THE EVE OF CONFEDERATION

“What then is the remedy best adapted to deliver the Province from the disastrous position it now occupies? We answer : Dissolve the existing Legislative Union. Divide Canada into two or more Provinces, with local Executives and Legislatures having entire control over every public interest—except those, and those only, that are necessarily common to all parts of the Province. . . ŒEstablish some central authority over all, with power to administer such matters, and such only, as are necessarily common to the whole Province, Let the functions of this central authority be clearly laid down—let its powers be strictly confined to discharging specified duties. Prohibit it from incurring any new debt, or levying more taxation than is required to meet the interest of existing obligations, discharge its own specified duties, and gradually pay off the national debt, Secure these rights by a written Constitution, ratified by the people, and incapable of alteration except by their formal sanction.” —ADDRESS OF THE CONSTITUTIONAL REFORM ASSOCIA- TION TO THE PEOPLE OF UPPER CANADA, dated at Toronto, February 15th, 1860,

HE hard times, though they had spent their worst fury, had by no means wholly passed away, and the advent of 1859 found the Province still struggling with a considerable amount of business depression. Parliament had been summoned for an earlier date than usual, and met on the 29th of January. It remained in session until the 4th

of May. The Government commanded a fair majority on matters of

general policy, though the Opposition presented a most determined front, and though the session was marked by several exciting debates.

In the Speech from the Throne pronounced at the opening, the attention of the Houses was specially drawn to the Seat of Government question. ‘I cannot doubt,” remarked his Excellency, “that you will recognize a selection made by Her Majesty at your own request, and that you will duly acknowledge her gracious compli-

jai »

392 The Last Forty Years.

ance with the addresses which you yourselves caused to be presented to her” The Address in Reply echoed this sentiment, which, however, did not meet with anything like universal acceptance in Parliament, Various amendments were proposed, and the ensuing discussions evoked strong expressions of disapproval at the choice of Ottawa; but the Government stood to their guns, and the disputed clause was carried by à narrow majority of five. The vexed question of the Seat of Government was thus disposed of.* Among the most important of the 131 measures passed during the session were an Act to amend and consolidate the several Acts respecting the Publie Works, and a new Tariff Act. The latter, as already mentioned, was an expansion of the measure of the previous session, and the principal change effected by it was the imposition of twenty—instead of fifteen—per cent. on all commodities not specifically enumerated. Its introduction devolved, of course, upon the new Inspector-General, Mr. Galt, who made an able exposition of the Provincial finance on the occasion. The thin end of the wedge of Protection was by this time clearly inserted ; but the responsibility for its insertion rests neither upon Mr. Cayley, who introduced the measure of 1858, nor upon Mr. Galt, who introduced that of 1859 The real author of Canadian Protection was Mr. Isaac Buchanan, of Hamilton, whose active interest in trade questions has already been referred to, and who for some time prior to 1859 had been doing his utmost to disseminate views in opposition to the alleged principles of free-tradc, By his frequent contributions to the press, and by his personal influence, Mr. Buchanan had won many converts to his opinions, more especially among the wholesale mercantile community of

* The selection of Ottawa, though nominally the Act of Her Majesty, was made upon the advice of Sir Edmund Head, who feared a disruption of the Union on the Seat of Government question, and regarded Ottawa as a sort of compromise between theijrival claims of the two sections of the Province. See ante, p. 367.

