MOVING TOWARDS CONFEDERATION
To whom is due the confederation of the British North American
provinces is a long vexed question. The Hon. D'Arcy McGee, in his
speech on confederation, gave credit to Mr. Uniacke, a leading
politician of Nova Scotia, who in 1800 submitted a scheme of colonial
union to the imperial authorities; to Chief-Justice Sewell, to Sir
John Beverley Robinson, to Lord Durham, to Mr. P. S. Hamilton, a Nova
Scotia writer, and to Mr. Alexander Morris, then member for South
Lanark, who had advocated the project in a pamphlet entitled _Nova
Britannia_. "But," he added, "whatever the private writer in his
closet may have conceived, whatever even the individual statesman may
have designed, so long as the public mind was uninterested in the
adoption, even in the discussion of a change in our position so
momentous as this, the union of these separate provinces, the
individual laboured in vain--perhaps, not wholly in vain, for although
his work may not have borne fruit then, it was kindling a fire that
would ultimately light up the whole political horizon and herald the
dawn of a better day for our country and our people. Events stronger
than advocacy, events stronger than men, have come in at last like
the fire behind the invisible writing, to bring out the truth of these
writings and to impress them upon the mind of every thoughtful man who
has considered the position and probable future of these scattered
provinces." Following Mr. McGee's suggestion, let us try to deal with
the question from the time that it ceased to be speculative and became
practical, and especially to trace its development in the mind of one
man.
In the later fifties Mr. Brown was pursuing a course which led almost
with certainty to the goal of confederation. The people of Upper
Canada were steadily coming over to his belief that they were
suffering injustice under the union; that they paid more than their
share of the taxes, and yet that Lower Canadian influence was dominant
in legislation and in the formation of ministries. Brown's tremendous
agitation convinced them that the situation was intolerable. But it
was long before the true remedy was perceived. The French-Canadians
would not agree to Brown's remedy of representation by population.
Brown opposed as reactionary the proposal that the union should be
dissolved. He desired not to go back to the day of small things--on
the contrary, even at this early day, he was advocating the union of
the western territories with Canada. Nor was he at first in favour of
the federal principle. In 1853, in a formal statement of its
programme, the _Globe_ advocated uniform legislation for the two
provinces, and a Reform convention held at Toronto in 1857 recommended
the same measure, together with representation by population and the
addition of the North-West Territories to Canada.
In January, 1858, Brown wrote to his friend, Luther Holton, in a
manner which showed an open mind: "No honest man can desire that we
should remain as we are, and what other way out of our difficulties
can be suggested but a general legislative union, with representation
by population, a federal union, or a dissolution of the present union.
I am sure that a dissolution cry would be as ruinous to any party as
(in my opinion) it would be wrong. A federal union, it appears to me,
cannot be entertained for Canada alone, but when agitated must include
all British America. We will be past caring for politics when that
measure is finally achieved. What powers should be given to the
provincial legislatures, and what to the federal? Would you abolish
county councils? And yet, if you did not, what would the local
parliaments have to control? Would Montreal like to be put under the
generous rule of the Quebec politicians? Our friends here are prepared
to consider dispassionately any scheme that may issue from your party
in Lower Canada. They all feel keenly that something must be done.
Their plan is representation by population, and a fair trial for the
present union in its integrity; failing this, they are prepared to go
for dissolution, I believe, but if you can suggest a federal or any
other scheme that could be worked, it will have our most anxious
examination. Can you sketch a plan of federation such as our friends
below would agree to and could carry?"
Probably Dorion and other Lower Canadians had a part in converting
Brown to federation. In 1856 Dorion had moved a resolution favouring
the confederation of the two Canadas. In August, 1858, Brown and
Dorion undertook to form a government pledged to the settlement of the
question that had arisen between Upper and Lower Canada. Dorion says
it was agreed by the Brown-Dorion government "that the constitutional
question should be taken up and settled, either by a confederation of
the two provinces, or by representation according to population, with
such checks and guarantees as would secure the religious faith, the
laws, the language, and the peculiar institutions of each section of
the country from encroachments on the part of the other."
