DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 41 
            
            
            
            
            
            
            
            
            
            
            
               FRIDAY, June, 29th. 
               
               
               
            
            
            DELEGATION ON UNION. 
               
            
            
            
            
               Mr. BOTSFORD resumed—When 
               
               the debate was adjourned yesterday I 
               
               was replying to the charges, and asking 
               
               explanations with regard to the statements of the Hon. Provincial Secretary, 
               
               and the hon. member for Charlotte, (Mr. 
               
               Stevens,) and notwithstanding the Attorney General does not see what this 
               
               has to do with the subject before the 
               
               House, I shall go into this matter, conceiving as I do that as a member of the 
               
               late Government I should be wanting in 
               
               the duty I owe myself and my late colleagues, if, after the remarks of the hon. 
               member from Charlotte I did not go into 
               an explanation of the whole matter. I 
               was speaking, Sir, on the differences 
               which occurred in the answers of the Legislative Council in their memorandum 
               of resignation ; the Government charged 
               His Excellency with advising with members and persons in the Opposition, and 
               this was not denied. The Governor admits having held consultations with Mr. 
               Mitchell. But, Sir, the time referred to 
               was not the only time. Whilst Mr. 
               Smith, the leader oft he Government was 
               away on a delegation to Washington, we, 
               the other members of the Government, 
               knew that he was in communication with 
               Government House. On the return of 
               Mr. Smith, we informed him of the fact, 
               and in his next interview with His Excellency, he charged it home upon him. 
               We knew what was going on, and His 
               Excellency could not and did not deny the 
               charge. But there is another point he 
               also admits, and that is that he did not  
               consult with his Council on the answer 
               he intended, and did give to the address 
               of the Legislative Council. On the 
               seventh of April, after a night's reflection 
               on the first resolution with regard to the 
               address the Legislative Council withdrew 
               that and substituted the other. This I 
               presume was the time when the Provincial Secretary was consulted by Mr. 
               Mitchell. Then Messrs. Botsford and 
               Chandler were appointed a committee to 
               wait on His Excellency to know when he 
               would receive them with the address, and 
               here occurred a case unparalleled in the 
               history of our Province. Hie reply was 
               that he would receive them in two hours 
               from that time. This was at one o'clock . 
               At twenty minutes to three a note was 
               brought into this House from His Excel
               
               
               
               
               42 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 
               
               
               lency to Mr. Smith informing him that at 
               three o'clock he should receive the Legislative Council with their address. It may
               not be parliamentary language to characterize this as intrigue and treachery, but
               I would ask is it fair, or manly, or honorable ? I do not think such an action likely
               to add much lustre to the heraldic " name" His Excellency prides himself on bearing,
               or to the " courtesy" and " honor" he seems to prize so highly,—" a name which for
               generations has been a guarantee for courtesy and honor of those who bear it"—a guarantee
               in this case worthless so far as regards His Excellency. Mr. Smith proceeded to Government
               House and found the Legislative Council already there, and the Staff of the Garrison
               in waiting now for the answer. To such an address asking that it may be forwarded
               to the foot of the Throne, the answer is that the wish of the petitioners shall be
               complied with. This is the usual, and I may say the only course pursued. But what
               action was taken in this instance ? I think the members of the Legislative Council
               have cause to blush as long as they bear the name of Councillors. The President presented
               the address, and instead of handing it to the Clerk, it was passed back to the President,
               and then His Excellency taking upon himself the functions of Royalty commanded the
               address to be ready to him. An address to Her Majesty the Queen, received, read, accepted
               and replied to in his own name by the Lieutenant Governor of this Province, as though
               he possessed all the powers of Royalty ! Was not this unconstitutional? When we look
               at the haste shown and the means adopted I have no hesitation in saying that His Excellency
               knew when he gave his reply his Council would resign, and that it was intended to
               have that effect. But when charged with giving this reply without the advice and consent
               of his Council, he says it was merely " an accident." An accident ! Mr. Speaker, I'll
               show whether it was an accident or not. I'll show that it was design, for we now know
               that the officers of the 15th Regiment received their orders to be at Government House
               at three o'clock before eleven o'clock in the morning, two hours before the Committee
               of the Legislative Council had waited on His Excellency to know at what hour he would
               receive them with the address. He had without doubt arranged the whole matter, and
               before the appointment of the Committee knew what majority there was to carry any
               motion, and so at 11 o'clock the coaches at the livery stables were employed to carry
               the officers to Government House at three o'clock. It was known that the Government
               had a large majority on the floors of this House, and that they could not gain their
               ends by 
               
               
               
               
               
               legitimate means, and so His Excellency 
               by the advice of the Opposition took this unconstitutional course, ignored his Council
               and by design took the only steps possible to overthrow them. I ask is this " courtesy
               ?" Is this " honor?" But the Provincial Secretary has said that the constituencies
               of this Province have endorsed the action of the Governor, and casts it upon the people
               of Westmorland that they were unenlightened on the subject. Well, Mr. Speaker, he
               lectured through that County, and had an opportunity to enlighten them, but did they
               vote to support the course which had been pursued. 
               
 
            
            
            
            
            
            Mr. BOTSFORD—Did they ? I will call the attention of the Secretary to the Parish of Sackville,
               a place having the benefits of academies and every other means of information ; there
               after a year's deliberation, and after the very able addresses of the Secretary, they
               cast an overwhelming vote in support of the late Government. He also referred to the
               speech of Mr. Chandler in the Upper Branch on the subject of Union. Well, that was
               printed and circulated through the county, but the effect desired was not produced,
               for after a calm, deliberate and dispassionate consideration of the whole matter,
               the County of Westmorelaud have again pronounced against it. I will now come to the
               Resolutions submitted by the Attorney General, and the Amendment offered by my colleague.
               It is proposed to send delegates to England to co operate with delegates from other
               Provinces in the formation of a plan of union based on the Quebec Scheme. Now I do
               not believe there is a constituency in this Province but would condemn the Quebec
               Scheme. Why the hon. Provincial Secretary, who always openly, fairy and conscientiously
               supported that Scheme, believing it to be the best that could be got, acknowledged
               that his people wanted some alterations, and though there may be many in the country
               who would take that Scheme with certain modifications, the majority of the people
               are opposed to it. We are asked to appoint delegates, and who are they to be ? Well
               I presume the Secretary will be one, the Attorney General will be the second, there
               is the President of the Council three, and if they make the delegation larger, there
               is the hon. member from Northumberland (Mr. Johnson) four, and if more are sent, there
               is yourself, sir, who probably as the Speaker and Head of this House, will be included.
               This will make five. Five leading men who assisted in framing that Scheme, and have
               given their best attention to the consideration and promulgation of its provisions,
               ans who believe it is the best that can be had ; and we are 
               
               
               
               
               
               asked to delegate to these men unlimited powers, and yet hon. members seem to 
               
               imagine that we shall get modifications 
               
               and improvements on the Quebec 
               
               Scheme ; why it is folly to expect anything of the kind. And suppose they 
               
               do attempt to gain some alterations, the 
               
               Canadians will at once say, " you have 
               
               pronounced this Scheme the very best that 
               
               can be had," and what more do you want. 
               
               Why even you, sir, if you go, will, methinks, say : " I'll take that, if I can't get
               
               
               anything better." I do not think the 
               
               Union of these Provinces should be consummated on the principles of a Scheme 
               
               which has been condemned by the people 
               
               of this Province, and is condemned today. I think no delegation should be 
               
               appointed unless the Government will 
               
               say that modifications shall be made. 
               
               Hon. members had better beware, for as 
               
               sure as unlimited powers are given to the 
               
               delegates, they will give us the Quebec 
               
               Scheme and nothing more. I will now 
               
               refer to a few of the provisions of the 
               
               Scheme which to my mind are very objectionable. The first ingredient is representation
               by population, a principle 
               
               which I believe will be ruinous to this 
               
               Province. It is clear to all who read 
               
               that Upper Canada increases in population faster, and will do so in a yet greater
               
               
               ratio, than Lower Canada or these Lower 
               
               Provinces, and the result of this will be 
               
               that in a few years they will have the 
               
               predominant power in the Lower Branch 
               
               of the Legislature, and yet there is not 
               
               one solitary check to counteract the influence they will yield. Upper Canada 
               
               will have the power to control the expenditure of the public money, and as the 
               
               result, she will dole out a pittance to us, 
               
               with a shew of justice it may be, but in 
               
               reality with none, all her desire being to 
               
               secure her own interests. I look in vain 
               
               through this Scheme for restrictions 
               
               to this principle. But we are told 
               
               that we shall have a larger number 
               
               of representatives in the Upper Branch, 
               
               in proportion, than Upper Canada. 
               
               But why should the principle  of representation by population be thrust upon 
               
               us? Where did they get the idea ? 
               
