THE 
 
 **^-«'^ 
 
 
 confedeeaMon 
 
 OW THE 
 
 BEITISH NORIH AlEEICM PROYINCES. 
 
 |nr THE RIGHT HON. THE 
 
 EARt OF CARNARVON. 
 
 A SPEECH DELIVERED IN THE HOUSE OF LORDS ON MOVING 
 THE SECOND READING OF THE BILL, 19th FEB., 1867. 
 
 LONDON: 
 r JOHN MURRAY, ALBEMARLE STREEll 
 
 1867. 
 
 J 
 

 PHISTK> »r WILLtAM CUtVtta AND iOXS. DCKK STBEST, 8TA1II0BD STRIIT, 
 AMD UUABtNO ClOag. 
 
SPEECH 
 
 ON THE 
 
 CONFEDERATION OF THE BRITISH NORTH 
 AMERICAN PROVINCES. 
 
 In laying before your Lordships the details of one of the 
 largest and most important measures which for many years it 
 has been the duty of any Colonial Minister in this country to 
 submit to Parliament, I n^ust unaffectedly ask for the forbear- 
 ance of the House. 1 have, however, this advantage in the 
 performance of my task, that the present measure is not a 
 question of political controversy, and that I may count almost as 
 much upon the sympathy of many noble Lords opposite in the 
 purposes of this great undertaking as upon those of my noble 
 fiiends on this side of the House with whom I am in the habit 
 of acting. And here, in the very outset, I would wish to bear 
 m' testimony — whatever it may be worth — to the ability and 
 patience with which my Right Hon. predecessor in the Colonial 
 Office, Mr. Cardwell, laboured to effect the consummation of 
 this work. From the evidences, indeed, which I have seen in 
 that office of the interest that he took in tliis question, I am 
 confident, although it has fallen to my lot rather than his 
 to submit this measure to Parliament, yet that there is no one 
 in either House who will more sincerely rejoice in its success 
 than the Right Hon. Gentleman. 
 
 My Lords, I will not detain your Lordships now by any 
 lengthy recapitulation of the early history of this question. It 
 is enough to say that, in one form or another, it has for many 
 years been before the public mind in the British Provinces of 
 North America. Lord Durham, when he proposed in his most 
 able Report the legislative union of Upper and Lower Canada, 
 distinctly contemplated the incorporation of the Maritime Pro- 
 vinces. But delays and difficulties intervened, and Lord Dur- 
 ham's intentions were never carried out. In 1858, however, 
 Sir E. Head, then Governor-General of Canada, in his speech 
 
 B 2 
 
4 SPEECH ON THE CONFEDERATION OF THE 
 
 from the throne announced the policy of confederation to the 
 Canadian Parliament ; and in the autumn of that year, when 
 my noble friend (Lord Derby) was in oflSce, delegates from that 
 province came to this country to consult with Her Majesty's 
 Government upon the subject. But matters were not then ripe, 
 and it was not till 18G4 that the first decided step was taken in 
 furtherance of the proposal. In September of that year dele- 
 gates from all the maritime provinces, including Newfoundland 
 and Prince Edward's Island, were assembled at Charlotteville to 
 discuss the terms of a possible union of those provinces alone ; 
 when the Canadian Parliament intervened and gave to the 
 design a grander character by deputing representatives to 
 propose the confederation of all the British North American 
 Colonies. The conference of Charlotteville was adjourned to 
 Quebec, and there, in the month of October, those resolutions 
 were drawn up which have since become famous under the 
 name of the Quebec Resolutions, and which, with some slight 
 changes, form the basis of the mtasure that I have now the 
 honour to «!ubmit to Parliament. 
 
 To those resolutions all the British Provinces in North 
 America were, as I have said, consenting parties, and the Plea- 
 sure founded upon them must be accepted as a treaty of union. 
 Since then, Newfoundland and Prince Edward's Island have with- 
 drawn from the union ; and this Bill embraces only the provinces 
 of Upper and Lower Canada, of Nova Scotia, and New Brunswick. 
 The time, indeed, will come before long, I cannot doubt, when 
 Newfoundland and Prince Edward's Island will gravitate towards 
 the common centre of this confederation. Every consideration 
 of policy and interest will lead them towards this conclusion. 
 The time also is not distant when the broad and fertile districts 
 to the west of Caoada, now under the rule of a trading Com- 
 pany, will form part of the confederation — perhaps it is not very 
 far distant when even British Columbia and Vancouver's Island 
 may be incorporated, and one single system of English law and 
 commerce and policy extend from the Atlantic to the Pacific. 
 Meanwhile let no one think lightly of the present proposed 
 union, curtailed though it be of its original proportions. It will 
 in area comprise some 400,000 square miles, or more than four 
 times the size of England and Scotland: it will in population 
 contain about 4,000,000 souls, of whom 650,000 \/fci3, at the 
 last census of 1861, men between 20 and 60 years of age, 
 
BRITISH NORTH AMERICAN PROVINCES. 6 
 
 capable of bearing arms in defence of iheir country; and in 
 revenue it possesses some 3,000,000/. 
 
 The Bill opens by reciting the desire of the several provinces 
 to be federally united. It proceeds to invest the Crown with 
 all executive powers by land and sea, for civil administration, 
 and military defence. It proceeds to provide for the appoint- 
 ment of a Governor-General — an oflScer charged with the duty 
 of protecting imperial interests, named by and responsible to 
 the Crown. He will constitute the chief, if not the only, direct 
 link by which the united provinces will be connected with this 
 country. His position will be one of dignity and station, equal 
 in all ways to its imperial importance, and a salary of 10,000?. 
 is by a clause in this Bill made a permanent third charge 
 upon the general revenues. 
 
 It is the desire of the P-ovinces to retain their separate and 
 individual organization, and they will therefore be severally 
 administered by Lieutenant-Governors. At present these officers 
 are appointed by the Crown ; but henceforward they will receive 
 their offices at the hands of the Governor-General, acting under 
 the advice of his Ministers. They will hold office during plea- 
 sure, though they will be subject to removal only on cause being 
 shown, and under ordinary circumstances the term of their 
 administration will be limited to five years. 
 
