AMONG the causes that
had assisted to defeat Confederation in New Brunswick, when the question
was first placed before the people, was the active hostility of the
Lieutenant Governor, Mr. Arthur Hamilton Gordon, a son of that Earl of
Aberdeen who was Prime Minister of England, at the outbreak of the
Crimean War. Mr. Gordon had been a strong advocate of Maritime Union and
had anticipated that he would be the first Governor of the United
Province of Acadia, or by whatever name the Maritime Union was to be
known. He was therefore greatly disappointed and annoyed, when the visit
of the Canadians to Charlottetown in September, 1864, put an end to the
Conference which had met for the purpose of arranging the terms of
Maritime Union. While a Governor cannot take a very active part in
political matters in this Province, he may stimulate others to hostility
or to a certain course of action, who under other circumstances would be
neutral or inactive, and there is reason to believe that some of the men
who were most prominent in opposing Confederation at the general
election of 1864, were mainly influenced by the example of the
Lieutenant Governor. Confederation however had been approved of by the
British Government, after the terms arranged at Quebec had been
submitted to it in a despatch from the Governor General, and those
officials in New Brunswick and elsewhere, who expected to find support
in Downing Street in their hostility to Confederation, were destined to
be greatly disappointed. Not long after the new Government was formed in
New Brunswick, Mr. Gordon returned to England, and it is generally
believed that he was sent for by the Home authorities. Instead of
meeting with a flattering reception on the ground of his opposition to
Confederation, he is believed to have been compelled to submit to a
stern reproof, for his anti-constitutional meddling in a matter which
did not concern him, and to have been given to understand that, if he
returned to New Brunswick, to fill out the remainder of his term of
office, it must be as one pledged to assist in carrying out
Confederation and not to oppose it. When Mr. Gordon returned to this
Province he was an entirely changed man, and whatever influence he was
able to exert, from that time forward, was thrown in favor of
Confederation.
Another cause which
made Confederation more acceptable to the people of this Province arose
from the threats of the Fenians to invade Canada, which were made during
the year 1865, and which actually resulted in armed invasions during the
following year. Although there was no good reason for believing that the
opponents of Confederation were less loyal than its supporters, or less
inclined to favor British connection, it was remarked that all the
enemies of British connection seemed to have got into the
anti-confederate camp. The Fenian movement had its origin in the
troubles in Ireland, arising out of the oppressive land laws and other
local causes, and it soon extended to America where the politicians
found it useful as a means of increasing their strength among the Irish
people. At that time there were in the United States many hundreds of
thousands of men, who had recently been disbanded from the army at the
close of the civil war, and who were only too ready to embrace any new
opportunity of winning for themselves, fame and rank on other fields of
glory. Among these disbanded soldiers were many Irishmen, and it soon
came to be known that bands of men, could be collected in the United
States, for the invasion of this country, with the avowed object of
driving the British flag from this continent and substituting the stars
and stripes. It was impossible that the people of Canada could view
without emotion, the preparations for their undoing, and in New
Brunswick especially, which was the first Province to be threatened, the
Fenian movement materially assisted in deciding the manner in which our
people should vote on the great question of Confederation, when it came
a second time, to be submitted to them.
The House of Assembly
met on the 8th March, 1866, and the speech from the throne, delivered by
the Lieutenant Governor, contained the following paragraph:— "I have
received Her Majesty's commands to communicate to you, a correspondence
on the affairs of British North America which had taken place between
Her Majesty's principal Secretary of State for the colonies and the
Governor General of Canada; and I am further directed to express to you
the strong and deliberate opinion of Her Majesty's Government, that it
is an object much to be desired, that all the British North American
colonies should agree to unite in one Government. These papers will
immediately be laid before you." This paragraph was not inserted in the
speech without considerable pressure on the part of the Lieutenant
Governor, and it excited a great deal of comment at the time, because it
seemed to indorse the principle of Confederation, although emanating
from a Government which had been placed in power as the result of ail
election in which Confederation had been condemned. When this portion of
the speech was read by the Lieutenant Governor in the Legislative
Council chamber, the crowd outside the bar gave a hearty cheer, a
circumstance which never occurred before in the Province of New
Brunswick, and perhaps not in any other British colony.
