After the Journals were read, His Honor the Speaker remarked that it was unnecessary
to proceed with the third reading of the Bills before them, because there would be
no time for the Legislative Council to assent to them, as the duct. He would now call
attention to o'clock.
They were elected upon the anti-Confederate ticket, and His Excellency expresses the
hope that they will be recreant to their trust, and that they will, like the Legislative
Council, pass an Address adopting the Quebec Scheme, and ask Her Majesty to force
it upon the people of this country by Imperial Legislation. His Excellency goes on
to say :
This last clause was not in the manuscript submitted to the Government. One paper
was given to them, another published in the Gazette, and another sent to St. John,
and these three were all differ- end. There is no justification for these alterations.
In another part he says :
The word essential seems to imply that it was his duty to consult his Council, but
that word is not in the manuscript submitted to them, but has been substituted for
the word convenient.
MR WILLISTON said that if he rightly understood Mr. Smith he agreed at the time to
give the paper back.
That was added to the paper submitted to them, and it puts a different face upon the
document. He (Mr. S.) would ask the House why it was, if His Excellency had so strong
a wish for the contents of his reply to be known to his Council, that he used such
unbecoming haste in returning an answer ? Did he expect this effort of the Legislative
Council would be successful, and the British Government would force the Quebec Scheme
upon the people of this country. As sure as the sun sets in the west they will rebel
against any such attempt. He (Mr. S.) felt satisfied that many of those gentlemen
who desired Confederation wished to obtain it by constitutional means, and did not
desire by coercion to force Confederation upon the people. He believed they would
resist any such attempt to force upon the people of this country a scheme which they
have rejected. There must be a hidden hand in the matter, for the answer of His Excellency
to the Legislative Council was known to several members of the Opposition a day or
tw before it was delivered. If that be true is it not lamentable and outrageous that
such a state of things exist. The question to be considered is not Confederation or
anti-Confederation, but it is a great constitutional question. If he (Mr. S.) was
the worst man that ever lived, it would be not excuse for His Excellency not consulting
with his advisers, against whose character he could say nothing, for it was due to
them that they should be consulted. The intelligence of the people of this country
has been insulted by His Excellency's telling them that his not consulting his Executive
Council was the result of an accident. He (Mr. S.) felt assured that many of the members
of the Legislative Council would now be willing to retrace their steps, for they feel
that an injustice has been perpetrated upon the country. He did not know whether the
House was prorogued in view of a dissolution or not, but he was satisfied that this
transaction must inevitably end in a dissolution, in order that the people may express
an opinion upon their conduct. He would now call attention to some resolutions which
were now pending before the House, in order that they may see exactly the position
they were in. There was an important principle in these resolutions, for they contained
not only a want of confidence in the Government, but in the Governor himself. Mr.
Smith then read the following Resolutions, moved by Mr. Otty :
" Whereas the Legislative Council in Provincial Parliament assembled, did, on the
6th of April instant pass an Address to Her Majesty, praying that Her Majesty might
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, such union to be based upon the resolutions
adopted at the Conference of Delegates from the several Colonies, held at Quebec on
the 10th October, 1664 :
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866 119
1. Therefore, Resolved, that this House as representing the People of New Brunswick,
is in no wise disposed to admit that a Union of the Colonies under the Quebec Scheme
is an object to be "highly desired," or essential to their future prosperity or influence,
nor calculated to strengthen and perpetuate the ties which bind them to Her Gracious
Majesty's Throne and Government ; and this conviction was fully expressed by the people
of this Province at the General Election held in March, 1865, by the return of a large
majority of candidates opposed to the Quebec Scheme.
2. Resolved, That this House is fully convinced that the Representative Body is alone competent to represent the sentiments of the people, and that the Legislative Council,
representing merely the personal opinion of certain Members, and irresponsible to
the people, is not an authority competent to require the passage of an Imperial Act
compelling the people to submit to a Scheme subversive of the Constitution of the
Province, and indignantly rejected by its inhabitants when lately proposed to them.