 I ccrue now to the Legislature which it is proposed to create 
 under this Bill. It is twofold — a Central Parliament and Local 
 Legislatures in each province. I wiU deal with the Central Par- 
 liament first. It will be composed of two chambers — an upper 
 chamber to be styled the Senate, and a lower chamber, to be 
 termed, in affectionate remembrance of some of the best and 
 noblest traditions of English history, the House of Commons. 
 
 Of all problems to be solved in the creation of a Colonial 
 Constitution, none is more difficult than the composition of an 
 Upper House. This House is generally assumed to be the model 
 — it would probably be hard to find a worthier or higher model 
 — and men labour to reproduce the English House of Lords 
 amongst English cok ''sts, animated, it is true, by English in- 
 stincts and feelings, bu. placed under social conditions which are 
 wholly different. The materials for such a house are absolutely 
 wanting in the colonies. The hereditary title to legislate, the 
 great wealth, the large territorial property, the immemorial 
 prescription, and the respect which has been for generations 
 
6 SPKECH ON THE CONFEDERATION OF THE 
 
 freely accorded to this ancient institution, have no place in the 
 ideas of a young community. To attempt therefore a close and 
 minute imitation of the English House of Lords is, I think, to 
 court failure. There are, in my opinion, two broad principles to 
 be kept in view in the creation of a Colonial Chamber : — ^first, 
 that it should be strong enough to maintain its own opinion and to 
 resist the sudden gusts of popular feeling ; secondly, that it should 
 not be so strong that it should be impenetrable to public senti- 
 ment, and therefore out of harmony with the other branch of 
 the legislature. These are conditions diflBcult under the most 
 favourable circumstances to secure; but they are complicated 
 in this instance by a third, which has been made a fundamental 
 principle of the measure by the several contracting parties, and 
 the object of which is to provide for a permanent repre- 
 sentation and protection of sectional interests. I will briefly 
 explain how far these three considerations appear to me to 
 have been met in this bill. The Senate will consist of seventy- 
 two members — the four provinces being for this purpose 
 divided into three sections, of which Upper Canada will be one 
 Lower Canada one, and the Maritime Provinces one. From each 
 of these three sections an equal number of twenty-four members 
 will be returned. They will be nominated by the Governor- 
 General in Council for life. But as it is obvious that the 
 principle of life nomination, combined with a fixed number of 
 members, might render a difference of opinion between the two 
 Houses a question almost insoluble under many years, and 
 might bring about what is popularly known as a legislative 
 dead-lock, a power is conferred upon the Crown — a power I 
 need not say that would only be exercised under exceptional 
 and very grave circumstances — to add six members to the 
 Senate, subject to a restriction that those six members shall 
 be taken equally from the three sections, so as ia no way to 
 disturb thoir relative strength, and that the next vacaticies shall 
 not be filled up until the Senate is reduced to its normal 
 number. It may perhaps be said that the addition of six 
 members will be insufficient to obviate the legislative discord 
 against which we desire to provide. I am free to confess that I 
 could have wished that the margin had been broader. At the 
 same time the average vacancies which have of recent years 
 occuiTed in the nominated portion of the present Legislative 
 Council of Canada, go far to show that even in the ordinary 
 
■ BRITISH NORTH AMERICAN PROVINCES. 7 
 
 course of events the succession of members will be rapid. I have 
 received on this subject a return which will be interesting. In 
 1856, forty-two members answered to the call of the House, in 
 1858 there were but thirty-five, and in 1862 only twenty-five. 
 Thus in six years no less than seventeen vacancies had occurred, 
 showing an average of nearly three every year. When there- 
 fore a power on the part of the Crown to create six additional 
 members is supplemented by so large and so regular a change in 
 the constitution of the Senate, it may be hoped that enough is 
 done to maintain the legislative harmony of the two Houses. 
 
 Your Lordships will observe that by the 25th clause security 
 is given that the first list of Senators shall not be nominated 
 under partisan influences. Their names will be a matter of 
 careful agreement, to be submitted to and confirmed by the 
 Crown, and to form part of the Proclamation of Union. The 
 qualifications which are annexed to the office of Senator are not 
 numerous, but they are important. He is to be of thirty years 
 of age — and probably the average age will considerably exceed 
 this — he must be a subject of Her Majesty — he must have a 
 continuous real property qualification of 4000 dollars over and 
 above all debts and liabilities, and a continuous residence in the 
 province which he represents. On the other hand, he will 
 become subject to disqualification if he fails in his attendance 
 for two consecutive sessions, if he takes an oath of allegiance to 
 any foreign Power, if he is insolvent or convicted of crime, or if 
 he ceases to be qualified in respect either of his property or 
 his residence in his province. There are some further details of 
 procedure which are provided for, but which only need a general 
 mention. The Speaker will be nominated by the Governor- 
 General on the part of the Crown, a quorum of fifteen will be 
 required, and whenever the members present are equally divided, 
 the presumption — in imitation of the rule of this House — will 
 be for the negative. 
 
 J noAf come to the constitution of the House of Commons. 
 The principle upon which the Senate is constructed is, as I have 
 explained, the representation and the protection of sectional 
 interests. The principle upon which the House of Commons 
 is fouiided is that of a representation in accordance with popula- 
 tion. It will rot be indeed a representation of mere numb'irs 
 distributed equally in electoral districts; but whilst popula- 
 tion is made the basis of representation, each province will have 
 
