LEGISLATIVE COUNCIL.
FRIDAY, February 3, 1865.
Hon. Sir E. P. TACHÉ moved, "That
an humble Address be presented to Her
Maestyj , 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 the following Resolutions,
which were adopted at a Conference of Delegates from the said Colonies, held at the
city
of Quebec, on the 10th of October, 1864 :"
1. The best interests and present and future
prosperity of British North America will be promoted by a Federal Union under the
Crown of
Great Britain, provided such Union can be effected on principles just to the several
Provinces.
2. In the Federation of the British North
American Provinces, the system of Government
best adapted under existing circumstances to protect the diversified interest of the
several Provinces, and secure efficiency, harmony and permanency in the working of
the Union, would be
a General Government, charged with matters of
common interest to the w ole country ; and
Local Governments for each of the Canadas, and
for the Provinces of Nova Scotia, New Brunswick and Prince Edward Island, charged
with the
control of local matters in their respective sections. Provision being made for the
admission
into the Union, on equitable terms, of Newfoundland, the North—West Territory, British
Columbia
and Vancouver.
3. In framing a Constitution for the General
Government, the Conference, with a view to the
perpetuation of our connection with the Mother
Country, and the promotion of the best interests
ot' the people of these Provinces, desire to follow
the model of the British Constitution, so far as
our circumstances will permit.
4. The Executive Authority or Government
shall be vested in the Sovereign of the United
Kingdom of Great Britain and Ireland, and be
administered according to the well-understood
principles of the British Constitution, by the
Sovereign personally, or by the Representative of
the Sovereign duly authorized.
5. The Sovereign or Representative of the
Sovereign shall be Commander-in-Chief of the
Land and Naval Militia Forces.
6. There shall be a General Legislature or
Parliament for the Federated Provinces, composed of a Legislative Council and a House
of
Commons.
7. For the purpose of forming the Legislative
Council, the Federated Provinces shall be considered as consisting of three divisions:
lst,
Upper Canada; 2nd, Lower Canada ; 3rd, Nova
Scotia, New Brunswick and Prince Edward
Island; each division with au equal representation in the Legislative Council.
8. Upper Canada shall be represented in the
Legislative Council by 24 Members, Lower Canada by 24 Members, and the three Maritime
Provinces by 24 Members, of which Nova Scotia
shall have 10 New Brunswick 10, and Prince
Edward Island 4 Members.
9. The Colony of Newfoundland shall be entitled to enter the proposed Union with a
repre
sentation in the Legislative Council of 4 Members.
10. The North- West Territory, British Columbia and Vancouver shall be admitted into
the
Union on such terms and conditions as the Parliament of the Federated Provinces shall
deem
equitable, and as shall receive the assent of Her
Majesty; and in the case of the Province of British Columbia or Vancouver, as shall
be agreed
to by the Legislature of such Province.
11. The Members of the Legislative Council
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shall be appointed by the Crown under the Great
Seal of the General Government, and shall hold
office during life: if any Legislative Councillor
shall, for two consecutive sessions of Parliament,
fail to give his attendance in the said Council, his
seat shall thereby become vacant.
12. The Members of the Legislative Council
shall be British subjects by birth or naturalization, of the full age of thirty years,
shall possess
a continuous real property qualification of four
thousand dollars over and above all incumbrances,
and shall be and continue worth that sum over
and above their debts and liabilities, but in the
case of Newfoundland and Prince Edward Island,
the property may be either real or personal.
13. If any question shall arise as to the qualification of a Legislative Councillor,
the same
shall be determined by the Council.
14. The first selection of the Members of the
Legislative Council shall be made, except as regards Prince Edward Island, from the
Legislative
Councils of the various Provinces so far as a
sufficient number be found qualified and willing
toserve; such Members shall be appointed by
the Crown at the recommendation of the General
Executive Government. upon the nomination of
the respective LocalGovcrnments, and in such
nomination due regard shall he had to the claims
of the Members of the Legislative Council of the
Opposition in each Province, so that all political
parties may, as near ly as possible, be fairly represented.
15. The Speaker of the Legislative Council
(unless otherwise provided by Parliament), shall
be appointed by the Crown from among the Members of the Legislative Council, and shall
hold
office during pleasure, and shall only be entitled
to a casting vote on an equality of votes.
16. Each of the twenty-four Legislative Councillors representing Lower Canada in the
Legislative Council of the General Legislature shall be
appointed to represent one of the twenty-four
Electoral l ivisions mentioned in Schedule A of
Chapter first of the Consolidated Statutes of Canada, and such Councillor shall reside
or possess
his qualification in the Division he is appointed
to represent.
17. The basis of Representation in the House
of Commons shall be Population, as determined
by the Official Census every ten years ; and the
number of Members at first shall be 194, distribted as follows:
Upper Canada .................. |
82 |
Lower Canada ...... . ......... |
65 |
Nova Scotia ................... |
19 |
New Brunswick ................. |
15 |
Newfoundland ......... . ........ |
8 |
Prince Edward Island ............ |
5 |
18. Until the Official Census of 1871 has been
made up, there shall be no change in the number
of Representatives from the several sections.
19. Immediately after the completion of the
Census of 1871, and immediately after every decennial census thereafter, the Representation
from
each section in the House of Commons shall be
readjusted on the basis of Population.
20. For the purpose of such readjustments,
Lower Canada shall always be assigned sixty-five
Members, and each of the other sections shall, at
each readjustment, receive, for the ten years
then next succeeding, the number of Members to
which it will be entitled on the same ratio of
Representation to Population as Lower Canada
will enjoy according to the Census last taken by
having sixty-five Members.
21. No reduction shall be made in the number
of Members returned by any section, unless its
population shall have decreased, relatively to the
population of the whole Union, to the extent of
five per centum.
22. In computing at each decennial period the
number of Members to which each section is entitled, no fractional parts shall be
considered,
unless when exceeding one-half the number entitling to a Member, in which case a Member
shall be given for each such fractional part.
23. The Legislature of each Province shall
divide such Province into the proper number of
constituencies, and define the boundaries of each
of them.
24. The Local Legislature of each Province
may, from time to time, alter the Electoral Districts for the purposes of Representation
in such
Local Legislature, and distribute the Representatives to which the Province is entitled
in such
Local Legislature, in any manner such Legislature may see fit.
25. The number of Members may at any time be
increased by the General Parliament—regard being had to the proportionate rights then
existing.
