Action on the Quebec Resolutions. In Canada. generally expressed in the meeting at Charlotte Town. They were elaborated in a clear and comprehensive speech, pointing out with minuteness the distinction between the Constitution proposed and the model from which it might be supposed to have been framed-that of the United States-and claiming emphatically that it was intended to be, as far as circumstances would permit, similar to that of the Imperial Government, and recognising the Sovereign of Great Britain as its sole and only head." The delegates, having sat for eighteen days and having passed the seventy-two Resolutions, went on tour through Upper and Lower Canada preaching the adoption of their scheme of union. Everywhere they were received with enthusiasm. In February and March, 1865, the Lower and Upper Houses of the Canadian Parliament respectively carried a Resolution to the effect: "That an humble Address be presented to Her Majesty, praying that she may be graciously pleased to cause a measure to be submitted to the Imperial Parliament for the purpose of uniting the Colonies of Canada, Nova Scotia, New Brunswick, Newfoundland and Prince Edward Island in one government, with provisions based on certain resolutions which were adopted at a Conference of Delegates from the said Colonies, held at the city of Quebec on the 10th October, 1864.” In neither House was this resolution passed without considerable debate. In the Lower House it was introduced by John A. Macdonald in a speech which both summarised the arguments for Union and explained the reasons for the form adopted in the Quebec Resolutions. "When we consider "-(he said)" the enormous saving that will be effected in the administration by one general Government-when we reflect that each of the five Colonies has a Government of its own, with a complete establishment of public departments and all the machinery required for the transaction of the business of the country--that each has a separate Executive, judicial and militia system—that each Province has a separate Ministry, including a Minister of Militia, with a complete Adjutant-General's Department-that each has a Finance Minister with a full Customs and Excise staff that each Colony has a large and complete administrative organisation, with as many executive officers as the general Government will have— we can well understand the enormous saving that will result from a union of all the Colonies-from their having but one head and one central system. And, as to the suggested form of Union : "The only means of solution for our difficulties was the junction of the Provinces either in a Federal or a Legislative Union. Now, as regards the comparative advantages of a Legislative and a Federal Union, I have never hesitated to state my own opinions I have again and again stated in the House that, if practicable, I thought a Legislative Union would be preferable. I have always contended that if we could agree to have one Government and one Parliament, legislating for the whole of these peoples, it would be the best, the cheapest, the most vigorous and the strongest system of government we could adopt. But, on looking at the subject in the Conference, and discussing the matter as we did, most unreservedly, and with a desire to arrive at a satisfactory conclusion, we found that such a system was impracticable. In the first place it would not meet the assent of the people of Lower Canada, because they felt that in their position-being in a minority, with a different language, nationality and religion from the majority-in case of a junction with the other Provinces their institutions and their laws might be assailed, and their ancestral institutions, on which they prided themselves, attacked and prejudiced. It was found that any proposition which involved the absorption of the individuality of Lower Canada-if I may use the expression-would not be received with favour by her people. We found, too, that there was as great a disinclination on the part of the various Maritime Provinces to lose their individuality, as separate political organisations, as we observed in the case of Lower Canada herself. There. fore we were forced to the conclusion that we must either abandon the idea of union altogether or devise a system of union in which the separate Provincial organisations would be in some degree preserved. So that those who were, like myself, in favour of a Legislative Union, were obliged to modify their views and accept the project of a Federal Union, as the only scheme practicable, even for the Maritime Provinces. Because, although the law of those Provinces is founded on the Common Law of England, yet every one of them has a large amount of law of its own-Colonial law framed by itself and affecting every relation of life-such as the laws of property; municipal and assessment laws; laws relating to the liberty of the subject, and to all the great interests contemplated in legislation. We found, in short, that the statutory law of the different Provinces was so varied and diversified that it was almost impossible to weld them into a Legislative Union at once." The opposition to the Resolution thus proposed centred round three main points; firstly, the form which the proposed union was to take it being argued that the only workable form was that which should give the largest powers to the local governments and merely a delegated authority to the general government; secondly, that there was no provision in the Quebec Resolutions as to the proposed constitutions of the local governments-a point which was at least as important as the constitution of the Federal government; and, thirdly, that no definite information had been given as to either the establishment of a permanent system of education or the construction of the inter-Colonial railway, both of which were understood to be involved in the establishment of union. This opposition, however, though elaborated in a number of lengthy speeches, had no effect upon the final result. The Resolution was carried in the Lower House by 91 votes to 33, and in the Upper House by 45 to 15. 