3. Resolved, That no interference on the part of the Imperial Parliament with the
Constitution of this Province, which should not be founded on the wishes of the people
freely expressed either through the House or in any other constitutional manner, would
in any wise tend to promote any scheme of Union between the Colonies, and the connection
between this country and the Parent State, will be durable in proportion to the direct
influence exercised by the people in the management and control of their own affairs.
4. Resolved, That the Legislative Council, by acting with such aimed hostility to
the sentiments of the people, have forfeited the confidence of this House of Assembly
; and their proceedings during the session in passing the said Address to Her Majesty,
and presenting the same to the Lieutenant Governor, previous to the passing of the
Address by the House of Assembly in answer to His Excellency's Speech at the opening
of the Session, and during the continuance of a debate on a want of confidence motion,
have destroyed all hopes of seeing the Council act in harmony with the House of Assembly
:
And this House is convinced that Her Majesty's Government will abstain from acting
upon an Address emanating from an irresponsible body of the Legislature, and advocating
a scheme for an important constitutional change, and one whereby the members of that
body alone would individually obtain increased salaries and higher official position.
5. Resolved, That the answer of His Excellency the Lieutenant Governor to the Address
of the Legislative Council is directly adverse to the views and desires of the majority
of the Representatives of the people, and the assumption of the responsibility of
such answer by the Executive Council would admit a willingness to adopt that very
scheme which the people [?] the last General Election rejected by a large majority, and which the Members of
this Council, with other Representtatives, were elected to oppose.
6. Resolved, That the manner in which the said answer was submitted by his Excellency
the Lieutenant Governor to his Executive Council [?] sincere disapproval, [?] of said Executive Council having been
consulted by His Excellency with regard
to the terms thereof until within a few minutes before the same should hae been and
was delivered.
7. Resolved, That we cannot but highly approve of the conduct of the Members of the
Executive Council in tendering their resignations to a Governor who has exhibited
so little regard for the wishes of the people, and treated with such discourtesy the
Members of his Council, the Representatives of the people, and used such means to
destroy the principles of Responsible Government which this country has hitherto enjoyed.
8. Resolved, That His Excellency, by thus exercising his authority, prevent the Legislature
from going into consideration of the matters contained in his Address ; and although
a large majority of the Representatives have expressed their opinions upon the want
of confidence motion in approval of the course of the Government, and sustaining them
therein, yet by such conduct a Government possessing the confidence of the people
have been compelled to resign, and the rights and Constitution of a free people trampled
upon and disregarded.
9. Resolved, That it is deeply to be regretted that His Excellency should have persisted
in such a course, after the almost unanimous expression of this House antagonistic
to the Quebec Scheme at its last session, and adopted upon a calm, patient, and deliberate
consideration of its provisions, and also after so decided and independent a majority
of the people had expressed their condemnation thereof.
10. Resolved, That in thus placing himself in direct opposition to the recorded opinions
of the majority of the House of Assembly, and also of his Executive Council, his Excellency
has pursued a course fraught with consequences so detrimental to the interests of
the Province, and so subversive of the rights and liberties of the people thereof,
that the same should immediately be brought under the notice of Her Majesty, in the
hope that He Majesty will be graciously pleased to make such a change in the Executive
Department of this Province as will ensure the affairs of the Province being so conducted
as to secure harmony among the different brances of the Government, and perpetuate
that system of Colonial Policy and Government which was secured to us by the success
of a former political struggle.
11. Resolved, That an Address of this House, based upon and embodying the foregoing
Resolutions, be at once transmitted to Her Most Gracious Majesty, and a copy of the
foregoing Resolutions forwarded to his Excellency.
