The House met pursuant to adjournment at 10 A.M.
After the readying of a number of Bills for the third time.
Progress was then reported.
The House then went into committee on a Bill to establish a Board of Health in the
City of Fredericton. Mr. Sutton in the Chair. This Bill passed by the addition of
a section including the town of Woodstock, by concurrence of Town Council.
The House went into Committee of the Whole on a Bill to authorize the Woodstock Railway
Company to issue debentures. Mr. Lewis in the Chair. The Bill was agreed to.
The House went into Committee on a Bill to provide for Reformatory Schools in this
Province. Mr. Beveridge in the Chair.
The House went into Committee on a Bill to incorporate the Miramichi, Richibucto and
Shediac Branch Railroad Company.
The Bill was agreed to by striking out the last section.
The House went into Committee on a Bill to allow the City of Fredericton to assess
for agricultural purposes, Mr. Needham in the Chair.
The Bill was agreed to.
The House went into Committee on a Bill to allow the County of York to assess for
agricultural purposees, Mr. Needham in the Chair.
The Bill was agreed to.
The House went into Committee of the Whole on a Bill to allow the Corporation of St.
John to issue debentures for street purposes, Mr. Scovil in the Chair.
Progress was reported.
RESIGNATION OF THE GOVERNMENT.
"To His Excellency the Honorable Arthur Hamilton Gordon, C. M. G., Lieutenant Governor
and Commander in Chief of the Province of New Brunswick, &c. &c, &c.
The Executive Council in Committee
beg to acknowledge the receipt of Your Excellency's memorandum of the 7th instant,
and the Reply therein referred to, which are as follows:
" His Excellency the Lieutenant. Governor transmlts to his Council a Copy of
the Reply which he has this afternoon returned to an Address of the Legislative Council,
requesting His Excellency to transmit to Her majesty an Address, praying that Her
Majesty will be pleased to cause a measure for the Union of the British North American
Provinces to be introduced into the Imperial Parliament.
(Signed)
ARTHUR GORDON. FREDERICTON, APRIL 7TH 1866
" Mr. President and Honorable Gentlemen
of the Legislative Council:
" I will immediately transmit your Address to the Secretary of the Sate for the Colonies.
In order that it may be laid at the Foot of the Throne."
"Her majesty the Queen has already
been pleased to express a deep interest in the Union of Her North American Dominions,
and will, no doubt, graciously appreciate this decided expression of your opinion.
"I rejoice to believe that the avowal
of your desire that all British North American should unite in one Community under
one strong and efficient Government, cannot but tend to hasten the accomplishment
of this great measure."
The Council would subjoin a copy of
the Address referred to in the above.
"TO THE QUEEN'S MOST EXCELLENT MAJESTY.
Most Gracious Sovereign :
" We. Your Majesty's faithful and
loyal Subjects. the Legislative Council of
New Brunswick. in Provincial Parliament assembled. humbly approach Your
Majesty with the conviction that a Union
of all Your Majesty's British North
American Colonies. based on the Resolutions adopted nt the Conference of Delegates
from these several Colonies held at
Quebec on the tenth day ofOctober. 1864 .
is an object highly to be desired, essential to their future prosperity and influence,
and calculated alike to strenthen and perpetuate the ties which bind them to Your
Gracious majesty's Throne and Government, and humbly pray that Your Majesty may be
graciously pleased to cause a measure to be submitted to the Imperial Parliament for
the purpose of thus uniting the colonies of Canada. Nova Scotia, New Brunswick, Newfoundland
and Prince Edward Island, in one Government."
The Council, in reply. would respectfully remark. that in their opinion it was
incumbent upon your Excellency to Con-
salt your Constitutional Advisers in re
gard to the answer so given, and in as
suming to yourself the right to reply to such Address without consulting them, your
Excellency has not acted in accord- dance with the true spirit of the Constitution.
In this connection the Council would
beg to refer to the statement appended hereto, giving an account of two interviews
between your Excellency and the Attorney General.
The Reply so given by your Excellency
to the Legislative Council is a distinct and emphatic approval of their proceedings,
the responsibility of which your advisers are unwilling to assume for the following
reasons;
1st. That in any measure involving an
organic change in the Constitution and political rights and privileges of the people,
they should be consulted, and unless approved of by them no such measure should be
adopted or forced upon them.
2d. That in march last a dissolution
took place professedly with a view to ascertain the sense of the people upon the Quebec
Scheme, and they pronounced unmistakably against its adoption by large majorities.
3d. That the Representatives of the
people at the last Session of the Legislature passed resolutions condemnatory of such
Scheme, by a majority of twenty- nine to ten.
4th That the Legislative Council are
not elected by the people, and are not constitutionally responsible to them for their
Legislative conduct and have no right authority to pray Her Majesty to give effect,
by Imperial Legislation, to any measure which the people have rejected.
5th. That such proceeding violates
every principle of responsibility and self- governement, and is subversive of the
rights and liberties of the people, and seeks to take from them their Constitution,
not only without their consent but against their clearly expressed wishes.
6th. That such a course is calculated
to bring the Legislative Council and House of Assembly into collusion, and disturb
that harmony that should subsist between them, and manifests an entire disregard of
the power and majesty of the people.
That the Legislative Council have a legitimate right to express their opinion upon
any public question, the council do not deny; but to invoke the aid of the British
government to coerce the people into Confederation, is a proceeding in the opinion
of this council without parallel and wholly unwarrantable. The Council would further
remark, that they have good cause to believe your Excellency has, ever since the
opening of the legislature, consulted and advised with gentlemen of the Opposition,
and made known to them matters which they think should be regarded as confidential.
