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Date: 1865-01-30
By: Arthur Gordon
Citation: Despatch from Lieutenant Governor Arthur Gordon to Right Hon. Edward Cardwell, No. 9 (30 January 1865) in UK, Parliament, Correspondence respecting the Proposed Union of the British North American Provinces (London: George Edward Eyre and William Spottiswoode, 1867).
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No. 2.

COPY of a DESPATCH from the Lieut.-Governor the Hon. ARTHUR GORDON to the Right Hon. EDWARD CARDWELL, M.P.

(No. 9.)

Fredericton, N.B., January 30, 1865.
(Received February 16, 1865.)
(Answered No.54, February 27, 1865, page 116.)

SIR,

I HAVE the honour to inform you that in consequence of a difference of opinion with his colleagues on the subject of the proposed Confederation of the British North American Provinces, the Chief Commissioner of the Board of Works, G. L. Hatheway, Esq., has resigned his office and his seat at the Executive Council Board, and that i have accepted his resignation. I have the honour to enclose copies of the correspondence which has taken place on this subject.

I have, &c.

(Signed) ARTHUR H. GORDON.

The Right Hon. Edward Cardwell, M.P.,
&c. &c. &c.

Enclosure in No. 2.

CORRESPONDENCE between LIEUTENANT-GOVERNOR of New Brunswick and Mr. Hatheway Concerning the Resignation by the latter of his Seat at the Executive Council.

The Honourable G. L. HATHEWAY to the LIEUTENANT-GOVERNOR

Fredericton, January 4, 1865.

MAY IT PLEASE YOUR EXCELLENCY,

The delegates appointed by the Government of this Province to confer with the Government of Canada on the subject of the Union of the North American Provinces, have agreed to certain resolutions for the purpose of carrying out that object, and these resolutions, as it appears by a Despatch from the Right Hon. the Secretary of State for the Colonies, published in the last Royal Gazette, having been submitted to and received the general approval of Her Majesty’s Government, and it being the intention of the Government of this Province to submit the matter to the Legislature at its next session. I consider it my duty without further delay to state to your Excellency my position in reference to this important question.

A large majority of the Executive Council has adopted the resolutions of the conference, and a leading member of the Council, together with others of the delegates, have used extraordinary efforts to convince the people in various part of the Province of the great benefits that will result from such a Union.

With every respect for the opinion of my colleagues in the Council, and after having given this important question the most careful and anxious consideration, I am unable to agree with the views of a majority of them.

I consider it unnecessary here to state the grounds upon which i dissent, as they are well known to my colleagues : it is sufficient that on the most important question that ever came before the Executive Council, and one which involves an entire change in the constitution of the country, i differ altogether from a majority of the Council. Under these circumstances I feel that my continuance in the Government would be not only embarrassing to my colleagues and myself, but unconstitutional and improper.

I therefore now beg respectfully to tender to your Excellency my resignation of the office of Chief Commissioner of Public Works, as well as my seat in the Executive Council.

I respectfully ask your Excellency’s permission to be allowed to make public the reasons for my resignation.

I have, &c.
(Signed) GEORGE. L. HATHEWAY.

His Excellency the Hon. A. H. Gordon, Lieut.-Governor,
&c. &c. &c.

The Honourable G. L. HATHEWAY to the LIEUTENANT-GOVERNOR

Fredericton, January 5, 1865.

SIR,

As your Excellency has, in conversation with me, made objections to the terms in which i have tendered my resignation of the office of Chief Commissioner of public Works and my seat in the Executive Council, because i have stated that it is the intention of the Government to submit the matter of the Confederation of the pRovinces to the Legislature at tis next session. I have respectfully to ask your Excellency whether from such conversation I am to understand that the matter will not be so submitted.

I have, &c.
(Signed) GEORGE. L. HATHEWAY.

To his Excellency the Hon. A. H. Gordon,
&c. &c. &c.

The LIEUTENANT-GOVERNOR to the Hon. G. L. HATHEWAY.

Government House, Fredericton, January 5, 1865.

MY DEAR SIR,

I HAVE received your letter of this day’s date with reference to a conversation which took place between us yesterday, in consequence of some surprise having been expressed by me at your statement, that it was the intention of the Government to submit the question of a Confederation of the British North American Provinces to the existing Legislature at its next session.

As the Provincial Secretary, with the concurrence of his colleagues, had sought and obtained my permission to state publicly that the judgement of the legislature would not be sought until the election of a new Parliament. I thought you must be to some degree mistaken on this point. I have communicated the contents of your letter to the Executive Council, and am authorized to assure you not only that there is not, but that there never has been any intention of submitting the question for the decision of the Legislature until after the dissolution of the existing Parliament.

Until, therefore, I learn your wishes with respect to the tender of resignation contained in it, I defer any reply to your precious communication, which appears to have been written under some misapprehension on this important point.