+ Exclusive of a divorce bill reserved for Imperial sanction,

LCA WW

The Eve of Confederation. 393

Canada. The latter had recognized the importance of united action, and had held public meetings in Toronto and Montreal, at which economical questions had been freely discussed, and resolutions passed in favour of such a readjustment of the tariff as would afford greater encouragement to Home manufactures. Mr. Buchanan had never failed to attend these meetings, and to make his presence felt thereat. Petitions, numerously signed, had been presented to the Assembly on the subject, and a new scale of customs rates, prepared by Mr. Buchanan himself, had been submitted to the Inspector-General, accompanied by strong arguments for its adoption. By these and other means a good deal of pressure had been brought to bear upon the Government. The Tariff Acts of 1858 and 1859 were largely due to this pressure, and the effect of the “national policy ” soon began to make itself perceptibly felt in an improved state of the revenue. The consequences of the reckless expenditure of past years could not be remedied in a moment, but there was a marked improvement from the time of Mr. Galt's accession to office. His high character and great financial ability did much to restore public confidence, and his efforts were greatly promoted in the course of the year by a bountiful harvest. The Taritf Act of 1859, however, was probably the most important factor in enabling Mr. Galt, in his next annual report, to show an increase of revenue over expenditure ; and of that Act, as has been seen, Mr. Buchanan is entitled to claim at least a full share of parentage.

Two other Acts passed during the session of 1859 call for a few words of mention. The first made provision for facilitating the redemption of Provincial debentures, and the consolidation of the publie debt. It abolished the name of “Inspector-General,” as applied to the head of the Department of Finance, and substituted therefor the title of “Minister of Finance,” by which that official has ever since been designated, The other measure above referred to, which

was introduced and carried through the Assembly under the 26—2

394 The Last Forty Years.

auspices of Attorney-Gencral Cartier, made an effectual disposition of the Seigniorial Tenure question, by appropriating la sum for de the redemption of certain feudal obligations which, notwithstanding the provision made by the Act of 1854, still pressed upon the habitans of Lower Canada. The appropriation was opposed with great firmness by the Upper Canadian Opposition, who denounced it as an attempted robbery of the western section of the Province. The Lower Canadians, however, took an equally determined stand in its favour, only one* of their number being found to refuse his support, and the Act passed its third reading in the Assembly by a vote of 66 to 28. In the Upper House it was subjected to certain amendments, which were agreed to by the Assembly, and it accordingly became law. Though it got rid of a grievance of long standing, the Upper Canadian Clear Grits could not bring themselves to regard it otherwise than as a gross injustice to their own section. “Can we long continue,” asked their chief organ, ‘in connection with a people with whom we differ so widely as we do with the French Canadians ?”+ The stand taken respectively by the Clear Grits and Rouges at this juncture caused a breach between them which was never wholly repaired, and which, by disorganizing the Opposition, tended to strengthen the hands of

the Government.

As the session drew towards its close a temporary conflict arose 1: between the two Houses in consequence of the refusal of the Lewis- ' lative Council to adopt the Supply Bill. Parliament having by this time met at Toronto for four successive years, arrangements had been made for removing the Seat of Government to Quebec at the close of the cur:ent session, where it was to remain until new buildings should be erected at Ottawa. During the debate on the Address in the Upper House, a majority of members had pro-

* Mr. R. B. Somerville, member for Huntingdon, + See The Globe, Thursday, May 5th, 1859.

rose gisthis had the aldthe pro-

The Eve of Confederation. 395

nounced against the contemplated removal, which they regarded as an unnecessary expense. They had contended for retaining the capital at Toronto until it could be finally removed to Ottawa, by which means a good deal of cost to the country would be avoided. They accordingly now refused to pass an item to defray the expense of removal, which had been placed in the Supply Bill ; but when they found that their persistence would inevitably bring about a crisis they gave way, and relieved the Government from an embarrassing position. Among other proceedings which marked the close of the session was the passing by both Houses of an Address to the Queen praying that Her Majesty, accompanied by the Prince Consort and such members of the royal family as might be selected to attend her on the occasion, would “ graciously deign to be present,” at the opening, in the following year, of the Victoria Bridge across the St. Lawrence River at Montreal. Mr. Henry Smith, Speaker of the Assembly, was despatched to England to present the Address, and to receive Her Majesty’s reply, the tenor of which will be given in the proper place.

Immediately after the prorogation the departments were removed to Quebec, where they were destined to remain six years before being permanently installed at Ottawa.* Notices were issued by the Public Works Department inviting architects to send in designs for the proposed Parliament Buildings to be erected at the new capital. The invitations were numerously responded to, and in the course of the autumn specifications were prepared and building contracts entered into. Before the close of the year operations were begun upon the Central Block, and the work of construction was thenceforward continued without serious interruption until completion.

