THE BRITISH NORTH AMERICA ACT
One of the great objects of confederation was the construction of the
Intercolonial Railway from St. John and Halifax to Quebec. It was
thought that there could be no real union between the several colonies
of British North America unless a good means of communication existed,
and such a means was to be obtained only through the construction of
this line of railway. The Intercolonial Railway, as we have seen, had
been a part of the policy of successive governments in the province for
many years, and it became an essential part of the scheme of
confederation. When confederation was accepted by the people of New
Brunswick in 1866, the Intercolonial Railway had yet to be built.
Western Extension, as the line to the Maine border was called, had only
been commenced; Eastern Extension, from the Shediac line towards
Halifax, was in the same condition; in fact, the total mileage of the
railways in New Brunswick did not exceed two hundred miles, and these
lines were isolated and formed no part of any complete system. New
Brunswick now has three separate lines of railway leading to Quebec and
Montreal; it is connected with the great railway systems of the
continent; there is no county in the province which has not a line of
railway traversing it; and the mileage has risen from less than two
hundred to more than fourteen hundred.
Mr. Tilley realized that the time had come when the communities which
form the British provinces of North America must either become
politically connected or else fall, one by one, beneath the influence of
the United States. After confederation had been brought about between
Canada, New Brunswick and Nova Scotia, enough was seen in the conduct of
American statesmen towards Prince Edward Island to show that their
design was to try to create a separate interest in this colony apart
from the general interest of Canada. The acceptance of the scheme of
confederation by Prince Edward Island, at a comparatively early period,
put an end to the plots in that quarter; but in the case of Newfoundland
the same thing has been repeated, and an attempt was made by American
statesmen to cause the people of that island to believe that their
interests and those of Canada are not identical, and that they would be
specially favoured by the United States if they held aloof from the
great Dominion. The attitude of the people and congress of the United
States towards Canada has not been marked, for the most part, by any
great friendliness. They saw in confederation an arrangement that was
likely to prevent this country from ever becoming absorbed by their
own, and they believed that by creating difficulties for us with respect
to the tariff and other matters, and limiting the area of our commercial
relations, they could put such pressure upon Canada as would compel our
people to unite with them. This scheme has failed because it was based
on a misconception of the spirit of our people; but who will say that it
would not have succeeded if the several provinces which now form the
confederation had been disunited and inharmonious in their relations and
had pursued different lines of policy?
{HIS SPEECHES}
It is unfortunate that, owing to the absence of verbatim reports, it is
impossible to reproduce any of Tilley's speeches during the
confederation campaign. No speaker that New Brunswick has ever produced
has been more generally acceptable than was Tilley. His speeches were
pointed, and so clear that they could not be misunderstood. He
possessed, to a very large extent, that magnetism which enabled him to
retain the attention and to awaken the sympathy of his audience. At all
the meetings which he addressed, there were many who regarded themselves
always as his friends and supporters and who formed a phalanx around
him, giving him a confidence and political strength which few statesmen
have ever enjoyed to a like extent. Although his addresses frequently
provoked the bitter animosity of his enemies, he had always enough
friends to counteract their influence; and during the many contests
which he had to fight for his seat in the city of St. John, he was
always able to rely on the loyalty of those who were his early
associates and who remained his supporters until the end of his career.
It is quite safe to assert that confederation could not have been
carried had it not been for the personal efforts of Mr. Tilley. As the
leader of the government which had consented to the Quebec scheme, he
was properly looked upon as the chief promoter of confederation in New
Brunswick, and his name will go down to future generations identified
with that large and necessary measure of colonial statesmanship.
{THE LEGISLATURE MEETS}
Although the vote of the electors had been taken on the question, much
remained to be done before confederation could become an accomplished
fact. The last elections, which were those of Kings and Charlotte, were
held on June 12th, but more than a year was to elapse before the union
was effected, and the result which the election was intended to bring
about realized. The first thing to be done was to call the legislature
together and complete the business of the province, which had been
interrupted by the dissolution. The legislature met on June 21st, and
the Hon. John H. Gray, who had been an active advocate of confederation,
and who was one of the members for the county of St. John, was made
Speaker. In the speech from the throne the following reference was made
to the question of confederation:--
"Her Majesty's government have already expressed their strong and
deliberate opinion that the union of the British North American
provinces under one government is an object much to be desired. The
legislatures of Canada and Nova Scotia have formed the same judgment,
and you will now shortly be invited to express your concurrence with or
dissent from the view taken of this great question by those provinces."