8 SPEECH ON THE CONFEDERATION OF THE 
 
 its own number of representatives in proportion to their own 
 population, and in proportion also to the ^wpulation and repre- 
 sentatives conjoined of their neighbours. Unlike other popular 
 Assemblies, the Canadian House of Commons will be a variable 
 number ; but it will vary by reference to a particular standard. 
 That standard will be given by Lower Canada, which is to 
 retain its present quota of sixty-five members, and will in fact 
 be the proportion which those sixty-five members bear to 
 the population of the province. If Lower Canada, with a 
 population of l,luO,OUO, has sixty-five members. Upper Canada, 
 with a population of nearly 1,500,000, will have eighty-two 
 members. It may indeed happen that an increase of the total 
 numbers of the House may become necessary. Power is re- 
 served for this contingency ; but in such case the increase will 
 be regulated in all the other provinces by reference to the 
 number of members representing Lower Canada, and by the 
 proportion between those members and tlie population in that 
 province. But as the representation of population wlII be based 
 upon the census, there will be a decennial readjustment of it. 
 And this leads me to observe that the Parliaments of British 
 North America will be quinquennial. That decision was not, I 
 believe, adopted without some debate. On the one side there 
 was the precedent of the English Constitution : on tlie other, 
 there was the example of the recent New Zealand Constitution, 
 and the fact that the average duration of British Parliaments 
 can hardly in recent times be said to exceed five years. Of the 
 twenty-one Parliaments from the accession of George I. to that 
 of William IV., comprising a period of 115 years, the average 
 duration was under five years and a half; and of the ten Parlia- 
 ments from the accession of William IV. to 1865, comprising a 
 period of thirty-five years, the average duration has been three 
 years and a half. Whilst in the last century no less than seven 
 Parliaments attained the term of six years, in the present only 
 two Parliaments have had so protracted an existence. 
 
 The Local Legislatures to be establish sd in each province 
 stand next in order ; and my task here is easy, for whilst the pro- 
 visions regulating the constitution of the Central Parliament are 
 in the nature of permanent enactments, those which govern the 
 Local Legislatures will be subject to amendment by those bodies. 
 This portion therefore of the Bill is intended to provide the tem- 
 porary machinery by which each province will be enabled to enter 
 
BRITISH NORTH AMERICAN PROVINCES. |> 
 
 upon its new life and political duties. I ought, however, to observe 
 that in Nova Scotia and New Brunswick no material change will 
 take place. The existing Parliaments in those provinces become 
 the Provincial Legislatures, with their constitutions, their consti- 
 tuencies, and their local machinery unaltered. In Canada, the 
 division of the province has necessitated the creation of two 
 Legislatures; but the clauses that provide for them are little 
 more than a transcript of a vote agreed to by the Canadian Par- 
 liament in their last Session, in anticipation of this adjustment. 
 In Lower Canada there will be a Legislative Council, of which 
 the members will be nominated for life, and an Assembly : in 
 Upper Canada there will be but one Chamber for the manage- 
 ment of local business. 
 
 My Lords, I now pass to that which is perhaps the most deli- 
 cate and the most important part of this measure — the distribu- 
 tion of powers between the Central Parliament and the local 
 authorities. In this is, I think, comprised the main theory and 
 constitution of Federal Government ; on this depends the prac- 
 tical working of the now system. And here we navigate a sea 
 of difficulties. There are rocks on the right hand and on the 
 left. If, on the one hand, the Central Government be too strong, 
 then there is risk that it may absorb the local action and that 
 wholesome self-government by the provincial bodies, which it is 
 a matter both of good faith and political expediency to maintain : 
 if, on the other hand, the Central Government is not strong 
 enough, then arises a conflict of state rights and pretensions, 
 cohesion is destroyed, and the effective vigour of the central 
 authority is encroached upon. The real object which we have 
 in view is to give to the Central Government those high func- 
 tions and almost sovereign powers by which general principles 
 and uniformity of legislation may be secured in those ques- 
 tions that are of common import to all the provinces ; and at 
 the same time to retain for each province so ample a measure of 
 municipal liberty and self-government as will allow and indeed 
 compel them to exercise those local powers which they can exer- 
 cise with great advantage to the community. In Australia there is 
 at present a tendency towards the disintegration of the vast terri- 
 tories which are called colonies, because those who live at great 
 distances on their extreme borders complain that they cannot 
 obtain from the central Parliaments the attention which they 
 require. In New Zealand, on the other hand, an attempt— and 
 
 B 3 
 
10 SPEECH ON THE CONFEDERATION OF THE 
 
 not without success — ^has been made to combine considerable 
 local powers with a general Government at the centre. 
 
 In this Bill the division of powers has been mainly effected 
 by a distinct classification. That classification is fourfold. 1st, 
 those subjects of legislation which are attributed to the Central 
 Parliament exclusively ; 2nd, those which belong to the Pro- 
 vincial Legislatures exclusively ; 3rd, those which are subjects of 
 concurrent legislation; and 4th, a particular question which is 
 dealt with exceptionally. To the Central Parliament belong all 
 questions of the public debt or property, all regulations with 
 regard to trade or commerce, customs and excise, loans, the 
 raising of revenue by any mode or system of taxation, all pro- 
 visions as to currency, coinage, banking, postal arrangements, 
 the regulation of the census, and the issue and collection of sta- 
 tistics. To the Central Parliament will also be assigned the 
 enactment of criminal law. The administration of it indeed 
 is vested in the local authorities ; but the power of general legis- 
 lation is very properly reserved for the Certral Parliament. 
 And in this I cannot but note a wise departure from the system 
 pursued in the United States, where each state is competent to 
 deal as it pleases with its criminal code, and where an offence 
 may be visited with one penalty in the State of New York, and 
 with another in the State of Virginia. The system here pro- 
 posed is, I believe, a better and safer one ; and I trust that before 
 very long the criminal law of the four provinces may be assimi- 
 lated — and assimilated, I will add, upon the basis of English 
 procedure. Lastly, the fisheries, the navigation and shipping, 
 the quarantine regulations, the lighting of the coast, and the 
 general question of naval and military defence, will be placed 
 under the exclusive control of the Central Government. 
 
 The principal subjects reserved to the Local Legislatures are 
 the sale and management of the public lands, the control of 
 their hospitals, asylums, charitable and municipal institutions, 
 and the raising of money by means of direct taxation. The 
 several provinces, which are now free to raise a revenue as 
 they may think fit, surrender to the Central Parliament all 
 powers under this head except that of direct taxation. Lautly, 
 and in conformity with ail recent colonial legislation, the 
 Provincial Legislatures are empowered to amend their own 
 constitutions. 
 