               Not from England certainly, for although the population of London is 
               
               much greater than any other city this 
               
               principle is not adopted. There the representation is founded on certain interests.
               No, they have taken it from 
               
               the United States, but they have left us 
               
               with no corresponding and controlling 
               power in the Upper Branch. I ask the Attorney General where he can point to, or lay
               his finger on a Constitution like this? There is nothing like it in the heavens above
               or in the earth beneath, or in the waters under the earth. No, Mr. Speaker, it is
               a mongrel Constitution, whose provisions are disastrous to 
               
               
               
               
               
               DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 43 
               
               
               the best interests of this country. There 
               
               is to be also a Court of Appeal, and 
               
               there is nobody, Mr. Speaker, that I 
               
               should like to see at the head of that 
               
               body better than yourself. History 
               
               shows us that great difficulties always 
               
               arise from the dividing of the people 
               
               into distinctive classes, and this has 
               
               been clearly illustrated in Upper and 
               Lower Canada. These distinctions of 
               race and language are, I see, to be 
               perpetuated. Now, in this House the 
               other day, a Bill came up which was 
               local in its nature, affecting no existing 
               law, but merely asking that the French 
               population of a certain parish should 
               assess themselves for the support of 
               their own poor, and be relieved from 
               the regular parish poor rates, and that 
               Bill was thrown out on the ground of 
               class legislation. Yet here, in this 
               Scheme, they have determined to perpetuate the very thing they so much 
               oppose amongst ourselves. And not 
               only is the difference of race to be perpetuated, but they provide also for the 
               continuance of two languages in the 
               Federal Government and Federal 
               Courts. I believe they should have 
               decided that the language of the country 
               should be either one or the other, and 
               when you, sir, as one of the Judges of 
               the Court of Appeal, shall be called 
               on to decide on some difficulties which 
               may arise, say between the Government 
               and some of the contractors on the 
               Inter-Colonial line, you will be addressed by some of the lawyers in the polite 
               language of France, whilst others will 
               quote authorities in English. You, sir, 
               may be qualified for such a position, 
               but there are very few in these Provinces  
               that are. Instead of these differences of race and language being abolished or confined
               to the places  where they have previously existed, we 
               find that this class distinction is to be 
               propagated and engrafted upon Provinces where it has never been before. 
               This has been the cause of the trouble 
               between Upper and Lower Canada, and 
               serious difficulties must arise from it 
               here. There is another point. Some 
               hon. members have admitted that we 
               cannot have a Union without the Inter- 
               Colonial Railway. Great anxiety has 
               been expressed on this subject, and we 
               have a message from His Excellency 
               showing that despatches have passed 
               on the question ; although it is put in 
               the Scheme, there seems to have been 
               a doubt about it. Now, say some, it 
               will be made secure by being put in as 
               a clause in the Imperial Act. But what 
               of that ? Is it not a question for the 
               Federal Government to decide ? And 
               if they don't choose where is our 
               remedy ? I believe the only way to secure it is to have a provision in the 
               
               
               
               
               
               
               Scheme, that if the railway is not built, 
               
               the Union shall cease. But even then 
               
               it will be too late, for we shall have 
               
               given up to Canada everything we 
               
               possess, and all will be chaos ; and 
               
               besides I do not think it will be a power 
               
               that England would permit. The delegates may agree to put it in the Act, 
               
               but, after all, it will amount to nothing. 
               
               In the debate in Canada it was said we 
               
               should have the power to make treaties 
               
               and to alter the Constitution, but there 
               
               is no provision for that in the Scheme. 
               
               The interests of Upper Canada are not 
               
               lfavorable to the Inter-Colonial Railroad. 
               
               They have a road now running down to 
               
               Portland, and if the Federal Government find they have not the funds, the 
               
               road will not be built, and then to 
               
               whom can we appeal? To England? 
               
               She will refer it back for the decision of 
               
               the General Government. What does 
               
               the Governor say in a despatch in 
               
               writing to Mr. Cardwell on the 27th of 
               
               February, 1865 :   
               
               
 
            
            
            
            
               
               
               
                  The Lieutenant Governor to the Secretary of State for the Colonies.  
                  
                  
                  
               
               
               FREDERICTON, 27th February, 1865. 
                  
                  
               
               
               
               
                  SIR,—A discusssion has lately taken 
                  
                  place in this Province with respect to one 
                  
                  of the. conditions of the Federal Union 
                  
                  of British North America, which has excited much interest, and with respect to 
                  
                  which it appears to me desirable that I 
                  
                  should be placed in possession of the 
                  
                  views of he Government. 
                  
                  
               
               
               
               
                  The Resolutions agreed to at Quebec, 
                  
                  and which are to form the basis of the 
                  
                  proposed Federal Union of the British 
                  
                  American Provinces, have reference to a 
                  
                  great variety of subjects of very different degrees of importance. With some 
                  
                  of these matters the Local Legislatures 
                  
                  are already fully competent to deal,  
                  whilst others are of a character which 
                  removes them beyond their cognizance. 
                  
                  
               
               
               
               
                  It was my belief that the aid of the 
                  
                  Imperial Parliament would be sought only to give effect to those general provisions
                  of a constitutional nature which 
                  could not be brought into operation by 
                  the existing Local Assemblies ; that it 
                  would be called upon to enact the Federative Union, and to define the limits of 
                  the authority of the Central and Local 
                  Governments and Legislatures, but that 
                  the arrangement of matters of purely or 
                  mainly local interest would be left to the 
                  Federal Legislature, or to those of the 
                  seperate Provinces, as it may fairly be 
                  presumed that these bodies would faithfully carry into execution the conditions 
                  upon which their Union had itself been 
                  based.   
                  
                  
               
               
               
               
               
               
                  I find, however, that a very general impression prevails that the construction of
                  
                  
                  the Intercolonial Railroad from Riviere du 
                  
                  Loup to Truro, is to be provided for by a 
                  
                  clause in the Imperial Act giving effect to 
                  
                  the proposed Federal Union. 
                  
                  
               
               
               
               
                  I do not myself consider it probable 
                  
                  that Her Majesty's Government will make 
                  
                  such a suggestion to the Imperial Parliament, for I cannot but conceive that 
                  
                  such a proposal would appear to Her Majesty's Government to be either unnecessary
                  or unjust ; unnecessary if (as we 
                  
                  must conclude will be the case should no 
                  
                  
                  
                  
                  
                  
                  unforseen and insuperable obstacles 
                  arise,) the new Federal Legislature votes 
                  the construction of a work, the immediate 
                  commencement of which forms one of 
                  the conditions of the agreement to which 
                  they owe their existence ; unjust, if it 
                  were to have the effect of forcing on the 
                  people of British America the execution 
                  of a work which their Representatives in 
                  Parliament may consider it inexpedient to 
                  undertake.  
                  
                  
               
               
               
               
               
               
                  Nor does it appear to me very likely 
                  
                  that the British Parliament would enact 
                  
                  a law involving a very large  expenditure of money not collected under  its 
                  
                  own authority, a law moreover which 
                  
                  it would be impossible to enforce, as no 
                  
                  penalty could be inflicted after the passage of the Act, in the event of the 
                  
                  subsequent neglect of its provisions by 
                  
                  the Federal Government and Legislature. 
                  
                  
               
               
               
               
                  Neither do I imagine that, the question being one which primarily concerns 
                  
                  the people of British North America, 
                  
                  the British Parliament would consent to 
                  
                  fetter the discretion of their representatives in dealing with it as they may consider
                  most conducive to the advantage 
                  
                  of the United Provinces more especially 
                  
                  when it is remembered that the subject 
                  
                  is one which the local Legislatures are 
                  
                  already, even under the existing state 
                  
                  of things, fully competent to consider. 
                  
                  
               
               
               
               
                  Still less do I think it probable, even 
                  
                  were a clause of a general character, 
                  
                  enacting the completion of this great 
                  
                  work, to be incorporated in an Act of 
                  
                  the Imperial Parliament, that Her Majesty's Government would consent to 
                  
                  introduce into the Bill, or that Parliament would consent to sanction, all 
                  
                  those details which would be required 
                  
                  to render such a clause effective ; for, 
                  
                  unless the route, the mode of construction, the minimum sum to be annually 
                  
                  devoted to the work, and the time at 
                  
                  which it is to be completed, are all 
                  
                  prescribed, the scheme may be subject 
                  
                  to ultimate defeat by the rejection of one 
                  
                  of these points by the Federal  Parliament ; whilst the assumption of those 
                  
                  who believe that a clause concerning the 
                  
                  Railway will form part of the Imperial 
                  
                  Act is that the completion of the work 
                  
                  is to be so secured as to remove all 
                  
                  liability of its being affected by any subsequent action on the part of the Federal
                  
                  
                  or Local Governments and Assemblies. 
                  
                  
               
               
               
               
                  I confess, therefore, that I am unable 
                  
                  altogether to share the confident belief 
                  
                  of my Council, that this work—(of the  
                  
                  importance of which I need not say I 
                  
                  am very fully sensible)—will be undertaken under the direct authority of the 
                  
                  Imperial Parliament. 
                  