The demand for Representation by Population assumed formidable

* The public offices were removed from Quebec to Ottawa in 1865, but no session of the Legislature was held at the present capital until 1866.

396 The Last Forty Years.

proportions in Upper Canada during the summer of 1859. The Government were notoriously in a minority in that section of the Province, and as they had abandoned the double-majority principle, the cry of “ Lower Canadian domination” began to be loudly raised against them. During the second week of November an additional impetus was imparted to this sentiment by mea::s cf a numerously attended Reform Convention held at Toronto. ‘he avowed object of the Convention, which was attended by 570 prominent Reformers, including delegates from all parts of the Upper Province, was “to consider the relations between Upper and Lower Canada, and the financial and political evils that had resulted therefrom, and to devise constitutional changes fitted to remedy the said abuses, and to secure good government for the Province” * All the leading spirits of the Upper Canadian Opposition were present at this gathering, and delivered stirring diatribes against the Ministry. A series of strongly-drawn resolutions was passed, declaring, inter alia, that the Union of the Provinces had failed to realize the anticipations of its promoters ; that it had resulted in a heavy public debt, burdensome taxation, great political abuses, and universal dissatisfaction throughout Upper Canada. Opinions were ge.erally expressed to the effect that the Union, as then existing, could no longer be continued with advantage to the people, and that the difficulties in the way of bringing about a Federal Union of all the British North American colonies would necessarily cause such delay as to place that measure beyond consideration as a remedy for existing evils. It was further resolved that the best practical remedy was to be found in the formation of two or more local governments having control over all sectional matters, and of some joint authority having control of matters common to the Province at large. The final resolution declared that no govern-

* See the recital introduced into the circular issued to the Reform members and candidates by the Reform Association of Upper Canada in 1867.

The Eve of Confederation. 397

ment would be satisfactory to the people of Upper Canada unless based on the principle of Representation by Population. A ‘“Constitutional Reform Association” was formed for the purpose of carrying out the spirit of these resolutions, and of procuring the election to Parliament of candidates pledged to the principles enumerated therein. A committee was appointed to draft an address to the people in support of the prevalent views of the Convention, and embodying the resolutions in extenso. Great care was manifested in the preparation of this document, which was not fully completed and approved until the 15th of February, 1860. It contained an elaborate exposition of public affairs from the Opposition point of view, and was circulated broadcast throughout the land. There can be no doubt that it did much to pave the way for the great scheme of Confederation—a fact which will be clearly apparent to anyone who will take the trouble to compare the text of the resolutions of 1859 with the British North America Act of 1867. Its immediate effect, however, was not very apparent. The scheme was too large, and at the same time too indefinite, for ready and general comprehension, and many staunch Upper Canadian Reformers would have nothing to say to it. Among other less important personages, Mr. John Sandfield Macdonald refused to have act or part in so radical an inroad upon the constitution as would necessarily be involved in carrying out the resolutions of the Convention.

À similar movement was set on foot in Montreal under the auspices of Messieurs Dorion, Drummond, McGee, and other influential members of the Opposition. Meetings were held, at which the situation of affairs was very freely discussed, and the project of a Federal Union cordially approved. But a good many Oppositionists held aloof, owing to their unconquerable antipathy to Mr. Brown; and upon the whole the movement made little headway in Lower Canada. The several differences among the members of

398 The Last Forty Years.

the Opposition inevitably tended to prevent united action among them on matters of general policy, and the Government of course profited by the disorganization of their opponents.

