It will be observed that the basis of confederation now proposed differs from that of-the-United States in several important particulars. It does not profess to be derived from the people, but would be the Constitution provided by the Imperial Parliament; thus affording the means of remedying any defect, which is now practically impossible under the American Constitution.

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.

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.

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.

My hon. friend from Wellington admits that under the Constitution we have the power to alter the constitution of this House in so far as it relates to Canada, but he says we are not authorized to extend our action to the other provinces, in a scheme of Federal union. That is begging the question. I answer his objection that any change affecting the elective principle is a breach of trust. Besides, we do not propose to enact a system of Government embracing all British North America We have not the power to do so. We merely propose to address Her Majesty on the subject. The Imperial Parliament alone has that power ; but if we have power without a breach of trust to alter the constitution of the Legislative Council of Canada (and my hon. friend admits this), then, certainly, we cannot be guilty of a breach of trust in suggesting a change embraced in a Constitution for the various provinces.

and dissent from others, of his opinions. The essential conditions of a valid trust to express particular opinions in Parliament are then wanting. The persons nominating him to his office, do not concur as to the opinions which he is to express. How then can a trust exist which it is impossible to define. The real trust imposed on the representative is co-extensive with those obligations, which alone the trust-makers can generally confer on him,—namely, to exercise his representative power honestly and discreetly. This argument, of course, assumes that the candidate has not defined his parliamentary obligations by unconditional pledges.

That the elective members had received a sacred trust to exercise ; that they were seut here by their constituencies to represent them, and to do that only. Under these circumstances, how could they conceive they had the power to vote away the rights of their electors? That was not their mandate, and if they did, they would be doing that which they had no authority to do ; they would be doing that which they could not do without going beyond the authority con faded to them. Now, it must be frankly admitted that if the hon. gentleman’s position’ be correct, then his objection would be fatal to any elected member giving his concurrence to the scheme of the Conference. But , hon. gentlemen, let us enquire what is the position of a representative. Two elements enter into the idea of representation— namely, power and duty. A representative derives the former from his constituents acting by their majority, under the Constitution. From what source does he derive the latter ? Obviously not from his constituents, because even the majority are not agreed on all points connected with the discharge of his duty. My hon. friend (Hon. Mr. SANBORN) has spoken of the position of a representative, as being that of a trustee. I shall quote from a very able work on the British Commonwealth, in which that position is, to my mind, very fully and very satisfactorily proved to be incorrect. Cox says :— Any trust, to be obligatory in conscience, must be defined by the self-same persons who appoint the trustee, or the person who is to fulfil the trust. His powers and duties must be derived from identically the same authority, for it obviously would be contrary to morals, as it is to law, that a man would be bound in conscience to exercise, in a particular way, powers delegated to him by several others, when trey themselves, while delegating those powers, differ as to the mode in which they are to be exercised. For, which of the different ways is the trustee to choose? By whom of those who appoint him is he to be guided in preference to the rest ? At the most he is bound to exercise his trust in a particular way in those particulars only respecting which the trust makers are agreed. Let us now apply this abstract principle of equity to the relations between a representative and his constituents. Regard him as their trustee. With respect to the source of his power there is no ambiguity ; it is derived from his constituents acting by their majority. But from whom does he derive the duty of expressing this or that opinion in Parliament ? In what particular are the trust-makers agreed? The very majority who voted for him are rarely, perhaps never, all agreed on any one point on which their opinions have been compared with his. Some of them differ from him on some points, some on others, but they all voted for him, from personal consideration, or because of their agreement with him on those points which they respectively deemed most important. In the minority, also, are probably some electors who assent to some,

HON. MR. CHRISTIE—A number of the representatives in the Federal Congress who voted for it were democrats, and without their concurrence and support it could not have been carried. Besides, that was only an amendment, not a revision of the Constitution. The Constitution of the United States was not the work of a party. The revision of the Constitution of the State of New York, in 1846, was not the work of a party I t is not desirable that any Constitution should be the work of a party ; in so important an undertaking all party spirit should be laid aside. (Hear, hear.) Why ? Because men of all parties are alike interested in the formation of a Constitution, and because in the construction of such an instrument , the collective wisdom of the leading men of all parties is needed. Besides, a Constitution so framed will be more likely, as my hon. friend from Wellington has so well said, to live in the hearts and affections of the people. (Hear, hear.) To show the good sense of our neighbors on this point, they do not give the revision of a Constitution—and the work of the Conference was a revision of our Constitution—to any party, but to men specially chosen for the purpose, irom all parties ; and I think the Governor General, and the Lieutenant-Governors of the Lower Provinces acted most wisely when they selected men of all shades of political opinion to compose this Conference and to prepare this Constitution, because all party views and feelings being laid aside, the whole object and motive of the members of the body was to devise a scheme which would best tend to promote the good of their common country. (Hear , hear.)

HON. MR. CHRISTIE—The hon. gentleman, I see, has not changed the ground which he took the other day, and which is precisely as I stated it. He thinks it would have been to the public advantage if this question had been taken up and discussed by a party. In this, in my judgment, he is entirely wrong; and I say he can find no instance of a constitution having been revised by a party.

The honorable gentleman very correctly stated the manner in which the Federal Constitution may be amended, but he is in error as to the mode in which state constitutions may be revised. One of the most important of the States revised its Constitution in 1846. I refer to the State of New York. The modus operandi on that occasion was as follows :—An act was passed in the State Legislature authorizing the electors at large to choose delegates to a convention, for the express purpose of revising the Constitution. The instrument passed by the convention was then submitted to the Legislature for approval ; but the Legislature had no power to alter it. It had either to be rejected or accepted as a whole. It was so accepted, none of the details being altered. My hon. friend will see that while the Conference was composed of leading representatives of the people in the various provinces, those conventions are composed of gentlemen elected by the people for that special purpose; and that the only difference between them is in the mode of selection. However, in both cases, all political parties are represented.

We have had the Constitution of 1841 altered more than once—twice at least—since the union. If we find that some parts of the machinery do not work—if, after the establishment of the Confederation, we find some little error has been made—-we will then, no doubt, have power and authority also to alter it.