COMPAGNIES DE MILICE ACTIVES OU VOLONTAIRES

XXI. — La milice active de la province en temps de paix se composera de corps volontaires de cavalerie, de batteries d'artillerie de campagne, de compagnies d'artillerie à pied et de compagnies d'infanterie armées comme carabiniers, qui seront formés aux endroits qui seront désignés par le commandant-en-chef, mais qui n'excéderont pas en totalité seize corps de cavalerie, sept batteries d'artillerie de campagne, cinq compagnies d'artillerie à pied, et cinquante compagnies de carabiniers : tous ces corps volontaires n'excédant pas en tout cinq mille officiers et soldats.

APPEL DE LA MILICE

LU. — Le commandant-en-chef aura plein pouvoir d'appeler la milice ou aucune partie d'icelle toutes les fois que dans son son opinion il sera à propos de le fa:'re, par raisons de guerre, invasion ou insurrection ou danger imminent d'aucune des dites causes.

LXVI. — La milice ainsi appelée pourra être dirigée vers toute partie de la province ou toute place hors de la province mais contiguë à icelle, où l'ennemi pourra se trouver, et d'où l'on pourra craindre une attaque contre cette province.

Débats sur la Loi de 1855 (l)

Le 20 mars 1855:—

Sir ALLAN MACNAB:. . . .It was not too much that at a time when the mother country was engaged in defence of the libertles of Europe, that this country should take upon itself some such provisions for its own defence if danger should arise, and for the security of order within its own boundaries (205)

Hon. Mr. MERRITT : He believed no necessity existed now for any warlike préparations. The only country from whom any danger could be apprehended was the United States, and we were never on better terms with that country than now . . (205)

(1) Extraits des "Parliamentary Debates", 1854-1855 (compilés de divers journaux). Le chiffre de la page est indiqué après chaque citation.

Sir ALLAN MeN'AB: If war was unfortunately to break out at any tlme witb

thc United States, they would be ashamed of themselvcs to allow thc mother country to bave ail the burden of the defence of the Provinces, espccially now when she wasfighting the battles of freedom and civilisation in Europe (205)

Mr. HOLTON : First, it threw ail the burdens of indépendant sovereignty on thc

province without the rights and privilèges. It proposed to tax the people to support a force over which they would havc no control — to carrying on warlike opérations, in the adoption of which they had no voice. It placcd thc control of ail this in the hands of an irresponsible Executive, giving a Government appointed by a power 4000 miles away the power of the same, and hands over the power of the purse, by which in England

that other power was ch-cked, to the same hands And he doubted

very much whether the yeomanry of the country were prepared to become soldiers, and go out of the country to fight the battles of a quarrel in which they had no voice, at the bidding of an executive officer wholly irresponsible to them (205)

Mr. HINCKS: The référence by the Member for Lincoln (1) to the Militia Law of

1808, was beside the question. Then the Impérial Government furnished amis and accoutrements, and very properly, becanse the country was involved in a war cntirely irrespective of the will of the people of the country; so she would again under simllar circumstances ; but now the circumstances were différent, and the people must défend

themselves (206)

The honorable member for Montréal (2) had said that the burdens of indepeadent sovereignty were thrown on the province, while we had no means of making our voice heard for or against peace or war. But there was nothing in this meastire to warrant the gentleman in saying that wc assumed thèse burdens. Mr. HOLTON : — Was not the province to pay for the Militia? Mr. HINCKS: — Certainly: to pay the expense of our own Militia. Mr. HOLTON : — For service abroad.

Mr. HINCKS : — Well he was quite rcady to join the honorable member in takinr ont anything that might seem to impose the payment of an army to go abroad... (206.)

Mr. GALT : The great resuit intended by the administration was the création

of a volunteer force that might be made available for purposes foreign to the interests of this province (207)

At the saint time it provided, that in case of war with the United

States — which though it would déluge the country with blood, might arise out of a quarrel in which wc had no concern — it provided, he said, that we were to be at the expense of keeping a militia under arms. He did not believe that Great Britain could hâve asked this colony to incur ail thèse expenses entailed by a war with the United States, and even after the war to pay for the relief of ail that may suffer in the conflict (207)

Mr. POWELL After replying to Mr. Wilson's defence of Mr. Holton, he denied

that the bill gave any authority to compel the Militia to serve abroad, though it was true they were to attack the enemy if found close to the frontier, and the measure would hâve been obviously imperfecx (208)

Mr. RANKIN : — Mr. Rankin supported the bill, which, so far from a Tory, he regarded as a natural [national?] measure, and onc which led him to look forward to the time when ail the North American Provinces being united together, we might be not annexed to the United States, but an indépendant nation, separated from England only by peaceful means and with mutual good will. He looked upon this as a most important step, because it threw the Province upon its own resources to défend herself, as ail other countries are obliged to do (208)

(1) Mr. Merritt.

(2) Mr. Holton.

Le 21 mars 1855:—

Mr. RHODES : — Mr. Rhodes thought that the volunteers should not be considérée «o much a war force, as supplementary to the police intended to secure order within

the country It would not only enforce obédience *o law upon our own people, but

it would makc others respect our liberties also. He should himself oppose that clause in committee giving the right to send the force ont of the Province, as the militia force vras everywhere regarded as a peculiarly défensive force (208)

Hon. J. S. McDONALD: But the measure calling upon us to arm ourselves in

our own defence, and pay for our own defence, went far to show a disposition to leave us to ourselves. We had always heretofore felt that in time of danger or difficulty the strong arm of Britain would be stretched forth to support and assist us, and that her treasure would flow freely to maintain the integrity of the British Colonial Empire. Now, that feeling of security would be shaken, and the faith of Britain's defence of us shaken also ; and if the impression thus made were not counteracted by some contrary déclaration on the part of the Government, he feared the affection now so generally entertained by the people of this Province would be seriously prejudiced — (Cry of •More annexation.")