There were no other events of historical importance during the year 1859. Early in 1860 the offices of Solicitor-General East and West, both of which had long been vacant,* were filled by the appointment of Messieurs Louis Siméon Morin and J. C. Morrison. Mr. Morin, who sat in the Assembly for Terrebonne, was a member of the Lower Canada bar, and though a young man of only twentyeight years, he had already made his presence felt in the Assembly by his talents as a speaker and general man of business. He assumed the office of Solicitor-General for Lower Canada on the 18th of January, and was at the same time admitted to a seat in the Cabinet. Within a month afterwards he was reëlected by his constituents, and he continued for more than two years to hold the office to which he had been appointed. Mr. Morrison, who is already known to the reader, had no seat in Parliament, He became Solicitor-General West on the 22nd of February, 1860, and held that office, with a seat in the Cabinet, until the month of March, 1862, without having meanwhile been returned for any constituency.

The session of 1860 was opened at Quebec on Tuesday, the 28th of February. A despatch from the Duke of Newcastle, Colonia Secretary, which had been received by the Governor-General only a few days before, was laid before Parliament. It announced the receipt by Her Majesty of the joint Address of the two Houses of the Canadian Legislature, and testified her appreciation of the loyal spirit which had inspired it. Regret was expressed that Her Majesty’s duties at the Seat of Empire were such as to preclude her acceptance of the invitation to be present at the opening of the Victoria Bridge. “Impressed, however,” wrote the Secretary, “with an earnest desire to testify, to the utmost of her power, her warm

* Antec, pp. 385, 390,

Vs

The Eve of Confederation. 399

appreciation cf the affectionate loyalty of her Canadian subjects, the Queen commands me to express her hope that when the time for the opening of the bridge is fixed, it may be possible for His Royal Highness the Prince of Wales to attend the ceremony in Her Majesty’s Lame, and to witness those gratifying scenes in which the Queen is herself unable to participate. The Queen trusts that nothing may interfere with this arrangement, for it is Her Majesty's sincere desire that the young Prince, on whom the Crown of this Empire will devolve, may have the opportunity of visiting that portion of her dominions from which this Address has proceeded, and may become acquainted with a people in whose rapid progress towards greatness Her Majesty, in common with her subjects in Great Britain, feels a lively and enduring sympathy.” The Governor, in the opening Speech, after referring to this despatch, and to various other matters of temporary importance, remarked upon the improved aspect of the finances. “If I may not congratulate you,” said his Excellency, “upon having completely surmounted our financial difficulties, I think you will find that the income and expenditure for the past year have been such as to cause us no fear for ine future” The abundant harvest and the signs of à revival of trade were also touched upon. In a word, the tone of the Speech was decidedly hopeful, and was fully justified by the commercial outlook. The Address in Reply was passed by each House at a single sitting, and with very little discussion.

The legislation of 1860, though it included various measures of practical utility, was not of such a nature as to call for special reference here. All through vne session the Ministry were sustained by considerable majorities, and were strong, rather by reason of the weakness and disorganization of their adversaries than from any inherent strength of their own. Mr. (J. A.) Macdonald still continued to carry Upper Canada measures by means of majorities obtained from Lower Canada, and for this he encountered considerable censure

400 The Last Forty Years.

in his own section; but upon any question which involved the existence of the Ministry he could always count upon his colleague Mr. Cartier, and the Opposition could do little to break down the forces arrayed against them. Owing to the secession of some of his followers and the lukewarm support of others, Mr. Brown's influence perceptibly waned during the session. A number of Lower Canadian Liberals positively refused to follow his lead any longer, and Major Thomas Edmund Campbell, member for Rouville, in the course of a speech in the Assembly, publicly called upon him to relinquish the leadership of a party with which French Canadians could never unite while he remained at its head. Still, in spite of all defections, Mr. Brown never ceased to be formidable. No sooner had the Assembly fairly settled down to business, after passing the Address in Reply, than he began to develop the policy outlined in the resolutions of the Toronto Convention. He introduced two motions embodying all the most important principles which had been resolved upon: namely, that the Union was a failure, and could not be advantageously maintained ; and that the best remedy was to be found in the formation of two or more local governments, with some joint authority, ‘“charged with such matters as are necessarily common to both sections of the Province.” These motions, which were seconded by Mr. Mowat, naturally gave rise to stirring debates, and evoked strong expressions of opinion. Mr. Brown supported them by the most eloquent and statesmunlike speech that up to that time had ever fallen from hislips. They were however defeated by overwhelming majorities ; the former by 66 to 27, the latter by 74 to 32. There was a manifest disposition to laugh at Mr. Brown's schemes as the visionary imaginings of a disappointed man. The joint authority scheme gave occasion to some specially facetious remarks, and one speaker declared that the bee in Mr. Brown's bonnet must be of more portentous dimensions than the bonnet itsolf, But the whirligig of time brings its revenges. The day