The members of the
House favorable to Confederation, immediately took up the matter, and
dealt with it as if the Government had thereby pledged themselves to
that policy, and indeed there was considerable excuse for such
inferences. When the secret history of the negotiations between the
Lieutenant Governor and his advisers, prior to the meeting of the
Legislature, comes to be told, it will be found that at least some of
the members of the Government, had given His Excellency to understand
that they were prepared to reverse their former action and to adopt
Confederation. The difficulty, however, with them was that they feared
their own supporters, and thought that if they made such a movement,
they would lose the favor of those who had placed them in power, and
.this inference was certainly a very natural one.
As soon as the House
met, it was discovered that Mr. A. R. Wetmore, one of the prominent
supporters of the Government, who had been elected to represent the city
of St. John as an anti-confederate, was 110 longer in sympathy with
them. Mr. Wetmore's long experience as a nisi prius lawyer, and his curt
and imperturbable manner, rendered him a most exasperating and
troublesome opponent, and, at a very early period of the session, he
commenced to make it unpleasant for his former friends. He
cross-examined the members of the Government in the same fashion which
he had learned from long experience in the courts. Such attacks proved
extremely damaging, as well as very annoying.
The address in reply to
the speech from the throne, was moved in the House of Assembly by
Colonel Boyd, of Charlotte county and, when the paragraph relating to
Confederation was read, Mr. Fisher asked him what it meant. Mr. Boyd
replied that the Government had no objection to Confederation provided
that the terms were satisfactory. This reply still further strengthened
the feeling that the Government were inclined to pass the measure which
they had been elected to oppose. Mr. Fisher moved an amendment to the
fourth paragraph of the address which referred to the Fenian conspiracy
against British North America expressing the opinion that while His
Excellency might rely with confidence on the cordial support of people
for the protection of the country, his constitutional advisers were not
by their general conduct entitled to the confidence of the Legislature.
This amendment, was seconded by Mr. Des Brisay of Kent who had been
elected as a supporter of the Government, and it was debated at great
length. The discussion upon it continued from day to day for about three
weeks, when on the 9th of April, the Government resigned in consequence
of difficulties with His Excellency, in regard to his reply to the
address of the Legislative Council. The Legislative Council had gone on
and passed the address in reply to the speech, but in consequence of the
delay in the House of Assembly, this reply had not before been presented
to the Governor. In answer to the address of the Legislative Council
which was presented to him on the same day, that the resignation of the
Government took place, His Excellency said: "I will immediately transmit
your address to the Secretary of State for the colonies, in order that
it may be laid at the foot of the throne. Her Majesty, the Queen, has
already been pleased to express deep interest in a close union of her
North American colonies and will, no doubt, greatly appreciate this
decided expression of your opinion, and the avowal of your desire that
all British North America should unite in one community, in one strong
and efficient Government, cannot but tend to hasten the accomplishment
of this great measure."
The resignation of the
Government was announced in the House of Assembly on the 13th April, by
the Honorable A. J. Smith, and the documents relating to it were laid
before the House. The reason given far the resignation of the
Government, was their unwillingness to accept the responsibility of the
reply made by the Governor to the Legislative Council. There is no doubt
that the reasons given for the resignation of the Government were
sufficient. His Excellency put a severe strain on the constitution and
the principles of Responsible Government, when he undertook to answer
the address of the Council in the manner he did, without consulting his
constitutional advisers and contrary to their wishes. Had Mr. Smith been
a man of more boldness and capacity, he could have made it very
unpleasant for the Governor, and an appeal to the people might have had
a different result. But Mr. Smith was a timid politician, and so he
allowed himself to be squeezed out of office, while he had a majority at
his back in the House of Assembly.
The Lieutenant Governor
called upon the Hon. Peter Mitchell, who was a member of the Legislative
Council, to form a Government. Mr. Mitchell had been very active in the
cause of Confederation, and was the moving spirit in the Legislative
Council, in all the proceedings in favor of Confederation in that body;
but when asked to form a new Government he advised the Lieutenant
Governor that the proper person to undertake that responsibility was,
the Hon. Mr. Tilley. The latter, however, declined the task, on the
ground that he was not a member of the Legislature, and then Mr.
Mitchell associated with himself the Hon. Mr. Wilmot for the purpose of
forming a new Government. The Government was announced on the 18th of
April, and it was formed as follows :—Hon. Peter Mitchell, President of
Council; Hon. S. L. Tilley, Provincial Secretary; Hon. Charles Fisher,
Attorney General; Hon. Edward Williston, Solicitor General; Hon. John
McMillan, Post Master General; Hon. A. R. McClellan, Chief Commissioner
of Public Works ; Hon. R. D. Wilmot and Hon. Charles Connell, members
without office. The latter afterwards became Surveyor General.
