DCE UNE DÉS D ENS OU ENT TPE

446 The Last Forty Years.

The Conference lasted until the 28th of the month. Resolutions embodying the principal points of confederation, but differing in some material respects from those which finally formed the basis of Imperial legislation, were adopted. The deliberations having been brought to a close, the delegates from the Maritime Provinces were hospitably entertained in some of the principal Canadian towns, after which they repaired to their homes. Each body of Provincial delegates stood pledged to use their utmost endeavours to secure the concurrence of their respective Levislatures in the project which had been adopted.

Certain depredations committed by Southern refugees during the autumn caused a good deal of temporary excitement in Canada, and did not tend to improve the far from cordial feeling that existed between us and our neighbours across the lines. During the progress of the Great Rebellion many Southerners found Canada a more congenial place of abode than their own land. They met with much friendliness and sympathy, for—more especially since the Trent affair—Canadians generally favoured the Southern cause. As that cause grew more and more desperate, its adherents became reckless, and formed various plots with a view to the discomfiture of the North. Some of these plots doubtless had their origin in an undisciplined and misdirected patriotism. Others would seem to have been dictated by a spirit of downright spoliation and robbery, and our country was made the base of operation of some of the least justifiable. The contiguity of Canada to the States facilitated the machinations of the plotters, and the strong sympathies of the Canadian people seemed to promise immunity from punishment. During the summer of 1864 a scheme was arranged by a number of the refugees for the capture of some of the steamers plying on Lakes Erie and Ontario, and belonging to American merchants. In September two vessels were actually seized and partly plundered. A few weeks later a raid was made on St. Albans, a little town in

The Birth of the Dominion. 447

Vermont, near the frontier, by twenty-three Southerners under the command of Bennett H. Young, an ex-Confederate soldier. The raiders plundered three of the local banks, shot one of the cashiers, and escaped to Canada with $233,000 “ooty. This was a proceeding which the Canadian authorities could not ignore. Companies of volunteers were distributed along the frontier to prevent any further breaches of the neutrality laws, and fourteen of the culprits were arrested at the instance of the American authorities, who demanded their extradition under the Ashburton Treaty. Judge Coursol, of Montreal, before whom the enquiry took place, discharged the prisoners from custody on technical grounds. About $90,000, being part of the cash plundered at St. Albans, had been found upon their persons at the time of their arrest. This was now returned to them, but eventually had to be accounted for and paid by the Canadian Government. After their discharge by Judge Coursol, several of them were re-arrested and tried before the Superior Court at Montreal. It was claimed on their behalf that they had throughout acted under instructions from the Confederate Government. The Court decided that they were belligerents, and as such not amenable to extradition under the charge as instituted. They were accordingly once more set at liberty early in the spring of 1865. The American Government declined to press the matter further, but the Canadian authorities had several of them re-arrested and sent to Toronto, to be tried for a breach of the neutrality laws. Public opinion in Montreal was so decidedly in favour of the Southerners that it was believed an impartial trial was not to be had there ; and to that belief the action of the Government in changing the venue was doubtless attributable. After examination before the Recorder of Toronto, all the prisoners except Young were discharged from custody for want of suflicient evidence to justify their detention. Young was formally committed for trial, but was admitted to bail. After some months of delay a nolle prosequi was entered in the case ; and that was the last of the St. Albans Raid prosecutions.

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448 The Last Forty Years.

During the month of November, 1864, Mr. !owat, having accepted a seat on the judicial bench as one of the Vice-Chancellors of Upper Canada, ceased to be a member of the Government. It was necessary that his successor should be some one high in the confidence of the Upper Canadian Reformers, and after careful consideration, Mr. W. P. Howland was chosen to fill the Postmaster-Generalship. He had gained ministerial experience as Minister of Finance in the Macdonald-Sicotte Government, and as Receiver-General in the Macdonald-Dorion Government ; and he was moreover known as a man of high character and sound judgment. His appointment to office was well received by the country at large, and he was reëlected by acclamation for his constituency of West York.