26. Until provisions are made by the General
Parliament, all the laws which, at that date of
the Proclamation constituting the Union, are in
force in the Provinces respectively, relating to
the qualification and disqualification of any person to be elected, or to sit or vote
as a Member
of the Assembly in the said Provinces respectively ; and relating to the qualification
or disqualification of voters and to the oaths to be taken by
voters, and to Returning Officers and their powers and duties,—and relating to the
proceedings
at Elections,—and to the period during which
such elections may be continued—and relating
to the Trial of Controverted Elections. and the
proceedings incident thereto,—and relating to the
vacating of seats of Members, and to the issuing
and execution of new Writs, in case of any seat
being vacated otherwise than by a dissolutionshall respectively apply to elections
of Members
to serve in the House of Commons, for places
situate in those Provinces respectively.
27. Every House of Commons shall continue
for five years from the day of the return of the
writs choosing the same, and no longer; subject,
nevertheless, to be sooner prorogued or dissolved
by the Governor.
28. There shall be a Session of the General
Parliament once, at least, in every year, so that
a period of twelve calendar months shall not intervene between the last sitting of
the General
Parliament in one Session, and the first sitting
thereof in the neat Session.
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29. The General Parliament shall have power
to make Laws for the peace, welfare and good
government of the Federated Provinces (saving
the Sovereignty of England), and especially laws
respecting the following subjects :-
l. The Public Debt and Property. |
2. The regulation of Trade and Commerce. |
3. The imposition or regulation of Duties of
Customs on Imports and Experts,except on Exports of Timber, Logs,
Masts, Spars, Deals and Sawn Lumber from New Brunswick, and of Coal
and other minerals from Nova Scotia. |
4. The imposition or regulation of Excise
Duties. |
5. The raising of money by all or any other
modes or systems of Taxation. |
6. The borrowing of money on the Public
Credit. |
7. Postal Service. |
8. Lines of Steam or other Ships, Railways,
Canals and other works, connecting
any two or more of the Provinces
together, or extending beyond the
limits of any Province. |
9 . Lines of Steamships between the Federated Provinces and other Countries. |
10. Telegraph Communication and the Incorporation of Telegraph Companies. |
11. All such works as shall, although lying
wholly within any Province, be specially declared by the Acts authorizing them to
be for the general advantage. |
12. The Census. |
l3. Militia—Military and Naval Service and
Defence. |
l4. Beacons, Buoys and Light Houses. |
15. Navigation and Shipping. |
16. Quarantine. |
17. Sea Coast and Inland Fisheries. |
18 Ferries between any Province and a For-
sign country, or between any two
Provinces. |
19. Currency and Coinage. |
20. Banking—Incorporation of Banks, and
the issue of paper money. |
21. Savings Banks. |
22. Weights and Measures. |
23. Bills of Exchange and Promissory Notes. |
24. Interest. |
25. Legal Tender. |
26. Bankruptcy and Insolvency. |
27. Patents of Invention and Discovery |
28. Copy Rights. |
29. Indians and Lands reserved for the Indians. |
30. Naturalization and Aliens |
31. Marriage and Divorce. |
32. The Criminal Law, excepting the Constitution of Courts of Criminal Jurisdiction,
but including the procedure in
Criinal matters. |
33. Rendering uniform all or any of the laws
relative to property and civil rights
in Upper Canada, Nova Scotia, New
Brunswick, Newfoundland and Prince
Edward sland, and rendering uniform
the procedure of all or any of the
Courts in these Provinces ; but any
statute for this purpose shall have
no force or authority in any Province
until sanctioned by the Legislature
thereof |
34. The establishment of a General Court of
Appeal for the Federated Provinces. |
35. Immigration. |
36. Agriculture. |
37. And generally respecting all matters of
a general character, not specially and
exclusively reserved for the Local
Governments and Legislatures. |
30 The General Government and Parliament
shall have all powers necessary or proper for performing the obligations of the Federated
Provinces, as part of the British Empire, to foreign
countries arising under Treaties between Great
Britain and such countries.
32. The General Parliament may also, from
time to time, establish additional Courts, and the
General Government may appoint Judges and
officers thereof, when the same shall appear necessary or for the public advantage,
in order to
the due execution of the laws of Parliament.
32. All Courts, Judges, and officers of the
several Provinces shall aid, assist and obey the
General Government in the exercise of its rights
and powers, and for such purposes shall be held
to be Courts, Judges and officers of the General
Government.
33. The General Government shall appoint
and pay the Judges of the Superior Court in
each Province, and of the County Courts in Upper Canada, and Parliament shall fix
their salaries.
34. Until the Consolidation of the Laws of
Upper Canada, New Brunswick, Nova Scotia,
Newfoundland and Prince Edward Island, the
Judges of these Provinces appointed br the General Government, shall be selected from
their
respective Bars.
35. The Judges of the Courts of Lower Canada shall be selected from the Bar of Lower
Canada.
36. The Judges of the Court of Admiralty
now receiving salaries shall be paid by the General Government.
37. The Judges of the Superior Courts shall
hold their offices during good behaviour, and shall
be removable only on the Address of both Houses
of Parliament.
38. For each of the Provinces there shall be
an Executive Officer, styled the Lieutenant Governor, who shall be appointed by the
Governor-
General in Council, under the Great Seal of the
Federated Provinces, during pleasure : such pleasure not to be exercised before the
expiration of
the first five years, except for cause : such cause
to be communicated in writing to the Lieutenant
Governor immediately after the exercise of the
pleasure as aforesaid, and also by Message to
both Houses of Parliament within the first week
of the first session afterwards.
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39. The Lieutenant Governor of each Province shall be paid by the General Government.
40. In undertaking to pay the salaries of the
Lieutenant Governors, the Conference does not
desire to prejudice the claim of Prince Edward
Island upon the Imperial Government for the
amount now paid for the salary of the Lieutenant
Governor thereof.
41. The Local Government and Legislature of
each Province shall be constructed in such manner as the existing Legislature of each
such
Province shall provide.
42. The Local Legislature shall have power to
alter or amend their constitution from time to
time.