                  
               
               
               
               
                  At the same time it is possible that I 
                  
                  may be mistaken as to the views and 
                  
                  intentions of the Government, and I 
                  
                  therefore respectfully request to be instructed as to the course which I am to 
                  
                  pursue, in the event of my being urged 
                  
                  to state in my Speech from the Throne 
                  
                  on the opening of the Provincial Legislature, that such a provision will undoubtedly
                  form part of the Act of Union, 
                  
                  or be embodied by the Imperial Parliament in a separate Act. 
                  
                  
               
               
               Such a declaration, if it were afterwards proved by facts to be erroneous, would,
                  I need not say, excite very general and not ill-founded irritation. 
                  
               
               
                J. A. Macdonald, a leading member of the Canadian Government, is reported to have
                  lately used, what appears to me very sensible language in connection with 
                  
                  
                  
                  
                  44 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.
                  
                  
                  this subject, to the effect that the construction of the Railway was certainly not
                  part of the Constitution,—(a proposition which is self-evident)—and that consequently,
                  with many other details agreed to by the Conference, it would not be embodied in the
                  Imperial Act, but that it was one of the conditions on which the Union was based,
                  and must therefore be carried into effect at the earliest possible period by the Legislature
                  of the Federated Provinces. I am, however, informed that Mr. Macdonald has subsequently
                  stated that the provisions for the construction of the Railroad will form part of
                  the Imperial Act. 
                  
               
               
               As the Legislature of this Province will meet probably in the first week of April,
                  it is highly important that I should be enabled by that time to reply distinctly to
                  the queries which may be put to me by my advisers and by the Legislature, whether,
                  in the event of the Federation of the British American Provinces being accomplished,
                  Her Majesty's Government will be prepared to submit to the Imperial Parliament, either
                  as a clause of the Constitutional Acct, as a separate Bill, provisions to secure the
                  completion of the Inter-colonial Railway from Riviere du Loup to Truro within a definite
                  time, and framed in such a manner as to preclude the possibility of any subsequent
                  action in a contrary sense on the part of the Federal Government and Legislature.
               
               
               
               I have, &c.
               
               
               
               (Signed) ARTHUR H. GORDON. 
                  
                
            
            
            
            
            The Governor anticipated the difficulties that would arise, and therefore puts these
               questions to the British Government, and what was their reply ? 
               
            
            
            
            
               
               
               The Secretary of State for the Colonies to the Lieutenant Governor. 
                  
               
               
               DOWNING STREET, 18th March 1866.
               
               
               
               Sir,—I have the honor to acknowledge the receipt of your Despatch of the 27th February,
                  in which you request instructions whether provisions will be made for the completion
                  of the Inter-colonial Railway in the Act of Union, or be embodied by the Imperial
                  Parliament in a separate Act. In reply, I have to acquaint you that Her Majesty's
                  Government have expressed their cordial approval of the proceedings of the Conference
                  at Quebec, and have engaged that if, as they hope, the Provincial Legislatures sanction
                  the scheme of the Conference, they, on their part, will submit to the Imperial Parliament
                  the measures which may be necessary for carrying that scheme into effect. 
                  
               
               
               Of the Resolutions adopted by the Conference, the 68th provides that the General Government
                  shall secure without delay the completion of the Inter-Colonial Railway. Her Majesty's
                  Government have understood that Resolution, with reference to the Correspondence which
                  had previously passed with the Governments of the several Provinces ; while, therefore,
                  they have entered into no new stipulations on the subject, they have by no means excepted
                  the 68th Resolution from the general approval which they have expressed of the entire
                  scheme, or from the engagement respecting it to which I have referred. 
                  
               
               
               What steps it may be proper hereafter for Her Majesty's Government to take in pursuance
                  of this engagement, cannot be stated positively, until it shall be known 
                  
                  
                  
                  
                  what course has been taken by the Provincial Legislatures, and until Her Majesty's
                  Government shall have received the communications which they hope to receive from
                  persons deputed by the Governor General to give to Her Majesty's Government the benefit
                  of their counsel upon the various measures necessary for carrying the Resolutions
                  of the Conference into effect.
               
               
               
               I have, &c.
               
               
               
               (Signed) EDWARD CARDWELL. 
                  
                
            
            
            
            
            Here we are distinctly informed this whole question depends on the correspondence
               between the Governments- They agree to advance three millions of dollars, taking security
               on the country, but does any one believe that three millions is going to build the
               road ? Why five or six millions won't do it, and we can't expect the British Government
               to advance that amount. This is a serious question. If you give unlimited powers to
               the enlightened minds who framed the Quebec Scheme, what can be expected to be the
               result ? When it is found that Great Britain won't advance the money required, where
               is it to come from ? I believe we shall not get the Railway at all, and even though
               I may be mistaken, have the hon. members from St. John considered the route which
               it is almost certain has been already agreed on. It is a foregone conclusion that
               Great Britain will not permit it to be located near the American frontier. Have they
               reflected that if they vote for these Resolutions they vote to carry the Intercolonial
               Railway up by the North Shore ? And what will be the result of Union on the County
               of York ? Where will then be the Provincial Buildings ? Where the Post Office, where
               the other public offices ? Where will the Courts then hold their sittings ? In Fredericton
               ? No, but all will be removed to St. John. It is to the interest of that city, and
               also to the Eastern section of the country, that it should be so. There is no more
               doubt of all this than that the river out there flows down to Saint John. The consummation
               of Union will be the death knell to the County of York. Do they think they will have
               a soldier here then ? No, for we shall undertake our military and naval affairs, for
               only in times of danger and actual war will Great Britain then keep her troops in
               this country. We already learn that the head quarters of the military is removed to
               Saint John. The regiment now here will spend about ÂŁ70,000 this year, and York will
               have to give it up. With these observations which I have offered with no desire to
               raise a factious opposition, but because my property and interest are in the country
               like other hon. members, I shall vote for the Amendment and oppose the Resolution.
               
               
            
            
            
            Mr. CHANDLER said this question had been so fully discussed that it would be a repetition to go
               over it all again. It was a lamentable fact that many of our young men who would be
               an ornament to any country were moving away and becoming absorbed in the neighboring
               Republic. Every steamer that left Saint John was draining the country. This was what
               he would call practical annexation. But what inducements were there to remain ? None
               whatever. Why, look at Maine, immediately on our border. There was Mr. Pike could
               go to Rio Janiero and make his fortune, Mr. Pitt Fessenden could become Financial
               Secretary of the Union. These men had no superior abilities to the young men in our
               Province, but they had the field and the higher position to which to aspire. But what,
               he would again ask, were the inducements offered here why they should remain ? 
               
 
            
            
            
            
            
            Mr. CHANDLER—That might be an inducement to the hon. member for Westmorland, but there must be
               something more than pretty girls. They must be provided for, and there were no offices
               save that of Provincial Secretary or Attorney General and a few others to which a
               young man could aspire, and they generally cost a man more than they were worth to
               attain them. How was this to be obviated ? By combining the resources and interests
               of all these Provinces in one great Confederation. This he believed to be the hope
               and salvation of this Province. The Intercolonial Railroad, which would be provided
               for—there was no mistake about that—would open up a large tract of country, inviting
               settlers, whilst it becomes itself a source of profit to this Province. He should
               very well have liked to have had the various terms of Union discussed point by point,
               but the explanations made by the Secretary were sufficient to prevent this, and he
               felt satisfied that the delegates would act with a full desire to secure the best
               terms possible. He would say a word or two about this road. It would cost some millions
               to construct it, and those who are engaged on it, contractors and workmen, must live,
               a trade will spring up in fish and agricultural produce to supply their wants, and
               many new settlers will come into the country. All this will be of great benefit. He
               was speaking yesterday to a gentleman from Upper Canada, who told him that in that
               country they raise large quantities of grain, but the streams are shallow and in the
               summer they dry up, and consequently are wanting in water power to grind their grain,
               but in Union much of the wheat grinding will be done in this Province. With regard
               to the 
               
               
               
               
               DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 45 
               
               
               
               Court of Appeal, he thought it was almost time we had one. There was a 
               
               case in Charlotte County of the Saint 
               
               Andrews Railway and the New Brunswick 
               
               and Canada Land Company. They got 
               
               into some difficulty, and there was an 
               
               appeal to the Courts in England. First 
               
               there was a 300 guinea fee to one legal gentleman and a 300 guinea fee to 
               another, and another, that it made it rather 
               an expensive affair to the St. Andrews 
               Railway Company. If we had a Court 
               of Appeal here, these cases would be 
               brought before them, and our lawyers 
               would be able to plead in them. But 
               we cannot plead in any Court in England escept the Court of the Judicial 
               Committee of the Privy Council. From 
               these and other causes he was opposed to 
               the passage of the Amendment. He believed that the matter should be pushed 
               on with all haste consistent with the interests of the people. The hon. ex-Attorney
               General was opposed to the Quebec Scheme, but he had seen nothing in 
               the objections he had raised. One of the 
               great bugbears had been that Mr. Tilley 
               was going to be Governor. With regard to that he did not see that that 
               was very objectionable, keeping in mind 
               the old Latin 
maxim— 
               
               
 
            
            
            
            
            
               
               
               
                  " A crown to he that deserves it." 
                  
