56 Matching Annotations
  1. Oct 2018
    1. When Mr. Galt, therefore, came into office; it was natural that the question of an union of the Colonies should at once be discussed-. I found him and several of the gentlemen about to assume office deeply impressed with the idea that, in some such union alone could be found the ultimate solution of the great question which had been made a ground of agitation by Mr. Brown, and his friends, at the general election, viz., the existing equality of representation -of Upper and Lower Canada, and the alleged injustice inflicted on the former by such equality. This question is one, I need not say, which threatened to touch the root of the present union of the two sections of Canada -as by law established, and might imperil its existence by reviving all the old antagonism of race and religion.

      §.51 of the Constitution Act, 1867.

    2. The union of Lower with Upper Canada was based upon perfect equality being preserved between these Provinces-a condition the more necessary from the differences in their respective language, law, and. religion; and although there is now a large English population in Lower Canada, still these differences exist to an extent, which prevents any perfect and complete assimilation of the views of the two sections.

      §.51 of the Constitution Act, 1867.

  2. Sep 2018
    1. It is true that the House of Lords, Conservative though it be, finds itself removed from all popular influence; but its numbers may be increased upon the recommendation of the responsible advisers of the Crown, if such a measure were to become necessary to obtain the concurrence of both Houses, or to prevent a collision between them. The position which its members occupy in it establishes a sort of compromise between the Crown and the popular element. But this new House, after Confederation, will be a perfectly independent body; its members will be nominated for life, and their number cannot be increased. How long will this system work without bringing about a collision between the two branches of the Legislature? Let us suppose the Lower House composed in a great part of Liberals, for how long a time would it submit to an Upper House named by Government? Be kind enough to observe, Mr. SPEAKER, that under the old system, the Legislative Council possessed the same elements of existence as the House of Lords, and that the Crown could increase its numbers at need; it augmented it in 1849, as it threatened to augment the House of Lords in 1832. Observe, again, that it is precisely this control exercised by the Crown over the Upper House that the hon. gentleman found so fatal to legislation previous to 1856. But there is a more rational manner of appreciating the part sustained by the House of Lords in the British Constitution. No one denies to the Sovereign the abstract right of increasing at will the House of Lords; but such right has never been exercised but for the purpose of rewarding men distinguished for great national services and when, in 1832, WILLIAM IV. granted Earl GREY the tremendous power to swamp the representative body of the great landed nobility, it was because the country was moving with rapid strides towards revolution, and because there remained to the Sovereign but two alternatives, either to lessen the moral weight of the House of Lords, or to see his own throne knocked to pieces from under his feet.

      §§.22, 24, 26, 51, and 52 of the Constitution Act, 1867. of the Constitution Act, 1867.

    2. It must then have been a real revolution, this nomination of one hundred new peers, a revolution as real as that which menaced the Throne; and do we not feel persuaded that if one day our Federal Legislative Council were to place itself obstinately and systematically in opposition to popular will, matured and strengthened by ordeals, it would not be swept away by a revolutionary torrent such as threatened to sweep away the House of Lords in 1832? This Council, limited as to numbers , because the provinces insist on maintaining in it an equilibrium without which they would never have consented to a union, this Council, sprung from the people—having the same wants, hopes and even passions, would resist less the popular will in America, where it is so prompt and active, than could the House of Lords in England, where the masses are inert because they have not political rights; reason tells us thus because they would be a less powerful body socially or politically.

      §§.22, 24, 26, 51, and 52 of the Constitution Act, 1867. of the Constitution Act, 1867.

    3. We have accorded the principle of representation based upon population in the House of Commons of the Federal Government, and that is without doubt a great sacrifice; but we ought only to make so important a concession on the condition that we shall have equality of representation in the Legislative Council, and the right reserved to ourselves to appoint our twenty-four legislative councillors, in order that they may be responsible to the public opinion of the province and independent of the Federal Government.—Without this essential guarantee I affirm that the rights of Lower Canada are in danger. For my part I am ready, on behalf of Lower Canada, to give up her right to elect directly her twenty-four legislative councillors, although the retention of the elective principle might perhaps be the surest means of preserving our institutions; but I am anxious that the new Constitution now proposed should give us adequate guarantees that the legislative councillors to be appointed for life should, at all events, be selected by the Local Government of Lower Canada, which would be responsible to the people. These not ill-grounded sources of anxiety I should like to see removed.