 But there is, as I have said, a concurrent ix)wer of legislation 
 
 
BRITISH NORTH AMERICAN PROVINCES. U 
 
 to be exercised by the Central and the Local Parliaments. It 
 extends over three separate subjects — ^immigration, agriculture, 
 public works. Of these the two first will in most cases probably be 
 treated by the provincial authorities. They are subjects which 
 in their ordinary character are local ; but it is possible that they 
 may have, under the changing circumstances of a yoimg country, 
 a more general bearing, and therefore a discretionary power 
 of interference is wisely reserved to the Central Parliament. 
 Public works fa^^ into two classes : First, those which are purely 
 local, such as roa '^ and bridges, and municipal buildings — and 
 these belong not only as a matter of right, but also as a* matter 
 of duty, to the local authorities. Secondly, there are public 
 works which, though possibly situated in a single province, such 
 as telegrapiis. and canals, and railways, are yet of common import 
 and value to the entire Confederation, and over these it is clearly 
 right that the Central Government should exercise a controlling 
 authority. 
 
 Lastly, in the 93rd clause, which contains the exceptional 
 provisions to which I referred, your Lordships will observe 
 some rather complicated arrangements in reference to edu- 
 cation. I need hardly say that that great question gives rise 
 to nearly as much earnestness and division of opinion on that 
 as on this side of the Atlantic This clause has been framed 
 after long and anxious controversy, in which all parties have 
 been represented, and on conditions to which all have given their 
 consent. It is an understanding which, as it only concerns the 
 local interests affected, is not one that Parliament would be 
 willing to disturb, even if in the opinion of Parliament it were 
 susceptible of amendment ; but I am bound to add, as the expres- 
 sion of my own opinion, that the terms of the agreement appear 
 to me to be equitable and judicious. For the object of the clause 
 is to secure to the religious minority of one province the same 
 rights, privileges, and protection, which the religious minority of 
 another province may enjoy. The Eoman Catholic minority of 
 Upper Canada, the Protestant minority of Lower Canada, and the 
 Roman Catholic minority of the Maritime Provinces, will thus 
 stand on a footing of entire equality. But in the event of any 
 wrong at the hand of the local majority, the minority have a 
 right of appeal to the Governor-General in Council, and may 
 claim the application of any remedial laws that may be neces- 
 sary from the Central Parliament of the Confederation. 
 
12 SPEECH ON THE CONFEDERATION OP THE 
 
 In closing my observations upon the distribution of powers, I 
 ought to point out that just as the authority of the Central Par- 
 liament will prevail whenever it may come int-o conflict with the 
 Local Legislatures, so the residue of legislation, if any, unprovided 
 for in the specific classification which I have explained, will 
 belong to the central body. It will be seen, under the 91st 
 clause, that the classification is not iutended "to restrict the 
 generality " of the powers previously given to the Central Par- 
 liament, and that those powers extend to all laws made " for 
 the peape, order, and good government " of the Confederation — 
 terms which, according to all precedent, will, I understand, carry 
 with them an ample measure of legislative authority. I will 
 add, that whilst all general Acts will follow the usual con- 
 ditions of colonial legislation, and will be confirmed, disallowed, 
 or reserved for Her Majesty's pleasure by the Governor-General, 
 the Acts passed by the Local Legislature will be transmitted 
 only to the Governor-General, and be subject to disallowance by 
 him within the space of one twelvemonth. 
 
 Clauses 102-126 regulate the conditions, pecuniary and com- 
 mercial, upon which -the provinces enter into union. They are 
 so entirely matter of local detail and agreement, that I need not 
 weary the House with any minute statement of them. It is 
 enough to say that under them a consolidated fund is created, 
 and that whilst lands and minerals are reserved to the 
 several provinces, the assets, property, debts, and liabilities of 
 each will be transferred to the central body. By this agreement 
 the public creditor who exchanges the security of each separate 
 province for the joint security of the four provinces confederated, 
 will find his position improved rather than deteriorated. As 
 between the provinces, it is proposed that the Local Legislatures 
 should surrender to the Central Parliament all powers of raising 
 revenue except by direct taxation. In return for this concession 
 the Central Government will remit to the Local Legislatures 
 certain fixed sums and a proportionate capitation payment, in 
 order to enable them more conveniently to defray the costs of 
 local administration. The debt of each province has been fixed 
 at a certain sum calculated ; but if in the interval between the 
 present time and the proclamation of Union that debt should he 
 increased, the province so exceeding will pay interest on the 
 excess, and that interest will bo deducted from the quota which 
 they would otherwise receive from the central authority. 
 
BRITISH NORTH AMERICAN PROVINCES. 13 
 
 In the same category must be placed the 145th clause, which 
 makes it the duty of the Central Parliament end Government to 
 provide for the commencement of the Intercolonial Railway 
 within six months of the union. Such an undertaking was part 
 of the compact between the several provinces, and it was an 
 indispensable condition on the part of New Brunswick. Succes- 
 sive Governments at home have entertained the scheme and 
 have pledged themselves to the promise of more or less assist- 
 ance. Meanwhile I will not now enter upon its details, because 
 very shortly a further measure involving the consideration of 
 pecuniary support must come before Parliament. 
 
 There is, indeed, a question of great importance and inti- 
 mately connected with the future fortunes of the confederated 
 provinces, and I may perhaps be asked why it finds no place in 
 this measure. My Lords, I am fully alive to the urgent im- 
 portance of coming to some settlement of the Hudson Bay Com- 
 pany's claims. The progress of American colonization on the 
 West, the confederation of the Provinces on the East, render an 
 early decision necessary. But till this union is completed it 
 would be a waste of time to discuss the relations of the Hudson 
 Bay Company's territories to the Provinces. When once this 
 Bill becomes law, it will be the duty of Her Majesty's Govern- 
 ment not to lose one day unnecessarily in dealing with this 
 great subject. 
 
