CONFEDERATIO 1900.
SECTION I The first parliament
of the Dominion of Canad 1872.
The Dominion of Canada took its place
among the federal states of the world on the first
of July, 1867. Upper and Lower Canada now became
known as Ontario and Quebec, while Nova Scotia and
New Brunswick retained their original historic names.
The first governor-general was Viscount Monk, who
had been head of the executive government of Canada
throughout all the stages of confederation. He
was an Irish nobleman, who had been a junior lord
of the treasury in Lord Palmerston’s government.
He was a collateral descendant of the famous general
of the commonwealth, created Duke of Albemarle after
the Restoration. Without being a man of remarkable
ability he was gifted with much discretion, and gave
all the weight of his influence to bring about a federation,
whose great benefits from an imperial as well as a
colonial point of view he fully recognised.
The prime minister of the first federal
government was naturally Sir John Macdonald, who chose
as his colleagues Sir George E. Cartier, Sir S.L.
Tilley, to give them all their later titles Sir
A.T. Galt, Sir W.P. Howland, Mr. William
McDougall, Mr. P. Mitchell, Sir A.G. Archibald,
Mr. A.F. Blair, Sir A. Campbell, Sir H.L.
Langevin, Sir E. Kenny, and Mr. J.C. Chapais.
Mr. Brown had retired from the coalition government
of 1864 some months before the union, nominally on
a disagreement with his colleagues as to the best
mode of conducting negotiations for a new reciprocity
treaty with the United States. The ministry had
appointed delegates to confer with the Washington
government on the subject, but, while Mr. Brown recognised
the desirability of reciprocal trade relations with
the United States on equitable conditions, he did
not deem it expedient to appear before American statesmen
“as suitors for any terms they might be pleased
to grant.” A general impression, however,
prevailed that this difference of opinion was not
the real reason of Mr. Brown’s resignation, but
that the animating motive was his intense jealousy
of Sir John Macdonald, whose dominant influence in
the government he could no longer brook.
The governments of the four provinces
were also regularly constituted at this time in accordance
with the act of union. The first lieutenant-governor
of Ontario was Lieutenant-General Stisted, of Quebec,
Sir Narcisse Belleau; of Nova Scotia, Lieutenant-General
Sir Fenwick Williams, the hero of Kars; of New Brunswick,
Major-General Doyle, but only for three months.
With the exception of the case of Quebec, these appointments
were only temporary. It was considered prudent
to select military men in view of the continuous reports
of Fenian aggression. Sir William Howland became,
a year later, lieutenant-governor of Ontario, Major-General
Sir Francis Hastings Doyle of Nova Scotia in the fall
of 1867, and Hon. L.A. Wilmot, of New Brunswick
in July 1868. The first prime minister of Ontario
was Mr. John Sandfield Macdonald, who had been leader
of a Canadian ministry before confederation.
He had been a moderate Liberal in politics, and opposed
at the outset to the federal union, but before 1867
he became identified with the Liberal-Conservative
party and gave his best assistance to the success
of the federation. In Quebec, Mr. Pierre Chauveau,
a man of high culture, formed the first government,
which was also associated with the Liberal-Conservative
party. In New Brunswick, Attorney-General Wetmore
was the first prime minister, but he was appointed
a judge in 1870, and Mr. George E. King, a judge of
the supreme court of Canada some years later, became
his successor. In Nova Scotia, Mr. Hiram Blanchard,
a Liberal and unionist, formed a government, but it
was defeated at the elections by an overwhelming majority
by the anti-unionists, and Mr. Annand, the old friend
of Mr. Howe, became first minister.
The elections for the Dominion house
of commons took place in the summer of 1867, and Sir
John Macdonald’s government was sustained by
nearly three-fourths of the entire representation.
The most notable incident in this contest was the
defeat of Mr. Brown. Soon after his resignation
in 1866 he assumed his old position of hostility to
Sir John Macdonald and the Conservatives. At
a later date, when the Liberals were in office, he
accepted a seat in the senate, but in the meantime
he continued to manage the Globe and denounce
his too successful and wily antagonist in its columns
with his usual vehemence.
The first parliament of the new Dominion
met in the autumn of 1867 in the new buildings at
Ottawa also chosen as the seat of government
of the federation and was probably the
ablest body of men that ever assembled for legislative
purposes within the limits of old or new Canada.
In the absence of the legislation which was subsequently
passed both in Ontario and Quebec against dual representation or
the election of the same representatives to both the
Dominion parliament and the local legislatures it
comprised the leading public men of all parties in
the two provinces in question. Such legislation
had been enacted in the maritime provinces before
1867, but it did not prevent the ablest men of New
Brunswick from selecting the larger and more ambitious
field of parliamentary action. In Nova Scotia
Sir Charles Tupper was the only man who emerged from
the battle in which so many unionists were for the
moment defeated. Even Sir Adams Archibald, the
secretary of state, was defeated in a county where
he had been always returned by a large majority.
Mr. Howe came in at the head of a strong phalanx of
anti-unionists “Repealers” as
they called themselves for a short time.
The legislation of the first parliament
during its five years of existence was noteworthy
in many respects. The departments of government
were reorganised with due regard to the larger interests
now intrusted to their care. The new department
of marine and fisheries, rendered necessary by the
admission of the maritime provinces, was placed under
the direction of Mr. Peter Mitchell, then a member
of the senate, who had done so much to bring New Brunswick
into the union. An act was passed to provide
for the immediate commencement of the Intercolonial
Railway, which was actually completed by the 1st of
July, 1876, under the supervision of Mr., now Sir,
Sandford Fleming, as chief government engineer; and
the provinces of Ontario and Quebec were at last directly
connected with the maritime sections of the Dominion.
The repeal agitation in Nova Scotia
received its first blow by the defection of Mr. Howe,
who had been elected to the house of commons.
He proceeded to England in 1868 with an address from
the assembly of Nova Scotia, demanding a repeal of
the union, but he made no impression whatever on a
government and parliament convinced of the necessity
of the measure from an imperial as well as colonial
point of view. Dr. Tupper was present on behalf
of the Dominion government to answer any arguments
that the Repealers might advance against the union.
The visit to England convinced Mr. Howe that further
agitation on the question might be injurious to British
connection, and that the wisest course was to make
the union as useful as possible to the provinces.
Then, as always, he was true to those principles of
fidelity to the crown and empire which had forced
his father to seek refuge in Nova Scotia, and which
had been ever the mainspring of his action, even in
the trying days when he and others were struggling
for responsible government. He believed always
in constitutional agitation, not in rebellion.
He now agreed to enter the ministry as president of
the council on condition that the financial basis,
on which Nova Scotia had been admitted to the federation,
was enlarged by the parliament of Canada. These
“better terms” were brought before the
Canadian parliament in the session of 1869, and provided
for the granting of additional allowances to the provinces,
calculated on increased amounts of debt as compared
with the maximum fixed by the terms of the British
North America Act of 1867. They met with strong
opposition from Edward Blake, a very eminent lawyer
and Reformer of Ontario, on the ground that they violated
the original compact of union as set forth in the
British North America Act; but despite the opposition
of the western Reformers they were ratified by a large
majority, who recognised the supreme necessity of
conciliating Nova Scotia. On account of his decision
to yield to the inevitable, Mr. Howe incurred the
bitter antagonism of many men who had been his staunch
followers in all the political contests of Nova Scotia,
and it was with the greatest difficulty that he was
re-elected for the county of Hants as a minister of
the crown. He remained in the government until
May, 1873, when he was appointed lieutenant-governor
of Nova Scotia. The worries of a long life of
political struggles, and especially the fatigue and
exposure of the last election in Hants, had impaired
his health and made it absolutely necessary that he
should retire from active politics. Only a month
after his appointment, the printer, poet and politician
died in the famous old government house, admittance
to which had been denied him in the stormy days when
he fought Lord Falkland. It was a fit ending,
assuredly, to the life of the statesman, who, with
eloquent pen and voice, in the days when his opinions
were even offensive to governors and social leaders,
ever urged the right of his countrymen to a full measure
of self-government.
Canada and all other parts of the
British empire were deeply shocked on an April day
of 1868 by the tragic announcement of the assassination
of the brilliant Irishman, Thomas D’Arcy McGee
on his return late at night from his parliamentary
duties. He had never been forgiven by the Irish
enemies of England for his strenuous efforts in Canada
to atone for the indiscretion of his thoughtless youth.
His remains were buried with all the honours that
the state could give him, and proper provision was
made for the members of his family by that parliament
of which he had been one of the most notable figures.
The murderer, Thomas Whelan, a member of the secret
society that had ordered his death, was executed at
Ottawa on the 11th February, 1869.
SECTION 2. Extension of
the Dominion from the Atlantic to the Pacific Ocea-1873.
The government and parliament, to
whom were entrusted the destinies of the federation
of four provinces, had a great work to accomplish in
the way of perfecting and extending the Dominion,
which was necessarily incomplete whilst its western
territorial limits were confined to the boundaries
of Ontario, and the provinces of British Columbia on
the Pacific coast and of Prince Edward Island in the
Gulf of the St. Lawrence remained in a position of
isolation. The provisions of the British North
America Act of 1867 provided in general terms for the
addition of the immense territories which extend from
the head of Lake Superior in a north-westerly direction
as far as the Rocky Mountains. Three great basins
divide these territories; Hudson Bay Basin, with probably
a drainage of 2,250,000 square miles; the Winnipeg
sub-basin tributary to the former, with nearly 400,000
square miles; the Mackenzie River basin with nearly
700,000 square miles. The Winnipeg basin covers
a great area of prairie lands, whose luxuriant grasses
and wild flowers were indented for centuries only
by the tracks of herds of innumerable buffaloes on
their way to the tortuous and sluggish streams which
flow through that wide region. This plain slopes
gently towards the arctic seas into which its waters
flow, and is also remarkable for rising gradually
from its eastern limits in three distinct elevations
or steppes as far as the foot hills of the Rocky Mountains.
Forests of trees, small for the most part, are found
only when the prairies are left and we reach the more
picturesque undulating country through which the North
Saskatchewan flows. An extraordinary feature of
this great region is the continuous chain of lakes
and rivers which stretch from the basin of the St.
Lawrence as far as the distant northern sea into which
the Mackenzie, the second largest river in North America,
carries its enormous volume of waters. As we
stand on the rugged heights of land which divides
the Winnipeg from the Laurentian basin we are within
easy reach of rivers which flow, some to arctic seas,
some to the Atlantic, and some to the Gulf of Mexico.
If we ascend the Saskatchewan River, from Lake Winnipeg
to the Rocky Mountains, we shall find ourselves within
a measurable distance not only of the sources of the
Mackenzie, one of whose tributaries reaches the head
waters of the Yukon, a river of golden promise like
the Pactolus of the eastern lands but also
within reach of the head waters of the rapid Columbia,
and the still more impetuous Fraser, both of which
pour into the Pacific Ocean, as well as of the Missouri,
which here accumulates strength for its alliance with
the Mississippi, that great artery of a more southern
land. It was to this remarkable geographical feature
that Oliver Wendell Holmes referred in the following
well-known verses:
“Yon stream whose sources
run
Turned by a pebble’s
edge,
Is Athabaska rolling toward the
Sun
Through the cleft
mountain ledge.”
“The slender rill had strayed,
But for the slanting
stone,
To evening’s ocean, with the
tangled braid
Of foam-flecked
Oregon.”
A great company claimed for two centuries
exclusive trading privileges over a large portion
of these territories, known as Rupert’s Land,
by virtue of a charter given by King Charles II, on
the 2nd May, 1670, to Prince Rupert, the Duke of Albemarle,
and other Englishmen of rank and wealth. The
early operations of this Company of Adventurers of
England were confined to the vicinity of Hudson and
James Bays. The French of Canada for many years
disputed the rights of the English company to this
great region, but it was finally ceded to England by
the Treaty of Utrecht. Twenty years after the
Treaty of Paris (1763) a number of wealthy and enterprising
merchants, chiefly Scotch, established at Montreal
the North-West Company for the purpose of trading in
those north-western territories to which French traders
had been the first to venture. This new company
carried on its operations with such activity that
in thirty years’ time it employed four thousand
persons and occupied sixty posts in different parts
of the territories.
The Hudson’s Bay Company’s
headquarters was York Factory, on the great bay to
which British ships, every summer, brought out supplies
for the posts. The North-West Company followed
the route of the old French traders from Lachine by
way of the Ottawa or the lakes to the head of Lake
Superior, and its principal depot was Fort William
on the Kaministiquia River. The servants of the
North-West Company became indefatigable explorers
of the territories as far as the Pacific Ocean and
arctic seas. Mr., afterwards Sir, Alexander Mackenzie
first followed the river which now bears his name,
to the Arctic Ocean, into which it pours its mighty
volume of water. He was also the first to cross
the Rocky Mountains and reach the Pacific coast.
Simon Fraser, another employee of the company, discovered,
in 1808, the river which still recalls his exploits;
and a little later, David Thompson, from whom a river
is named, crossed further south and reached Oregon
by the Columbia River. The energetic operations
of the North-west Company so seriously affected the
business of the Hudson’s Bay Company that in
some years the latter declared no dividends.
The rivalry between the two companies reached its
highest between 1811 and 1818, when Thomas Douglas,
fifth Earl of Selkirk, who was an enthusiastic promoter
of colonisation in British North America, obtained
from the Hudson’s Bay Company an immense tract
of land in the Red River country and made an earnest
effort to establish a Scotch settlement at Kildonan.
But his efforts to people Assiniboia the
Indian name he gave to his wide domain were
baulked by the opposition of the employees of the
North-west Company, who regarded this colonising scheme
as fatal to the fur trade. In the territory conveyed
to Lord Selkirk, the Montreal Company had established
posts upon every river and lake, while the Hudson’s
Bay Company had only one fort of importance, Fort
Douglas, within a short distance of the North-west
Company’s post of Fort Gibraltar, at the confluence
of the Red and Assiniboine Rivers, where the city
of Winnipeg now stands. The quarrel between the
Scotch settlers who were under the protection of the
Hudson’s Bay Company and the North-westers, chiefly
composed of French Canadians and French half-breeds,
or Metis culminated in 1816, in the massacre
of Governor Semple and twenty-six other persons connected
with the new colony by a number of half-breeds.
Two years later, a number of persons who had been
arrested for this murder were tried at York in Upper
Canada, but the evidence was so conflicting on account
of the false swearing on the part of the witnesses
that the jury were forced to acquit the accused.
Lord Selkirk died at Pau, in 1820, but not before he
had made an attempt to assist his young settlement,
almost broken up by the shameful attack of 1816.