1865. Thus, early in the year 1865, the Canadian Parliament, without In the Maritime any appeal to the electorate, had adopted the Quebec Resolutions. Provinces, But in the Maritime Provinces their reception was very different. In March, 1865, a general election was held in New Brunswick upon the question of the adoption of the Resolutions, with the result that the Anti-Federalist party was returned to power with a considerable majority. In Nova Scotia-where public opinion also inclined against the resolutions-the Government, warned by the result of the elections in New Brunswick, neither submitted the resolutions to Parliament nor went to the country on the question of their adoption. Nor was any action on the matter taken either in Newfoundland or Prince Edward Island during 1865. In the year 1866, however, there was a reaction in favour of 1866. union in New Brunswick. The Legislative Council passed a resolution in favour of union. The Governor-acting in defiance of the Anti-Federalist Ministry-accepted the resolution. The Ministry resigned, and another General Election reversed the result of that of 1865. The Anti-Federalists were overwhelmed, and a Federalist Ministry came into power. Encouraged by this result, the Ministry of Nova Scotia resolved to take action upon the Quebec Resolutions. They made the mistake, however, of not appealing to the country on the question of union; and though a resolution in favour of union was carried through Parliament by a large majority, it was subject to the condition that the Quebec Resolutions should be amended in favour of the Maritime Provinces; whilst the electorate in general took great offence at the neglect of the Ministry to give them an opportunity of voting on the question. This discontent was voiced two years later when the electorate of Nova Scotia registered an almost unanimous vote against the Government of 1866 at the first elections for the Dominion Parliament. The Quebec Resolutions were thus formally accepted by New Brunswick and Nova Scotia. But both Prince Edward Island and Newfoundland refused definitely to accept them. Meanwhile in Canada the Legislature made provision, at its session in 1866, for the Local Governments and Legislatures of Upper and Lower Canada when the union should be effected. "For the Maritime Provinces "—(says Mr. Gray*)—“ no such provisions were requisite. Their Constitutions would remain in operation as before Confederation, restricted only by such limitations as would be introduced by the Imperial Act effecting the union; but with reference to the two Canadas they were again to be reconstructed into different provinces and separately clothed with the legislative powers necessary for the management of their local affairs." It is a curious fact that--as far as the composition of the Provincial Legislatures was concerned-Lower Canada preferred to follow the English practice and retain two Houses; whilst Upper Canada, with its predominantly English population, declared in favour of a single Chamber. "The Legislative Council of Lower Canada was to be composed of 24 members, appointed by the Crown for life. pointed by the Crown, holding office during pleasure and voting only when the Speaker to be apthere was a tie; each Councillor representing one of the 24 electoral divisions, into which Lower Canada was then divided for the purpose of representation in the Legislative Council of United Canada of that day, and residing or possessing his qualification in the division which he represented. For the Lower House, or Legislative Assembly, the existing 65 electoral divisions into which Lower Canada was then divided for representation in the House of Assembly of United Canada were retained, and a distinct provision was inserted that such number should not be altered unless both the second and third readings of any Bill to effect such alteration should be passed with the concurrence of three-fourths of the members of the said Legislative Assembly. The lone Assembly of Upper Canada was to be composed of 82 members representing constituencies then designated and declared. " Provision was also made that the existing laws regulating elections then in force in United Canada, and applicable to either Upper or Lower Canada, should continue in force until altered or amended by the Legislatures newly to be constituted: provided only that the term of each House should continue for four years unless sooner dissolved by the Lieutenant-Governor of the Province to which it belonged, and that a longer period than twelve months should not intervene between any two sessions of the Legislature. . . . An additional resolution was also passed, providing for the adjustment of the debts, credits and liabilities, properties and assets of Upper and Lower Canada by arbitration, which was subsequently inserted in the British North America Act of 1867, but for which no provision had been made in the Quebec Resolutions."t "Confederation of Canada," p. 367. † J. H. Gray: "Confederation of Canada," pp. 368, 369. After the adoption of the Quebec Resolutions by Nova Scotia The British and New Brunswick early in 1866, those Provinces each appointed North America Act, 1867. a delegation to proceed to England to help in the passing of the necessary Imperial Act. Canada had appointed a deputation of Ministers which had gone to England in 1865; but had been informed that the