of their deep interest in the proposed confederation. An understanding was reached with respect to the mutual obligations of the parent state and the dependency to provide for the defences of the country. Preliminary steps were taken in the direction of acquiring the north-west from the Hudson's Bay Company on equitable terms whenever their exact legal rights were ascertained. The report of the delegates was laid before the Canadian parliament during a very short session held in August and September of 1865. It was then that parliament formally ratified the Civil Code of Lower Canada, with which must be always honourably associated the name of Mr. Cartier.

In the maritime provinces, however, the prospect for some months was far from encouraging. Much dissatisfaction was expressed with the financial terms, and the haste with which the maritime delegates had yielded to the propositions of the Canadian government and given their adhesion to the larger scheme, when they were only authorised in the first instance by their respective legislatures to consider the feasibility of a union of Nova Scotia, New Brunswick, and Prince Edward Island. In New Brunswick Mr. Tilley found himself in a minority as a result of an appeal to the people on the question in 1865, but his successor Mr., afterwards Sir, Albert Smith, minister of marine in the Mackenzie government of 1873-78, was forced to resign a year later on some question purposely raised by Lieutenant-Governor Hamilton Gordon, then very anxious to carry the union before he left the province. A new government was immediately formed by Mr. Peter Mitchell, a very energetic Liberal politician—the first minister of marine in the first Dominion ministry—who had notoriously influenced the lieutenant-governor in his arbitrary action of practically dismissing the Smith cabinet. On an appeal to the people Mr. Mitchell was sustained, and the new legislature gave its approval to the union by a large majority. The opinion then generally prevailed in New Brunswick that a federation was essential to the security of the provinces, then threatened by the Fenians, and would strengthen the hands of the parent state on the American continent. In Nova Scotia the situation was aggravated by the fact that the opposition was led by Mr. Howe, who had always been the idol of a large party in the country, and an earnest and consistent supporter of the right of the people to be first consulted on every measure immediately affecting their interests. He succeeded in creating a powerful sentiment against the terms of the measure—especially the financial conditions—and it was not possible during 1865 to carry it in the legislature. It was not attempted to submit the question to the polls, as was done in New Brunswick, indeed such a course would have been fatal to its progress; but it was eventually sanctioned by a large vote of the two houses. A strong influence was exerted by the fact that confederation was approved by the imperial government, which sent out Sir Fenwick Williams of Kars as lieutenant-governor with special instructions that, both Canada and New Brunswick having given their consent, it was proposed to make such changes in the financial terms as would be more favourable to the maritime provinces. In Prince Edward Island and Newfoundland it was not possible for the advocates of federation to move successfully in the matter. The opposition to the scheme of union, as proposed at Quebec, was so bitter in these two provinces that the delegates found it useless to press the matter in their legislatures.

In the meantime, while confederation was on the eve of accomplishment, the people of Canada were subjected to an attack which supplied the strongest possible evidence of the necessity for a union enabling them to combine for purposes of general defence as well as other matters of national importance. In the month of April, 1866, the Fenians, an Irish organisation in the United States, made an insignificant demonstration on the New Brunswick frontier, which had no other effect than to excite the loyal action of the people of the province and strengthen the hands of the advocates of confederation. In the beginning of June a considerable body of the same order, under the command of one O'Neil, crossed from Buffalo into the Niagara district of Upper Canada and won a temporary success near Ridgeway, where the Queen's Own, a body of Toronto Volunteers, chiefly students and other young men, were badly handled by Colonel Booker. Subsequently Colonel Dennis and a small detachment of militia were surprised at Fort Erie by O'Neil. The knowledge that a large force of regulars and volunteers were marching against him under Colonel Peacock forced O'Neil and his men to disperse and find their way back to the United States, where a number were arrested by the orders of the Washington government. The Eastern Townships of Lower Canada were also invaded but the raiders retreated before a Canadian force with greater rapidity than they had shown in entering the province, and found themselves prisoners as soon as they crossed the frontier. Canada was kept in a state of anxiety for some months after these reckless invasions of a country where the Irish like all other nationalities have always had the greatest possible freedom; but the vigilance of the authorities and the readiness of the people of Canada to defend their soil prevented any more hostile demonstrations from the United States. The prisoners taken in the Niagara district were treated with a degree of clemency which their shameless conduct did not merit from an outraged people. No persons were ever executed, though a number were confined for a while in Kingston penitentiary. The invasion had the effect of stimulating the patriotism of the Canadian people to an extraordinary degree, and of showing them the necessity that existed for improving their home forces, whose organisation and equipment proved sadly defective during the invasion.