Was there any precedent in this country for His Excellency's proroguing the House
before it has passed the address in answer to the speech. The Opposition, during the
continuance of this debate on the address, lost all hopes of overturning the Government
by their motion of want of confidence, and they had to resort to another method. He
hoped the [illegible] of the Crown would not be [illegible] prevent the representatives
[?] pressing [?]Â prerogative of the Crown, and said,
thank God we live in a free country, and have enjoyed a free Government for many years,
and it was their duty to cherish it, and maintain its principles inviolate. He had
no doubt but that the people of the country would do this, and that they would not
surrender their privileges to any man who came from England, and would not probably
stay here twelve months. He respected the man who was sent here to preside over them,
and he would be sorry to encroach upon his privileges and prerogatives, yet it was
the duty of the House to protect the liberties of the people. The prerogative of the
Crown was committed to the Crown, not only for its own benefit but for the benefit
of the people. It does not involve a mere passive obedience to the will of the Sovereign,
but it is a high and mighty agent which should never be employed except for the benefit
of the people. This prerogative of prorogation, which is for the benefit of the people,
is now to be used to interpose between the voice of the people and the Governor, who
was sent here to govern them. This is a high handed proceeding, when those resolutions
are before the House involving a question between the Lieutenant Governor and the
people. We ask permission to lay our grievance at the foot of the throne, and we have
a right to be heard. Has the Governor a right to use his prerogative to stifle the
voice of the people, and prevent them from being heard by Her Majesty, who will condemn
these proceedings? That is what we ask for, and it is our right. We have assembled
here by the lawful authority of the Crown, but we feel an act of outrage has been
perpetrated upon us, that our constitutional Government has been violated and we want
to be heard by Her Majesty the Queen. Is that an unreasonable request ? If not, why
are we not allowed to have it? He trusted the Government would stay their hand, and
allow them an opportunity to discuss those resolutions, and have them laid at the
goot of the throne, in order that justice may be done, which is a reasonable request.
He (Mr. Smith) had not heard the speech of the member of the Government in the Legislative
Council, but he had been told that it was an attack upon him, and that he (Mr. Mitchell)
had referred to a conversation with him.So far from having a conversation together,
they held no intercourse. So fixed was the Government's determination to hold no intercourse
with Mr. Mitchell, that he (Mr. Smith) thought they were scarcely courteous to him.
He (Mr. S.) had told the Governor that whatever was done, was done with the full concurrence
of his (Mr. Smith's) friends. His Excellency admits that a committee was to be appointed.
Why did he not wait until the commuttee was appointed? It has been said that the answer
to the address given to the Legislative Council, when they presented to His Excellency
an [illegible] speech, foreshadowed a [illegible] was an answer [illegible] There
 [?] they prevailed. This present address was [?]
120 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.
be presented to Her Majesty and not to His Excellency ; why then could he not have
spoken professedly in behalf of Her Majesty ? in so doing he would have discharged
his duty. He (Mr. S ) had no doubt but that there was an arrangement beforehand. When
he was sent for, His Excellency asked during the course of his observations, " if
we had not better give up, and allow him to form a new Government, and get this question
of confederation out of the way." His Excellency thought that he (Mr. S.) had better
bring his colleagues to the Government House ; doubtless he thought that rather than
take the responsibility of his reply they would resign, and Mr. Stratton was there
he (Mr. S.) believed for the purpose of swearing the new Government in. Could this
conduct be justified ? (Mr. Wilmot said he had read a note from the Governor, stating
that nothing of the kind was intended.) Mr. Smith said his hon. friend may not have
known anything about it ; the note he (Mr. W.) had read did not relieve his position.
His Excellency had said that Mr. Stratton was there to obey any commands, but he (Mr.
S.) believed that one of the commands which His Excellency expected to give him, was
to swear in a new Government. He (Mr. S.) could not tell when this extraordinary change
came over his Excellency's mind, neither could he tell the agencies or means employed
to induce him to change his opinions. Will it not astonish the country to hear that
those parts of the despatch of the 12th of July, which have been called insulting
to her Majesty the Queen, were written by his Excellency. (Mr. Wil mot said that in
the original draft drawn by his Excellency, there was a paragraph in favor of union,
this was struck out, although upon the question being taken, Mr. Hutchinson and himself
had declared themselves in favor of union. The late Attorney General and the Government
are already committed to a principle of union, and were prepared to carry it through
the House in their own time and way )
At 5 P. M. his Excellency summoned
the House to the Legislative Council Chamber, and delivered to the Legislature the
following
CORRESPONDENCE ON THE RESIGNATION.