The little colony managed to exist,
but its difficulties were aggravated from time to
time by the ravages of clouds of grasshoppers which
devastated the territories and brought the people to
the verge of starvation. In March, 1821, the
North-west Company made over all their property to
the older company, which now reigned supreme throughout
the territories. All doubts as to their rights
were set at rest by an act of parliament giving them
a monopoly of trade for twenty-one years in what were
then generally known as the Indian territories, that
vast region which lay beyond the confines of Rupert’s
Land, and was not strictly covered by the charter
of 1670. This act was re-enacted in 1838 for
another twenty-one years. No further extension,
however, was ever granted, as an agitation had commenced
in Canada by 1859 for the surrender of the company’s
privileges and the opening up of the territories,
so long a great “lone land,” to enterprise
and settlement. When the two rival companies
were united, Mr., afterwards Sir, George Simpson,
became governor, and he continued to occupy that position
until 1860, when he died in his residence at Lachine,
near Montreal. This energetic man largely extended
the geographical knowledge of the wide dominions entrusted
to his charge, though like all the servants of the
company, he discouraged settlement and minimised the
agricultural capabilities of the country, when examined
in 1857 before a committee of the English house of
commons. In 1837 the company purchased from Lord
Selkirk’s heirs all their rights in Assiniboia.
The Scotch settlers and the French half-breeds were
now in close contiguity to each other on the Red and
Assiniboine Rivers. The company established a
simple form of government for the maintenance of law
and order. In the course of time, their council
included not only their principal factors and officials,
but a few persons selected from the inhabitants.
On the whole, law and order prevailed in the settlements,
although there was always latent a certain degree
of sullen discontent against the selfish rule of a
mere fur company, invested with such great powers.
The great object of the company was always to keep
out the pioneers of settlement, and give no information
of the value of the land and resources of their vast
domain.
Some years before the federation of
the British-American provinces the public men of Canada
had commenced an agitation against the company, with
the view of relieving from its monopoly a country whose
resources were beginning to be known. Colonial
delegates on several occasions interviewed the imperial
authorities on the subject, but no practical results
were obtained until federation became an accomplished
fact. Then, at length, the company recognised
the necessity of yielding to the pressure that was
brought to bear upon them by the British government,
at a time when the interests of the empire as well
as of the new Dominion demanded the abolition of a
monopoly so hostile to the conditions of modern progress
in British North America. In 1868 successful
negotiations took place between a Canadian delegation Sir
George Cartier and the Hon. William Macdougall and
the Hudson’s Bay Company’s representatives
for the surrender of their imperial domain. Canada
agreed to pay L300,000 sterling, and to reserve certain
lands for the company. The terms were approved
by the Canadian parliament in 1869, and an act was
passed for the temporary government of Rupert’s
Land and the North-west territory when regularly transferred
to Canada. In the summer of that year, surveyors
were sent under Colonel Dennis to make surveys of
townships in Assiniboia; and early in the autumn Mr.
Macdougall was appointed lieutenant-governor of the
territories, with the understanding that he should
not act in an official capacity until he was authoritatively
informed from Ottawa of the legal transfer of the
country to the Canadian government. Mr. Macdougall
left for Fort Garry in September, but he was unable
to reach Red River on account of a rising of the half-breeds.
The cause of the troubles is to be traced not simply
to the apathy of the Hudson’s Bay Company’s
officials, who took no steps to prepare the settlers
for the change of government, nor to the fact that
the Canadian authorities neglected to consult the wishes
of the inhabitants, but chiefly to the belief that
prevailed among the ignorant French half-breeds that
it was proposed to take their lands from them.
Sir John Macdonald admitted, at a later time, that
much of the trouble arose “from the lack of
conciliation, tact and prudence shown by the surveyors
during the summer of 1869.” Mr. Macdougall
also appears to have disobeyed his instructions, for
he attempted to set up his government by a coup-de-main
on the 1st December, though he had no official information
of the transfer of the country to Canada, and was
not legally entitled to perform a single official act.
The rebellious half-breeds of the
Red River settlement formed a provisional government,
in which one Louis Riel was the controlling spirit
from the beginning until the end of the revolt.
He was a French Canadian half-breed, who had been
educated in one of the French Canadian colleges, and
always exercised much influence over his ignorant,
impulsive, easily-deluded countrymen. The total
population living in the settlements of Assiniboia
at that time was about twelve thousand, of whom nearly
one-half were Metis or half-breeds, mostly the
descendants of the coureurs-de-bois and voyageurs
of early times. So long as the buffalo ranged
the prairies in large numbers, they were hunters, and
cared nothing for the relatively tame pursuit of agriculture.
Their small farms generally presented a neglected,
impoverished appearance. The great majority had
adopted the habits of their Indian lineage, and would
neglect their farms for weeks to follow the scarce
buffalo to their distant feeding grounds. The
Scotch half-breed, the offspring of the marriage of
Scotchmen with Indian women, still illustrated the
industry and energy of his paternal race, and rose
superior to Indian surroundings. It was among
the French half-breeds that Riel found his supporters.
The Scotch and English settlers had disapproved of
the sudden transfer of the territory in which they
and their parents had so long lived, without any attempt
having been made to consult their feelings as to the
future government of the country. Though they
took no active part in the rebellion, they allowed
matters to take their course with indifference and
sullen resignation. The employees of the Hudson’s
Bay Company were dissatisfied with the sale of the
company’s rights, as it meant, in their opinion,
a loss of occupation and influence. The portion
of the population that was always quite ready to hasten
the acquisition of the territory by Canada, and resolutely
opposed Riel from the outset, was the small Canadian
element, which was led by Dr. Schultz, an able, determined
man, afterwards lieutenant-governor of Manitoba.
Riel imprisoned and insulted several of the loyal party
who opposed him. At last he ruthlessly ordered
the execution of one Thomas Scott, an Ontario man,
who had defied him.
While these events were in progress,
the Canadian government enlisted in the interests
of law and order the services of Mr. Donald Smith,
now Lord Strathcona, who had been long connected with
the Hudson’s Bay Company, and also of Archbishop
Tache, of St. Boniface the principal
French settlement in the country who returned
from Rome to act as mediator between the Canadian
authorities and his deluded flock. Unhappily,
before the Archbishop could reach Fort Garry, Scott
had been murdered, and the Dominion government could
not consider themselves bound by the terms they were
ready to offer to the insurgents under a very different
condition of things. The murder of Scott had clearly
brought Riel and his associates under the provisions
of the criminal law; and public opinion in Ontario
would not tolerate an amnesty, as was hastily promised
by the Archbishop, in his zeal to bring the rebellion
to an end. A force of 1200 regulars and volunteers
was sent to the Red River towards the end of May,
1870, under the command of Colonel Wolseley, now a
field-marshal and a peer of the realm. Riel fled
across the frontier before the troops, after a tedious
journey of three months from the day they left Toronto,
reached Fort Garry. Peace was restored once more
to the settlers of Assiniboia. The Canadian government
had had several interviews with delegates from the
discontented people of Red River, who had prepared
what they called “a Bill of Rights,” and
it was therefore able intelligently to decide on the
best form of governing the territories. The imperial
government completed the formal transfer of the country
to Canada, and the Canadian parliament in 1870 passed
an act to provide for the government of a new province
of Manitoba. Representation was given to the
people in both houses of the Canadian parliament,
and provision was made for a provincial government
on the same basis that existed in the old provinces
of the Dominion. The lieutenant-governor of the
province was also, for the present, to govern the
unorganised portion of the North-west with the assistance
of a council of eleven persons. The first legislature
of Manitoba was elected in the early part of 1871,
and a provincial government was formed, with Mr. Albert
Boyd as provincial secretary. The first lieutenant-governor
was Sir Adams Archibald, the eminent Nova Scotian,
who had been defeated in the elections of 1867.
Mr. Macdougall had returned from the North-west frontier
a deeply disappointed man, who would never admit that
he had shown any undue haste in commencing the exercise
of his powers as governor. Some years later he
disappeared from active public life, after a career
during which he had performed many useful services
for Canada.
In another chapter on the relations
between Canada and the United States I shall refer
to the results of the international commission which
met at Washington in 1870, to consider the Alabama
difficulty, the fishery dispute, and other questions,
the settlement of which could be no longer delayed.
In 1870, while the Red River settlements were still
in a troublous state, the Fenians made two attempts
to invade the Eastern Townships, but they were easily
repulsed and forced to cross the frontier. They
were next heard of in 1871, when they attempted, under
the leadership of the irrepressible O’Neil, who
had also been engaged in 1870, and of O’Donohue,
one of Riel’s rebellious associates, to make
a raid into Manitoba by way of Pembina, but their
prompt arrest by a company of United States troops
was the inglorious conclusion of the last effort of
a dying and worthless organisation to strike a blow
at England through Canada.
The Dominion government was much embarrassed
for some years by the complications that arose from
Riel’s revolt and the murder of Scott. An
agitation grew up in Ontario for the arrest of the
murderers; and when Mr. Blake succeeded Mr. Sandfield
Macdonald as leader of the Ontario government, a large
reward was offered for the capture of Riel and such
of his associates as were still in the territories.
On the other hand, Sir George Cartier and the French
Canadians were in favour of an amnesty. The Macdonald
ministry consequently found itself on the horns of
a dilemma; and the political tension was only relieved
for a time when Riel and Lepine left Manitoba, on
receiving a considerable sum of money from Sir John
Macdonald. Although this fact was not known until
1875, when a committee of the house of commons investigated
the affairs of the North-west, there was a general
impression after 1870 throughout Ontario an
impression which had much effect on the general election
of 1872 that the government had no sincere
desire to bring Riel and his associates to justice.
In 1871 the Dominion welcomed into
the union the great mountainous province of British
Columbia, whose picturesque shores recall the memories
of Cook, Vancouver and other maritime adventurers of
the last century, and whose swift rivers are associated
with the exploits of Mackenzie, Thompson, Quesnel,
Fraser and other daring men, who first saw the impetuous
waters which rush through the canons of the great
mountains of the province until at last they empty
themselves into the Pacific Ocean. For many years
Vancouver Island and the mainland, first known as
New Caledonia, were under the control of the Hudson’s
Bay Company. Vancouver Island was nominally made
a crown colony in 1849; that is, a colony without
representative institutions, in which the government
is carried on by a governor and council, appointed
by the crown. The official authority continued
from 1851 practically in the hands of the company’s
chief factor, Sir James Douglas, a man of signal ability,
who was also the governor of the infant colony.
In 1856 an assembly was called, despite the insignificant
population of the island. In 1858 New Caledonia
was organised as a crown colony under the name of
British Columbia, as a consequence of the gold discoveries
which brought in many people. Sir James Douglas
was also appointed governor of British Columbia, and
continued in that position until 1864. In 1866,
the colony was united with Vancouver Island under the
general designation of British Columbia. When
the province entered the confederation of Canada in
1871 it was governed by a lieutenant-governor appointed
by the crown, a legislature composed of heads of the
public departments and several elected members.
With the entrance of this province, so famous now
for its treasures of gold, coal and other minerals
in illimitable quantities, must be associated the name
of Sir Joseph Trutch, the first lieutenant-governor
under the auspices of the federation. The province
did not come into the union with the same constitution
that was enjoyed by the other provinces, but it was
expressly declared in the terms of union that “the
government of the Dominion will readily consent to
the introduction of responsible government when desired
by the inhabitants of British Columbia.”
Accordingly, soon after its admission, the province
obtained a constitution similar to that of other provinces:
a lieutenant-governor, a responsible executive council
and an elective assembly. Representation was
given it in both houses of the Dominion parliament,
and the members took their seats during the session
of 1872. In addition to the payment of a considerable
subsidy for provincial expenses, the Dominion government
pledged itself to secure the construction of a railway
within two years from the date of union to connect
the seaboard of British Columbia with the railway
system of Canada, to commence the work simultaneously
at both ends of the line, and to complete it within
ten years from the admission of the colony to the
confederation.
In 1872 a general election was held
in the Dominion, and while the government was generally
sustained, it came back with a minority from Ontario.
The Riel agitation, the Washington Treaty, and the
undertaking to finish the Pacific railway in so short
a time, were questions which weakened the ministry.
The most encouraging feature of the elections was
the complete defeat of the anti-unionists in Nova Scotia, the
prelude to their disappearance as a party all
the representatives, with the exception of one member,
being pledged to support a government whose chief
merit was its persistent effort to cement the union
and extend it from ocean to ocean. Sir Francis
Hincks, finance minister since 1870, was defeated
in Ontario and Sir George Cartier in Montreal.
Both these gentlemen found constituencies elsewhere,
but Sir George Cartier never took his seat, as his
health had been seriously impaired, and he died in
England in 1873. The state gave a public funeral
to this great French Canadian, always animated by
a sincere desire to weld the two races together on
principles of compromise and justice. Sir Francis
Hincks also disappeared from public life in 1873,
and died at Montreal in 1885 from an attack of malignant
small-pox. The sad circumstances of his death
forbade any public or even private display, and the
man who filled so many important positions in the
empire was carried to the grave with those precautions
which are necessary in the case of those who fall
victims to an infectious disease.
But while these two eminent men disappeared
from the public life of Canada, two others began now
to occupy a more prominent place in Dominion affairs.
These were Mr. Edward Blake and Mr. Alexander Mackenzie,
who had retired from the Ontario legislature when an
act was passed, as in other provinces, against dual
representation, which made it necessary for them to
elect between federal and provincial politics.
Sir Oliver Mowat, who had retired from the bench, was
chosen prime minister of Ontario on the 25th October,
1872, and continued to hold the position with great
success and profit to the province until 1896, when
he became minister of justice in the Liberal government
formed by Sir Wilfrid Laurier.
In 1873 Prince Edward Island yielded
to the influences which had been working for some
years in the direction of union, and allied her fortunes
with those of her sister provinces. The public
men who were mainly instrumental in bringing about
this happy result, after much discussion in the legislature
and several conferences with the Dominion government,
were the following: Mr. R.P. Haythorne, afterwards
a senator; Mr. David Laird, at a later time minister
in Mr. Mackenzie’s government and a lieutenant-governor
of the North-west territories; Mr. James C. Pope,
who became a member of Sir John Macdonald’s cabinet
in 1879; Mr. T.H. Haviland, and Mr. G.W.
Howlan, who were in later years lieutenant-governors
of the island. The terms of union made not only
very favourable financial arrangements for the support
of the provincial government, but also allowed a sum
of money for the purpose of extinguishing the claims
of the landlords to whom the greater portion of the
public domain had been given by the British government
more than a hundred years before. The constitution
of the executive authority and the legislature remained
as before confederation. Adequate representation
was allowed to the island in the Canadian parliament,
and the members accordingly took their places in the
senate and the house of commons during the short October
session of 1873, when Sir John Macdonald’s government
resigned on account of transactions arising out of
the first efforts to construct the Canadian Pacific
railway.