The address in reply was moved by Mr. Kerr, of Northumberland, and
seconded by Mr. Beveridge of Victoria, and its consideration was made
the order of the day for the following Saturday. When it came up for
discussion the Hon. Albert J. Smith was not in his place, and Mr.
Botsford, one of his colleagues from Westmorland, endeavoured to have
the consideration of the matter postponed; but the House was in no
humour to await the convenience of any single member, and the address
was passed the same day by a vote of thirty to seven. Attorney-General
Fisher, immediately on the passage of the address, gave notice of the
following resolution, which was to be made the order of the day for
Monday, June 26th:--
"_Resolved_, That an humble address be presented to His Excellency, the
lieutenant-governor, praying that His Excellency be pleased to appoint
delegates to unite with delegates from the other provinces in arranging
with the imperial government for the union of British North America,
upon such terms as will secure the just rights and interests of New
Brunswick, accompanied with provision for the immediate construction of
the Intercolonial Railway; each province to have an equal voice in such
delegation, Upper and Lower Canada to be considered as separate
provinces."
Mr. Fisher moved the resolution in question in a very brief speech, and
was replied to by the Hon. Mr. Smith, who spoke at great length and
continued his speech on the following day. Mr. Smith took exception to
giving the delegates power to fix the destinies of the provinces
forever, without again submitting the scheme of union to the people. He
proceeded to discuss the Quebec scheme, and took exception to the
construction of the Upper House of the proposed legislature of the
confederation, declaring that each province should have an equal number
of representatives in it, as was the case in the United States. After
going over the ground pretty thoroughly and criticizing most of the
terms of the scheme of confederation, he moved an amendment, to the
effect that no Act or measure for a union with Canada take effect until
approved by the legislature or the people of the province.
{A PLAN FOR CONFEDERATION}
The Hon. Mr. Tilley replied to the leader of the Opposition in one of
the most effective speeches that he ever delivered in the legislature.
He first took up Mr. Smith's allusion to the constitutional question,
and, with immense power and solemnity, he charged that any want of
constitutional action which existed was due to Mr. Smith and his
colleagues. He stated that the governor's sympathies were with the late
government, and that he had endeavoured to aid and not to injure them.
Mr. Smith had alluded to the Hon. Joseph Howe, who was then an opponent
of confederation, in terms of praise, and Mr. Tilley, in reply, read
from Mr. Howe's speech, made in 1861, a magnificent paragraph on the
union of British America. Mr. Tilley stated that the government would
take the Quebec scheme for a basis, and would seek concessions to meet
the views of those who found objection to parts of it. He mentioned the
various counties of the province to show that they were either expressly
or potentially favourable to the Quebec scheme. He was convinced that
even his friend, the ex-attorney-general and member for Westmorland, was
hardly against union. He asked, "Was there one anti-unionist on the
floor of the House? Where was Mr. Anglin? Mr. Needham? Mr. Hill and all
the rest of the anti-unionists? They were all swept away and unionists
had taken their places, and when the arrangements for union were carried
out, the feeling in its favour would be deeper and deeper." Mr. Tilley
showed the great advantages which would accrue to New Brunswick
eventually in consequence of confederation. He combated the statement
made by Mr. Smith that after confederation the provincial legislature
would become a mere farce, showing that of all the Acts passed during
the previous two years there were only seven which would have come under
the control of the general legislature. Mr. Tilley closed by dwelling on
the impression of power which union would have on the minds of those
abroad who were plotting our ruin. The speech was listened to with the
utmost attention by the members of the legislature and by a very large
audience which completely filled the galleries, and it was generally
considered to have been one of his greatest efforts.