" 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 transmits to 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 State 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 America
should unite in one Community under one strong and efficient Government, cannot but
tend to hasten the accomplishment of this great measure."
Thc 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
at the Conference of Delegates from these several Colonies held at Quebec on the tenth
day of October, 1864, is an object highly to be desired, essential to their future
prosperity and influence, and calculated alike to strengthen 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 submitte 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 consult your Constitutional Advisers in regard to the answer
so given, and in assuming to yourself the right to reply to such Address without consulting
them, your Excellency has not acted in accordance with the true spirit of the Constitution.
In 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 rightful 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- government,
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 collision, 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
feel your Excellency has continued to do, notwithstanding the repeated objections
of one or more Members 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 Constitutional Advisers, they would respectfully express their
conviction that such a course was unconstitutional, and without precedent in any country
where Responsible Government exists.
The Council would further state that the Government were supported by a majority of
the members of the House of Assembly, of which fact your Excellency 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
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 123
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 my colleagues, and return
in half an hour, and he would keep the Legislative Council (who in the meantime had
arrived at Government House) waiting until I returned. I said I could not di 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 that 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 of 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 it
he had resolved upon that course, it was in vain to protract the interview. I then
left him.
(Signed) A. J. SMITH
The Lieutenant Governor has received from the members of His Execu
tive 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 usage.
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.
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.
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 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 opinion 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 Reply, without
previously communicating to them the terms in which it was couched.
Without emquiring 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 submitted the terms of his reply to the consideration of his Council.
The language employed by His Excellency to the Legislative Council was not, however,
inconsistent with the policy which his Advisers had informed him they were inclined
to follow ; or, in his judgment, with the reply which, with the knowledge and consent
of his Council, he had returned a few days previously to an Address from the same
body. His words were, that he "rejoiced to believe that the avowal of the desire of the Legislative Council 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 might shortly be accomplished. 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.
On the 8th January His Excellency received fro 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 took 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
His Excellency stated that it would be his 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 measure.
That 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. Cardwell's despatch of the 24th June,
1865, it would have been His Excellency's duty to accept the proff ered resignation
of Mr. Wilmot ; but if, on the contrary, the statements made by him in this connection
were correct, it would be a matter for grave consideration whether His Excellency
could accept the resignation so tendered, and whether His Excellency would not be
bound to enquire whether Mr. Wilmot was prepared to undertake the responsibility of
recommending to the people the adoption of a measure which was, in the opinion of
Her Majesty's Government, calculated to confer benefit on Her Majesty's subjects in
this Province, and the ac
124 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.
complishment of which His Excellency was directed by every means in his power to promote.
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 American Provinces, and the urgent necessity,
under existing circumstances, for effecting such a measure.
His Excellency stated his confident belief, that after being 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 representation of
their Legislatures 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 Memorandum :—
" CONFIDENTIAL MEMORANDUM.
" The Lieutenant Governor has been instructed by a despatch from the Secretary of
State for the Colonies, bearing date June 24th, 1865, to express to the Legislature
of New Brunswick, on its next re-assembling, "the strong and 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 proximo as the day upon which the General
Assembly is to meet for despatch of business, and before that period it is highly
desirable that he should be informed whether his advisers are prepar ed 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 must have perceived, although His Excellency abstained from any expression calculated
to wound the susceptibility of his Council, that had the question proposed by 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
which, in conjunction with Mr. Smith, he had undertaken to form.
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 referred
to a Joint Committee of both Houses, with an understanding that that Committee should
report in favor of a measure of Union.
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, besides 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 reponsible 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. To this proposal His Excellency understood Mr. Smith to assent
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," and did not intend to pledge himself in the first
instance to propose it.
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.
It is sufficient to remark that whatever the precise nature of the course agreed to
on the 17th February (for the discussion lasted three days,) was, it was one to which
it was felt that 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.
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
weighed 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.