No other event of special public interest occurred until the meeting of Parliament on the 19th of January, 1865, when the Governor, in his opening Speech, spoke strongly in favour of Confederation. He informed the Houses that the Home Government approved of the project, and would introduce the necessary legislation into the Imperial Parliament as soon as the several Provincial Legislatures should have declared their sanction. The session lasted nearly two months, the greater part of it being taken up by debates on the great scheme which, for the time, overshadowed every other. The strength of the Government was overwhelming, though the Opposition nambered in ‘‘- ranks some of the ablest men in Parliament, including Messieur, Dorion, Holton, Dunkin, Huntington and .$. Macdonald, The Address in Reply was carried in the Assembly at a single sitting, the only amendment being defeated by a vote of 64 to 25, This amendment, which was moved by Mr. A. A. Dorion, and seconded by Mr, Laframboise, was to the effect that the House did not desire to disturb existing political relations, or to create a new nationality, Only four of the minority represented Upper Canadian constituencies, Upper Canadian public opinion, indeed, was by this time almost unanimous in favour of Con-

The Birth of the !minion. 449

federation. In the Lower section of the Province there was a formidable Opposition, but Mr. Cartier’s influence—backed, as it was, by that of the priesthood—prevailed, and some of his speeches on the subject displayed a breadth of view for which the world had not previously given him credit.* The published debates of the session, on the subject of Confederation alone, occupy a volume of 1022 double-column imperial octavo pages. It is neither possible nor desirable to give even the briefest outline of them in the present work. It may be said of several of the speeches, however, that they would have been creditable to any assembly in the world, and that no Canadian can read them without a feeling of pride. Of the ministerial utterances, those of Messieurs Macdonald, Brown, Galt, McGee, and Cartier are worthy of careful study. Among those of the Opnosition, several are specially noticeable, but that of Mr. Dunkin, which occupied two days and two nights in delivery, was a veritable address per se. “ His speech,” says the author already quoted from at the head of this chapter, ‘“ was certainly the most elaborate and the most exhaustive of all the speeches either for or against the proposition, Every conceivable and almost inconceivable objection was taken and worked out to its extremest limit. All that a well-read public man, all that a strong party politician, all that an ingenious lawyer, all that a thorough sophist, a dexterous logician, a timid patriot, or a prophet of evil could array against the scheme was brought up and pressed with unflagging energy.”+ But all things mus& end sooner or later, and the

* Mr, Cauchon was also an important factor in moulding Lower Canadian public opinion in favour of Confederation, For some months his pen was busily engaged in depicting the advantages which must ensue from the proposed change, and his L'Union des Provinces de l'Amérique Britannique du Nord was an important contribution to the Lower Canadian literature on the subject. It was translated into English by Mr, G, H, Macaulay, and was widely read both in Canada and the Maritime Provinces,

+ Confederation, by the Hon. John Hamilton Gray, D.C.L., M.P.; Volume 1I., pp. 271, 272,

450 The Last Forty Years.

Corfederation debates of 1865 obeyed the universal law. On Friday, the 10th of March, a motion introduced five weeks before by Attorney-General Macdonald: “That an humble Address be presenteü to Her Majesty, praying that she may be graciously pleased to cause a measure to be submitted to the Imperial Parliament, for the purpose of uniting the colonies of Canada, Nova Scotia, New Brunswick, Newfoundland and Prince Edward Island in one Government, with provisions based on certain Resolutions which were adopted at a Conference of Delegates from the said colonies, held at the city of Quebec on the 10th of October, 1864:” was carried by a vote of 91 to 33.* A similar motion introduced by the Premier, Sir E. P. Taché, had been carried in the Legislative Council on the 20th of February by a vote of 45 to 15. In accordance with these proceedings, addresses were duly prepared and presented to Lord Monck for transmission to Her Majesty. On the 18th of March Parliament was prorogued, and during the following month a deputation consisting of four members of the Administration—Messieurs J. À. Macdonald, Cartier, Brown and Galt—proceeded to England te sonfer with the Imperial Wovernment, and generally to promote the scheme of Confederation.

