The language addressed from the Throne to the Imperial Parliament is this: ” Her Majesty has had great satisfaction in giving Her sanction—”to what?—” to the meeting of a conference of delegates from the several North American Provinces, who, on invitation from Her Majesty’s Governor General, assembled at Quebec.”

It is true we are not actually giving up the American colonies,—nay, the despatch we are quoting does not contain the slightest hint that such a possibility ever crossed the mind of the writer; but yet it is perfectly evident—and there is no use in concealing the fact—that the Confederation movement considerably diminishes the difficulty which would be felt by the colonies in separating from the Mother Country. Even now the North American Confederation represents a state formidable from the numbers of its hardy and energetic population, and capable, if so united, of vigorously defending the territories it possesses. A few years will add greatly to that population, and place Canada, Hochelaga, Acadia, or by whatever other name the Confederacy may think fit to call itself, quite out of the reach of invasion or conquest. Such a state would not only be strong against the Mother Country under the impossible supposition of our seeking to coerce it by force, but it might be separated from us without incurring the disgrace of leaving a small and helpless community at the mercy of powerful and warlike neighbors.

“The second point which Her Majesty’s Government desire should be reconsidered”—and this phrase is positively, so far as words can give it, a command on the part of Her Majesty’s Government that it shall be reconsidered :— The second point which Her Majesty’s Government desire should be reconsidered is the constitution of the Legislative Council. They appreciate the considerations which have influenced the Conference in determining the mode in which this body, so important to the constitution of the Legislature, should be composed. But it appears to them to require further consideration whether, if the members be appointed “for life, and their number be fixed, there will be any sufficient means of restoring harmony between the Legislative Council and the popular Assembly, if it shall ever unfortunately happen that a decided difference of opinion shall arise between them. These two points, relating to the prerogative of the Crown and the Constitution of the Upper Chamber have appeared to require distinct and separate notice. Is not that a pretty emphatic dissent ?

Her Majesty’s Government cannot but express the earnest hope, that the arrangements which may be adopted in this respect may not be of such a nature as to increase—at least in any considerable degree—the whole expenditure, or to make any material addition to the taxation, and thereby retard the internal industry, or tend to impose new burdens on the commerce of the country.

First, an objection is raised as to the want of accurate determination of the limits between the authority of the Central and that of the local legislatures.

we are trying to strengthen our union with the Mother Country—that we care far less about a mere union with neighboring provinces, which will frighten no one in the least, but that we arc determined to maintain at all hazards and draw closer, that connection with the Mother Country which alone, so long as it lasts, can and will protect us from all serious aggression. (Hear, hear.) But we are told that, on account of a variety of considerations connected with the state of opinion at home, and out of deference to that opinion, we must positively carry out this scheme.

If, now, a different idea is to prevail—if the notion is to go abroad that we are, by creating ourselves into a new nationality, to be somewhat less connected with the Empire than these provinces heretofore have been, then I do apprehend that a very different future is before us, and that in all sorts of ways, by vexations of all kinds, by the fomenting of every trouble within our own borders, whether originating from abroad, or only reacted on from abroad, we shall be exposed to dangers of the most serious kind.

In and before 1840, after the troubles which had been distracting Canada were put down, it was declared, and perfectly well understood, that the Imperial Government was simply determined to hold on to the connection with this country.

It is quite right that the General Government should have such powers; but the very fact of our having to make a reservation of this kind, is an unpleasant recognition of the fact, in itself the reverse of encouraging, of the all darkening neighborhood of the United States.

We are here proposing to create in this part of the Queen’s dominions a mere sub-federation, so to speak, tending, so far as it tends to anything, towards the exclusion of this kind of provision.

if our connection with the Empire is to last, we must have—this department of our public affairs attended to by a regularly appointed Minister of the Crown here, who, whenever occasion requires, may explain them and who shall be responsible to this House. Of course, nobody denies that the Governor General is the channel of communication between us and the Imperial Government. He is the Queen’s representative and servant, and his communications with the Home Government must be of the most confidential character, except in so far as he may see fit to make them known. But fully admitting this, still besides those communications of this character which he may, have and indeed at all times must have unrestrictedly with the Imperial Government, there should be—and, if our Imperial relations are to be maintained, there must be—a further class of communications between the two governments, as to which the Governor should be advised by a minister whose particular duty it should be to manage affairs between the Mother Country and ourselves, and to be in effect a local adviser, as to such matters, of the Imperial advisers of the Crown in England.

dency. (Hear, hear.) All the great provinces are flying off too much, attending too exclusively to mere local considerations, too little to those of the general or Imperial kind. And at home, as we seem to be flying off, they, too, are thinking of us and of the interests they and we have in common less and less. What is wanting, if one is to look to the interest of the Empire, which is really that of all its parts—what is wanting, as I have said, is an effective federalization of the Empire as a whole, not a subordinate federation here or there, made up out of parts of it. I have neither time nor strength to-night to go fairly into the question of how this thing should be done; but a few words more as to that, I must be pardoned for.

Your Federal Government will occupy about as anomalous a position between the Imperial and provincial governments as I showed, last night, will be occupied by your lieutenant governors between the Federal authority and the provinces. Both will be out of place, and to find themselves in work they must give trouble. I do not see how they can do good, but I do see how they can do any quantity of harm. (Hear, hear.) The real difficulty in our position is one that is not met by the machinery here proposed. What is that difficulty? In the larger provinces of the empire we have the system of responsible government thoroughly accorded by the Imperial Government, and thoroughly worked out; and the difficulty of the system that is now pressing, or ought to be, upon the attention of our statesmen is just this—that the tie connecting us with the Empire, and which ought to be a federal tie of the strongest kind, is too slight, is not, properly speaking, so much as a federal tie at all. These provinces, with local responsible government, are too nearly in the position of independent communities; there is not enough of connection between them and the parent state to make the relations between the two work well, or give promise of lasting long. There is in the machinery too much of what may be called the centrifugal ten-

when we propose to create a Federal Government between the Imperial and Provincial, we are equally proposing to create a something which, having nothing of its own to do, must find work by encroaching on the functions of the Imperial and provincial governments in turn, with no place among nations, no relations with other countries, no foreign policy; it will stand in just the same position towards the Imperial Government as Ganada now stands in, or as Upper or Lower Canada before the union used to occupy. That intermediate work of government which is now done by the Province of Canada, the Province of New Brunswick, the Province of Nova Scotia, the Province of Prince Edward Island and the Province of Newfoundland, is to be done, part by the Federal Government and part by the provinces. The work is simply divided that is now done by the provincial legislatures and governments, and in my opinion there is no use in this subdivision of work at all. You are putting this fifth wheel to the coach, merely to find out that a misfitting odd wheel will not serve any useful purpose, nor so much as work smoothly with the other four.

The Imperial Government will be the head of the Empire as much as ever, and will alone have to attend to all foreign relations and national matters ; while we shall be nothing more than we are now. Half-a-dozen colonies federated are but a federated colony after all. Instead of being so many separate provinces with workable institutions, we are to be one province most cumbrously organised—nothing more.

Unlike the people of the United States, we are to have no foreign relations to look after, or national affairs of any kind; and therefore our new nationality, if we could create it, could be nothing but a name. I must say that according to my view of the change we ought to aim at, any idea of Federation that we may entertain had need take an Imperial direction. Whenever changing our institutions, we had need develop and strengthen—not merely maintain, but maintain, develop and strengthen—the tie, not yet Federal as it ought to be, between us and the parent state.

I am free to admit that a reduction of the tariff on certain articles, or even some measure of reduction all round, might be no material loss, or might even be a gain, to the revenue— in ordinary or prosperous times, that is to say. But when the object of reducing the tariff is to meet other exigencies than those of revenue, one can hardly hope to get such a tariff as shall give us the largest revenue attainable. And besides, no one can deny that we are about entering upon a time, commercially speaking, that may be termed hard.

We are marching fast and steadily towards free trade. We must meet the views of the people of the Lower Provinces, who are hostile to high tariffs, and the demand of the Imperial authorities that we should not tax their manufactures so heavily as—in their phrase—almost to deprive them of our market. It was distinctly and officially stated the other day, in Newfoundland, that assurance had been given to the Government of Newfoundland that the views of the Canadian Government are unmistakably in this direction. And I do not think there is any mistake about that, either. To show how people at home, too, expect our tariff to come down, I may refer to the speech of Mr. HAMBURY TRACY, in seconding the Address in answer to the Speech from the Throne, in the House of Commons the other day. He could not stop, after saying generally that he was pleased with this Confederation movement, without adding that he trusted it would result in a very considerable decrease in the absurdly high and hostile tariff at present prevailing in Canada.

The same sort of thing may be looked for in reference to the New Brunswick timber export duty and the Nova Scotia mineral export duty. Here is one form of the cry that may be raised; ” You give these exceptional privileges to New Brunswick and Nova Scotia; give them, or some equivalent, to us also.”

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In order to protect local interests, and to prevent sectional jealousies, it was found requisite that the three great divisions into which British North America is separated, should be represented in the Upper House on the principle of equality. There are three great sections, having different interests, in this proposed Confederation.

To the Upper House is to be confided the protection of sectional interests ; therefore is it that the three great divisions are there equally represented, for the purpose of defending such interests against the combinations of majorities in the Assembly.

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We may, however, place just confidence in the development of our resources, and repose in the belief that we shall find in our territorial domain, our valuable mines and our fertile lands, additional sources of revenue far beyond the requirements of the public service.

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If we require to find an example of the benefits of free commercial intercourse, we need not look beyond the effects that have followed from the working of the Reciprocity Treaty with the United States. In one short year from the time when that treaty came into operation, our trade in the natural productions of the two countries swelled from less than $2,000,000 to upwards of $20,000,000 per annum, and now, when we are threatened with an interruption of that trade—when we have reason to fear that the action of the United States will prove hostile to the continuance of free commercial relations with this country, when we know that the consideration of this question is not grounded on just views of the material advantages resulting to each country but that the irritation connected with political events exercises a predominant influence over the minds of American statesmen, it is the duty of the House to provide, if possible, other outlets for our productions. If we have reason to fear that one door is about to be closed to our trade, it is the duty of the House to endeavour to open another; to provide against a coming evil of the kind feared by timely expansion in [Page 65] another direction; to seek by free trade with our own fellow colonists for a continued and uninterrupted commerce which will not be liable to be disturbed at the capricious will of any foreign country.

Now, when we were united together, if union were attained, we would form a political nationality with which neither the national origin, nor the religion of any individual, would interfere. It was lamented by some that we had this diversity of races, and hopes were expressed that this distinctive feature would cease. The idea of unity of races was Utopian—it was impossible. Distinctions of this kind would always exist. Dissimilarity, in fact, appeared to be the order of the physical world and of the moral world, as well as in the political world. But with regard to the objection based on this fact, to the effect that a great nation could not be formed because Lower Canada was in great part French and Catholic, and Upper Canada was British and Protestant, and the Lower Provinces were mixed, it was futile and worthless in the extreme. Look, for instance, at the United Kingdom, inhabited as it was by three great races. (Hear, hear.) Had the diversity of race impeded the glory, the progress, the wealth of England? Had they not rather each contributed their share to the greatness of the Empire? Of the glories of the senate, the field, and the ocean, of the successes of trade and commerce, how much was contributed by the combined talents, energy and courage of the three races together? (Cheers.) In our own Federation we should have Catholic and Protestant, English, French, Irish and Scotch, and each by his efforts and his success would increase the prosperity and glory of the new Confederacy. (Hear, hear.) We viewed the diversity of races in British North America in this way: we were of different races, not for the purpose of warring against each other, but in order to compete and emulate for the general welfare.

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we shall always have our court of final appeal in Her Majesty’s Privy Council

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But the very essence of our compact is that the union shall be federal and not legislative. Our Lower Canada friends have agreed to give us representation by population in the Lower House, on the express condition that they shall have equality in the Upper House. On no other condition could we have advanced a step ; and, for my part, I am quite willing they should have it. In maintaining the existing sectional boundaries and handing over the control of local matters to local bodies, we recognize, to a certain extent, a diversity of interests ; and it was quite natural that the protection for those interests, by equality in the Upper Chamber, should be demanded by the less numerous provinces.

accustom the people to direct taxation

Men who for years past have devoted their pen to the unhallowed work of undermining the Catholic religion and vilifying its ministers, who have long aimed at destroying in the minds of French-Canadians all love for their peculiar institutions—the safeguards of our nationality

any injustice to Upper Canada could arise. And then my honorable friend will see how it is to be distributed afterwards in the way of population, so that although there might be a little loss in the first instance, there would be an immense gain in the end.

We find a section of the people in Lower Canada opposing the work on the ground that it will tend to destroy their language and nationality ; and we find also the British element in Lower Canada complain that in the arrangement for the Local Legislature their rights and privileges will be swept away. (Hear, hear.) On the other hand, Upper Canadians are opposing the scheme as injurious to their true interests, and asserting that the financial difficulties likely to arise under it will be detrimental to the welfare of the west ; so that where there is such great diversity of opinion, it was impossible to mature a scheme which should be in all respects perfect and satisfactory. No doubt Upper Canada has some cause to complain. For instance, the eighty cents per head for carrying on the local governments appears unfair in principle to Upper Canada, and as such they have reason to feel dissatisfied. This apportionment is on the present basis of population, and whatever may be the increase in numbers of the western section of the province, if even we increase during the next ten years in the same ratio that we have been increasing for the past ten years ; if we double our population we shall still only get the eighty cents per head for the present population. There is no doubt this is an objectionable feature. HON. MR. BROWN—Will my honorable friend allow me to assure him that he is slightly in error, and to show him how he is so ? Supposing we increase in population, the other provinces will increase also, and the only unfairness that could possibly exist in the case supposed would be in so far as the population of Upper Canada was relatively greater than that of the other provinces. HON. MR. HOLTON—It is a matter of ratio. HON. MR. BROWN—Yes, it is simply a question of ratio. My honorable friend will see how the principle works. At the rate we are proceeding now, some 2 1/2, 3, or 4 per cent., it would take a great many years before

But I have failed to see, and I yet fail to see, that the Liberal party of Upper Canada have ever given up the advocacy of representation by population. We found all parties in Lower Canada—both the English-speaking population and French-speaking population —refusing to concede to us what we conceived to be this just and proper principle; and when the opportunity was offered to us of relieving the country from its difficulties, we felt that no party considerations or party ties should be allowed to interfere with what we conceived to be our sacred duty to our constituents and our country.

As a commercial work, I have looked into it in all its bearings, and have failed to see the advantages it will confer. The farmers of the grain-producing districts of Upper Canada have the same market to sell their surplus products as the farmers of the States, that is, the English market. Now, I think it is impossible to show that the produce of Upper Canada can be conveyed by this Intercolonial Railway to the seaboard, and thence to Liverpool, as profitably as the Americans can carry it to the seaboard at New York and thence to the English market. If by the one route the grain cannot be carried as cheaply as by the other, it is impossible for the Canadian farmer or merchant to be placed in as good a position as the American. But if, having constructed the Intercolonial Railway, our Government says, ” We will compete with the Americans ; we will put the rates of transportation so low as to offer our farmers as cheap a route by it as by the States,” then the cost of this will have to be borne by the people in another way, for the road failing to pay even expenses, the excess of expenditure will become a charge upon the country for years.

