CHAPTER XX

CONFEDERATION AND THE PARTIES

We are to consider now the long-vexed question of the connection of

Mr. Brown with the coalition of 1864. Ought he to have entered the

coalition government? Having entered it, was he justified in leaving

it in 1865? Holton and Dorion told him that by his action in 1864, he

had sacrificed his own party interests to those of John A. Macdonald;

that Macdonald was in serious political difficulty, and had been

defeated in the legislature; that he seized upon Brown's suggestion

merely as a means of keeping himself in office; that for the sake of

office he accepted the idea of confederation, after having voted

against it in Brown's committee. A most wise and faithful friend,

Alexander Mackenzie, thought that Reformers should accept no

representation in the cabinet, but that they should give confederation

an outside support. That Macdonald and his party were immensely

benefitted by Brown's action, there can be no doubt. For several years

they had either been in Opposition, or in office under a most

precarious tenure, depending entirely upon a majority from Lower

Canada. By Brown's action they were suddenly invested with an

overwhelming majority, and they had an interrupted lease of power for

the nine years between the coalition and the Pacific Scandal.

Admitting that the interest of the country warranted this sacrifice of

the interests of the Liberal party, we have still to consider whether

it was wise for Mr. Brown to enter the ministry, and especially to

enter it on the conditions that existed. The Lower Canadian Liberals

were not represented, partly because Dorion and Holton held back, and

partly because of the prejudice of Tache and Cartier against the

Rouges; and this exclusion was a serious defect in a ministry supposed

to be formed on a broad and patriotic basis. The result was, that

while the Liberals were in a majority in the legislature, they had

only three representatives in a ministry of twelve. Such a government,

with its dominant Conservative section led by a master in the handling

of political combinations, was bound to lose its character of a

coalition, and become Conservative out and out.

A broader question is involved than that of the mere party advantage

obtained by Macdonald and his party in the retention of power and

patronage. There was grave danger to the essential principles of

Liberalism, of which Brown was the appointed guardian. Holton put this

in a remarkable way during the debate on confederation. It was at the

time when Macdonald had moved the previous question, when the

coalition government was hurrying the debate to a conclusion, in the

face of indignant protests and demands that the scheme should be

submitted to the people. Holton told Brown that he had destroyed the

Liberal party. Henceforth its members would be known as those who once

ranged themselves together, in Upper and Lower Canada, under the

Liberal banner. Then followed this remarkable appeal to his old

friend: "Most of us remember--those of us who have been for a few

years in public life in this country must remember--a very striking

speech delivered by the honourable member for South Oxford in Toronto

in the session of 1856 or 1857, in which he described the path of the

attorney-general [Macdonald] as studded all along by the gravestones

of his slaughtered colleagues. Well, there are not wanting those who

think they can descry, in the not very remote distance, a yawning

grave waiting for the noblest victim of them all. And I very much fear

that unless the honourable gentleman has the courage to assert his own

original strength--and he has great strength--and to discard the

blandishments and the sweets of office, and to plant himself where he

stood formerly, in the affections and confidence of the people of this

country, as the foremost defender of the rights of the people, as the

foremost champion of the privileges of a free parliament--unless he

hastens to do that, I very much fear that he too may fall a victim,

the noblest victim of them all, to the arts, if not the arms of the

fell destroyer."

There was a little humorous exaggeration in the personal references to

Macdonald, for Holton and he were on friendly terms. But there was

also matter for serious thought in his words. Though Macdonald had

outgrown the fossil Toryism that opposed responsible government, he

was essentially Conservative; and there was something not democratic

in his habit of dealing with individuals rather than with people in

the mass, and of accomplishing his ends by private letters and

interviews, and by other forms of personal influence, rather than by

the public advocacy of causes. Association with him was injurious to

men of essentially Liberal and democratic tendencies, and

subordination was fatal, if not to their usefulness, at least to their

Liberal ideals. Macdougall and Howland remained in the ministry until

confederation was achieved, and found reasons for remaining there

afterwards. At the Reform convention of 1867, when the relation of the

Liberal party to the so-called coalition was considered, they defended

their position with skill and force, but the association of one with

Macdonald was very brief, and of the other very unhappy. Mr. Howland

was not a very keen politician, and a year after confederation was

accomplished he accepted the position of lieutenant-governor of

Ontario. Mr. Macdougall had an unsatisfactory career as a minister,

with an unhappy termination. He was clearly out of his element. Mr.