                  
                  
                  
                  
                  
                  
                  
                
            
            
            
            
            The hon. member from Westmorland 
               seemed to have no adequate idea of the 
               dangers by which the people on the 
               border had been menaced. Living away 
               from the scene of danger he could  form 
               no just conception of the anxiety felt by 
               the people there. If he had been an eye0 
               witness of the appearance sad evident 
               designs of the Fenian scouudrels, he 
               would not speak so lightly of the matter 
               as he had done. He (Mr. Chandler) had 
               seen them in their midst with faces 
               scarred, eyes too large for their sockets, 
               distilling tears, with low receding foreheads and looking the foul-fiends they 
               were. He 'had seen them landing with 
               six shot, breach loading Spencer Rifles 
               in one hand, and sixteen shot Revolvers 
               in the other. They had an immense 
               quantities of ammunition in Eastport, and 
               had it not been for the timely arrival of 
               the gallant 17th Regiment, and the ships 
               of War, he had no doubt they would have 
               made a descent upon the people that very 
               night. The feeling of anxiety was now 
               somewhat dispelled, but it became this 
               Province to unite with the other Provinces 
               for defence against any power that might 
               attempt to invade our shores. He would 
               not go further into the subject but content 
               himself with voting fur the Resolution, 
               believing that the delegates who were 
               sent home would agree to only such terms 
               as would be for the honor and happiness 
               of the people of this Province.   
               
               
            
            
            
            
            
            
            
            
            
            
               Mr. W. P. FLEWELLING did not 
               
               intend  make a long speech. The re
               
               
               
               
               
               marks from the hon. member for Westmorland (Mr. Botsford) called for a reply. 
               
               That hon. member had said that none of 
               
               the constituencies of this Province were 
               
               in favor of the Quebec Scheme, and that 
               
               the measure should be submitted to the 
               
               people on the return of the delegates from 
               
               London. He thought so far as King's 
               
               County was concerned, the people were 
               
               perfectly satisfied not to wait for the 
               
               Scheme to be submitted to them again 
               
               before it should be consummated. They 
               
               had confidence in the Government, and 
               
               those delegates who may be appointed to 
               
               make such alterations in the Quebec 
               
               Scheme as are needed. No other Scheme 
               
               had ever been before the people and on 
               
               that basis they had returned by large 
               
               majorities the Confederate members. 
               
               The hon. member for Westmorland had 
               
               also said that he did not believe that 
               
               Canada would advance the money to build 
               
               the Inter-colonial Railroad, but he believed that Canada was assured that the 
               
               road would be a great benefit to that Provinces and that they would use therefore
               
               
               every means in their power to secure its 
               
               being built. He should support the Resolution.  
               
               
 
            
            
            
            
               Mr. McQUEEN did not intend to enter 
               
               into a lengthy speech on this question, 
               
               but as hon. members seemed to be desirous to have their ideas go the country, he should
               like his name to appear 
               
               as having spoken upon it. It had been 
               
               hinted that the people of Westmorland 
               
               were not very intelligent, and if so they 
               
               could not be expected to send a very intelligent representative, but they had 
               
               empowered him to speak their views, 
               
               and that was that if delegates were sent 
               
               home to mature a plan of Union, they 
               
               should he restricted in their powers, for 
               
               if this were not done, as probably all 
               
               who go on the delegation will be in favor 
               
               of the Quebec Scheme, and the British 
               
               Government, are also in favor of it, we 
               
               should not be likely to get any other. 
               
               He supposed the "true interests" spoken 
               of in the Resolution was to be taken in 
               the same sense as the pledges made in 
               Canada were understood with regard to 
               the improvements provided there, viz : 
               that they might be qualified to suit 
               the different parties interested. The 
               question had been so ably treated on by 
               other hon. members, that it was only 
               necessary for him to say that he should 
               oppose the Resolution and support the 
               Amendment. 
               
               
 
            
            
            
            
            
            
               Mr. RYAN was in favor of the Quebec. 
               
               Scheme, and believed we never should 
               
               get a better,   because we had the best of 
               
               the bargain now. At any rate he believed the delegates who would be entrusted with
               the interests ot New Brunswick would do the best they could. When 
               
               the Quebec Scheme was first brought 
               
               before the notice of the people they opposed it, because they did not understand 
               
               its provisions.  The enemies of the mea
               
               
               
               
               
               sure went about the country disseminating falsehoods, and as the people had 
               
               little or no information as to the nature 
               
               of the Scheme, they believed what was 
               
               told them. These men would buttonhole one man, and tell him how dreadfully we were
               going to be taxed, and to 
               
               another they would tell another story. 
               
               They managed to feel a man's pulse before they decided on what ground to 
               mislead him, and so the people thinking it is the best and safest plan, opposed the
               measure. The result was, the opponents of Union obtained a large majority. But 
               when  the people had time for reflection, 
               when they looked into the matter and 
               became informed, they rose in their 
               might and hurled their deceivers to the 
               ground. One of the cries of the opponents of the Quebec Scheme was the cost 
               of maintaining the militia, and directly 
               they came into power they passed that 
               very meritorious Militia Law, providing 
               for a Camp of Instruction. And after 
               all it was only the scraps of Mr. Tilley's Bill. The hon. member for Westmorland (Mr.
               Botsford) said that the framers of the Scheme thought there could be nothing like
               it, and then he declared 
               himself that there was nothing like it in 
               the heavens above. on the  earth beneath, 
               or in the waters under the  earth. Well, 
               if that was the case, he did not see why 
               they should not worship it. There 
               could not certainly be anything wrong 
               in that. Then the hon. ex-Attorney 
               General did not like for us to buy up 
               Newfoundland for $150.000 a year, because they had nothing but rats or something of
               that kind there, and yet he said 
               they would not come into the Union 
               even then. The other hon. member (Mr. 
               Botsford) had said that the people of 
               New Brunswick were in favor of Union, 
               but wanted modifications in the Quebec 
               Scheme, so that if modifications were 
               made the great majorities the Government party had been returned 
               by would be greatly increased. He had 
               no doubt about the Inter-colonial Railroad—he believed we should have that 
               or nothing. With regard to the route he 
               knew it would be a great benefit no matter where it was located, of course he had
               his wishes ; he would like it to go by 
               the central route. But whatever route 
               might be chosen it must greatly benefit 
               St. John, and what benefitted St. John 
               would be good for all the Province. But 
               it had been raised as an objection that we 
               did not know the route. As far as that 
               went he thought it hardly worth while locating the line at a great expense before
               we 
               saw whether we were going to be united or 
               not. Again it was said " we don't know 
               that it is going to pay." Neither did a 
               man know if it was going to pay when he 
               planted a hill of potatoes, but be planted 
               for all that, and hopefully looked for the 
               result. He should oppose the amendment, and vote for the Resolution. 
               
               
 
            
            
            
            
               Mr. LEWIS was one of the noble band 
               
               
               
               
               
               
               46 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866.    
               
               
               of twelve who were returned to support a 
               
               measure of Union at the former election, 
               
               and who had manfully fought, shoulder to 
               
               shoulder the opponents of Union on the 
               
               floors of the late House, and who having 
               
               returned to the people had again been returned by large  majorities, and the 
               
               Province must now see the wisdom 
               
               of those Counties who returned  Confederates a. the first election. With 
               
               regard to the new measure, he believed 
               
               if we could get a better Scheme than 
               
               that which had been before the people, 
               
               nobody would object to it, but if no better can be had, the Quebec. Scheme is 
               
               far better than none. The country was 
               
               now quite conversant with the merits of 
               the Scheme, and, therefore, he would not go into it. He should support the Resolution.
               
               
 
            
            
            Mr. YOUNG knowing, as he did, that the people had pronounced in favor of Union, was ready to
               go for the Resolutions with certain restrictions. First, he would not go for the Quebec
               Scheme ; second, he would take the delegates from both side of the House, and third,
               he would submit the Scheme when matured to the people. He did not think this too much
               to ask. He thought the delegates should not be clothed with power to change the Constitution
               of the Country without submitting the question again to the people for their approval.
               The people had returned thirty-three men to support Confederation, but not to support
               the Quebec Scheme, and they should know the terms that are to be agreed upon, or at
               least that it should come back to the House. The Attorney General had said no railway,
               no Union ; but he would ask how was it to be secured ? Could it be put in the Constitution
               ? No, all that we could do was to rely on the faith of Canada was we did in 1862,
               and we all knew how that fell through. He thought it best to have the road built first
               and let the Union come after. Then the Attorney General had said that the United States
               had spent their blood and treature to maintain their Union. Yes, but that was a Union
               worth maintaining, but it was a Union very different from the Quebec Scheme. If there
               was the same representation in the House of Lords, as it is called, as is the Senate
               it would be very different. The Provincial Secretary had said that no money would
               be wanted for the improvement of the rivers and lakes of Canada, but he (Mr. Young)
               had seen dredging machines at work on Lake St. Peters, between Montreal and Quebec,
               and opposite Montreal they were constantly in use. There was as much improvement needed
               on the Saint Lawrence as on the St. John. He believed that the Government should have
               submitted the terms upon which they expected to obtain Union. In Canada it 
               
               
               
               
               
               had been discussed section by section, 
               
               and why not here? He would ask if 
               
               ever before men went out of a country 
               
               empowered to change the Constitution ? 
               