The Dominion was now extended for
a distance of about 3,500 miles, from the island of
Prince Edward in the east to the island of Vancouver
in the west. The people of the great island of
Newfoundland, the oldest colony of the British crown
in North America, have, however, always shown a determined
opposition to the proposed federation, from the time
when their delegates returned from the Quebec convention
of 1864. Negotiations have taken place more than
once for the entrance of the island into the federal
union, but so far no satisfactory arrangement has
been attained. The advocates of union, down to
the present time, have never been able to create that
strong public opinion which would sustain any practical
movement in the direction of carrying Newfoundland
out of its unfortunate position of insular, selfish
isolation, and making it an active partner in the
material, political, and social progress of the provinces
of the Canadian Dominion. Financial and political
difficulties have steadily hampered the development
of the island until very recently, and the imperial
government has been obliged to intervene for the purpose
of bringing about an adjustment of questions which,
more than once, have rendered the operation of local
self-government very troublesome. The government
of the Dominion, on its side, while always ready to
welcome the island into the confederation, has been
perplexed by the difficulty of making satisfactory
financial arrangements for the admission of a colony,
heavily burdened with debt, and occupying a position
by no means so favourable as that of the provinces
now comprised within the Dominion. Some Canadians
also see some reason for hesitation on the part of
the Dominion in the existence of the French shore
question, which prejudicially affects the territorial
interests of a large portion of the coast of the island,
and affords a forcible example of the little attention
paid to colonial interests in those old times when
English statesmen were chiefly swayed by considerations
of European policy.
SECTION 3. Summary of noteworthy
events from 1873 until 1900.
On the 4th November, 1873, Sir John
Macdonald placed his resignation in the hands of the
governor-general, the Earl of Dufferin; and the first
ministry of the Dominion came to an end after six years
of office. The circumstances of this resignation
were regrettable in the extreme. In 1872 two
companies received charters for the construction of
the Canadian Pacific railway one of them
under the direction of probably the wealthiest man
in Canada, Sir Hugh Allan of Montreal, and the other
under the presidency of the Honourable David Macpherson,
a capitalist of Toronto. The government was unwilling
for political reasons to give the preference to either
of these companies, and tried to bring about an amalgamation.
While negotiations were proceeding with this object
in view, the general elections of 1872 came on, and
Sir Hugh Allan made large contributions to the funds
of the Conservative party. The facts were disclosed
in 1873 before a royal commission appointed by the
governor-general to inquire into charges made in the
Canadian house of commons by a prominent Liberal,
Mr. Huntington. An investigation ordered by the
house when the charges were first brought forward,
had failed chiefly on account of the legal inability
of the committee to take evidence under oath; and
the government then advised the appointment of the
commission in question. Parliament was called
together in October, 1873, to receive the report of
the commissioners, and after a long and vehement debate
Sir John Macdonald, not daring to test the opinion
of the house by a vote, immediately resigned.
In justice to Sir John Macdonald it must be stated
that Sir Hugh Allan knew, before he subscribed a single
farthing, that the privilege of building the railway
could be conceded only to an amalgamated company.
When it was shown some months after the elections
that the proposed amalgamation could not be effected,
the government issued a royal charter to a new company
in which all the provinces were fairly represented,
and in which Sir Hugh Allan appears at first to have
had no special influence, although the directors of
their own motion, subsequently selected him as president
on account of his wealth and business standing in
Canada. Despite Sir John Macdonald’s plausible
explanations to the governor-general, and his vigorous
and even pathetic appeal to the house before he resigned,
the whole transaction was unequivocally condemned
by sound public opinion. His own confidential
secretary, whom he had chosen before his death as
his biographer, admits that even a large body of his
faithful supporters “were impelled to the conclusion
that a government which had benefited politically
by large sums of money contributed by a person with
whom it was negotiating on the part of the Dominion,
could no longer command their confidence or support,
and that for them the time had come to choose between
their conscience and their party.”
The immediate consequence of this
very unfortunate transaction was the formation of
a Liberal government by Mr. Alexander Mackenzie, the
leader of the opposition, who had entered the old
parliament of Canada in 1861, and had been treasurer
in the Ontario ministry led by Mr. Blake until 1872.
He was Scotch by birth, and a stonemason by trade.
He came to Canada in early manhood, and succeeded
in raising himself above his originally humble position
to the highest in the land. His great decision
of character, his clear, logical intellect, his lucid,
incisive style of speaking, his great fidelity to
principle, his inflexible honesty of purpose, made
him a force in the Liberal party, who gladly welcomed
him as the leader of a government. When he appealed
to the country in 1874, he was supported by a very
large majority of the representatives of the people.
His administration remained in office until the autumn
of 1878, and passed many measures of great usefulness
to the Dominion. The North-west territories were
separated from the government of Manitoba, and first
organised under a lieutenant-governor and council,
appointed by the governor-general of Canada. In
1875, pending the settlement of the western boundary
of Ontario, it was necessary to create a separate
territory out of the eastern part of the North-west,
known as the district of Keewatin, which was placed
under the jurisdiction of the lieutenant-governor
of Manitoba. This boundary dispute was not settled
until 1884, when the judicial committee of the privy
council, to whose decision the question had been referred,
materially altered the limits of Keewatin and extended
the western boundaries of Ontario. In 1878, in
response to an address of the Canadian parliament,
an imperial order in council was passed to annex to
the Dominion all British possessions in North America
not then included within the confederation an
order intended to place beyond question the right
of Canada to all British North America except Newfoundland.
In the course of succeeding years a system of local
government was established in the North-west territories
and a representation allowed them in the senate and
house of commons.
As soon as the North-west became a
part of the Dominion, the Canadian government recognised
the necessity of making satisfactory arrangements
with the Indian tribes. The policy first laid
down in the proclamation of 1763 was faithfully carried
out in this great region. Between 1871 and 1877
seven treaties were made by the Canadian government
with the Crees, Chippewas, Salteaux, Ojibways, Blackfeet,
Bloods and Piegans, who received certain reserves
of land, annual payments of money and other benefits,
as compensation for making over to Canada their title
to the vast country where they had been so long the
masters. From that day to this the Indians have
become the wards of the government, who have always
treated them with every consideration. The Indians
live on reserves allotted to them in certain districts
where schools of various classes have been provided
for their instruction. They are systematically
taught farming and other industrial pursuits; agents
and instructors visit the reserves from time to time
to see that the interests of the Indians are protected;
and the sale of spirits is especially forbidden in
the territories chiefly with the view of guarding
the Indians from such baneful influences. The
policy of the government for the past thirty years
has been on the whole most satisfactory from every
point of view. In the course of a few decades
the Indians of the prairies will be an agricultural
population, able to support themselves.
The Mackenzie ministry established
a supreme court, or general court of appeal, for Canada.
The election laws were amended so as to abolish public
nominations and property qualification for members
of the house of commons, as well as to provide for
vote by ballot and simultaneous polling at a general
election a wise provision which had existed
for some years in the province of Nova Scotia.
An act passed by Sir John Macdonald’s government
for the trial of controverted elections by judges
was amended, and a more ample and effective provision
made for the repression and punishment of bribery
and corruption at elections. A force of mounted
police was organised for the maintenance of law and
order in the North-west territories. The enlargement
of the St. Lawrence system of canals was vigorously
prosecuted in accordance with the report of a royal
commission, appointed in 1870 by the previous administration
to report on this important system of waterways.
A Canada temperance act known by the name
of Senator Scott, who introduced it when secretary
of state was passed to allow electors in
any county to exercise what is known as “local
option”; that is to say, to decide by their
votes at the polls whether they would permit the sale
of intoxicating liquors within their respective districts.
This act was declared by the judicial committee of
the privy council to be constitutional and was extended
in the course of time to very many counties of the
several provinces; but eventually it was found quite
impracticable to enforce the law, and the great majority
of those districts of Ontario and Quebec, which had
been carried away for a time on a great wave of moral
reform to adopt the act, decided by an equally large
vote to repeal it. The agitation for the extension
of this law finally merged into a wide-spread movement
among the temperance people of the Dominion for the
passage of a prohibitory liquor law by the parliament
of Canada. In 1898 the question was submitted
to the electors of the provinces and territories by
the Laurier government. The result was a majority
of only 14,000 votes in favour of prohibition out of
a total vote of 543,049, polled throughout the Dominion.
The province of Quebec declared itself against the
measure by an overwhelming vote. The temperance
people then demanded that the Dominion government should
take immediate action in accordance with this vote;
but the prime minister stated emphatically to the
house of commons as soon as parliament opened in March,
1899, “that the voice of the electorate, which
has been pronounced in favour of prohibition only
twenty-three per cent. of the total electoral vote
of the Dominion is not such as to justify
the government in introducing a prohibitory law.”
In the premier’s opinion the government would
not be justified in following such a course “unless
at least one-half of the electorate declared itself
at the polls in its favour.” In the province
of Manitoba, where the people have pronounced themselves
conclusively in favour of prohibition, the Macdonald
government are now moving to give effect to the popular
wishes and restrain the liquor traffic so far as it
is possible to go under the provisions of the British
North America act of 1867 and the decisions of the
courts as to provincial powers.
For two years and even longer, after
its coming into office, the Mackenzie government was
harassed by the persistent effort that was made in
French Canada for the condonation of the serious offences
committed by Riel and his principal associates during
the rebellion of 1870. Riel had been elected
by a Manitoba constituency in 1874 to the Dominion
house of commons and actually took the oath of allegiance
in the clerk’s office, but he never attempted
to sit, and was subsequently expelled as a fugitive
from criminal justice. Lepine was convicted of
murder at Winnipeg and sentenced to be hanged, when
the governor-general, Lord Dufferin, intervened and
commuted the sentence to two years’ imprisonment,
with the approval of the imperial authorities, to whom,
as an imperial officer entrusted with large responsibility
in the exercise of the prerogative of mercy, he had
referred the whole question. Soon afterwards
the government yielded to the strong pressure from
French Canada and relieved the tension of the public
situation by obtaining from the representative of
the crown an amnesty for all persons concerned in
the North-west troubles, with the exception of Riel
and Lepine, who were banished for five years, when
they also were to be pardoned. O’Donohue
was not included, as his first offence had been aggravated
by his connection with the Fenian raid of 1871, but
he was allowed in 1877 the benefit of the amnesty.
The action of Lord Dufferin in pardoning Lepine and
thereby relieving his ministers from all responsibility
in the matter was widely criticised, and no doubt had
much to do with bringing about an alteration in the
terms of the governor-general’s commission and
his instructions with respect to the prerogative of
mercy. Largely through the instrumentality of
Mr. Blake, who visited England for the purpose, in
1875, new commissions and instructions have been issued
to Lord Dufferin’s successors, with a due regard
to the larger measure of constitutional freedom now
possessed by the Dominion of Canada. As respects
the exercise of the prerogative of mercy, the independent
judgment of the governor-general may be exercised
in cases of imperial interest, but only after consultation
with his responsible advisers, while he is at liberty
to yield to their judgment in all cases of local concern.
One of the most important questions
with which the Mackenzie government was called upon
to deal was the construction of the Canadian Pacific
railway. It was first proposed to utilise the
“water-stretches” on the route of the
railroad, and in that way lessen its cost, but the
scheme was soon found to be impracticable. The
people of British Columbia were aggrieved at the delay
in building the railway, and several efforts were
made to arrange the difficulty through the intervention
of the Earl of Carnarvon, colonial secretary of state,
of the governor-general when he visited the province
in 1876, and of Mr., afterwards Sir, James Edgar,
who was authorised to treat with the provincial government
on the subject. At the instance of the secretary
of state the government agreed to build immediately
a road from Esquimalt to Nanaimo on Vancouver Island,
to prosecute the surveys with vigour, and make arrangements
for the completion of the railway in 1890. Mr.
Blake opposed these terms, and in doing so no doubt
represented the views of a large body of the Liberal
party, who believed that the government of Canada had
in 1871 entered into the compact with British Columbia
without sufficient consideration of the gravity of
the obligation they were incurring. The commons,
however, passed the Esquimalt and Nanaimo bill only
to hear of its rejection in the senate, where some
Liberals united with the Conservative majority to
defeat it. When the surveys were all completed,
the government decided to build the railway as a public
work; but by the autumn of 1878, when Mr. Mackenzie
was defeated at a general election, only a few miles
of the road had been completed, and the indignation
of British Columbia had become so deep that the legislature
passed a resolution for separation from the Dominion
unless the terms of union were soon fulfilled.
During the existence of the Mackenzie
government there was much depression in trade throughout
the Dominion, and the public revenues showed large
deficits in consequence of the falling-off of imports.
When the elections took place in September, 1878,
the people were called upon to give their decision
on a most important issue. With that astuteness
which always enabled him to gauge correctly the tendency
of public opinion, Sir John Macdonald recognised the
fact that the people were prepared to accept any new
fiscal policy which promised to relieve the country
from the great depression which had too long hampered
internal and external trade. In the session of
1878 he brought forward a resolution, declaring emphatically
that the welfare of Canada required “the adoption
of a national policy which, by a judicious readjustment
of the tariff will benefit the agricultural, the mining,
the manufacturing and other interests of the Dominion
... will retain in Canada thousands of our fellow-countrymen
now obliged to expatriate themselves in search of
the employment denied them at home ... will restore
prosperity to our struggling industries now so sadly
depressed ... will prevent Canada from being made
a sacrifice market ... will encourage and develop an
interprovincial trade ... and will procure eventually
for this country a reciprocity of trade with the United
States.” This ingenious resolution was
admirably calculated to captivate the public mind,
though it was defeated in the house of commons by
a large majority. Mr. Mackenzie was opposed to
the principle of protection, and announced the determination
of the government to adhere to a revenue tariff instead
of resorting to any protectionist policy, which would,
in his opinion, largely increase the burdens of the
people under the pretence of stimulating manufactures.
As a consequence of his unbending fidelity to the
principles of his life, Mr. Mackenzie was beaten at
the general election by an overwhelming majority.
If he had possessed even a little of the flexibility
of his astute opponent he would have been more successful
as a leader of a party.
One of Lord Dufferin’s last
official acts in October, 1878, was to call upon Sir
John Macdonald to form a new administration on the
resignation of Mr. Mackenzie. The new governor-general,
the Marquess of Lorne, and the Princess Louise, arrived
in Canada early in November and were everywhere received
with great enthusiasm. The new protective policy “the
National Policy” as the Conservatives like best
to name it was laid before parliament in
the session of 1879, by Sir Leonard Tilley, then finance
minister; and though it has undergone some important
modifications since its introduction it has formed
the basis of the Canadian tariff for twenty years.