Now, sir, I believe that in a commercial, agricultural, and defensive point of view, the union would be desirable. Placed as we are now, with the abrogation of the Reciprocity treaty threatened, does it not become our duty, I ask, to make some effort to change and improve our condition ? As I stated, sir, the subject has been so ably placed before this House by honorable gentlemen who have preceded me, and who are so much more capable of dealing with it than I am, that I will not attempt to repeat the arguments in favor of this scheme, commercially, financially, and politically, which have already been adduced. But there are one or two points as to the resources of the whole of British North America, to which I would for a moment invite the attention of the House. The union is desirable with a view to the development of our mineral resources. In British Columbia and Vancouver’s Island the gold fields equal, if they do not exceed in value, those of any other part of the world. Iron we have in that vast extent of country lying between the Rocky Mountains and Lake Superior, a country equal if not superior, for the purposes of settlement and cultivation to any we have in Canada, and whose area is estimated at from eighty to one hundred million acres. Then, again, we have magnificent iron and copper mines in Canada, while the Lower Provinces possess vast mineral resources, extensive coal fields, and valuable fisheries.

33rd sub-section gives to the General Gov.- ornament the power of ” rendering uniform all or any of the laws relative to property and civil rights in Upper Canada, Nova Scotia, New Brunswick, Newfoundland, and Prince Edward Island, and rendering uniform the procedure of all or any of the courts in these provinces ; but any statute for this purpose shall have no force or authority in any province until sanctioned by the legislature thereof.” So that in reality no such law will be binding until it has the sanction of the Local Legislature of the province particularly affected thereby. Such being the guarded terms of the resolution, why is it not made applicable to Lower Canada as well as to the other provinces ? Nothing could be done respecting its peculiar laws without the consent of its Local Legislature, and it is quite possible to my mind, that there are some laws which it would be advantageous to all parts of the Confederation to assimilate. But they emphatically declare in these redo- lotions that there shall be no interference with the laws of Lower Canada. So that while it is proposed to assimilate the laws of the other provinces, there is a large section of intervening country which is to have, for all time to come, laws separate and distinct from the rest.

Well, provision has been made for the consolidation of these laws; but observe how religiously the laws of Lower Canada are guarded from interference. The

” The Local Government and Legislature of each province shall be constructed in such manner as the existing legislature of each such province shall provide.” I do not understand from this whether it is competent or not for us in this Legislature, before there is a Federal union, to make provision for the Local Government and Legislature, or whether we are to await the action upon the subject of Federation of the Imperial Government. Our action, one should suppose, ought to be taken after the Imperial Government has pronounced. Perhaps this is the intention. Mr. SPEAKER, they refuse to tell us anything about it. It may be that, as soon as these resolutions are carried, we will be sent about our business ; that the Imperial Legislature will be invited to pass an act, and that they will convene us again, provision being made for that course, and so in point of fact, having once affirmed the principle of Federation, we will have to accept such local legislatures as they choose to give us.

they have declined to allow us to understand what sort of a local legislature we are to have They will not tell us how our Executive is to be formed. They will not tell us whether we are to have legislative councils in Upper and Lower Canada, and whether or not they will be elected councils. They will not tell us what number of members will constitute the Executive Council of the Confederation, nor what influence each individual province will have in that government. They will not bring down the scheme for the local legislatures. They tell us that it is better to withhold those details—that we are dealing with Federation alone, and have no business discussing local governments What is the object of all this vagueness ?

however, have said that they were in favor of direct taxation for the support of the local governments, because it would lead those who have to pay the taxes to look more closely into what was going on, and the manner in which their money was expended. (Hear, hear.) There seems also to have been a feeling in the Lower Provinces in favor of a legislative union, and the Hon. Mr. GREY seems to be combatting that idea. He says that with a legislative union, municipal institutions, and direct taxation in every province, would be the only means of getting along. He expressed himself as opposed to that and in favor of a Federal union, which he thought would afford them all the advantage that could be attained, commercially, by union, and would allow each province to retain control over its own local affairs. The local legislatures, he said, were to be deprived of no power over their own affairs that they formerly possessed. But in Canada it was represented that the local legislatures were to be only the shadow of the General Legislature—that they were to have merely a shadow of power, as all their proceedings were to be controlled by the Federal Government. That is the position taken by the advocates of the measure on this floor. So it seems that those gentlemen who have represented to us that they acted in great harmony, and came to a common decision when they were in conference, take a widely different view of the questions supposed to have been agreed upon, and give very different accounts of what were the views of parties to the conference on the various subjects. (Hear, hear.) In the Lower Provinces they were strongly opposed to direct taxation, while here it was present end as one of the advantages to accrue from the Federation. (Cries of No, no.) Well, Mr. SPEAKER, I say yes. That view of the case has been taken. If the amount allowed for the expenses of local legislation—the 80 cents per head—was found insufficient, the local parliaments must resort to direct taxation to make up the deficiency, while in tile Lower Provinces, it seems, nothing of that kind was to follow.

The Federal character of the United States Government has been referred to prove that it has increased the prosperity of the people living under it; but in point of fact the great and relentless war that is now raging there—that fratricidal war in which brother is arrayed against brother, filled with hatred toward each other, and which has plunged the country into all the horrors of the deadliest strife—is the strongest comment upon the working of the Federal principle—the strongest argument against its application to these provinces. (Hear, hear.) The French element in Lower Canada will be separated from us in its Local Legislature and become less united with us than it is now ; and therefore there is likely to be disagreement between us. Still more likely is there to be disagreement when the people of Upper Canada find that this scheme will not relieve them of the burdens cast upon them, but, on the contrary, will subject them to a legislature that will have the power of imposing direct taxation in addition to the burdens imposed by the General Government. When they find that this power is exercised, and they are called upon to contribute as much as before to the General Government, while taxed to maintain a separate Local Legislature—when they find that the material question is to weigh with them, they will look to the other side of the line for union. I feel that we are going to do that which will weaken our connection with the Mother Country, because if you give power to legislate upon the same subjects to both the local and the federal legislatures, and allow both to impose taxation upon the people, disagreements will spring up which must necessarily have that effect. (Hear, hear.) Then again, by this scheme that is laid before us, certain things are to be legislated upon by both the general and the local legislatures, and yet the local legislation is to be subordinate to the legislation of the Federal Parliament. For instance, emigration and agriculture are to be subject to the control of both bodies. Now suppose that the Federal Legislature chooses to decide in favor of having emigration flow to a particular locality, so as to benefit one province alone—I do not menu this expression to be understood in its entire sense, because I think that emigration in any one portion will benefit the whole, but it will benefit the particular locality much more at the time—and if provision is made by the General Legislature for emigration of that kind, and grants are made from the public funds to carry it out, it will cause much complaint, as the people who are paying the greatest proportion of the revenue will be subject to the drafts upon them as before.

He says :—” It is not a question of interest, or mere commercial advantage ; no, it is an effort to establish a new empire in British North America.”

HON. ATTY. GEN. CARTIER—Allow me to make a remark. A little while ago the honorable gentleman quoted from a speech of Hon. Mr. TILLEY, in which that gentleman supposed the case, that on some evil day Upper Canada, actuated by selfish motives, would endeavor to obtain the passing of some measure that would be conducive to her exclusive aggrandizement. ” In that event,” said Hon. Mr. TILLEY, addressing himself to his people below, with the view of meeting that hypothetical case, “you will have the sixty-five members from Lower Canada and the forty-seven from below, to unite in resisting any attempt of the kind.” On that account the honorable member for North Ontario has stated that he is opposed to this scheme of Federation. He prefers a legislative union ; but of course with a legislative union there would be the same ratio of representation, and his opposition, on this particular ground, ought to apply to the one system as much as to the other.

Hon. Mr. TILLEY made this representation in a speech which he delivered on the 17th November last :— So close is the contest between parties in the Canadian Legislature, that even the five Prince Edward Island members by their vote could turn victory on whatever side they chose, and have the game entirely in their own hands. Suppose that Upper Canada should attempt to carry out schemes for her own aggrandizement in the west, could she, with her eighty-two representatives, successfully oppose the sixty-five of Lower Canada and the forty-seven of the Lower Provinces, whose interests would be identical ? Certainly not ; and she would not attempt it. MR. H. MACKENZIE—What has that to do with representation by population ? MR. M. C. CAMERON—” What has that to do with representation by population ?” asks the hon. gentleman. Representation by population was agitated, so far as Upper Canada is concerned, because we are paying so large a proportion of the revenue of the country ; and should the Lower Provinces have a corresponding voice, we should still pay the same proportion of revenue—instead, in fact, of standing on an equality, we would have thirty voices more to contend against. (Hear, hear.) Now, let us see whether, in another point of view, it is going to benefit us. It is represented by this same gentleman in the Lower Provinces that, when this change takes place, they will be relieved from the burdens they now bear

it would be exceedingly inconvenient to manage the local affairs of so widely extended a country. I did not say that we could not exercise a general control over the country.

I believe that when these colonies are combined, acting in concert, and quickened and invigorated by a feeling of mutual dependence and interest, the tendency will be to increase their wealth and manufactures, and general strength. And, sir, I am satisfied one of the great advantages cf this union will be found in this that wk. will be raised above our sectionalisms, and come to feel and to act as the citizens of a great country, with destinies committed to us such as may well evoke the energies of a great people.

Ourselves from that protection we have so long enjoyed; but we desire, while remain- in under that protection, to do all that lies in our power for our self-defence, and for the development of all the great interests which Providence has committed to our trust; and we seek at the hands of the British Parliament such legislation as will enable us to accomplish these great ends for the whole of British America.

But, as I have stated, I think the Conference has been exceedingly happy in the plan they have submitted for our adoption A community of British free- men as we are, deliberately surveying our past as well as our present position, and look- in forward to our future, we in effect resolve that we will adhere to the protection of the British Crown; that we will tell the GOLDWIN SMITH school–these who are crying out for cutting off the colonies—that we will cling to the old Mother Land –(hear, hear)–we desire to maintain our connection; we have no desire to withdraw

The first steps towards a Federation of the American Colonies would thus bus to form them all into one state, to give that state a completely organized government, and then to delegate to each of the colonies out of which that great state is formed, such powers of local government as may be thought necessary, reserving to the Central Government all such powers as are not expressly delegated. The Government of New Zealand forms a precedent well worthy the attention of those who are undertaking this arduous negotiation. And I cannot doubt that the framers of this Constitution have studied the precedent as well of the proposed Constitution of Australia, as that of the Constitution of New Zealand, which has been in use for ten years past.

The great weakness of the American system has lain in the fact that the several states, on entering the union, claimed independent jurisdiction ; that they demitted to the Central Government certain powers, and that they claimed equal and sovereign powers with regard to everything not so delegated and demitted. The weaknesses aid difficulties of that system have been avoided in the project now before us, and we have the central power with defined and sovereign powers, and the local parliaments with their defined and delegated powers, but subordinated to the central power. The article says: — It is quite clear that the Federal Constitution of the United States of America forms a precedent which cannot possibly be followed in its principles or details by the united colonies, so long as they remain part of the dominions of the Imperial Crown. The principle of the American Federation is, that each is a sovereign state, which consents to delegate to a central authority a portion of its sovereign power, leaving the remainder, which is not so delegated, absolute and intact in its own hands. This is not the position of the colonies, each of which, instead of being an isolated sovereign state, is an integral part of the British Empire. They cannot delegate their sovereign authority to a central government, because them do not possess the sovereign authority to delegate. The only alternative as it seems to us would be to adopt a course exactly the contrary of that which the United States adopted, and instead of taking for their motto E Pluribus Unum, to invert it by saying In Uno Plural.

That the separate states be not so powerful as to be able to rely for protection against foreign encroachment on their individual strength. That is a condition which applies most forcibly in our case. (Hear, hear.) The third condition is :— That there be not a very marked inequality of strength among the several contracting states.

that prestige and power which go with every British subject to every civilized part of the globe, enabling him to say, like the old Roman, ” I am a British citizen.” EARL GREY states that :— The possession of a number of steady and faithful allies, in various quarters of the globe, will surely be admitted to add greatly to the strength of any nation ; while no alliance between independent states can be so close and intimate as the connection which unites the colonies to the United Kingdom as parts of the Great British Empire. Nor ought it to be forgotten, that the power of a nation does not depend merely on the amount of physical force it can command, but rests, in no small degree, upon opinion and moral influence. In this respect British power would be diminished by the loss of our colonies, to a degree which it would be difficult to estimate. Passing on a little, we find him saying :— To the latter [i. e. the colonists] it is no doubt of far greater importance than to the former, because, while still forming comparatively small and weak communities, they enjoy, in return for their allegiance to the British Crown, all the security and consideration which belongs to them as members of one of the most powerful states in the world. No foreign power ventures to attack or interfere with the smallest of them, while every colonist carries with him to the remotest quarters of the globe which he may visit, in trading or other pursuits, that protection which the character of a British subject everywhere confers. (Hear, hear.) But to view the subject in another aspect. I believe it will be found that all the conditions are combined in the scheme now before us, that are considered necessary for the formation on a permanent basis of a Federative union. I hold in my hand a book of some note on Representative Government, by JOHN STUART MILL, and I find that he lays down three conditions as applicable to the union of independent states, and which, by parity of reasoning, are applicable to provinces which seek to have a closer alliance with each other, and also, thereby, a closer alliance with the Mother Country. The conditions he lays down are first,— That there should be a sufficient amount of mutual sympathy among the populations. And he states that the sympathies which they should have in common should be— Those of race, language, religion, and, above all, of political institutions, as conducing most to a feeling of identity of political interest.

I proposed and drew up a plan for the union of all the colonies under one government, so far as might be necessary for defence and other important general purposes. By my plan, the General Government was to be administered by a President- General, appointed and supported by the Crown, and a General Council, to be chosen by the representatives of the people of the several colonies, met in the respective assemblies. The plan was agreed to in Congress, but the assemblies of the provinces did not adopt it, as they thought there was too much prerogative in it, and in England it was judged to have too much of the democratic. The different and contrary reasons of dislike to my plan made me suspect that it was really the true medium, and I am still of opinion it would have been happy for both sides if it had been adopted. The colonies so united would have been strong enough to have defended themselves; there would then have been no need of troops from England ; of course the subsequent pretext for taxing America, and also the bloody contest it occasioned, would have been avoided.

The New York Conner and Inquirer, in an article published at that time, came to the conclusion “that the union would, in fact, be an argument for a continuance of the existing relations between the two countries: is a matter of policy and gratitude, and that such a change of government could be met with no objection of any weight.”

But I will state why this union is c: inculcated to prolong our connection with Britain. I t is well known that there has been an entire and radical change of late in the colonial policy of England. That policy has been to extend to us the utmost liberty in our relations to the Empire. What is after all the nature of the bond, which links us to Great Britain, apart from our allegiance and loyalty? What is it but a Federative bond ? That is what links us to Britain,and I feel quite satisfied, in the words of an English publicist of some eminence, that ” the new colonial policy is calculated to prolong the connection of the colonies with the Mother Country.” I believe it will raise these provinces as part of the British Empire, and so secure to us the permanency of British institutions, and bind us more closely to the Crown.