      §§.22, 24, 51, and 52 of the Constitution Act, 1867. of the Constitution Act, 1867.

    4. It appears therefore that the only alternative which now offers itself to the inhabitants of Lower Canada is a choice between dissolution pure and simple, or Confederation on one side, and representation by population on the other. And however opposed Lower Canada may be to representation by population, is there not imminent danger that it may be finally imposed upon it, if it resist all measures of reform, the object of which is to leave to the local authorities of each section the control of its own interests and institutions. We should not forget that the same authority which imposed on us the Act of Union, or which altered it without our consent, by repealing the clause which required the concurrence of two thirds of the members of both Houses in order to change the representation respecting the two sections, may again intervene to impose upon us this new change.

      Preamble, Part V, §§.51, 52, 91, 91(1), 92, and 92(2) of the Constitution Act, 1867. of the Constitution Act, 1867.

    5. The honorable member for Brockville, the Postmaster General, the Speaker, and other members representing Lower Canadian counties, in the present Parliament, have already voted for representation by population. Before long, it will become impossible to resist the demand of Upper Canada in this respect. If representation by population be not granted now, it will infallibly obtain it later, but then without any guarantee for the protection of the French Canadians.

      §§.51 and 52 of the Constitution Act, 1867.

    6. Representation “based upon population was one of the least causes of this project. [And further on] : But, as soon as the Government found itself, after its defeat, obliged either to resign or to appeal to the people, gentlemen on the other side of the House, without there being the slightest agitation on this question, prepared to embrace their most violent adversaries, and said to themselves: ” We are going to forget our past differences, provided we can preserve our portfolios. “

      §§.51 and 52 of the Constitution Act, 1867.

    7. Necessarily, I do not mean to say that I shall always be opposed to Confederation. The population may extend itself, and cover the virgin forests which exist between Canada and the Maritime Provinces, and commercial relations may increase in such a manner as to render Confederation necessary.

      §§.51 and 52 of the Constitution Act, 1867.

    8. Mr. DORION argued that when Lower Canada had the preponderance of population, complaints were of the inequality of the representation of that section. The union of Belgium and Holland, which was somewhat similar to that at present existing between Upper and Lower Canada was dissolved when it was found it did not work advantageously to both countries. He instanced a number of questions on which it was impossible for Upper and Lower Canada to agree; public feeling being quite dissimilar— subjects popular in one section being the reverse in the other. He warned Lower Canada members, that when the time came that the whole of the representatives from the western portion of the province would be banded together on the question, they would obtain representation by population, and secure the assistance of the Eastern Township members in so doing. He regarded a Federal union of Upper and Lower Canada as a nucleus of the great Confederation of the North American Provinces to which all looked forward. He concluded by saying he would vote for the resolution, as the only mode by which the two sections of the province could get out of the difficulties in which they now are. He thought the union ought to be dissolved, and a Federal union of the provinces would in due time follow.

      §§.51 and 52 of the Constitution Act, 1867.

    9. The honorable member for Brockville, the Honorable Postmaster General, the Speaker, and other members representing Lower Canadian counties in the present Parliament, have voted for representation by population. Before long, it will be impossible to resist the demands of Upper Canada in this respect. If representation by population is not granted now, it will infallibly obtain it at a later period, but then without any guarantees for the protection of the French- Canadians. The repeal of the union, a Federal union, representation based on population, or some other great change must in all necessity take place, and for my part I am disposed to consider the question of representation by population, in order to see if it may not be conceded with guarantees for the protection of the religion, the language, and the laws of Lower Canadians. I am equally ready to take into consideration the project of a Confederation of the provinces, leaving to each section the administration of its local affairs, as for example the power of regulating its own civil, municipal and educational laws; and to the General Government the administration of the public works, the public lands, the post-office department, and commerce.