The Eve of Confederation. 401

was not far distant when this identical joint authority scheme was to commend itself to the mature intelligence of the ablest statesmen of two continents, as the true and only remedy for a dead-lock in Canadian public affairs.

After having sat for not auite three months, Parliament was prorogued on the 19th of May, upon the understanding that the members should reassemble to welcome the Prince of Wales upon his arrival at Quebec in the course of the summer. During the next three months the country was agog with expectation. Never had the promised advent of any human being been looked forward to in Canada with such enthusiasm; nor was this much to be wondered at, for the expected visitor was not merely the representative of Her Majesty, but the heir-apparent to the British throne. Whatever may be the case at the present day, loyalty was noë an effete sentiment in Canada twenty-two years ago, and all classes of the people vied with each other to do honour to the winsome young man who represented the might and inajesty of the Imperial Crown. Nor were there any personal grounds for abating the love and respect which such a guest was well calculated to inspire. Albert Edward, Prince of Wales, was then “in the morn and liquid dew of youth.” He was endowed with an attractive person and a manner becoming to his high rank. His reputation was unclouded. Scandal had not busied itself with his name; or if it had, the sound had not been borne across the Atlantic. Everything that was known about him was in his favour, and the opinions currently entertained of him were golden. Then, there was a less elevated aspect in which it was possible to look at the matter, Regarded from a purely selfish point of view, the visit of so distinguished a personage was certain to be advantageous to Canada as an advertisement, and the eyes of the world would be at least temporarily directed to our shores, The preparations for His Royal Highness's reception were of the most elaborate and costly character in all the principal cities and town:

402 The Last Forty Years.

Parliament had made oeral provision for the emergency, and this provision was liberally supplemented by the local corporations.

The Prince, accompanied by the Duke of Newcastle, Colonial Secretary, and a numerous suite, sailed from Plymouth on the 10th of July. A fortnight later they landed at St. John's, Newfoundland, whence, after remaining several days, they proceeded to Halifax, Nova Scotia. St. John and Fredericton, the two principal towns of New Brunswick, were next visited, after which the party proceeded to Charlottetown, Prince Edward Island. Thence they embarked for Canada. At Gaspé they were met by the Governor- General and nearly all the members of the Ministry, who had proceeded thither to welcome the royal guest, The reception at Quebec took place on the 18th of August. On the 21st the two branches of the Legislature presented to His Royal Highness addresses expressive of devoted attachmenc to the person and Crown of his royal mother. By letters patent received from England subsequent to his arrival in this country, the Prince had been created Viceroy of all the British North American colonies, and by virtue of the creation he was empowered to confer the honour of knighthood. This power he now exercised by investing Messieurs N. F. Belleau and Henry Smith* with that dignity. On the 25th he discharged the task which had formed the pretext for his visit, by laying the corner stone of the Victoria Bridge at Montreal. A week afterwards he laid the foundation stone of the projected Parliament Houses at Ottawa, whence he proceeded through the western part of the Province, visiting all the principal cities and towns along the route. His journey from first to last was an uninterrupted series of ovations. Great taste was displayed and much

* Speakers respectively of the two Houses of Parliament, +It may be worth noting that the Reception Committee at Montreal was presided over by the Hon. John Young, who nearly nineteen years before had endeavoured to give a practical and philanthropical direction to the local celebration in honour nf the Prince of Wales’s birth, See ante, Vol. I., p. 216, The facts were communicated to H.R.H., who gracefully referred to Mr, Young’s conduct on the occasion,

