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The Birth of the Dominion. 461

in cruising up and down the river, eutting off any boats that might attempt to escape, and communicating between the forces advancing from Chippewa and from Fort Erie”’ The plan was telegraphed to Colonel Peacocke at Chippewa, but Dennis and Akers did not wait for his approval.* They started from Port Colborne at four in the morning, on the tug Robb, taking with them the Welland Garrison Battery and a part of the Dunnville Naval Company. Soon after their departure Booker received a telegram from Colonel Peacocke expressing disapproval of the proposed modifications, and enjoining adherence to the original plan. It was too late to recall Dennis and Akers, but Booker resolved to fulfil his instructions as far as possible, and being apparently determined not to be too late on the ground, he placed his men on board the train and started from Port Colborne about five in the morning. He procceded by rail as far as Ridgeway, where he left the train, with his forces, and proceeded on foot in the direction of Stevensville, Meanwhile, O’Neil had moved his forces westward, his object doubtless being the destruction of the locks on the Welland Canal. His movement “2re neither known to nor suspected by Colonel Booker, who, greatly to his astonishment, encountered the enemy’s outposts about two miles from Ridgeway. After a hurried consultation with Major Gillmor, who was in command of the Queen's Own, it was resolved to assume the offensive, more especially as it was believed that Colonel Peacocke must be very near. The volunteers advanced promptly at the word of command, and so valiantly did they

* The only way in which their conduct can be accounted for is, that they were 80 vonfident that Colonel Peacocke would at once fall in with their plan of operation in lieu of his own, that they never, for one moment, calculated that his answer would be in the negative. ”—T'he Fenian Raid at Fort Erie, ete., by Major (now Lieut.-Col.,) George T! Denison, Jr. Toronto, 1866. This little work contains what is beyond comparison the best published account of the affair from a purely military point of view. The more comprehensite account by Mr, Alexander Somerville, published at Hamilton in 1866, also contains a great mass of valuable details, as well as some scathing criticism on the defective equipments for the campaign. The writer of these pages cheerfully acknowledges his obligations to both the above-mentioned narratives,

462 The Last Forty Years.

demean themselves that they actually succeeded in driving back the enemy’s advanced line for some distance. Considering that this was effected by raw levies, for the most part made up of young collegians and clerks, it was a gallant achievement, and for a time it seemed as though the volunteers would sweep all before them. But, while all was going thus favourably, a telegram from Colonel Peacocke was placed in Booker’s hands. It had been forwarded from Port Colborne by a special messenger, and its contents were not of a nature to cheer the officer to whom it was addressed. It instructed him to delay his departure from Port Colborne for two hours, as the regulars could not start from Chippewa so early as had been expected. This message, of course, had been intended to reach Colonel Booker before his departure from Port Colhorne. Instead of delaying his departure two hours, he had octually started earlier than had been specified, thereby disturbing Colonel Peacocke’s calculations by at least three hours. Booker doubtless took in the situation, and perceived that no present assistance was to be looked for from the regulars. Just then an alarm was heard to the effect that cavalry were approaching, and he crdered Major Gillmor to form his battalion into a square. This would have been the proper course had the report as to the approach of cavalry been well founded. But as matter of fact there were no cavalry, and the formation of a square made a conspicuous target for the Fenians. The latter were quick to seize the advantage, and their bullets whistled fast and thick among the ranks of the devoted Canadian volunteers. It soon became evident that there had been à false alarm, and Major Gillmor endeavoured to extend his regiment, which he partially succeeded in eff :ting, but the rear portion, galled by the hot fire of the enemy, gradually fell back, and could not be re-formed. The order was then given to retire, Yet a few moments, and the volunteers were in full retreat, which was continued all the way to Port Colborne. The Fenians followed

The Birth of the Dominion. 463

for a short distance only. Our loss was one officer and eight men killed, and six officers and twenty-five men wounded. The Fenian loss has never been ascertained, but it could scarcely have been less than our own.

O’Neil did not think proper to pursue the temporary advantage

he had gained. Hearing that Colonel Peacocke and a body of regular troops were advancing against him, he fell back on Fort Erie. Colonel Dennis and Captain Akers, with the artillerymen, had meanwhile landed there and picked up about sixty stragglers, some of whom were Fenians and others mere camp-followers. O’Neil soon recaptured the village, but did not succeed in setting free the prisoners, who had been secured on board the tug. During the ensuing night he and his forces, dreading the expected arrival of the regulars, made the best of their way back across the river, but before they could disembark they were arrested by the United States authorities, and prevented from indulging in any further demonstrations for the time. On Sunday morning Colonel Peacocke and his forces reached Fort Erie, too late to inflict punishment upon the main body of Fenians, but in time to capture a few stragglers in the neighbourhood. These, together with the prisoners on board the tug, were sent to Toronto and lodged in gaol.