43. The Local Legislatures shall have power
to make laws respecting the following subjects :
1. Direct taxation, and in New Brunswick
the imposition of Duties on the Export of Timber, Logs, Masts, Spars,
Deals, and Sawn Lumber ; and in
Nova Scotia, of Coals and other minerals. |
2. Borrowing money on the credit of the
Province. |
3. The establishment and tenure of local
offices, and the appointment and payment of local officers. |
4. Agriculture. |
5. Immigration. |
6. Education ; saving the rights and privileges which the Protestant or Catholic
minority in both Canadas may possess
as to their Denominational Schools
at the time when the Union goes into
operation. |
7. The sale and management of Public Lands
excepting Lands belonging to the
General Government. |
8. Sea Coast and Inland Fisheries. |
9. The establishment, maintenance and
management of Penitentiaries, and
Public and Reformatory Prisons. |
10. The establishment, maintenance and
management of Hospitals, Asylums,
Charities, and Eleemosynary Institutions. |
11. Municipal Institutions. |
12. Shop, Saloon, Tavern, Auctioneer and
other Licenses. |
13. Local Works. |
14. The Incorporation of Private or Local
Companies, except such as relate to
matters assigned to the General Parliament. |
15. Property and Civil Rights, excepting
those portions thereof assigned to the
General Parliament. |
16. Inflicting punishment by fine, penalties,
imprisonment or otherwise, for the
breach of laws passed in relation to
any subject within their jurisdiction. |
17. The Administration of Justice, including
the Constitution, maintenance and
organization of the Courts,—both of
Civil and Criminal Jurisdiction, and
including also the Procedure in Civil
matters. |
18. And generally all matters of a private or
local nature, not assigned to the General Parliament. |
44. The power of respiting, reprieving, and
pardoning Prisoners convicted of crimes, and of
commuting and remitting of sentences in whole
or in part, which belongs of right to the Crown,
shall be administered by the Lieutenant Governor
of each Province in Council, subject to any
instructions he may, from time to time, receive
from the General Government, and subject to
any provisions that may be made in this behalf
by the General Parliament.
45. In regard to all subjects over which jurisdiction belongs to both the General
and Local
Legislatures, the laws of the General Parliament
shall control and supersede those made by the
Local Legislature, and the latter shall be void so
far as they are repugnant to, or inconsistent with,
the former.
46. Both the English and French languages
may be employed in the General Parliament and
in its proceedings, and in the Local Legislature
of Lower Canada, and also in the Federal Courts
and in the Courts of Lower Canada.
47. No lands or property belonging to the
General or Local Governments shall be liable to
taxation.
48. All Bills for appropriating any part of the
Public Revenue, or for imposing any new Tax or
Impost, shall originate in the House of Commons
or House of Assembly, as the case may be.
49. The House of Commons or House of
Assembly shall not originate or pass any Vote,
Resolution, Address or Bill for the appropriation
of any part of the Public Revenue. or of any
Tax or Impost to any purpose, not first recommended by Message of the Governor General
or
the Lieutenant Governor, as the case may be,
during the Session in which such Vote, Resolution, Address or Bill is passed.
50. Any Bill of the General Parliament may
be reserved in the usual manner for Her Majesty's
Assent, and any Bill of the Local Legislatures
may, in like manner, be reserved for the consideration of the Governor General.
51. Any Bill passed by the General Parliament
shall be subject to disallowance by Her Majesty
within two years, as in the case of Bills passed
by the Legislatures of the said Provinces hitherto ; and, in like manner, any Bill
passed by a
Local Legislature shall be subject to disallowance
by the Governor General within one year after
the passing thereof.
52. The Seat of Government of the Federated
Provinces shall be Ottawa, subject to the Royal
Prerogative.
53. Subject to any future action of the respective Local Governments, the Seat of
the Local
Government in Upper Canada shall be Toronto ;
of Lower Canada. Quebec ; and the Seats of the
Local Governments in the other Provinces shall
be as at present.
54. All Stocks, Cash, Bankers' Balances and
5
Securities for mass belonging to each Province
at the time of the Union, except as hereinafter
mentioned, shall belong to the General Government.
55. The following Public Works and Property
of each Province shall belong to the General
Government, to wit :-
1. Canals. |
2. Public Harbours. |
3. Light Houses and Piers. |
4. Steamboats, Dredges and Public Vessels. |
5. River and Lake Improvements. |
6. Railway and Railway Stocks, Mortgages
and other debts due by Railway Companies. |
7. Military Roads. |
8. Custom Homes, Post Offices and other
Public Buildings, except such as may
be set aside by the General Government for the use of the Local Legislatures and Governments.
|
9. Property transferred by the Imperial
Government and known as Ordnance
Property. |
10. Armories, Drill Sheds, Military Clothing
and Munitions of War, and |
11. Lands set apart for public purposes. |
56. All lands, mines, minerals and royalties
vested in Her Majesty in the Provinces of Upper
Canada, Lower Canada, Nova Scotia, New
Brunswick and Prince Edward Island, for the
use of such Provinces, shall belong to the Local
Government of the territory in which the same
are so situate ; subject to any trusts that may
exist in respect to any of such lands or to any
interest of other persons in repect of the same.
57. All sums due from purchasers or lessees of
such lands, mines or minerals at the time of the
Union, shall also belong to the Local Governments.
58. All assets connected with such portions
of the public debt of any Province as are assumed by the Local Governments shall also
belong to those Governments respectively.
59. The several Provinces shall retain all
other Public Property therein, subject to the
right of the General Government to assume any
Lands or Public Property required for Fortifications or the Defence of the Country
60. The General Government shall assume all
the Debts and Liabilities of each Province.
61. The Debt of Canada, not specially assumed by Upper and Lower Canada respectively.
shall not exceed, at the time of the Union,
$62,500.000 ; Nova Scotia shall enter the Union
with a debt not exceeding $8,000,000 ; and New
Brunswick with a debt not exceeding $7,000,000.
62. In case Nova Scotia or New Brunswick do
not incur liabilities beyond those for which their
Governments are now bound, and which shall
make their debts at the date of Union less than
$8,000,000 and $7,000,000 respectively, they
shall be entitled to interest at five per cent. on
the amount not so incurred, in like manner as is
hereinafter provided for Newfoundland and Prince
Edward Island ; the foregoing resolution being
in no respect intended to limit the powers given
to the respective Governments of those Provinces, by Legislative authority, but only
to limit
the maximum amount of charge to be assumed
by the General Government ; provided always,
that the powers so conferred by the respective
Legislatures shall be exercised within five years
from this date, or the same shall then lapse.