This we fell your Excellency has continued to do, not withstanding the repeated objections
of one or more Mem bers of the Council who told your Excellency that it was not right,
and that it gave the Opposition a decided advantage in the debate then pending; and
your Excellency having taken the advice, as they truly believe, of a gentleman of
the Opposition, as to the answer given to the Legislative Council on Saturday last,
instead of that of your Consitutional Advisers, they would respectfully express their
conviction that such a course was unconstituational, and without precedent
110 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866
in any country where Responsible Government exists.
The Council would further state that the Government were supported by a   was fully
aware.
Under these circumstances, the undersigned would beg respectfully to tender to your
Excellency the resignation of their offices as Executive Councillors.
Respectfully submitted, A. J. SMITH, GEORGE L. HATHEWAY, B. BOTSFORD, W. H. ODELL,
JOHN W. CUDLIP, J. V. TROOP.
" Memorandum of Conversation between
His Excellency and Mr. Smith.
On Saturday the 7th instant, about
11 o'clock A. M., I called at Govern ment House and had an interview with His Excellency,
and in the course of conversation, the proceedings of the Legislative Council were
referred to, when I spoke in terms of disapproval of the course which they had adopted
in reference to the subject of Union. Something was said about the presentation of
the Address, and His Excellency's Reply thereto, when he asked me what answer I would
advise, I replied that in my opinion the answer to be given should simply be that
he would transmit it to Her Majesty. His Excellency said that he would think of it
and see me again. He did not state that he intended to receive them that day, and
I had not the most distant idea that he intended to do so. I then parted with him.
A few minutes before three o'clock of
the afternoon of the same day, in my place in the House of Assembly, I received a
note from him saying that he wished to see me at once. I immediately repaired to Government
House, and after a short conversation with him upon other matters, he informed me
that he was going to receive the Legislative Council with their Address at three o'clock.
I expressed my surprise at this, and inquired what answer he intended to make. He
then handed me a paper which contained his proposed answer, accompanied with a Memorandum
for the Executive Council. I expressed my disapproval of it, and complained that he
had not advised with his Council before preparing it; that as they were responsible
for it, they should at least be consulted before it was given. He remarked that, if
they did not approve of it, they could relieve themselves of responsibility. I replied,
even if that were true, was it courteous and fair that the Council should be treated
in that way ; that what they asked from His Excellency was fair play, not as a favor,
but as a matter of right? He then proposed that I should drive down to the House of
Assembly and see me colleagues, and return in half an hour, and he would keep the
Legislative Council (who in the meantime had arrived at Govern ment House) waiting
until I returned. I said I could not do this, that the Debate on the Vote of Want
of Confidence was going on, and that they could not leave the House, and besides,
they could not possibly consider so important a question in a few minutes. His Excellency
then proposed to send one of the carriages that were standing at the door for them.
I then stated they could not leave the House. He replied, " I suppose not." I further
stated that it was unfair and ungenerous, and not such
treatment as the Council had a right to expect, to be called upon in this sudden and
extraordinary way in a matter so important. I expressed my condemnation of the course
adopted by the Legislative Council, and urged the impropriety of their praying Her
Majesty the Queen to cause a Law of the Imperial Parliament to be passed, giving effect
to a scheme of Union which both the People and the House of Assembly had rejected
by overwhelming majorities, and that I never would consent to any Address which authorized
the Imperial Parliament to pass an Act for Union without reference to the people.
I thought His Excellency seemed disposed to yield the point and strike out the last
paragraph of the answer, which I consider very objectionable. He then asked me to
excuse him, and left the room to consult, as I thought at the time, and from information
received since, I am confirmed in that opinion, a gentleman of the Opposition and
a member of the Legislative Council, who was in the House at the time. He returned
in a few minutes, and after some conversation similar to that already detailed, told
me that he would deliver the answer as it was, and send me a copy in the evening.
I remonstrated against such conduct, but concluded by saying that if he had resolved
upon that course, it was in vain to protract the interviews. I then left him.
(Signed) A. J. SMITH."
He wanted this matter tried before the
House and the country fairly and impartially, as between a Judge and a criminal, for
it had been whispered about that he stood before the country as little better than
a criminal. He maintained that it was not himself alone who was aggrieved. The Governor
might treat him with contempt and contumely, but while he held a position from the
people, he would stand a claim for them their constitutional rights. The grounds of
the resignation were now before the House and the people, and it was for them to decide
if they had done right.
It was not necessary to touch on the
point of the unconstitutionality of the Governor's consulting with, and taking the
advice of, members of the Opposition. Was there ever a time when the Opposition were
more vigilant, cunning, and politically unscrupulous as they had been on this question?
If it was true that the Governor had done this, and he believed it was true, for he
had many times remonstrated with His Excellency on the subject, to allow the Government
to pass into the hands of the Opposition under such circumstances and by such means,
would have been prejudicial to the best interests of the people The most extraordinary
measures had been employed to win and bribe the members of the House from the path
of duty ; but to their honor he would say it, the efforts put forth had miserably
failed. These facts becoming known, and the Opposition, fully conscious that on constitutional
grounds the Government could not be defeated, other means had to be, and were, devised
and executed to accomplish their object, and to-day the members of the Government
stood relieved from the cares of office by the accomplishment of their schemes. The
paper he had read was signed by all the members of the Government except Messrs Gillmor
and Hutchinson. The latter was away in England, and the former had notified them that
he agreed in their decision. That gentleman was called away from his official duties
to soothe the dying moments of a father, and whilst engaged in that sacred duty the
mine was sprung under their feet.
He would now call the attention of the House to the answer returned to their communication
by His Excellency.
HIS EXCELLENCY'S REPLY.
" The Lieutenant Governor has received from the members of His Executive Council a
Minute, tendering the resignation of their seats at the Council Board.