While this Government
was being formed in New Brunswick, a Fenian army was gathering upon the
border, for the purpose of invading this Province. This force consisted
of four or five hundred young men, most of whom had been in the armies
of the United States. It was recruited at New York, and its chief was a
Fenian named Doran Killian. A part of his force arrived at Eastport on
the lOth of April, and a schooner laden with arms for the Fenians, soon
afterwards reached that place. From this schooner, which was seized by
the United States authorities, one hundred and seventeen cases of arms
and ammunition were taken, a clear proof that the intentions of the
Fenians were warlike, and that their presence on the border was not a
mere demonstration. The Fenians appeared to have been under the
impression, as many residents of the United States are to this day, that
the people of Canada and of New Brunswick were dissatisfied with their
own form of Government, and were anxious to come under the protection of
the stars and stripes. This absurd idea has been responsible, before and
since, for many other demonstrations with respect to the British
Provinces of North America, in which residents of the United States have
taken part. There never was a greater delusion than this, and in the
instance referred to the Fenians were doomed to be speedily undeceived.
The presence of a Fenian force on the border, sounded like a bugle blast
to every able-bodied man in New Brunswick, and the call for troops to
defend the country was instantly responded to. About one thousand men
were called out and marched to the frontier. The troops thus embodied
consisted of the three battallions of the New Brunswick Regiment of
Artillery, seven companies of the St. John Volunteer Batallion, one
company of the First Battallion of the York County Militia, one company
each of the First and Third Battallions of the Charlotte County Militia,
and two companies each of the Second and Fourth Battalions of the
Charlotte County Militia. These troops remained in arms on the frontier,
for nearly three months, and were disembodied by general order, dated
the 20th of June. The Fenian raid on New Brunswick proved to be a
complete fiasco. The frontier was so well guarded by the New Brunswick
Militia and by British soldiers, and the St. Croix so thoroughly
patrolled by British warships, that the Fenians had no opportunity to
make any impression upon the Province. It ought to be added that the
United States Government was prompt to take steps to prevent any armed
invasion, and General Meade was sent down to Eastport with a force of
infantry and a ship of war, to prevent the Fenians from making that
place a base of operations against these Provinces.
The general elections
to decide whether or not New Brunswick was willing to become
confederated with Canada, were held in May and June. The first election
was that for the County of Northumberland, on the 25th of May, and the
result was that the four candidates who favored Confederation, Messrs.
Johnson, Sutton, Kerr, and Williston, were elected by large majorities.
The same result followed in the county of Carleton, where the election
was held on the 26th of May, Messrs. Connell and Lindsay being elected
by a vote of more than two to one over their anti-confederate opponents.
The third election was in Albert County on the 29th, and there Messrs.
McClellan and Lewis, the two candidates in favor of Confederation, were
triumphantly returned. On the 31st day of May, elections were held in
Restigouche and Sunbury, and in these counties the candidates in favor
of Confederation, were returned by large majorities. The York election
came next; in that county the anti-Confederates had placed a full ticket
in the field, the candidates being Messrs. Hatheway, Fraser, Needham,
and Brown. Mr. Fisher had with him on the ticket Dr. Dow and Messrs.
Thompson and John A. Beckwith. Every person expected a vigorous contest
in York, notwithstanding the victory of Mr. Fisher over Mr. Pickard a
few months before. But, to the amazement of the anti-confederates in
other parts of the Provinces, the Hon. George L. Hatheway and Dr. Brown,
another anti-Confederate candidate, retired after nomination day, and
left Messrs Fraser and Needham to do battle alone. Mr. Hatheway's
retirement at this time, was a death-blow to the hopes of the
anti-confederates all over New Brunswick, affecting not only the result
in the county of York, but in every other county in which an election
was to be held. A few nights before his resignation, Mr. Hatheway had
been in St. John addressing a packed meeting of anti-Confederates in the
hall of the Mechanics' Institute, and he had spoken on that occasion,
with all the insolence and apparent confidence which were a part of his
political stock in trade. When his friends in St. John, who had been so
much moved by his vigorous eloquence, learned that he had deserted them,
their indignation was extreme, and they felt that matters must indeed be
in a bad way, when this blatant and unprincipled demagogue did not dare
to face the York electors. The result was that in York, Messrs. Fraser
and Needham were simply snowed under, and the Confederate candidates
elected by a vote of more than two to one. The election in the County of
St. John was held on the 6th of June, and that in the City on the 7th.