The Eve of Confederation. 403

money spent in decorating and illuminating the streets, and Western Canada has probably never presented so charming an aspect as during those few weeks of the royal progress through our territory. At three points only did anything oceur to mar the harmony of the receptions. The unwise display of party emblems by the Orange Societies of Kingston and Belleville prevented the royal visitors from landing from the steamer at either of those places. In Toronto a similar exhibition of Orange devices upon one of the triumphal arches erected on the corner of Church and King Streets prevented the royal procession from passing under it, the Duke of Newcastle firmly refusing to lend any countenance to party displays. The Governor-General having expressed himself strongly in favour of his Grace’s determination, both he and the Colonial Secretary were burned in effigy on Colborne Street by a few hot-headed persons whose zeal, for the nonce, outran their discretion. In every other particular the visit to Toronto was a splendid success, and during the rest of the western tour all went merrily as the proverbial marriage bell.

Before the Prince’s departure from England, President Buchanan had written to Her Majesty offering a cordial welcome to her son and heir in the event of the latter extending his visit to the United States. Her Majesty had replied accepting the invitation, and accordingly, when His Royal Highness had completed his tour through the western peninsula of Canada, he passed over to the States at Detroit. Thence he proceeded through the principal cities of the Union, and visited the President at Washington early in October. In the republic, as in Canada, he was treated as an honoured guest. The Duke of Newcastle expressed his belief that the Princes visit to the States had done more to cement the good feeling between the two countries than could have been effected by a quarter of a century of diplomacy. Subseuent events were soon to put this alleged good feeling to the test, and, as will be seen, it

404 The Last Forty Years.

proved to be not deeply rooted. The Prince bade adieu to America on the 20th of October, when he embarked at Portland for Plymouth, whither he arrived, after a long and tedious voysrge, on the 15th of November.

Our land had been blessed with another abundant harvest, and the year had also been marked by a steady improvement in trade. The Province had by this time surmounted the crisis of 1857. Business was brisk, and the general outlook was decidedly encouraging. The question of a Federal Union continued to make itself heard from time to time, one of its most eloquent advocates being Mr. McGee, who still acted in unison with Mr. Brown. As the year drew towards its close the famous Anderson extradition case attracted a good deal of attention on both sides of the Atlantic, and even threatened, for a time, to produce a conflict of authority between the courts of law in Canada and those of Great Britain. The case arose out of the following circumstances. On th: Z8th of September, 1853, a coloured slave named John Anderson, in escaping from bondage, in Howard County, Missouri, slew one Seneca T. P. Diggs, who sought to capture him with the intention of delivering him over to his master. The slave made good his escape, and in course of time reached Canada, where, on the 30th of April, 1860-—between six and seven years after the event—he was recognized by a slave-catcher who had tracked him hither. He was straightway arrested for the alleged murder, with a view to his extradition under the Ashburton Treaty. His cause was at once taken up by the public and the press of Canada. Meetings were held in various parts of the Province, and funds were liberally subscribed to test the legality of his proposed extradition. The excitement soon spread to the United States, and even to Great Britain. In’the following Michaelmas Term the prisoner was brought up on a writ of kabeas corpus before the Court of Queen's Bench, at Toronto, where the case was argued with consummate ability on both sides.

The Eve of Confederation. 405

Sir John Beverley Robinson, Chief Justice of the Court, decided that the prisoner must be surrendered. Mr. Justice McLean, one of the puisné judges, dissented from this view. He held that the prisoner was entitled to his discharge, upon the ground that slavery is not recognized by the law of Canada; that a slave who has escaped from bondage is entitled to defend himself, even to the death, against recapture ; and that the case under consideration did not come within the provisions of the treaty. As the other puisné judge, Mr. Justice Burns, concurred with his chief, the judgment of the Court was pronounced accordingly. The public voice was loudly raised against this decision, which was currently supposed to be a quasi-recognition of slavery. It seemed monstrous that a Canadian court of justice should pronounce a practical condemnation upon a man for merely opposing to the death an attempt to rob him of that liberty which is the common birthright of humanity. As matter of fact, the decision of the Court of Queen's Bench implied no such condemnation, and had no reference to the rights or wrongs of slavery, but was the result of a careful consideration of the terms of the treaty and the law applicable to the case. The friends of true liberty on both sides of the Atlantic, however, determined that the fugitive should not be delivered over to the lash of the slave-driver, and to probable death, until every available means of saving him from such a fate had been exhausted.