I am, &c.
(Signed) ARTHUR H. GORDON.

To Hon. G. L. Hatheway, &c. &c.

The Honourable G. L. HATHEWAY to the LIEUTENANT-GOVERNOR

Friday, January 6, 1865.

MY DEAR SIR,

YOUR Excellency’s note of yesterday’s date did not reach me till 3 p.m. this day.

Your Excellency states that it is not the intention of the Government to submit the question of the decision of the Legislature until after the dissolution of the existing Parliament, but i think i may fairly infer from your Excellency’s language that it is the intention of the Government to refer to it in the speech, and to submit the resolution to the House and i have the statement of my colleagues in the Government that such is their intention.

Whether, therefore, the question is submitted for the decision of the Legislature or not, it appears to me that I, as a member of the Government would be bound to support it in the vent of my question being raised upon upon it in the House, and from the course which has been pursued by some leading members of the opposition since the resolutions were made public, i cannot doubt that every possible effort will be made to attack the Government on that question.

In what position then would i be placed, entertaining the opinion i do on the question, if i should remain in the Government. Would I not be constitutionally bound to support my colleagues and I ask your Excellency if it is right that I should continue as a member of the Government while I am in direct opposition to my colleagues on any important question?

I have, &c.
(Signed) GEORGE. L. HATHEWAY.

To his Excellency the Hon. A. H. Gordon,
&c. &c. &c.

The LIEUTENANT-GOVERNOR to the Hon. G. L. HATHEWAY.

Government House, Friday Night, January 6, 1865.

MY DEAR SIR,

I THOUGHT it right to point out to you that a statement contained in your formal letter of the 4th inst. Was susceptible of an interpretation not strictly accurate, and I requested to be informed whether you were consequently disposed to withdraw or delay the resignation which that letter contained. It is right that i should see that no misapprehension exists in the minds of any gentleman making such a tender, and i repeat that no change has taken place in the attitude of the Government, which is now the same which it has occupied ever since the 16th November, when it was determined to adopt the report of the Conference, but not to recommend its sanction by the Legislature until after the dissolution of the existing Parliament.

But you alone must be the judge of the course which in these circumstances it may be your duty to follow, and it would be in the highest degree unbecoming were to express an opinion on that subject.

In the absence of any desire on your part to withdraw your letter, I will return an official answer tomorrow.

Yours sincerely,
(Signed) ARTHUR H. GORDON.

To the Honourable George L. Hatheway.

The Honourable G. L. HATHEWAY to the LIEUTENANT-GOVERNOR

Fredericton, Jan. 7, 1865.

MAY IT PLEASE YOUR EXCELLENCY,

I BEG to acknowledge the receipt of your Excellency’s note of yesterday.

I am unable to agree with your Excellency that no change has taken place in the attitude of the Government since the 16th November, nor can I allow myself to be placed in a false position with reference to the adoption of the report of the Conference.

Your Excellency will recollect that at a meeting of Council held at Government House on the evening of the 15th Nov., I was not the only member of the Council who objected to the adoption of the report, and that in consequence of such objection no decision was arrived at.
The Council met again on the […] Noc. at the Council Chamber, your Excellency not being present, when i again repeated my objections to the scheme, but a majority having agreed to adopt the report, i withdrew from the Council Board, stating that in consequence of their action i had no right to be there, and i therefore do not hold myself responsible for the decision.

Had a minute of Council been made of such a decision, I can assure your Excellency I would have at once entered my written protest against it.

I have, &c.
(Signed) GEORGE L HATHEWAY.

His Excellency the Hon. A. H. Gordon.

The Honourable G. L. HATHEWAY to the LIEUTENANT-GOVERNOR.

Fredericton, Jan. 10, 1865.

MY DEAR SIR,

HAVING received a summons to attend a meeting of Council on the 19th inst., i should be obliged if your Excellency would allow my resignation to stand over until that day. I have, &c.

(Signed) GEORGE. L. HATHEWAY.

His Excellency the Lieutenant-Governor
&c. &c. &c.

The LIEUTENANT-GOVERNOR to G. L. HATHEWAY. Esq.

Government House, Jan. 21, 1865.

DEAR SIR,

As I understand from a conversation with you to-day that you desire to adhere to your letter of the 4th ins., I can only express my regret at your resignation, and transmit to you the accompanying formal acceptance of it. I have no objection to your making public the correspondence which has taken place between us.

Yours very truly,
(Signed) ARTHUR G. GORDON.

The Lieutenant-Governor accepts the Hon. G. L. Hatheway’s resignation of the office of Chief commissioner of the Bard of Works, and of his seat in the Executive Council.

(Signed) ARTHUR H. GORDON

Government House, Jan. 21. 1865