               No, never. Throughout the debate thus far 
               
               no new ground had been broken. He 
               
               deprecated the manner in which the Government got into power, but that matter 
               
               was not before the  House, but for the 
               
               reasons he had stated he should vote 
               
               against the Resolution.  
               
               
 
            
            
            
            
            
            
               Mr. LINDSAY did not at first intend 
               to speak on this question, but so many had expressed their views and opinions that
               he should also say a few words. It had been said that the present 
Government got into power by the unconstitutional action of the Governor. But if the late Government
               had acted in a fair and constitutional manner they should have resigned their seats
               when His Excellency refused to accept Mr. Wilmot's resignation unless they would agree
               to introduce a measure for Union. His Excellency went to Canada in the interest of
               the Government, and the ex-President went to Washington, and Mr. Wilmot's resignation
               could not be accepted till his return, but when the President got home Mr. Wilmot
               was allowed to retire, be_ cause the Anti Government were willing to go for Union.
               Some hon. members wanted the Scheme, when matured, to be sent back to the people.
               Well the question had been sent to the people, but hon. members did not seem satisfied,
               nor would they ever be. The hon. member from Gloucester (Mr. Young) wanted the delegates
               to be selected half the number from his party. That would be quite an idea to send
               men to consummate a Union of these Provinces who were opposed to it. The ex-Attorney
               General had referred to the stand taken by the Hon. Joseph Howe, but he read an extract
               from a speech made by that gentleman in 1865 to show that he had always been in favor
               of Union till within the past few months. He believed the chief cause of his opposition
               was because he did not happen to be in the Government which would have the honor of
               bringing it about. The hon. ex-Attorney General was also anxious to have the measure
               laid before the House. The best plan would be for him to go to England with Mr. Howe
               ; he had been there before on delegations, and the last time he went when the Government
               had in their possession a despatch which rendered the delegation needless. That despatch,
               it seems by accident, got laid aside. This might be called a Government accident.
               He had also said that there were no Fenians to cause the troubles we had on our borders.
               It was all very well for him to make light of the affair when he lived away back from
               the borders where the Fenians would have to pass over the bo
               
               
               
               
               
               dies of thousands to get at him. He believed that it was from expressions such 
               
               as were made by members on the floors 
               
               of the house at its last Session that gave 
               
               the Fenians the idea that they could easily overcome us. It was said that if the 
               
               British Government attempted to force 
               
               us into Confederation there would be 
               
               blood shed, and the people over the border thought that it would not be hard to  
               
               work up a strong feeling here against 
               
               England, and so would have taken us and 
               
               made us a part of the Irish Republic, but 
               
               how long would that have lasted ? Just 
               
               long enough to hand us over to the United States. But he thought we had pretty 
               
               well shown them that we did not want to 
               
               change our nationality The Resolution 
               
               before the House was just in accordance 
               
               with the Speech at the opening of the 
               
               Session. Mr. Lindsay read some statistics to  shew that if they were appointed 
               
               according to population, the Maritime 
               
               Provinces would have to send home 
               
               twenty.  He had been in Canada, and he 
               
               would say that he never knew any 
               
               one go there and return who were not 
               
               ashamed of being opposed to Union. He 
               
               did not believe in keeping the matter in 
               
               abeyance, but. thought it should be carried through as speedily at possible; As 
               
               thirty-eight  per cent. of all the shipping 
               
               of British North America was built in 
               
               this Province, he thought we should be 
               
               likely to get a pretty good share of the 
               
               carrying trade. It had been stated that 
               
               we should be sold to Canada at eighty 
               
               cents a head, but he did not see that, any 
               
               more than Canada would be sold to us. 
               
               Our revenues are paltry and insignificant 
               
               compared with those of Canada, for where 
               
               we put into the General Treasury one 
               dollar she puts in twenty. So far as he 
               was concerned, he told his people on the 
               hustings that he should go for the Quebec 
               Scheme if we could not get a better. The 
               Antis in Canada opposed Union because 
               they said we had the best of it, and that 
               we ought not to get the $63,000 for ten 
               years. He would not go any furtherer into 
               the question, but should vote for the Resolution and against the Amendment, 
               which was only a patch to it. 
               
               
 
            
            
            
            
            
            
               Mr. CAIE had listened to the speeches 
               
               of hon. members, and though some had 
               
               wandered far from the subject before the 
               
               House, he had yet gleaned enough to 
               
               satisfy him that all who are in favor of 
               the Quebec Scheme should vote for 
               the Resolution, and all who were opposed to Confederation, all who had the 
               slightest objection to any of its provisions, and all who desired modifications to
               be made, should vote against it. Who were to be the delegates ? Those men who formed
               the Convention at Quebec, and who would even take a worse than the Quevec Scheme to
               pay themselves with some fat office for all the lavor they performed in supporting
               the plan of 
               
               
               
               
               
               DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 47 
               
               
               Union. He thought very highly of the 
               
               Government of Great Britain, but did 
               
               not consider them qualified to. sit as arbiters on the destinies of this Province,
               
               
               or to act in reference to the matter at all, 
               
               as they had already spoken in favor of 
               
               a Scheme which was refused by the 
               
               people of New Brunswick. And the reason why they were in favor of the Quebec 
               
               Scheme, was because many of their 
               
               members and friends are interested in 
               
               the canals and other public works of 
               
               Canada, who  had spent millions and tens 
               
               of millions in their improvements. If 
               
               left to these parties to decide, we should 
               
               be swamped. But let restrictions be put 
               
               on the delegates, that unless such and 
               
               such concessions are made then no 
               
               Union can take place. With regard to 
               
               the Inter-Colonial Railway, he believed 
               
               it would be built, and that if Confederation had been put aside it would have 
               
               been underway before this. Mr. Caie 
               
               was about to enter on some financial 
               
               statements with regard to our position 
               
               in and out of the Union, but the hour 
               
               having come for separation, he merely 
               
               would say that he should support the 
               
               Amendment. 
               
               
 
            
            
            
            
            
            
               
               
               
               
                  AFTERNOON SESSION. 
                  
                  
               
               
               
               
               Mr. McINERNEY did not rise to offer any hostile opposition to the Government, or to offer any amendment
                  to the Resolutions. He was sent to oppose the passage of a plan of Union based on
                  the Quebec Scheme, or any other that would take away the rights of the people. Our
                  taxes at present were twelve per cent. a head, whilst in Canada they were twenty-five
                  per cent. a head. If we go into Union we should have to assume part of their liabilities,
                  and we should be taxed according to their rate. The amount of taxes raised will be
                  about a million dollars, and our proportion of that, according to our population,
                  would be $21.00, leaving the balance to go into the working expenses of Canada. He
                  might be wrong, but this was as he understood it. The Scheme provided that public
                  works in Canada should be proceeded with when the finances would permit. He would
                  ask when was that ? Why just as soon as they needed it. He was under the impression
                  that about forty million dollars would be asked for the improvement of the lakes and
                  canals of Canada, that five million dollars would go to buy up the Hudson Bay Territories,
                  and about twelve millions of dollars to build the Inter-Colonial Railroad. These sums
                  we would have to assume in proportion to our population. The resolution now before
                  the House he should have to oppose, for knowing the feelings of his people, he could
                  not stand there and vote for the appointment of delegates to go two thousand miles
                  away to prepare a new Scheme of Union, which 
                  
                  
                  
                  
                  
                  we know nothing about, thus abrogating 
                  
                  the rights of the people. It was almost 
                  
                  a folly for him to stand there and raise 
                  
                  his voice when hon. and learned gentlemen had so ably spoken on the question. 
                  
                  The Provincial Secretary had spoken of 
                  
                  the ignorance of the peoplc of Kent and 
                  
                  Westmorland. He said they had not 
                  
                  means for obtaining information. But 
                  
                  the supporters of the Quebec Scheme had 
                  
                  used every means in their power to gain 
                  
                  over the people of these Counties, and as 
                  
                  the representative of the County of Kent, 
                  
                  he was proud to say they had failed—the 
                  
                  people of Kent could not be bought. 
                  