For the County, the Confederate candidates were Messrs. C. N. Skinner,
John H. Gray, James Quinton and R. D. Wilmot, and the anti-Confederate
candidates were Messrs. Coram, Cudlip, Robertson and Anglin. The former
were elected by very large majorities. Mr. Wilmot, who stood lowest on
the poll among the Confederates, having a majority of 600 over Mr.
Coram, who stood highest among the defeated candidates. The election for
the City was an equally emphatic declaration in favor of Confederation.
The candidates were the Honorable S. L. Tilley and A. R. Wetmore on the
Confederate side, and J. V. Troop and S. R. Thomson opposed to
Confederation. Mr. Tilley's majority over Mr. Troop, who stood highest
on the poll of the two defeated candidates, was 726. The only counties
which the anti-Confederate party succeeded in carrying, were
Westmorland, Gloucester and Kent, three counties in which the French
vote was very large, so that of the forty-one members returned, only
eight were opponents of Confederation. The victory was as complete as
that which had been recorded against Confederation in the beginning of
I860.
After the elections
were over, and Confederation had been carried, the "Morning Telegraph"
of St.. John, which had been an ardent supporter of the scheme, made up
a statement which showed that 55,665 votes had been cast, throughout the
Province, in favor of Confederation, while only 33,767 votes had been
cast against it. That was a sufficiently emphatic endorsement of the
scheme of union, and it was accepted as a proof that the people of New
Brunswick ardently desired the constitutional change which a union with
Canada would involve. But although a vote had been taken on the
question, much remained to be done before Confederation could become an
accomplished fact. The last elections, which were those of Kings and
Charlotte,, were held on the 12th of June, but more than a year was to
elapse, before the union was effected, and the result which the election
was intended to hring about, realized. The first thing to be done was to
call the Legislature together and complete the business of the Province,
which had been interrupted by the dissolution. The Legislature met on
the 21st of June, and the Hon. John H. Gray, who had been an active
advocate of Confederation, and who was one of the members for the County
of St. John, was made Speaker. In the speech from the throne the
following reference was made to the question of Confederation.
"The address of the
Legislative Council to Her Majesty, the Queen, on the subject of the
union of the British North American Provinces, agreed to during the late
session, was duly transmitted by me to England, to be laid at the foot
of the throne, and I am commanded to inform you, Her Majesty had been
pleased to accept the same very graciously. The adoption and the
reception by me for transmission to Her Majesty of this address, led to
events which rendered it, in my opinion, expedient to dissolve the then
existing General Assembly. I have now much satisfaction in resorting to
your assistance and co-operation at the earliest possible moment,
although I regret that it should be necessary to call you together at a
period of the year which must, I fear, have rendered your assembling, a
matter of much personal inconvenience to some of you.
"Her Majesty's
Government have already expressed their strong and deliberate opinion,
that the union of the British North American Provinces "under one
Government, is an object much to be desired. The Legislatures of Canada
and Nova Scotia have formed the same judgment, and you will now shortly
be invited to express your concurrence with or dissent from the view
taken of this great question by those Provinces.
"The question which you
are now called together especially to consider, is one of the most
momentous ever submitted to a Colonial Legislature."
In the address in
answer to the speech from the throne the following reference was made to
the question:
"It is satisfactory to
learn, that the adoption and reception by Your Excellency, of the
address led to events which rendered it expedient to dissolve the then
existing general assembly, and most gratifying to believe that the
country has sustained that conclusion, and, although we unite with Your
Excellency in regretting that it should have been necessary to call the
assembly together at a season that may cause personal inconvenience to
some of us, we rejoice to have the opportunity of aiding by our counsel
and co-operation, in the consummation of those national objects which
have led to our meeting.
"We learn with
satisfaction that Her Majesty's Government, having already expressed
their strong and deliberate conviction that the union of the British
Provinces under one Government, is an object much to be desired, and
that the Legislatures of Canada and Nova Scotia having passed the same
judgment, we will shortly be called upon to express our concurrence
with, or dissent from, the view taken of this question by those
Provinces, and we confidently look forward to a similar decision here."