The reason assigned by them for this step is a disinclination to accept the responsibility
of a reply made by His Excellency to the Legislative Council when requested by that
body to transmit to Her Majesty an address, praying that a scheme for the union of
the British North American Provinces may be introduced into the Imperial Parliament.
" Several causes for this disinclination are enumerated by the Council. They may,
however, all be resumed in the objection, that the Legislative Council, in adopting
the address in question, overstepped the limits of action prescribed to it by constitutional
principles and usuage.
" In this view, His Excellency cannot at all concur, and he perceives with regret
the name of a member of the Upper House, for whose character and abilities he has
a sincere respect, appended to reasoning which would, in His Excellency's opinion,
go far to destroy the position of that Chamber as an independent and co-ordinate branch
of the Legislature."
A wonderful amount of respect and sympathy he had for Mr. Odell. He (Mr. S.) did not
thing the feeling was reciprocated by that hon. gentleman, nor that he regretted that
his name was appended to that paper.
" The papers on which the address in
question was founded, were laid before both Houses of the Legislature by Her Majesty's
express command at the commencement of the present Session."
Was that statement in accordance with the fact? Where were the papers and who laid
them before the House ? He was sure he did not, neither did any of his colleagues.
So if they were brought down, it must have been by some member of the Opposition,
it certainly was not by the Government.
" It had at that time long been known
to Her Majesty's Government, that the General Election in New Brunswick in 1865, had
terminated unfavourably to the cause of Union, and the communication of these papers
was made to the Provincial Parliament in the avowed hope that the question might be
again considered and more favourably received there.
The Address in answer to His Excellency's Speech at the opening of the Session, even
as originally proposed, conveyed an assurance that those papers should receive a careful
and respectful attention from the Legislative Council.
But the chief documents which the Members of that body thus pledged themselves to
consider, were the Resolutions adopted at Quebec, the approval of that Scheme by Her
Majesty, and the expression of a hope on the part of Her Majesty's Government, that
its provisions might be favourably reconsidered in New Brunswick.
On the questions then thus submitted
to them by Her Majesty's command, the Legislative Council was bound to form
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 111
and to express an opinion. In so doing
they have intimated their approval of a Union of the British North American Colonies,
and indicated the basis on which it might in their judgment be accomplished.
It is neither constitutional nor reasonable to maintain that the Legislative Council
is incompetent to act with reference to a Scheme thus submitted to them, until after
its previous approval by the House of Assembly, nor can it be imagined that the Legislative
Council alone is debarred from that right of appeal to Her Majesty which is accorded
to all Her subjects without distinction.
The Council also take exception to His
Excellency's having delivered this Re
ply, without previously communicating
to them the terms in which is was couched.
Without enquiting how far their Ministerial responsibility, from which it is always
in their power to escape, requires that the Council should possess a previous knowledge
of all the Lieutenant Governor's Words and actions, His Excellency must observe that
the non-communication to the Council, of the Reply in question, was the result, not
of design, but of accident, and that it was his intention and desire to have afforded
his Council an ample opportunity for consideration."
This was the reason given. Not the first concession that it was the right of the people
that their Government should be consulted. Not at all. The great battle for constitutional
rights and liberties had been fought and won. It had been conceded that the people
should govern themselves. This was part of the great Magna Charta ; yet now the Gover
nor commits his Government to an Address expressing opinions contrary to those entertained
by them, when that Government is responsible to the people. Was it right in ethics
that a Government should be made responsible for the acts of a Governor, in reference
to which they had not been consulted? It would be for the country to decide on this
question. Here was the House and Government in Session, the Governor living within
a short distance of the House, all the members of the Government here with the exception
of Messrs. Gillmor and Hutchinson, and yet the reason as signed by the Governor for
not consulting his Council on a matter involving the dearest interests of the people
of this Province was simply " accident."
It has been charged that the Government had committed themselves to Confederation
in the Address of His Excellency at the opening of the Session. But he could show
that there was not a word on Union in that Speech that committed the Government at
all. The Governor had received despatches from Downing Street to [illegible] the British
Parliament [?] Â Â Â but for the Queen. [illegible] no way responsible for this, but when in his
Reply to the Address of the Legisla
tive Council he says, " I rejoice," that moment he makes his advisers responsible.
He (Mr. S.) and his colleagues were now without office by this act, but they were
not without regard for their country, and while life and heart should last, he would
labor to save it from the ruinous effects of the Quebec Scheme.
" The language employed by His Excellency to the Legislative Council was not, however,
inconsistent with the policy of his Advisers; or, in his judgment, with the reply
which, with their knowledge and consent, he had returned a few days previously to
an Address from the same body. His words were : " I rejoice to believe that the avowal
of your desire that all British North America should unite in one community under
one strong and efficient Government, cannot but tend to hasten the accomplishment
of this great measure." This by no means conveys an approval of the particular scheme
to the provisions of which his Council so strongly object, although it does express
a hope that an Union of the British North American Provinces may shortly be accomplished."
Now then the successors of the late
Government must endorse the action of those who have gone out of office. This was
constitutional. Let no man attempt to justify on the floors of the House the action
of the Legislative Council. That body had no delegated power as the Lower House had.
If the prayer of the Legislative Council should be responded to, then the Legislature,
the rights and liberties of the people would be demolished and taken away. Had the
people been consulted on the question of union ? They had. What was their reply ?
The reply was emphatic and decisive. " No, that scheme would only deprive us of our
rights, and we will have nothing to do with it."