Imperial Government, whilst eager for the union of the Provinces of Canada, could not take any steps towards that end so long as the Maritime Provinces were opposed to the scheme. An Imperial despatch was sent on the 24th June, 1865, to the Lieutenant-Governor of New Brunswick setting out the advantages of union; and the Canadian deputation returned home. Canada now sent a deputation to join those from Nova Scotia and New Brunswick. A conference of the three delegations met in London on the 4th December, 1866. Mr. J. A. Macdonald presided, and the Conference sat continuously for twenty days. Certain resolutions were then agreed to and transmitted to the Secretary of State for the Colonies. They were substantially the same as the Quebec Resolutions, but differed on the following points: (1) "The entire omission of the Representative of the Sovereign' in the fifth resolution, relative to the command of the naval and military forces of the Dominion, it being the intention that they, though a local force, should be directly under the control of the Sovereign as the head of the Empire. This was different from the old Constitution of the Provinces, under which the Governor-General and the Lieutenant-Governors claimed, as representatives of the Queen, to exercise, and did exercise, military command over the local forces within their respective governments. (2) "In the sixth resolution, constituting the Legislature, the term Sovereign' was inserted as a distinct and co-ordinate branch of the Legislature, a proviso which under the Constitution was necessarily understood, but the declaration of which was no doubt accidentally omitted in the Quebec Resolutions. (3) (4) " The eighth resolution was altered by giving to Nova Scotia and New In the twelfth, by making the necessary qualifications of a Senator (5) The twenty-third and twenty-fourth resolutions, as to the provisions (6) "The establishment of Penitentiaries' as an incident of the Criminal CANADA HIST. PART L (8) "The pardoning power, which under the 44th Quebec Resolution was given to the Lieutenant-Governors, was restricted to cases not capital'-and the provisions of the 43rd, respecting education, affecting the rights and privileges of the Protestant or Catholic minorities in the two Canadas, were extended to the minorities in any Province having rights or privileges by law as to denominational schools at the time when the union went into operation. And an additional provision was made that: In any Province where a system of separate or dissentient schools by law obtains, or where the local Legislature may hereafter adopt a system of separate or dissentient schools, an appeal shall be to the GovernorGeneral in Council of the general Government from the acts and decisions of the local authorities, which may affect the rights or privileges of the Protestant or Catholic minority in the matter of education, and the general Parliament shall have power in the last resort to legislate on the subject.' (9) (10) "An increased subsidy, in addition to the 80 cents per head, of 80,000 dollars, 70,000 dollars, 60,000 dollars and 50,000 dollars was made severally to Upper Canada, Lower Canada, Nova Scotia and New Brunswick; and the capitation subsidy of 80 cents in both New Brunswick and Nova Scotia extended until the population reached 400,000. A distinct provision for an Imperial Guarantee of £3,000,000 sterling for the Inter-Colonial Railway closed the substantial distinctions between the Resolutions agreed upon at Quebec and those submitted to the Imperial Government at London. Upon these resolutions so submitted, certain Bills were prepared by the Conference in conjunction with the Legal Officers of Her Majesty's Government, and at a number of interviews. cussed, amended and added to; until at last a Draft Bill was finally agreed . . their details were again disupon, which subsequently became the British North America Act of 1867. This Bill, so agreed upon, was submitted to the Imperial Parliament by Her Majesty's Ministers, carried, and finally enacted on the 29th March, 1867; and, on the Proclamation made in accordance with the provisions thereof, became on the 1st July, 1867, the Constitution of Canada. 'Apart from those formal details of the Bill which were essential to its proper construction, it is only necessary to observe-firstly, that power was given-not provided for in the Resolutions-to increase the numbers of the Senate and House of Commons under certain circumstances, but with express limitations; while, secondly, no power of pardon was conceded to the Lieutenant-Governors; and, thirdly, the power of legislating upon the subject-matter of laws of the several Provinces, relating to property and civil rights, which had once been legislated upon by the general Parliament, was simply made unrestricted' instead of exclusive in the general Parliament. The Proclamation declaring that the Imperial Act should come into force on 1st July, 1867, and nominating the Senate, was issued on 22nd March, 1867. Prior to the establishment of the Dominion, Acts were passed both in Nova Scotia and in New Brunswick forbidding the same individual being at the same time a member of the local Legislature and the Dominion Parliament. In Canada no such legislation was passed, and, as a matter of fact, during the first three or four years after union, the leading members of the Legislatures of Quebec and Ontario (as Lower and Upper Canada were then called) held seats in the Dominion Parliament. result of the Exclusion Acts in New Brunswick and Nova Scotia, As a the members of the local Governments and all other members of the local Legislatures who wished to be members of the Dominion Parliament resigned their seats and went to election. In New |