This address was moved
by Mr. Kerr, of Northumberland, and seconded by Mr. Beveridge of
Victoria, and its consideration was made the order of the day for the
following Saturday. When it came up for discussion, the Hon. Albert J.
Smith was not in his place, and Mr. Botsford, one of his colleagues from
Westmorland, endeavored to have consideration of the matter postponed,
but the House was in no humor to await the convenience of any single
member, and the address was passed the same day by a vote of thirty to
seven. Attorney General Fisher, immediately on the passage of the
address, gave notice of the Confederation resolution, which was to be
made the order of the day for Monday, June 26th. This resolution was in
the following terms:
"Resolved, That an
humble address be presented to His Excellency, the Lieutenant Governor,
praying that His Excellency be pleased to appoint delegates to unite
with delegates from the other Provinces, in arranging, with the Imperial
Government, for the union of British North America, upon such terms as
will secure the just rights and interests of New Brunswick, accompanied
with provision for the immediate construction of the Intercolonial
Railway; each Province to have an equal voice in such delegation, Upper
and Lower -Canada to be considered as separate Provinces. "
On that day Mr. Fisher
moved the resolution in question, in a very brief speech, and was
replied to by Hon. Mr. Smith, who spoke at great length, and continued
his speech on the following day. Mr. Smith took exception to giving
delegates power to fix the destinies of the Provinces forever, without
again submitting the scheme of union to the people. He proceeded to
discuss the Quebec scheme, and took exception to the construction of the
Upper House of the proposed Legislature of the Confederation, declaring
that each Province should have an equal number of representatives in it,
as was the case in the United States. After going over the ground pretty
thoroughly, and criticising most of the terms of the scheme of
Confederation^ he moved an amendment to the effect that no act or
measure for a union with Canada take effect until approved by - the
Legislature 01 the people of this Province.
The Hon. Mr. Tilley
replied to the Leader of the Opposition in one of the most effective
speeches that he ever delivered in the Legislature. He first took up Mr.
Smith's allusion to the constitutional question, and, with immense power
and solemnity,.. he charged that any want of constitutional action which
existed, was due to Mr. Smith and his colleagues. He stated that the
Governor's sympathies were with the late Government, and that he had
endeavoured to aid and not to injure them. Mr. Smith had alluded to the
Hon. Joseph Howe, who was then an opponent to Confederation,., in terms
of praise, and Mr. Tilley, in reply read from Mr. Howe's speech, made in
1861, a magnificent paragraph on the union of British America. Mr.
Tilley stated that the Government would take the Quebec scheme for a
basis, and would seek concessions to meet the views of those who found
difficulty as to parts of it. He went over the counties of the Province,
to show that they were either for the Quebec scheme or substantially for
it. He was convinced that even his friend, the ex-attorney general and
member for Westmorland, was hardly against union. He asked, Was there
one anti-unionist on the floors of the House ? Where was Mr. Anglin, Mr.
Needham, Mr. Hill, and all the rest of the anti-unionists ? They were
all swept away, and unionists had taken their places, and when the
arrangements for union were carried out, the feeling in its favor would
be deeper and deeper. Mr. Tilley showed the great advantages which would
accrue to New Brunswick eventually, in consequence of Confederation. He
combatted the statement made by Mr. Smith, that after Confederation the
Provincial Legislature would become a mere farce, showing, that of all
the Acts passed during the previous two years, there were only seven
which would have come under the control of the general legislature. Mr.
Tilley closed by dwelling on the impression of power which union would
have on the minds of those abroad, who were plotting our ruin. The
speech was listened to with the utmost attention by the members of the
Legislature, and by a very large audience, which completely filled the
galleries, and it was generally considered to have been one of his
greatest efforts.