      §§.51, 52, 91, and 92 of the Constitution Act, 1867. of the Constitution Act, 1867.

    10. The Conservative party has always opposed representation by population under the present union, because under this union we are face to face with the population of a country of which the products are different from ours, and of which the interests are not always identical with ours. This question was strongly agitated. The whole people of Lower Canada resisted that demand, and the whole Conservative party firmly refused to consent to it, while the other party—the Opposition party—held out hopes to those who demanded that measure, and allied themselves with them.

      §§.51 and 52 of the Constitution Act, 1867.

    1. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    2. 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

      §§.51 and 52 of the Constitution Act, 1867.

    3. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    4. 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.

      §.51 of the Constitution Act, 1867.

    5. 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

      §.51 of the Constitution Act, 1867.

    1. 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,

      §§.24 and 51 of the Constitution Act, 1867.

    2. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    3. 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.

      Preamble, §§.51, 52, and 93 of the Constitution Act, 1867.

    4. 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.

      §§.51 and 52 of the Constitution Act, 1867.

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

      §§.51 and 52 of the Constitution Act, 1867.

    6. 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

      §§.51 and 52 of the Constitution Act, 1867.

    1. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    1. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    2. 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

      §§.51, 52, 91, and 92 of the Constitution Act, 1867.

    3. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    4. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    1. 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 ?

      §§.51 and 52 of the Constitution Act, 1867.

    2. 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,

      §§.51 and 52 of the Constitution Act, 1867.

    3. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    1. 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.

      §§.51 and 52 of the Constitution Act, 1867.

    1. Lower Canada in the position of having to trust for the protection of their rights to the people of Upper Canada, who would thereby have the majority in the Legislature.

      §§.51, 91, and 92 of the Constitution Act, 1867.

    2. I always stated that the difference existing in the religious faith of the people of the two sections, in their language, in their laws, in their prejudices even—for there are prejudices which were respectable and ought to be respected—would prevent any member from Lower Canada, representing a French constituency, from voting for representation by population, pure and simple, and thereby placing the people of

      §§.51, 91, and 92 of the Constitution Act, 1867.

    3. are essential for the ends of the Confederation and consequently we ought to reserve for the subdivisions as ample powers as possible. Customs, finance, laws regulating the currency, patent rights, Crown lands and those public works which are of common interest for all parts of the province, ought to be the principal, if not the only subject submitted to the control of the Federal Government, while all that belongs to matters of a purely local character, such as education, the administration of justice, the militia, the laws relating to property, police; &c, ought to be referred to the local governments, whose powers ought generally to extend to all subjects which would not be given to the General Government. The system thus proposed would in no way diminish the importance of the colony nor impair its credit—

      §.51 of the Constitution Act, 1867.

    4. To return to the Toronto Convention. I was invited to attend it, but though I was unable to do so, certain communications took place, and a meeting of the liberal members of the House from Lower Canada was held, and a document issued, signed by the present Minister of Agriculture (Hon. Mr, MCGEE) , Hon. Mr. DESSAULLES, Hon. Mr. DRUMMOND, and myself. The document was given to the public for the purpose of setting forth the views which we held as to the settlement of the difficulty. Pretended extracts have been given from that document, as from my speech, to attempt to prove all sorts of things as being my views, but I can show most clearly that the proposition made in it was just that which had been made in 1858, viz, the Confederation of the two provinces, with some joint authority for both. Both at that time, and at the time of the formation of the BROWN-DORION Administration, various suggestions were made as to the carrying out of the plan of confederating the two Canadas. Some thought that two entirely distinct legislatures should be formed ; one local for Lower Canada, another local for Upper Canada, with a general legislature acting for both. Others suggested the idea that the same legislature might fulfil all purposes; that the same body might meet and deliberate on questions of common interest, and that the members for each section might then separate and discuss all matters of a sectional character. Others, again, said the same result might be obtained by having but one legislature, and insisting that no laws affecting either section of the province should be carried, unless with the support of a majority from the section affected by them. These three plans were suggested—the first to have two entirely distinct legislative bodies, one for general purposes, others for local ones ; the second, to have one legislature, of which the parts should have the right to act separately for local objects, after general business had been disposed of; the third, to have but one body, but to resolve that no legislative act of a local nature should pass without the consent of a majority of the representatives from that locality. (Hear, hear,) The document to which I have just referred, issued in October, 1859, contained this language on the subject :— Your Committee are impressed with the conviction that whether we consider the present needs or the probable future condition of the country, the true, the statesman-like solution is to be sought in the substitution of a purely federative for the present legislative union ; the former, it is believed, would enable us to escape all the evils, and to retain all the advantages, appertaining to the existing union. * * * * * The proposition to federalize the Canadian union is not new. On the contrary, it has been frequently mooted in Parliament and the press during the last few years. It was no doubt suggested by the example of the neighbouring States where the admirable adaptation of the federal system to the government of an extensive territory, inhabited by people of divers origins, creeds, laws and customs, has been amply demonstrated; but shape and consistency were first imparted to it in 1856, when it was formally submitted to Parliament by the Lower Canada Opposition, as offering, in their judgment, the true corrective of the abuses generated under the present system. The document further went on to say : — The powers delegated to the General or Federal Government ought to be those only which