The next important measure of the government was the
vigorous prosecution of the Canadian Pacific railway.
During the Mackenzie administration the work had made
little progress, and the people of British Columbia
had become very indignant at the failure to carry
out the terms on which they had entered the confederation.
In the session of 1880-81 Sir Charles Tupper, minister
of railways, announced that the government had entered
into a contract with a company of capitalists to construct
the railway from Montreal to Burrard’s Inlet.
Parliament ratified the contract by a large majority
despite the vigorous opposition made by Mr. Blake,
then leader of the Liberal party, who had for years
considered this part of the agreement with British
Columbia as extremely rash. Such remarkable energy
was brought to the construction of this imperial highway
that it was actually in operation at the end of five
years after the commencement of the work only
one-half of the time allowed in the charter for its
completion. The financial difficulties which the
company had to encounter in the progress of the work
were very great, and they were obliged in 1884 to
obtain a large loan from the Dominion government.
The loan was secured on the company’s property,
and was paid off by 1887. The political fortunes
of the Conservative administration, in fact, were
indissolubly connected with the success of this national
enterprise, and from the moment when the company commenced
the work Sir John Macdonald never failed to give it
his complete confidence and support.
One of the delicate questions which
the Macdonald government was called upon to settle
soon after their coming into office was what is known
as “the Letellier affair.” In March,
1878, the lieutenant-governor of the province of Quebec,
Mr. Letellier de Saint-Just, who had been previously
a member of the Mackenzie Liberal government, dismissed
the Boucherville Conservative ministry on the ground
that they had taken steps in regard to both administrative
and legislative measures not only contrary to his
representations, but even without previously advising
him of what they proposed to do. At his request
Mr., now Sir, Henry Joly de Lotbiniere formed a Liberal
administration, which appealed to the country.
The result was that the two parties came back evenly
balanced. The Conservatives of the province were
deeply irritated at this action of the lieutenant-governor,
and induced Sir John Macdonald, then leader of the
opposition, to make a motion in the house of commons,
declaring Mr. Letellier’s conduct “unwise
and subversive of the sound principles of responsible
government.” This motion was made as an
amendment on the proposal to go into committee of
supply, and under a peculiar usage of the Canadian
commons it was not permitted to move a second amendment
at this stage. Had such a course been regular,
the Mackenzie government would have proposed an amendment
similar to that which was moved in the senate, to
the effect that it was inexpedient to offer any opinion
on the action of the lieutenant-governor of Quebec
for the reason that “the federal and provincial
governments, each in its own sphere, enjoyed responsible
government equally, separately, and independently” in
other words, that the wisest constitutional course
to follow under the circumstances was to allow each
province to work out responsible government without
any undue interference on the part of the Dominion
government or parliament. As it happened, however,
Mr. Mackenzie and his colleagues had no alternative
open to them but to vote down the motion proposed
in the commons; while in the Conservative senate the
amendment, which could not be submitted to the lower
house under the rules, was defeated, and the motion
condemning the lieutenant-governor carried by a large
party vote.
In 1879, when the Macdonald government
was in office, the matter was again brought before
the house of commons and the same motion of censure
that had been defeated in 1878 was introduced in the
same way as before, and carried by a majority of 85.
The prime minister then informed Lord Lorne that in
the opinion of the government Mr. Letellier’s
“usefulness was gone,” and he recommended
his removal from office; but the governor-general
was unwilling to agree hastily to such a dangerous
precedent as the removal of a lieutenant-governor,
and as an imperial officer he referred the whole matter
to her Majesty’s government for their consideration
and instructions. The colonial secretary did not
hesitate to state “that the lieutenant-governor
of a province has an indisputable right to dismiss
his ministers if, from any cause, he feels it incumbent
to do so,” but that, in deciding whether the
conduct of a lieutenant-governor merits removal from
his office, as in the exercise of other powers vested
in him by the imperial state the governor-general
“must act by and with the advice of his ministers.”
After further consideration of the subject, the Canadian
government again recommended the dismissal of Mr.
Letellier, and the governor-general had now no alternative
except to act on the advice of his responsible ministers.
It was unfortunate that the constitutional issue was
obscured, from the outset, by the political bitterness
that was imported into it, and that the procedure,
followed in two sessions, of proposing an amendment,
condemnatory of the action of the lieutenant-governor,
on the motion of going into committee of supply, prevented
the house from coming to a decision squarely on the
true constitutional issue actually raised
in the senate in 1878 whether it was expedient
for the parliament or government of Canada to interfere
in a matter of purely provincial concern.
In 1891 another case of the dismissal
of a ministry, having a majority in the assembly,
occurred in the province of Quebec, but the intervention
of parliament was not asked for the purpose of censuring
the lieutenant-governor for the exercise of his undoubted
constitutional power. It appears that, in 1891,
the evidence taken before a committee of the senate
showed that gross irregularities had occurred in connection
with the disbursement of certain government subsidies
which had been voted by parliament for the construction
of the Bay des Chaleurs railway, and that
members of the Quebec cabinet were compromised in
what was clearly a misappropriation of public money.
In view of these grave charges, Lieutenant-governor
Angers forced his prime minister, Mr. Honore Mercier,
to agree to the appointment of a royal commission
to hold an investigation into the transaction in question.
When the lieutenant-governor was in possession of the
evidence taken before this commission, he came to
the conclusion that it was his duty to relieve Mr.
Mercier and his colleagues of their functions as ministers
“in order to protect the dignity of the crown
and safeguard the honour and interest of the province
in danger.” Mr. de Boucherville was then
called upon to form a ministry which would necessarily
assume full responsibility for the action of the lieutenant-governor
under the circumstances, and after some delay the
new ministry went to the country and were sustained
by a large majority. It is an interesting coincidence
that the lieutenant-governor who dismissed the Mercier
government and the prime minister who assumed full
responsibility for the dismissal of the Mercier administration,
were respectively attorney-general and premier in
the cabinet who so deeply resented a similar action
in 1878. But Mr. Letellier was then dead notoriously
as a result of the mental strain to which he had been
subject in the constitutional crisis which wrecked
his political career and it was left only
for his friends to feel that the whirligig of time
brings its revenge even in political affairs.
A very important controversy involving
old issues arose in 1888 in connection with an act
passed by the Mercier government of Quebec for the
settlement of the Jesuits’ estates, which, so
long ago as 1800, had fallen into the hands of the
British government, on the death of the last surviving
member of the order in Canada, and had been, after
some delay, applied to the promotion of public instruction
in the province of Quebec. The bishops of the
Roman Catholic Church always contended that the estates
should have been vested in them “as the ordinaries
of the various diocèses in which this property
was situated.” After confederation, the
estates became the property of the government of Quebec
and were entirely at the disposal of the legislature.
The Jesuits in the meantime had become incorporated
in the province, and made, as well as the bishops,
a claim to the estates. Eventually, to settle
the difficulty and strengthen himself with the ecclesiastics
of the province, Mr. Mercier astutely passed a bill
through the legislature, authorising the payment of
$400,000 as compensation to the Jesuits in lieu of
all the lands held by them prior to the conquest and
subsequently confiscated by the crown. It was
expressly set forth in the preamble of the act and
it was this proposition which offended the extreme
Protestants that the amount of compensation
was to remain as a special deposit until the Pope
had made known his wishes respecting the distribution.
Some time later the Pope divided the money among the
Jesuits, the archbishops and bishops of the province,
and Laval University. The whole matter came before
the Dominion house of commons in 1888, when a resolution
was proposed to the effect that the government should
have at once disallowed the act as beyond the power
of the legislature, because, among other reasons,
“it recognizes the usurpation of a right by
a foreign authority, namely his Holiness the Pope,
to claim that his consent was necessary to dispose
of and appropriate the public funds of a province.”
The very large vote in support of the action of the
government-188 against 13-was chiefly influenced by
the conviction that, to quote the minute of council,
“the subject-matter of the act was one of provincial
concern, only having relation to a fiscal matter entirely
within the control of the legislature of Quebec.”
The best authorities agree in the wisdom of not interfering
with provincial legislation except in cases where there
is an indisputable invasion of Dominion jurisdiction
or where the vital interests of Canada as a whole
may imperatively call for such interference.
In March, 1885, Canada was startled
by the news that the half-breeds of the Saskatchewan
district in the North-west had risen in rebellion
against the authority of the Dominion government.
It is difficult to explain clearly the actual causes
of an uprising which, in all probability, would never
have occurred had it not been for the fact that Riel
had been brought back from Montana by his countrymen
to assist them in obtaining a redress of certain grievances.
This little insurrection originated in the Roman Catholic
mission of St. Laurent, situated between the north
and south branches of the Saskatchewan River, and
contiguous to the British settlement of Prince Albert.
Within the limits of this mission there was a considerable
number of half-breeds, who had for the most part migrated
from Manitoba after selling the “scrip”
for lands generously granted to them after the restoration
of order in 1870 to the Red River settlements.
Government surveyors had been busily engaged for some
time in laying out the Saskatchewan country in order
to keep pace with the rapidly increasing settlement.
When they came to the mission of St. Laurent they
were met with the same distrust that had done so much
harm in 1870. The half-breeds feared that the
system of square blocks followed by the surveyors
would seriously interfere with the location of the
farms on which they had “squatted” in accordance
with the old French system of deep lots with a narrow
frontage on the banks of the rivers. The difficulties
arising out of these diverse systems of surveys caused
a considerable delay in the issue of patents for lands,
and dissatisfied the settlers who were anxious to know
what land their titles covered. The half-breeds
not only contended that their surveys should be respected,
but that they should be also allowed scrip for two
hundred and forty acres of land, as had been done in
the case of their compatriots in Manitoba. Many
of the Saskatchewan settlers had actually received
this scrip before they left the province, but nevertheless
they hoped to obtain it once more from the government,
and to sell it with their usual improvidence to the
first speculators who offered them some ready money.
The delay of the government in issuing
patents and scrip and the system of surveys were no
doubt the chief grievances which enabled Riel and
Dumont the latter a resident of Batoche to
excite the half-breeds against the Dominion authorities
at Ottawa. When a commission was actually appointed
by the government in January, 1885, to allot scrip
to those who were entitled to receive it, the half-breeds
were actually ready for a revolt under the malign
influence of Riel and his associates. Riel believed
for some time after his return in 1884 that he could
use the agitation among his easily deluded countrymen
for his own selfish purposes. It is an indisputable
fact that he made an offer to the Dominion government
to leave the North-west if they would pay him a considerable
sum of money. When he found that there was no
likelihood of Sir John Macdonald repeating the mistake
which he had made at the end of the first rebellion,
Riel steadily fomented the agitation among the half-breeds,
who were easily persuaded to believe that a repetition
of the disturbances of 1870 would obtain them a redress
of any grievances they might have. It is understood
that one of the causes that aggravated the agitation
at its inception was the belief entertained by some
white settlers of Prince Albert that they could use
the disaffection among the half-breeds for the purpose
of repeating the early history of Manitoba, and forcing
the Dominion government to establish a new province
in the Saskatchewan country, though its entire population
at that time would not have exceeded ten thousand
persons, of whom a large proportion were half-breeds.
Riel for a time skilfully made these people believe
that he would be a ductile instrument in their hands,
but when his own plans were ripe for execution he
assumed despotic control of the whole movement and
formed a provisional government in which he and his
half-breed associates were dominant, and the white
conspirators of Prince Albert were entirely ignored.
The loyal people of Prince Albert, who had always
disapproved of the agitation, as well as the priests
of the mission, who had invariably advised their flock
to use only peaceful and constitutional methods of
redress, were at last openly set at defiance and insulted
by Riel and his associates. The revolt broke out
on the 25th March, 1885, when the half-breeds took
forcible possession of the government stores, and
made prisoners of some traders at Duck Lake.
A small force of Mounted Police under the command of
Superintendent Crozier was defeated near the same place
by Dumont, and the former only saved his men from
destruction by a skilful retreat to Fort Carleton.
The half-breed leaders circulated the news of this
victory over the dreaded troops of the government among
the Indian bands of the Saskatchewan, a number of
whom immediately went on the war-path. Fort Carleton
had to be given up by the mounted police, who retired
to Prince Albert, the key of the district. The
town of Battleford was besieged by the Indians, but
they were successfully kept in check for weeks until
the place was relieved. Fort Pitt was evacuated
by Inspector Dickens, a son of the great novelist,
who succeeded in taking his little force of police
into Battleford. Two French missionaries and several
white men were ruthlessly murdered at Frog Lake by
a band of Crees, and two women were dragged from the
bodies of their husbands and carried away to the camp
of Big Bear. Happily for them some tender-hearted
half-breeds purchased them from the Indians and kept
them in safety until they were released at the close
of the disturbances.
The heart of Canada was now deeply
stirred and responded with great heartiness to the
call of the government for troops to restore order
to the distracted settlements. The minister of
militia, Mr. Adolphe Caron afterwards knighted
for his services on this trying occasion showed
great energy in the management of his department.
Between four and five thousand men were soon on the
march for the territories under Major-General Middleton,
the English officer then in command of the Canadian
militia. Happily for the rapid transport of the
troops the Canadian Pacific Railway was so far advanced
that, with the exception of 72 miles, it afforded
a continuous line of communication from Montreal to
Qu’Appelle. The railway formed the base
from which three military expeditions could be despatched
to the most important points of the Saskatchewan country one
direct to Batoche, a second to Battleford, and a third
for a flank movement to Fort Edmonton, where a descent
could be made down the North Saskatchewan for the purpose
of recapturing Fort Pitt and attacking the rebellious
Indians under Big Bear. On the 24th of April
General Middleton fought his first engagement with
the half-breeds, who were skilfully concealed in rifle
pits in the vicinity of Fish Creek, a small erratic
tributary of the South Saskatchewan. Dumont for
the moment succeeded in checking the advance of the
Canadian forces, who fought with much bravery but were
placed at a great disadvantage on account of Middleton
not having taken sufficient precautions against a
foe thoroughly acquainted with the country and cunningly
hidden. The Canadian troops were soon able to
continue their forward movement and won a decisive
victory at Batoche, in which Colonels Williams, Straubenzie,
and Grasett notably distinguished themselves.