Quite a sensation was
created by the speech delivered by Mr. Charles N. Skinner, one of the
members elected for the county of St. John, as a supporter of
Confederation. Mr. Skinner took the position that the Government did
wrong in introducing a bald resolution, and showing an unwillingness to
take the suggestions of the House, as to what kind of a scheme the
country wanted. He believed it was the duty of the representatives to
deliberate upon this question, and give the delegates instruction as to
what they desired. The position taken by the Government was, that the
House had better not say anything about what they or the country wanted,
but clothe the delegates with power to do as they pleased irrevocably,
and give them no instructions. This he deplored in strong language. The
country, he said, had not elected the men, in favor of Confederation, to
be mere automatons, to move as they were moved, and to say only such
words as should be put in their mouths. He thought on a question of such
vast importance as this, the fullest deliberation should be had. He
would not tie the delegates down to the letter of their instructions. He
would leave them a margin to go and come upon. He also complained that
the House did not know the number of delegates that were to be sent,
neither did they know who the delegates were to be. He said unless the
men who were going on this mission, were men of great ability and
integrity, he would lack confidence in them. There were men in the
Legislature and Government that he would trust with great
responsibility, but there were others whom he would not. He then
proceeded to show, that while he was dissatisfied at the manner the
Government were pushing the question before the House, he still would
vote for the resolution, because the policy of the Government, although
to his mind a wrong policy, was the only policy before the country on
the question of Confederation, and to vote against the resolution and
with Mr. Smith's amendment, was to vote against Confederation
altogether. He would vote for the resolution and hold the Government
responsible for their conduct in bringing the matter down as they did.
He then proceeded to enlarge upon the Quebec scheme ; he made several
objections to it and reasoned them out. He said he made the objections
that the delegates might know what his opinions were, and, if they were
worth anything, they might profit by them. His speech was said to be the
best he ever delivered in the House, and was listened to with marked
attention, scarcely a member leaving his seat while he was speaking. The
resolution was finally carried by a vote of 30 to 8, Mr. Glasier of
Sunbury, and Mr. W. P. Flewelling of Kings, both of whom would have
voted for the resolution, being absent.
As soon as the
Confederation resolution was passed, the Hon. A. J. Smith moved a
resolution which, after reciting the steps which had already been taken
in favor of union with Canada, continued as follows:
"Therefore Resolved, As
the deliberate opinion of this House, that no measure for such union
should be adopted which did not contain the following provisions viz:
1st, An equal number of Legislative Councillors for each province: 2nd,
Such Legislative Councillors to be required to reside in the province
which they represent, and for which they are appointed : 3rd, The number
of representatives in the Federal Parliament to be limited: 4th, The
establishment of a court for the determination of questions and disputes
that may arise, between the Federal and Local Governments, as to the
meaning of the act of union : 5th, Exemption of this province from
taxation for the construction and enlargement of canals in Upper Canada,
and for the payment of money for the mines and minerals and lands of
Newfoundland: 6th, Eighty cents per head to be on the population as it
increases and not to be confined to the census of 1861: 7th, Securing to
the Maritime Provinces the right to have at least one Executive
Councillor in the Federal Government: 8tli, The commencing of the
Intercolonial Railroad, before the right shall exist to increase
taxation upon the people of the Province."
Mr. Smith supported his
resolution in a lengthy speech, in which he predicted increased taxation
as the result of Confederation. He said that the House, instead of being
a deliberative Assembly, had to surrender its judgment to the
Government. Confederation was a great experiment at best, and called for
the exercise of other men's judgment. The Government was going on in the
most high-handed manner, and were not justified in withholding
information asked for. He elaborated the idea that Canada was pledged to
issue treasury notes to pay present liabilities, and asserted that the
Government was altogether under the control of Canadian politicians. He
insisted particularly on a provision in the Act of Union, that each of
the Maritime Provinces have an Executive Councillor in the Federal
Government. Finally the vote was taken and the following amendment,
which had been moved by Hon. Mr. Fisher, was carried, only eight members
voting against it.
"Resolved, That the
people of this Province having, after due deliberation, determined that
the union of British North America was desirable, and the House having
agreed to request His Excellency, the Lieutenant Governor, to appoint
delegates for the purpose of considering the plan of union, upon such
terms as will secure the just rights of New Brunswick, and having
confidence that the action of His Excellency under the advice of his
constitutional advisers, will be directed to the attainment of that end,
sound policy and a due regard to the interests of this Province require,
that the responsibility of such action should be left unfettered by an
expression of opinion other than what has already been given by the
people and their representatives."