I believe that the plan of union proposed will be found to meet the exigencies of our local position, give latitude to local development, and due protection to local interests, and yet secure that general control which is essentially necessary for the proper government of a country placed under the dominion of the British Crown.

It was pledged to introduce the Federative system into the Government of Canada, with special provisions for the incorporation into this Federation of the Maritime Provinces, and it was also pledged to send delegates to those provinces and invite them to join us in this Federation.

” I propose, in the course of the recess, to communicate with Her Majesty’s Government and with the government of the sister colonies, on another matter of very great importance. I am desirous of inviting them to discuss with us the principles on which a bond of a federal character uniting the provinces of British North America may, perhaps, hereafter be practicable.”

And when we look to the vast territory we have in the North-West; when we know that the great rivers which flow through that territory, flow through immense beds of coal, and that the whole country is rich in mineral deposits of all kinds—petroleum, copper, gold and iron; that the land is teeming with resources of wealth calculated to build up an extensive and valuable commerce, and support a powerful nation; that all this we can touch and seize upon the moment we are prepared to open up a way to reach them and allow the settler to enter ; when we remember this, I say, I think we can look forward with hope to a prodigious increase in our population and an immense development of strength and power.

Everything is not provided for, because a great deal is trusted lo the common sense of the people. I think it is quite fair and safe to assert that there is not the slightest danger that the Federal Parliament will perpetrate any injustice upon the local legislatures, because it would cause such a reaction as to compass the destruction of the power thus unjustly exercised. The veto power is necessary in order that the General Government may have a control over the proceedings of the local legislatures to a certain extent. The want of this power was the great source of weakness in the United States, and it is a want that will be remedied by an amendment in their Constitution very soon. So long as each state considered itself sovereign, whose acts and laws could not be called in question, it was quite clear that the central authority was destitute of power to compel obedience to general laws. If each province were able to enact such laws as it pleased, everybody would be at the mercy of the local legislatures, and the General Legislature would become of little importance. It is contended that the power of the General Legislature should be held in check by a veto power with reference to its own territory, resident in the local legislatures, respecting the application of general laws to their jurisdiction. All power, they say, comes from the people and ascends through them to their representatives, and through the representatives to the Crown. But it would never do to set the Local above the General, Government. The Central Parliament and Government must, of necessity, exercise the supreme power, and the local governments will have the exercise of power corresponding to the duties they have to perform. The system is a new and untried one, and may not work so harmoniously as we now anticipate, but there will always but p ¡war in the British Parliament and our own to remedy any defects that may be discovered after the system is in operation. Altogether, I regard the scheme as a magnificent one, and I look forward to the future with anticipate- tins of seeing a country and a government possessing great power and respectability, and of being, before I die, a citizen of an immense empire built up on our part of the North American continent, where the folds of the British flag will float in triumph over a people possessing freedom, happiness and prosperity equal to the people of any other nation on the earth.

If the power that the central authority is to have—of vetoing the doings of the Local Legislature— is used, it will be ample, I think, to prevent anything of that kind. But the veto itself is objected to.

The question of the Northwest is most intimately connected with our prosperity as a people, and some exception has justly been taken to the 68th and 69th paragraphs in though resolutions, which say :— 68. The General Government shall secure, without delay, the completion of the Intercolonial Railway from Rivière du Loup through New Brunswick, to Truro in Nova Scotia. 69. The communications with the North-Western Territory and the improvements required for the development of the trade of the Great West with the sea-board, are regarded by this Conference as subjects of the highest importance to the Federated Provinces, and shall be prosecuted at the earliest possible period that the state of though finances will admit. MR. T. C. WALLBRIDGE—That is the point. MR. A. MACKENZIE—Yes, that is the point my hon. friend is very much exercised over, but he is quite as much in favor of Confederation as I am. In this paragraph, while it is pronounced indispensable to have the Intercolonial Railway built at once, it is only promised that as soon as the state of the finances will permit, the Northwest is to be taken in hand. I think it is absolutely necessary for the prosperity of this colony that our canal connection with the upper lakes should be perfected as early as possible. Our canal system must be improved so as to accommodate the large trade that is coming from the Northwest. On the northern shores of Lake Superior we have sources of wealth that are perfectly inexhaustible. We read only the other day that a mountain of iron had been discovered close to the coast, quite sufficient to supply the demands of the world for 500 years. We have in that locality an abundant supply of minerals of all kinds, and unless our canals are made capable of carrying that traffic, it will necessarily find channels in another direction. (Hear.)

HON. MR. BROWN—Hear, hear. That is the point, and therefore I accept, as a fair compromise, a second chamber nominated by the Confederate Cabinet.

establishing an Upper House. They have— reasoning doubtless from the same premises —not only given the legislatures of the respective states the power of nominating the members of the Senate, but have also given that body powers entirely different from those possessed by the elective branch.

And, besides that, we have provision made for extending the representation east or west, as occasion may require, according to the increase of our population shown at the decennial periods for taking the census. Any thing fairer than that could not possibly be demanded. And if Lower Canada increases more rapidly in population than Canada West, she will obtain representation accordingly. For, although the number of her members cannot be changed from sixty-five, the proportion of that number to the whole will be changed relatively to the progress of the various colonies. On the other hand if we extend, as I have no doubt we will do, westward, towards the centre of the continent, we will obtain a large population for our Confederation in the west. In that quarter we must look for the largest increase of our population in British America, and before many years elapse the centre of population and power will tend westward much farther than most people now think. The increase in the representation is therefore almost certain to be chiefly in the west, and every year will add to the influence and power of Western Canada, as well as to her trade and commerce. The most important question that arises relates to the constitution of the Upper House. It is said that in this particular the scheme is singularly defective—that there has been a retrograde movement in going back from the elective to the nominative system. I admit that this statement is a fair one from those who contended long for the application of the elective principle to the Upper House; but it can have no weight with another large class, who, like myself, never believed in the wisdom of electing the members of two Houses of Parliament with coordinate powers. I have always believed that a change from the present system was inevitable, even with our present political organization. (Hear, hear.) The constitution of an Upper House or Senate seems to have originated in the state of society which prevailed in feudal times ; and from being the sole legislative body—or at least the most powerful—in the State, it has imperceptibly become less powerful, or secondary in importance to the lower chamber, as the mass of the people became more intelligent, and popular rights became more fully understood. Where there is an Upper House it manifestly implies on the part of its members peculiar duties or peculiar rights. In Great Britain, for instance, there is a large class of landed proprietors, who have long held almost all the landed property of the country in their hands, and who have to pay an immense amount of taxes. The fiscal legislation of Britain for many years has tended to the reduction of impost and excise duties on articles of prime necessity, and to the imposition of heavy taxes on landed property and incomes. Under such a financial system, there are immense interests at stake, and the House of Lords being the highest judicial tribunal in the kingdom, there is a combination of peculiar rights and peculiar duties appertaining to the class represented which amply justify its maintenance. We have no such interests, and we-impose no such duties, and hence the Upper House becomes a mere court of revision, or one of coordinate jurisdiction ; as the latter it is not required ; to become the former, it should be constituted differently from the House of Assembly. The United States present the example of a community socially similar to ourselves,

At the time of the formation of the MACDONALD-SICOTTE Government, I was, with many others, strongly blamed, because we allowed that Government to come into existence at all. It is quite possible we were wrong; but I think after all it was fortunate that the hon. member for Cornwall (Hon. J . S. MACDONALD) had a fair opportunity to try his favourite remedy for our constitutional difficulties—the ” double majority principle.” That principle had been pressed on the attention of the country for ten years as one amply sufficient as a remedial measure, under which the existing political system could be harmoniously worked. In the MACDONALD-SICOTTE Government it had a fair trial and a speedy death. (Hear, hear, and laughter.) The existence of that Government, if it served no other purpose, showed the utter impracticability of the one means, by which my hon. friend hoped to accomplish what he, in common with ourselves, had long aimed at (Hear, hear. Now, supposing the Liberal party of the west had refused the terms offered by the present Administration— if we had declined to support a government which was really giving us nearly all we demanded—I do think we would have been fairly chargeable with creating if not advocating a state of anarchy. I think it would have been a most suicidal thing, if, having obtained—if not to the full extent, yet to a very great extent— the concession of the principle we had contended for so long, we had refused to accept the settlement offered, merely because a certain number of gentlemen, to whom we had been strongly opposed before, were among the leaders of the new movement.

He had looked at it in this way. The time had been when the people of Upper Canada imagined that the Lower Canadians were afraid to grant representation by population lest western reformers should interfere with their religious institutions. He was fully satisfied that that idea was entirely erroneous—that the French people never had the slightest fear of the kind, because they knew it would be political suicide, it would be absolute ruin to any political party having the administration of affairs in their hands, to perpetrate injustice on any section of the people, to whatever church they belonged. (Cheers.) There was one element, however, which always entered largely into the discussion of all our national questions, and that was that the French people were a people entirely different from ourselves in origin, and largely in feeling. We all had a certain pride in our native country, and gloried in the deeds of our ancestors. The French people had that feeling quite as strongly as any of us ; this reason, and also because they were a conquered people, they felt it necessary to maintain a strong national spirit, and to resist all attempts to procure justice by the people of the west, lest that national existence should be broken down. He (Mr. MACKENZIE) felt for one that mere representation by population, under such circumstances, would perhaps scarcely meet the expectations formed of it, because although Upper Canada would have seventeen more members than Lower Canada, it would be an easy thing for the fifty or fifty-five members representing French constituencies to unite with a minority from Upper Canada, and thus secure an Administration subservient to their views.

We felt that it was not fair—that it could not be just—that four men in Lower Canada should be equal, politically, to five men in Upper Canada. We complained that an eastern majority, in spite of our protestations, framed our laws.

reform of the representation on the basis of population as one remedy I believe to be an effective one.

I am not myself bound down to representation by population as the only possible measure. If the opponents of that measure can suggest any other remedy, I am quite willing to give it a candid consideration ; and I am quite sure that the large constituency I represent will support me in considering any measure which will place it out of the power of the Government of the day to perpetrate sectional injustice ; but until such a remedy is suggested, I feel bound to advocate

It is a principle of the British Constitution that the appropriation of any moneys from the taxes paid by the people, shall beat the disposal of Parliament.

It is called for by military reasons and commercial necessity, and the date of its construction cannot safely be postponed. Why, what have we not seen within a very recent period ? Restrictions have been put on goods sent through the United States, by the establishment of consular certificates, to such an extent that you could not send a bale of goods through the States without accompanying it with one of these certificates, the cost of which I am told was nearly $2—perhaps more than the worth of the package, or more than the cost of the freight. (Hear, hear.) Still further, the Senate of the United States had also before them a motion to consider under what regulations foreign merchandise is allowed to pass in bond through the neighbouring country ; and this was evidently done with an in tension of abolishing the system under which goods were permitted to pass in bond from England through the United States. I do not hesitate to say that if the bonding system were done away with, half the merchants in Canada would be seriously embarrassed if not ruined for the time. (Hear, hear.) In the winter season you could not send a barrel of flour to England—you could not receive a single package of goods therefrom. The merchants would have to lay in a twelve months’ stock of goods, and the farmer would be dependent on the condition of the market in spring, and would be compelled to force the sale of his produce at that moment, whether there was a profitable market for it then or not, instead of having as now a market at all seasons, as well in England as the United States. So that whatever sacrifices attach to the construction of the Intercolonial Railway, we must have it, seeing that it is impossible for us to remain in our present position of isolation and suspense. It is one of the unfortunate incidents of our position which we cannot get rid of. It will be a costly undertaking, but it is one we must make up our minds to pay for, and the sooner we set about its construction the better.

is of either religion, the dissentient minority —either Catholic or Protestant—have the right to establish dissentient schools. In the cities the majority being Catholics, the dissentient schools are Protestant, but in the townships, the majority is sometimes Protestant and the dissentient schools Catholic. MR. POPE—What will be the provision made, where the population is pretty sparse, as in some parts of my county ? Will you allow the minority of one township to join with a neighboring township for the purpose of establishing a dissentient school ? HON. MR. CARTIER—Yes. There will be a provision enabling the minority to join with their friends in a contiguous municipality in order to make up the requisite number. HON. J.S. MACDONALD—While the Government is in a communicative mood— (laughter)—I think it is of some importance that we should know whether it is the intention of the Government to extend the same rights and privileges to the Catholic minority of Upper Canada that are to be given to the Protestants of Lower Canada ? HON. MR. CARTIER—I cannot do my own work and the work of others. The Hon. Attorney General for Upper Canada is not present, but I have no doubt that on some future occasion he will be able to answer my honorable friend from Cornwall. HON. J . S. MACDONALD—In the absence of the Hon. Attorney General West, perhaps the Hon. President of the Council will be kind enough to give us the desired information ? HON. MR. BROWN—If my hon. friend wants an answer from me, I can only say that the Government has not yet considered the provisions of the School bill relating to Upper Canada. As soon as a bill is framed there will be no delay in laying it before the House.

HON. MR. CARTIER—The honorable member for Chateauguay has the laws of Lower Canada in his possession. Well, he will not find there that there is any such thing as Catholic or Protestant schools mentioned. What are termed in Upper Canada separate schools, come under the appropriate word, in Lower Canada, of dissentient. It is stated that where the majority

Everywhere. Not to Catholics alone either.

shall not have the same privilege of saying that his taxes shall be given to a dissentient school as if he resided upon the property.

The first thing I wish to mention has caused a good deal of difficulty in our present system, and that is, whether non-resident proprietors shall have the same right of designating the lass of schools to which their taxes shall be given as actual residents. That is one point—whether a person living out of the district or township

I would ask my honorable friend the Attorney General East, whether the system of education which is in force in Lower Canada at the time of the proclamation is to remain and be the system of education for all time to come ; and that whatever rights are given to either of the religious sections shall continue to be guaranteed to them ?

Now we, the English Protestant minority of Lower Canada, cannot forget that whatever right of separate education we have was accorded to us in the most unrestricted way before the union of the provinces, when we were in a minority and entirely in the hands of the French population. We cannot forget that in no way was there any attempt to prevent an educating our children in the manner we saw fit and deemed best ; and I would be untrue to what is just if I forgot to state that the distribution of State funds fur educational purposes was made in such a way as to cause no complaint on the part of the minority. I believe we have always had our fair share of the public grants in so far as the French element could control them, and not only the liberty, but every facility, for the establishment of separate dissentient schools wherever they were deemed desirable. A single person has the right, under the law, of establishing a dissentient school and obtaining a fair share of the educational grant, if he can gather together fifteen children who desire instruction in it. Now, we cannot forget that in the past this liberality has been shown to us, and that whatever we desired of the French majority in respect to education, they were, if it was at all reasonable, willing to concede. (Hear, hear.) We have thus, in this also, the guarantee of the past that nothing will be done in the future unduly to interfere with our rights and interests as regards education, and I believe that everything we desire will be as freely given by the Local Legislature as it was before the union of the Canadas. (Hear, hear.) But from whence comes the practical difficulty of dealing with the question at the present moment ? We should not forget that it does not come from our French-Canadian brethren in Lower Canada, but that it arises in this way—and I speak as one who has watched the course of events and the opinion of the country upon the subject—that the Protestant majority in Upper Canada are indisposed to disturb the settlement made a couple of years ago, with regard to separate schools, and rather to hope that the French majority in Lower Canada should concede to the English Protestant minority there, nothing more than is given to the minority in the other section of the province.