Tilley was described as a Liberal, but there was nothing to

distinguish him from his Conservative colleagues in his methods or his

utterances, and he became the champion of the essentially Conservative

policy of protection.

But the most notable example of the truth of Holton's words and the

soundness of his advice was Joseph Howe. Howe was in Nova Scotia "the

foremost defender of the rights of people, the foremost champion of

the privileges of free parliaments." He had opposed the inclusion of

Nova Scotia on the solid ground that it was accomplished by arbitrary

means. At length he bowed to the inevitable. In ceasing to encourage a

useless and dangerous agitation he stood on patriotic ground. But in

an evil hour he was persuaded to seal his submission by joining the

Macdonald government, and thenceforth his influence was at an end. His

biographer says that Howe's four years in Sir John Macdonald's cabinet

are the least glorious of his whole career. "Howe had been accustomed

all his life to lead and control events. He found himself a member of

a government of which Sir John Macdonald was the supreme head, and of

a cast of mind totally different from his own. Sir John Macdonald was

a shrewd political manager, an opportunist whose unfailing judgment

led him unerringly to pursue the course most likely to succeed each

hour, each day, each year. Howe had the genius of a bold Reformer, a

courageous and creative type of mind, who thought in continents,

dreamed dreams and conceived great ideas. Sir John Macdonald busied

himself with what concerned the immediate interests of the hour in

which he was then living, and yet Sir John Macdonald was a leader who

permitted no insubordination. Sir Georges Cartier, a man not to be

named in the same breath with Howe as a statesman, was, nevertheless,

a thousand times of more moment and concern with his band of Bleu

followers in the House of Commons, than a dozen Howes, and the

consequence is that we find for four years the great old man playing

second fiddle to his inferiors, and cutting a far from heroic figure

in the arena."[18] What Holton said by way of warning to Brown was

realized in the case of Howe. He was "the noblest victim of them all."

From the point of view of Liberalism and of his influence as a public

man, Brown did not leave the ministry a moment too soon; and there is

much to be said in favour of Mackenzie's view that he ought to have

refused to enter the coalition at all, and confined himself to giving

his general support to confederation. By this means he would not have

been responsible for the methods by which the new constitution was

brought into effect, methods that were in many respects repugnant to

those essential principles of Liberalism of which Brown had been one

of the foremost champions. At almost every stage in the proceedings

there was a violation of those rights of self-government which had

been so hardly won by Canada, Nova Scotia and New Brunswick. The

Quebec conference was a meeting of persons who had been chosen to

administer the affairs of the various British provinces under their

established constitutions, not to make a new constitution. Its

deliberations were secret. It proceeded, without a mandate from the

people, to create a new governing body, whose powers were obtained at

the expense of those of the provinces. With the same lack of popular

authority, it declared that the provinces should have only those

powers which were expressly designated, and that the reserve of power

should be in the central governing body. Had this body been created

for the Canadas alone, this proceeding might have been justified, for

they were already joined in a legislative union, though by practice

and consent some features of federalism prevailed. But Nova Scotia and

New Brunswick were separate, self-governing communities, and it was

for them, not for the Quebec conference, to say what powers they would

grant and what powers they would retain. Again the people of Canada

had declared that the second chamber should be elected, not appointed

by the Crown. The Quebec conference, without consulting the people of

Canada, reverted to the discarded system of nomination, and added the

senate to the vast body of patronage at the disposal of the federal

government. The constitution adopted by this body was not, except in

the case of New Brunswick, submitted to the people, and it can hardly

be said that it was freely debated in the parliament of Canada, for it

was declared that it was in the nature of a treaty, and must be

accepted or rejected as a whole. In the midst of this debate the

people of New Brunswick passed upon the scheme in a general election,

and condemned it in the most decisive and explicit way. The British

government was then induced to bring pressure to bear upon the

province; and while it was contended that this pressure was only in

the form of friendly advice it was otherwise interpreted by the

governor, who strained his powers to compel the ministry to act in

direct contravention of its mandate from the people, and when it

resisted, forced it out of office. It is true that in a subsequent

election this decision was reversed; but that is not a justification

for the means adopted to bring about this result. It is no

exaggeration to say that Nova Scotia was forced into the union against

the express desire of a large majority of its people. There are

arguments by which these proceedings may be defended, but they are not

arguments that lie in the mouth of a Liberal. And if we say that the

confederation, in spite of these taints in its origin, has worked well

and has solved the difficulties of Canada, we use an argument which

might justify the forcible annexation of a country by a powerful

neighbour.