In the summer of 1866 the Canadian legislature met for the last time under the provisions of the Union Act of 1840, and passed addresses to the Queen, setting forth constitutions for the new provinces of Upper and Lower Canada, afterwards incorporated in the imperial act of union. A conference of delegates from the provinces of Nova Scotia, New Brunswick, and Canada was held in the December of 1866 at the Westminster Palace Hotel in the City of London. The members on behalf of Canada were Messrs Macdonald, Cartier, Galt, McDougall, Langevin, and W.P. Howland (in the place of Mr. Brown); on behalf of Nova Scotia, Messrs Tupper, Henry, McCully, Archibald, and J.W. Ritchie (who took Mr. Dickey's place); of New Brunswick, Messrs Tilley, Johnson, Mitchell, Fisher, and R.D. Wilmot. The last named, who took the place of Mr. Steeves, was a Loyalist by descent, and afterwards became speaker of the senate and a lieutenant-governor of his native province. Their deliberations led to some changes in the financial provisions of the Quebec plan, made with the view of satisfying the opposition as far as possible in the maritime provinces but without disturbing the fundamental basis to which Canada had already pledged itself in the legislative session of 1865. All the difficulties being now removed the Earl of Carnarvon, then secretary of state for the colonies, submitted to the house of lords on the 17th of February, 1867, a bill intituled, "An act for the union of Canada, Nova Scotia, and New Brunswick, and the government thereof; and for purposes connected therewith." It passed the two houses with very little discussion, and the royal assent was given to it on the 29th of March of the same year as "The British North America Act, 1867." It is interesting to know that in the original draft of the bill the united provinces were called the "Kingdom of Canada," but when it came eventually before parliament they were designated as the "Dominion of Canada"; and the writer had it from Sir John Macdonald himself that this amendment did not emanate from the colonial delegates but from the imperial ministry, one of whose members was afraid of wounding the susceptibilities of United States statesmen.

During the same session the imperial parliament passed a bill to guarantee a loan of three million pounds sterling for the construction of an intercolonial railway between Quebec and the coast of the maritime provinces—a work recognised as indispensable to the success of the new federation. Her Majesty's proclamation, giving effect to the Union Act, was issued on the 22nd May, 1867, declaring that "on and after the first of July, 1867, the provinces of Canada, Nova Scotia, and New Brunswick, shall form and be one Dominion, under the name of Canada."



CHAPTER IX.

CONFEDERATION. 1867—1900.

SECTION I—The first parliament of the Dominion of Canada. 1867—1872.

The Dominion of Canada took its place among the federal states of the world on the first of July, 1867. Upper and Lower Canada now became known as Ontario and Quebec, while Nova Scotia and New Brunswick retained their original historic names. The first governor-general was Viscount Monk, who had been head of the executive government of Canada throughout all the stages of confederation. He was an Irish nobleman, who had been a junior lord of the treasury in Lord Palmerston's government. He was a collateral descendant of the famous general of the commonwealth, created Duke of Albemarle after the Restoration. Without being a man of remarkable ability he was gifted with much discretion, and gave all the weight of his influence to bring about a federation, whose great benefits from an imperial as well as a colonial point of view he fully recognised.

The prime minister of the first federal government was naturally Sir John Macdonald, who chose as his colleagues Sir George E. Cartier, Sir S.L. Tilley,—to give them all their later titles—Sir A.T. Galt, Sir W.P. Howland, Mr. William McDougall, Mr. P. Mitchell, Sir A.G. Archibald, Mr. A.F. Blair, Sir A. Campbell, Sir H.L. Langevin, Sir E. Kenny, and Mr. J.C. Chapais. Mr. Brown had retired from the coalition government of 1864 some months before the union, nominally on a disagreement with his colleagues as to the best mode of conducting negotiations for a new reciprocity treaty with the United States. The ministry had appointed delegates to confer with the Washington government on the subject, but, while Mr. Brown recognised the desirability of reciprocal trade relations with the United States on equitable conditions, he did not deem it expedient to appear before American statesmen "as suitors for any terms they might be pleased to grant." A general impression, however, prevailed that this difference of opinion was not the real reason of Mr. Brown's resignation, but that the animating motive was his intense jealousy of Sir John Macdonald, whose dominant influence in the government he could no longer brook.