I wish to know what share of representation the English-speaking population of Lower Canada will have in the Federal Legislature, and whether it will be in the same proportion as their representation in this Parliament ? This is one point in which I think the English inhabitants of Lower Canada are strongly interested.

any law it might pass to this effect and set it at nought. HON. MR. HOLTON—Would you advise it? HON. ATTY. GEN. CARTIER—Yes, I would recommend it myself in case of injustice. (Hear, hear.) HON. MR. ROSE—I am quite sure my hon. friend would do it rather than have an injustice perpetrated. There is another pout upon which I would like to have from the Attorney General East an explicit statement of the views of the Government. I refer to the provision in the 23rd resolution which I have just read ; what I wish to know is whether the Legislature therein spoken of means the Legislature of the province of Canada as it is now constituted, and whether it is contemplated to have any change in the boundaries of the electoral districts for representation in the first session of the Federal Legislature ? HON. ATTY. GEN. CARTIER—With regard to Lower Canada, it is not the intention to make any alteration in the electoral districts, because there will be no change in the number of representatives sent to the General Parliament. But with regard to Upper Canada, there will be a change in the electoral districts, because there will be an increase of members from that section. HON. MR. ROSE—So that I clearly understand from the statement of the hon. gentleman that in Lower Canada the constituencies, for the purposes of the first ejection to the Federal Legislature, will remain as they are now ? HON. ATTY. GEN. CARTIER—Yes, as they are now. HON. MR. ROSE—And that as regards the representation in the Local Legislature, the apportionment of the electoral districts by it will be subject to veto by the General Government. HON. ATTY. GEN. CARTIER—Yes, in case of injustice being done. (Hear, hear.)

The 23rd resolution reads : ” The Legislature of each province shall divide such province into the proper number of constituencies, and define the boundaries of each of them.” Then the 24th resolution provides that ” the Local Legislature may from time to time alter the electoral districts for the purpose of representation in such Local Legislature, and distribute the representatives to which the province is entitled in such Local Legislature, in any manner such legislature may see fit.” In these resolutions I presume that power is given to the Legislature of each province to divide the province into the proper number of constituencies for representation in the Federal Parliament, and to alter the electoral districts for representation in the Local Legislature. Now, to speak quite plainly, the apprehension which I desire to say again I do not personally share in, but which has been expressed to me by gentlemen in my own constituency, is this, that with respect to the Local Legislature, it will be competent for the French majority in Lower Canada to blot out the English-speaking minority from any share in the representation, and so to apportion the electoral districts that no English speaking member can be returned to the Legislature. That is an apprehension upon which I would be very glad to have an expression of opinion by my hon. ironed the Attorney General East. As I read the resolutions, if the Local Legislature exercised its powers in any such unjust manner, it would be competent for the General Government to veto its action, and thus prevent the intention of the Local Legislature being carried into effect—even although the power be one which is declared to be absolutely vested in the Local Government, and delegated to it as one of the articles of its constitution.

Looking at the scheme, then, from the standpoint of an English Protestant in Lower Canada, let me see whether the interests of those of my own race and religion in that section are safely and properly guarded. There are certain points upon which they feel the greatest interest, and with regard to which it is but proper that they should be assured that there are sufficient safeguards provided for their preservation. Upon these points, I desire to put some questions to the Government. The first of these points is as to whether such provision has been made and will be carried out that they will not suffer at any future time from a system of exclusion from the federal or local legislatures, but that they will have a fair share in the representation in both; and the second is, whether such safeguards will be provided for the educational system of the minority in Lower Canada as will be satisfactory to them ?

Belonging to different races and professing a different faith, we live near each other ; we come in contact and mix with each other, and we respect each other ; we do not trench upon the rights of each other ; we have not had those party and religious differences which two races, speaking different languages and holding different religious beliefs, might be supposed to have had ; and it is a matter of sincere gratification to us, I say, that this state of things has existed and is now found amongst us. (Hear, hear.) But if, instead of this mutual confidence; if, instead of the English-speaking minority placing trust in the French majority in the Local Legislature, and the French minority placing the same trust in the English majority in the General Legislature, no such feeling existed, how could this scheme of Confederation be made to work successfully ? (Hear, hear.) I think it cannot be denied that there is the utmost confidence on both sides; I feel assured that our confidence in the majority in the Local Government will not be misplaced, and I earnestly trust that the confidence they repose in us in the General Legislature will not be abused. (Hear, hear.) I hope that this mutual yielding of confidence will make us both act in a high-minded and sensitive manner when the rights of either side are called in question

This is unquestionably a grave and serious subject of consideration, and especially so to the minority in this section of the province, that is the English-speaking minority to which I and many other members of this House belong, and with whose interests we are identified. I do not disguise that I have heard very grave and serious apprehensions by many men for whose opinions I have great respect, and whom I admire for the absence of bigotry and narrow-mindedness which they have always exhibited. They have expressed themselves not so much in the way of objection to specific features of the scheme as in the way of apprehension of something dangerous to them in it— apprehensions which they cannot state explicitly or even define to themselves. They seem doubtful and distrustful as to the consequences, express fears as to how it will affect their future condition and interests, and in fact they almost think that in view of this uncertainty it would be better if we remained as we are. Now, sir, I believe that the rights of both minorities—the French minority in the General Legislature and the English-speaking minority in the Local Legislature of Lower Canada—are properly guarded. I would admit at once that without this protection it would be open to the gravest objection ; I would admit that you were embodying in it an element of future difficulty, a cause of future dissension and agitation that might be destructive to the whole fabric ; and therefore it is a very grave and anxious question for us to consider —especially the minorities in Lower Canada —how far our mutual rights and interests are respected and guarded, the one in the General and the other in the Local Legislature. With reference to this subject, I think that I , and those with whom I have acted—the English speaking members from Lower Canada—may in some degree congratulate ourselves at having brought about a state of feeling between the two races in this section of the province which has produced some good effect. (Hear, hear.)

of the scheme, without which it would certainly, in my opinion, have been open to very serious objection. (Hear, hear.) I will not now criticize any other of the leading features of the resolutions as they touch the fundamental conditions and principles of the union. I think there has been throughout a most wise and statesmanlike distribution of powers, and at the same time that those things have been carefully guarded which the minorities in the various sections required for their protection, and the regulation of which each province was not unnaturally desirous of retaining for itself. So far then as the objection is concerned of this union being federative merely in its character, and liable to all the difficulties which usually surround federal governments, I think we may fairly consider that there has been a proper and satisfactory distribution of power, which will avert many of those difficulties. (Hear, hear.)

They have established this Central Government, giving it such powers, and so defining the powers of the local governments, that it will be impossible for any Local Parliament to interfere with the central power in such a manner as to be detrimental to the interests of the whole. The great advantage which I see in the scheme is this, that the powers granted to the local governments are strictly defined and circumscribed, and that the residuum of power lies in the Central Government You have, in addition to that, the local governors named by the central authority— an admirable provision which establishes the connection of authority between the central power and the different localities; you have vested in it also the great questions of the customs, the currency, banking, trade and navigation, commerce, the appointment of the judges and the administration of the laws, and all those great and large questions which interest the entire community, and with which the General Government ought to be entrusted. There can, therefore, be no difficulty under the scheme between the various sections—no clashing of authority between the local and central governments in this case, as there has been in the case of the Americans. The powers of the local governments are distinctly and strictly defined, and you can have no assertion of sovereignty on the part of the local governments, as in the United States, and of powers inconsistent with the rights and security of the whole community. (Hear, hear.) Then, the other point which commends itself so strongly to my mind is this, that there is a veto power on the part of the General Government over all the legislation of the Local Parliament. That was a fundamental element which the wisest statesmen engaged in the framing of the American Constitution saw, that if it was not engrafted in it, must necessarily lead to the destruction of the Constitution. These men engaged in the framing of that Constitution at Philadelphia saw clearly, that unless the power of veto over the acts of the state legislatures was given to the Central Government, sooner or later a clashing of authority between the central authority and the various stated must take place. What said Mr. MADISON in reference to this point ? I quote from The Secret Debates upon the Federal Constitution, which took place in 1787, and during which this important question was considered. On the motion of Mr. PINKNEY ” that the National Legislature shall have the power of negating all laws to be passed by the state legislature, which they may judge improper,” he stated that he considered ” this as the corner stone of the system, and hence the necessity of retrenching the state authorities in order to preserve the good government of the National Council.” And Mr. MADISON said, ” The power of negating is absolutely necessary —this is the only attractive principle which will retain its centrifugal force, and without this the planets will fly from their orbits.” Now, sir, I believe this power of negative, this power of veto, this controlling power on the part of the Central Government is the best protection and safeguard of the system ; and if it had not been provided, I would have felt it very difficult to reconcile it to my sense of duty to vote for the resolutions. But this power having been given to the Central Government, it is to my mind, in conjunction with the power of naming the local governors, the appointment and payment of the judiciary, one of the best features

They see in it that which tends to a disruption, and collision with the Central Government. Now, sir, I do not deny that if a legislative union, pure and simple, had been practicable, I, for one, would have preferred it ; but I cannot disguise from myself that it was, and is at present, utterly impracticable, and I cannot help expressing my astonishment and extreme gratification, that five colonies which had been for so many years separate from each other, had so many separate and distinct interests and local differences, should come together and agree upon such a scheme. Remembering the difficulties that had to be encountered in the shape of local interests, personal ambition, and separate governments, I certainly am surprised at the result, and I cannot withhold from the gentlemen who conducted these negotiations, the highest praise for the manner in which they overcame the difficulties that met them at every step, and for the spirit in which they sunk their own personal differences and interests in preparing this scheme of Confederation. (Hear, hear.) It is remarkable that a proposition having so few of the objections of a Federal system, should have been assented to by the representatives of five distinct colonies, which had heretofore been alien, practically independent, not only of each other, but almost of England, and almost hostile to each other. (Hear, hear.) There had been very much to keep these colonies apart, and very little to bring them together, and the success which has attended their efforts speaks well for those statesmen who applied their minds earnestly to the work of union. (Hear, hear.)

one of the very strongest arguments in favor of the Confederation of the provinces, that it enables us to prepare appropriate defences along the whole frontier of our country.

We will be enabled shortly, I trust, to commence to bring from the Mother Country a constant stream of immigration by which those sentiments of attachment to home and devotion to the Crown will be perpetuated. And in this continuous recruiting of our population I see one of the great elements we will have to look to for the perpetuation of the attachment of this country to the Crown

We should, probably, in time aspire to have foreign relations of our own, to have our own army and navy, and to seek for that complete emancipation which with communities as with individuals, maturity prompts. But independence in a state must always be relative, and none of us can expect to live to see the day when the British dominions in this part of the world will be peopled to such an extent, and become so powerful, that they can afford to be independent of England. We must, from the necessities of our geographical position—so long as the United States continue to be as powerful as they are ; and even if they were divided into two or three portions—we must always find in them a source of danger which must force upon us a dependence on England.

whatever the increase of the population in the other provinces, the part from Lower Canada is fixed and known. Thus, for instance, if the population of Upper Canada should increase more than that of Lower Canada, the latter will always have sixty-five members, the other provinces receiving such increased number of representatives as their increased population would entitle them to. But the resolutions do not prevent Lower Canada from having more than sixty-five representatives, if its population should increase faster than that of the other provinces. The French translation of these resolutions is erroneous, for it says that ” for the purpose of determining the number of representatives from each province at the end of every decennial census, Lower Canada shall never have either more or less than sixty-five representatives,” whereas the English version of the resolutions, which is the official version, says : ” Lower Canada shall always be assigned sixty-five members.” This does not mean that Lower Canada can never have more than sixty-five members, but that it can not have less than sixty-five members.

îslo questions will be decided in the Federal Parliament but such as relate to general matters. Local matters will not be treated of, nor questions of race, of religion, or of institutions peculiar to the several provinces, and consequently there can be no collision of opinions on such questions. Such a fear, therefore, is quite unfounded.

bishop gave judgment, declaring the marriage null in a canonical sense. Regarded in a civil point of view, the marriage was still valid until it should have been declared null by a civil tribunal. It became necessary, therefore, to carry the cause before the Superior Court, and my honorable friend, the member for Because, who took the case in hand with his usual zeal and legal address, obtained from the court, after a suitable inquiry, a judgment declaring the marred null in a civil sense, and ordering that it should be registered as such in all places where it should be needful. If this affair had occurred in Upper Canada, what recourse would the parties have had ? The parties being Catholics, the case would have been brought before the bishop, who would also have declared the marriage null after suitable inquiry; but the cause would not have had the same conclusion in the civil court, particularly had it depended on certain impediments which have force in Lower Canada, but none in Upper Canada. It would have become necessary to go to Parliament to pray for an act, which, in a Catholic point of view, would be a mere decree of separation, but which the Parliament would have termed an act of divorce. This power to grant a separation is therefore necessarily vested in the Parliament, by whatever names such separation may be designated, and we are not to be reproached for the interpretation which others may give to such name, different from that which we assign to it. I thought it right to make myself understood on this point, because I do not choose that people should be able to say we are afraid of explaining our position with regard to the question of divorce and marriage, and I believe that I have shown that our position is consistent with our religious laws and our principles as Catholics. I regret that I have dwelt so long on the matters touched upon by the honorable member for Hochelaga ; but after his speech, and considering the position he assumed, he must have expected an answer.