During the following autumn and winter they were tried under an

old statute passed at the time of the Canadian Rebellion, whereby

subjects of a foreign state entering this country for the purpose of levying war were rendered liable to the penalties imposed by the

Act, Many of the prisoners were discharged for want of evidence,

Others were convicted and sentenced to death, but the sentences were afterwards commuted to imprisonment in the Provincial Penitentiary, and not one of them suffered the extreme penalty of the law.

Such, in brief, is the history of the Fenian raid upon the Niagara frontier in June, 1866. There were other demonstrations of a

464 The Last Forty Years.

similar character in the course of the month, and each had a somewhat similar ending. A horde collected at Ogdensburg, professedly for the object of crossing over to Prescott, and thence to Ottawa, the Provincial capital. The massing of a number of troops on the Canada side,however, and the patrolling of a British gunboat in the St, Lawrence, put an end to the operations of the Fenians in that neighbourhood. The latter subsequently gathered in considerable force opposite Cornwall, but the concentration of a strong body of volunteers there caused them to abandon their designs in that quarter also. About 1,800 of them then collected at St. Albans, Vermont, whence, on the 7th of June, they passed over into Canada; but the advance of troops against them sent them flying back across the border, where a number of their leaders were arrested by American officials for breach of the neutrality laws. The United States authorities, impressed by the urgent representations of the British Minister at Washington, had by this time become alive to the necessity of doing their duty. The President issued a proclamation requiring all officers of his Government to exert every effort for the repression of further attacks on Canada. General Meade was despatched to the frontier, where he took possession of all the Fenian arms and munitions of war that he could find, arrested the ringleaders, and sent the rank and file to their homes in New York city and elsewhere. Quietness was soon restored all along the frontier. ‘The expense to the Province of the several operations of these marauders was heavy, but the mere pecuniary loss was felt to be a very small affair as compared with the loss of à number of precious lives. Canada testified her sorrow by raising an imposing monument in the Queen's Park, Toronto, to the memory of those who fell in her defence, and by awarding pensions for the support of the widows and orphans who mourned their loss,

On the 8th of June, while our country was yet disturbed by the excitement incidental to this series of petty invasions, the last session

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The Birth of the Doninion. 465

of the Provincial Parliament met at Ottawa. The opening Speech announced his Excellency’s expectation that the measure of Confederation would shortly be carried into effect, and that the next assembling of Parliament would be participated in not only by representatives of Canada, but by those of all the colonies of British North America. Two Acts were hurried through both Houses in time to admit of his Excellency’s assenting to them before his withdrawal after the delivery of the Speech from the Throne. One of these suspended the Habeas Corpus Act for a year, and the other provided for the protection of Lower Canada against further unlawful foreign invasion. The session lasted till the 15th of August. A series of resolutions was passed defining the constitutions of Upper and Lower Canada, under the proposed measure of Confederation. These resolutions were subsequently embodied in the Imperial Act, which will presently be considered. The session was also marked by a good deal of important legislation. Prominent among the Acts passed was one making various changes in the Provincial tarif. The articles which, under the Act of 1859, were liable to a duty of twenty per cent., were now made liable to a duty of fifteen per cent. only; and a number of commodities which up to this time paid twenty-five per cent.—including boots and shoes, harness, saddlery and ready-made clothing—were also placed at the low rate of fifteen per cent. With a view to the encouragement of domestic productions, many articles used for manufacturing purposes were placed on the free list, and the deficiency thereby created was made up by an increased impost on whisky. A Code of Civil Procedure for Lower Canada, which had been prepared with much care and labour by commissioners appointed for the purpose, was also adopted by the Legislature, A few days before the close of the session Mr. Galt resigned his place as Minister of Finance, together with his seat in the Cabinet, in consequence of certain complications arising out of a Bill introduced by Mr. Langevin respecting education in Lower Canada, The ex-

466 The Last Forty Years.

Minister announced, however, that he was still prepared to support the general policy of the Administration. The portfolio of Minister of Finance was soon afterwards accepted by Mr. Howland, who was succeeded as Postmaster-General by Mr. Langevin. The office of Solicitor-General vacated by the gentleman last-named was for some months thereafter allowed to remain untfilled.