He would now make a slight degression. When he first saw the scheme and read the terms
of the proposed union, he saw it was prepared with the special intention to give it
life and activity. He said at once, It will go through the Legislative Council. He
heard it stated in the Upper House the other day that in con sequence of the provisions
of that scheme ten men of that Council should not vote on the question before them,
as without doubt they were provided for in the arrangement. He heard the whole of
that debate, and his friend the Hon. Mr. Hazen and his coadjutors saw and said that
it was useless to oppose it. The House would doubtless be surprised when he informed
them they had passed an address to the Queen, calling for an Imperial enactment to
consummate a scheme of union which had never been read before the House, either by
the President or either of the Speakers, in their advocacy of union under its provisions.
The question now to be decided by the people was, shall the Legislative Council govern
this country ? It might be said that the scheme was read by the members individually
; but he would ask what of that ? It was passed by them in a few minutes, [?]Â and as was the case with the Hon. Mr. Steves, who was supposed to represent
the County of Albert, yet he moved to
St. John and still held his seat as for Albert. If this should occur, they would be
left without a representative in the Upper Branch. Was not this a case for careful
consideration by this House and people? He thought the Council had shown most extraordinary
haste; they had passed their Address on one day, it was received by His Excellency
the next, and sent on to England the day after. But he had too much confidence in
the integrity, uprightness and sense of justice of the British Government to suppose
that they would accede to the request.
" But from previous communications
with the leader of the Government, His Excellency was fully entitled to assume that
this hope was shared by his Council."
Was this any reason, he would ask,
because he had said that he would not go for the Quebec Scheme, believing, as head
did, that it was fraught with ruin to this country—was that any reason why the Governor
should thus treat his Council with contempt, and trample on their constitutional rights?
" On the 8th January His Excellency
received from the Honorable R. D. Wilmot, a letter tendering the resignation of his
seat in the Executive Council, and assigning as his chief reason for so doing, the
indisposition of his colleagues to entertain propositions for a closer Union of the
British North American Provinces. To that resignation His Excellency declined to reply
until after the return of the President of the Council from Washington, which tool
place on the 14th February.
On the following day His Excellency
had several communications with that gentleman, in the course of which His Excellency
observed that the resignation of Mr Wilmot, and the fact that the Legislature had
now been summoned for despatch of business, rendered it necessary that a distinct
understanding on the subject of union should be arrived at between himself and his
Advisers
It would be His Excellency's duty, in
accordance with his instructions, to submit the question again to the Legislature
on its assembly, and to express the conviction of Her Majesty's Government with respect
to the benefits likely to attend the adoption of the measure.
If Mr. Wilmot were mistaken in supposing that the Government were hostile to all measures
of union, and Mr. Smith and his colleagues were prepared to consent to the introduction
into the speech at the opening of the Session, of the recommendation of Her Majesty's
Government, conveyed in Mr. Card well's despatch of 24th June, 1865, it would be my
duty to accept the proffered resignation ; but if, on the contrary, the statements
made by Mr. Wilmot were correct, it would be a matter of grave consideration whether
His Excellency could accept the resignation so tendered, and whether His Excellency
would not be bound to the  [?] complishment of which His Excellency
112 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.
was directed by every means in his
power to promote."
In the month of March, 1865, he (Mr S.) with his friend Mr. Wilmot, formed a Council
on anti-Confederation principles. But where was that gentleman to be found now? Forming
a Government on the Quebec Scheme. He desired the hon. members to think of it. Only
thirteen months had yet elapsed, and now that gentleman, elected and pledged to oppose
Confederation, and who assisted to form a Council on an Anti basis, was found working
with those who were determinded to force upon the people of this Province that very
scheme.
MR. WILMOT here stated that at the time of his resignation he impressed upon the leader of the
Government the necessity of opening new negotiations for Union.
MR. SMITH would come to that bye and bye ; at present he would proceed with the reply :
" The Lieutenant Governor also endeavored, to the best of his ability, to point
out to Mr. Smith the advantages of a
real and effective Union of the British
North American Provinces, and the urgent necessity, under existing circumstances,
of effecting such a measure.
Hi Excellency stated his confident belief, that after having been accepted as a basis,
it were found that the details of the Scheme agreed to at Quebec were open to just
and serious objections on the part of the Maritime Provinces, the representa tion
of their Legislature to that effect would be certain to receive a respectful attention
from Her Majesty's Government, and from that of Canada. His Excellency concluded by
handing to Mr. Smith the following confidential Memorandum :—
"CONFIDENTIAL MEMORANDUM.
" The Lieutenant Governor has been instructed by a despatch from the Secretary of
State for the Colonies, bearing date 24th June, 1865, to express to the Legislature
of New Brunswick, on its next re-assembling, "the strong a de" liberate opinion of
Her Majesty's Gov" ernment, that it is an object much to " be desired that all the
British North " American Colonies should agree to unite " in one Government."
The Lieutenant Governor has now fixed the 8th proxituo as the day upon which
the General Assembly is to meet for despatch of business, and that before that period
it is highly desirable that he should be informed whether his advisers are prepared
to recommend the Legislature to give effect to the opinion thus expressed by
Her Majesty's Government.
(Signed) A. GORDON."
Fredericton, February, 1866.
This Memorandum, in compliance with
Mr. Smith's urgent request, was not formally transmitted to the Council, but it was
carefully read by him, and its substance communicated to his colleagues.
Mr. Smith mist have perceived, although His Excellency abstained from any expression calculated
to rouse his susceptibility, that had the enquiry embodied in that Memorandum received
a negative response His Excellency was prepared to decline to accede to the recommendation
that Mr. Wilmot's resignation should be accepted, and to entrust
to that gentleman the responsibility of
attempting to carry into effect the policy
on account of his adherence to which he
desired to quit the Government.
After several communications with the other members of the Council, Mr. Smith ultimately
informed His Excellency that, whilst unable to accept in its integrity the Scheme
adopted at Quebec, he and his colleagues were not indisposed to meet the wishes of
Her Majesty's Government ; and that it appeared to him that the requisite sanction
for the adoption of such a course might be obtained if the Message transmitting the
papers on this subject to the Legislature were refused to a Joint Committee of both
Houses, with an understanding that that Committee should report in favor of a measure
of Union."