In the Maritime Provinces the project had meanwhile encountered serious opposition. In New Brunswick a general election had just taken place, and had resulted in the return of a majority hostile to the proposed union, Nova Scotia also showed a disposition to remain aloof, and the Assembly of that Province adopted resolutions in favour of à union of the Maritime Provinces alone. Newfoundiland allowed the project to remain in abeyance ; and the Prince Edward Island Legislature not only passed resolutions antagonistic to Confederation, but even went the length of repudiating the action of the Provincial delegates at the Quebec Conference.

* 54 of the majority and 8 of the minority were Upper Canadian representatives, The remaining 37 of the majority and 25 of the minority were Lower Canadians, This analysis affords a tolerably correct indication of the state of public opinion in the two Provinces.

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The Birth of the Dominion. 451

Notwithstanding these discouragements, the Canadian Administration steadily persevered in the course upon which they had resolved. The four delegates to England received fresh assurances of Imperial concurrence in their plans. There was no thought of coercing the Maritime Provinces into accepting Confederation against their will, and their right either to accept or reject it was distinctly recognized by all parties concerned. An Imperial œuarantee of a loan for the construction of an intercolonial line of railway was obtained by the Canadian delegates. The latter were authorized to say that Canada would devote all her resources, both in men and money, for the maintenance of her connection with the mother country. The Imperial Government admitted the reciprocal obligation of defending every portion of the Empire with all the resources at their command, and undertook to complete certain fortifications at Quebec, as well as to provide all necessary armaments. The cession of the North-West Territories by the Hudson’s Bay Company was also taken into consideration, and measures were adopted to ascertain precisely what rights the Company possessed. The negotiations throughout were conducted with care and discretion, and the most important details of Confederation were fully discussed and settled, The delegates returned to Canada during the summer, and on the 8th of August Parliament met to receive and consider their report.

The American war had come to an end by the surrender of General Lee to General Grant at Appomattox in the preceding April The assassination of President Lincoln had followed in less than a week afterwards. Both these events naturally created à profound sensation in this country, and some anxiety was felt as to the policy of the new President, The general feeling entertained by the people of the United States towards Canada was far from kindly. They not unnaturally resented the succour and sympathy which had been extended to the Southerners. The formal notice required for the abrogation of the Reciprocity Treaty had been given sy the States,

452 The Last Forty Years.

and its operation would accordingly come to an end in March of the following year. The accession of President Johnson produced no change in the international relations, and the Government at Washington persistently refused to entertain any proposition for a renewal of the treaty.

On the 30th of July—a few days before the opening of Parliament —the Premier, Sir E. P. Taché, died, full of years ani honours. He had been unable to stand the excitement of ministerial life, and his health had begun to give way soon after his acceptance of office in the preceding year. His position had rendered it necessary that he should take a more or less active part in the deliberations of the Government, and, as has been seen, he had been chosen to preside at the Quebec Conference. Though he had subsequently kept as much as possible aloof from public duties, he had been unable to avoid a share of fatigue and labour, which had told seriously upon his already weakened system. The immediate cause of his death was an internal abscess. His successor in the Cabinet was Sir N.F. Belleau, who accepted office upon the understanding that the original policy of the Coalition Government should be carried out, with such modifications only as the obstructions offered by the Maritime Provinces had rendered necessary. The new Premiers entry into the Government was due to the influence of Messieurs J. A. Macdonald and G. E. Cartier, and was not specially agreeable to the three Reform members, who however accepted him as a colleague rather than imperil the success of their policy by internal disunion.*

* Without intending the slightest discourtesy to Sir Narcisse Belleau, we deem it right to remind you that we would not have selected that gentleman as successor to Sir Etienne Taché ; but as he is the selection of Mr. Cartier and yourself, and as we are equally with you desirous of preventing the scheme for the Confederation of British America receiving injury from the appearance of disunion among us, we shall offer no objection to his appointment."’— Letter of the Hon. Geo. Brown to the Hon. J. A. Macdonald, dated ôth August, 1805,