63. Newfoundland and Prince Edward Island,
not having incurred Debts equal to those of the
other Provinces, shall be entitled to receive, by
half-yearly payments, in advance, from the General Government, the Interest at five
per cent on
the difference between the actual amount of their
respective Debts at the time of the Union, and
the average amount of indebtedness per head of
the Population of Canada, Nova Scotia and
New Brunswick.
64. In consideration of the transfer to the General Parliament of the powers of Taxation,
an
annual grant in aid of each Province shall be
made, equal to eighty cents per head of the population, as established by the census
of 1861 ; the
population of Newfoundland being estimated at
130,000. Such aid shall be in full settlement of
all future demands upon the General Government
for local purposes, and shall be paid half-yearly
in advance to each Province.
65. The position of New Brunswick being such
as to entail large immediate charges upon her
local revenues, it is agreed that for the period of
ten years, from the time when the Union takes
effect, an additional allowance of $63.000 per
annum shall be made to that Province. But that
so long as the liability of that Province remains
under $7,000,000 a deduction equal to the interest on such deficiency shall be made
from the
$63,000.
66. In consideration of the surrender to the
General Government by Newfoundland of all its
rights in Mines and Minerals, and of all the ungranted and unoccupied Lands of the
Crown, it
is agreed that the sum of $150,000 shall each
year be paid to that Province, by semi-annual
payments ; provided that that Colony shall retain
the right of opening, constructing and controlling
Roads and Bridges through any of the said Lands
subject to any Laws which the General Parliament may pass in respect of the same.
67. All engagements that may before the Union be entered into with the Imperial Government
for the defence of the Country. shall be assumed by the General Government.
68. The General Government shall secure,
without delay, the completion of the Intercolonial
Railway from Rivière du Loup, through New
Brunswick. to Truro in Nova Scotia.
69. The communications with the North-Western Territory, and the improvements required
for the development of the Trade of the Great
West with the Seaboard, are regarded by this
Conference as subjects of the highest importance
to the Federated Provinces, and shall be prosecuted at the earliest possible period
that the state
of the Finances will permit.
70. The sanction of the Imperial and Local
6
Parliaments shall be sought for the Union of the
Provinces, on the principles adopted by the Conference.
71. That Her Majesty the Queen be solicited
to determine the rank and name of the Federated
Provinces.
72. The proceedings of the Conference shall
be authenticated by the signatures of the Delegates, and submitted by each Delegation
to its
own Government, and the Chairman is authorized to submit a copy to the Governor General
for transmission to the Secretary of State for the
Colonies.
Having read the motion, the hon. gentleman
commenced to speak in French, when Hon.
Mr. Ross requested he should address the
House in English.
HON. MR. LETELLIER thought, as there
were two members of the government in the
House, one who spoke best in French (Sir E.
P. TACHÉ), and one who did the same in English, it would be better for the Hon. Premier
to speak in French, and then his colleague
could do the same in English; but
Hon. Sir
E. P. TACHÉ concluded that as there were
English members who did not understand
French at all, while the French members all
understood English, it would be best for him
to speak in the latter language, and proceeded to do so.
HON. SIR E. P. TACHÉ then said that in
moving the resolution he felt it his duty first
to make a few preliminary remarks, and to
give fully and thoroughly the reasons which
had induced him to assume the grave responsibility of laying this measure before the
House and the country. The reasons were
two-fold. They related first to the intrinsic
merits of the scheme itself, divested of all
other considerations, and next, to the settlement of the domestic difficulties which
for
some years had distracted the country, and
the means we might and ought to employ to restore good feeling, harmony and concord
therein. He would, then, first address himself to
what he considered the intrinsic merits of the
scheme of Confederation, and he would therefore say that if were anxious to continue
our
connection with the British Empire, and to
preserve intact our institutions, our laws,
and even our remembrances of the past, we
must sustain the measure. If the opportunity which now presented itself were allowed
to pass by unimproved, whether we would or
would not, we would be forced into the American Union by violence, and if not by violence,
would be placed upon an inclined plain which
would carry us there insensibly. In either
case the result would be the same. In our
present condition we would not long continue
to exist as a British colony. To sustain this
position he thought it was only necessary to
look at the present state of Canada, its extent,
its agricultural and mineral resources, its internal means of communication—natural
and
artificial,—its geographical position and its
climate. The extent of the Canadian territory was, perhaps, not defined, but it was
sufficiently well known to enable him to state
that it was as large as many empires in Europe, larger than France or Austria. He
knew that the portion cultivated was, in respect to its superficial area, only as
to the seacoast to the sea itself. We had vast forests
not yet opened or occupied, and yet we had a
population numbering over two and a half
millions of souls. With such an extent of
territory and so fertile a soil, he had no doubt
whatever that in less than half a century Canada would embrace a population equal
to
that of the large empires of the old world.
Then with regard to our internal communica
tions, natural and artificial, there was the
noble St. Lawrence, which, with great propriety, might be called the father of rivers,
for this stream, in point of navigable extent,
was longer than any other river in the world.
Some of its tributaries which would help to
people the interior, were larger than the first-
class rivers of Europe, and as to its lakes,
none such are to be found elsewhere, especially
in view of the facilities they afford to trade.
Then the minerals of Canada, which were
only now beginning to attract attention, were of
the most valuable character, and as practical
men asserted, much more valuable than the
richest auriferous regions could be. The honorable member then referred to the artificial
commucations of the country, viz., our Canals,
which, he said, were on a scale unequalled in
America, or, indeed, in the world. Our Railway system too, in proportion to our means
and population, was as extensive as could be
found anywhere else ; yet with all these advantages, natural and acquired, he was
bound
to say we could not become a great nation.
We labored under a drawback or disadvantage
which would effectually prevent that, and he
would defy any one to take a map of the world
and point to any great nation which had not seaports of its own open at all times
of the year.
Canada did not possess those advantages, but
was shut up in a prison, as it were, for five
months of the year in fields of ice, which all
the steam engineering apparatus of human
ingenuity could not overcome, and so long as
this state of things continued, we must con
7sent to be a small people, who could, at any
moment, be assailed and invaded by a people
better situated in that respect than we were.
Canada was, in fact, just like a farmer who
might stand upon an elevated spot on his
property, from which he could look around
upon fertile fields, meandering streams, wood
and all else that was necessary to his domestic
wants, but who had no outlet to the highway.