At the same time an effort in the same direction was made by the
Conservative party. A. T. Galt, in the session of 1858, advocated the
federal union of all the British North American provinces. He declared
that unless a union were effected, the provinces would inevitably
drift into the United States. He proposed that questions relating to
education and likely to arouse religious dissension, ought to be left
to the provinces. The resolutions moved by Mr. Galt in 1858 give him
a high place among the promoters of confederation. Galt was asked by
Sir Edmund Head to form an administration on the resignation of the
Brown government. Galt refused, but when he subsequently entered the
Cartier government it was on condition that the promotion of federal
union should be embodied in the policy of the government. Cartier,
Ross and Galt visited England in fulfilment of this promise, and
described the serious difficulties that had arisen in Canada. The
movement failed because the co-operation of the Maritime Provinces
could not be obtained.
In the autumn of 1859 two important steps leading towards federation
were taken. In October the Lower Canadian members of the Opposition
met in Montreal and declared for a federal union of the Canadas. They
went so far as to specify the subjects of federal and local
jurisdiction, allowing to the central authority the customs tariff,
the post-office, patents and copyrights, and the currency; and to the
local legislatures education, the laws of property, the administration
of justice, and the control of the militia. In September a meeting of
the Liberal members of both Houses was held at Toronto, and a circular
calling a convention of Upper Canadian Reformers was issued. It
declared that "the financial and political evils of the provinces have
reached such a point as to demand a thorough reconsideration of the
relations between Upper and Lower Canada, and the adoption of
constitutional changes framed to remedy the great abuses that have
arisen under the present system"; that the nature of the changes had
been discussed, but that it was felt that before coming to a
conclusion "the whole Liberal party throughout Upper Canada should be
consulted." The discussion would be free and unfettered. "Supporters
of the Opposition advocating a written constitution or a dissolution
of the union--or a federal union of all the British North American
provinces--or a federal system for Canada alone--or any other plan
calculated, in their opinion, to meet the existing evils--are all
equally welcome to the convention. The one sole object is to discuss
the whole subject with candour and without prejudice, that the best
remedy may be found." Then came an account of the grievances for which
a remedy was sought: "The position of Upper Canada at this moment is
truly anomalous and alarming. With a population much more numerous
than that of Lower Canada, and contributing to the general revenue a
much larger share of taxation than the sister province, Upper Canada
finds herself without power in the administration of the affairs of
the union. With a constitution professedly based on the principle that
the will of the majority should prevail, a minority of the people of
Upper Canada, by combination with the Lower Canada majority, are
enabled to rule the upper province in direct hostility to the popular
will. Extravagant expenditures and hurtful legislative measures are
forced on us in defiance of the protests of large majorities of the
representatives of the people; the most needful reforms are denied,
and offices of honour and emolument are conferred on persons destitute
of popular sympathy, and without qualification beyond that of
unhesitating subserviency to the men who misgovern the country."
The convention of nearly six hundred delegates gave evidence of a
genuine, popular movement for constitutional changes. Though it was
composed of members of only one party, its discussions were of general
interest, and were upon a high level of intelligence and public
spirit. The convention was divided between dissolution and federal
union. Federation first got the ear of the meeting. Free access to the
sea by the St. Lawrence, free trade between Upper and Lower Canada,
were urged as reasons for continuing the union. Oliver Mowat made a
closely reasoned speech on the same side. Representation by population
alone would not be accepted by Lower Canada. Dissolution was
impracticable and could not, at best, be obtained without long
agitation. Federation would give all the advantages of dissolution
without its difficulties.