Riel was soon afterwards captured on the prairie, but
Dumont succeeded in crossing the frontier of the United
States. While Middleton was on his way to Batoche,
Lieutenant-Colonel Otter of Toronto, an able soldier
who was, fifteen years later, detached for active service
in South Africa, was on the march for the relief of
Battleford, and had on the first of May an encounter
with a large band of Indians under Poundmaker on the
banks of Cut Knife Creek, a small tributary of the
Battle River. Though Otter did not win a victory,
he showed Poundmaker the serious nature of the contest
in which he was engaged against the Canadian government,
and soon afterwards, when the Cree chief heard of
the defeat of the half-breeds at Batoche, he surrendered
unconditionally. Another expedition under the
command of Lieutenant-Colonel Strange also relieved
Fort Pitt; and Big Bear was forced to fly into the
swampy fastnesses of the prairie wilderness, but was
eventually captured near Fort Carleton by a force of
Mounted Police.
This second rebellion of the half-breeds
lasted about three months, and cost the country upwards
of five million dollars. Including the persons
murdered at Frog Lake, the loyal population of Canada
lost thirty-six valuable lives, among whom was Lieutenant-Colonel
Williams, a gallant officer, and a member of the house
of commons, who succumbed to a serious illness brought
on by his exposure on the prairie. The casualties
among the half-breeds were at least as large, if not
greater. Five Indian chiefs suffered the extreme
penalty of the law, while Poundmaker, Big Bear, and
a number of others were imprisoned in the territories
for life or for a term of years, according to the gravity
of their complicity in the rebellion. Any hopes
that Riel might have placed in the active sympathy
of the French Canadian people of Quebec were soon
dispelled. He was tried at Regina in July and
sentenced to death, although the able counsel allotted
to him by the government exhausted every available
argument in his defence, even to the extent of setting
up a plea of insanity, which the prisoner himself deeply
resented. The most strenuous efforts were made
by the French Canadians to force the government to
reprieve him, but Sir John Macdonald was satisfied
that the loyal sentiment of the great majority of
the people of Canada demanded imperatively that the
law should be vindicated. The French Canadian
representatives in the cabinet, Langevin, Chapleau,
and Caron, resisted courageously the storm of obloquy
which their determination to support the prime minister
raised against them; and Riel was duly executed on
the 16th November. For some time after his death
attempts were made to keep up the excitement which
had so long existed in the province of Quebec on the
question. The Dominion government was certainly
weakened for a time in Quebec by its action in this
matter, while Mr. Honore Mercier skilfully used the
Riel agitation to obtain control of the provincial
government at the general election of 1886, but only
to fall five years later, under circumstances which
must always throw a shadow over the fame of a brilliant,
but unsafe, political leader (see . The
attempt to make political capital out of the matter
in the Dominion parliament had no other result than
to weaken the influence in Ontario of Mr. Edward Blake,
the leader of the opposition since the resignation
of Mr. Mackenzie in 1880. He was left without
the support of the majority of the Liberal representatives
of the province in the house of commons when he condemned
the execution of Riel, principally on the ground that
he was insane a conclusion not at all justified
by the report of the medical experts who had been chosen
by the government to examine the condemned man previous
to the execution. The energy with which this
rebellion was repressed showed both the half-breeds
and the Indians of the west the power of the Ottawa
government. From that day to this order has prevailed
in the western country, and grievances have been redressed
as far as possible. The readiness with which
the militia force of Canada rallied to the support
of the government was conclusive evidence of the deep
national sentiment that existed throughout the Dominion.
In Ottawa, Port Hope, and Toronto monuments have been
raised in memory of the brave men who gave up their
lives for the Dominion, but probably the most touching
memorial of this unfortunate episode in Canadian history
is the rude cairn of stone which still stands among
the wild flowers of the prairie in memory of the gallant
fellows who were mown down by the unerring rifle shots
of the half-breeds hidden in the ravines of Fish Creek.
In 1885 parliament passed a general
franchise law for the Dominion in place of the system which
had prevailed since 1867 of taking the
electoral lists of the several provinces as the lists
for elections to the house of commons. The opposition
contested this measure with great persistency, but
Sir John Macdonald pressed it to a successful conclusion,
mainly on the ground that it was necessary in a country
like Canada, composed of such diverse elements, to
have for the Dominion uniformity of suffrage, based
on a small property qualification, instead of having
diverse systems of franchise in some provinces,
universal franchise, to which he and other Conservatives
generally were strongly opposed.
Between 1880 and 1894 Canada was called
upon to mourn the loss of a number of her ablest and
brightest statesmen one of them the most
notable in her political history. It was on a
lovely May day of 1880 that the eminent journalist
and politician, George Brown, died from the effects
of a bullet wound which he received at the hand of
one Bennett, a printer, who had been discharged by
the Globe for drunkenness and incapacity.
The Conservative party in 1888 suffered a great loss
by the sudden decease of Mr. Thomas White, minister
of the interior in the Macdonald ministry, who had
been for the greater part of his life a prominent
journalist, and had succeeded in winning a conspicuous
and useful position in public affairs as a writer,
speaker, and administrator. Three years later,
the Dominion was startled by the sad announcement,
on the 6th June, 1891, that the voice of the great
prime minister, Sir John Macdonald, who had so long
controlled the affairs of Canada, would never more
be heard in that federal parliament of which he had
been one of the fathers. All classes of Canadians
vied with one another in paying a tribute of affection
and respect to one who had been in every sense a true
Canadian. Men forgot for the moment his mistakes
and weaknesses, the mistakes of the politician and
the weaknesses of humanity, “only to remember” to
quote the eloquent tribute paid to him by Mr. Laurier,
then leader of the opposition “that
his actions always displayed great originality of
view, unbounded fertility of resources, a high level
of intellectual conception, and above all, a far-reaching
vision beyond the event of the day, and still higher,
permeating the whole, a broad patriotism, a devotion
to Canada’s welfare, Canada’s advancement,
and Canada’s glory.” His obsequies
were the most stately and solemn that were ever witnessed
in the Dominion; his bust was subsequently unveiled
in the crypt of St. Paul’s Cathedral by the Earl
of Rosebery, when prime minister of England; noble
monuments were raised to his memory in the cities
of Hamilton, Toronto, Ottawa, and Montreal; and the
Queen addressed a letter full of gracious sympathy
to his widow and conferred on her the dignity of a
peeress of the United Kingdom under the title of Baroness
of Earnscliffe, as a mark of her Majesty’s gratitude
“for the devoted and faithful services which
he rendered for so many years to his sovereign and
his Dominion.”
Mr. Alexander Mackenzie, stonemason,
journalist, and prime minister, died in April, 1892,
a victim to the paralysis which had been steadily
creeping for years over his enfeebled frame, and made
him a pitiable spectacle as he sat like a Stoic in
the front seats of the opposition, unable to speak
or even to rise without the helping arm of some attentive
friend. On the 30th October, 1893, Sir John Abbott,
probably the ablest commercial lawyer in Canada, who
had been premier of Canada since the death of Sir
John Macdonald, followed his eminent predecessors
to the grave, and was succeeded by Sir John Thompson,
minister of justice in the Conservative government
since September, 1885. A great misfortune again
overtook the Conservative party on the 12th December,
1894, when Sir John Thompson died in Windsor Castle,
whither he had gone at her Majesty’s request
to take the oath of a privy councillor of England high
distinction conferred upon him in recognition of his
services on the Bering Sea arbitration. Sir John
Thompson was gifted with a rare judicial mind, and
a remarkable capacity for the lucid expression of
his thoughts, which captivated his hearers even when
they were not convinced by arguments clothed in the
choicest diction. His remains were brought across
the Atlantic by a British frigate, and interred in
his native city of Halifax with all the stately ceremony
of a national funeral. The governor-general,
Lord Stanley of Preston, now the Earl of Derby, called
upon the senior privy councillor in the cabinet, Sir
Mackenzie Bowell, to form a new ministry. He continued
in office until April, 1896, when he retired in favour
of Sir Charles Tupper, who resigned the position of
high commissioner for Canada in England to enter public
life as the recognised leader of the Liberal-Conservative
party. This eminent Canadian had already reached
the middle of the eighth decade of his life, but age
had in no sense impaired the vigour or astuteness
of his mental powers. He has continued ever since,
as leader of the Liberal-Conservative party, to display
remarkable activity in the discussion of political
questions, not only as a leader of parliament, but
on the public platform in every province of the Dominion.
During the session of 1891 the political
career of Sir Hector Langevin, the leader of the Liberal-Conservative
party in French Canada, was seriously affected by
certain facts disclosed before the committee of privileges
and elections. This committee had been ordered
by the house of commons to inquire into charges made
by Mr. Israel Tarte against another member of the
house, Mr. Thomas McGreevy, who was accused of having
used his influence as a commissioner of the Quebec
harbour, a government appointment, to obtain fraudulently
from the department of public works, presided over
by Sir Hector for many years, large government contracts
in connection with the Quebec harbour and other works.
The report of the majority of the committee found Mr.
McGreevy guilty of fraudulent acts, and he was not
only expelled from the house but was subsequently
imprisoned in the Ottawa common gaol after his conviction
on an indictment laid against him in the criminal court
of Ontario. With respect to the complicity of
the minister of public works in these frauds the committee
reported that it was clear that, while the conspiracy
had been rendered effective by reason of the confidence
which Sir Hector Langevin placed in Mr. McGreevy and
in the officers of the department, yet the evidence
did not justify them in concluding that Sir Hector
knew of the conspiracy or willingly lent himself to
its objects. A minority of the committee, on
the other hand, took the opposite view of the transactions,
and claimed that the evidence showed the minister
to be cognisant of the facts of the letting of the
contracts, and that in certain specified cases he
had been guilty of the violation of a public trust
by allowing frauds to be perpetrated. The report
of the majority was carried by a party vote, with
the exception of two Conservative members who voted
with the minority. Sir Hector Langevin had resigned
his office in the government previous to the inquiry,
and though he continued in the house for the remainder
of its constitutional existence, he did not present
himself for re-election in 1896 when parliament was
dissolved.
Unhappily it was not only in the department
of public works that irregularities were discovered.
A number of officials in several departments were
proved before the committee of public accounts to have
been guilty of carelessness or positive misconduct
in the discharge of their duties, and the government
was obliged, in the face of such disclosures, to dismiss
or otherwise punish several persons in whom they had
for years reposed too much confidence.
On the 20th and 21st of June, 1893,
a convention of the most prominent representative
Liberals of the Dominion was held in the city of Ottawa;
and Sir Oliver Mowat, the veteran premier of Ontario,
was unanimously called upon to preside over this important
assemblage. Resolutions were passed with great
enthusiasm in support of tariff reform, a fair measure
of reciprocal trade with the United States, a sale
of public lands only to actual settlers upon reasonable
terms of settlement, an honest and economical administration
of government, the right of the house of commons to
inquire into all matters of public expenditure and
charges of misconduct against ministers, the reform
of the senate, the submission of the question of prohibition
to a vote of the people, and the repeal of the Dominion
franchise act passed in 1885, as well as of the measure
of 1892, altering the boundaries of the electoral districts
and readjusting the representation in the house of
commons. This convention may be considered the
commencement of that vigorous political campaign,
which ended so successfully for the Liberal party in
the general election of 1896.
In the summer of 1894 there was held
in the city of Ottawa a conference of delegates from
eight self-governing colonies in Australasia, South
Africa, and America, who assembled for the express
purpose of discussing questions which affected not
merely their own peculiar interests, but touched most
nearly the unity and development of the empire at large
The imperial government was represented by the Earl
of Jersey, who had been a governor of one of the Australian
colonies. After very full discussion the conference
passed resolutions in favour of the following measures:
(1) Imperial legislation enabling
the dependencies of the empire to enter into agreements
of commercial reciprocity, including the power to
make differential tariffs with Great Britain or with
one another. (2) The removal of any restrictions in
existing treaties between Great Britain and any foreign
power, which prevent such agreements of commercial
reciprocity. (3) A customs arrangement between Great
Britain and her colonies by which trade within the
empire might be placed on a more favourable footing
than that which is carried on with foreign countries.
(4) Improved steamship communication between Canada,
Australasia, and Great Britain. (5) Telegraph communication
by cable, free from foreign control, between Canada
and Australia. These various resolutions were
brought formally by the Earl of Jersey to the notice
of the imperial government, which expressed the opinion,
through the Marquess of Ripon, then secretary of state
for the colonies, that the “general economic
results” of the preferential trade recommended
by the conference “would not be beneficial to
the empire.” Lord Ripon even questioned
the desirability of denouncing at that time the treaties
with Belgium and Germany a subject which
had engaged the attention of the Canadian parliament
in 1892, when the government, of which Sir John Abbott
was premier, passed an address to the Queen, requesting
that immediate steps be taken to free Canada from
treaty restrictions “incompatible with the rights
and powers conferred by the British North America
act of 1867 for the regulation of the trade and commerce
of the Dominion.” Any advantages which
might be granted by Great Britain to either Belgium
or the German Zollverein under these particular
treaties, would also have to be extended to a number
of other countries which had what is called the “favoured
nations clause” in treaties with England.
While these treaty stipulations with regard to import
duties did not prevent differential treatment by the
United Kingdom in favour of British colonies, or differential
treatment by British colonies in favour of each other,
they did prevent differential treatment by British
colonies in favour of the United Kingdom. As we
shall presently see, when I come to review the commercial
policy of the new Dominion government three years
later, the practical consequence of these treaties
was actually to force Canada to give for some months
not only to Germany and Belgium, but to a number of
other countries, the same commercial privileges which
they extended in 1897 to the parent state.
Among the difficult questions, which
have agitated the Dominion from time to time and perplexed
both Conservative and Liberal politicians, are controversies
connected with education. By the British North
America act of 1867 the legislature of each province
may exclusively make laws in relation to education,
but at the same time protection is afforded to denominational
or dissentient schools by giving authority to the
Dominion government to disallow an act clearly infringing
the rights or privileges of a religious minority,
or to obtain remedial legislation from parliament
itself according to the circumstances of the case.
From 1871 until 1875 the government of the Dominion
was pressed by petitions from the Roman Catholic inhabitants
of New Brunswick to disallow an act passed by the
provincial legislature in relation to common schools
on the ground that it was an infringement of certain
rights which they enjoyed as a religious body at the
time of confederation. The question not only
came before the courts of New Brunswick and the Canadian
house of commons, but was also submitted to the judicial
committee of the imperial privy council; but only
with the result of showing beyond question that the
objectionable legislation was clearly within the jurisdiction
of the legislature of New Brunswick, and could not
be constitutionally disallowed by the Dominion government
on the ground that it violated any right or privilege
enjoyed by the Roman Catholics at the time of union.
A solution of the question was, however, subsequently
reached by an amicable arrangement between the Roman
Catholics and Protestants, which has ever since worked
most satisfactorily in that province.
The Manitoba school question, which
agitated the country from 1890 until 1896, was one
of great gravity on account of the issues involved.