 Having thus stated the main provisions of this measure, I 
 have only to add the designation of this new State to which we 
 are about to give a distinct life and organisation. It may seem 
 a trifling question ; but it has, in truth, been one neither unim- 
 portant nor free from difliculties. To the representatives of the 
 Maritime Provinces belongs the credit of waiving local rights 
 and pretensions ; and they have felt the advantage of accepting a 
 name not less familiar to the English labourer and artisan than 
 it is distinguished by honourable traditions. Her Majesty has 
 been pleased to express her approval of the name, and henceforth 
 the United Provinces will be known as the " Dominion of 
 Canada " — a designation which is a graceful tribute on the part 
 of colonists to the monarchical principle under which they have 
 lived and prospered, and which they trust to transmit unimpaired 
 to their children's children. Whilst the individual provinces of 
 Nova Scotia and New Brunswick retain their present designa- 
 
14 SPEECH ON THE CONFEDERATION OF THE 
 
 tion, Upper Canada will become the province of Ontario, and 
 Lower Canada the province of Quebec. 
 
 I have now stated the general principles upon which this 
 measure is founded. But to so large a scheme, as might naturally 
 be expected, objections have been made ; and these objections, 
 or some of them, it is my duty to indicate. And first, it has 
 been urged that thig Union should have been a legislative rather 
 than a federal one. I admit to a certain extent the validity of 
 the objection. When Upper and Lower Canada were connected 
 in a legislative Union, Lord Durham distinctly contemplated a 
 similar incorporation of the Maritime Provinces. Nor are there 
 wanting to this opinion many of the ablest of Canadian states- 
 men. But the answer is simply this — that a legislative Union 
 is, under existing circumstances, impracticable. The Maritime 
 Provinces are ill-disposed to surrender their separate life, and to 
 merge their individuality in the political organisation of the 
 general body. It is in their case impossible, even if it were de- 
 f irable, by a stroke of the pen to bring about a complete assimi- 
 laticn of their institutions to those of their neighbours. Lower 
 Canada, too, is jealous, as she is deservedly proud, of her ancestral 
 customs and traditions ; she is wedded to her peculiar institu- 
 tions, and will enter this Union only upon the distinct under- 
 standing that she retains them. The 42nd article of the Treaty 
 of Capitulation in 1760, when Canada was ceded by the Marquis 
 de Yaudreuil to General Amherst, runs thus : " Les Fran9ois et 
 Canadiens continueront d'etre gouvemes suivant la Coutume de 
 Paris et les loix et usages etablis pour ce pays." The Coutume 
 de Paris is still the accepted basis of their Civil Code, and their 
 national institutions have been alike respected by their fellow- 
 subjects and cherisued by themselves. And it is with these 
 feelings and on these terms that Lower Canada now consents to 
 enter this Confederation. 
 
 But it has been objected that this union of provinces will 
 be a kingdom, not a confederation, and that being an embodi- 
 ment of the monarchical principle, it will constitute a challenge 
 to our powerful republican neighbour across the border. Now I 
 am at a loss to understand how these provinces, when united, can 
 be one whit more or whit less of a kingdom than when separate. 
 There will be, with some few modifications, the same institutions, 
 the same forms of government, and even the same men to give 
 
BRITISH NORTH AMERICAN PROVINCES. 16 
 
 life and movement to them. It is but a development of tlie ex- 
 isting system. But whilst it is attacked by one critic as too 
 monarchical in its character, it is assailed by another as too re- 
 publican, and we are warned that it must ere long on American 
 soil become a republic, and lead to the dismemberment of the 
 empire. Now I do not see special cause for apprehension from 
 republican any more than from monarchical dangers; but I 
 must submit that at all events the two allegations are fatally 
 inconsistent with each other. 
 
 Again, it has been said that this great scheme owes its origin 
 to the lust of territorial dominion on the part of one state, and 
 that it is solely referable to i,he over-weening ambition of Canada 
 to exercise a supremacy over her sister provinces. For this alle- 
 gation I cannot see the smallest groundwork of ai^;ument ; and, 
 looking to the past history and the ordinary probabilities of 
 these colonies, I can conceive nothing more unlikely than a 
 combination of Upper and Lower Canada as against the Mari- 
 time Provinces. If, indeed, any one of these provinces has a 
 reasonable ground for apprension, it is Lower Canada with its 
 distinct race and language and institutions, rather than Nova 
 Scotia and New Brunswick, which are in all essentials so akin to 
 the great and populous province of Upper Canada. But whilst 
 this large scheme of union has been attributed to the desire 
 of political supremacy on the part of Canada, it is in the same 
 breath referred to the irreconcilable differences which are sup- 
 posed to have divided Upper and Lower Canada. I believe, 
 for my own part, that those differences have been greatly exag- 
 gerated ; but anyhow it is clear that the two objections cannot 
 both be correct. They destroy each other. And this, indeed, 
 I may observe, is the case with several other objections that 
 have been urged ; as when, in England, we are told that the 
 object of this scheme is the imposition of fresh burdens upon the 
 mother-country, and, in America, that its object will be the 
 imposition of pecuniary charges upon the Maritime Provincea 
 
 My Lords, I must not pass over another and a plausible 
 objection to the policy of this measure. It is said that, whilst 
 the commercial policy of Canada has been of f. Protectionist, 
 that of the Maritime Provinces has been of a more Liberal 
 character; and it is further argued that, when once the 
 union of those provinces shall be accomplished, the restrictive 
 system of Canada will become uniform, and that we shall find 
 