HON. SOL. GEN. LANGEVIN—I beg your pardon, it means that a marriage contracted in no matter what part of the Confederacy, will be valid in Lower Canada, if contracted according to the laws of the country in which it takes place ; but also, when a marriage is contracted in any province contrary to its laws, although in conformity with the laws of another province, it will not be considered valid. Let us now examine the question of divorce. We do not intend either to establish or to recognize a new right ; we do not mean to admit a thing to which we have constantly refused to assent, but at the Conference the question arose, which legislature should exercise the different powers which already exist in the constitutions of the different provinces. Now, among these powers which have been already and frequently exercised de facto, is this of divorce. As a member of the Conference, without admitting or creating any new right in this behalf, and while declaring, as I now do, that as Catholics we acknowledge BO power of divorce, I found that we were to decide in what legislative body the authority should be lodged which we found in our Constitutions. After mature consideration, we resolved to leave it in the Central Legislature, thinking thereby to increase the difficulties of a procedure which is at present so easy. We thought then, as we still think, that in this we took the most prudent course. The following illustration will prove this still more forcibly. I t is known to the House how zealous a partisan the honorable member for Brome (Mr. DUNKIN) is of the cause of temperance. Well, we will suppose that the honorable gentleman were present as a member of a municipal council in which it was to be decided whether all the taverns in a very populous part of the parish, which could not be suppressed, should be banished to a remote corner of the parish, where they would no longer be a temptation and a stumbling-block ; would he not vote for such a measure ? Would he not send them to a place where they would be least accessible to the population, and would he not think he had done a meritorious act, an act worthy of a good friend of the temperance cause ? Just so in a question of divorce ; the case is exactly analogous. We found this power existing in the constitutions of the different provinces, and not being able to get rid of it, we wished to banish it as far from us as possible. One thing it would be vain to deny, namely, that although we, as Catholics, do not admit the liberty of divorce, although we hold the marriage bond to be indissoluble, yet there are cases in which we both admit and require the annulling of the marriage tie—in cases, for instance, where a marriage has been contracted within the prohibited degrees without the necessary dispensations. An instance of this occurred very recently. A few months since, an individual belonging to my county, who had married a young girl of a neighboring parish, without being aware at the time of his marriage of the relationship which existed between him and his wife, found out several months afterwards that they were related in such a degree that they required a dispensation from the bishop. That dispensation had not been obtained. He spoke of it to his wife, who refused to apply for a dispensation, as a step towards the legal celebration of their marriage. It became necessary, therefore, to have the marriage annulled. The affair was brought before the Ecclesiastical Court, and, after a minute investigation, the diocesan

HON. SOL. GEN. LANGEVIN—The honorable member for Verchères does not choose to be convinced ; so I will make no further attempt to convince him. The resolution in question signifies just what I have stated.

may be summed up as follows :—The Central Parliament may decide that any marriage contracted in Upper Canada, or in any other of the Confederated Provinces, in accordance with the laws of the country in which it was contracted, although that law might be different from ours, should be deemed valid in Lower Canada in case the parties should come to reside there, and vice versa.

The honorable gentleman has asked the Government what meaning was to be attached to the word ” marriage,” where it occurred in the Constitution. He desired to know whether the Government proposed to leave to the Central Government the right of deciding at what age, for example, marriage might be contracted. I will now answer the honorable gentleman as categorically as possible, for I am anxious to be understood, not only in this House, but also by all those who may hereafter read the report of our proceedings. And first of all I will prove that civil rights form part of those which, by article 43 (paragraph 15) of the resolutions, are guaranteed to Lower Canada. This paragraph reads as follows :— 15. Property and civil rights, excepting those portions thereof assigned to the General Parliament. Well, amongst these rights are all the civil laws of Lower Canada, and among these latter those which relate to marriage; now it was of the highest importance that it should be so under the proposed system, and therefore the members from Lower Canada at the Conference took great care to obtain the reservation to the Local Government of this important right, and in consent-‘ ing to allow the word ” marriage ” after the word “divorce,” the delegates have not proposed to take away with one hand from the Local Legislature what they had reserved to it by the other. So that the word ” marriage,” placed where it is among the powers of the Central Parliament, has not the extended signification which was sought to be given to it by the honorable member. With the view of being more explicit, I now propose to read how the word marriage is proposed to be understood :— The word marriage has been placed in the draft of the proposed Constitution to invest the Federal Parliament with the right of declaring what marriages shall be held and deemed to be valid throughout the whole extent of the Confederacy, without, however, interfering in any particular with the doctrines or rites of the religious creeds to which the contracting parties may belong. This is a point of great importance, and the French Canadian members ought to rejoice to see that their fellow-countrymen in the Government have not failed in their duty on a question of so serious a nature. On many other points many of them will doubtless claim that we have not thoroughly fufilled our duty, but as regards the matter in question there can be no difference of opinion, as I we have all a common rule to guide us ; and I repeat that they ought to rejoice that their co-religionists in the Conference have not been found wanting on this occasion. The whole

this troublesome advocate of the second, third or fourth order of talent, and place him on the bench, whilst by leaving these appointments to the Central Government, we are satisfied that the selection will be made from men of the highest order of qualifications, that the external and local pressure will not be so great, and that the Government will be in a position to act more freely. It may be remarked, in passing, that in the proposed Constitution there is an article which provides that the judges of the courts of Lower Canada shall be appointed from the members of the bar of that section. This exception was only made in favor of Lower Canada, and it is a substantial guarantee for those who fear the proposed system. Besides, the honorable member for Hochelaga, who fancies that he sees danger in the powers given to the Central Government, knows by experience, as having himself been a minister of the Crown, that in respect of every appointment of a judge the Cabinet always consults the ministers for the section in which the appointment is to be made, and accepts their choice. The same practice would necessarily be followed by the Central Government, who would be forced to respect it, because behind the ministers from each section would be found the members from that section, and behind our ministers for Lower Canada will be found the sixty-five members whom we shall have sent to represent and protect our interests in the Federal Parliament. It is then advantageous, and there could be no danger in the provision that the judges should be appointed by the Central Government; indeed, it is for our interest, and the interest of all, that it should be so. And although it may be looked upon as a secondary consideration, yet it may as well be mentioned now, that by leaving the appointment of our judges to the Central Government, we are the gainers by one hundred thousand dollars, which will have to be paid for their services by the central power.

Were the appointment of the judges left to the local legislatures, the local governmente would be subjected to a pressure which might be brought to bear upon them by the first advocate who would attain influence in the Local Legislature. To get rid of an inconvenient member who might have three or four followers, the Local Government would have to take

He declared that he did not understand the meaning of that article of the resolutions which leaves to the Central Government the appointment of the judges, whilst by another article it is provided that the constitution and maintenance of the courts was entrusted to the Local Parliament. The honorable member should have observed that by the powers conferred on the local governments, Lower Canada retains all her civil rights, as prescribed by the 17th paragraph of article 43, as follows :— The administration of justice, including the constitution, maintenance and organization of the courts, both of civil and criminal jurisdiction, and including also the procedure in civil matters. This is a privilege which has been granted to us and which we shall retain, because our civil laws differ from those of the other provinces of the Confederation. This exception, like many others, has been expressly made for the protection of us Lower Canadians. It was our desire, as the representatives of Lower Canada at the Conference, that we should have under the control of our Local Legislature the constitution and organization of our courts of justice, both civil and criminal, so that our legislature might possess full power over our courts, and the right to establish or modify them if it thought expedient.

Another question on which the hon. member has also called us to account, relates to the export duties on timber and coals. In clause 29, which relates to the powers of the Federal Parliament, the third section reads as follows : This imposition or regulation of duties of customs on imports or exports, except on exports of timber, logs, masts, spars, deals, and sawn lumber from New Brunswick, and of coal and other minerals from Nova Scotia. The fact that this power has been conferred on the Government does not imply that it will be exercised. The power was granted simply because it might be necessary in certain cases mentioned. Now this is the reason for the second part of the clause which I have just read to the House, and which I cannot better explain than by citing some expressions of a speech by the Hon. the Minister of Finance on the subject. Nevertheless, as there are several honorable members in the House who do not understand English, I think it will perhaps be better to explain them in French. Here then was the thought of the Convention : as in New Brunswick the Government had found that it was a great disadvantage to collect the duties on timber according to the system formerly adopted, and they had substituted an export duty which superseded all other dues on that product, it was no more than right that this source of revenue should remain in New Brunswick, to which province it was an object of absolute necessity to defray its local expenses. In Canada we retain, under the new Constitution, our own method of collecting similar duties. As to New Brunswick, the duty on the article in question is their principal revenue, as coal is almost the sole revenue of Nova Scotia ; and if they had been deprived of them, they would have peremptorily refused to join the Confederation. (Hear, hear.) Their demand was perfectly just, and could not therefore be refused. Moreover, we have no right to complain, for they leave us all our mines and our lands, and we shall now, as heretofore, collect the proceeds for our own use and profit. The honorable member for Hochelaga says that it will be impossible to administer the affairs of the local legislatures without having recourse to direct taxation ; but a man of his experience ought not to have made that assertion. Instead of attempting to trade on popular prejudice, he ought to have admitted at once that the right granted by the new Constitution of levying direct taxes, is the same that already exists in the present Constitution ; it is the same right that all our municipalities possess.

Well, I ask the House, what is wrong in those two clauses ? At present, what is our position when a bill has passed the two Houses of our Legislature ? It is this : the bill is submitted for the sanction of the Governor General, and in nearly all cases is sanctioned without being referred to the Imperial Government. But if, for instance, the bill relates to a divorce, or to any question which concerns the Imperial Government, or if again it is a measure affecting our relations with our neighbors or any other nation, it is then reserved for Her Majesty’s sanction. When a measure is thus reserved, does the honorable member for Hochelaga suppose that the members of the English Government meet to take it into consideration ? Not at all ; there is in the Colonial Office a second or a third class clerk whose particular business it is, and who makes his report to the minister. This report decides either the sanction or the disallowance of the measure in question. If the measure is highly interesting to the country and is disallowed, we cannot blame any one and must submit, as the English ministry are not responsible to us. Under the Confederation this danger and inconvenience will no longer exist. In a case wherein the Local Government of Lower Canada should pass a law which the Lieutenant-Governor might think fit to reserve for the sanction of the Central Government, if the latter refused their sanction, although it was demanded by the people of the section, and there were no reason for this refusal, we should have our sixty-five members in the Central Parliament to protest against it, and who would unite and make combinations to turn out the ministry who should act in that manner.

The honorable member has taken occasion to find fault with the clause of the resolutions which provides that the lieutenant-governors shall be appointed by the Central Government, and sees in it great danger, especially to Lower Canada. Mr. SPEAKER, I should very much like to know what protection the population of the different provinces derive from the fact that the governors of the British North American Provinces are sent out to us from England. Under the existing system, our governor is responsible neither to the people nor to the House ; he depends entirely upon the English Government, to which he is responsible. Under the system proposed the lieutenant-governors will be appointed by the Central Government, to which they will necessarily be responsible for their actions. And in that Government we shall have more than one vote ; we shall be represented in it by our ministers, who will be there to cause every encroachment or arbitrary act which the lieutenant-governor may allow himself to commit, to be condemned.

and that that province will approve of our having inserted the clause in question in the resolutions. The vote which took place last night in another place, shews that I am not mistaken in what I assert on this subject. One of the greatest objections which the honorable member for Hochelaga raises to the appointment of the legislative councillors by the Crown, is that their number will be fixed, and that, by consequence, it will prove an obstacle to the decisions and legislation of the Commons House of the Federal Parliament. In a word, the honorable member declares that the Legislative Council, so constituted, will be, to use an English expression, a nuisance. The honorable member should glance back at the past to consider how many councillors appointed for life there were in the Legislative Council at the time of the concession of the elective principle, and how many of those said councillors remain at the present day. He would have ascertained that in eight years the number had diminished by one-half. Of the forty-two or forty-three members which there were then, there now remain but twenty-one or twenty-two. (Hear, hear.) The honorable member for Hochelaga should also have admitted that in those eight years there had been such considerable changes among the elected councillors, that there was no danger of the Legislative Council not being at least accessible to the people. This diminution gives an average of three members a-year, and if we take the proportion between this diminution and that which would necessarily prevail among a larger number of councillors, we shall find that there will be at least five vacancies in each year. The honorable member must then perceive that, if it should happen that the Legislative Council should be so opposed to the views of the Lower House as systematically to reject the measures of the popular branch of the Legislature, at the end of a year or perhaps less, such changes would be effected by death or otherwise, that we should immediately have such an infusion of new blood, that any attempt of this kind could not be repeated for a long time. Besides, the Legislative Council will not constitute a separate class like the House of Lords in England. The councillors will come from among the people, with whom they will have interests in common, and it is absurd to suppose that they will be induced to oppose systematically and constantly the measures which the Lower House may enact in favor of the people and at their instance. The hon. member for Hochelaga, when on this subject, reproached the Attorney General for Upper Canada with having stated in his opening speech, that if he had to preside over the selection of the legislative councillors, he would see that the best qualified men were appointed.

The honorable member for Hochelaga also pretended that the Maritime Provinces had forced upon us the clause which provides that the legislative councillors in the General Parliament shall be appointed by the Crown. Yet, the honorable member right well knows that the elective principle in our existing Legislative Council was mere- lee an experiment, and that in Lower Canada we have become tired of the system, not because the councillors who have been elected by the people are unworthy of the position which they occupy, or because their selection was an unfortunate selection, but because the very nature of the system prevents a large number of men of talent, of men qualified in every respect and worthy to sit in the Legislative Council, from presenting them- selves for the suffrages of the electors, in con- sequence of the trouble, the fatigue and enormous expense resulting from these electoral contests in enormous divisions. We know that the system has wearied Lower Canada,

There is also the question of education. Upon this question, as upon all others, the Lower Canadian delegates have seen to the preservation of certain privileges, and that question has been lift to our Local Legislature, so that the Federal Legislature shall not be able to interfere with it. It has been said that with respect to agriculture the power of legislation would bu exercised concurrently by the Federal Legislature and the local legislatures. But the House is perfectly well aware for what reason that concurrent power was allowed. Everyone, indeed, is aware that certain general interests may arise respecting which the intervention of the Central Legislature may be necessary; but , Mr. SPEAKER, all interests relating to local agriculture, everything connected with our land will be left under the control of our Lower Canadian Legislature, and this is a point upon which we invariably insisted, and which was never denied us in the Conference.

What we desire and wish, is to defend the general interests of a great country and of a powerful nation, by means of a central power. On the other hand, we do not wish to do away with our different customs, manners and laws ; on the contrary, those are precisely what we are desirous of protecting in the most complete manner by means of Confederation.

The memorial consists of two parts, of which the following is the first :— The Government are prepared to state that immediately after the prorogation, they will address themselves, in the most earnest manner, to the negotiation for a Confederation of all the British North American Provinces. That failing a successful issue to such negotiations, they are prepared to pledge themselves to legislation, during the next session of Parliament, for the purpose of remedying existing difficulties by introducing the Federal principle for Canada alone, coupled with such provisions as will permit the Maritime Provinces and the North-Western territory to he hereafter incorporated into the Canadian system. In other words, the Government promises, in the first part of the memorial in question, to direct its attention to a Confederation of all the British North American Provinces; and, in the event of its not succeeding in carrying out that object, to turn its attention to a Confederation of the two Canadas. And now here are the contents of the second part :— The Government are prepared to pledge themselves to bring in a measure, next session, for the purpose of removing existing difficulties, by introducing the Federal principle into Canada, coupled with such provision as will permit the Maritime Provinces and the North-West territory to be incorporated into the same system of government. And the Government will seek, by sending representatives to the Lower Provinces and to England, to secure the assent of those interests which are beyond the control of our own legislation, to such a measure as may enable all British North America to be united under a General Legislature based upon the Federal principle.

Does not that show that the position of a Canadian, or of any other inhabitant of the colonies, in England is a position of inferiority ? We desire to remove that inferiority by adopting the plan of Confederation now submitted to the House.

It is evident that, if the Confederation had existed UT that period, England would not have acted without consulting us ; but in those days they used to say, ” They are Canadians, mere colonists, &c.;” and as we were then separated, of course we had to submit ; our rights were not protected as they will be when we are united. Under Confederation, England will consult us in all matters which affect our interests, and we shall be able to make ourselves effectually heard in London. In proof of this I cite from the same writer :—

In the Legislative Council we shall have 24 members like Upper Canada and the Lower Provinces. I assert, then, that there is a vast difference between the argument s of the hon. member for Hochelaga and the measure of the Government ; the Legislative Council will protect our interests, and the measures of general interest will come under the jurisdiction of the Federal Parliament.