To be sure he might have an easy, good-natured neighbor, who had such an outlet, and
this neighbor might say to him, " Don't be
uneasy about that, for I will allow you to pass
on to the highway, through my cross road, and
we shall both profit by the arrangement." So
long as this obliging neighbor was in good
humor everything would go on pleasantly, but
the very best natured people would sometimes
get out of temper, or grow capricious, or circumstances might arise to cause irritation.
And
so it might come to pass that the excellent
neighbor would get dissatisfied. For instance,
he might be involved in a tedious and expensive law suit with some one else ; it might
be
a serious affair—in fact, an affair of life or
death, and he might come to the isolated
farmer and say to him, " I understand that
you and your family are all sympathising with
my adversary ; I don't like it at all, and I am
determined you will find some other outlet to
the highway than my cross road, for henceforth my gate will be shut against you."
In
such a case what is the farmer to do ? There
is the air left, but until the aerostatic science
is more practically developed, he can hardly
try ballooning without the risk of breaking
his neck. (Laughter.) Well, that was precisely our position in reference to the United
States. Since the Atlantic and St. Lawrence
Railway was opened we have had a very convenient outlet to the sea, and he, with other
hon. members now present, would remember
the joyful jubilee which was held on the occasion of its opening at Boston in 1851
or '52.
For one he was perfectly delighted, as being a
man of a different origin, to mark how the two
branches of the Anglo-Saxon race fraternised.
How they did shake hands to be sure ! How
they did compliment each other as possessing
qualities superior to all other people. They
were indeed very affectionate and almost swore
eternal friendship and fidelity, and he (Sir
E. P. TACHÉ) had no doubt whatever of
their perfect sincerity at the time. The consequences of this great work had, no doubt,
been highly advantageous to both sides, for
their commercial relations had enlarged very
much, so much indeed that now the transac
tions with the United States were, as he believed, more extensive than those with
Great
Britain. If the advantages had been all on
one side this increase would, of course, not
have taken place. But how were we situated
now? Difficultics had supervened, in which
we were in no wise concerned, but which originated with themselves. It was North against
South solely, yet these difficulties had affected
the good feeling between them and this country. To be sure there had been no misunderstanding
at all between our respective Governments, but the minds of the people on both
sides had been considerably affected. The
people of the Northern States believed that
Canadians sympathized with the South much
more than they really did, and the consequences of this misapprehension were : first,
that we had been threatened with the abolition
of the transit system ; then the Reciprocity
Treaty was to be discontinued ; then a passport system was inaugurated, which was
almost
equivalent to a prohibition of intercourse, and
the only thing which really remained to be
done was to shut down the gate altogether and
prevent passage through their territory. Would
any one say that such a state of things was
one desirable for Canada to be placed in ? Will
a great people in embryo, as he believed we
were, coolly and tranquilly cross their arms and
wait for what might come next ? For his part
he held that the time had now arrived when we
should establish a union with the great Gulf
Provinces. He called them great advisedly,
for they had within themselves many of the
elements which went to constitute greatness,
and of some of which we were destitute.-
Canada was unquestionably wanting in several
of these important elements, and he had been
very sorry a few days ago to hear an hon.
member of this House make comparisons unfavorable to those countries. That hon. member
had said the Lower Provinces were poor
and needy, and that like all other poor people
they would no doubt be glad to connect themselves with a wealthy partner. He had also
said their product of wheat was very small,
and that one of the inferior counties in Upper
Canada yielded more than the whole of New
Brunswick. Well, the allegations in respect
of the produce of wheat might be true ; but
that did not necessarily constitute them poor
provinces. Let the honorable member look
at Massachusetts, Connecticut, Rhode Island
and New Hampshire, which, in respect of
agricultural produce, might be said to be poor,
so poor that an American had once told him
(Sir E. P. TACHÉ) that they did not even grow
8
grass, and their inhabitants had to file the
teeth of their sheep in summer to enable them
to get a subsistence. (Laughter.) Yet were
these states poor ? Had they no resources
from their trade and manufactures ? If they
did not produce wealth in one way they certainly did in others, and so it was with
New
Brunswick. If it did not produce wheat, it
produced timber in immense quantities. It
had a very extensive fishing coast which was
a source of great wealth. Some honorable
gentlemen would perhaps remember what an
eminent man from Nova Scotia—the Hon.
JOSEPH HOWE—had said at a dinner in this
country in 1850, that he knew of a small
granite rock upon which, at a single haul of
the net, the fishermen had taken 500 barrels
of mackerel. That was a great haul no
doubt—(laughter)—but the honorable gentleman had not given the size of the barrels.
(Laughter.) Still no one could deny that the
Gulf Provinces were of immense importance,
if only in respect of their fisheries. Then
they were rich in minerals. Their coal alone
was an element of great wealth. It had been
said that where coal was found the country was
of more value than gold. Look at England,
and what was the chief source of her
wealth if not coal ? Deprived of coal, she
would at once sink to the rank of a second or
third rate power. But Canada had no coal,
and notwithstanding all her other elements
of greatness, she required that mineral in
order to give her completeness. What
she had not, the Lower Provinces had ;
and what they had not, Canada had.
Then as to ship-building, it was an industry
prosecuted with great vigor and success in
those provinces, especially in New Brunswick,
and some of the finest vessels sailing under
the British flag had been built in the port of
St. John, which annually launched a considerable number of the largest class. They
were not beggars, nor did they wish to come
into the union as such ; but as independent
provinces, able to keep up their credit, and
provide for their own wants. They would
bring into the common stock a fair share of
revenue, of property, and of every kind of
industry. As to their harbours, he (Sir E. P.