16 SPEECH ON THE CONFEDERATION OF THE 
 
 ourselves excluded from the comparatively free markets which 
 we have hitherto enjoyed. A Canadiau would probably reply to 
 this that the high tariff of Canada has been due to the necessities 
 of the revenue rather than to a desire to foster her own industry. 
 Of this we can be no judge ; we can only accept the facts as we 
 find them ; but on those facts there is, as I think, an answer 
 worthy of the attention of this House. Whatever may have 
 formerly been the case, it is now unfair to draw a strong distinc- 
 tion between the commercial policies of Canada and of the Lower 
 Provinces. Canada is by no means unanimous in her desire for 
 Protectionist measures. On the contrary, the Canadian tariflf has 
 recently been brought into far greater harmony with that of thi^ 
 country. I understand that the duties on all manufactured 
 articles — such as cottons, woollens, and leather — ^have been re- 
 duced in some cases from 25, but in all from 20 to 15 per cent. 
 Partially manufactured articles — such as bar-iron, tin, &c., which 
 were formerly charged with a 10 per cent, duty — ^now come in 
 free ; and lastly, all raw materials are exempt from duty. On 
 the other hand, the reductions in the revenue due to these 
 changes have been made good by stamps, by an increase of the 
 excise, and by duties on tea, sugar, and wines. Of these I may 
 mention that the duty on tea is 4^d. per lb., and therefore very 
 close upon that which exists here ; that as regards sugar, they 
 have adopted the same duties and the same system ; whilst iu 
 the case of wines they have followed the same system, with this 
 difference — that their duties are 60 per cent, lower than our 
 own. Such, indeed, has been the reduction effected, that the 
 Canadian tariff, whilst still considerably in excess of the Nova 
 Scotian, is less than that of New Brunswick. And, therefore, 
 we have some right to hope that a Free-trade rather than a 
 Protectionist policy will be the result of the union of Canada 
 with the Lower Provinces. But if even it were otherwise, I 
 could never ask this House to bargain with Canada, and to 
 withhold its consent to a measure on wliich the hearts of our 
 colonists and fellow-subjects are set, until they had adjusted their 
 tariff to our liking. We must rather trust to time and the pre- 
 vailing strength of our own commercial principles to induce the 
 Provinces to adopt that view which is most consistent with our 
 policy, and, as I believe, with their interests. I do not doubt 
 what their choice will be ; for, apart from other considerations, 
 so long as the United States think it desirable to hem them- 
 
BRITISH NORTH AMERICAN PROVINCES. 17 
 
 selves in with the bounties and restrictions of a jealously pro- 
 tective system, so long it will be the obvious interest of British 
 North America to open her ports to the free entrance of 
 commerce. 
 
 I have now come to the last, but also the gravest, objection 
 which has been raised. It is an objection which I cannot indeed 
 admit, but to which I will endeavour to do justice. It is repre- 
 sented that this measure, which purports to rest upon the free 
 consent of the various contracting parties, is distasteful to a large 
 portion, if not a majority, of the inhabitants of Nova Scotia. 
 My Lords, it has been the duty of Her Majesty's Government to 
 weigh seriously the value of this objection. I am told that a 
 petition will be presented in the House of Commons ; but none 
 has been laid, or, as far as I know, will be laid, on the table of this 
 House, There are, however, ^j^titions against this union, which 
 will be found in the recent papei^ that have been presented to 
 Parliament. They are often drawn ip with considerable ability ; 
 but they bear the mark, I think, o;' a single hand, and, though 
 they profess to emanate from public meetings in the diflferent 
 counties of Nova Scotia, they are — I believe, with one exception 
 — signed by the Chairman alone, and give no evidence of the 
 number or the class of the petitioners. As i?gainst this, we have 
 to consider, first, that both Upper and Lower Canada have — I 
 may almost my unanimously — expressed their cGnc"vrcuce in 
 the proposed Confederation ; and that New Brunswick has given 
 in her formal adhesion. And what as to Nova Scotia? Why, 
 in 1861, tne Assembly of that province agreed to a resolution 
 in favour of Confederation in general terms, and that resolu- 
 tion was transmitted to the Home Government. In 1863 the 
 Nova Scotian J legislature was dissolved, and the Parliament 
 then returned is still in existence. That Parliament, last sum- 
 mer, ag»eed to a vote in favour of Confederation in moat 
 definite and yet comprehensive terms, empowering the delegates 
 now in this country to negotiate with Her Majesty's Government 
 the conditions of Union. My Lords, I do not see how it is pos- 
 sible to look behind that vote, and what better guarantee we 
 can have of the real feelings of the people of Nova Scotia. I 
 cannot, after this, consent to enter upon a discussion of the 
 motives or policy of thi? or that Colonial Minister. We have 
 not the materials for forming a judgment ; we can only accept 
 the deliberate and formal opinion of the Legislature as the tx- 
 
18 SPEECH ON THE CONFEDERATION OP THE 
 
 pression of the public feeling. Nor we the delegates, who are 
 now in England, men selected from any one party in the pro- 
 vince. They represent both the Colonial Government and the 
 Colonial Opposition. But, then, 1 may be told that the oppo- 
 sitioa is not so much to the measure itself as to the time at 
 which it is being passed ; and that the opponents desire that its 
 ratification should be deferred until a new Parliament in Nova 
 Scotia shall have expressed its opinion upon the question. But 
 my answer to this must be, that the present Nova Scotian 
 Parliament is fully competent to deal with the subject. Its 
 members are representatives, not delegates, of the constitu- 
 encies. When, last year, the Legislature of Jamaica voted 
 away the former constitution of the island, Parliament did 
 not hesitate to accept that surrender, and to place the colony 
 under the direct control of the Crown. Neither the people 
 nor the Legislature of Nova Scotia have been taken by surprise. 
 Ever since 1858 the question of a more intimate consolidation 
 of Provincial interests has been before the public mind. The 
 plea for delay is in reality a plea for indefinite postpcnement, and 
 to this I do not believe that Parliament will lend its ear. This 
 measure has been purchased at the cost of great personal and 
 local interests, and if we now remit it — I care not on what 
 pretence — to the further consideration of the province, ve de- 
 liberately invite opposition ; and we may be sure that many 
 years will pass over before another such proposal for Confedera- 
 tion is submitted to Parliament. 
 
 My Lords, these objections come too late, for it is not the 
 question of one, but of four great provinces. If, indeed, we were 
 to wait till every individual in those provinces were agreed, we 
 might wait for ever. To such a scheme as this there must, in 
 the nature of things, be opposition. If ever the union of two 
 countrie" was of public benefit, it was the union of Scotland and 
 England ; and yet when every circumstance of the time called 
 imperatively for that union there were many who hesitated. 
 The calmest and most philosoph'" of modern historians has said 
 that " the measure was so hazardous an experiment that every 
 lover of his country must have consented to it in trembling, or 
 revolted from it in disgust." That union was, nevertheless, 
 accomplished, and so fraught with blessings has it been, that we 
 now wonder that the two nations could so long have remained 
 separate. 
 