Here hon. members would see how the Government were pressed. Whenever his duty brought
him in contact with the Governor, the question continually was, " What are you going
to do on Union ?" The friends of the Government knew all along what they intended
to do. They had spoken to their friends and laid their plans before them, but the
trouble was that the Opposition seemed to be as well informed on what transpired in
the Council as the Government itself. They had all heard the reports and rumors which
had been whispered about. He would ask hon. members if it had not been said that Smith
had signed a paper committing him to the Quebec Scheme, provided four more members
were added from the Legislative Council ?
MR. SMITH did not say it came from his hon. friend. He, at least, out to know him too well
to circulate such a story as that.
MR. WETMORE thought those who heard this report and those who told it should be named.
MR. NEEDHAM said it had been said to him, no matter by whom.
MR. CAIE said hon. members in Opposition had better not say too much. He would expose more
of their secrets than they would like to hear.
MR. SMITH would declare before the House, and to his friends, and to those who knew what he
had agreed to do, that he had never signed any such paper. He felt he would stand
by the ship to the last, and if the people wished confederation, then he might die
politically, but he would in that case die standing by his friends.
" His Excellency replied that he had no objection to such a course, provided it was
clearly understood beforehand that this reference was to be made only with a view
of rendering it easier for the Government to adopt a course which they had themselves
in any case resolved to pursue, and with no intention to cast upon the Committee the
duty of finding a policy for the Government ; for that a reference of such a description,
besudes involving an abdication of their proper functions as a Government, would cause
much delay, and might after all terminate in a report unfavorable to union, in which
case it was needless to point out to him that so far from any progress having been
made in the desired direction, the position of the cause would have been materially
injured.
Mr. Smith answered that he could not of course formally pledge beforehand a
Committee of the Legislature, but that in making himself responsible for the recommendation,
it would be with the view of honestly carrying out the policy so indicated.
The Committee having reported, the
next step to be taken appeared to His Excellency to be the introduction by the Government
of an Address to the Queen, praying Her Majesty to take steps for the accomplishment
of the union; and His Excellency drew out the rough outline of such an Address, similar
in substance to that adopted by the Canadian Parliament ; but adding a representation
that portions of the scheme agreed to at Quebec were received with apprehension and
alarm by a large part of the people of this and the adjoining Province, and a prayer
that Her Majesty would be pleased, in the preparation of any Imperial Act to effect
the desired union, to give just weight to the objections urged against such provisions
on their behalf, and would afford the Provincial Legislature an opportunity of considering
the scheme agreed upon, before its final adoption. His excellency understood Mr. Smith
to assent to this proposal, and his impression to that effect is confirmed by finding
it so stated in a note made at the time, and read by His Excellency a few days subsequently
to Mr. Smith, and in the Despatch based on these notes, addressed by His Excellency
to the Secretary of State for the Colonies.
Mr. Smith has lately, however, assured His Excellency that he only meant that such an Address
might " grow out of the Committee," but did not intend, in the first instance, to
propose it."
Those words "grow out of Committee,"
he would show who made use of those words. He wished the House to understand that
his mind had never wavered. He was in England, and saw Mr. Card- well, and after a
short conversation, he was fully convinced that the British Government was committed
to the Quebec Scheme He saw that they were inspired entirely by Canada in their desires
and wishes ; but it would be better to take the Quebec Scheme than to send home a
delegation to ask this Imperial enactment. By that means they would save their money,
for they might make up their minds that the Imperial Parliament were committed to
that Scheme without the slightest change. The same influence was at work in Nova Scotia.
These men who were opposed to Union last year were now right round, and petitioning
the British Government to consummate it by Imperial enactment. He wanted the House
to know that the enemy was at the door, and it became every man to know and understand
the position in which they stood. He would not say what the means were which were
being used to enslave the people, but he would leave it with the country to decide
if any had been, and what they were.
" A controversy with respect to the
words used in conversation, and the
meaning intended to be conveyed by
them, is seldom capable of satisfactory
settlement, and it is not His Excellency's intention to discuss the greater accuracy
of Mr. Smith's memory, or his
own.
Whatever the precise nature of the
course agreed to on the 17th February was, it was one to which it was felt that
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 113
it would be more difficult to reconcile
the friends and supporters of the Government, than its actual members, and Mr. Smith
at once left Fredericton in order to prepare his principal adherents for the altered
policy he proposed to pursue, asking His Excellency to observe the strictest secrecy
on the subject until his return to report either the acquiescence of his friends,
or the failure of his efforts.
A word with regard to this point.
When he (Mr S.) returned from his delegation to Washington, his colleagues informed
him that strange rumors were afloat. The House was to be dissolved, and the Opposition
called on to carry on the business of the country. When he saw the Governor he related
to him what he had heard, and His Excellency did not deny their correctness. His Excellency
turned from the subject and asked him what the Government intended to do with regard
to Union. He (Mr. S.) replied that when the despatches and papers were laid before
the House, they might decide to reconsider the subject, by the appointment of a Special
Committee.
" Mr. Smith on his return informed
His Excellency, on the 3rd of March, that his party generally were willing to assent
to the course which he had consented to pursue. It was accordingly agreed to insert
in the Speech on the opening of the Session, the recommendation of Confederation made
by Her Majesty's Government, and as early as possible to move the appointment of such
a joint Committee of both Houses of the Legislature as should ensure the adoption
of a Scheme of Union, whilst the objections to the Quebec Scheme were to be carefully
weighted and examined at the same time by the Committee.
