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Date: 1864-11-29
By: The Montreal Herald
Citation: “Is the Confederation Scheme to be Submitted to the People”, The Montreal Herald (29 November, 1864)
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IS THE CONFEDERATION SCHEME TO BE SUBMITTED TO THE PEOPLE?

—Upon this question a great deal of argument has been used, some turning upon the constitutionality of carrying through such a revolution without an appeal to the people; some upon the expediency of doing so. The latter and smaller point may, perhaps, be supposed to be swallowed up in the larger and more important one; and we certainly can see no ground whatever for pretending that a Parliament elected under a constitution, can constitutionally destroy the authority under which it acts. Of course, upon strictly technical grounds, it may be said that this will not be the case, inasmuch as it was the Imperial Parliament which passed the Union act, and it is the Imperial Parliament which will be appealed to to make our new constitution binding. But our petition to the Imperial Government will be, as we all know, virtually an act of legislation, and will be, therefore, subject to all the objections which may lie to a legislature destroying the fundamental law of the country, in virtue of which itself exists. If the omnipotence of Parliament be not limited by the plain obligation to do nothing inconsistent with the constitution, the result is that it may constitute itself, as French revolutionary legislatures have done, in permanence; may set up itself or one of its branches as an absolute power; and so hand over the liberties of the country to the Crown; or,—the Crown and the House of Lords consenting,—might make the House of Commons a close corporation, the remaining members filling all the vacancies and ruling the country forever. There is no end to the usurpations which might be covered by the doctrine of legislative omnipotence, without the usually understood limitations. However, we do not intend to write an essay on that subject; but merely to point out a phase in the discussion thereon between the Globe and the Leader. The Globe has hitherto maintained that there will not and ought not to be any opportunity allowed for the expression of public opinion, but that the existing Parliament should at once ask the British Parliament to give effect to the articles agreed upon at the Conference of Quebec. The Leader has argued on the other side, and it now finds in Mr. Galt’s speech a reason for thinking that practically it has obtained gain de cause. “A good deal of “discussion,” Mr. Galt said, “had arisen in the “Press about a remark made by Mr. Brown, in “the course of his recent speech at Toronto. He “had been understood to say that there would “be no appeal to the people to ascertain the “popular opinion concerning the projected Confederation. Now he had not said that, as he “had no authority to say it.” And again: “No “one was more ready than ministers to ask the “opinion of the country.” In all this, however, we see nothing like a statement that the plan is to be submitted to the People. Only an assurance that it has not been absolutely decided that it shall not be. It may be very true that it has not yet been determined that the people shall, under no circumstances be consulted, and yet it may be equally true that it is intended not to consult them, if there be any possibility of avoiding that ordeal. The Leader’s faith seems strong in a very weak assurance for it proceeds thus:—“Mr Galt also explained the mode of “procedure contemplated.” The project of Confederation is to be laid before the Legislature, “and if in any case a serious doubt should arise “on the subject, an appeal is to be made to the “people to resolve it.” That may be, but who is to judge of the seriousness of the doubt? Is it the framers of the scheme, who will be naturally anxious to pass it; or is it to be found only in a hostile majority, which will, if it exist, of course, compel dissolution? It is not likely that a favourable majority, desirous of carrying the measure, if taught to believe it has the right, will wish to practice the self denial involved in asking for its own disbanding.