This ended the battle
for Confederation in New Brunswick, for what remained to be done, was
merely the arrangement of the details of the union by the delegates, who
had received full power for that purpose. The session of the
Legislature, which must be considered one of the most important ever
held in New Brunswick, came to a close on Monday, the 7th of July. At a
meeting of the Government held immediately after the prorogation of the
Legislature, the Hon. Messrs. Tilley, Wilmot, Fisher, Mitchell, Johnson
and Chandler were appointed to go to England as delegates, for the
purpose of meeting delegates from Canada and Nova Scotia, and arranging
the hill which was to he passed by the Imperial Parliament for the
consummation of Confederation. It was understood at that time, that
there would be no delay on the part of the delegates from Canada, but
owing to causes which perhaps are a little obscure, Sir John A.
Macdonald and the other Canadian delegates were unable to leave at the
time appointed, and did not meet our delegation in England, until many
months after the latter had arrived there. This unfortunate circumstance
produced much comment at the time, because it looked as if the
Government of Canada was treating the delegates of New Brunswick and
Nova Scotia with gross discourtesy. The business, instead of being
completed promptly, as was expected, and the bill passed by the
Parliament during the autumn session, was thrown over until the
following year, and our delegates, most of whom were prominent members
of the Government, had to remain in England for about ten months, at
great expense and inconvenience. It has been stated that the ill-health
of Sir John A. Macdonald was responsible for that condition of affairs,
he being subject at that time, to attacks of indisposition which
prevented him from attending to his duties as a Minister of the Crown.
Whatever the cause of the trouble, it was a very unfortunate beginning,
and, but for the good sense and moderation displayed by the
representatives of the Maritime Provinces, might have greatly prejudiced
the movement in favor of Confederation.
The delegates from the
three Provinces, Canada, Nova Scotia and New Brunswick, met at the
Westminister Palace Hotel, London, in November, 1866, Hon. John A.
Macdonald in the chair ; C. W. Bernard acting as Secretary. The
resolutions passed at the Quebec Conference held in 1864 were read, and
amendments were moved in accordance with the suggestions made in the
several Legislatures during the discussions at the previous sessions. It
was conceded on all hands, that the Intercolonial Railway, by which
facilities for inter-provincial commercial intercourse could be secured,
must be built by the United Provinces and without a delay. It was also
conceded that in the Provinces where separate schools were established
by law, that principle should not be disturbed. Mr. Gait was the special
advocate of this concession from the Province of Quebec, and the Roman
Catholic members of the convention on behalf of the minority in Canada
West. In the discussion, it was claimed that the sole right of imposing
an export duty should be vested in the Federal authority. This was
objected to by the New Brunswick delegates, as the people of that
Province had expended a large sum of money in the improving of the
navigation of the upper St. John, and had, to recoup themselves, imposed
an export duty on lumber shipped from the Province. A considerable
portion of the income thus received was paid by the lumbermen of the
State of Maine, the advantage derived by them from such improvements
being very great. The claim thus presented by the New Brunswick
delegates was conceded, and the Province permitted to retain the right.
This right was abandoned since Confederation, the Dominion paying
therefor $150,000 per annum to the New Brunswick Government.
During the sitting of
the delegates, which extended to over a period of two months, many
conferences were held with Lord Carnarvon, then Secretary of State for
the Colonies, and the law officers of the Crown, in regard to objections
which were taken to some of the resolutions adopted by the delegates.
Valuable assistance was rendered during this Conference, by Lord Monk,
who was then in London, but who was Governor-General of Canada when the
Conference was held at Quebec. The arrangements there made in regard to
the strengthening of the central authority, as compared with the
constitution of the United States, the result of the experience of that
country during the rebellion, were adhered to in the London resolutions
and accepted by the Imperial authorities. Very inadequate ideas appear
to have been entertained by the members of the London Conference, with
regard to the expenditure which the several Provinces would have to
incur for the maintenance of their public services, it was forgotten,
evidently, that these Provinces were in a state of development, and that
to provide them with railways and other appliances necessary to their
growth, the Provinces would have to spend public money. This money could
only be obtained in two ways, by taxation within the Province, or by
subsidies from the Dominion Government. As direct taxation was certain
to make the Confederation scheme unpopular, a large part of the revenue
of the Provinces had necessarily to come from the Dominion treasury. It
is easy now, to see that the subsidies granted to the Provinces were
quite inadequate, and this has been the cause of frequent complaint.