The Birth of the Dominion. 453

the | The short session which opened on the Sth of August was the no final session of the Canadian Legislature at Quebec. It lasted barely at six weeks, and was closed on the 18th of September. The minisfor terial strength was such that business was pushed through without effective opposition, and with very little delay. The report of the ent delegates to England was laid before the Assembly, and full explana- He tions were given respecting the negotiations which had taken place. his Correspondence between the Colonial Secretary and the Governorffice General on the subject of Confederation was also submitted. Indear y pendently of the discussions on the proposed union, the most ions | important proceeding of the session was the adoption of the Civil à to À Code of Lower Canada. The Commissioners appointed under the ntly Act of 1857 * had completed their labours, and all that remained to able . be done was to pass a measure bringing the result of those labours usly into operation. A Bill to effect this purpose was accordingly introhis À duced and carried through by Attorney-General Cartier, who made was \ a very able and effective speech on the subject. “He spoke,” says that one + who was present on the occasion, “ with the feeling of a man tried | who is conscious that he is placing the crowning stone on an edifice the | which has cost him years of labour and anxiety to build.” By virtue ier’s of the Act then passed, and of a proclamation subsequently issued eurs by the Governor under its authority, the code came into operation able | on the 1st of August, 1866.

as à Ten days after the adjournment of the session Lord Monck rnal deputed the temporary charge of the Administration to Lieutenant-

General Sir John Michel, Commander-in-Chief of the Forces, and set out on a visit to England, where he remained about four months.

rte The death of Lord Palmerston on the 18th of October, and the o are succession of Earl Russell as head of the English Cabinet, produced ps no change in the Imperial policy towards the colonies. Canada felt er no

onald, . — ES :

+ Ante, pp. 301, 352,

+ The late Mr, S, J, Watson. See l'he Cana lian Portrait Gallery, Vol, I., p. 79,

454 The Last Forty Years.

that England was with her on the Confederation question, and the adoption of that project, so far, at least, as Canada was concerned, was no longer doubtful. During the autumn the public offices were removed to Ottawa, where the Parliament Buildings were rapidly approaching completion. As a matter of convenience the Cabinet meetings were for a short time held at Montreal,

All through the year 1865 various rumours were afloat as to a contemplated invasion of Canada from the United States by the Fenian Brotherhood. The close of the Southern rebellion had set free a horde of turbulent spirits, many of whom were Irish by birth or extraction. Their experience in the American army had given them a distaste for the ordinary pursuits of life, and, under the direction of adventurous and unprincipled leaders, they had for some months past been forming plans for the liberation of Ireland from the “thraldom of the Saxon.” As a step in that direction they conceived the idea of making a descent upon Canada, and of making it the base of their operations against England. That they really expected to succeed in such an undertaking, with such means as they had at their command, seems almost incredible; but anything was better in their estimation than settling down to honest labour, and it was resolved that the enterprise should at any rate be attempted. They were permitted to make their preparations openly, and there was no pretence of secrecy as to their intentions, In Canada there was a disposition to treat the movement with contempt, but precautions were nevertheless taken, and volunteers were called out, who responded to the call with cheerful alacrity. Such was the state of affairs when the winter of 1865-6 was ushered in.

The most noteworthy event that marked the close of the year was the withdrawal of Mr. Brown from the Cabinet; an event which was consuminated on the 21st of December. The reason assigned for his withdrawal renders a brief explanation necessary. The impending termination of the Reciprocity Treaty with the