There is one currency here, another in Newfoundland, another in Prince Edward Island, and so on. The shilling and pound of this province are different from the shilling and pound of Newfoundland and those of the other Maritime Provinces. But, with Confederation, all these matters would be placed under the control of our central legislature; the currency would become uniform throughout, and capital might be everywhere invested without obstacle. So also it will be with respect to the rights of authors, patents for mechanical inventions, &c.

There are also as many different tariffs as there are different provinces, as many commercial and customs regulations as provinces. I t is true that there are now many free goods, but it is also correct to say that there as many customs systems as there are provinces. And with respect to great colonial works, is it not true that it is impossible at the present day to undertake them, because the interests involved are too considerable, and because it is necessary to consult three or four legislatures ?

judicial system ; but an exception is made in favor of Lower Canada and our laws.

Again, we have at the present time as many systems of judicature as we have provinces; with Confederation, on the contrary, this defect will be removed, and there will be but two systems: one for Lower Canada, because our laws are different from those of the other provinces, because we are a separate people, and because we do not choose to have the laws of the other populations—and the other for the remainder of the Confederation. All the other provinces having the same laws, or their system of law being derived from one and the same source, may have one and the same system of judicature ; and, in fact, a resolution of the Conference allows them to resolve that they will have one code and one

Have one or the other minority, or have both. It is difficult to conceive one single legislature composed of two majorities and two minorities ; these two majorities without any identity of principle, acting nevertheless together by common consent, so as to never trespass the one on the other, and so that each section of the province would always be governed by a majority of its representatives. On many questions this course could not be carried out without alternately forcing the majority of the representatives of each section of the province to abstain from voting, or to declare themselves in favor of measures which their judgment and their conscience would disavow. The complication’s of such a system amounting to nothing short of an application of the Federal principle to a single legislature, would render it impracticable.

In 1856, when Parliament was sitting at Toronto, I first suggested that one means of surmounting our difficulties would be the substitution of a Confederation of the two Canadas in place of a legislative union. By that arrangement local questions would be debated in the local legislatures, and the Central Government would have the control of commercial and other questions of general interest. I said that considering the differences of race, religion and laws now existing between the two sections of the country, it would be the best means of surmounting them. That is to say, I would leave to a central government questions regarding commerce, banking, the currency, public works of a general character, &c., and to the local legislatures all local questions. At the same time I said that if these views were not accepted, I should certainly be in favor at representation based on population, with conditions and guarantees which would secure the interests of Lower Canada, and preserve to Lower Canada the institutions which are so dear to her. Well, we see that in 1856, the hon. member for Hochelaga was desirous of forming a new Constitution for the express purpose of stifling the cry for representation based on population. In 1858 he formed, together with the present Hon. President of the Count- coil (Hon. Mr. BROWN), the BROWN-DORION Government; and again, he stipulated that the question of representation based on population should be taken into consideration, and that the Government should consider the means of settling the difficulties which it involved. In 1859 he signed a document, which also bore the signatures of Hon. Mr. DRUMMON, Hon. Mr. DESSAULLES, and Hon. Mr. MCGEE, in which he said with his colleagues, that a change in the Constitution of the country was necessary :— If Lower Canada insists on maintaining the union intact ; if she will neither consent to a dissolution of the union, nor consider the project of a Federation, it is difficult to conceive on what reasonable grounds the demand for representation according to population can be resisted. The plea for such resistance has hitherto been that danger might arise to some of her peculiar and most cherished institutions ; but that ground will be no longer tenable if she rejects a proposition, the effect of which would be to leave to her own people the sole and absolute custody of those institutions, and to surround them by the most stringent of all possible safeguards, the provisions of the fundamental law of the land, unalterable save by the action of the people affected by them. The logical alternative now presented to the people of Lower Canada would, therefore, seem to be dissolution or federation on the one hand, and representation according to population on the other. Here, again, he intended to stifle the cry of representation based on population, and intended to do it by founding a new Confederation. In 1861 it was just the same ; he declared that he was desirous of settling that question of the representation ; that it was not expedient that it should remain an open question ; that it was a difficulty to be got rid of one way or another. In 1862, also, he went into the Government with the same object in view but how did he set about carrying it out ? He made it a close question, and adopted, with his colleagues, the plan of the double majority. The hon. member doubtless had forgotten that in 1859, when he penned the manifesto which I have just quoted, he had condemned the double majority. Here is, in fact, what he said in that document :— In each section there would still be minority and majority parties, and unless the principle of the double majority could be enacted as a fundamental law, we should be exposed to an endless round of the same complaints that we now hear, of one section ruling the other contrary to its well known public opinion, and to see reproduced in our politics the same passions, the same intrigues, the same corruption and insincerity. The enactment of the double majority is not advocated in any quarter. The impossibility of clearly defining the cases to which it should apply, and of distinguishing them from those to which it should not, is felt by all ; but were it even possible, it would only lead to new phases of difficulty, by compelling majorities professing opinions and principles diametrically opposed to each other, to unite, and thereby effectually to extinguish the influence

HON. SOL. GEN. LANGEVIN—That Administ rat ion had no very long existence, and I rejoice that I did my part in upsetting it, for it is probable that , if it had stood, representation based on population would have been forced upon us, and we should not be now in our present position—in a position to make our own terms as freely as Upper Canada, and take part, on a footing of equality, in negotiating a treaty with the Lower Provinces.

Representation by population would have left us, Lower Canadians, in an inferior position relatively to that of Upper Canada—would have conferred on the latter the privilege of legislating for us, not only in general, but in local matters. The hon. member for Hochelaga ought to have been the last to reproach the present Government with having, by this measure of Confederation, stopped the cry for representation based on population. In 1854, the hon. member admitted, as he himself acknowledges, that representation based on population was just in principle, and the consequence of that admission was fatal.

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Why, while there is yet time, should we neglect to take those salutary precautions on which our existence as French-Canadians depend ? Our Local Government ought to have the same active part in the organization, instruction and equipment of our militia which belongs to all local governments which form part of other confederacies.

the Lieutenant-Governor, who will enjoy the right of reserving the bills of the Local Parliament for the sanction of the Governor General, will be appointed by the Governor General in Council, that is to say, by the Federal Government, and, as a matter of course, it must be expected that he will act in conformity with the views of the Federal Government. Any bill reserved by him will require to be sanctioned by the Federal Government, which may refuse such sanction if they think proper, as they undoubtedly will as regards any bill the object of which might be to give responsible government to Lower Canada, whilst all the other provinces would only have governments which were not responsible. And the militia,—it will be exclusively under the control of the Federal Government. Have the honorable the French-Canadian members, to whom I more particularly address myself at this moment, reflected on the danger to us that is contained in this provision ?

they will soon be dispensed with, just as in a machine we do away with useless and expensive wheelwork. Nothing will then be left to us but the legislative union which the honorable members have not ventured to propose, because they are compelled to admit it would be an act of crying injustice to Lower Canada. But we are told to rely on article 42, which gives to the local legislatures the right of amending or changing their Constitutions from time to time, and it is said that when Lower Canada is separated from Upper Canada, she may alter her Constitution if she pleases, and adapt it to her own views.

It is true that, according to the 41st article of the resolutions, ” The local governments and legislature of each province shall b3 constructed in such manner as the existing legislature of each such province shall provide.” But the English element is at present in the majority. We are told that the English are naturally favorable to responsible government. That is true when it relates to themselves ; for how many years did Canada remain without responsible government ? The painful events of 1837 and 1838 were the result of that anomaly in the parliamentary system. Upper Canada will not need, as we shall, a local responsible government ; it will not have, as we shall have, to defend a nationality which will be in a minority in the Federal Parliament, but which, at least, ought to enjoy in Lower Canada those powers which parliamentary authority everywhere accords to the majority. Upper Canada only desires to make of her local legislature a municipal council on a large scale ; she will fight out her party quarrels in the wider arena of the Federal Parliament. The English of Lower Canada, who will gain nothing by having a responsible local government, because that government is the government of the majority, will unite their votes with those of Upper Canada to impose upon us the same system of government as in the other section. The local parliaments, in the event of that system being adopted, having no part in the government, will soon become perfectly useless, and

there will be no reduction in the number of their representatives, in accordance with the provisions of this 21st clause. It is the interest of Lower Canada, more than of any other province, to watch with a jealous eye over the mechanism adopted for the organization of the Federal Legislature. In case of a vital question arising, we should have to counteract the votes of these five members (who ought, in justice, to be deducted from the representation of the other provinces) by those of five of our members, whose votes would thus be lost to us, as would also be the weight which their five united counties, with a total population of 114,480 (or 22,896 for each county), would throw into the scale. Other combinations of circumstances might arise which might prove even more disadvantageous to us. This subject naturally leads me to address myself to my French Canadian colleagues ; I fear that my remarks may not be well received by all, but I hope that honorable members will be good enough to excuse my frankness in consideration of the great importance of the question. I have no right to maintain that all those who are favorably disposed towards Confederation are not acting in good faith; it is not my wish to reproach them for acting according to their convictions, but in so acting they should not forget the duties which their charge imposes on them. It a well known fact that when the scheme of Confederation was laid before the public, all the newspapers, and most of the members who support the Administration, declared themselves in favor of the scheme, but, in nearly every instance, with an express reservation of the right to introduce certain amendments which they considered indispensable. But the Honorable Attorney General for Upper Canada declared, some days ago, that the Government would accept no amendment, and that the resolutions must be adopted exactly in the shape in which they were brought down. Are honorable members going to submit to this decree ? Is it not their intention at least to make an effort to have those amendments, which they looked upon as indispensable, adopted ? Their position in relation to the Government confers upon them an influence which they can never exert more usefully than at present ; it is their duty to exert that influence ; they are responsible for the results of this measure, which cannot be adopted without their concurrence. Their principal argument in support of Confederation is that we have now an excellent opportunity of obtaining; favorable conditions—an opportunity which will probably never occur again, and one of which it is their duty to avail themselves. But have the honorable members made those conditions ? Have they taken as great precautions to preserve intact the interests of nearly a million French Canadians entrusted to their care, as they would have taken in making an agreement for the sale of a farm, or even the purchase of a horse ? Have they made any conditions at all ? If they have made no conditions, do they at least know what the fate is that is reserved for us ? Do they know the nature of the form of Government which will be imposed on Lower Canada? Can they say whether we shall have Responsible Government ?

I object to the 21st clause, because it contains provisions which are unjust to Lower Canada. The full scope of that clause is not generally understood ; that proportion of five per cent, appears to be a very small affair, and yet, under certain circumstances, it might produce considerable results, which are not taken into consideration in the explanations given on that subject in the work written by the Honorable Mr. CAUCHON, which the Government has caused to be distributed (pages 72 to 87). It is difficult to foretell what the exact numerical increase of the several provinces will be from the present time to the next census in 1871. The Honorable Mr. CAUCHON assumes, as the basis of his calculations, a rate of thirty per cent. Let us suppose the case to prove that in all the provinces (with the exception of Lower Canada) the population increases, by thirty per cent, between 1861 and 1871, and that that of Lower Canada increases by thirty-four per cent. It may, perhaps, be objected to this that it is improbable. My reply is, that when we are discussing a scheme of such importance as that which is now under our consideration, we should provide for all possible contingencies; but this one is far from being impossible if the predictions of the Minister of Finance and the Attorney General, who promise to Lower Canada so brilliant a future under the Federal system, are fulfilled. If Lower Canada becomes the heart of the commercial life of the Confederation ; if the mines of copper, lead, silver, and gold which we have lately discovered should produce the same results that they produce everywhere else, that of attracting a great influx of population, I cannot be accused of any very great exaggeration in supposing that the population of Lower Canada may, between the years 1861 and 1871, increase by four per cent, more than the population of the other provinces. In the case which I have supposed the increase would be as follows :— Upper Canada 418,827 Lower Canada 377,625 Nova Scotia 99,257 New Brunswick 75,614 Newfoundland 39,000 Prince Edward Island 24,227 ——– Total increase 1,034,550 According to this calculation, Lower Canada would have, in 1871, a population of 1,488,- 289 souls, which would have to be divided by 65, that being the invariable number of representatives assigned to Lower Canada, in order to ascertain what will be the number of constituents for each representative in the Federal Parliament ; the result will be found to be 22,896. Upper Canada would have a population of 1,814,918 souls, which, divided by 22,896, would give her seventy-nine representatives instead of eighty-two. Nova Scotia would have a population of 430,114 souls, which would give her nineteen representatives as at present (eighteen and a fraction over the half). New Brunswick would have a population of 327,661 souls, which would give her fourteen representatives instead of fifteen. Newfoundland would have a population of 169,000 souls, which would give her seven representatives instead of eight. Prince Edward Island would have a population of 104,984 souls, which would give her five members as at present (four and a fraction over the half). It will be seen that if the five other provinces were represented on the same scale as Lower Canada, they would, in 1871, lose among them five members ; but as the total population of each will not have decreased by five per cent., relatively to the total population of the Confederated Provinces,

the Speech from the Throne, which expresses ” thankfulness to a beneficent Providence for the general contentment of the people of this province,” or the address voted by the Legislature in answer to the Speech from the Throne, which is the faithful echo of this grateful sentiment ! What would the members of the Ministry have said, if a member had risen to move an amendment to the Address in the words made use of by the Hon. Premier, ” That the country is bordering on civil strife, and that therefore the House cannot admit that there is general contentment among the people?” It is on reasons widely differing from these that the Speech from the Throne takes ground in recommending the adoption of the scheme of Confederation. But are we really bordering on civil strife ? Of course it is representation based on population which is the exciting cause. Do the people of Upper Canada demand representation based on population as a condition sine qua non of the continuation of our peaceful relations with them ? Has this desire to obtain representation based on population taken such deep root in the bosom of Upper Canada, that it is ready to plunge us and itself into the horrors of civil war in order to achieve it ? Or is not representation by population rather one of those political clap-traps which ambitious men, who can catch them no other way, set to catch the heedless multitude? We, Lower Canadians, who at this distance cannot judge of the sentiments of Upper Canadians by our own observation, must depend for the formation of our opinions respecting them on the Upper Canada newspapers, and on the speeches of their members in this House. They are the only sources of information which we possess. Well, in 1862, we saw the Upper Canada leaders, except the President of the Council, who was wise enough to keep aloof, who are at the same time connected with the principal newspapers there, either as proprietors, editors or co-editors, accept office under the MACDONALD-SICOTTE Government, the fundamental principle of which was equal representation of the two sections, a principle which entitled it to the cordial support of Lower Canada. These gentlemen we saw re-elected, notwithstanding their abandonment of their principles, and we found them voting against representation by population. From this I conclude that Upper Canada is much more indifferent, and its leaders much less sincere touching this question of the representation, than they would have us believe. Were it otherwise, Upper Canada would have taken the opportunity, afforded by the election, of punishing the men who had betrayed her. But who are those two men who now pitch their voices in harmony (formerly so discordant) to predict civil war, if we do not vote for Confederation ? They are the Attorney General for Lower Canada, and the President of the Council (Hon. Messrs. CARTIER and BROWN !)—the one demanding representation by population, the other refusing it : both took their stand as the champions of their sections, and became their chieftains respectively.