What the precise alterations in that
Scheme were which would have satisfied Mr. Smith His Excellency was never able exactly
to learn ; but he found that representation according to population, to which he entertained
a strong objection, would not be regarded by him as an insuperable obstacle to union,
should a larger share of representation be secured to New Brunswick in the Upper Branch
of the proposed Federal Legislature."
The hon. member for York (Mr.
Fisher) seemed to experience great delight at the position of affairs. He ap peared,
when in opposition, to be continually in the blues, but now he was quite elated, and
the whole aspect of the man had changed, but he must caution his hon. friend to beware
; the responsibility was no changed to his shoulders, and he should exercise great
care and caution. He (Mr. S.) could not boast that noble blood coursed through his
veins, he was not descended from a proud ancestry, he could not look back upon a long
line of titled lineage, he was but of humble origin, was one of the people, but he
had rights, and the people, to whom he belonged, had rights, and among the people
he had friends, who had stood by him in troublous times, and he believed would do
so again. It was a matter of little moment for the Governor that his Government should
retire to the ranks of the people, but it was a question of
paramount importance to the people
whether a nominee of Downing Street should act with and by, or without and in direct
antagonism to, the Council which was responsible to the people. He hoped a dissolution
would now come, so that they could go to the country that this great question might
be settled. This the rights of the people demanded.
" His Excellency, considering that
the speedy accomplishment of a measure of union was now a matter of almost absolute
certainty, on the 7th March, addressed to Mr. Smith a letter, of which the following
is an extract, viz :
" I have been much gratified, though
" not surprised, to find that you are ,' disposed to approach the question of " union,
as it now presents itself, in a " large and statesmanlike spirit, and to " realize
as facts the necessities which " are imposed by the actual condition " of affairs.
There is nothing which " more distinguishes a statesman from a " man incompetent to
deal with great " affairs, than this power of appreciating the changes thus made,
and the " obligation, (often a most irksome " one,) of acquiescing in a course " which,
per se, he considers open to " objection, in order to prevent evils of " yet greater
magnitude.
* * * *
" You have it in your power to render " the Province the inestimable service " of
depriving its accession to the prin" ciple of union of that character of a " party
triumph, which it must other" wise wear, and of those feelings of " bitterness which
such a triumph " would engender."
Mr. Smith did not contradict the presumption on which this letter was founded, and verbally
expressed his acknowledgements for the terms in which His Excellency had spoken there
in of his conduct."
He (Mr. S.) would refer more particularly to this letter bye and bye. He had the power
to show it in its true light, and thought he could unmistakably prove that it was
called for entirely to get him into a snare.
" Having thus, therefore, as he presumed, ascertained that his Council were not indisposed
in their own way, and at their own time, to recommend to the Legislature the adoption
of an union policy, His Excellency felt that much forbearance was required in order
that this change of course might be accomplished in the manner which the Council might
think least injurious to themselves, and most calculated to ensure the ultimate success
of the measure ; and with this vieew he sought to secure the co-operation of some
of the leading friends of Confederation ordinarily hostile to the Government.
In doing so it was His Excellency's desire to secure and strenghen the hands of his
administration in the conduct of a difficult enterprise, believing it to be of the
highest importance that this measure should not be carried out as a mere party triumph,
but as the expression of a national wish ; nor did he suppose that the course he then
tool could be misunderstood by those in whose interests it was taken.
It is true that Mr. Smith, and on one occasion one other member of the Govern
ment, remonstrated against this course, and Mr. Smith observed that it was unnecessary,
as he felt that he could carry out his plan without any assistance from his political
opponents, and assertion the correctness of which His Excellency felt disposed to
question, and which, even if accurate, appeared to him of doubtful policy, as it was
desirable that the union should be accomplished in virtue of as general an agreement
as possible among the leading men of every political section in the community ; and
His Excellency more than once suggested that the principal advocates of Confederation
should be called upon to meet Mr. Smith and his colleagues in order that a line of
action might be adopted by common consent with regard to a question of such general
importance, and with respect to which, now that the Government had adopted the principle
of union, it seemed difficult to believe that a common understanding might not be
reached.
Upon the distinct understanding, therefore, that the Government was endeavoring to
procure the passage through the Legislature of resolutions affirmative of the principle
of union, and with the impression that an address praying Her Majesty to move the
Imperial Parliament to give effect to such resolutions was to be subsequently adopted,
His Excellency felt justified in omitting, at the request of his Council, from his
speech at the opening of the Session the strong recommendation of union which he had
originally intended to introduce, but the responsibility for which his Ministers felt
they could not then assume.
To what extent the other members of
the Executive Council agreed with their President, His Excellency cannot say, as excepting
on a few occasions in February, he held little communication with any of them on the
subject ; but His Excellency is convinced that when Mr. Smith returned to Fredericton
on the 5th of March, he imagined that he would be able to carry out the pledges that
he had given, and that he fully intended to do so."
" Little communication with the members of the Council on the subject." Yes, for he
(Mr. S.) had always found His Excellency unwilling to discuss any matter of importance
with more than one member of the Council at a time.
" Since the commencement of the Session, however, the course of the Government has
shown little indication of a movement in this direction."
He would again appeal to his friends in the House as to what he had told them had
passed between the Governor and himself on this question. He would ask them if they
did not know what the Government intended to do, if they had not been informed and
consulted with and advised of the policy and course the Government intended to pursue
? It was to appoint a select committee, not indeed to draw up and pass resolutions,
but to report and suggest objections to the Quebec Scheme. And now in what a new and
strange position did they stand. At that moment the people of the country were without
a Government and His Excellency without advisers. He had to doubt the position was
satisfactory to His Excellency, and that he would be glad to assume the whole responsibility
of governing the country without any Council at all.