                  Expressions had been made with regard 
                  
                  to Fenianism ; he approached the subject with great delicacy, being an Irishman, and
                  many people seemed to think 
                  
                  that all Irishmen were Fenians. This 
                  
                  he denied. It was a false position to place 
                  
                  them in. When the time of trial came 
                  
                  and war was upon us, if it ever should 
                  
                  come, he, for one, would be found in the 
                  
                  front rank of the battle prepared to meet 
                  
                  the foe, while those who had maligned 
                  
                  him and call him Fenian and traitor were 
                  
                  skulking in the rear. He stood there 
                  
                  the representative of the sixteen thousand men of the County of Kent, men of 
                  
                  intelligence, although he did not profess 
                  
                  to be a fair specimen, and he wished to 
                  
                  ask the Provincial Secretary if in his remarks he referred to the hon. member 
                  from Westmorland and his constituencies or to the supporters of that hon. gentleman
                  in the House. He would ask if it was applied to him. 
                  
 
               
               
               
               
               
               
               
               
               
               
                  Mr. McINERNEY was glad to receive 
                  
                  the answer of the Provincial Secretary, 
                  
                  as his people would expect him to know 
                  
                  exactly to whom it was applied. He 
                  
                  could not amuse the House with high 
                  
                  sounding language like some of the hon. 
                  members. He apologized for occupying 
                  the time, and should vote for the Amendment. 
                  
                  
 
               
               
               
               
               
               
                  Mr. BECKWITH only rose, as so much 
                  
                  had been said, to remove some of the 
                  
                  fallacies put forward by the hon. member 
                  
                  for Westmorland to shew why he could 
                  
                  not vote for the Amendment. That hon. 
                  
                  gentleman possessed a very earnest style 
                  
                  of oratory, so that things which he could 
                  
                  not himself believe—he (Mr. Beckwith) 
                  
                  gave him credit for better sense—was 
                  
                  likely to make an impression on superficial observers. The very eloquent speech 
                  
                  of the member for Charlotte (Mr. Chandler) he did think at the time would convince
                  the hon. member for Westmorland 
                  
                  that he was all wrong, and he really expected to see the Amendment to the Resolution
                  withdrawn. Like Festus, he is 
                  
                  "almost persuaded," het can't come 
                  
                  down just to the right thing. There was 
                  
                  no doubt that the troublous affair on the 
                  
                  border had tended to show the people on 
                  
                  what a volcano they stood. The evident 
                  
                  result of success would have been to cast 
                  
                  
                  
                  
                  
                  
                  us into the American Union. A late Chicago paper had said perhaps, after all, it was
                  
                  
                  best to let Confederation be consummated, as it would save trouble. Then 
                  
                  the United States would be able to 
                  
                  swallow all the Provinces at once, instead of morsel by morsel. The movement of the
                  Fenians showed us that 
                  
                  it was intended we should be the first 
                  
                  morsel. The ex-Attorney General had 
                  
                  said that the necessities of Canada was 
                  
                  the origin of the idea of Union. He 
                  
                  (Mr. B.) agreed with him to a certain extent. . Every inland country requires a 
                  
                  seaboard on which to receive and 
                  
                  ship material, and it thus becomes 
                  
                  a necessity for Upper Canada to 
                  
                  unite with the Maritime  Provinces. The 
                  
                  French peoplc of Canada  are industrious, 
                  
                  kind and frugal, but they are not a progressive people. In the House of Assembly in
                  Canada he heard the leading 
                  
                  Lower Canadian statesmen oppose a 
                  
                  measure providing for Light Houses. 
                  
                  But the people of Upper Canada are 
                  
                  constantly moving onward ; they believe 
                  
                  in progress. They see that united to 
                  
                  us they will become a great people, but 
                  
                  alone they are nothing. If they cannot 
                  
                  obtain a Union with us they must have 
                  
                  a Federal Union among themselves, 
                  
                  which would be injurious to us. Now 
                  
                  is the time to strike while the iron is  
                  hot. He should be delighted to see the 
                  hon. ex-Attorney General one of the 
                  delegates to look after the interests of the 
                  Antis, but whatever was going to be 
                  done, he would like to see done at 
                  once. It was objected that Messrs. 
                  McGee and  McDonald had said that the 
                  Quebec Scheme could not be altered to 
                  the dotting of an i or the crossing of a 
                  t. But, he would ask, to whom was this 
                  remark addressed? It was said to the 
                  Canadians that they who formed only 
                  one party to the bargain could  not alter 
                  the slightest provision in the Scheme. 
                  But if the other Provinces are agreed 
                  then the i's may be dotted and the t's 
                  crossed, aye and criss crossed. It had 
                  also been said that Upper Canada was  
                  increasing so fast that we should be 
                  swamped. He thought, however, our 
                  position and the fact that St. John would 
                  necessarily become the winter port for 
                  the Confederation, we should increase 
                  quite as fast as Upper Canada. The ex- 
                  Attorney General also was very much 
                  alarmed because, as he said, Canada 
                  would tax us for whatever was needed. 
                  Now the fact was, all would tax all. 
                  Another great bugbear was the canals 
                  of Canada. But these canals were paying more than any public works which 
                  we have in these Provinces, and anyone 
                  who has read the documents submitted 
                  to the Convention held at Detroit, must 
                  be aware that we have a great interest 
                  in the widening and deepening of these 
                  canals. When members from Upper 
                  
                  
                  
                  
                  
                  
                  48 DEBATES IN THE HOUSE OF ASSEMBLY FOR 1866. 
                  
                  Canada say to our members, " We want you to assist us to gain a grant to improve our
                  canals," they will say, "Yes. If you will give us your interest to improve the harbor
                  of Saint John." And so we shall see in that city large wet and dry docks, for which
                  there is every facility, and then waht a prospect opens before that city. Further,
                  the harbors on the North Shore would need deepening, so that ships of a large tonnage
                  could pass up. Canada, therefore, would not get all the money, for we need public
                  works as much as they. Then the movement on the border had convinced even the ex-Attorney
                  General that we should have to spend large amounts to preserve ourselves from invasion.
                  Why, even the late Government brought in and passed a Bill to provide for a navy.
                  Well, just now, that might look very much like the frog and the ox; but if these Provinces
                  were united, it was something we could have without bursting. The ex-Attorney General
                  also said the soldiers were to be removed. But Great Britain has said nothing of the
                  kind. What they have said is that they cannot trust to have their men cut off in detail,
                  as would be done in case of war but that united, they will give us of their best men
                  and treasure to preserve us. Then the taxation. If we do not have Confederation, we
                  shall have very soon to resort to direct taxation. But before this can be resorted
                  to by the General Government, they will have to put on nearly a dollar per had upon
                  the other Provinces to bring their rate tup to what we are now paying. Our revenue
                  is only about $800,000, and our fixed expenditure over $700,000, so that for our roads
                  and bridges and otehr works we should have to tax ourselves directly out of the Union.
                  The Quebec Scheme was not so bad a Scheme after all. There were checks that were not
                  known to exist till carefully looked after. He was willing to send men home untrammelled,
                  and he thought that the love of approbation in man was suficient to guarantee that
                  they would not do anything that would cause them to be looked upon by their fellow-countrymen
                  with scorn and contempt. He thought that it would be well to have a provision inserted
                  that the members of the Legislative Council should live in the Province they represent.
                  If the $63,000 bonus for then years was not generally deemed sufficient, he had no
                  objections to see it increased to $100,000. He should support the Resolution. 
                  
 
               
               
               Mr. QUINTON merely rose to declare himself in favor of the Resolution. He was quite willing to
                  entrust the interests of the country in the hands of the delegates that might be appointed,
                  believing, as he did, that they would use every en
                  
                  
                  
                  
                  deavor to secure Union on the most advantageous terms. 
                  
 
               
               
               Mr. SKINNER wished to speak on the question before the House, but had been so occupied with other
                  matters that he was not then prepared, and, therefore, would ask the House to allow
                  him to speak after the hon. member for Westmorland had made his reply to-morrow morning.
                  
                  
 
               
               
               Dr. DOW said he should claim a like favor if the request were complied with. He thought it
                  inexpedient to depart from parliamentary usage, and he should object to such a course
                  being taken. 
                  