This was especially the case with the smaller Provinces which had a
large territory and a sparse population. When the bill reached
Parliament some amendments were suggested, but when it was pointed out
that the measure as presented, was the result of the most careful
consideration of both the Imperial authorities and the Colonial
representatives, the suggested amendments were not pressed, and it
passed through Parliament with very little discussion. But one spirit
seemed to animate both the Imperial authorities and the members of
Parliament, and that was to give the Provinces interested, the fullest
liberty consistent with the new relations they were about assuming. The
parliamentary opposition to the measure was much less than might have
been expected, when it is remembered that the opponents of Confederation
had representatives in London, well able to present objections from
their standpoint, who had the ear of Mr. Bright, and other members of
Parliament. Her Majesty took a deep interest in the measure when before
Parliament, and expressed that interest to members of the delegation,
adding that she felt a great affection for her Canadian subjects, they
being so loyal. While the bill was before the House of Lords, Messrs.
Macdonald, Cartier, Gait, 'Tupper and Tilley, were honored by a private
presentation to Her Majesty, at Buckingham Palace.
Later on all the
members of the Conference were presented at a drawing room, at the same
place.
The New Brunswick
delegates returned from England in the spring of 1867, having completed
their labors, and the Legislature was called together on the 8th of May.
The business before it was of great importance, for the Province was
entering upon a new era, as a member of the Canadian Confederation, and
the Legislature was about to lose a portion of its powers which were
delegated to the Federal Parliament. It is not, however, necessary to
enter into any details of the work of the session, which was done
without any particular difficulty, the opposition being too weak to
oppose seriously, the measures of the Government. It was felt on all
sides, that as twelve members of the Legislative Council were about to
become members of the Senate of Canada, and as fifteen representatives
were to be elected to the House of Commons, most of whom would come from
the House of Assembly, a striking change would take place in the
composition of the Legislature, which would be deprived of the services
at once, of a large number of its ablest men. One of the important bills
of the session was the passage of the Act establishing County Courts in
the Province, and in respect to this measure, a difference, of opinion
took place between Hon. John M. Johnson, one of the delegates, and
member for Northumberland, and his fellow delegates to England. He
thought that the Legislature had no authority under the terms of
Confederation, or from any understanding between the delegates while in
England, to create County Courts, while the other delegates held a
different view. The Act was passed, however, and has proved to be one of
the most useful ever placed upon the statute books, relieving the
Supreme Court of many cases, both civil and criminal, which would
otherwise block its business, and enabling them to be disposed of more
rapidly than before. The County Court judges appointed under this Act
were, with one exception, members of the Legislature, and this made
another serious drain upon its experienced members.
During the last session
of the old New Brunswick Legislature, measures were also taken to secure
the completion of the line of railway from St. John to the border of
Maine, generally known as the Western Extension. The Government of New
Brunswick, which had already given a subsidy of $ 10,000 a mile to the
enterprise, under the Act passed in 1864, agreed to take $300,000 worth
of the stock of the road. Under the stimulus of this additional subsidy,
the work rapidly advanced, and railroad connection between St. John and
Bangor, where it joined the American system of railroads, was
established. The Legislature was prorogued on the 17th day of June, thus
bringing to an end, the old independent Legislature of the Province,
which had done its work for so many years, to be replaced by a
Legislature, shorn of a considerable part of its powers, but still
efficient for good or evil because of its ability to pass laws
profoundly affecting the material and moral welfare of the Province.
Many men looked upon this dissolution of old ties with something like
sadness, but to others, it appeared like the dawning of a better day for
the Province of New Brunswick as well as for the other provinces of
British North America.
The British North
America Act, by which the Provinces of Upper and Lower Canada, New
Brunswick and Nova Scotia were bound into a Confederation, came into
force by Royal proclamation, on the first day of July, 1867. When it is
considered how vast and vital a change this measure brought about, it is
surprising that it produced so little excitement anywhere. With the
exception of one or two demonstrations which were made with flags, by
persons hostile to Confederation,, in the Province of New Brunswick,
which had been so much excited during two elections, it was received
with perfect calmness, and although for some years afterwards there were
always a number of persons opposed to union, who predicted direful
things from Confederation and thought it must finally be dissolved, the
voices of such persons were finally silenced either by death or by
acquiescence in the situation. Now it may safely be declared that the
Canadian Confederation stands upon as secure a foundation, as any other
Government in the civilized world, and is much less likely to break in
pieces than the great republic to the south of us, where differences of
climate and of products and resources, seem to have created separate
interests, which to an outside observer appear able to threaten the
stability of the nation. |