His Excellency, considering that
the speedy accomplishment of a measure of union was now a matter of almost absolute
certainty, addressed to Mr. Smith, on the 7th March, a letter of which the following
is an extract :—
" 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 appreciat" ing the changes, the mode,
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
acknowledged the terms in which His Excellency therein spoke of his conduct.
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 view 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
earnest desire to strengthen the hands
DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 125
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 as a mere party triumph, but as the expression of a national
wish ; nor did he suppose that the course he then took 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 Government, 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, an assertion the
correctness of which His Excellency
at the time felt disposed to question, and which, even if accurate, appeared to him
of doubtful policy, as it was desirable 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 on a question of
such general importance, and with regard 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 would endeavor 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 would
otherwise have felt it his duty 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 except on a few occasions in February, he had little
communication with any of them on the subject ; but His Excellency is convinced that
when Mr. Smith returned to Fredericton on the 5th March, he imagined that he would
be able to carry out the pledges he had given, and that he fully intended to do so.
Since the commencement of the Session, however, the course of the Government has shown
little indication of a movement in this direction.
His Excellency has never ceased to urge on Mr. Smith, the expediency, and indeed necessity
of a bold avowal of his intended policy ; not has he failed to express his apprehensions
as to the consequences of delay in doing so, believing that 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 clearly
apparent to His Excellency that they lacked the power—he will not suppose they lacked
the will—to carry out their original intentions. Their hostility to the particular
form of union agreed to at Quebec, was distinct and emphatic, whilst their approval
of even an abstract union of an indefinite character, because daily more vague and
uncertain."
Declarations were publicly made that no proposition for an Union would be made during
the present Session, and arguments were reported to be used by members of the Government
and their supporters, which were not only against the Quebec Scheme, but equally directed
against 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
; and 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."
In the desire to avoid giving cause of embarrassment to his Government, and at their
request, His Excellency delayed for nineteen days the reception of the Address of
the 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.
Mr. Smith frequently expressed a hope that the Lieutenant Governor did not entertertain any
doubt as to the necessity of his intention in carryig 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 adopted at
Quebec, and the Lieutenant Governor in accordance with his instruction—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 Sovereign's name, and by her
command, at the commencement 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 those resignations with regret. His relations with his Advisers
during the past year have been harmonious and cordial ;—for many among their number
he entertains 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.
His Excellency may be in error, but
he believes that vast change has already taken place in the opinions held on this
subject in New Brunswick. 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 ; and in any event, 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. To
their verdict His Excellency is ready and willing to appeal.
The Council also express dissatisfaction at His Excellency's personal onduct in regard
to his relations with them.
That is a matter of infinitely less importance to the public, and will be very
shortly dealt with by His Excellency, although as His Excellency has met at all times
with the utmost courtesy and consideration from the Members of his Government, it
would be a source of sincere regret to him to believe that he was justly liable to
any imputation of such a nature.
That a leading member of the Opposition was more than once communicated with by His
Excellency, is perfectly true. This communication was made with Mr. Smith's full knowledge,
and in the believe on His Excellency's part, that it would facilitate Mr. Smith's
accom plishment of the end in view. The gentleman in question met Mr. Smith at Government
House on the 5th of Match, and His Excellency believes that a very protracted interview
subsequently took place between them ; nor was it until a very late period that His
Excellency relinquished the hope of seeing a combination effected to smooth the passage
of the contemplated Resolutions.
His Excellency things it right also to state, that his reply was prepared by himself
alone, and that his 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 obligated 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 essential, and it was His Excellency's full intention to have afforded the Council
ample opportunity for the consideration of his Reply, an intention which he much regrets
that accident should have frustrated.
126 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.
The Committee of the Legislative
Council did not wait on His Excellency till after 12 o'clock, and until that Address
was before him he could not officially communicate with the Council on the subject
of his Reply to it.
Immediately on its reception he sent for
Mr. Smith, intending to put the draft Reply 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 Excellen
cy's intentions in this respect were consequently failed.
So strong was His Excellency's wish
that the contents of his Reply should be known to the Council before its delivery
that when, during their last 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 no 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, 12th April 1866
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