Application for a writ of habeas corpus was made to the Court of Queen's Bench at Westminster. After some hesitation the writ was

granted, but before it could be executed a similar process had issued

from the Court of Common Pleas in Canada. That Court did not find

it necessary to enter into the merits of the question, but discharged

the prisoner upon a technicality. The leading journals of England

and Canada devoted much space to discussing the question of juris-

diction of the courts at Westminster and Toronto respectively, and

there was a manifest disposition on the part of the conductors of

406 The Last Forty Years.

the legal periodicals in this Province to tolerate no dictation from the English tribunal, A succession of articles also appeared in some of the secular journals to a similar purport; but the discharge of the prisoner rendered unnecessary the further continuance of the discussion.*

During the autumn of 1860 several changes of more or less importance occurred in the composition of the two branches of the Legislature, by reason of the biennial election of Legislative Councillors which then took place. Mr. Merritt, who had represented the constituency in which he resided ever since the Union, resigned his seat in order to admit of his being elected to the Upper House for the Niagara Division. He was returned by acclamation, and he continued to sit in the Legislative Council for that Division until his death, in July, 1862. His successor in the representation of Lincoln in the Assembly was Mr. John Charles Rykert. Mr. A. J. Fergusson-Blair,+ who had respectively represented Waterloo and South Wellington in the Assembly, but who for several years past had remained out of public life, was elected to the Upper House for the Brock Division. Malcolm Cameron was returned for the St. Clair Division, and was succeeded as Lambton’s representative in the Lower House by Mr. Hope F. Mackenzie. Mr, Letellier,t a former representative of Kamouraska in the Assembly, was returned for the Grandville Division. Another change, not due to the biennial election, may here be noted. Colonel Prince, by accepting an appointment as Judge of the District of Algoma, had vacated his seat in the Legislative Council, where he had represented the Western Division ever since 1856. The vacancy was filled by the election of Sir Allan MacNab. The knight had been created a baronet soon after his retirement from the Ministry in 1856, and during the following year he had withdrawn from the representation of Hamilton in the Assembly. He had not since taken any part in public life, but

* See post, p. 408, and note (f). + Ante, pp. 133, 134, + Ante, p. 254.

The Eve of Confederation. 407

had spent a considerable part of the interval in England, where he had intended to pass the remainder of his days, and where he had been an unsuccessful candidate for a seat in the House of Commons. He had returned to Canada in the spring of 1860, and upon Colonel Prince’s acceptance of the judgeship, Sir Allan was prevailed upon to become a candidate for the seat thus rendered vacant. Before the election he received the honorary rank of a Colonel in the British army, and was appointed an honorary aidede-camp to the Queen.* When the election came off in November he was returned at the head of the poll, and he in due course took his seat in the Upper House, where we shall erelong meet him once more.

On the 12th of October the Governor-General, having made arrangements to pay a second visit to England, temporarily committed the administration of affairs to the hands of Lieutenant-General Sir William Fenwick Williams, the gallant hero of Kars, who hañ succeeded to the post of Commander of the Forces. His Excellency was absent from the Province somewhat more than three months, and did not resume charge of the Government until the 22nd of February following. Commerce continued to thrive throughout the Province, and at the setting-in of the year 1861 the land was in a full tide of prosperity. Meanwhile the dark cloud which had long been hovering over the United States began to give out unmistakable symptoms of having nearly reached the bursting point, and ere the Canadian Parliament met to hold its next annual session the republic was already on the brink of the most terrible rebellion the world has ever seen. The conflict was destined to produce important results in Canada, but at this early date results were very dimly foreseen, and though we all felt an interest in the impending struggle,