      §.51 of the Constitution Act, 1867.

    5. Confederation of the two provinces or by representation according to population, with such checks and guarantees as would secure the religious faith, the laws, the language, and the peculiar institutions of each section of the country from encroachments on the part of the other. The subject came up again in the latter part of 1850, when the Toronto Convention took place. I should, however, first say that, when the BROWN-DORION Administration was formed, the Hon. the President of the Council urged very strongly that representation by population should be taken up as the method by which to settle the constitutional question ; while, on the contrary, I saw the difficulty of so taking it up, even with such checks and guarantees as were spoken of, and made the counter-proposition that a Confederation of the two provinces should be formed.

      §.51 of the Constitution Act, 1867.

    6. When on the first question, I trust I shall be permitted to go a little into the history of the agitation of representation by population, for I owe it to myself, to my constituents and the country. My name has been used in various ways. It has sometimes been said that I was entirely favorable to representation by population—at other times that I was entirely favorable to the Confederation of the provinces, and I will now endeavor, once more, to state as clearly as possible what my real views have been and still are. (Hear.) The first time representation by population was mooted in this House, on behalf of Upper Canada, was, I believe, in the Session of 1852, when the Conservative party took it up, and the Hon. Sir ALLAN MACNAB moved resolutions in favor of the principle. We then found the conservatives arrayed in support of this constitutional change. It had been mooted before on behalf of Lower Canada, but the Upper Canadians had all opposed it. I think two votes were taken in 1852, and on one of these occasions the Hon. Attorney General West (Hon. J . A. MAODONALD) voted for it ; it came up incidentally. In 1854 the MACNAB-MORIN coalition took place, and we heard no more of representation by population from that quarter—that is, as mooted by the Conservative party, who from that moment uniformly opposed it on every occasion. It was, however, taken up by the present Hon. President of the Council, the member for South Oxford, and with the energy and vigor he brings to bear on every question he takes in hand, he caused such an agitation in its behalf as almost threatened a revolution. As the agitation in the country increased, so did the vote for it in this House increase, and on several occasions I expressed my views upon the subject. I never shirked the question—I never hesitated to say that something ought to be done to meet the just claims of Upper Canada, and that representation based on population was in the abstract a just and correct principle. I held, at the same time, there were reasons why Lower Canada could not grant it ; I entreated Lower Canadian representatives to show themselves disposed to meet the views of Upper Canada by making, at any rate, a counter proposition ; and in 1856, when Parliament was sitting in Toronto, I, for the first time, suggested that one means of getting over the difficulty would be to substitute for the present Legislative union a Confederation of the two Canadas, by means of which all local questions could be consigned to the deliberations of local legislatures, with a central government having control of commercial and other questions of common or general interest. I stated that, considering the different religious faith, the different language, the different laws that prevailed in the two sections of the country, this was the best way to meet the difficulty ; to leave to a general government questions of trade, currency, banking, public works of a general character, &c, and to commit to the decision of local legislatures all matters of a local bearing. At the same time I stated that, if these views should not prevail, I would certainly go for representation by population, and such checks and guarantees as would secure the interests of each section of the country, and preserve to Lower Canada its cherished institutions. (Hear, hear.) This speech, sir, has been twisted in all sorts of ways. I have heard it quoted to prove that I was in favor of representation by population, pure and simple ; that I was in favor of a Confederation of the provinces and for several other purposes, just as it suited the occasion or the purpose of those who quoted it. (Hear and laughter.) The first time the matter was put to a practical test was in 1858. On the resignation of the MACDONALD-CARTIER Administration, the BROWN-DORION Government was formed, and one of the agreements made between its members was that the constitutional question should be taken up and settled, either by a