TACHE) had had the good fortune to visit
them personally, and would say they could
not be surpassed anywhere ; in fact he believed
they were unequalled in the world. He would
especially refer to that of Halifax, and would
ask honorable members to imagine an extensive roadstead, protected by several islands
standing out in the sea, so as to break the
waves and quiet the waters in the worst of
storms. This most beautiful harbour could
accommodate, in perfect safety, more than 100
of the largest vessels ; but this was not all,
for at the east end where it diminished into a
gully, but with very deep water, you enter
into a large natural basin, rounded as it were
by the compass, and of an extent sufficient to
take in all the navies of the world. The,
entrance to this magnificent inner harbour was
rendered inaccessible to any foe by the fortifications erected at the mouth, and the
entrance
could, moreover, be so barred that no hostile
fleet could ever get through. He did not
suppose the fleets of England would ever need
to take refuge there—(hear, hear)—although
it had been loudly alleged that they could be
blown out of the water in an incredibly short
space of time—(laughter)—but it might afford
shelter to isolated vessels, in case they were
hard pushed by superior numbers. Well,
under the union, Canada would become a
partner in these advantages, and with the
harbours of Halifax and Quebec, they might
well feel proud of their country. On the
whole, he thought that the Confederation of
all the Provinces had become an absolute
necessity, and that it was for us a question of
to be or not to be. If we desired to remain
British and monarchical, and if we desired to
pass to our children these advantages, this
measure, he repeated, was a necessity. But
there were other motives and other reasons
which should induce us to agree to the scheme.
Every honorable gentleman in the House knew
the political position of the country, and were
acquainted with the feelings of irritation which
have prevailed for many years. They knew it
happily not by their experience in this House,
but by the tone of the public press, and by the
discussions in another place where taunts and
menaces were freely flung across the floor by
contending parties. They knew what human
passions were, and how, when bitter feelings
continued for a long time, the distance between
exasperation and actual conflict was not very
great. They had now before their own eyes
an example of the effects of such disagreements.
It was persistently believed by many that the
rival interests would never come to a rupture,
but for three years they had been waging a
conflict which had desolated and ruined the
fairest portion of the country, and in the course
of which acts of barbarity had been committed
which were only equalled by the darkest ages.
We in Canada were not more perfect, and the
time had arrived when, as he believed, all the
patriotic men in the country ought to unite in
9
providing a remedy for the troubles we had to
contend with. It might be said that the
remedy proposed was not required, but he
would like to know what other could be proposed. Legislation in Canada for the last
two
years had come almost to a stand still, and if
any one would refer to the Statute Book since
1862, he would find that the only public
measures there inscribed had been passed
simply by the permission of the Opposition.
This was the condition of things for two years,
and if this were an evil there was another not
less to be deplored ; he referred to the administration of public affairs during the
same period.
From the 21st May, 1862, to the end of June,
1864, there had been no less than five different
Governments in charge of the business of the
country. The honorable member here gave a
history of the several changes until the MACDONALD-DORION Administration died, as
he
stated, of absolute weakness, falling under the
weight they were unable to carry. Their
successors were not more successful, and
being defeated were thinking of appealing to
the country, which they might have done
with more or less success, gaining a constituency here, and perhaps losing another
elsewhere. They had assumed the charge of
affairs with an understanding that they would
have a right to this appeal, and while they
were consulting about it they received an intimation from the real chief of the Opposition,
through one of their own friends, to the effect
that he was desirous of making overtures to
them, with the view of seeking to accommodate the difficulties. The honorable gentleman
and some of his friends then came into contact
with the leaders of the Government, and it
was agreed between them to try to devise a
scheme which would put an end to the misunderstandings, and at the same time secure
for Canada and the other provinces a position
which would ensure their future safety and
procure them the respect and confidence of
other nations. They arranged a large scheme
and a smaller one. If the larger failed, then
they were to fall back upon the minor, which
provided for a federation of the two sections of
the province. At the time these measures
were resolved upon the country was bordering
on civil strife, and he would ask if it was not
the duty of both sides to do all they could to
prevent the unfortunate results which would
have followed. An honorable member opposite (Hon. Mr. LETELLIER DE ST. JUST) had
said, a few days ago, that it would have been
easy to have prevented the necessity for a
Confederation of all the provinces, by granting
to Upper Canada the increased representation,
or the demand of representation according to
population, which they had been contending
for.
HON. MR. LETELLIER DE ST. JUST
begged to say that the Hon. Premier must
have misunderstood him. What he had said
was that if the proposition had been made to
the people whether they should have a Confederation of all the provinces, or give
Representation according to Population to Upper
Canada, they would have chosen the latter ;
and when he had alluded to some other mode
of accommodating the difficulties, he meant
that if the Government had applied to other
parties in the Legislature than those they had
had associated with themselves, they might
have succeeded without having recourse to
Confederation.
HON. SIR. E. P. TACHÉ said that he had
not been alone in interpreting the honorable
member as he had done, for two city journals
had taken the same view of his remarks.
HON. SIR E. P. TACHÉ—Well, it did
not much matter ; but the honorable member
should recollect that Lower Canada had constantly refused the demand of Upper Canada
for representation according to population,
and for the good reason that, as the union
between them was legislative, a preponderance
to one of the sections would have placed the
other at its mercy . It would not be so in a
Federal Union, for all questions of a general
nature would be reserved for the General
Government, and those of a local character to
the local governments, who would have the
power to manage their domestic affairs as they
deemed best. If a Federal Union were
obtained it would be tantamount to a separation of the provinces, and Lower Canada
would thereby preserve its autonomy together
with all the institutions it held so dear, and
over which they could exercise the watchfulness and surveillance necessary to preserve
them
unimpaired. [The honorable member repeated this portion of his speech in French,
for the express purpose of conveying his
meaning in the clearest and most forcible
manner to his follow-members for Lower
Canada, who might not have apprehended so
well the English.] But there might be a
portion of the inhabitants of Lower Canada
who might at a first glance have greater reason
to complain than the French Roman Catholics,
and these were the English Protestants. And
why ? Because they were in a minority ; but
10
he thought that if they took the trouble fully
to consider the subject, they would be reassured and satisfied with the scheme. First
a great event had taken place ; the law of
Lower Canada had been consolidated and the
Englîsh-speaking people residing in that section
had got reconciled to it ; in fact they were well
satisfied therewith. In this respect, then,
they were secure. But they might say that
the majority in the Local Legislature might
hereafter be unjust to them, but he thought
that, on looking at the past, their fears might
be allayed. Before the union of the provinces,
when the large majority of members in the
Legislature were French, the English inhabitants had never found cause of complaint
against them. In no instance had injustice
been attempted. The difficulty was that
the minority wanted to rule and wanted to
possess the whole power of the state in their
hands. That the people of Lower Canada
always acted towards the English with liberality was best exemplified by facts. Before
the union wile the constituencies were almost
exclusively French, English Protestant gentlemen were frequently returned to Parliament,
and he had now opposite to him an honorable
member who had for twenty years represented
an entirely French and Roman Catholic county. He doubted if in the course of those
twenty
years that honorable member had ever been
asked whether he were Scotch or Protestant.
