CHAPTER XVII

THE CONFEDERATION DEBATE

The parliament of Canada assembled on January 19th, 1865, to consider

the resolutions of the Quebec conference. The first presentation of

the reasons for confederation was made in the Upper Chamber by the

premier, Sir E. P. Tache. He described the measure as essential to

British connection, to the preservation of "our institutions, our

laws, and even our remembrances of the past." If the opportunity were

allowed to pass by unimproved, Canada would be forced into the

American union by violence; or would be placed upon an inclined plane

which would carry it there insensibly. Canada, during the winter, had

no independent means of access to the sea, but was dependent on the

favour of a neighbour which, in several ways, had shown a hostile

spirit. The people of the Northern States had an exaggerated idea of

Canadian sympathy with the South, and the consequences of this

misapprehension were--first, the threatened abolition of the transit

system; second, the discontinuance of reciprocity; third, a passport

system, which was almost equivalent to a prohibition of intercourse.

Union with the Maritime Provinces would give Canada continuous and

independent access to the Atlantic; and the Maritime Provinces would

bring into the common stock their magnificent harbours, their coal

mines, their great fishing and shipping industries. Then he recounted

the difficulties that had occurred in the government of Canada, ending

in dead-lock, and a condition "bordering on civil strife." He declared

that Lower Canada had resisted representation by population under a

legislative union, but that if a federal union were obtained, it would

be tantamount to a separation of the provinces, and Lower Canada would

thereby preserve its autonomy, together with all the institutions it

held so dear. These were the main arguments for confederation, and in

the speeches which followed on that side they were repeated, enforced,

and illustrated in various ways.

In the assembly, Mr. John A. Macdonald, as attorney-general, gave a

clear and concise description of the new constitution. He admitted

that he had preferred a legislative union, but had recognized that

such a union would not have been accepted either by Lower Canada or

the Maritime Provinces. The union between Upper and Lower Canada,

legislative in name, had been federal in fact, there being, by tacit

consent and practice, a separate body of legislation for each part of

the province. He described the new scheme of government as a happy

combination of the strength of a legislative union with the freedom of

a federal union, and with protection to local interests. The

constitution of the United States was "one of the most skilful works

which human intelligence ever created; one of the most perfect

organizations that ever governed a free people." Experience had shown

that its main defect was the doctrine of State sovereignty. This

blemish was avoided in the Canadian constitution by vesting all

residuary powers in the central government and legislature. The

Canadian system would also be distinguished from the American by the

recognition of monarchy and of the principle of responsible

government. The connection of Canada with Great Britain he regarded as

tending towards a permanent alliance. "The colonies are now in a

transition state. Gradually a different colonial system is being

developed; and it will become year by year less a case of dependence

on our part, and of overruling protection on the part of the mother

country, and more a case of a hearty and cordial alliance. Instead of

looking upon us as a merely dependent colony, England will have in us

a friendly nation--a subordinate, but still a powerful people--to

stand by her in North America, in peace or in war."

Brown spoke on the night of February 8th, his speech, occupying four

hours and a half in delivery, showing the marks of careful

preparation. He drew an illustration from the mighty struggle that had

well-nigh rent the republic asunder, and was then within a few weeks

of its close. "We are striving," he said, "to settle forever issues

hardly less momentous than those that have rent the neighbouring

republic and are now exposing it to all the horrors of civil war. Have

we not then great cause for thankfulness that we have found a better

way for the solution of our troubles? And should not every one of us

endeavour to rise to the magnitude of the occasion, and earnestly seek

to deal with this question to the end, in the same candid and

conciliatory spirit in which, so far, it has been discussed?"

He warned the assembly that whatever else happened, the constitution

of Canada would not remain unchanged. "Something must be done. We

cannot stand still. We cannot go back to chronic, sectional hostility

and discord--to a state of perpetual ministerial crisis. The events of

the last eight months cannot be obliterated--the solemn admissions of

men of all parties can never be erased. The claims of Upper Canada for

justice must be met, and met now. Every one who raises his voice in

hostility to this measure is bound to keep before him, when he speaks,

all the perilous consequences of its rejection. No man who has a true

regard for the well-being of Canada can give a vote against this

scheme unless he is prepared to offer, in amendment, some better

remedy for the evils and injustice that have so long threatened the

peace of our country."

In the first place, he said confederation would provide a complete

remedy for the injustice of the system of parliamentary

representation, by giving Upper Canada, in the House of Commons, the

number of members to which it was entitled by population. In the

senate, the principle of representation by population would not be

maintained, an equal number of senators being allotted to Ontario, to

Quebec, and to the group of Maritime Provinces, without regard to

population. Secondly, the plan would remedy the injustice of which

Upper Canada had complained in regard to public expenditures. "No

longer shall we have to complain that one section pays the cash while

the other spends it; hereafter they who pay will spend, and they who

spend more than they ought, will bear the brunt. If we look back on

our doings of the last fifteen years, I think it will be acknowledged

that the greatest jobs perpetrated were of a sectional character, that

our fiercest contests were about local matters that stirred up

sectional jealousies and indignation to their deepest depth."

Confederation would end sectional discord between Upper and Lower

Canada. Questions that used to excite sectional hostility and jealousy

were now removed from the common legislature to the legislatures of

the provinces. No man need be debarred from a public career because

his opinions, popular in his own province, were unpopular in another.

Among the local questions that had disturbed the peace of the common

legislature, he mentioned the construction of local works, the

endowment of ecclesiastical institutions, the granting of money for

sectarian purposes, and interference with school systems.