The Birth of the Dominion. 455

States was regarded with much anxiety by the mercantile community of Canada. It was inevitable that exports and imports should be seriously affected, and it was deemed very desirable that communications should be opened with South America and the West Indies, with a view to the establishment of new avenues of trade, A Commission, under the direction of Mr. McDougall, was appointed to effect that object. But it was still more desirable that a renewal of the treaty with the States should be obtained, and though the Washington authorities had hitherto refused to entertain any proposal to that effect, it was resolved that a further effort should be made. In compliance with a suggestion from the Home Government, a Confederate Council on Commercial Treaties had been formed at Quebec during the progress of the late session. It consisted of representatives of each Province of the proposed Confederation, and its members matured their plans in the course of the ensuing autumn. It recommended that a deputation should be sent to Washington to make a final attempt at renewal. The Government adopted the recommendation, and appointed delegates. The terms upon which the latter were empowered to negotiate formed the pretext for Mr. Brown's retirement from the Government. He found himself out of accord with his colleagues on the subject. He considered that Canada could exist without reciprocity, and that it was a mistake to exhibit eagerness by sending delegates to the American capital. His contention will be best understood by a short extract from his explanations to Parliament during the next session, when the Reciprocity Treaty had come to an end. “I was,” said he, “as much in favour of a renewal of reciprocity as any member of this House, but I wanted a fair treaty; and we should not overlook the fact, while admitting its benefits, that the treaty was attended with some disadvantages to us. I contend that we should not have gone to Washington as suitors for any terms they were pleased to give us We were satisfied with the treaty, and the American Gov-

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456 The Last Forty Years.

ernment should have come to us with a proposition, since they, not we, desired a change.”*

It seems to be generally understood that, though the reciprocity negotiations afforded a suitable pretext for Mr. Brown's retirement from the Ministry, te real ground was to be found in a deeper source—in the natural antagonism between men of diverse temperaments. Neither politically nor otherwise had he anything, beyond his manhood, in common with the other leading members of the Government. The inevitable friction produced by the contact of such opposites had been to some extent perceptible ever since the formation of the coalition. Mr. Brown doubtless felt that be and his two Reform colleagues were overweighted by the numerical odds against them in the Cabinet, and it was but natural that he should chafe under the consciousness that he was in a false position: a position where his influence was not commensurate with his abilities and his ambition. But such a state of things must surely have been foreseen, and the cost of the enterprise ought to have been fully taken into account before it was entered upon. There is room for difference of opinion as to whether Mr. Brown should have entered the Government in the first place, but there would seem to be no escape from the conclusion that, being once in, he ought to have endured a heavy tax upon his forbearance rather than resign, until the scheme of Confederation had been perfected.+ The acceptance of the scheme by the Government had been no mean triumph for him, but by deserting the ship in mid-ocean he deprived himself of much of the eclat which would justly have been his due had he assisted to steer her into port.

+ See the reports of the debate in the Assembly of June 15th, 1866.

+ “ Either he ought notto have joined the Government, or he ought not to have left it at that time. The people sustained him in the first ; they condemned him in the latter. The reason he gave no one accepted as the real reason, and his opponents did not hesitate to say that he left the Government because he was not permitted to be its master,” —Gray on Confederation, Vol. I., p. 329.

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The Birth of the Dominion. 457

Mr. Brown announced that he left the Government with no unkind feelings towards any member of it; but it was not long before he was once more in violent Opposition. He had doubtless at first counted upon being able to take his two Reform colleagues with him out of the Ministry. It was soon made clear to him that he would not be able to do so. Mr. Howland disapproved of the course of his leader, and resolved to remain in the Cabinet, The leadership of the Reform element therein was offered to him, and, after consultation with his friends, accepted. As for Mr. McDougall, he was absent from the country on a trade mission at the time, but upon his return he announced his approval of Mr. Howland's course, and his own determination to emulate that gentleman’s example by remaining in the Government. The Presidency of the Council, vacated by Mr. Brown's retirement, was offered to and accepted by Mr. Fergusson-Blair, whose constituents showed their approval of his acceptance by reëlecting him.