114 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866
" His Excellency has never ceased to urge on Mr. Smith, the expediency, and indeed
necessity of a bold avowal of his intended policy ; nor has he failed to express his
apprehensions as to the consequences of delay in doing so, believing until that avowal
was made, Mr. Smith would become daily more and more entangled in contradictory pledges,
from which he would find it impossible to extricate himself, and which might act most
prejudicially on the prospects of the cause ; whilst at any time circumstances might
call for such action on the part of His Excellency as would place him in a position
of apparent antagonism to his Council and prove productive of very serious embarrassment.
This course, however, the Government did not pursue, and it became more and more apearently
clear to His Excellency that they lacked the power—he will not suppose they lacked
the will—to carry out their original intentions. Their opposition to the particular
form of union agreed to at Quebec, was distinct and emphatic, whilst their approval
of even an abstract union of an uncertain character, became daily more vague and uncertain."
" They lacked the power to carry out
their original intentions !" Who told
him so ? Had the Government shown any signs of weakness? No, they were surrounded
and supported by the friends
who had stood by them and who would do
so again. His Excellency acknowledges
that a Select Committee was to have been
appointed to consider a plan of Union,
yet before the Answer in Reply to the
Address had passed through the House, before any papers had been, or could be brought
down, whilst a vote of Want of Confidence was pending, and before it was possible
to take any action in regard
to the matter, the Governor coolly informs
his Council that it was apparent to him
that they lacked the power to carry out their intentions. When, he would ask, did
the Government say they lacked the power ? Never.
" Declarations were, it is said, publicly made that no proposition for an Union would
be made during the present Session, and arguments were reported to be used by members
and supporters of the Government not only against the Quebec Scheme, but of a character
applying with equal force to any plan of whatever description, for a closer Union
with Canada.
On more than one occasion His Excellency noticed these facts to Mr. Smith, who replied
that the reports received by His Excellency as to the language used were inaccurate
; that it was desirable not to indicate too soon the line he meant to take, as it
would give an advantage to his opponents and might estrange some of his friends."
Again he would ask, Had he not
again and again said in reply to questions from members in opposition, that the Government
had not scheme to introduce? It was for the House to decide whose varacity was to
be doubted on this point—to decide not on the grounds that the Governor was a great
man and he a humble one, but on the broad principles of truth and right.
MR. HATHEWAY wished to ask his
hon. colleague if the question as to who should constitute the Committee was not discussed.
MR. SMITH replied that it was, not
only between the Governor and himself, but between His Excellency and Mr. Odell.
" In the desire to avoid giving any
cause of embarrassment to his Government, and at their request, His Excellency delayed
for nineteen days the reception of the Address of Legislative Council, in reply to
the Speech from the Throne ; nor was it until it became evident to His Excellency
that further delay in this respect would seriously imperil the harmony of the relations
between himself and the Legislative Council, and the Legislative Council and House
of Assembly, that he fixed a day for its reception."
The Government explained their position to His Excellency, and desired that he should
not reply to the address of the Upper Branch till the address in reply had passed
through the House. They, however, would not ask it as a favor, but desired him to
act constitutionally. In spite, however, of their expressed wishes, and contrary to
all experience and practice, the Governor saw fit to receive and reply to the address
of the Upper House. He says that he was afraid there was going to be a collision between
him and the Legislative Council if he should delay any longer. Who, he would ask,
frightened His Excellency with this idea? Was it the friends of the Government? Was
it their enemies? It was not hard to decide. They found that the Government had a
majority on the no confidence motion then going on, and to bring matters to an issue
they had to act in this way, and so pre vented the Government from appoint ing a Special
Committee.
" Mr. Smith frequently expressed a
hope that the Lieutenant Governor did not entertertain any doubt as to the sincerity
of his intentions in carrying out to the letter the understanding between them, as
to the passage of resolutions on the subject of union.
At length the presentation of the Address to the Queen by the Legislative Council
brought the question to a decided issue.
Up to that time the Government had
given no public sign of an intention to grapple with the question, or to substitute
any amended scheme of union for that agreed to at Quebec and the Lieutenant Governor
in accordance with his instructions—as the Representative of the Queen—and as an officer
of the Imperial Government—could not but feel it his duty to express satisfaction
at the avowed approval, by one branch of the Provincial Legislature, of a policy the
adoption of which had been recommended by him in his Sovereighn's name, and by her
command, at the opening of the Session.
If the Lieutenant Governor's Advisers
cannot concur in these sentiments, and decline to become responsible for their utterance
by His Excellency, it is no doubt their duty to tender, as they have done, the resignation
of the offices held by them.
His Excellency accepts these resignations with regret [?] relations with his Advisers during [?] have been harmonious and cordial ;—for many among their number he enter
tains strong feelings of personal esteem ;
nor can he forget to acknowledge the attention which his views have generally received
at their hands, or the readiness with which his wishes have on most occasions been
met by them. But he has no doubt as to the course which it is his duty to pursue in
obedience to his Sovereign's commands, and in the interests of the people of British
America."
In retiring from office, the members of the Government had left no constitutional
right impaired. They had yielded to His Excellency on that question ; they did not
wish to come into colusion with him, or with the Imperial Parliament. They found that
Canada was pushing for Union, and the Imperial Parliament yielding to their wishes,
and here there had been men who had been in the counsels of Canada, Downing Street
and the Lieutenant Governor, and who could for some time say, " We shall have a dissolution,"
and could point almost to the day and hour it would occur. Surrounded by all this
pressure, the Government stood not for themselves, but for the rights of the people,
and in going out the Governor might well speak of the readiness with which they complied
with his wishes.
" His Excellency may be in error, but
he believes that a vast change has already taken place on this subject in New Brunswick,
and he fully anticipates that the House of Assembly will yet return a response to
the communication made to them not less favourable to the principle of Union than
that given by the Upper House I and he relies with confidence on the desire of a great
majority of the people of the Province to aid in building up a powerful and prosperous
Nation, under the sovereignty of the British Crown."