      §.51 of the Constitution Act, 1867.

    7. This scheme, sir, is submitted to us on two grounds ; first, the necessity for meeting the constitutional difficulties which have arisen between Upper and Lower Canada, owing to the growing demands on the part of Upper Canada for representation by population ; and, secondly, the necessity for providing more efficient means for the defence of the country than now exist. These are the only two grounds we have heard

      §.51 of the Constitution Act, 1867.

    1. position—I am sure it was not pressed upon him by the delegates from the Maritime Provinces— comes forward and says, ” I will give you ten members as a set-off against the twenty-one members who are now members for life in the Canadian Legislative Council.” If I am not wrong in my arithmetic, ten are not a third of twenty-one. If the honorable gentleman had given seven members to the Lower Provinces as a set-off against the life memo. ers of this House he would have acted with strict justice, but he is generous enough to give them three more—ten, or nearly one half.

      §§.22, 24. 51, and 52 of the Constitution Act, 1867.

    2. I have just said the agreement was that there should be equality in the representation in the Legislative Council. But the honorable gentleman has moved that the elective members as they now stand should form the Legislative Council in the Federal Government, and that also the life members should continue for the remainder of their days ; and, as a set-off against the life members, he proposes to allow the other provinces a certain number of new members who should have the right to sit in the Legislative Council of the Federal Government. But what does he do ? Does he preserve the proportion as laid down at the Convention ? Not a bit of it. The proportion agreed upon at the Convention was one-third to the Maritime Provinces ; the Lower Provinces grouped together had a right to send one-third of the representatives. The honorable gentleman, however, I suppose out of the fullness of his good dis-

      §§.22, 24. 51, and 52 of the Constitution Act, 1867.

    3. When the gentlemen who composed the Conference met, they had to lay down a broad basis, as it were, for the foundation of their superstructure. Well, it so happened that the corner-stone was that which concerned the representation in both Houses. It was agreed on the one hand that in the House of Commons of the Confederate Government representation should be according to numbers, and that in the other branch of the Legislature it should be fixed that this representation should be equal for all the provinces—that is to say, Upper Canada, and Lower Canada, and the Maritime Provinces, grouped into one, should each be allowed to send the same number of representatives, so as to secure to each province its rights, its privileges, and its liberties. We acted upon this principle, because we felt that if the House of Commons’ representation was based upon population, equality should be secured in the other branch of the Legislature.

      §§.22, 24. 51, and 52 of the Constitution Act, 1867.

    4. It will secure to the people of Upper Canada the entire control of their local affairs, which I regard as being of the utmost importance. It will put an end to the system of duplicating in one section of the province large amounts of money granted to the other for colonization roads and other local objects, on which vast sums have been squandered. It will secure to the people of Upper Canada representation by population in that branch of the Federal Legislature which controls the purse-strings. It will also give to them all the unsold Crown lands in the western section of the province. And I trust the promises made with reference to the widening and deepening of our canals, and the opening up of the North-West Territory will be carried out in good faith.

      §§.51, 52. 91, 92, and 146 of the Constitution Act, 1867.