They took the man for his sterling worth. It
was even a fact that the French had elected
members with extraordinary names, and as
everybody knew, there was sometimes a good
dealin a name, (Hear, hear.) Now if there
was one name which French Canadians disliked more than another, it was that of Luther
(Hear, hear and laughter). Yet they had
elected a gentleman bearing that significant
appellation. He was glad they had, and he
had no doubt he had been elected because of
his personal worth ; but it unquestionably
showed a great deal of liberal feeling on the
part of the electors. (Hear, hear.). But if
an English Protestant was bad in the eyes of
a French Canadian, a French Protestant was
infinitely worse, and yet the county of Lotbinière had elected a French Canadian Protestant
without even questioning his religion.
That gentleman was a most worthy, able and
well educated person, and every way well
qualified for the important trust. But again,
quite fately in a division in Lower Canada
numbering over fifty thousand souls, of which
only one thousand four hundred were English,
an election of a member to this Chamber had
taken place, the candidates being a French:
Roman Catholic gentlemen, long and well
known, and an English Protestant—and with
what result ? Why, that the English Protestant had beaten the French Canadian Roman
Catholic by one thousand votes. (Hear.)
Could any greater proof of a tolerant and
liberal feeling be exhibited ? These examplesÂ
should show, as he thought, that the Protesttants of Lower Canada were sure to meet
with
not justice simply, but with the largest toleration. It might perhaps be said that
Mr. PRICE,
who had been elected for the division of which
he spoke, being a large merchant doing business in Chicoutimi, had used the influence
which his position gave him over many electorsÂ
who were in his debt to obtain success ; but
whatever might be said of Chicoutimi, it
could not be said of the county of Charlevoix,
where he had no such business relations, and
yet he obtained a majority there too. The
fact was, the result might be considered not
only as a mark of confidence in Mr. PRICE, the
son elected, but as a token of respect and
gratitude to Mr. PRICE, senior, who had by his
energy and enterprise opened up the Saguenay
country, and who, in a certain sense, might be
said to be the father of that region. Much
had been said on the war of races, but that
war was extinguished on the day the British
Government granted Canada Responsible Government, by which all its inhabitants, without
distinction of race or creed, were placed on a
footing of equality. (Hear, hear). The war
of races found its grave in the resolutions of
the 3rd September, 1841, and he hoped never
to hear of it again. We were so situated that
there must needs be mutual forbearance. This
.life was one of compromise. Not only was forbearance needed in public life, but in
domestic
life. If one member in a family insists upon
having all his own way, there will be trouble,
and so through all possible relations of
humanity. He believed the French-Canadians
would do all in their power to render justice
to their fellow subjects of English origin,
and it should not be forgotten that if the
former were in a majority in Lower Canada,
the English would be in majority in the
General Government, and that no act of real
injustice could take place, even if there were a
disposition to perpetuate it, without its being
reversed there. He had now given to the House
the motives which had led him to take the
responsibility of introducing this important
measure, and he trusted they would be viewed
as sufficient. When the proper time for the
discussion of the details came, he would be
11
prepared to give such explanations as might
seem requisite, and as to the mode and time of
the discussion he would leave that to the
decision of the House.
Hon. Mr. FERGUSSON BLAIR—[Owing
to some noise in the House, the reporter did
not clearly understand the opening remarks of
the hon. member, except so far as that he desired to convey the impression that what
he
was about to say was not to be regarded as
committing any one but himself; that he did
not speak for any party or as representing any
party in the House. The hon. member was
also understood to allege he did not think the
political struggles and difficulties alluded to by
the Hon. Premier could be taken as sufficient
to justify the great constitutional change now
proposed]. He thought that in the course of
party struggles for supremacy, the Opposition
had erred in seeking to oust the Ministry before they themselves were prepared to
assume
the charge with a reasonable prospect of being
able to carry on the Government with success.
This was the British system, and an instance
had lately occurred in the Imperial Parliament
exemplifying it. On the Danish question Mr.
D'Israeli could have defeated Ministry,
but, being aware that he could not form a
strong Administration, many of his party abstained from voting. Such a condition of
things could happen just as well in an assembly of 300 as in one of 600, and he did
not
think the change proposed would guarantee
immunity from future difficulties of the same
kind, therefore they might happen in the General Government as we as in that of Canada
alone. But looking at the scheme as presented, and forgetting all past party disputes
and the charges against the public men concerned, it came before the House in such
a
shape as to make it necessary to attempt or reject it. He must say he could act but
attach
great weight to a scheme prepared by men of
differentt political opinions, by eminent men
who had met together for the express purpose
of, arranging it, and who had agreed upon its
provisions. If it were obstructed by any serious amendments, involving a prolonged
delay,
such delay might be fatal, and if it were to
pass, he thought it should be allowed to do so
at a sufficiently early period to permit of its
being laid before the Imperial Parliament this
year. (Hear, hear.) He could not shut his
eyes to the fact that whether or not the union
added strength to the provinces interested, it
would unquestionably add to their respectability and standing , both at home and abroad.
(Hear.) The people of England were, evi
dently looking to the proposed change with
confidence and hope, and as likely to perpetuate the connection of the provinces with
the
empire for a long time to come. But it was
well known that there was an anti-colonial
party in England persistently urging that it
would be an advantage to the nation to get rid
of the colonies. The question of defending
them was an embarrassing one, and unless
some such scheme as this were adopted, it
might present grave difficulties. If the scheme
were rejected, the effect would be very injurious upon our credit. (Hear) But if adopted,
the reverse would be the case. Its acceptance
would also improve our position in the eyes of
our neighbors in France and other nations;
indeed it would, in all probability, give us a
national standing, without the necessity of
separating from the mother country. For these
reasons he had come to the conscientious conclusion that it would be highly injurious
to
reject the scheme, and that it was our duty to
pass it as soon as was consistent with a due
consideration of what was due to so important
a subject. He did not think it necessary to
express, at greater length, his reasons for giving the motion his support, but he
again desired it to be well understood that he spoke
only for himself, and not in concert with any
one else. At the same time he might say,
that from what he knew personally of the
feeling of his section of the country, it was
highly favorable to the measure. There might
be some matters of detail upon which there
was a difference of opinion, and when the resolutions came up in their order, he would
indicate what they were. The proposed submission of the scheme to the electors would
involve a delay which could not be compensated
for by any benefit proposed to be derived from
such a course; but if there should hereafter be
any' very important public movement and
numerous petitions in favor of an appeal to
the people, then the subject would present a
different aspect. Or if the majority in favor
of the scheme in the other branch of the Legislature should be very small, that might
be
deemed a sufficient reason for submitting it to
the country. As to the course to be pursued in
the decision on the merits, he did not know whether it would be best to have it in
Committee
of the Whole or with the Speaker in the chair.