To sum up all in few words : all the advantages are negative, that is to say, Confederation will do no harm to our interests, military or commercial, but neither do they require it.

When you compare this circuitous route with the far more direct one of the United States, it is quite easy to understand why the United States can sell even our wheat to the Gulf Provinces at lower prices than we ourselves are able to do. I have attempted to reduce the commercial advantages we are promised to their proper proportion. I will now endeavor to show that we can secure every one of these advantages without the Confederation. I shall cite, for that purpose, the very words of the Honorable Minister of Finance :— If we look at the results of the free interchange of produce between Canada and the United States, we shall find that our trade with them increased, in ten years, from less than two millions to twenty millions of dollars. If free trade has produced such results in that case, what may we not expect when the artificial obstacles which hamper free trade between us and the provinces of the Gulf shall have disappeared ? But this fine result was not obtained by means of a Confederation with the United States. What hinders us from having free trade with the Gulf Provinces ? In support of this view, I shall quote the work of the honorable member for Montmorency, not that of 1858, but that of 1865, written in favor of Confederation, pages 32 and 33, where he shews in the most conclusive manner that we have no need of Confederation to improve our commercial relations with the Gulf Provinces. It is under this head of commercial advantages that the Intercolonial Railway fitly comes in. The Honorable President of the Council tells us that he is favorable to Confederation, because it will give us a seaport at all seasons of the year—a most powerful argument, he adds, in its favor. We stand in great need of a seaport in the winter season, more especially if the United States abolish the right of transit. Absolutely, without reference to that, we require it in order to perfect our system of defence.

ourselves sell our flour to the Lower Provinces ? For the simple reason that, instead of having to pay four millions four hundred and forty-seven thousand dollars to the United States, they would have to pay us five millions of dollars, and they would therefore refuse to buy from us. There is no such thing as sentiment in matters of business ; men buy in the cheapest market. The Gulf Provinces will buy their flour from the United States so long as they can obtain it at a lower price there than in Canada ; and the fact that they do obtain it cheaper from the United States is clearly demonstrated by their buying from the Americans and not from us.

I concur with the Government in their desire to form more intimate commercial relations between the different provinces ; but when it is attempted to use the immense advantages which would result from these relations as an overwhelming argument in favor of Confederation, it is as well to form a proper appreciation of those advantages, and see whether we cannot secure them without Confederation. The Gulf Provinces possess timber, coal and fisheries ; our own two great articles of export are timber and wheat. With regard to timber, the Gulf Provinces have no more need of ours than we of theirs. As to coal we import from England what we need for our present wants, in ballast, on board the numerous ships which come here for our timber, and we thus get it cheaper than we could import it from the Gulf Provinces. When this supply becomes insufficient to meet our growing wants, it will be necessary to look somewhere for a supply of coal. If the Lower Provinces can furnish it to us at cheaper rates than we can get it in the United States, we shall buy it from them. Upper Canada will probably get its coal from the Pennsylvania mines, which are in direct communication with Lake Erie, on the north shore of which the richest and most thickly settled portion of Upper Canada is situated. As regards fisheries, Canada has a stock of fish in its waters sufficient not only to supply all its own requirements, but to enable it to export largely from Gaspé to Europe. Now as to wheat. The Honorable President of the Council told us that in a single year the Atlantic Provinces paid $4,440,000 to the United States for flour, and that a portion of that flour came from Upper Canada ; and the honorable gentleman asks why should not we

MR. CORNELLIER—All the confederations which you have mentioned were or are republican, and had the common fate of republican institutions. You have not said a word about monarchical confederations. MR. JOLY—I have made no mention of monarchical confederations, because none have ever existed, and none can exist. The principle of a monarchy is that the power resides in one person; the principle of confederation is that it resides in all the members of the confederation. A confederation would, therefore, always be a republic, even if formed of several states subject to a monarchy; because the power would not be vested in one person, but in each of the several states, of which no one would acknowledge a head ; it would be a republic consisting of a very small number of members. Before I take leave of all the confederations, the names of which I have mentioned, I intend to say one word, at least, in their favor. We understand that states

Confederation of the United states of South America

The Confederation of Columbia

Let us begin with the Central American Confederacy or Republic of Guatemala.

Lord MACAULAY says in the first volume of his History of England

Lord BROUGHAM, who is listened to with profound respect in the Imperial Parliament, thus expresses his views in the third part of his work on Political Philosophy

The Minister of Agriculture alone has had the courage to open the volume of the world’s history, and he hastily closed it with the significant remark, especially so falling from his lips :— In all the constitutions in which the Federal principle has been adopted, it cannot be denied that the same fatal vice is to be discerned—the weakness of the central authority. This has been the fatal disease in all confederations of which I have heard, or whose histories I have read. They have died of consumption.

Remarks have also been made about the laws of divorce and marriage, and the honorable member for the division of DeLanaudière (Hon. Mr. OLIVIER) told us that the Conference had done well in transferring the power of divorce to the General Government. On his part, I think this was a wise view of the question, and I am glad to have the opportunity of now telling him so. He was, however, very uneasy about the word ” marriage.” Well, I will try to put him right and at his ease on that point; and I will give him the answer as I find it put down in writing, so that no possible misunderstanding may continue to exist. If the honorable gentleman will but take his pen, he will be able to note my answer :—” The word ‘ marriage’ has been inserted to give the General Legislature the right to decide what form of marriage will be legal in all parts of the Confederation, without in any way interfering with the rules and prescriptions of the Church to which the contracting parties belong.”

Some hon. gentlemen have told us that this was not a Federal union—that the project before you, hon. gentlemen, was in point of fact a project for a Legislative union. One hon. gentleman who took this view read the 29th section, in order to show that the General Government, if it chose, could repeal any of the local acts of the different local legislatures—that the General Government, for instance, could do away with our religious and benevolent corporations, or deprive them of their property. I think the honorable gentleman must have been rather short-sighted when he read the 29th resolution, for he omitted a very important part of it ; and, if he had not omitted that part, I do not think he would have said that this Federal scheme was really a scheme for a Legislative union. I have no doubt my honorable friend acted in good faith ; but being rather short-sighted, he did not read the whole clause ; otherwise he must have arrived at a different conclusion. The 29th section says : ” The General Parliament shall have power to make laws for the peace, welfare and good government of the Federated Provinces (saving the sovereignty of England), and especially laws respecting the following subjects.” Then follows a list of all the subjects committed to the General Government. But the resolution does not finish there. There is something that comes after all that, and it is this : ” And generally respecting all matters of a general character, not specially and exclusively reserved for the local governments and legislatures.” Now I would ask honorable gentlemen if an act incorporating a religious body or benevolent society here in Lower Canada is a subject of a general character ; is it not a subject purely local ? (Hear, hear.) Take, for instance, the sisters of charity. Could the General Government, under this clause, interfere with the privileges of those ladies ? I say they could not. I suppose the honorable gentleman who used the argument advanced it conscientiously and in good faith. But I think it is quite evident from a reading of the resolution that, if Confederation takes place, the General Government will have no power to interfere with such matters. (Hear, hear.) I must say positively, if I am competent to draw any conclusion at all from what I read, that the General Government will have no right to meddle at all with those religious and benevolent corporations, none in the world. (Hear, hear.)

If we do not make those alliances with the Lower Provinces—if we do not open with them those communications, political, social, and commercial, which are essential for our own interest, we shall little by little lose some of those principles we now esteem so much ; we shall lose little by little our attachment to the Mother Country, and the interesting reminiscences which, with many of us, now give intensity to that attachment; and we shall become—you may depend upon it, hon. gentlemen—more and more democratised, before we are aware of it.

I say that, if we do not cultivate with our sister provinces—the Maritime Provinces—a close commercial, political, and social intercourse— being all of us British subjects, all of us monarchists, owing allegiance to the same Crown—if we neglect the cultivation of that intercourse, we run a great danger.

HON. MR. CURRIE—By the 6th subsection the local legislatures have the control of ” Education ; saving the rights and privileges which the Protestant or Catholic minority in both Canadas may possess as to their denominational schools at the time when the union goes into operation.” I do not know whether the representations which have been made in some portions of the country are correct—that, under this section/ the Roman Catholics would be entitled to no more schools than they have at the passing of the act ? Will the Commissioner of Crown Lands please explain ? HON. MR. CAMPBELL—By this section it is affirmed that the principle of action with reference to those schools which may be in existence at the time the Confederation takes effect, shall continue in operation. Should this Parliament and the other legislatures adopt the scheme, and if the Imperial Parliament adopts an act giving effect to it, there will be found in existence certain principles by which the minorities in Upper and Lower , Canada will be respectively protected, and those principles will continue in operation. HON. MR. CURRIE—But suppose no alteration is made in the Common School Law of Upper Canada—and, as I understand, none is promised—would the Roman Catholics be entitled to establish more separate schools ? HON. MR. CAMPBELL—The present Act would continue to operate, and the honorable gentleman knows what are the rights of Roman Catholic schools under that Act.

the Local Legislature of Lower Canada the construction and maintenance of a new Penitentiary, leaving to Upper Canada the Penitentiary now in existence in that province ? HON. MR. CAMPBELL—No doubt ; but Lower Canada may arrange with Upper Canada for the temporary use of the Penitentiary, so long as she requires it, or for its permanent use, if that is thought better.

The 9th sub-section of that clause imposes on the local governments, ” the establishment, maintenance and management of penitentiaries, and of public and reformatory prisons.” There is but one penitentiary in Canada, which is situated in Upper Canada. Does this clause impose on

HON. MR. CURRIE—The 34th sub-section of the same clause commits to the General Government ” the establishment of a general Court of Appeal for the Federated provinces.” Is that to be in lieu of the Courts of Appeal we now have ? Is it intended to do away with the present Court of Appeal and to establish a new one ? HON. MR. CAMPBELL—I do not think my honorable friend has caught the meaning of what is intended. It does not say the general Court of Appeal shall be established, but that the power to establish it shall be in the General Government. HON. MR. CURRIE—New Courts of Appeal? HON. MR. CAMPBELL—If a statute of the Parliament of the United Provinces shall be passed creating a Court of Appeal, it will state whether it is in lieu of, or in addition to, the present Courts of Appeal. I should suppose it would be in addition.

reference to the meaning of the 5th sub-section of the 29th clause, which commits to the General Parliament ” the raising of money by all or any other modes or system of taxation.” Am I to understand that he General Government are to have the power of imposing local taxation upon the lands of the provinces ? HON. MR. CAMPBELL—The general national power of taxation is to be in the General Government.

That there should be in every polity a centre of resistance to the predominant power in the Constitution—and in a democratic Constitution, therefore, a nucleus of resistance to the democracy— I have already maintained ; and I regard it as a fundamental maxim of government. If any people who possess a democratic representation are, from their historical antecedents, more willing to tolerate such a centre of resistance in the form of a Second Chamber or House of Lords, than it; any other shape, this constitutes a strong reason for having it in that shape. He admits that a check can be used, and properly used, by a House of Lords or a Legislative Council. Then he goes on to say that he does not think this the best check, and prescribes a plan of his own ; but his statement on this point is too long to enter upon now.

HON. MR. REESOR—But coal makes a manufacturing country, and there is no reason why Nova Scotia, as a manufacturing country, should not manufacture boots and shoes as cheaply as they can be manufactured at Montreal. I have lately learned from good authority that the very articles to which my honorable friend refers (boots and shoes) are now being largely manufactured in the city of St. John. Labor is quite as cheap in New Brunswick as in Canada, and there is no reason why they could not supply themselves with the articles named, and with many others, even cheaper than they can be supplied from Canada.

He would give the ministry the power ” to deluge this House with party tools.” He then went on and proved too much with regard to the trade between the provinces. He said New Brunswick and Nova Scotia would take our manufactures, that already we had large manufactures of boots and shoes, and that the Lower Provinces would take these and other manufactures from us. And then he told us that they had coal in Nova Scotia, and that where there is coal,mannfactures will spring up.

My honorable friend quoted some part of a work by Mr. JOHN STUART MILLS, a celebrated writer on Representative Government, but he did not go far enough. Mr. MILLS says :— The consideration which tells most in my judgment in favor of two Chambers (and this I do regard as of some moment), is the evil effect produced upon the mind of any holder of power, whether an individual or an assembly, by the contagiousness of having only themselves to consult. This is perfectly true. But what does my honorable friend advocate? He advocates that the whole power shall be concentrated in the General Government; that they shall have the power to create this House, so that the whole power shall be legally centred in ” one body.” The writer he quoted goes on and condemns that principle in the following words :— If the writings by which reputation has been gained are unconnected with politics, they are no evidence of the special qualities required, while, if political, they would enable successive ministries to deluge the House with party tools.

would be so very extravagant that this could not come to pass ; but in the same report, which has very opportunely come to hand, as it corroborates the remarks I made during the debate on the Address as to the fact that we should have some offset in the trade of the Lower Provinces, under Confederation, for what we should lose if the Reciprocity Treaty were to be annulled, I find the following statement :— The cost of transportation of flour from Montreal to Portland, Maine, by rail, has been reduced to the low figure of 35 cents per barrel, and from Portland, Maine, to this port, it can be conveyed for 25 cents by steamer, or 15 cents by sailing vessel, making altogether 60 cents for conveying a barrel of flour, weighing 200 lbs., by rail and steam, a distance of 585 miles, and it could be delivered at this port (St. John, N. B.) within five or six days from the time of loading at Montreal. Of course these low rates of railway freight apply to large quantities only. Well now, gentlemen, the distance from Montreal to St. John, by railway, are at a rough estimate about 600 miles.

Now, I do not think the Intercolonial Railway will be a profitable concern, all at once; but I think I can remove a few of the objections which have been raised to this part of the scheme. In the first place, I think a mistake prevails is to what will be the cost of carrying freight on this railway. I have here the annual Trade and Navigation Returns of New Brunswick for 1863, in which I find the following statement :— If New Brunswick was connected with Montreal and Quebec by direct railway communication through British territory, our importations from the States would decrease immediately, and much of our flour and other supplies would come direct from Canada ; and in the event of the Reciprocity Treaty and the bonding system of the United States, which allows British goods to pass through their territory free of duty under bond to Canada, being abolished, Saint John would probably become the Atlantic shipping port of Canada for the winter months. People may suppose the rates of freight

I must also refer to the clause which gives to local governments the right of dividing the sections of the Confederation into constituencies and electoral divisions. This power may become very dangerous and lead to great practical injustice, and should, I think, be placed in the hands opt the General Government.

Then, as to the question of education, I hope the Government will secure to Roman Catholics in Upper Canada the same rights which will be extended to Protestants in Lower Canada. To have the same privileges is only equal justice, which I trust and believe will be granted. Having been if communication with several of the Roman Catholic clergy, I can say that they desire to have every justice done to their Protestant fellow-subjects, but expect to have the same privileges granted to Roman Catholics in Upper Canada (who are the minority there,) as will be given to the Protestant minority in Lower Canada. (Hear, hear.)