BRITISH NORTH AMERICAN PROVINCES. 19 
 
 I have thus stated some of the principal objections which 
 have been urged to this measure, and have briefly indicated the 
 answers to them. Let me now review some of the advantages 
 which may be reasonably anticipated. And first, I hope that 
 this measure may well and eflfectually compose some of those com- 
 plaints which from time to time must arise out of such an union 
 as that which at present subsists between Upper and Lower 
 Canada. It has, for instance, been said, that whilst Upper Canada 
 possesses the largest papulation, she has only an equal voice in 
 the representation of their common interests in the joint Legis- 
 lature. But this inequality vnH be redressed by the principle of 
 representation according to population, upon which the House 
 of Commons is to be constituted. Nor will Upper Canada gain 
 unduly by this arrangement; for whilst her interests will be 
 protected by a representation in accordance with population in 
 the Lower House, the interests of Lower Canada will be guarded 
 by an equality of the sectional votes in the Upper House. 
 Again, it has been said that whilst Upper Canada contributes 
 the larger share of taxation, Lower Canada enjoys more than 
 her just portion of the public expenditure. That allegation, 
 whether well or ill founded, also finds its answer in this Bill. 
 Henceforward, apart from the revenue raised for the common 
 purposes of the Confederation, local taxation and expenditure 
 will depend upon the local authorities. Thus, all those 
 complaints which must arise under the circumstances of such 
 an union as that which now exists — complaints of partiality, 
 of neglect, of mismanagement of roads, bridges, and those public 
 works which are the very life of a young community, must 
 cease. All local works will devolve upon local authorities, 
 who in turn will be reponsible to the tax-payers. This is, 
 indeed, the principle which we recognise in the management 
 of our own county and borough affairs; and if it should be 
 said that Parliament undertakes a wider control in England than 
 is contemplated by this Bill in the confederated provinces, I 
 reply first, that there is a difference in the management of 
 local affairs by a central body between a country which contains 
 100,000 square miles, and one which now- contains 400,000, 
 and may one day contain 3,400,000 square miles ; and, secondly, 
 that the lesson, which the English Parliament affords us in this 
 matter, is a lesson rather of warning than of encouragement. 
 
 These are perhaps negative merits. For the positive advan- 
 
20 SPEECH ON THE CONFEDERATION OF THE 
 
 tages, let any one look at the map and observe how bountifully j 
 Nature has lavished her gifts upon that country. But Nature, | 
 true to her constant rule, does not there shower those gifts upon 
 one part to the exclusion of another. In the eastern districts 
 there are not only coasts indented with harbours and fisheries, 
 which, unless man greatly misuse them, may be called inexhaus- 
 tible, but minerals, gold, and — that which is more precious than 
 gold — rich beds of coal. As the traveller goes westward he finds 
 a country rich in timber, in grain, in iron, lead, and copper, a 
 country well fitted for manufacturing prosperity, and already 
 known for its breed of sheep, and cattle, and horses ; and when 
 he passes the westernmost frontier of Canada, he sees before him 
 fertile plains as yet unsettled, stretching along the valley of the 
 Saskatchewan, up to the roots of the Rocky Mountains. Now these 
 districts, which it may almost be said that Nature designed as 
 one, men have divided into many by artificial lines of separation. 
 The Maritime Provinces need the agricultural products and the 
 manufacturing ?kill of Canada, and Canada needs harbours on 
 the coast and a connexion with the sea. That connexion, indeed, 
 she has during the summer by one of the noblest highways that 
 a nation could desire, the broad stream of the St. Lawrence ; but 
 in winter henceforth she will have it by the Intercolonial Rail- 
 way. At present there is but a scanty interchange of the manu- 
 facturing, mining, and agricultural resources of these several pro- 
 vinces. They stand to each other almost in the relation of 
 foreign states. Hostile custom-houses guard the frontiers, and 
 adverse tariffs choke up the channels of intercolonial trade. 
 There is no uniformity of banking, no common syetem of weights 
 and measures, no identity of postal arrangements. The very 
 currencies differ. In Canada the pound or the dollar are legal 
 tender. In Nova Scotia the I'eruvian, Mexican, Columbian 
 dollars are all legal ; in New Brunswick, British and American 
 coins are recognised by law, though I believe that the shilling 
 is taken at 24 cents, which is less than its value ; in Newfound- 
 land Peruvian, Mexican, Columbian, old Spanish dollars, are all 
 equally legal ; whilst in Prince Edward's Island the complexity 
 of currencies and of their relati>'e value is even greater. Sucli 
 then being the case, I can hardly understand that any one should 
 seriously dispute the advantage of consolidating these different 
 resources, and interests, and incidents of government under one 
 common and manageable .system. 
 
BRITISH NORTH AMERICAN PROVINCES. 21 
 
 But there is y6t another advantage to be gained from that 
 Jnion, to which I must call the attention of the House. The 
 uestion of military defence is a somewhat delicate one on which 
 touch. Military defence supposes war, and war in that part of 
 he world could only be with that great Republic which lies south 
 f our border. Such a war between men of a common race and 
 inguage, and in many respects of common institutions, would be 
 n unnatural and detestable conflict, which would entail upon each 
 ncalculable injuries, and perhaps throw back for years the course 
 f civilisation and human prosperity. It is, however, our duty 
 n dealing with this great question to deal with it fully, and not 
 o evade a consideration so important as that of military defence. 
 We are constantly reminded of the difiBculties of defending the 
 ong frontier of Canada with a distant base of operations. Every 
 •easonable man will admit those difficulties ; nor do I see any 
 )bject in under-rating them. At the same time, we have high and 
 sompetent military authority to warrant us in believing that, 
 ivith proper precautions and with the spirit of courage and loyalty 
 which has animated the Canadian people, the defence of Canada 
 is no insoluble problem. Again, we are told that the proportions 
 of military expenditure are not fairly adjusted between the mother 
 country and Canada. Well, I think that the time has probably 
 come for a reconsideration of those charges ; and to that opinion 
 there are many in Canada who will subscribe. I am confident 
 that Canada desires only that which is reasonable, that which 
 which she may in honour ask, and in honour accept of this 
 country. There has been a good deal of misunderstanding 
 on this subject, and Canada has been supposed to be back- 
 ward in defraying the expenses of her own defence. But 
 out of the 425,000 militia who are on paper, 90,000 have 
 six days' drill in the year ; and, besides these, there are from 
 30,000 to 35,000 volunteers, who have undergone considerable 
 training, and have attained much efficiency. There are drill 
 associations in the various towns ; there have been camps of 
 instruction, and more than 3000 cadets have within the last 
 two years passed an examination by the military authorities, 
 and have received certificates either of the first or second class. 
 I will only add, that whilst the military expenditure in Canada 
 was in 1864 about 300,000 dollars, it was in 1865 nearly 
 900,000 dollars, and in 1866 more than 2,000,000 dollars. By 
 the census of 1861, it was computed that the men between 
 