{SMITH'S AMENDMENT}
The resolution was finally carried by a vote of thirty to eight, only
two members, both of whom would have voted for the resolution, being
absent. As soon as the confederation resolution was passed the Hon. A.
J. Smith moved a resolution which, after reciting the steps which had
already been taken in favour of union with Canada, continued as
follows:--
"THEREFORE, _Resolved_, as the deliberate opinion of this House, that no
measure for such union should be adopted which does not contain the
following provisions, viz.: first, an equal number of legislative
councillors for each province; second, such legislative councillors to
be required to reside in the province which they represent and for which
they are appointed; third, the number of representatives in the federal
parliament to be limited; fourth, the establishment of a court for the
determination of questions and disputes that may arise between the
federal and local governments as to the meaning of the Act of Union;
fifth, exemption of this province from taxation for the construction and
enlargement of canals in Upper Canada, and for the payment of money for
the mines and minerals and lands of Newfoundland; sixth, eighty cents
per head to be on the population as it increases and not to be confined
to the census of 1861; seventh, securing to each of the Maritime
Provinces the right to have at least one executive councillor in the
federal government; eighth, the commencing of the Intercolonial Railway
before the right shall exist to increase taxation upon the people of the
province."
Mr. Smith supported his resolution in a lengthy speech in which he
predicted increased taxation as the result of confederation. He said
that the House, instead of being a deliberative assembly, had to
surrender its judgment to the government. Confederation was a great
experiment at best, and called for the exercise of other men's judgment.
The government were going on in the most highhanded manner and were not
justified in withholding information asked for. He elaborated the idea
that Canada was pledged to issue treasury notes to pay present
liabilities, and asserted that the government was altogether under the
control of Canadian politicians. He insisted particularly on a provision
in the Act of Union that each of the Maritime Provinces have an
executive councillor in the federal government. Finally the vote was
taken and the following amendment, which had been moved by the Hon. Mr.
Fisher, was carried, only eight members voting against it:--
"_Resolved_, That the people of this province having, after due
deliberation, determined that the union of British North America was
desirable, and the House having agreed to request His Excellency the
lieutenant-governor to appoint delegates for the purpose of considering
the plan of union upon such terms as will secure the just rights of New
Brunswick, and having confidence that the action of His Excellency under
the advice of his constitutional advisers will be directed to the
attainment of that end, sound policy and a due regard to the interests
of this province require that the responsibility of such action should
be left unfettered by an expression of opinion other than what has
already been given by the people and their representatives."
This ended the battle for confederation in New Brunswick, for what
remained to be done was merely the arrangement of the details of the
union by the delegates who had received full powers for that purpose.
The session of the legislature, which must be considered one of the most
important ever held in New Brunswick, came to a close on Monday, July
7th. At a meeting of the government held immediately after the
prorogation, the Hon. Messrs. Tilley, Wilmot, Fisher, Mitchell, Johnson
and Chandler were appointed to go to England as delegates for the
purpose of meeting delegates from Canada and Nova Scotia, and framing
the bill which was to be passed by the imperial parliament for the
consummation of confederation. It was understood that there would be no
delay on the part of the delegates from Canada, but Sir John A.
Macdonald and the other Canadian delegates were unable to leave at the
time appointed, and did not meet the Maritime Provinces delegation in
England until many months after the latter had arrived there. This
unfortunate circumstance produced much comment at the time, because it
looked as if the government of Canada was treating the delegates of New
Brunswick and Nova Scotia with discourtesy. Instead of the business
being completed promptly, as was expected, and the bill passed by the
parliament during the autumn season, the whole matter was thrown over
until the following year, and the New Brunswick delegates, most of whom
were prominent members of the government, had to remain in England for
about ten months at great expense and inconvenience.
