Not the least important of the changes in the scheme adopted at London was that relating to the educational privileges of minorities. This is embodied in the famous ninety-third section of the Act, and originated in a desire to protect the Protestant minority in Lower Canada. Its champion was Galt. An understanding existed that the Canadian parliament would enact the necessary guarantees before Canada entered the union. But the proposal, when brought before the House in 1866, was so expressed as to apply to the schools of both the Protestant minority in Lower Canada and the Catholic minority in Upper Canada. This led to disturbing debates and was withdrawn. No substitute being offered, Galt, deeming himself pledged to his co-religionists, at once resigned his place in the Cabinet and stated his reasons temperately in parliament. Although no longer a minister, he was selected as one of the London delegates, partly because of the prominent part taken by him in the cause of Confederation and partly in order that the anxieties of the Lower Canada minority might be allayed. Galt's conduct throughout was entirely worthy of him. That he was an enlightened man the memoranda of the London proceedings prove, for there is a provision in his handwriting showing his desire to extend to all minorities the protection he claimed for the Lower Canada Protestants. The clause drawn by him differs in its phraseology from the wording in the Act and is as follows:
And in any province where a system of separation or dissentient schools by law obtains, or where the local legislature may adopt a system of separate or dissentient schools, an appeal shall lie to the governor in council of the general government from the acts and decisions of the local authorities which may affect the rights or privileges of the Protestant or Catholic minority in the matter of education. And the general parliament shall have power in the last resort to legislate on the subject.[[5]]
The bill passed through parliament without encountering any serious opposition. Lord Carnarvon's introductory speech in the House of Lords was an adequate, although not an eloquent, presentation of the subject. His closing words were impressive:
We are laying the foundation of a great State—perhaps one which at a future day may even overshadow this country. But, come what may, we shall rejoice that we have shown neither indifference to their wishes nor jealousy of their aspirations, but that we honestly and sincerely, to the utmost of our power and knowledge, fostered their growth, recognizing in it the conditions of our own greatness. We are in this measure setting the crown to the free institutions which more than a quarter of a century ago we gave them, and therein we remove, as I firmly believe, all possibilities of future jealousy or misunderstanding.
No grave objections were raised in either the Lords or the Commons. In fact, the criticisms were of a mild character. No division was taken at any stage. In the House of Commons, Mr Adderley, the under-secretary for the Colonies, who was in charge of the measure, found a cordial supporter, instead of a critic, in Mr Cardwell, the former colonial secretary, so that the bill was carried through with ease and celerity. John Bright's speech reflected the anti-Imperial spirit of the time. 'I want the population of these provinces,' he said, 'to do that which they believe to be the best for their own interests—remain with this country if they like, in the most friendly manner, or become independent states if they like. It they should prefer to unite themselves with the United States, I should not complain even of that.'
The strenuous protests made by Joseph Howe and the Nova Scotian opponents of Confederation were not unnoticed. It was claimed by one or two speakers that the electors of that province should be allowed to pronounce upon the measure, but this evoked no support, and the wishes of all the provinces were considered to have been sufficiently consulted. The argument for further delay failed to enlist any active sympathy; and the wish of the delegates that no material alteration be made in the bill, as it was a compromise based upon a carefully arranged agreement, was respected. The constitution was thus the creation of the colonial statesmen themselves, and not of the Imperial government or parliament.
That so important a step in the colonial policy of the Empire should have been received at London in a passive and indifferent spirit has often been the subject of complaint. When the Australian Commonwealth came into existence, the event was marked by more ceremony and signalized by greater impressiveness. But another phase of the question should be kept in mind. The British North America Act contained the promise of the vast Dominion which exists to-day, but not the reality. The measure dealt with the union of the four provinces only. The Confederation, as we have it, was still incomplete. When the royal proclamation was issued on the 10th of May bringing the new Dominion into being on July 1, 1867, much remained to be done. The constitution must be put to the test of practical experience; and the task of extending the Dominion across the continent must be undertaken. Upon the first government of Canada, in truth, would rest a duty as arduous as ever fell to the lot of statesmen. They had in their hands a half-finished structure, and might, conceivably, fail in completing it.