Again, there was much force in Dorion's contention that the new

constitution was an illiberal constitution, increasing those powers of

the executive which were already too large. To the inordinate strength

of the executive, under the delusive name of the Crown, may be traced

many of the worst evils of Canadian politics: the abuse of the

prerogative of dissolution, the delay in holding bye-elections, the

gerrymandering of the constituencies by a parliament registering the

decree of a government. To these powers of the government the

Confederation Act added that of filling one branch of the legislature

with its own nominees. By the power of disallowance, by the equivocal

language used in regard to education, and in regard to the creation of

new provinces, pretexts were furnished for federal interference in

local affairs. But for the resolute opposition of Mowat and his

colleagues, the subordination of the provinces to the central

authority would have gone very far towards realizing Macdonald's ideal

of a legislative union; and recent events have shown that the danger

of centralization is by no means at an end.

It was a true, liberal and patriotic impulse that induced Brown to

offer his aid in breaking the dead-lock of 1864. He desired that Upper

Canada should be fairly represented in parliament, and should have

freedom to manage its local affairs. He desired that the Maritime

Provinces and the North-West should, in the course of time, be

brought in on similar terms of freedom. But by joining the coalition

he became a participant in a different course of procedure; and if we

give him a large, perhaps the largest share, of the credit for the

ultimate benefits of confederation, we cannot divest him of

responsibility for the methods by which it was brought about, so long,

at least, as he remained a member of the government.

In the year and a half that elapsed between his withdrawal from the

government and the first general election under the new constitution,

he had a somewhat difficult part to play. He had to aid in the work of

carrying confederation, and at the same time to aid in the work of

re-organizing the Liberal party, which had been temporarily divided

and weakened by the new issue introduced into politics. In the Reform

convention of 1867 the attitude of the party towards confederation was

considered. It was resolved that "while the new constitution contained

obvious defects, it was, on the whole, based upon equitable principles

and should be accepted with the determination to work it loyally and

patiently, and to provide such amendments as experience from year to

year may prove to be expedient." It was declared that coalitions of

opposing political parties for ordinary administrative purposes

resulted in corruption, extravagance and the abandonment of principle;

that the coalition of 1864 could be justified only on the ground of

imperious necessity, as the only available means of obtaining just

representation for Upper Canada, and should come to an end when that

object was attained; and that the temporary alliance of the Reform and

Conservative parties should cease. Howland and Macdougall, who had

decided to remain in the ministry, strove to maintain that it was a

true coalition, and that the old issues that divided the parties were

at an end; and their bearing before a hostile audience was tactful and

courageous. But Brown and his friends carried all before them.

Brown argued strongly against the proposal to turn the coalition

formed for confederation into a coalition for ordinary administrative

purposes; and in a passage of unusual fervour he asked whether his

Reform friends were to be subjected to the humiliation of following in

the train of John A. Macdonald.

It is difficult to understand how so chimerical a notion as a

non-party government led by Macdonald could have been entertained by

practical politicians. A permanent position in a Macdonald ministry

would have been out of the question for Brown, not only because of his

standing as a public man, but because of his control of the _Globe_,

which under such an arrangement would have been reduced to the

position of an organ of the Conservative government. There were also

all the elements of a powerful Liberal party, which soon after

confederation rallied its forces and overthrew Sir John Macdonald's

government at Ottawa, and the coalition government he had established

at Toronto. Giving Macdougall every credit for good intentions, it

must be admitted that he committed an error in casting in his

political fortunes with Sir John Macdonald, and that both he and

Joseph Howe would have found more freedom, more scope for their

energies and a wider field of usefulness, in fighting by the side of

Mackenzie and Blake.

FOOTNOTES:

[18] Longley's _Joseph Howe_, "Makers of Canada" series, pp. 228, 229.

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