    5. I need hardly remind honorable gentlemen that nothing could be more unsatisfactory than the state of our public affairs for a long time past. The Legislature has been called together year after year, and the usual sessional expenditure incurred—which is always very large—but the sectional majorities arrayed against each other in the other Chamber, rendered useful legislation almost, if not altogether, impossible. Whatever government was in power lived, as it were, by the day, and being engaged in a constant struggle for existence, the very natural desire to obtain increased strength frequently led to the distribution of patronage and the expenditure of public money in a way that could not be justified.

      §§.51 and 52 of the Constitution Act, 1867.

    1. The principle of the double majority, as a remedy for our difficulties, has proved to be a failure ; representation by population, which would have satisfied Upper Canada, has been persistently denied by Lower Canada ; and, therefore, I see no resource but to fall back upon the project of the Confederation of the provinces.

      §.51 of the Constitution Act, 1867.

    2. HON. MR. ROSS—That was a legislative union, while in this the representation will be based on population. HON. MR. SEYMOUR—That does not affect the case. After the Irish union was effected, what was the representation of Ireland in the House of Commons? It was 100 members in a total number of 656 ; and in the House of Lords 28 Peers, in a House of 450 members. And although it was considered by England an absolute necessity that the union should be brought about, she did not give a preponderance, and scarcely a fair share, of the representation to the sister kingdom. HON. MR. ROSS—That is because in the English Parliament they do not recognize the principle of representation by population. HON. MR. SEYMOUR—My hon. friends will say that this proposed change is neither American nor English. SEVERAL HON. MEMBERS—It is Canadian. (Hear, hear.)

      §.51 of the Constitution Act, 1867.

    3. Well, that is a matter of very little importance. (Laughter.) Now, honorable gentlemen, I have shown that this scheme has no precedent, even on the other side of the line. Among all the wild republican theories of our neighbors, they have never proposed to change the Constitution in this manner—never changed it, at all events, without the consent of the people, obtained in some form or other. Reference has been made, I think, by my honorable friend in front (Hon. Mr. Ross) to the union of England and Ireland. Well, every honorable member knows the means employed to bring about that union.

      §.51 of the Constitution Act, 1867.

  3. Aug 2018
    1. The hon. member also stated that he did not want to make a backward step in relation to the election of the members of the Legislative Council. In reply to that, I would state that the elective principle, as applied to the Legislative Council, becomes unnecessary in view of the numerical strength of Lower Canada in the Federal Parliament, for the House of Commons is the body that will make and unmake ministers. Why have the elective principle for the Legislative Council, since we shall have it for the House of Commons, since we shall have a responsible Government and a Federal Government, composed of members elected by the people ? The hon. member has stated that he desired to advance with the intellect of the people, and not to take a backward step. These are great words—the intellect of the people ! progress ! But for my part, I do not hesitate to assert, that the people will gladly sacrifice the election of the members of the Legislative Council, in view of the control of all the matters I mentioned before. The hon. member has said that the elective principle would have been the safe-guard of Lower Canada. I can understand this to be the case in a House which is able to make and unmake administrations, but in a House which is indissoluble, I cannot discover its importance. The safety of Lower Canada depends, not on the elective principle, but on the responsibility of the members of the Executive to the House of Commons. I may be permitted to say one word on the subject of the elective right, as it is the grand panacea for all the ills incident to humanity. We must not shut our eyes against evidence. Have we, since the union of several counties to form electoral divisions, seen persons of independent fortune and character, who do not seek to make a gainful pursuit of politics, offer themselves for election to the Legislative Council ? I acknowledge that the elections to seats in the Legislative Council which have taken place so far have had excellent results : the members sent hither by their constituencies have added new lustre to the body ; but has it not now become almost impossible to get an independent man to stand ? The contested elections in the large divisions have disgusted many who would do honor to the country, but who will not risk their fortune in an election ; and if we see such a result already, what is it likely to be hereafter ? We shall see political intriguers making their own of the electoral divisions as a living—living by politics and for politics only. We shall see what has been seen in other countries—people embracing political life as a shield against their creditors, sheltering themselves under its segis against the law. Such men will fill this House, to the exclusion of honor and honesty. I say again, those who now compose this House are honorable men, who are a credit to their country — in time, their seats will be filled by political intriguers.