The Confederation project had meanwhile been considerably advanced in New Brunswick and Nova Scotia. In the former there had been another appeal to the people, and the advocates of Confederation had won the day. In Nova Scotia the scheme had encountered serious opposition, but had finally been carried by a considerable majority in the Local Legislature. Prince Edward Island still continued hostile, and Newfoundland listless. Canada, Nova Scotia and New Brunswick accordingly determined to proceed with the scheme on their own account, leaving the two Island Provinces to follow at their leisure. In November (1866) à Canadian deputation, consisting of Messieurs (J. A.) Macdonald, Cartier, Galt, Howland, McDougall and Langevin, repaired to England, whither they had been preceded by representatives from each of the other two Provinces interested. The Nova Scotia delegates were Messieurs Tupper, Henry, Archibald, McCully, and the present Chief Justice of the Supreme Court of the Dominion, Sir William

| Johnston Ritchie, who was then Solicitor-Gencral of the Province. The New Brunswick representatives were Messieurs Tilley, Fisher, Mitchell, Johnston and Robert Duncan Wilmot, the last-named gentleman being the present Lieutenant-Governor. All the delegates assembled at the Westminster Palace Hotel on the 4th of December, when Mr. Macdonald was elected chairman, and the Conference was duly organized. Lord Monck reached London from Canada during the month, and lent his assistance to the delegates, as well as to the Imperial Government.* The Conference sat until the 24th of

* During his absence from Canada Sir John Michel again took the direction of public affairs in this country.

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The Birth of the Dominion. 467

December, by which time all the important details had been discussed and finally adjusted. (Certain concessions were made to the Maritime Provinces, and various modifications were made in the resolutions passed by the Quebec Conference in 1864, but the project remained in all essential respects unchanged. In conjunction with the Imperial iaw officers, the Conference then prepared certain draft Bills, which were subsequently amalwamated into a harmonious whole, and submitted by the Imperial Government to Parliament, which met on the 5th of February, 1867. On the 29th of March following, the amalgamated Bill, having passed through all its stages in both Houses, received the royal assent. A fortnight later—on the 12th of April—another Imperial Act was passed authorizing the Commissioners of the Treasury to guarantee interest on à loan not exceeding £3,000,000 sterling, for the construction of an intercolonial railway between Halifax and the St. Lawrence. This project, which had been so many years under discussion, had at last become a political necessity, and could no longer be postponed. The colonial delegates, having accomplished the objects of their mission, returned to their homes. Her Majesty was empowered to give effect by proclamation to the Confederation Aet—technically known as “the British North America Act, 1867 ” —and in accordance with this provision à royal proclamation was issued at Windsor Castle on the 22nd of May, appointing the first of July following as the date upon which it should come into force. The Act provided that the three Provinces theretofore known as Canada, Nova Scotia and New Brunswick, should form and be ONE DoMINION, under the name of CANADA. The Dominion was divided into four Provinces, named Ontario, Quebec, Nova Scotia and New Brunswick; the boundaries of Ontario and Quebec corresponding with those of the old Provinces of Upper and Lower Canada, and the boundaries of Nova Scotia and New Brunswick remaining unchanged. The executive authority and the command of all

468 The Last Forty Years.

naval and military forces were continued and vested in the Queen and her successors, represented by the Governor-General or other chief executive officer or administrator for the time being. Provision was made for the constitution of a Council, to be styled the Queen's Privy Council for Canada, to aid and advise in carrying on the Government. The members were to be chosen by the Governor- General, and to be removable at his pleasure. Ottawa was declared to be the Seat of Government until the Queen should otherwise direct. The legislative power was vested in à Parliament, consisting of the Queen, an Upper House called the Senate, and a House of Commons. It was declared that there should be a session of Parliament once at least in every year, so that twelve months should not elapse between session and session. The elective system introduced by the Act of 1856 with respect to members of the Upper House was abandoned, and it was provided that the Senate, to consist of 72 life members—24 for Ontario, 24 for Quebec, and 12 for each of the two Maritime Provinces—should be appointed by the Crown. Provision was made for increasing the membership, but the number was at no time to exceed 78.* With respect to the House of Commons, the principle of Representation by Population was adopted. The basis chosen for the original adjustment was the census of 1861; but it was provided that there should be à readjustment in 1871 and every ten years thereafter, upon the taking of the periodical census.f The representation of the Province of Quebec was permanently fixed at 65 members, and that of each of the other Provinces was to bear the same relation to the population thereof that 65 should from time to time bear to the

* But by the final clause of the Act it was provided that the number might be extended to 82 in case of the admission of Newfoundland. The contingency has not arisen, but the increase to 78 has taken place in consequence of the admission of Prince Edward Island, Manitoba and British Columbia

+ Under this provision there have been two readjustments consequent upon the censuses of 1871 and 1881. See Dominion Statute 35 Vic. (1872) c. 13 ; also the Act cf last session 45 Vic. (1882) c. 3.

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