 
               
               
               Mr. SKINNER then said the hon. member for York appeared to be very fastidious, and as his request,
                  which he considered a very reasonable one, had not been complied with, he should proceed
                  with a few remarks. Whilst he should vote for the Resolution, he could not but express
                  his dissent from the manner in which this matter had been brought before the House.
                  He could not vote for Mr. Smith's Amendment, because he believed it would be driving
                  a dirk into the very heart of Confederation. He was, therefore, placed in a very awkward
                  position. He did expect that the Government would have brought the question before
                  the House in a more tangible form; that the qustion would be discussed in all its
                  bearings, and that instructions would be given to the delegates appointed by which
                  their action would be governed. But if this bald Resolution were passed, they, on
                  their return might say, if teh provisions of the plan decided on were not satisfactory.
                  "Why you gave us no instructions." The Government should have come before the House
                  and said, that as they had but lately come from the people, and that as the House
                  knew what the people required, they should instruct them what to do. This would have
                  been dignified, this would have been honorable, and the right way to approach the
                  subject. He was in favor of Confederation; it was as strongly enshrined in his heart
                  as in that of any one, but he did think, in reconsidering the terms of Union, the
                  question should be approached calmly and deliberately. The more time taken in its
                  consideration the better. But from the first there appeared to have been a desire
                  to rush the matter on. When the delegates first met at Prince Edward Island this was
                  manifest, but the question had lost nothing in the support it received by being held
                  over for fifteen months. It had rather been gaining support remarkably fast. The question
                  was not new to the people. For twenty- five years they had been in favor of Union,
                  but when they found it was contemplated to push the matter through in a hasty manner,
                  the people would not acquiesce, and so the Quebec Scheme 
                  
                  
                  
                  
                  
                  was repudiated. He would tell the hon.  
                  members that representation by population was the hardest thing the people had been
                  called upon to submit to. But the evils taht arise from this might be overcome by
                  proper checks in the Upper House. Many people who voted for Union in 1864 were opposed
                  to some of the provisions of the Quebec Scheme. And during the late elections he had
                  frequently been charged not to accept the Quebec Scheme without looking into it, and
                  trying to get some modifications. He hoped this point of representation would be met
                  by providing for an equal representation of every Province in the Upper Branch. When
                  the election of 1865 came off a majority of the people were against the Quebec Scheme,
                  and if those who came into power had confined their opposition to that Scheme, and
                  not carried it on against all Union, but had gone on and matured a better plan, they
                  would have obtained better terms. They did not do it, the tide turned, and on the
                  next wave the thirty-three men on the floors of teh House in favor of Union were returned.
                  Let them now be very careful that the succeeding wave did not carry them all away,
                  as it would be likely to do if they did not treat the question in a calm and deliberate
                  manner. He thought the question should have been laid before the House for their consideration,
                  and then hon. members would have had an opportunity to speak the convictions of their
                  minds on this great matter. If he could not get Union in broad daylight and openly
                  he would not have it at all. The foundation must be laid and cemented in an open and
                  manly way. He would not speak of some of the alterations the delegates should demand.
                  He would, if he could, secure some modifications to the provision for representation
                  by population. He feared that this could not be done, but still he would claim it
                  as a right and a benefit to all the Colonies. The Quebec Scheme was started at the
                  time of the war in the United States, before Grant had taken Richmond or Sherman had
                  made his grand march through georgia to the ocean, when they thought that the republic
                  was in the throes of dissolution, and consequently it was teh negation of all that
                  was found in the American Constitution. There the states have the power, and that
                  power they weild for the general good. But in the Quebec Scheme the General Government
                  take all the power and dribble it out to the separate States. This was a feature in
                  the Scheme he had always been opposed to. If the delegates had intended to have formed
                  a separate nationality, he could have forgiven them for this, but they did not, neither
                  did the people desire a new flag or the power to make war, to coin money, or any other
                  functions perform
                  
                  
                  
                  
                  DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 49 
                  
                  ed by an independent power. All they wanted was to form a Union for the purposes of
                  commerce and defence. If the Provinces had been going into a Legislative Union they
                  would not have needed a Scheme, the Common Law woud have sufficed as the basis, but
                  in a Federal Union it was necessary that the Constitution should be a written one,
                  and it requires the greatest care and deliberation in the preparation of its provisions.
                  The hon. member for York (Dr. Dow) his fastidious friend who opposed his request,
                  would rear up a nation in a half-an-hour as he would a wood boat. He did not like
                  the arrangement with regard to the appointment of the Judges. For the first ten years
                  they were to be appointed from their own respective bars. He woud make it for all
                  time. In England, Scotland, and Ireland they had their own Judges. It was well known
                  that it took the best minds in the country to make a lawyer, and then it required
                  years of close and careful study to become acquainted with the Common Law, and years
                  again to know the Statute Law, and it should be provided that when Judges are appointed
                  they should be taken from the bars of the respective Provinces where the vacancy occurs.
                  How was it in Maine, and the other States ? They all had their own Judges, men whose
                  decisions and writings on jurisprudence are co-even and co-equal with those of the
                  Judges in England. He had no objection to the appointments being in the hands of the
                  Central Government. Then the General Government had a veto power over all the acts
                  of the Provinces. If New Brunswick or Nova Scotia were to pass a law which they found
                  to be required and it was afterwards declared unconstitutional by the General Government,
                  it would cause a great deal of discontent. The whole might be obviated by placing
                  the matter in the Judiciary, for the reverence of our people for the Bench is deep
                  and constant. See how it is ; a man is in political life, deep in the turmoil and
                  strife of an election. He is a fit mark for the wit or sarcasm of any one, but he
                  is raised to the Bench by the party in power, and the people cease to scoff and already
                  reverence. Yes, if the veto power were in the hands of the Judges, the people would
                  bow to their decisions, but they would not if left with politicians. Next with regard
                  to the eighty cents a head on the population of 1861. He would have it altered so
                  that it should be on the population whatever it might be for all time to come. Why
                  not left the eighty cents go on increasing with the population ? But it may be said
                  Canada will go on and get much more than we. That could not be contradicted, but how
                  would it be now ? He believed if the people thought they were going to get eighty
                  cents ahead according to the 
                  
                  
                  
                  
                  
                  population they would be satisfied. He 
                  would have it so arranged that in time the local governments would get the management
                  of the monies rather than the federal, thus giving them less to do, whilst it increased
                  the work to be done by the Local Legislatures. Then he did not see any check by which
                  the Constitution was secured to us provided the other Provinces wished to alter it.
                  The Constitution of the United States provided that it could not be altered without
                  an appeal and vote of three-fourths of the States. He thought if this were done we
                  should be much safer. Then if they could alter the General Constitution, why may they
                  not after a time obtain the power to alter the local Constitution ? If these things
                  were not secured he would have it done. He would pour the oil of good feeling upon
                  the wheels, so that they might run smoothly and work well. He thought the delegates
                  should be instructed but not trammelled. They would leave with his best wishes, but
                  he thought the House should have been informed how many were to be sent, and who they
                  would be. There were some men he would not send for his right arm, whilst there were
                  others in whom he had every confidence. He would pick out five or seven men from the
                  Government and from the House, or from both Houses, but they should be the best men,
                  and the House should know who they were. On the second application to the people they
                  had decided, as he believed, right ; but he told his people that he would bring his
                  judgment to bear upon the deliberation of the whole matter, and now by the action
                  taken by the Government, he was in the position, that if he voted against the Resolution
                  Confederation would be jeopardized. He hoped that all would yet turn out well, that
                  the delegates would not act with selfish or ambitious motives. No delegation ever
                  left these or any other Colonies with such destinies in their hands, and he trusted
                  they would return with a good report. If they did not, the people would not be satisfied.
                  He should vote for the Resolution. 
                  
 
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
                  Dr. DOW did not know that there 
                  
                  was anything fastidious in asking the 
                  
                  same favor of the House as the hon. 
                  
                  member had done. All he asked for 
                  
                  was that the mover of the amendment 
                  
                  should close the debate as was customary. He had always looked upon this 
                  
                  question as one that rose above party 
                  
                  or prejudice. When was the first objection taken to the Quebec Scheme ? 
                  
                  not till the people had risen to a sense 
                  
                  of the benefits which  were to arise from 
                  
                  a Union of. these Colonies. It had been 
                  
                  objected by the hon. member for St. 
                  
                  John, that the power was in the hands 
                  
                  
                  
                  
                  
                  
                  of the General Government, and he had 
                  referred to the United States during the late war. But did not the hon. member know
                  that it was because there was then a great central head and controlling power that
                  the Union was preserved ? Had the power been in the seperate States, where would the
                  Union have been to-day ? The delegates were going home to a country and a Government
                  who would not do anything to the prejudice of these Provinces. In his canvas through
                  the County he had said, if you vote for me you vote for the Quebec Scheme, and no
                  railway no Union. He did not say the scheme was perfect ; it was drawn up by men,
                  and all are liable to err. But what were some of the objections raised. Oh ! the people
                  were going to be taxed to death. Next Fisher, Tilley and Gray had bought up the Fenians
                  at $50 a head, and so the people got frightened. There was an old lady up in Canterbury
                  who was very much alarmed about them, and one day when he called she asked him how
                  about the Fenians ? He replied they were all gone now. But said she, " Don't you think
                  they'll come back ?" He thought not, unless they might turn up on the fishery question.
                  