Thew knew not what day they might be involved in a war with the United States

by the mother country, and while her fleets swept the Atlantic eastward, our neighbors would in their turn make their first des^ent on Canada. This was a reason for the defence of the frontier, bat that defence should in such a case be provided for by the mother country, and the people of this country should not be left without British troops and experienced officers round whom to rally, to fight the battle of defence hère in a war with whose causes they had perhaps no sympathy (208)

Troubles might arise between France and the United States, and England bc drawn in by reason of her alliance, offensive and défensive, with the former country — was this country to bear the brunt of such a war ? (209)

Mr. SOLICITOR GENERAL SMITH : With regard to the clause allowing

the militia to be marched out of the country, that existed in the présent aot, but In transcribing it, some words had been, by accident, omitted, viz : "to territory continuous [contiguous] therewith." (209)

Mr. CHRISTIE : — said this was a measure to provide for the effective defence of the Province by its people — it was so stated to be in the introduction to the report — and the demand on us to undertake that defence opened up the whole question of our relation with the mother country. It was entierly delusive to say that it was a mère question of the re-organization of the militia force; it involved much graver considération. What interest had we in providing for the defence of this country against the United States? How would the people of this country like to be involved in war with the United States about the Cuba question, for instance, when we had such

powerful reasons for maintaining peaceful relations with that country?

It affirmed to the principle of taxation without représentation — taxation to carry on war concerning which they had no voie* — subjecting the people of Canada to be dragged through ail the disputes of Great Britain with the United States, without a voice in their régulation or being consulted in the matter (209)

Mr. PAPIN : — Now, he was one of those who would uot désire

to resort to arms to sever the connection with the mother country, but he was not disposed to fight to maintain that connection or against our ncighbours, if Britain should involve us in war about a question in which we had no direct interest... (210)

Mr. DORION :— It was time that we had a Canadian feeling —

a feeling that when English interest clashed with Canadian interests would place the latter first ; and looking at it in this maniier, he could sce no necessity for this outlay of money (210)

Mr. LORANGER : — Without retorting accusations for accusations, maintained that every state must hâve such an amount of physical force at its disposai as would make its authority respccted, and if it were now necessary to demand this reorganization of the militia, it was because Great Britain bcing about to withdraw lier troops, the colony must défend iUelf. It was in the interest of the colony, and not of Great Britain, and the law must be passed, for no one was prepared to déclare more loudly than himself that the colonial system — the system of the inferiority of Canada — could not remain long. The destiny of the country was plainly to be independent (210)

Mr. LABERGE: — If the country must one day be independent

of English rule, where was the crime of seeing in the future incorporation with the United States more éléments of greatness, freedom and powcr than in a state of isolation? What différence was there in the amount of disloyalty between the two ideas,

since both looked to a severence of the connection with the crownT

Let the country be independent, and there was not a man in the House who would not go for this measure or even for one making still more important provisions for defence; but the great point of the question could not be lost sight of — the question whether it was for a dépendent country to maintain an array to fight in wars, that she had no hand in causing or aToiding. History proved that Canada had so far fought only for England. The country had been England's bnttle-field, and the profit had been to England (210)

Mr. TURCOTTE :— Would hâve voted against the bill as it was first introduced, because he thought it absurd for a country to be called upon to pay for the cxpen-

ses of a war in which it had no part; Did the members for L'As-

sumption or Iberville believe that even England would dare to dictate, when Canadiens had arms in their hands. No! England must then at least say with sincerity, "Govern yourselves". To call upon the colony to défend itself was, then, the greatest

mark of the confidence reposed in it by Great Britain The time might

indeed corne when Great Britain, which now behaved to us like a mother, might assume the position of a step-mother, and we should then be in a position to join our brethren (210)

Le 4 avril 1855: —

Mr. BROWN : — The premier averred that the defence of the

province was thrown upon this country by the Impérial Government, and that 100,000 stand of arms would hâve to be provided at the expense of the province, to be placed in the hands of the militia. But now the honourable Attorney-Gcneral told the House that this was not at ail necessary — that the Home Government would continue as herctofore to défend the province, and that ail that was wantcd from the House was merely a Police Bill (231)

Mr. MACDONALD (Attorney-General) :— Said that every force was to a certain extent a police force. At the same time they must bear in mind that this country was left utterly defcnceless by the withdrawal of the troops. They might rely on the pledged word of Great Britain that the wholc force of the British empire would be put forth for the defence of this province, in the cvcnt of its being attacked by a hostile force. But, in order to enable (Ireat Britain to carry out that pledge, it was necessary that wc should hâve an organization, that the Impérial Government might he eniibled to arm the militia of Canada. At présent we hâve no organization. A certain number of persons were gazetted as ensfgns, captains, and so forth, but that was the whole if it. And ail that this bill provided for, was that whenever this province as a dependency of the British empire was engaged in war, we should hâve the companies ready to receive arms from Great Britain and to turn out in defence ©f the proTince. The volunteer force again was necessary to guard against either insurrection within our borders, or marauding excursions from without (231)

Dépêche de Sir George Grey à Sir Edmund Head, gouverneurgénéral du Canada 0)

COPY OF DESPATCH from the Right Honourable SIR G. GREY to Governor Sir