{THE DELEGATES IN ENGLAND}
The delegates from the three provinces, Canada, Nova Scotia and New
Brunswick, met at the Westminster Palace Hotel, London, in December,
1866, the Hon. John A. Macdonald in the chair and Lieut.-Col. Hewitt
Bernard acting as secretary. The resolution passed at the Quebec
conference held in 1864 was read, and amendments were moved in
accordance with the suggestions made in the several legislatures during
the discussions at the previous sessions. It was conceded by all that
the Intercolonial Railway, by which facilities for interprovincial
commercial intercourse should be secured, must be built by the united
provinces and without delay. It was also conceded that in the provinces
where separate schools were established by law, that principle should
not be disturbed. In the discussion it was claimed that the sole right
of imposing an export duty should be vested in the federal authority.
This was objected to by the New Brunswick delegates, on the ground that
as the people of that province had expended a large sum of money in the
improving of the navigation of the upper St. John, they had to recoup
themselves by imposing an export duty on lumber shipped from the
province. A considerable portion of the income thus received was paid by
the lumbermen of the state of Maine, the advantage derived by them from
such improvements being very great. The claim thus presented by the New
Brunswick delegates was conceded, and the province was permitted to
retain the right. This right was abandoned after confederation, the
Dominion paying therefor a hundred and fifty thousand dollars per annum
to the New Brunswick government.
{THE BRITISH NORTH AMERICA ACT}
During the sitting of the delegates, which lasted for two months, many
conferences were held with Lord Carnarvon, then secretary of state for
the colonies, and the law officers of the Crown, in regard to objections
which were taken to some of the resolutions adopted by the delegates.
The governor-general of Canada, Viscount Monck, was in London at the
time, and was able to render valuable assistance during the conference,
owing to his intimate knowledge of the previous negotiations at Quebec.
The arrangements there made, in regard to the strengthening of the
central government, founded on the experience of the United States
during the War of Secession, were adhered to in the London resolutions
and accepted by the imperial authorities. When the bill reached
parliament some amendments were suggested, but when it was pointed out
that the bill as presented was the result of the most careful
consideration of both the imperial authorities and the colonial
representatives, the suggested amendments were not pressed and the
measure passed through both Houses with very little discussion. But one
spirit seemed to animate both the imperial government and the members of
parliament, and that was to give the provinces interested the fullest
powers consistent with their relation to the Empire. The parliamentary
opposition to the measure was much less than might have been expected,
when it is remembered that the opponents of confederation had
representatives in London, well able to present objections from their
standpoint, who had the ear of Mr. Bright and other members of the House
of Commons. Her Majesty took a deep interest in the measure and
expressed that interest to members of the delegation, adding that she
felt a great affection for her loyal Canadian subjects. While the bill
was before the House of Lords, Messrs. Macdonald, Cartier, Galt, Tupper
and Tilley were honoured by a private presentation to Her Majesty, at
Buckingham Palace, and shortly afterwards all the members of the
conference were presented at a drawing-room at the same place.
{COUNTY COURT ACT}
The New Brunswick delegates returned to Canada in the spring of 1867,
having completed their labours, and the legislature was called together
on May 8th. The business before it was of great importance, for the
province was entering upon a new era as a member of the Canadian
confederation, and the legislature was about to lose that portion of its
powers which was delegated to the federal parliament. It is not,
however, necessary to enter into any details of the work of the session,
which was carried through without any particular difficulty, the
Opposition being too weak to oppose seriously the measures of the
government. It was felt on all sides that, as twelve members of the
legislative council were about to become members of the senate of
Canada, and as fifteen representatives were to be elected to the House
of Commons, most of whom would come from the House of Assembly, a
striking change would take place in the composition of the legislature,
which would be deprived of the services of a large number of its ablest
men. One of the important bills of the session was the passage of the
Act establishing county courts in the province, and in respect to this
measure a difference of opinion took place between Mr. John M. Johnson,
one of the delegates and member for Northumberland, and his fellow
delegates to England. He thought that the legislature had no authority
under the terms of confederation, or from any understanding between the
delegates while in England, to create county courts, while the other
delegates held a different view. The Act was passed, however, and has
proved to be one of the most useful ever placed upon the statute-book,
relieving the supreme court of many cases, both civil and criminal,
which would otherwise block its business, and enabling them to be
disposed of more rapidly than before. The county court judges appointed
under this Act were, with one exception, taken from the legislature, and
this made another serious drain upon its experienced members.