Again, emigration is a subject which is left to the Local as well as the General Government to deal with. I think it should be under the care of the General Government entirely.

One of them is a matter in which Lower Canada is somewhat peculiarly interested— the system of marriage and divorce, which, I see, is to be left in the hands of the Federal Government.

filature, should be composed. But it appears to them to require further consideration whether, if the members be appointed for life, and their number be fixed, there will be any sufficient means of restoring harmony between the Legislative Council and the popular Assembly, if it shall ever unfortunately happen that a decided differ emcee of opinion shall arise between them. Now the point of this (Mr. CARDWELL’S) objection clearly is to the number being fixed, not to the principle of nomination, nor to members being appointed lord life.

The objections which have been raised to nomination by the Crown or the Executive Government are of very little effect at this time of day. For myself I should have preferred to have the nomination of legislative councillors vested in the Crown independently cu the recommendation of the Local Government, so as to have left die prerogative unfettered. They is no doubt that abuses formerly existed in Canada when the nominative system was in force—before responsible government was established and when the Colonial Office meddled a good deal with the affairs of the province; but now every honorable gentleman with any knowledge of historical events in Canada will say at once the case is altogether altered. So far from interfering in our internal matters, the Colonial Office now leaves us a great deal to ourselves and lets us do as we please. There never was a freer Constitution than ours. Under these altered circumstances, I should have preferred, I say, that in order to avoid all appearance of nominations for party purposes, the direct nomination of legislative councillors should have been left to the Crown or the Crown’s representative in the Confederation. (Hear.) There was one remark made by the hon. member for Wellington in reference to Mr. CARDWELL’S letter, which I think was made in error. He inferred from that despatch that Mr. CARDWELL was opposed to the nominative system. Now, the passage he alluded to was this : — The second point which Her Majesty’s Government desired should be reconsidered is the Constitution of the Legislative Council. They appreciate the considerations which have influenced the Conference in determining the mode in which this body, so important to the constitution of the Le-

In considering the project of Confederation, one of the principal subjects which has undergone discussion in this House has been the proposed Constitution of the Council, and the most prominent question connected with it has been the question of the elective versus the nominative, principle. Although an elected member, I voted without the least hesitation against the elective principle, and I believe that in doing so I represented the views of my constituents as well as my own—I mean the great majority of my constituents, for there may be some exceptions with regard to this point, as there are no doubt with respect to the general question of Confederation. I based my vote on what is, I think, a true principle in politics, which is that if you wish a check to be established, such as I think this Council is intended to establish on the legislation of the other branch, you must not have the two Chambers returnable by the same constituents. If the constituents of both Houses are nearly the same, you lose the power of check, or at least you will not have it effectual, because you will have the same sentiments and feelings represented in this House as in the other. I am not singular in this opinion, but were I to cite the opinions of men who are of a conservative turn of mind, and who have always upheld the privileges of the aristocracy and the prerogative of the Crown, I should, perhaps, give you opinions which would carry less weight with the opponents of this measure than will that of a gentleman whose views I will cite, who has written a great deal, and very ably, and who belongs to the ranks of the advanced Liberal party in England—I mean Mr. JOHN STUART MILL. In his chapter on the Second Chamber (Considerations on Representative Government, page 212), be says :— That there should be in every polity a centre of resistance to the predominant power in the Constitution—and in a democratic constitution, therefore, a nucleus of resistance to the democracy— I have already maintained, and I regard it as a fundamental maxim of government. If any people who possess a democratic representation are, from their historical antecedents, more willing to tolerate such a centre of resistance in the form of a Second Chamber or House of Lords than in any other shape, this constitutes a strong reason for having it in that shape.

Will the representatives from the Lower Provinces allow that import duty to be imposed ? No, undoubtedly they will not. Attempt to carry it in the interest of Upper Canada and you will at once transform the whole of them into advocates for the repeal of the union. Thus you create cause for agitation in all the sections, and it will not long continue until you will again see another deadlock.

Let us then have direct taxation, and what will be the result ? If there is a large expenditure on the part of the General Government, in addition to this taxation, political agitators will arise, who will cry out that the public burdens are unequally borne —(hear)—that two-thirds of the revenue is borne by the people living west of Quebec— that is, the population west of this city will, man for man, pay twice as much to the public exchequer as the population east of it.

It is said that, as you have a responsible government, the Government of the day will be held responsible to the people, through their representatives in the lower branch of the Legislature for the appointments, it may make to this House. Admitting this to be the case, we know what the tendency is in England, and what it was in this country when the Government had the appointment of the members of the Legislative Council ; the effect will be to find a place in this House for men distinguished for the aid they have given at elections to certain men or parties, and not as a reward of true merit or legislative ability. Furthermore, if this House is to be of any value at all, it is as affording a wholesome check over hasty and unwise legislation. But if you place the whole legislation of the country in the hands of a single man or body, I care not whether it is democratic or aristocratic in its tendencies, a power like that in the hands of the Executive to create the Legislative Council is a dangerous one. Unrestrained or unchecked action by a single elected body of the most democratic character is apt to go astray if they feel they have only themselves to consult. This is what is proposed to be done under this scheme ; but let this House be elected, as before, by the people ; let them be returned for a period of eight years as at present, or even longer if desired, and then, if there is a demand for legislation of a selfish or ill-considered character—a demand which, founded on ignorance or passion, is likely to right itself after the lapse of a few years—the members of this House would take the responsibility upon themselves of rejecting it, and public opinion would eventually sustain them and acknowledge that they have done some service to the country. But inasmuch as you appoint these members for life, you have no check over them, nor are they so likely to check legislation of an immature and ill-considered character. While the Ministry of the day which appoints them remains in power, it will expect and receive a cordial support from them ; but let it be defeated, and a ministry, formed out of the opposite party, obtain office, there will certainly be difficulty —there will be a tendency to dead-locks between the two branches of the legislature, and a repetition of those scenes which were witnessed in this country some years ago, and which formed one of the principal causes that brought about the rebellion of 1837.

We would seem to have overlooked a fundamental principle of all free governments, that governments should be carried on for the good of the governed ; and the principle of responsible government, according to which government must be carried on according to the well-understood wishes of the people. HON. MR. MCCREA—As expressed by their representatives. HON. MR. REESOR—AS expressed, my honorable friend says, by their representatives.

Failing to do that, and failing to consent to any alteration in any one of the resolutions, however objectionable, I think it is our duty to refer it to the people for their decision upon it. I know I will be met with the objection that this is contrary to British practice—that a reference to the people in the manner I propose is unknown to the British Constitution.

This liberal bribe to bring New Brunswick into the union, one would think, was quite enough to satisfy the little province

I vote for Confederation because I consider it essential to the maintenance of British connection, and to preserve that, I for one am prepared to make many sacrifices.

With reference to the change doing away with our elective Legislative Council, of which we have heard so much, I for one can say that I consider the delegates came to the only correct conclusion, and this is no new conclusion, and involves no change of opinion on my part, for I can appeal to an honorable member of this House as to whether, within half an hour of taking my seat in it, I did not express the opinion that though it was not right to speak ill of the bridge over which one had crossed safely, yet that I was opposed to the elective system as applied to this House.

I refer now to the sixth clause, with reference to education. Now, hon, gentlemen, it strikes me it was decidedly wrong on the part of the delegates to place anything in reference to the education of the people of Upper and Lower Canada in this scheme. I will give my reasons for it, and I think those reasons are good. I think it should be left fully and entirely to the people of Upper and Lower Canada to decide what is best with reference to this matter. We see already that both in Upper and Lower Canada both parties are actively engaged endeavoring to press upon the attention of both Houses of Parliament the necessity of granting them greater privileges than they already enjoy. They seem to be determined to have nothing less for their Catholic education than a full staff of officers, together with model and normal schools, and all the paraphernalia which attach to the present common school system. That which in Upper Canada was regarded as a finality in school matters is now scouted at, and the advocates of separate schools go so far as to insist upon having a college ; and the object is no doubt to place themselves in a position to be wholly independent of the proposed local government of Upper Canada. So far as I am individually concerned in reference to schools, I would far rather that the school system was worked out in both provinces on the principle of the common schools. I see no reason why in any neighbourhood a portion of the children should be sent to one description of school, and a portion of the children sent to another description of school.

to vote away that right which has been granted by the Constitution of our country to those who now have the privilege conferred upon them of exercising the elective franchise so far as regards this Chamber. I feel that I should do a great wrong and perpetrate a great injury to the electors who sent me here, were I to vote for that portion of the scheme which contemplates the taking away of their franchise altogether.

When these resolutions were printed by the Government I received one from the Honorable the Provincial Secretary, marked ” Private,” and I also at the same time received a note from that honorable gentleman, stating that these resolutions were not then intended for the eye of the public. The consequence was, I felt that I could not read these resolutions, and meet my constituents and tell them that I knew nothing in reference to Confederation. Thus feeling my hands tied, I placed the resolutions in my desk, and left them there; and never did I examine them to ascertain what honorable gentlemen had done until I took my seat on the floor of the House. I could not feel free to place myself in a position before my constituents, and on being asked from time to time what were the prospects of Confederation and what were its details, give a truthful reply with the restrictions placed upon me, were I to have read the resolutions ; and therefore I did not read the resolutions, so that I might honestly say I knew nothing about them.

It is true that the elective principle is affirmed in both ; but then the motion of the Hon. Mr. SANBORN went further and applied the elective principle to the Maritime Provinces, and was favorable to the retention of the life members, and it also extended the life principle to the Maritime Provinces, and contemplated the addition of ten life members to this Chamber from those provinces. My motion simply affirms the elective principle so far as Canada is concerned, and between the two I think there is a material difference.

Under them the appointed councillors will, in Lower Canada, be required to reside in certain divisions or to hold their property there. In Upper Canada the same property qualification applies, but as to residence there is no restriction ; whilst in one of the Maritime Provinces (Prince Edward) qualification is based on personal property only. Hence there is in reality very little symmetry about the scheme.

To resolve, in amendment to the resolutions of the Hon. Sir E.P. TACHE,—That the Legislative Councillors representing Upper and Lower Canada in the Legislative Council of the General Legislature, shall he elected as at present, to represent the forty-eight electoral divisions mentioned in schedule A of chapter first of the Consolidated Statutes of Canada, and each such Councillor shall reside or possess the qualification in the division he 13 elected to represent.

years before The progress of the country requires that from time to time men should enter this House as representatives of the opinions of the day.

It was for the purpose of attaining this end that the country was broken up into divisions, that it was required that the councillors elected should be residents in the divisions, or should be the owners of real estate within their limits of the value of £2,000 ; but under the system of Crown nominations to seats in this House, the choice might fall, as it formerly did, on persons residing in the large cities ; it would not be difficult for them to acquire £1,000 worth of real estate in the divisions, and the country would not be equally represented in this House. Another reason why the elective system is preferable to that of nominations by the Crown, is that on every fresh election the newly elected member represents the opinions of the people then prevailing, whereas councillors appointed for life may sometimes represent public opinion as it existed twenty

He told us that to restore the credit of the Legislative Council it had been found necessary to make it elective ; but this was not the sole inducement for the change; there was another motive quite as reasonable for making the Council elective, and this motive was that in causing the Councillors to be elected, they would be taken from among all parties in the country, and would, therefore, represent the public opinion of the different parties in it.

changes undergone by our own Legislative Council, so that I need not recur to that subject. The Hon. Commissioner of Crown Lands has asserted that we are justified in voting on the proposed reversal of the Constitution without an appeal to the people. I beg to differ from that opinion. I know the nature of a trust, whether civil or political; they both entail very much the same duties. Well, what is the charge entrusted to us by our constituents ? That of working out the present Constitution to the best of our understanding and of our judgment.

Another provision of the project which we cannot approve is that by which the constitution of the Legislative Council is based on the nominative principle, instead of the elective principle which now prevails, as regards that branch of the Legislature, under our own Government. I have already had occasion to express my opinion as to the constitutional

the 67th resolution. I find by this resolution ” that the General Government will fulfil all engagements entered into, previous to the union, with the Imperial Government, for the defence of the country.” Now strange to say, the authors of this document do not even take the trouble to state by whom such engagements must be made. No, they simply assert the obligation in the terms of the resolution I have just quoted. Suppose our Government had entered into an engagement to the extent of fifty millions of dollars, shall we—can we—affirm that the engagement was a necessary one, by voting for the measure without knowing the nature of the engagement ?

By art. 6 of the 43rd resolution, we perceive that the local legislatures will have the power of making laws in relation to education, saving, however, the rights and privileges enjoyed by the Catholic and Protestant minorities in relation to their separate schools at the time of the union ; so that by this resolution we are to affirm that the minorities shall be bound by the school laws which will be in force at the moment when Confederation will take effect. On the other hand, we are told that a measure will be brought down for the better protection of the rights of the Protestant minority in Lower Canada, whilst at the same time we are not informed whether the same advantages will be accorded to the Catholic minority in Upper Canada. Thus these school laws form a portion of the scheme upon which we are called to vote, and if unfortunately, after we have adopted these resolutions we are unable to obtain justice for the Upper Canadian minority, shall we not be guilty of having voted for the scheme without having known all about it? We ought then to be on our guard. If, as it is pretended, the measure will not endanger the rights of the Catholic minority in Upper Canada, why are we refused the details and the information which we ask to have afforded to us before pronouncing on the merits of the plan ? I maintain that any one who desires that justice should be extended to the minorities in question, would not know how to vote as we are called upon to do. In the absence of the information which we are entitled to demand from the Government as to the nature opt the guarantees to be offered by the new Constitution to the minorities of the two provinces of Canada, I do not for one instant hesitate to declare that this Honorable House is justified, and indeed fulfils a sacred duty in demanding the delay sought for by the motion of the hoe. member for Niagara.

Yet representation by population was a question of such political importance, that its satisfactory solution would justify the bringing about such a change as this. That was a sufficient motive to induce statesmen to join together and seek some way of escape from it. I think the scheme now submitted is perhaps the best that could have been found attainable, and I give its framers all credit for it.

HON. MR. VIDAL—I am not speaking of the mode of selection. (Hear, hear.)— Twenty-one members of this Legislative Council are to be told that they are no longer wanted. Are they to be those called by Her Majesty in former times to sit here, or those representing the people? It seems to me only fair that those who hold appointments from the Crown for life are entitled to retain their seats, to go first into the new House, and the rejection will then be of the elected members. It will involve nearly half of these, and it is quite obvious that it places all honorable members of this Chamber in a very anomalous position to be called upon to vote on such a question as this.

HON. MR. VIDAL—In compelling the first selection of legislative councillors from the members of the Chamber, the Conference have put a restraint on the prerogative of the Crown which they had no right to impose. I am unwilling for a moment to suppose that any low or unworthy motive actuated the Canadian delegate?, who alone are responsible for this detail, or that they did this in hopes of securing the votes of any members of this House in favor of their scheme, which they could not otherwise have been sure of; still that part of the scheme has an awkward appearance, and some honorable members may feel with the member from Wellington (Hon. Mr. SANBORN), that if it be not a bribe, it looks something very like it. I, however, do not see it in that light.