The history of the case shows that, prior to the formation
of Manitoba in 1870, there was not in the province
any public system of education, but the several religious
denominations had established such schools as they
thought fit to maintain by means of funds voluntarily
contributed by members of their own communion.
In 1871 the legislature of Manitoba established an
educational system distinctly denominational.
In 1890 this law was repealed, and the legislature
established a system of strictly non-sectarian schools.
The Roman Catholic minority of the province was deeply
aggrieved at what they considered a violation of the
rights and privileges which they enjoyed under the
terms of union adopted in 1870. The first subsection
of the twenty-second section of the act of 1870 set
forth that the legislature of the province could not
pass any law with regard to schools which might “prejudicially
affect any right or privilege with respect to denominational
schools which any class of persons have, by law or
practice, in the province at the time of union.”
The dispute was brought before the courts of Canada,
and finally before the judicial committee of the privy
council, which decided that the legislation of 1890
was constitutional inasmuch as the only right or privilege
which the Roman Catholics then possessed “by
law or practice” was the right or privilege
of establishing and maintaining for the use of members
of their own church such schools as they pleased.
The Roman Catholic minority then availed themselves
of another provision of the twenty-second section
of the Manitoba act, which allows an appeal to the
governor-in-council “from any act or decision
of the legislature of the province or of any provincial
authority, affecting any right or privilege of the
Protestant or Roman Catholic minority of the Queen’s
subjects in relation to education.”
The ultimate result of this reference
was a judgment of the judicial committee to the effect
that the appeal was well founded and that the governor-in-council
had jurisdiction in the premises, but the committee
added that “the particular course to be pursued
must be determined by the authorities to whom it has
been committed by the statute.” The third
subsection of the twenty-second section of the Manitoba
act a repetition of the provision of the
British North America act with respect to denominational
schools in the old provinces provides not
only for the action of the governor-in-council in case
a remedy is not supplied by the proper provincial
authority for the removal of a grievance on the part
of a religious minority, but also for the making of
“remedial laws” by the parliament of Canada
for the “due execution” of the provision
protecting denominational schools. In accordance
with this provision Sir Mackenzie Bowell’s government
passed an order-in-council on the 21st March, 1895,
calling upon the government of Manitoba to take the
necessary measures to restore to the Roman Catholic
minority such rights and privileges as were declared
by the highest court of the empire to have been taken
away from them. The Manitoba government not only
refused to move in the matter but expressed its determination
“to resist unitedly by every constitutional means
any such attempt to interfere with their provincial
autonomy.” The result was the introduction
of a remedial bill by Mr. Dickey, minister of justice,
in the house of commons during the session of 1896;
but it met from the outset very determined opposition
during the most protracted sittings one
of them lasting continuously for a week ever
known in the history of the Canadian or any other
legislature of the empire. On several divisions
the bill was supported by majorities ranging from 24
to 18 several French members of the opposition
having voted for it and several Conservative Protestant
members against its passage. The bill was introduced
on the 11th February, and the motion for its second
reading was made on the 3rd March, from which date
it was debated continuously until progress was reported
from a committee of the whole house on the 16th April,
after the house had sat steadily from Monday afternoon
at 3 o’clock until 2 o’clock on the following
Thursday morning. It was then that Sir Charles
Tupper, leader of the government in the house, announced
that no further attempt would be made to press the
bill that session. He stated that it was absolutely
necessary to vote money for the urgent requirements
of the public service and pass other important legislation
during the single week that was left before parliament
would be dissolved by the efflux of time under the
constitutional law, which fixes the duration of the
house of commons “for five years from the day
of the return of the writs for choosing the house
and no longer.”
In the general election of 1896 the
Manitoba school question was an issue of great importance.
From the commencement to the close of the controversy
the opponents of denominational schools combined with
the supporters of provincial rights to defeat the
government which had so determinedly fought for what
it considered to be the legal rights of the Roman
Catholic minority of Manitoba. It had looked confidently
to the support of the great majority of the French
Canadians, but the result of the elections was most
disappointing to the Conservative party. Whilst
in the provinces, where the Protestants predominated,
the Conservatives held their own to a larger extent
than had been expected even by their sanguine friends,
the French province gave a great majority to Mr. Launer,
whose popularity among his countrymen triumphed over
all influences, ecclesiastical and secular, that could
be used in favour of denominational schools in Manitoba.
The majority against Sir Charles Tupper
was conclusive, and he did not attempt to meet parliament
as the head of a government. Before his retirement
from office, immediately after his defeat at the elections,
he had some difference of opinion with the governor-general,
the Earl of Aberdeen, who refused, in the exercise
of his discretionary power, to sanction certain appointments
to the senate and the judicial bench, which the prime
minister justified by reference to English and Canadian
precedents under similar conditions notably
of 1878 when Mr. Mackenzie resigned. Soon after
the general election, and Lord Dufferin was governor-general,
Sir Charles Tupper considered the subject of sufficient
constitutional importance to bring it before the house
of commons, where Sir Wilfrid Laurier, then premier,
defended the course of the governor-general.
The secretary of state for the colonies also approved
in general terms of the principles which, as the governor-general
explained in his despatches, had governed his action
in this delicate matter.
On Sir Charles Tapper’s defeat
at the elections, Mr. Laurier became first minister
of a Liberal administration, in which positions were
given to Sir Oliver Mowat, so long premier of Ontario,
to Mr. Blair, premier of New Brunswick, to Mr. Fielding,
premier of Nova Scotia, and eventually to Mr. Sifton,
the astute attorney-general of Manitoba. Sir
Richard Cartwright and Sir Louis Davies to
give the latter the title conferred on him in the
Diamond Jubilee year both of whom had been
in the foremost rank of the Liberal party for many
years, also took office in the new administration;
but Mr. Mills, versed above most Canadian public men
in political and constitutional knowledge, was not
brought in until some time later, when Sir Oliver
Mowat, the veteran minister of justice, was appointed
to the lieutenant-governorship of Ontario. A
notable acquisition was Mr. Tarte, who had acquired
much influence in French Canada by his irrepressible
energy, and who was placed over the department of
public works.
When the school question came to be
discussed in 1897, during the first session of the
new parliament, the premier explained to the house
that, whilst he had always maintained “that
the constitution of this country gave to this parliament
and government the right and power to interfere with
the school legislation of Manitoba, it was an extreme
right and reserved power to be exercised only when
other means had been exhausted.” Believing
then that “it was far better to obtain concessions
by negotiation than by coercion,” he had, as
soon as he came into office, communicated with the
Manitoba government on the subject, and had “as
a result succeeded in making arrangements which gave
the French Catholics of the province religious teaching
in their schools and the protection of their language,”
under the conditions set forth in a statute expressly
passed for the purpose by the legislature of Manitoba.
The premier at the same time admitted that “the
settlement was not acceptable to certain dignitaries
of the church to which he belonged”; but subsequently
the Pope published an encyclical advising acceptance
of the concessions made to the Manitoba Catholics,
while claiming at the same time that these concessions
were inadequate, and expressing the hope that full
satisfaction would be obtained ere long from the Manitoba
government. Since the arrangement of this compromise,
no strenuous or effective effort has been made to revive
the question as an element of political significance
in party contests. Even in Manitoba itself, despite
the defeat of the Greenway government, which was responsible
for the Manitoba school act of 1890, and the coming
into office of Mr. Hugh John Macdonald, the son of
the great Conservative leader, there has been no sign
of the least intention to depart from the legislation
arranged by Sir Wilfrid Laurier in 1897 as, in his
opinion, the best possible compromise under the difficult
conditions surrounding a most embarrassing question.
In the autumn of 1898 Canada bade
farewell with many expressions of regret to Lord and
Lady Aberdeen, both of whom had won the affection and
respect of the Canadian people by their earnest efforts
to support every movement that might promote the social,
intellectual and moral welfare of the people.
Lord Aberdeen was the seventh governor-general appointed
by the crown to administer public affairs since the
union of the provinces in 1867. Lord Monck, who
had the honour of initiating confederation, was succeeded
by Sir John Young, who was afterwards raised to the
peerage as Baron Lisgar a just recognition
of the admirable discretion and dignity with which
he discharged the duties of his high position.
His successor, the Earl of Dufferin, won the affection
of the Canadian people by his grace of demeanour, and
his Irish gift of eloquence, which he used in the
spirit of the clever diplomatist to flatter the people
of the country to their heart’s content.
The appointment of the Marquess of Lorne, now the Duke
of Argyll, gave to Canada the honour of the presence
of a Princess of the reigning family. He showed
tact and discretion in some difficult political situations
that arose during his administration, and succeeded
above all his predecessors in stimulating the study
of art, science and literature within the Dominion.
The Marquess of Lansdowne and Lord Stanley of Preston both
inheritors of historic names, trained in the great
school of English administration also acquired
the confidence and respect of the Canadian people.
On the conclusion of Lord Aberdeen’s term of
office in 1898, he was succeeded by the Earl of Minto,
who had been military secretary to the Marquess of
Lansdowne, when governor-general, from the autumn
of 1883 until the end of May, 1888, and had also acted
as chief of staff to General Middleton during the
North-west disturbances of 1885.
Since its coming into office, the
Laurier administration has been called upon to deal
with many questions of Canadian as well as imperial
concern. One of its first measures to
refer first to those of Canadian importance was
the repeal of the franchise act of 1885, which had
been found so expensive in its operation that the
Conservative government had for years taken no steps
to prepare new electoral lists for the Dominion under
its own law, but had allowed elections to be held on
old lists which necessarily left out large numbers
of persons entitled to vote. In accordance with
the policy to which they had always pledged themselves
as a party, the Liberal majority in parliament passed
an act which returned to the electoral lists of the
provinces. An attempt was also made in 1899 and
1900 to amend the redistribution acts of 1882 and 1892,
and to restore so far as practicable the old county
lines which had been deranged by those measures.
The bill was noteworthy for the feature, novel in
Canada, of leaving to the determination of a judicial
commission the rearrangement of electoral divisions,
but it was rejected in the senate on the ground that
the British North America act provides only for the
readjustment of the representation after the taking
of each Decennial census, and that it is “a
violation of the spirit of the act” to deal
with the question until 1901, when the official figures
of the whole population will be before parliament.
The government was also called upon to arrange the
details of a provisional government for the great
arctic region of the Yukon, where remarkable gold discoveries
were attracting a considerable population from all
parts of the world. An attempt to build a short
railway to facilitate communication with that wild
and distant country was defeated in the senate by a
large majority. The department of the interior
has had necessarily to encounter many difficulties
in the administration of the affairs of a country so
many thousand miles distant. These difficulties
have formed the subject of protracted debates in the
house of commons and have led to involved political
controversies which it would not be possible to explain
satisfactorily within the limits of this chapter.
In accordance with the policy laid
down in 1897 by Mr. Fielding, the finance minister,
when presenting the budget, the Laurier government
has not deemed it prudent to make such radical changes
in the protective or “National Policy”
of the previous administration as might derange the
business conditions of the Dominion, which had come
to depend so intimately upon it in the course of seventeen
years, but simply to amend and simplify it in certain
particulars which would remove causes of friction
between the importers and the customs authorities,
and at the same time make it, as they stated, less
burdensome in its operation. The question of
reciprocal trade between Canada and the United States
had for some time been disappearing in the background
and was no longer a dominant feature of the commercial
policy of the Liberal party as it had been until 1891,
when its leaders were prepared under existing conditions
to enter into the fullest trade arrangements possible
with the country to the south. The illiberality
of the tariff of the United States with respect to
Canadian products had led the Canadian people to look
to new markets, and especially to those of Great Britain,
with whom they were desirous, under the influence
of a steadily growing imperial spirit, to have the
closest commercial relations practicable. Consequently
the most important feature of the Laurier government’s
policy, since 1897, has been the preference given to
British products in Canada a preference
which now allows a reduction in the tariff of 33-1/3
per cent. on British imports compared with foreign
goods. In their endeavour, however, to give a
preference to British imports, the government was
met at the outset by difficulties arising from the
operation of the Belgian and German treaties; and after
very full consultation with the imperial government,
and a reference of the legal points involved to the
imperial law officers of the crown, Canada was obliged
to admit Belgian and German goods on the same terms
as the imports of Great Britain, and also to concede
similar advantages to twenty-two foreign countries
which were by treaty entitled to any commercial privileges
that Great Britain or her colonies might grant to
a third power. Happily for Canada at this juncture
the colonial secretary of state was Mr. Chamberlain,
who was animated by aspirations for the strengthening
of the relations between the parent state and her
dependencies, and who immediately recognised the imperial
significance of the voluntary action of the Canadian
government. The result was the “denunciation”
by the imperial authorities of the Belgian and German
treaties, which consequently came to an end on the
31st July, 1898. Down to that date Canada was
obliged to give to the other countries mentioned the
preference which she had intentionally given to Great
Britain alone, and at the same time to refund to importers
the duties which had been collected in the interval
from the countries in question. With the fall,
however, of the Belgian and German treaties Canada
was at last free to model her tariff with regard to
imperial as well as Canadian interests. It was
a fortunate coincidence that the government should
have adopted this policy at a time when the whole British
empire was celebrating the sixtieth anniversary of
the accession of her Majesty Queen Victoria to the
throne. In the magnificent demonstration of the
unity and development of the empire that took place
in London in June, 1897, Canada was represented by
her brilliant prime minister, who then became the
Right Honourable Sir W. Laurier, G.C.M.G., and took
a conspicuous place in the ceremonies that distinguished
this memorable episode in British and colonial history.
A few months later the relations between
Canada and Great Britain were further strengthened
by the reduction of letter postage throughout the
empire Australia excepted largely
through the instrumentality of Mr. Mulock, Canadian
postmaster-general. The Canadian government and
parliament also made urgent representations to the
imperial authorities in favour of the immediate construction
of a Pacific cable; and it may now be hoped that the
pecuniary aid offered to this imperial enterprise
by the British, Australasian and Canadian governments
will secure its speedy accomplishment. I may
add here that debates have taken place in the Canadian
house of commons for several sessions on the desirability
of obtaining preferential treatment in the British
market for Canadian products The Conservative party,
led by Sir Charles Tupper, have formulated their opinions
in parliament by an emphatic declaration that “no
measure of preference, which falls short of the complete
realisation of such a policy, should be considered
final or satisfactory.” The Laurier government
admits the desirability of such mutual trade preference,
but at the same time it recognises the formidable
difficulties that lie in the way of its realisation
so long as Great Britain continues bound to free trade,
and under these circumstances declares it the more
politic and generous course to continue giving a special
preference to British products with the hope that it
may eventually bring about a change in public opinion
in the parent state which will operate to the decided
commercial or other advantage of the dependency.