In the beginning of 1866 delegates were sent to Washington, as had been agreed upon, to make a final attempt to obtain a renewal of the Reciprocity Treaty. Their mission was a total failure, and no further attempt in that direction was made until several years after the accomplishment of Confederation. For several months before the expiration of the treaty in March, the Canadian railways and the international ferries were almost monopolized by outgoing produce, cattle and horses, which had been purchased by Americans in this Province. For all these commodities the Canadian sellers obtained good prices, and our country enjoyed certain benefits to counterbalance the disadvantages arising from the termination of the treaty. Our manufactures were stimulated, an impetus was given to our foreign trade, and Confederation itself was to some extent promoted.

Meanwhile the Fenians on the other side of the boundary-line

continued their preparations, and announced a series of combined 30—2

458 The Last Forty Years.

movements upon Canada, to take place on St. Patrick’s Day, the 17th of March. Provision was made for their reception, but the appointed time passed by without any attempt on their part. In April a Fenian demonstration was made on the frontier of New Brunswick, but it was a very insignificant affair, and was abandoned almost as soon as entered upon. All through the spring and early summer, however, it was evident that a more serious attempt would sooner or later be made. Towards the end of May the filibusters began to mass their forces at several points, more especially at Buffalo, whence they imenaced the Niagara frontier. A little before midnight of the 31st of the month, about 900 of them, under the command of an Irish-American named O’Neil, repaired to Black Rock, where boats had been provided to convey them across to the Canada shore. Before daylight on the following morning they landed without opposition about a mile below the village of Fort Erie. Arms were distributed among them, and pickets were thrown out in every direction. They advanced upon and took possession of the village, demanded rations, and vainly invited the coôperation of the inhabitants. During the day—the 1st of June— they destroyed a portion of the Grand Trunk Raiïlway track, burned a bridge, and cut the telegraph wires. They appropriated all the horses and provisions they could lay hands on, but did not otherwise maltreat the inhabitants. Early in the forenoon the United States gunboat Michigan began to patrol the river, avowedly to prevent any further breaches of the neutrality laws ; but its commander did not attempt to interfere with small boats which crossed and recrossed all day, whereby O’Neil received additional stores and reinforcements.

The news that a horde of marauders had landed on our soil aroused a feeling of burning indignation from one end of the Province to the other. All classes of the community shared in the feeling, and in the patriotic enthusiasm which accompanied it. Had

The Birth of the Dominion. 459

the military experience and capacity of the Canadians been commensurate with their ardour at this juncture, very few of O’Neil’s myrmidons would ever have found their way back across the Niagara river. But no suitable provision had been made by the military authorities for such a contingency, and it was inevitable that there should be a deficiency of proper equipments, as well as a want of harmony in the arrangements. The nearest regular troops to the point of invasion were stationed at Hamilton and Toronto. They were at once despatched to the Niagara peninsula by Major- General Napier, Military Commander of the District. The services of the volunteers were also called into requisition. Lieutenant- Colonel John Stoughton Dennis, Brigade Major, received orders to call out six hundred of the Toronto force. Major Gillmor, of the Queen's Own, supplied nearly all the complement demanded, and they, with the 13th battalion, of Hamilton (under the command of Lieutenant-Colonel Alfred Booker), and other volunteer corps, were sent to Port Colborne to protect the Welland Canal. The entire expedition was under the direction of Colonel George Peacocke, of the 16th Regiment, who accompanied the regulars to Chippewa, where he was soon afterwards joined by the Governor-General’s Body Guard, the 10th Royals, and several small companies of volunteers. It is admitted on all hands that this gentleman was a capable and gallant officer, but he suffered from the disadvantage of not being familiar with the topography of the frontier, and of being unprovided with any map sufficiently minute to be of essential service.*

Having arrived at Chippewa, Colonel Peacocke was not long in

maturing his plans. He resolved upon effecting a junction of his

forces with those at Port Colborne, the junction to take place on

* (For the want of proper topographical information it seems difficult to find an excuse. It is as essential to the defence of a frontier as ammunition is to the discharge of a firearm ; and the attainment of it falls as much within a legitimate military expenditure as the preliminary drilling of a body of men.”—Gray on C'onfederation, p. 362,

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