                  " There," she said, "I knew it was  
                  some of that Fisher's work. He is always doing some mischief or other. " 
                  And so it is, the impression was made 
                  that the Fenians, the Fishery business,  
                  and Fisher were all mixed up together. 
                  He did not say the scheme was perfect, 
                  but he had full faith in the men who 
                  would go home that they would labor 
                  for the best interests of the country 
                  He had seen 45,000 acres of land bought 
                  up by one man for a mere nominal 
                  sum, because it was in such a position 
                  that roads would not likely to be made  
                  through it for many years. But 15,000 
                  acres of that land was as pretty farming 
                  land as the eye could desire to look on, 
                  and if a railroad were run through it, 
                  it would be of immense value. Our 
                  young men were leaving our country 
                  because there were no improvements 
                  going on to open our country and develope its resources. This would only 
                  be changed by uniting the interests of 
                  all the Provinces. He was prepared to 
                  vote for the Resolution. 
                  
                  
 
               
               
               
               
               
               
                  Mr. SMITH, in closing the debate, 
                  
                  said—I do not complain of the tone 
                  
                  adopted during this debate, except to the 
                  
                  remarks made by the Provincial Secretary, and I think the House, on calm reflection,
                  will say that his speech lacked 
                  
                  that dignity which was due to the subject and to the House. I stand in a very 
                  
                  different position to the Provincial Secretary, for while this  feeling of the House
                  
                  
                  is concurrent with his views, I am aware 
                  
                  that I address an unwilling audience, but 
                  
                  
                  
                  
                  
                  
                  50 DEBATES OF THE HOUSE OF ASSEMBLY FOR 1866. 
                  
                  duty to myself and to my country try to require that I should reply. I think, Mr.
                  Speak er, that the hon. Secretary should have striven to combat my arguments rather
                  than to have entered into personalities. I said nothing to call for his singling me
                  out almost by name, and making me the subject of an attack. In the late election I
                  scarcely referred to any on thing by name, but all his speeches have been directed
                  to the impugning of my motives. Now, if this was the question, he would like to ask
                  the hon. Provincial secretary if he was not influenced in his labors by a desire to
                  go to Ottawa? 
                  
 
               
               
               
               
               
               Mr. SMITH - Yes, Mr. Speaker, you see he can't say he is not so influenced, there is the reservation
                  - I do not think I am. He is not prepared to say in a straightforward manner that
                  such motives have no effect upon him. 
                  
 
               
               
               Hon. Mr. TILLEY - I know, Mr. Speaker, it is hard for a man to know himself, and, therfore, I replied
                  in that guarded way. 
                  
 
               
               
               Mr. SMITH - Now, I don't say he is thus influenced, but he attacked me, and he says I am the
                  worst politician in this country. Well, in return, I will say that he is the most
                  ambitious and unscrupulous. He has some qualities that I much admire. He is certainly
                  persevering in his efforts to bring about that which he desires, but he is not particular
                  about the means. He said he was willing to get better terms than the Quebec Scheme,
                  but did not leave the impression that they would be had. Did he not strive to prove
                  that it was a perfect Scheme. The Speech he has made here will be read by the delegates
                  from Canada on their way to England and what will he say to them, and how will he
                  meet this people again if the Quebec Scheme be fastened upon us? But I must do honor
                  to the hon. member from St. John, who although he will cast his vote on the opposite
                  side, has yet taken up and treated this subject on broad and philosophical views.
                  He has acted in a bold, manly, independent manner, and has done himself infinite honor.
                  The matter should have been submitted to us. It is not before us. It is on the Journals
                  of last year, but we can't retrace our steps and look at it. The Secretary tells us
                  - in a manner unheard of before - that he cannot tell this House what terms they will
                  ask, as somebody may get a hold of it in Canada, and thus defeat the measure. Is this
                  not political fraud and concealment? Is it not clear that they are willing to carry
                  a Scheme against the will and wishes of a majority of the people of this country?
                  The hon. member for York said the scheme was not perfect, but he did not tell us his
                  objections to it. He says that young men are 
                  
                  
                  
                  
                  going away; so they are and others are coming here. This is only natural. Man is restless
                  and roving, and we get men from England, Ireland and Scotland, but we don't hear anything
                  about them. The Provincial Secretary quoted from the Journals to show that an offer
                  of Union had been made us in 1858. But let us see his reply. Here is Tilley against
                  Tilley. 
                  
 
               
                
            
            
            
            
               
               
               MEMORANDUM OF THE EXECUTIVE COUNCIL IN COMMITTEE 
                  
               
               
               
               
               To His Excellency the Honorable J.H.T. MANNERS-SUTTON, Lieutenant Governor, &c., &c., &. 
                  
               
               
               
               The Committee of Council have had under consideration the Despatch of the Governor
                  General ofthe 9th inst., containing the Report of the Excutive Council fo Canada,
                  on the subject of a Federation Union of the British North American Provinces. 
                  
               
               
               The Council are deeply impressed with the importance of the subject, requiring, as
                  it does, the most deliberate and mature consideration. 
                  
               
               
               The British North American Provinces have each attained a great degree of material
                  prosperity under their present Constitution; and the increased power of self-government
                  recently conferred on them has left nothing to envy in the political condition of
                  the citizens of the neighboring Republic. 
                  
               
               
               *   *     *     *     *     *     *     * 
                  
               
               
               This is true; the country has gone on with great rapidity. But the trouble with the
                  Provincial Secretary is that he is too ardent and sanguine. His imagination paints
                  things in very bright colors, and he is apt to believe it is all real. For example,
                  he introduced some yars ago the Prohibitory Liquor Law, and he told us that if it
                  was carried it would entail blessings on the country. Well, it was carried, and the
                  result proved that the Secretary's predictions were all wrong, for not only was the
                  country thrown into two elections, but I believe there has beeen more drinking since
                  as the consequence of that law then ever was before. Now he say I never introduced
                  any great measure; will, this is one of the great measures brought forward by the
                  Secretary. Then there was the Inter-colonial Railway. He made an arrangement with
                  Canada to build that road, and went to England on a delegation to consummate the whole
                  affair, and when he returned he told us that Messrs. Howland and Sicotte, the Canadian
                  delegates had broken faith, and there was the end of that matter. These gentlemen
                  think they are not guilty of that charge. All that time I was Attorney General, and
                  was associated with the Secretary, and on that question I resigned my office. He says
                  I am opposed to Railways. That is not the case; but in the matter of incurring large
                  liabilities I am, and have been very cautious. He says I show great inconsistency
                  in my 
                  
                  
                  
                  
                  action and statements. Now in 1862 I said that the Railway was costing ÂŁ 200 a day,
                  and that every passenger cost ÂŁ 5. That was a fact, but is that any reason why at
                  the present time I should not look forward to its paying six per cent. Is there any
                  inconsistency in that? Now I will read what I did say in my resignation in 1862. 
                  
               
               
               
               
                  
                  
                  "RESIGNATION OF HON. A.J. SMITH. 
                     
                  
                  
                  "FREDERICTON, Oct.10, 1862. 
                     
                  
                  
                  "SIR: The delegates representing the Government of this Province at the Convention
                     recently held in Canada to consider the subject of the Inter Colonial Railway from
                     Halifax to Quebec, have undertaken, on behalf of this Province, to build the railway
                     conjointly with Canada and Nova Scotia, and to bear seven twenty-fourths of the cost
                     of the work; and the Council have affirmed their action, and are preparing to take
                     steps to give effect to the arrangement so made. 
                     
                  
                  
                  "This scheme is, in my opinion, fraught with consequences most injurious to the welfare
                     and best interests of this Province. It involves a heavy charge upon the Province,
                     which, added to our present indebtedness, will impose a financial burden which I think
                     our population and resources will not justify upon any sound principle of political
                     economy. 
                     
                  
                  
                  "A very important element in the consideration of this subject, in my judgement, is
                     the fact that thes works are to be constructed with borrowed foreign capital, the
                     payment of the interest of which will be a never-ending drain upon our financial resources,
                     which ultimately must have a most withering effect upon the prosperity and seriously
                     retard the advancement of the Province. 
                     
                  
                  
                  "It should not be forgotten that the interest on the debt already contracted for our
                     present railway is about ÂŁ 200 per day. The earnings of the road it may be fairly
                     said are not more than sufficient to pay the running expenses, including wear and
                     tear. The interest is paid abroad, and I am much mistaken if the effect of this has
                     not already been highly prejudicial to the business of the country. 
                     
                  
                  
                  "Our present financial condition is by no means flattering, and will require the most
                     careful and prudent management in order to meet local requirements and preserve public
                     faith. 
                     
                  
                  
                  "The proposed enterprise if accomplished must largely increase taxation, which in
                     my estimation the people are unable and unwilling to bear, our present tariff is as
                     high as circumstances will warrant. 
                     
                  
                  
                  "My views on this subject may be erroneous, but I have given it the most careful and
                     deliberate consideration, with a full appreciation of its magnitude and the importance
                     of teh step I am about to take. Under these circumstances I feel myself constrained
                     by a sense of public duty to seperate from my colleagues, and retire from the Government,
                     and I now beg to tender to your Excellency my resignation.   *     *     *" 
                     
                   
               
               
               
               
               The debate and House was here adjourned till to-morrow morning at 9 o'clock.
               
               
               
               J.M.