A change in the feelings of the people !
Did he reckon on that ? Never would that House be found passing a Scheme that had
been forced upon the people. He was proud to say that even Confederates had expressed
their disapprobation of the proceedure of the Governor and the Legislative Council,
and that even they would stand firm for constitutional rights. If the constitution
was to be taken away, let it be done in a constitutional manner. If the people were
to decide in favor of the Quebec Scheme, he would not raise one word against their
decision, but whenever and as long as he found the rights of the people being trampled
upon, he would stand up and fight to maintain them.
"The Council also express dissatisfaction at His Excellency's personal conduct in
regard to his relations with them.
This is a matter of infinitely less importance to the public, and will be very shortly
dealt with by His Excellency, although as he has [illegible] at all times with the
utmost courtesy and consideration from the Members of [?] Government, it would be a source of sincere regret to  Â
 [?] the belief on His Excellency's part, that it would facilitate Mr. Smith's [?]
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 115
plishment of the end in view. The gentle man referred to met Mr. Smith at Government
House on the 5th of March, and His Excellency believes that a very protracted interview
subsequently tool place between them ; [illegible] very late period that His Excellency
relinquished the hope of seeing a combination effected to smooth the passage of the
contempiated Resolutions."
And had it been shown that this method of advising with and taking the advice and
counsel of a leading member of the Opposition, had been so very beneficial or so conducive
to bring about the end in view ? Had it been the means of furthering the business
of the House ? They had been in session some four or five weeks, and had not yet passed
the Address, and never would, and the Government had been prevented by the Opposition
from going on with the necessary business of the country.
" His Excellency things it right also to state, that his reply was prepared by himself
alone, ad that the Council are in error in supposing that its terms were the subject
of advice from any member of the Opposition.
His Excellency does not admit the
entire accuracy of Mr. Smith's report of his conversations with him, appended to the
Minute of Council, but at the same time readily acknowledges that the difference between
his own impression of those conversations and that of Mr. Smith, is only such as might
naturally arise under the circumstances. Mr. Smith has, however, omitted to state
that at his first interview His Excellency pointed out, as he had frequently done
before, the embarrassing results of the non-avowal of his Union policy, and observed
that the Legislative Council had now passed an Address, at the adoption of which he
should probably feel obliged to express satisfaction.
The Lieutenant Governor of course
feels that previous communication between himself and his Advisers as to any step
he is about to take, is, when practicable, both desirable and convenient ; and it
was His Excellency's full intention to have submitted the draft of his reply to the
consideration of his Council, and he much regrets that accident should have frustrated
an intention.
The Committee of the Legislative Council did not wait on His Excellency till after
12 o'clock, and until the terms of Address was in his possession, he could not officially
communicate with the Council on the subject of his Reply to it.
He then immediately sent for Mr.
Smith, intending to put the draft into his hands, and request him to communicate it
to his colleagues.
Mr. Smith, however, appears not to
have received His Excellency note until half-past two o'clock, and His Excellency's
intentions in this respect were conseqently foiled."
Then why had His excellency not told
him when he was at Government House at eleven o'clock in the morning, of the course
he had decided to pursue ? Why this haste ? Were the Government aware of his intentions?
No ; for when he left Government House after remonstrating with His Excellency on
the course he was pursuing, His Excellency told him he would think over what he had
said to him and see him again ; and when he said him, he meant his Council.
" The only other observation which he feels called upon to make is, when, during their
interview, His Excellency left the room as stated by Mr. Smith, it was not, as that
gentleman supposes, to consult a member of the Opposition respecting the omission
or retention of a paragraph in his Reply,—a point on which His Excellency received
not advice from any other person than Mr. Smith,—but for the purpose of ascertaining
whether it might not even then be possible to postpone the reception of the Address
for a few hours. He found however, that it would have been impossible to do so without
gross discourtesy to the Legislative Council,
(Signed) ARTHUR GORDON.
Fredericton, 11th March, 1866."
If the statement the Governor here made were true, if he was really desirous to make
them acquainted with the contents and nature of the reply he intended to deliver,
why did he not do it? Was this a respectful way in which to treat his Council ? And,
if he felt that he should make them acquainted the reply, why not have communicated
with the President of the Legislative Council, and obtained further time in which
to advise with his Council ? No, forsooth, no time must be lost ; there must be no
delay, or it would have been "gross discourtesy" to the Legislative Council. No thought
here of the gross injustice done to the people, no intimation of a recognition of
an infringement of their rights. He (Mr. S.) held the members of the Opposition in
respect, and could not doubt but they would discountenance such actions on the part
of His Excellency. If the debate had been allowed to close, and the Government had
died constitutionally, they would have died gloriously, but to be thus thrust out
was an outrage not only on them but on the people they represent. He saw from the
first that means were being employed to entrap the Government. He had told the Governor
that what transpired between them was talked all over the town. Was it not stated,
by some of their opponents that they did not care for the want of confidence vote
at all, for even it it was not sustained, the Government would be defeated within
a week after ? And did not that show that plains were already laid, matured and ready
for execution ?
Mr. Smith then proceeded to read his written reply to the charges of His Excellency, but it
was objected by Mr. Wilmot that as it was part of the correspondence on the resignation
of the Government, it should be laid before His Excellency before being submitted
to the members of the House.
MR FISHER also objected on the ground that the Governor was not and could not be there
to answer anything that might be brought against him, and he thought such a procedure
unparallelled in any ministerial crisis.
MR. SMITH urged that His Excellency had been heard, and now he would be heard, and lay that
paper before the House and the people as part of his speech. He then proceeded to
read the following