He advocated confederation because it would convert a group of

inconsiderable colonies into a powerful union of four million people,

with a revenue of thirteen million dollars, a trade of one hundred and

thirty-seven million five hundred thousand dollars, rich natural

resources and important industries. Among these he dwelt at length on

the shipping of the Maritime Provinces. These were the days of the

wooden ship, and Mr. Brown claimed that federated Canada would be the

third maritime power in the world. Confederation would give a new

impetus to immigration and settlement. Communication with the west

would be opened up, as soon as the state of the finances permitted.

Negotiations had been carried on with the imperial government for the

addition of the North-West Territories to Canada; and when those

fertile plains were opened for settlement, there would be an immense

addition to the products of Canada. The establishment of free trade

between Canada and the Maritime Provinces would be some compensation

for the loss of trade with the United States, should the reciprocity

treaty be abrogated. It would enable the country to assume a larger

share of the burden of defence. The time had come when the people of

the United Kingdom would insist on a reconsideration of the military

relations of Canada to the empire, and that demand was just. Union

would facilitate common defence. "The Civil War in the neighbouring

republic--the possibility of war between Great Britain and the United

States; the threatened repeal of the reciprocity treaty; the

threatened abolition of the American bonding system for goods in

transit to and from these provinces; the unsettled position of the

Hudson's Bay Company; the changed feeling of England as to the

relations of Canada to the parent state; all combine at this moment to

arrest the earnest attention to the gravity of the situation and unite

us all in one vigorous effort to meet the emergency like men."

A strong speech against confederation was made by Dorion, an old

friend of Brown, a staunch Liberal, and a representative

French-Canadian. He declared that he had seen no ground for changing

his opinion on two points--the substitution of an Upper Chamber,

nominated by the Crown, for an elective body; and the construction of

the Intercolonial Railway, which he, with other Liberals, had always

opposed. He had always admitted that representation by population was

a just principle; and in 1856 he had suggested, in the legislature,

the substitution of a federal for a legislative union of the Canadas;

or failing this, representation by population, with such checks and

guarantees as would secure local rights and interests, and preserve to

Lower Canada its cherished institutions. When the Brown-Dorion

government was formed, he had proposed a federation of the Canadas,

but with the distinct understanding that he would not attempt to carry

such a measure without the consent of a majority of the people of

Lower Canada. From the document issued by the Lower Canadian Liberals

in 1859, he quoted a passage in which it was laid down that the powers

given to the central government should be only those that were

essential, and that the local powers should be as ample as possible.

"All that belongs to matters of a purely local character, such as

education, the administration of justice, the militia, the laws

relating to property, police, etc., ought to be referred to the local

governments, whose powers ought generally to extend to all subjects

which would not be given to the general government." The vesting of

residuary powers in the provinces was an important difference between

this and the scheme of confederation; but the point most dwelt upon by

Dorion was the inclusion of the Maritime Provinces, which he strongly

opposed.

Dorion denied that the difficulty about representation was the source

of the movement for confederation. He contended that the agitation for

representation by population had died out, and that the real authors

of confederation were the owners of the Grand Trunk Railway Company,

who stood to gain by the construction of the Intercolonial. "The

Tache-Macdonald government were defeated because the House condemned

them for taking without authority one hundred thousand dollars out of

the public chest for the Grand Trunk Railway, at a time when there had

not been a party vote on representation by population for one or two

sessions." He declared that Macdonald had, in Brown's committee of

1864, voted against confederation, and that he and his colleagues

adopted the scheme simply to enable them to remain in office. Dorion

also criticized adversely the change in the constitution of the Upper

Chamber, from the elective to the nominative system. The Conservative

instincts of Macdonald and Cartier, he said, led them to strengthen

the power of the Crown at the expense of the people, and this

constitution was a specimen of their handiwork. "With a

governor-general appointed by the Crown; with local governors also

appointed by the Crown; with legislative councils in the general

legislature, and in all the provinces, nominated by the Crown, we

shall have the most illiberal constitution ever heard of in any

government where constitutional government prevails."

He objected to the power vested in the governor-general-in-council to

veto the acts of local legislatures. His expectation was that a

minority in the local legislature might appeal to their party friends

at Ottawa to veto laws which they disliked, and that thus there would

be constant interference, agitation and strife between the central and

the local authorities. He suspected that the intention was ultimately

to change the federal union to a legislative union. The scheme of

confederation was being carried without submission to the people. What

would prevent the change from a federal to a legislative union from

being accomplished in a similar way? To this the people of Lower

Canada would not submit. "A million of inhabitants may seem a small

affair to the mind of a philosopher who sits down to write out a

constitution. He may think it would be better that there should be but

one religion, one language and one system of laws; and he goes to work

to frame institutions that will bring all to that desirable state; but

I can tell the honourable gentleman that the history of every country

goes to show that not even by the power of the sword can such changes

be accomplished."

With some exaggeration Mr. Dorion struck at real faults in the scheme

of confederation. The contention that the plan ought to have been

submitted to the people is difficult to meet except upon the plea of

necessity, or the plea that the end justifies the means. There was

assuredly no warrant for depriving the people of the power of electing

the second chamber; and the new method, appointment by the government

of the day, has been as unsatisfactory in practice as it was unsound

in principle. The federal veto on provincial laws has not been used to

the extent that Dorion feared. But when we consider how partisan

considerations have governed appointments to the senate, we can

scarcely say that there was no ground for the fear that the power of

disallowance would be similarly abused. Nor can we say that Mr. Dorion

was needlessly anxious about provincial rights, when we remember how

persistently these have been attacked, and what strength, skill and

resolution have been required to defend them.

George Brown · 第 17 / 25 章