Hon. Sir E. P. TACHÉ thought it would be
better that the Speaker should continue in the
chair, but with the understanding that every
honorable member should be at liberty to
speak freely and frequently as if the House were
in committee.
12
HON. MR. FERGUSSON BLAIR assented.
HON. MR. LETELLIER DE ST. JUST
said, that if he were sufficiently master of
English he would address the House in that
language, but not being so would have to use
the French. The difficulties to which allusion
had been made were produced by two causes.
They were not constitutional, however, but
parliamentary, and, as he believed, could have
been surmounted without recourse to the
constitutional change which it was proposed
to adopt without appeal to the country. It
was true that difficulties had succeeded to
difficulties, and that legislation was stopped,
but if the leaders had sought in the Legislature itself for the means of removing
them, he
believed they would have been found. Who
would guarantee the Government under the
new Constitution from the recurrence of similar
troubles ? There would of course be an Opposition as in the smaller House. If similar
difficulties happened, would the Confederation
seek relief in another change of Constitution.
On the contrary, would not relief be sought
in the means he had suggested. At any rate
he did not think such a change as the union
of all the British provinces was required. In
1820, when a union of Upper and Lower
Canada was proposed, it was objected that if
it did not work a larger union would follow,
and then, lastly, a legislative union of all the
Provinces. Two of these steps had already
been taken, and we were going on with rapid
strides towards the last. In such a case it was
not hard to conceive what would be the position of Lower Canada. It was a misfortune
that we had to contend with national prejudices,
but it was impossible to forget them. In the
event of a legislative union would the guarantees proposed to Lower Canada under the
federation system be found ? Would it not
then be at the mercy of those they now feared ?
He admitted we had a rich country as represented ; we had wheat fields, mineral resources,
forests, rivers and lakes, but to make them
available did we require an increase of territory ? We had territory enough, and an
increase would be a source of weakness, not of
strength. Would it not add to our already
large frontier, and make us more vulnerable
to invasions. The union would not increase
the power of England to protect us, and
England would have the same interest in
protecting the colonies without as well as with
the union. New Brunswick might be rich
in coal, in wood and in fisheries, and do a large
business in ship building, but these things
would seek the best markets under any circum
stances, and he did not see that a union with
us would increase their value, and if it did
it would be no advantage. Then, as to Nova
Scotia with its small population and fine
harbour—where would be the advantage of
connection with her ? Though not united,
would not the harbour be equally available to
our vessels ? He would now say he preferred
to Confederation a legislative union of Upper
and Lower Canada with inequality of representation in the Lower House and equality
in
the Upper. This would not add to the expenses of the province, and would be more
consonant with our interests and the sentiments
[ideas] of the people. Though there should
be inequality in the Assembly , the equality in
the Legislative Council would act as a counterpoise, and prevent one section from
invading
the interests of the other. Then did not Confederation consecrate [establish] the
principle
of representation according to population ?
It would give larger to one of the nationalities,
and, as the General Government would be able
to veto the acts of the Local Government,
would there be no danger to Lower Canada ?
If representation by population had been so
much opposed in this part, it was doubtless
because there was cause of fear, yet this very
power was to be conferred upon the Federal
Government. If it could not be given with
safety under our present regime, how could it
be safer to give it to the Confederation. The
advantage of the plan to Upper Canada was
well understood, for immediately after the
coalition they all agreed to say they had
gained what they had so long contended for.
HON. SIR E. P. TACHÉ—Well, after all,
they only got what the honorable member
himself proposed to give them.
HON. MR. LETELLIER DE ST.JUST
said he always preferred a short direct course
to a long tortuous one. The friends of the
new movement had tried to conceal the fact
that representation according to population
was to be conceded to Upper Canada, but they
had failed, and the avowal had come out at
last. The resolutions not being before the
House, it would be improper to go into the
merits of the details, but he could not avoid
alluding to one point which was of profound
interest. It was clear that the constituencies
had not sent honorable members to this House
for the purpose of electing themselves members for life, as they were invited to do.
They
were not sent here to change the Constitution,
but to uphold it. (Hear.) You were, in
fact, about to declare that the local governments would have power to recommend to
the
13
General Government that you should be appointed for life. If so, then let the people
say
whether such power should be conferred.
Take the means to make sure that the members of the Assembly shall appeal to the
country. In New Brunswick the question
was about to be submitted to the people
through a general election. To be sure, it
was said that the term of Parliament there
had expired ; but if the Ministers in New
Brunswick had understood they could force
a vote, as was about to be done in Canada,
he doubted whether the general election would
have taken place immediately. He believed,
too, that the Conference generally had regarded this as the most proper mode. Then
did not think that such a change should
have been brought about under a Coalition
Government. This was contrary to British
usage, and he believed that if a petition was
numerously signed, and forwarded to the
Imperial Government, representing that this
important change had been brought about by
a coalition, the act would be declared unconstitutional. The scheme was practically
unknown to the people. Under some pressure it had been sent confidentially, to the
members, but what did the country understand of it ?—little or nothing. It had been
said that if the scheme were not adopted now
it would be in danger ; but would it not keep
good for a little while ? Was it feared that
the peeple would find out that it would
occasion increased expense, and so refuse to
have it ? If only for the reason that it was
not known to the people, he would vote against
it. When the details came to be discussed,
he believed some of them would not be approved ; and he also thought that the project
not embrace all the provisions which it
should embrace. Finally, he thought the
Government should not set its face against
some changes in the scheme, were it only in
the matter of the election of members to the
Legislative Council, and he hoped the House
would lead them to consent to that alteration.
When the resolutions came up, he would make
it his duty to speak more positively to the
particulars in question. The honorable member then sat down, saying he approved of
the
mode of discussion proposed. (Hear, hear.)
HON. MR. CURRIE then moved that the
debate be adjourned until Monday, which was
carried.