This chapter may appropriately close
with a reference to the remarkable evidences of attachment
to the empire that have been given by the Canadian
people at the close of the nineteenth century.
From the mountains of the rich province washed by
the Pacific Sea, from the wheat-fields and ranches
of the western prairies, from the valley of the great
lakes and the St. Lawrence where French and English
Canadians alike enjoy the blessings of British rule,
from the banks of the St John where the United Empire
Loyalists first made their homes, from the rugged
coasts of Acadia and Cape Breton, from every part of
the wide Dominion men volunteered with joyous alacrity
to fight in South Africa in support of the unity of
the empire. As I close these pages Canadians
are fighting side by side with men from the parent
Isles, from Australasia and from South Africa, and
have shown that they are worthy descendants of the
men who performed such gallant deeds on the ever memorable
battlefields of Chateauguay, Chrystler’s Farm,
and Lundy’s Lane. Not the least noteworthy
feature of this significant event in the annals of
Canada and the empire is the fact that a French Canadian
premier has had the good fortune to give full expression
to the dominant imperial sentiment of the people,
and consequently to offer an additional guarantee
for the union of the two races and the security of
British interests on the continent of America.
SECTION 4. Political and
social conditions of Canada under confederation.
At the present time, a population
of probably five million four hundred thousand souls
inhabit a Dominion of seven regularly organised provinces,
and of an immense fertile territory stretching from
Manitoba to British Columbia. This Dominion embraces
an area of 3,519,000 square miles, including its water
surface, or very little less than the area of the
United States with Alaska, and measures 3500 miles
from east to west; and 1400 miles from north to south.
No country in the world gives more
conclusive evidences of substantial development and
prosperity than the Dominion under the beneficial
influences of federal union and the progressive measures
of governments for many years. The total trade
of the country has grown from over $131,000,000 in
the first year of confederation to over $321,000,000
in 1899, while the national revenue has risen during
the same period from $14,000,000 to $47,000,000, and
will probably be $50,000,000 in 1900. The railways,
whose expansion so closely depends on the material
conditions of the whole country, stretch for 17,250
miles compared with 2278 miles in 1868; while the
remarkable system of canals, which extend from the
great lakes to Montreal, has been enlarged so as to
give admirable facilities for the growing trade of
the west. The natural resources of the country
are inexhaustible, from the fisheries of Nova Scotia
to the wheat-fields of the north-west, from the coal-mines
of Cape Breton to the gold deposits of the dreary
country through which the Yukon and its tributaries
flow.
No dangerous questions like slavery,
or the expansion of the African race in the southern
states, exist to complicate the political and social
conditions of the confederation, and, although there
is a large and increasing French Canadian element
in the Dominion, its history so far need not create
fear as to the future, except perhaps in the minds
of gloomy pessimists. While this element naturally
clings to its national language and institutions,
yet, under the influence of a complete system of local
self-government, it has always taken as active and
earnest a part as the English element in establishing
and strengthening the confederation. It has steadily
grown in strength and prosperity under the generous
and inspiring influence of British institutions, which
have given full scope to the best attributes of a
nationality crushed by the depressing conditions of
French rule for a century and a half.
The federal union gives expansion
to the national energies of the whole Dominion, and
at the same time affords every security to the local
interests of each member of the federal compact.
In all matters of Dominion concern, Canada is a free
agent. While the Queen is still head of the executive
authority, and can alone initiate treaties with foreign
nations (that being an act of complete sovereignty),
and while appeals are still open to the privy council
of England from Canadian courts within certain limitations,
it is an admitted principle that the Dominion is practically
supreme in the exercise of all legislative rights
and privileges granted by the imperial parliament, rights
and privileges set forth explicitly in the British
North America act of 1867, so long as her
legislative action does not conflict with the treaty
obligations of the parent state, or with imperial legislation
directly applicable to Canada with her own consent.
The crown exercises a certain supervision
over the affairs of the Dominion through a governor-general,
who communicates directly with an imperial secretary
of state; but in every matter directly affecting Canada as
for instance, in negotiations respecting the fisheries,
the Bering Sea, and other matters considered by several
conferences at Washington the Canadian
government is consulted and its statements are carefully
considered, since they represent the sentiments and
interests of the Canadian people, who, as citizens
of the empire, are entitled to as much weight as if
they lived in the British Isles.
In the administration of Canadian
affairs the governor-general is advised by a responsible
council representing the majority of the house of
commons. As in England, the Canadian cabinet,
or ministry, is practically a committee of the dominant
party in parliament and is governed by the rules,
conventions and usages of parliamentary government
which have grown up gradually in the parent state.
Whenever it is necessary to form a ministry in Canada,
its members are summoned by the governor-general to
the privy council of Canada; another illustration
of the desire of the Canadians to imitate the old
institutions of England and copy her time-honoured
procedure.
The parliament of Canada consists
of the Queen, the senate, and the house of commons.
In the formation of the upper house, three geographical
groups were arranged in the first instance, Ontario,
Quebec, and the maritime provinces, and each group
received a representation of twenty-four members.
More recently other provinces have been admitted into
the Dominion without reference to this arrangement,
and now seventy-eight senators altogether may sit in
parliament. The remarkably long tenure of power
enjoyed by the Conservative party twenty-five
years from 1867 enabled it in the course
of time to fill the upper house with a very large numerical
majority of its own friends, and this fact, taken in
connection with certain elements of weakness inherent
in a chamber which is not elected by the people and
has none of the ancient privileges or prestige of a
house of lords, long associated with the names of great
statesmen and the memorable events of English history,
has created an agitation among the Liberal party for
radical changes in its constitution which would bring
it, in their opinion, more in harmony with the people’s
representatives in the popular branch of the general
legislature. While some extremists would abolish
the chamber, Sir Wilfrid Launer and other prominent
Liberals recognise its necessity in our parliamentary
system. In all probability death will ere long
solve difficulties arising out of the political composition
of the body, if the Liberal party remain in power.
The house of commons, the great governing
body of the Dominion, has been made, so far as circumstances
will permit, a copy of the English house. Its
members are not required to have a property qualification,
and are elected by the votes of the electors of the
several provinces where, in a majority of cases, universal
suffrage, under limitations of citizenship and residence,
prevails.
In each province there is a lieutenant-governor,
appointed by the Dominion government for five years,
an executive council, and a legislature consisting
of only one house, except in Nova Scotia and Quebec
where a legislative council appointed by the crown
still continues. The principles of responsible
government exist in all the provinces, and practically
in the North-west territory.
In the enumeration of the legislative
powers, respectively given to the Dominion and provincial
legislatures, an effort was made to avoid the conflicts
of jurisdiction that have so frequently arisen between
the national and state governments of the United States.
In the first place we have a recapitulation of those
general or national powers that properly belong to
the central authority, such as customs and excise
duties, regulation of trade and commerce, militia and
defence, post-office, banking and coinage, railways
and public works “for the general advantage,”
navigation and shipping, naturalisation and aliens,
fisheries, weights and measures, marriage and divorce,
penitentiaries, criminal law, census and statistics.
On the other hand, the provinces have retained control
over municipal institutions, public lands, local works
and undertakings, incorporation of companies with provincial
objects, property and civil rights, administration
of justice, and generally “all matters of a
merely local and private nature in the province.”
The residuary power rests with the general parliament
of Canada.
The parliament of Canada, in 1875,
established a supreme court, or general court of appeal,
for Canada, whose highest function is to decide questions
as to the respective legislative powers of the Dominion
and provincial parliaments, which are referred to
it in due process of law by the subordinate courts
of the provinces. The decisions of this court
are already doing much to solve difficulties that impede
the successful operation of the constitution.
As a rule cases come before the supreme court on appeal
from the lower courts, but the law regulating its powers
provides that the governor in council may refer any
matter to this court on which a question of constitutional
jurisdiction has been raised. But the supreme
court of Canada is not necessarily the court of last
resort of Canada. The people have an inherent
right as subjects of the Queen to appeal to the judicial
committee of the privy council of the United Kingdom.
But it is not only by means of the
courts that a check is imposed upon hasty, or unconstitutional,
legislation. The constitution provides that the
governor-general may veto or reserve any bill passed
by the two houses of parliament when it conflicts
with imperial interests or imperial legislation.
It is now understood that the reserve power of disallowance
which her Majesty’s government possesses under
the law is sufficient to meet all possible cases.
This sovereign power is never exercised except in
the case of an act clearly in conflict with an imperial
statute or in violation of a treaty affecting a foreign
nation. The Dominion government also supervises
all the provincial legislation and has in a few cases
disallowed provincial acts. This power is exercised
very carefully, and it is regarded with intense jealousy
by the provincial governments, which have more than
once attempted to set it at defiance. In practice
it is found the wisest course to leave to the courts
the decision in cases where doubts exist as to constitutional
authority or jurisdiction.
The organised districts of the North-west Assiniboia,
Alberta, Athabaska, and Saskatchewan are
governed by a lieutenant-governor appointed by the
government of Canada and aided by a council chosen
by himself from an assembly elected by the people
under a very liberal franchise. These territories
have also representatives in the two houses of the
parliament of Canada. The Yukon territory in the
far north-west, where rich discoveries of gold have
attracted a large number of people within the past
two years, is placed under a provisional government,
composed of a commissioner and council appointed by
the Dominion government, and acting under instructions
given from time to time by the same authority or by
the minister of the interior.
The public service enjoys all the
advantages that arise from permanency of tenure and
appointment by the crown. It has on the whole
been creditable to the country and remarkably free
from political influences. The criminal law of
England has prevailed in all the provinces since it
was formerly introduced by the Quebec act of 1774.
The civil law of the French regime, however, has continued
to be the legal system in French Canada since the
Quebec act, and has now obtained a hold in that province
which insures its permanence as an institution closely
allied with the dearest rights of the people.
Its principles and maxims have been carefully collected
and enacted in a code which is based on the famous
code of Napoleon. In the other provinces and territories
the common law of England forms the basis of jurisprudence
on which a large body of Canadian statutory law has
been built in the course of time.
At the present time all the provinces,
with the exception of Prince Edward Island, have an
excellent municipal system, which enables every defined
district, large or small, to carry on efficiently all
those public improvements essential to the comfort,
convenience and general necessities of the different
communities that make up the province at large.
Even in the territories of the north-west, every proper
facility is given to the people in a populous district,
or town, to organise a system equal to all their local
requirements.
Every Englishman will consider it
an interesting and encouraging fact that the Canadian
people, despite their neighbourhood to a prosperous
federal commonwealth, should not even in the most critical
and gloomy periods of their history have shown any
disposition to mould their institutions directly on
those of the United States and lay the foundation
for future political union. Previous to 1840,
which was the commencement of a new era in the political
history of the provinces, there was a time when discontent
prevailed throughout the Cañadas, but not even
then did any large body of the people threaten to sever
the connection with the parent state. The Act
of Confederation was framed under the direct influence
of Sir John Macdonald and Sir George Cartier, and
although one was an English Canadian and the other
a French Canadian, neither yielded to the other in
the desire to build up a Dominion on the basis of
English institutions, in the closest possible connection
with the mother country. While the question of
union was under consideration it was English statesmen
and writers alone who predicted that this new federation,
with its great extent of territory, its abundant resources,
and ambitious people, would eventually form a new
nation independent of Great Britain. Canadian
statesmen never spoke or wrote of separation, but
regarded the constitutional change in their political
condition as giving them greater weight and strength
in the empire. The influence of British example
on the Canadian Dominion can be seen throughout its
governmental machinery, in the system of parliamentary
government, in the constitution of the privy council
and the houses of parliament, in an independent judiciary,
in appointed officials of every class in
the provincial as well as Dominion system in
a permanent and non-political civil service, and in
all elements of sound administration. During
the thirty-three years that have passed since 1867,
the attachment to England and her institutions has
gained in strength, and it is clear that those predictions
of Englishmen to which we have referred are completely
falsified. On the contrary, the dominant sentiment
is for strengthening the ties that have in some respects
become weak in consequence of the enlargement of the
political rights of the Dominion, which has assumed
the position of a semi-independent power, since England
now only retains her imperial sovereignty by declaring
peace or war with foreign nations, by appointing a
governor-general, by controlling colonial legislation
through the Queen in council and the Queen in parliament but
not so as to diminish the rights of local self-government
conceded to the Dominion and by requiring
that all treaties with foreign nations should be made
through her own government, while recognising the right
of the dependency to be consulted and directly represented
on all occasions when its interests are immediately
affected.
In no respect have the Canadians followed
the example of the United States, and made their executive
entirely separate from the legislative authority.
On the contrary, there is no institution which works
more admirably in the federation in the
general as well as provincial governments than
the principle of making the ministry responsible to
the popular branch of the legislature, and in that
way keeping the executive and legislative departments
in harmony with each other, and preventing that conflict
of authorities which is a distinguishing feature of
the very opposite system that prevails in the federal
republic. If we review the amendments made of
late years in the political constitutions of the States,
and especially those ratified not long since in New
York, we see in how many respects the Canadian system
of government is superior to that of the republic.
For instance, Canada has enjoyed for years, as results
of responsible government, the secret ballot, stringent
laws against bribery and corruption at all classes
of elections, the registration of voters, strict naturalisation
laws, infrequent political elections, separation of
municipal from provincial or national contests, appointive
and permanent officials in every branch of the civil
service, a carefully devised code of private bill
legislation, the printing of all public as well as
private bills before their consideration by the legislative
bodies; and yet all these essentials of safe administration
and legislation are now only in part introduced by
constitutional enactment in so powerful and progressive
a state as New York.
Of course, in the methods of party
government we can see in Canada at times an attempt
to follow the example of the United States, and to
introduce the party machine with its professional politicians
and all those influences that have degraded politics
since the days of Jackson and Van Buren. Happily,
so far, the people of Canada have shown themselves
fully capable of removing those blots that show themselves
from time to time on the body politic. Justice
has soon seized those men who have betrayed their
trust in the administration of public affairs.
Although Canadians may, according to their political
proclivities, find fault with some methods of governments
and be carried away at times by political passion
beyond the bounds of reason, it is encouraging to find
that all are ready to admit the high character of the
judiciary for learning, integrity and incorruptibility.
