Canada under British Rule 1760-1900

by John George Bourinot

CHAPTER VIII.

THE EVOLUTION OF CONFEDERATION (1789—1864).

SECTION 1—The beginnings of confederation.

The idea of a union of the provinces of British North America had been under discussion for half a century before it reached the domain of practical statesmanship. The eminent Loyalist, Chief Justice Smith of Quebec, so early as 1789, in a letter to Lord Dorchester, gave an outline of a scheme for uniting all the provinces of British North America "under one general direction." A quarter of a century later Chief Justice Sewell of Quebec, also a Loyalist, addressed a letter to the father of the present Queen, the Duke of Kent, in which he urged a federal union of the isolated provinces. Lord Durham was also of opinion in 1839 that a legislative union of all the provinces "would at once decisively settle the question of races," but he did not find it possible to carry it out at that critical time in the history of the Canadas.

Some ten years later, at a meeting of prominent public men in Toronto, known as the British American League, the project of a federal union was submitted to the favourable consideration of the provinces. In 1854 the subject was formally brought before the legislature of Nova Scotia by the Honourable James William Johnston, the able leader of the Conservative party, and found its most eloquent exposition in the speech of the Honourable Joseph Howe, one of the fathers of responsible government. The result of the discussion was the unanimous adoption of a resolution—the first formally adopted by any provincial legislature—setting forth that "the union or confederation of the British provinces, while calculated to perpetuate their connection with the parent state, will promote their advancement and prosperity, increase their strength, and influence and elevate their position." Mr. Howe, on that occasion, expressed himself in favour of a federation of the empire, of which he was always an earnest advocate until his death.

In the legislature of Canada Mr., afterwards Sir, Alexander Tilloch Galt was an able exponent of union, and when he became a member of the Cartier-Macdonald government in 1858 the question was made a part of the ministerial policy, and received special mention in the speech of Sir Edmund Head, the governor-general, at the end of the session. The matter was brought to the attention of the imperial government on more than one occasion during these years by delegates from Canada and Nova Scotia, but no definite conclusion could be reached in view of the fact that the question had not been taken up generally in the provinces.

The political condition of the Canadas brought about a union much sooner than was anticipated by its most sanguine promoters. In a despatch written to the colonial minister by the Canadian delegates,—members of the Cartier-Macdonald ministry—who visited England in 1858 and laid the question of union before the government, they represented that "very grave difficulties now present themselves in conducting the government of Canada"; that "the progress of population has been more rapid in the western province, and claims are now made on behalf of its inhabitants for giving them representation in the legislature in proportion to their numbers"; that "the result is shown by agitation fraught with great danger to the peaceful and harmonious working of our constitutional system, and, consequently, detrimental to the progress of the province" that "this state of things is yearly becoming worse"; and that "the Canadian government are impressed with the necessity for seeking such a mode of dealing with these difficulties as may for ever remove them." In addition to this expression of opinion on the part of the representatives of the Conservative government of 1858, the Reformers of Upper Canada held a large and influential convention at Toronto in 1859, and adopted a resolution in which it was emphatically set forth, "that the best practicable 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 and sectional character, and some general authority charged with such matters as are necessarily common to both sections of the provinces"—language almost identical with that used by the Quebec convention six years later in one of its resolutions with respect to the larger scheme of federation. Mr. George Brown brought this scheme before the assembly in 1860, but it was rejected by a large majority. At this time constitutional and political difficulties of a serious nature had arisen between the French and English speaking sections of the united Canadian provinces. A large and influential party in Upper Canada had become deeply dissatisfied with the conditions of the union of 1840, which maintained equality of representation to the two provinces when statistics clearly showed that the western section exceeded French Canada both in population and wealth.

A demand was persistently and even fiercely made at times for such a readjustment of the representation in the assembly as would do full justice to the more populous and richer province. The French Canadian leaders resented this demand as an attempt to violate the terms on which they were brought into the union, and as calculated, and indeed intended, to place them in a position of inferiority to the people of a province where such fierce and unjust attacks were systematically made on their language, religion, and institutions generally. With much justice they pressed the fact that at the commencement of, and for some years subsequent to, the union, the French Canadians were numerically in the majority, and yet had no larger representation in the assembly than the inhabitants of the upper province, then inferior in population. Mr. George Brown, who had under his control a powerful newspaper, the Globe, of Toronto, was remarkable for his power of invective and his tenacity of purpose, and he made persistent and violent attacks upon the conditions of the union, and upon the French and English Conservatives, who were not willing to violate a solemn contract.

The difficulties between the Canadian provinces at last became so intensified by the public opinion created by Mr. Brown in Upper Canada in favour of representation by population, that good and stable government was no longer possible on account of the close division of parties in the legislature. Appeals were made frequently to the people, and new ministries formed,—in fact, five within two years—but the sectional difficulties had obviously reached a point where it was not possible to carry on successfully the administration of public affairs. On the 14th June, 1864, a committee of the legislative assembly of Canada, of whom Mr. Brown was chairman, reported that "a strong feeling was found to exist among the members of the committee in favour of changes in the direction of a federal system, applied either to Canada alone or to the whole of the British North American provinces." On the day when this report was presented, the Conservative government, known as the Taché-Macdonald ministry, suffered the fate of many previous governments for years, and it became necessary either to appeal at once to the people, or find some other practical solution of the political difficulties which prevented the formation of a stable government. Then it was that Mr. Brown rose above the level of mere party selfishness, and assumed the attitude of a statesman, animated by patriotic and noble impulses which must help us to forget the spirit of sectionalism and illiberality which so often animated him in his career of heated partisanship. Negotiations took place between Mr. John A. Macdonald, Mr. Brown, Mr. Cartier, Mr. Galt, Mr. Morris, Mr. McDougall, Mr. Mowat, and other prominent members of the Conservative and Reform parties, with the result that a coalition government was formed on the distinct understanding that it would "bring in a measure next session for the purpose of removing existing difficulties by introducing the federal principle into Canada, coupled with such provisions as will permit the maritime provinces and the north-west territories to be incorporated into the same system of government." The Reformers who entered the government with Macdonald and Cartier on this fundamental condition were Mr. Brown, Mr. Oliver Mowat, and Mr. William McDougall, who stood deservedly high in public estimation.

While these events were happening in the Canadas, the maritime provinces were taking steps in the direction of their own union. In 1861 Mr. Howe, the leader of a Liberal government in Nova Scotia, carried a resolution in favour of such a scheme. Three years later the Conservative ministry of which Dr., now Sir, Charles Tupper, was premier, took measures in the legislature of Nova Scotia to carry out the proposition of his predecessor; and a conference was arranged at Charlottetown between delegates from the three provinces of Nova Scotia, New Brunswick, and Prince Edward Island By a happy forethought the government of Canada, immediately on hearing of this important conference, decided to send a delegation, composed of Messrs J.A. Macdonald, Brown, Cartier, Galt, McGee, Langevin, McDougall, and Campbell. The result of the conference was favourable to the consideration of the larger question of the union of all the provinces; and it was decided to hold a further conference at Quebec in October for the purpose of discussing the question as fully as its great importance demanded.