Mowat's speech was received with much favour, and the current had set
strongly for federation when George Sheppard arose as the chief
advocate of dissolution. Sheppard had been an editorial writer on the
_Colonist_, had been attracted by Brown and his policy and had joined
the staff of the _Globe_. His main argument was that the central
government under federation would be a costly and elaborate affair,
and would ultimately overshadow the governments of the provinces.
There would be a central parliament, a viceroy with all the expense of
a court. "A federal government without federal dignity would be all
moonshine." There was an inherent tendency in central bodies to
acquire increased power. In the United States a federal party had
advocated a strong central government, and excuses were always being
sought to add to its glory and influence. On the other side was a
democratic party, championing State rights. "In Canada, too, we may
expect to see federation followed by the rise of two parties, one
fighting for a strong central government, the other, like Mr. Brown,
contending for State rights, local control, and the limited authority
of the central power." One of the arguments for federation was that it
provided for bringing in the North-West Territory. That implied an
expensive federal government for the purpose of organizing the new
territory, building its roads, etc. "Is this federation," he asked,
"proposed as a step towards nationality? If so, I am with you.
Federation implies nationality. For colonial purposes only it would be
a needless incumbrance."
This speech, with its accurate forecast of the growth of the central
power, produced such an impression that the federalists amended their
resolution, and proposed, instead of a general government, "some
joint authority" for federal purposes. This concession was made by
William Macdougall, one of the secretaries and chief figures of the
convention, who said that he had been much impressed by Sheppard's
eloquence and logic. The creation of a powerful, elaborate and
expensive central government such as now exists did not form part of
the plans of the Liberals either in Upper or Lower Canada at that
time.
Brown, who spoke towards the close of the convention, declared that he
had no morbid fear of dissolution of the union, but preferred the plan
of federation, as giving Upper Canada the advantage of free trade with
Lower Canada and the free navigation of the St. Lawrence. One of his
most forcible passages was an answer to Sheppard's question whether
the federation was a step towards nationality. "I do place the
question on grounds of nationality. I do hope there is not one
Canadian in this assembly who does not look forward with high hope to
the day when these northern countries shall stand out among the
nations of the world as one great confederation. What true Canadian
can witness the tide of emigration now commencing to flow into the
vast territories of the North-West without longing to have a share in
the first settlement of that great, fertile country? Who does not feel
that to us rightfully belong the right and the duty of carrying the
blessings of civilization throughout those boundless regions, and
making our own country the highway of traffic to the Pacific? But is
it necessary that all this should be accomplished at once? Is it not
true wisdom to commence federation with our own country, and leave it
open to extension hereafter if time and experience shall prove it
desirable? And shall we not then have better control over the terms of
federation than if all were made parties to the original compact, and
how can there be the slightest question with one who longs for such a
nationality between dissolution and the scheme of the day? Is it not
clear that the former would be the death blow to the hope of future
union, while the latter will readily furnish the machinery for a great
federation?"
The resolutions adopted by the convention declared that the
legislative union, because of antagonisms developed through
differences of origin, local interests, and other causes, could no
longer be maintained; that the plan known as the "double majority" did
not afford a permanent remedy; that a federal union of all the British
North American colonies was out of the range of remedies for present
evils; that the principle of representation by population must be
recognized in any new union, and that "the best practical 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 or sectional
character, and some joint authority charged with such matters as are
necessarily common to both sections of the province."
The hopes that had been aroused by this convention were disappointed,
or rather deferred. When Brown, in the following session of the
legislature, brought forward resolutions in the sense of those adopted
by the convention, he found coldness and dissension in his own party,
and the resolutions were defeated by a large majority. Subsequently
Mr. Brown had a long illness, retired from the leadership, and spent
some time in England and Scotland. In his absence the movement for
constitutional change was stayed. But "events stronger than advocacy,"
in Mr. McGee's words, were operating. Power oscillated between the
Conservative and Reform parties, and two general elections, held
within as many years, failed to solve the difficulty. When federation
was next proposed, it had become a political necessity.