The records of Canada do not present a single instance
of the successful impeachment or removal of a judge
for improper conduct on the bench since the days of
responsible government; and the three or four petitions
laid before parliament, in the course of a quarter
of a century, asking for an investigation into vague
charges against some judges, have never required a
judgment of the house. Canadians have built wisely
when, in the formation of their constitution, they
followed the English plan of retaining an intimate
and invaluable connection between the executive and
legislative departments, and of keeping the judiciary
practically independent of the other authorities of
government. Not only the life and prosperity of
the people, but the satisfactory working of the whole
system of federal government rests more or less on
the discretion and integrity of the judges. Canadians
are satisfied that the peace and security of the whole
Dominion do not more depend on the ability and patriotism
of statesmen in the legislative halls than on that
principle of the constitution, which places the judiciary
in an exalted position among all the other departments
of government, and makes law as far as possible the
arbiter of their constitutional conflicts. All
political systems are very imperfect at the best;
legislatures are constantly subject to currents of
popular prejudice and passion; statesmanship is too
often weak and fluctuating, incapable of appreciating
the true tendency of events, and too ready to yield
to the force of present circumstances or dictates of
expediency; but law, as worked out on English principles
in all the dependencies of the empire and countries
of English origin, as understood by Blackstone, Dicey,
Story, Kent, and other great masters of constitutional
and legal learning, gives the best possible guarantee
for the security of institutions in a country of popular
government.
In an Appendix to this history I have
given comparisons in parallel columns between the
principal provisions of the federal constitutions of
the Canadian Dominion, and the Australian Commonwealth.
In studying carefully these two systems we must be
impressed by the fact that the constitution of Canada
appears more influenced by the spirit of English ideas
than the constitution of Australia, which has copied
some features of the fundamental law of the United
States. In the preamble of the Canadian British
North America act we find expressly stated “the
desire of the Canadian provinces to be federally united
into one Dominion under the crown of the United Kingdom
of Great Britain and Ireland, with a constitution
similar in principle to that of the United Kingdom,”
while the preamble of the Australian constitution
contains only a bald statement of an agreement “to
unite in one indissoluble federal Commonwealth under
the crown,” When we consider the use of “Commonwealth” a
word of republican significance to British ears as
well as the selection of “state” instead
of “province,” of “house of representatives”
instead of “house of commons,” of “executive
council” instead of “privy council,”
we may well wonder why the Australians, all British
by origin and aspiration, should have shown an inclination
to deviate from the precedents established by the
Canadian Dominion, which, though only partly English,
resolved to carve the ancient historic names of the
parent state on the very front of its political structure.
As the several States of the Commonwealth
have full control of their own constitutions, they
may choose at any moment to elect their own governors
as in the States of the American Union, instead of
having them appointed by the crown as in Canada.
We see also an imitation of the American constitution
in the principle which allots to the central government
only certain enumerated powers, and leaves the residuary
power of legislation to the States. Again, while
the act provides for a high and other federal courts,
the members of which are to be appointed and removed
as in Canada by the central government, the States
are still to have full jurisdiction over the State
courts as in the United States. The Canadian
constitution, which gives to the Dominion exclusive
control over the appointment and removal of the judges
of all the superior courts, offers a positive guarantee
against the popular election of judges in the provinces.
It is not going too far to suppose that, with the
progress of democratic ideas in Australia a
country inclined to political experiments we
may find the experience of the United States repeated,
and see elective judges make their appearance when
a wave of democracy has suddenly swept away all dictates
of prudence and given unbridled licence to professional
political managers only anxious for the success of
party. In allowing the British Parliament to amend
the Act of Union on an address of the Canadian parliament,
we have yet another illustration of the desire of
Canadians to respect the supremacy of the sovereign
legislature of the empire. On the other hand,
the Australians make themselves entirely independent
of the action of the imperial parliament, which might
be invaluable in some crisis affecting deeply the
integrity and unity of the Commonwealth, and give full
scope to the will of democracy expressed at the polls.
In also limiting the right of appeal to the Queen
in council by giving to the high court the
power to prevent appeals in constitutional disputes the
Australians have also to a serious degree weakened
one of the most important ties that now bind them
to the empire, and afford additional illustration of
the inferiority of the Australian constitution, from
an imperial point of view, compared with that of the
Canadian Dominion, where a reference to the judicial
committee of the privy council is highly valued.
The Canadian people are displaying
an intellectual activity commensurate with the expansion
of their territory and their accumulation of wealth.
The scientific, historical and political contributions
of three decades, make up a considerable library which
shows the growth of what may be called Canadian literature,
since it deals chiefly with subjects essentially of
Canadian interest. The attention that is now particularly
devoted to the study and writing of history, and the
collection of historical documents relating to the
Dominion, prove clearly the national or thoroughly
Canadian spirit that is already animating the cultured
class of its people.
Of the numerous historical works that
have appeared since 1867 two only demand special mention
in this short review. One of these is A History
of the days of Montcalm and Levis by the Abbe Casgrain,
who illustrates the studious and literary character
of the professors of the great university which bears
the name of the first bishop of Canada, Monseigneur
Laval. A more elaborate general history of Canada,
in ten octavo volumes, is that by Dr. Kingsford, whose
life closed with his book. Whilst it shows much
industry and conscientiousness on the part of the
author, it fails too often to evoke our interest even
when it deals with the striking and picturesque story
of the French regime, since the author considered
it his duty to be sober and prosaic when Parkman is
bright and eloquent.
A good estimate of the progress of
literary culture in Canada can be formed from a careful
perusal of the poems of Bliss Carman, Archibald Lampman,
Charles G.W. Roberts, Wilfred Campbell, Duncan
Campbell Scott and Frederick George Scott. The
artistic finish of their verse and the originality
of their conception entitle them fairly to claim a
foremost place alongside American poets since Longfellow,
Emerson, Whittier, Bryant and Lowell have disappeared.
Pauline Johnson, who has Indian blood in her veins,
Archbishop O’Brien of Halifax, Miss Machar,
Ethelyn Weatherald, Charles Mair and several others
might also be named to prove that poetry is not a
lost art in Canada, despite its pressing prosaic and
material needs.
Dr. Louis Frechette is a worthy successor
of Cremazie and has won the distinction of having
his best work crowned by the French Academy.
French Canadian poetry, however, has been often purely
imitative of French models like Musset and Gautier,
both in style and sentiment, and consequently lacks
strength and originality. Frechette has all the
finish of the French poets and, while it cannot be
said that he has yet originated fresh thoughts, which
are likely to live among even the people whom he has
so often instructed and delighted, yet he has given
us poems like that on the discovery of the Mississippi
which prove that he is capable of even better things
if he would seek inspiration from the sources of the
deeply interesting history of his own country, or
enter into the inner mysteries and social relations
of his picturesque compatriots.
The life of the French Canadian habitant
has been admirably described in verse by Dr. Drummond,
who has always lived among that class of the Canadian
people and been a close observer of their national
and personal characteristics. He is the only
writer who has succeeded in giving a striking portraiture
of life in the cabin, in the “shanty” (chantier),
and on the river, where the French habitant, forester,
and canoe-man can be seen to best advantage.
But if Canada can point to some creditable
achievements of recent years in history, poetry and
essays, there is one department in which Canadians
never won any marked success until recently, and that
is in the novel or romance. Even Mr. Kirby’s
Le Chien d’Or which recalls the closing
days of the French regime the days of the
infamous Intendant Bigot who fattened on Canadian
misery does not show the finished art of
the skilled novelist, though it has a certain crude
vigour of its own, which has enabled it to live while
so many other Canadian books have died. French
Canada is even weaker in this particular, and this
is the more surprising because there is abundance
of material for the novelist or the writer of romance
in her peculiar society and institutions. But
this reproach has been removed by Mr. Gilbert Parker,
now a resident in London, but a Canadian by birth,
education and sympathies, who is animated by a laudable
ambition of giving form and vitality to the abundant
materials that exist in the Dominion for the true story-teller.
His works show great skill in the use of historic matter,
more than ordinary power in the construction of a
plot, and, above all, a literary finish which is not
equalled by any Canadian writer in the same field of
effort. Other meritorious Canadian workers in
romance are Mr. William McLennan, Mrs. Coates (Sarah
Jeannette Duncan), and Miss Dougall, whose names are
familiar to English readers.
The name of Dr. Todd is well known
throughout the British empire, and indeed wherever
institutions of government are studied, as that of
an author of most useful works on the English and
Canadian constitutions. Sir William Dawson, for
many years the energetic principal of McGill University,
the scientific prominence of which is due largely to
his mental bias, was the author of several geological
books, written in a graceful and readable style.
The scientific work of Canadians can be studied chiefly
in the proceedings of English, American and Canadian
societies, especially, of late years, in the transactions
of the Royal Society of Canada, established over eighteen
years ago by the Marquess of Lorne when governor-general
of the Dominion. This successful association
is composed of one hundred and twenty members who have
written “memoirs of merit or rendered eminent
services to literature or science.”
On the whole, there have been enough
good poems, histories, and essays, written and published
in Canada during the last four or five decades, to
prove that there has been a steady intellectual growth
on the part of the Canadian people, and that it has
kept pace at all events with the mental growth in
the pulpit, or in the legislative halls, where, of
late years, a keen practical debating style has taken
the place of the more rhetorical and studied oratory
of old times. The intellectual faculties of Canadians
only require larger opportunities for their exercise
to bring forth rich fruit. The progress in the
years to come will be much greater than that Canadians
have yet shown, and necessarily so, with the wider
distribution of wealth, the dissemination of a higher
culture, and a greater confidence in their own mental
strength, and in the opportunities that the country
offers to pen and pencil. What is now wanted
is the cultivation of a good style and artistic workmanship.
Much of the daily literature of Canadians indeed
the chief literary aliment of large numbers is
the newspaper press, which illustrates necessarily
the haste, pressure and superficiality of writings
of that ephemeral class. Canadian journals, however,
have not yet descended to the degraded sensationalism
of New York papers, too many of which circulate in
Canada to the public detriment. On the whole,
the tone of the most ably conducted journals the
Toronto Globe, and the Montreal Gazette
notably is quite on a level with the tone
of debate in the legislative bodies of the country.
Now, as in all times of Canada’s
history, political life claims many strong, keen and
cultured intellects, though at the same time it is
too manifest that the tendency of democratic conditions
and heated party controversy is to prevent the most
highly educated and sensitive organisations from venturing
on the agitated and unsafe sea of political passion
and competition. The speeches of Sir Wilfrid Laurier the
eloquent French Canadian premier, who in his mastery
of the English tongue surpasses all his versatile
compatriots of Sir Charles Tupper, Mr.
Foster and others who might be mentioned, recall the
most brilliant period of parliamentary annals (1867 1873),
when in the first parliament of the Dominion the most
prominent men of the provinces were brought into public
life, under the new conditions of federal union.
The debating power of the provincial legislative bodies
is excellent, and the chief defects are the great
length and discursiveness of the speeches on local
as well as on national questions. It is also admitted
that of late years there has been a tendency to impair
the dignity and to lower the tone of discussion.
Many Canadians have devoted themselves
to art since 1867, and some Englishmen will recognise
the names of L.R. O’Brien, Robert Harris,
J.W.L. Forster, Homer Watson, George Reid the
painter of “The Foreclosure of the Mortgage,”
which won great praise at the World’s Fair of
Chicago John Hammond, F.A. Verner,
Miss Bell, Miss Muntz, W. Brymner, all of whom are
Canadians by birth and inspiration. The establishment
of a Canadian Academy of Art by the Princess Louise,
and of other art associations, has done a good deal
to stimulate a taste for art, though the public encouragement
of native artists is still very inadequate, when we
consider the excellence already attained under great
difficulties in a relatively new country, where the
great mass of people has yet to be educated to a perception
of the advantages of high artistic effort.
Sculpture would be hardly known in
Canada were it not for the work of the French Canadian
Hebert, who is a product of the schools of Paris,
and has given to the Dominion several admirable statues
and monuments of its public men. While Canadian
architecture has hitherto been generally wanting in
originality of conception, the principal edifices of
the provinces afford many good illustrations of effective
adaptation of the best art of Europe. Among these
may be mentioned the following: the parliament
and departmental buildings at Ottawa, admirable examples
of Italian Gothic; the legislative buildings at Toronto,
in the Romanesque style; the English cathedrals in
Montreal and Fredericton, correct specimens of early
English Gothic; the French parish church of Notre-Dame,
in Montreal, attractive for its stately Gothic proportions;
the university of Toronto, an admirable conception
of Norman architecture; the Canadian Pacific railway
station at Montreal and the Frontenac Hotel at Quebec,
fine examples of the adaptation of old Norman architecture
to modern necessities; the provincial buildings at
Victoria, in British Columbia, the general design of
which is Renaissance, rendered most effective by pearl-grey
stone and several domes; the headquarters of the bank
of Montreal, a fine example of the Corinthian order,
and notable for the artistic effort to illustrate,
on the walls of the interior, memorable scenes in
Canadian history; the county and civic buildings of
Toronto, an ambitious effort to reproduce the modern
Romanesque, so much favoured by the eminent American
architect, Richardson; Osgoode Hall, the seat of the
great law courts of the province of Ontario, which
in its general character recalls the architecture
of the Italian Renaissance. Year by year we see
additions to our public and private buildings, interesting
from an artistic point of view, and illustrating the
accumulating wealth of the country, as well as the
growth of culture and taste among the governing classes.
The universities, colleges, academies,
and high schools, the public and common schools of
the Dominion, illustrate the great desire of the governments
and the people of the provinces to give the greatest
possible facilities for the education of all classes
at the smallest possible cost to individuals.
At the present time there are between 13,000 and 14,000
students attending 62 universities and colleges.
The collegiate institutes and academies of the provinces
also rank with the colleges as respects the advantages
they give to young men and women. Science is
especially prominent in McGill and Toronto Universities which
are the most largely attended and the former
affords a notable example of the munificence of the
wealthy men of Montreal, in establishing chairs of
science and otherwise advancing its educational usefulness.
Laval University stands deservedly at the head of
the Roman Catholic institutions of the continent, on
account of its deeply interesting historic associations,
and the scholarly attainments of its professors, several
of whom have won fame in Canadian letters. Several
universities give instructions in medicine and law,
and Toronto has also a medical college for women.
At the present time, at least one-fifth of the people
of the Dominion is in attendance at the universities,
colleges, public and private schools. The people
of Canada contribute upwards of ten millions of dollars
annually to the support of their educational establishments,
in the shape of government grants, public taxes, or
private fees. Ontario alone, in 1899, raised five
millions and a half of dollars for the support of its
public school system; and of this amount the people
directly contributed ninety-one per cent, in the shape
of taxes. On the other hand, the libraries of
Canada are not numerous; and it is only in Ontario
that there is a law providing for the establishment
of such institutions by a vote of the taxpayers in
the municipalities. In this province there are
at least 420 libraries, of which the majority are
connected with mechanics’ institutes, and are
made public by statute. The weakness of the public
school system especially in Ontario is
the constant effort to teach a child a little of everything,
and to make him a mere machine. The consequences
are superficiality a veneer of knowledge and
the loss of individuality.