      §§.24, 51, and 52 of the Constitution Act, 1867.

    2. Legislative Council of the Federal Parliament, the appointed members to remain for life, and the elective members for eight years from the date of their election, unless removed by death or other cause ; their successors to be elected by the same divisions and electors as have elected them.

      §§.25, 51, and 52 of the Constitution Act, 1867.

    3. This is the resolution which he proposes in amendment: Upper Canada to be represented in the Legislative Council by twenty-four elective members, and Lower Canada by twenty-four elective members, and the Maritime Provinces by twenty-four members, corresponding with the twenty-four elective members in each section of Canada, of which Nova Scotia shall have ten, New Brunswick ten, and Prince Edward Island shall have four, and the present members of the Legislative Council of Canada, as well life members as elective members, shall be members of the first

      §§.25, 51, and 52 of the Constitution Act, 1867.

    1. HON. MR. BROWN—I come now to the great meeting of the Reformers of Upper Canada, known as the Toronto Convention of 1859, and at which 570 delegates were present from all parts of the western province. Here are the two chief resolutions :— 5. Resolved,—That in the opinion of this assembly, the beat practicable remedy for the evils now encountered in the Government of Canada is to be found in the formation of two or more local governments, to which shall be committed the control of all matters of a local or sectional character, and some joint authority charged with such matters as are necessarily common to both sections of the province. 6. Resolved,—That while the details of the changes proposed in the last resolution are necessarily subject fur future arrangement, yet this assembly deems it imperative to declare that no Government would be satisfactory to the people of Upper Canada which is not based on the principle of representation by population.

      Preamble and §§.51, 91, and 92 of the Constitution Act, 1867.

    2. But I come next to the famous despatch to the Colonial Minister, signed in 1858 by my honorable friend the Minister of Finance, the Attorney General East, and the Hon. JOHN ROSS. It stated that ” very grave difficulties now presented themselves in conducting the Government of Canada “—that ” the progress of population has been more rapid in the western section, and claims are now made on behalf of its inhabitants for giving them representation in the Legislature in proportion to their numbers”— that ” the result is shown by an agitation fraught with great danger to the peaceful and harmonious working of our constitutional system, and, consequently, detrimental to the progress of the province”

      §.51 of the Constitution Act, 1867.

  4. Mar 2018
    1. The House would never have lees than 194 members, but it would increase at a very slow rate, as it would only be the greater increase of any Province over that of Lower Canada which would entitle it to additional representation, while, if the agricultural resources of Lower Canada became developed, and its mineral wealth explored, so that it increased faster than Upper Canada, then the number of representatives for Upper Canada would be diminished, not those for Lower Canada increased. Of course, to provide for the settlement of the remote portions of the country which might be brought in from time to time, power was reserved to increase the number of members ; but such members could only be increased preserving the relative proportions. One advantage which would flow from this was that white 194 or 300 members were certainly sufficient to carry on the business of the country, we should be spared the enormous expense which would be entailed upon us if the representatives were rapidly to grow up to 300 or perhaps 400 members.

      §§.51 and 52 of the Constitution Act, 1867.

    2. Population was made the basis, and to prevent any undue augmentation in the numbers of the Lower House as population increased, it was settled that there should be a fixed standard on which the numbers of the House should be calculated, and Lower Canada was selected as affording the proper basis.

      §§.51 and 52 of the Constitution Act, 1867.

    3. Now unless this were done, it was plain that Upper Canada would not, under any circumstances, have consented to be a party to the Union, since for many years it had been claiming additional representation as a matter of right, and would certainly not have entered a Confederation, unless a due share of control were given it over the expenditure and taxation to which it so largely contributed.

      §.51 of the Constitution Act, 1867.

    4. should have been a concession to Upper Canada, of additional members in proportion to its population, but that concession would, as be had already remarked, have been an invasion of the Federal principle, contained in the Union Act, and would unquestionably have been represented to the uttermost by a large proportion if not by the whole of Lower Canada.

      §§. 3 and 12 of the Union Act, 1840; §§. 51 and 52 of the Constitution Act, 1867.