22 SPEECH ON THK CONFEDERATION OF THE 
 
 the ages of twenty and sixty, supposed to be capable of bearing 
 arms, were, — 
 
 In Upper Canada . . . . 308,000 
 
 „ Lower Canada . . . . 225,000 
 
 „ Nova Scotia .... 67,000 
 
 „ New Brunswick .... 51,000 
 
 651,000 
 
 These are now fixed to their respective provinces, and engaged, 
 as a matter both of duty and sentiment, to the exclusive 
 defence of that province. But, when Confederation is accom- 
 plished, these scattered forces will become one army under the 
 command and, in the event of emergency, at the disposal of one 
 single general. 
 
 But if the advantages of union are great in a military, a com- 
 mercial, a material point of view, they are not, I think, less in the 
 moral and political aspect of the question. When once existing 
 restrictions are removed, and the schools, the law courts, the 
 professions, the industries of these great Provinces are thrown 
 open from one end to another, depend upon it a stimulus greater 
 than any that has ever been known before in British North 
 America will be applied to every form of mental or moral 
 energy. Nor will it be the main body of the people that will 
 alone feel this. The tone of Parliament, the standard of the 
 Government, will necessarily rise. Colonial institutions are 
 framed upon the model of England. But English institutions, 
 as we all know, need to be of a certain size. Public opinion 
 is the basis of Parliamentary life; and the first condition of 
 public opinion is that it should move in no contracted circle. 
 It would not be difficult to show that almost in proportion 
 to its narrowness Colonial Governments have been subject 
 to disturbing influences. But now, independently of the fact 
 that in these confederated provinces tliere will henceforth be 
 a larger material whence an adequate supply of colonial ad- 
 ministrations and colonial oppositions can be drawn, it is not, 
 I think, unreasonable to hope that, just as the sphere of action 
 is enlarged, the vestry element will be discarded, large questions 
 will be discussed with the gravity which belongs to them, men 
 will rise to a full sense of their position as members of a great 
 Parliament, and will transmit their own sense of increased 
 
BRITISH NORTH AMERICAN PROVINCES. 28 
 
 •esponsibility and self-respect through Parliament and the 
 jrovemment to the main body of the people. 
 
 My Lords, I have now touched upon the main features of this 
 neasure. I have only in conclusion to say a few words as to 
 ;he principle upon which it is founded. I know that objections 
 ire sometimes made to the principle of a federative government. 
 t is true that no federation can be as compact as a single 
 lomogeneous state, though the compactness will vary with the 
 jtrength or weakness of the central government. It is true that 
 ederation may be comparatively a loose bond, but the alterna- 
 tive is no bond at all. It is not every nation or every stage of 
 the national existence that admits of a federative government. 
 Federation is only possible under certain conditions, when the 
 states to 1)0 federated are so far akin that they can be united, 
 Etnd yet so far dissimilar that they cannot be fused into one 
 single body politic. And this I believe to be the present condition 
 of the Provinces of British North America. Again, it is said 
 that federation is a compromise, and, like all compromises, con- 
 tains the germ of future disunion. It is true that it is a com- 
 promise, so far as it is founded upon the consent of the Provinces ; 
 it is true that it has been rendered possible by the surrender of 
 certain powers, rights, and pretensions by the several Provinces 
 into the hands of the central authority : but it is also to be 
 remembered that — unlike every other federation that has existed 
 — it derives its political existence from an external authority, 
 from that which is the recognised source of power and right — the 
 British Crown. And I cannot but recognise in this some security 
 against those conflicts of state rights and central authority which # 
 in other federations have sometimes proved so disastrous. 
 
 There have been but few examples of federative governments. 
 Republics and kingdoms there have been many that have played 
 great parts; but the federative governments in the world's 
 history may be easily counted. There have been but four 
 which can be fairly called famous. Two are no more — two ^ 
 exist. Of these, one — Switzerland — is the smallest amongst the 
 families of modern Europe ; the other — the United States — is 
 one of the greatest of the Great Powers of the world. In 
 geographical area this Confederation of the British North 
 American Provinces is even now large — it may become one 
 day second only in extent to the vast territories of Bussia — 
 and in population, in revenue, in trade, in shipping, it is superior 
 
f$> gPEECH on THE GOKFEDEBATIOlr, WTC 
 
 to the. thirteen Colonies when, not a century ago^in iJie Deolara- 
 tion of Independence, they became the United StalsB of- Ameiica. 
 We are laying tJie foundation c^ a great Stat^-^^periui^ one 
 which at a future day may even overshadow this oooatry. 
 fint, come what may, we shall rejoice that we hffre BlK>wn 
 Qfiithejr indifference to th^r wishes nor jealousy of their aq)ira- 
 ^ns, bat that we honestly and sincerely, to the utmost of our 
 power and knowledge, fostered their growth, recognising in it 
 tiie conditions of our own greatness. We are in this measure 
 seating the crown to th^ free institutifms which more than a 
 quarter of a century ago we gave them, and therein we r^nove, 
 as I firmly beHeve, all possibilities of future jealousy or misun- 
 derstanding — . 
 
 "Magna sub ingenti Matris se subjicit umbrft." 
 
 miNTRD BT wai.uM cujwM AND wMfs, BCK* mMR, «tAiiroiiT> WRBrr, 
 Airv ciume