*Similar dignities were at the same time conferred upon Sir Etienne Pascal Taché—heretofore known to us as Colonel Taché—and in the capacity of aides-de-camp both gentlemen attended the Prince of Wales during his progress through the country in the summer and autumn.

ne D TES A

408 The Last Forty Years.

DLONR ER

we failed to realize its full significarrce, and had little idea that it would be prolonged beyond the ninety days which were currently assigned as its utmost duration. Our people entertained wide differences of opinion as to the merits of the struggle, but there was an unquestionable preponderance of what was termed ‘Southern sympathy,” accompanied by a corresponding sentiment of hostility towards the cause of the North. As will presently be seen, only à few months were to elapse ere an unlooked-for complication was to intensify this latter sentiment to an uncommon degree,

The Sixth Parliament assembled at Quebec for its fourth and last session on the 16th of March, 1861. Reference was made in the opening Speech to the abundant harvest of the preceding year, to an acknowledgment by Her Majesty of the loyalty which had been displayed towards the Prince during his visit, and to the promulgation of the Consolidated Statutes of Upper and Lower Canada.* Attention was also directed to the service in Canada of a writ issued by the Court of Queen's Bench in England,+ and his Excellency announced that he had been advised to represent to the Home Government the expediency of preventing, by legislation in Great Britain, any possible conflict of jurisdiction.t Long and acrimonious debates arose in the Assembly on the Address in Reply, and various amendments embodying practical censure upon the Ministry

* Commissioners for the consolidation of the statutes of the two sections of the Province, as well as those of the Province at large, had been appointed in 1856. Those appointed to deal with the statutes of Upper Canada and Canada respectively completed the consolidations in 1859, when their labours received legislative sanction, The Commissioners for the Lower Canada statutes did not conclude their task until January, 1861, when Les Statuts Refondus du Bas-Canada were brought into force by virtue of an enabling Act of the preceding session.

+In the Anderson case,

The suggestion was acted upon in 1862, when the Imperial Parliament passed an Act (25 Vic., c. 20) pioviding that no writ of habeas corpus shall issue out of any court in England to any colony or foreign dominion of the Crown in which any courts exist having power to issue and ensure the due execution of such writs,

The Eve of Confederation. 409

were proposed. Mr. Thomas R. Ferguson, member for South Simcoe, moved an amendment expressing regret that, owing to the unwise counsel tendered to the Prince of Wales, the feelings of large classes of Her Majesty’s subjects had been insulted, their rights ignored, and much political and religious excitement engendered, “ detrimental alike to the peace of the country and that full and unreserved equality of the rights and privileges which all classes of the people should constitutionally enjoy.” Mr. Macdougall moved an amendment on the same subject, but still more directly expressive of censure upon the Government. The persons who were said to have been insulted were the Orangemen, who had not been allowed to pay their respects to the Prince in their own way ; and the persons whose rights were said to have been ignored were the Freemasons, who had been invited to lay the corner stone of the Parliamentary Buildings at Ottawa with masonic honours, but had not been permitted to do so. The supporters of these amendments were confined to a few members of the Upper Canadian Opposition, though several Lower Canadians, in the course of their remarks in the House, expressed

opinions to the effect that the Ministry were responsible for the ill-feeling that had been produced in the country. The Govern-

ment, however, repudiated all responsibility for the acts of the Duke

of Newcastle, who had had charge of the Prince of Wales’s expedi-

tion. “Our duty,” they said, in effect, “is to advise the Governor-

General on the affairs of the Province, and we do not profess to

interfere in matters of Imperial diplomacy. The Prince, during his

stay in Canada, was the Queen's representative. He was sent over

here accompanied by an Imperial adviser, by whom he was guided,

and who alone is answerable for what was done.” The votes on

the two amendments stood 85 to 14 and 71 to 29 respectively in

favour of the Ministry. Another amendment moved by Mr. Ferguson assertive of the Representation by Population principle obtained

38 supporters out of a House of 110. Still other amendments by 27—2

# AREA & $: £