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Date: 1859-02-08
By: Province of Canada (Legislative Assembly)
Citation: Province of Canada, Legislative Assembly, Appendix to the Seventeenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1859.
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DESPATCHES

From Her Majesty’s Secretary for the Colonies, and other documents relating to the Union of the British North American Colonies, laid by order of His Excellency the Governor General, before the Legislative Assembly by the Honorable Mr. ALLEYN, Secretary of the Province, on the 2nd day of February, 1859.

Legislative Assembly,

Toronto, 2nd day of February, 1859.

LONDON, 23d. OCTOBER, 1858

SIR,

We have the honour to submit for the consideration of Her Majesty’s Government that the Governor-General of Canada, acting under the advice of his responsible advisors, has been pleased to recommend that the subject of a Federative Union of the Provinces of British North America should form the subject of discussion by Delegates from each Province, to be appointed under the orders of Her Majesty’s Government and we have been instructed to urge the importance of this step as well upon grounds peculiar to Canada as from considerations affecting the interests of the other Colonies and of the whole Empire.

It is our duty to state that very grave difficulties now present themselves in conducting the Government of Canada in such a manner as to show due regard to the wishes of its numerous population. The Union of Lower with Upper Canada was based upon perfect equality being preserved between these provinces, a condition the more necessary from the differences in their respective language, law and religion, and although there is now a large English population in Lower Canada, still these differences exist to an extent which prevents any perfect and complete assimilation of the views of the two sections.

At the time of the Union Act Lower Canada possessed a much larger population than Upper Canada, but this produced no difficulty in the Government of the United Provinces under that Act. Since that period, however, the progress of population has been more rapid in the western section, and claims are now made on behalf of its inhabitants for giving them representation in the Legislature in proportion to their numbers, which claims, involving, it is believed, a most serious interference with the principles upon which the Union was based, have been and are strenuously resisted by Lower Canada. The result is shown by an agitation fraught with great danger to the peaceful and harmonious working of our constitutional system, and consequently detrimental to the progress of the province.

The necessity of providing a remedy for a state of things that is yearly becoming worse, and of allaying feelings that are daily being aggravated by the contention of political parties, has impressed the advisers of Her Majesty’s representatives in Canada with the importance of seeking for such a mode of dealing with these difficulties as may forever remove them. In this view it has appeared to them advisable to consider how far the Union of Lower with Upper Canada could be rendered essentially federative – in combination with the provinces of New Brunswick, Nova Scotia, Newfoundland and Prince Edward Island, together with such other territories as it may be hereafter desirable to incorporate with such confederation from the possessions of the Crown in British North America.

The undersigned are convinced that Her Majesty’s Government will be fully alive to the grave nature of the circumstances referred to which are stated by them under the full responsibility of their position as advisers of the Crown of Canada. They are satisfied that the time has arrived for a constitutional discussion of all means whereby the evils of internal dissension may be avoided in such an important dependency of the Empire, as Canada. But independent of the reasons affecting Canada alone it is respectfully represented that the interests of the several Colonies and of the Empire will be greatly promoted by a more intimate and united Government of the entire British North American Possessions. The population, trade and resources of all these Colonies have so rapidly increased of late years and the removal of Trade restrictions has made them, in so great a degree, self-sustaining, that it appears to the Government of Canada exceedingly important to bind still more closely the ties of their common allegiance to the British Crown, and to obtain for general purposes such an identity in legislation as may serve to consolidate their growing power, thus raising, under the protection of the Empire, an important confederation on the North American Continent.

At present each Colony is totally distinct in its Government, in its customs and trade, and in its general legislation. To each other, no greater facilities are extended than to any Foreign State and the only common tie is that which binds all to the British Crown. This state of things is considered to be neither promotive of the physical prosperity of all, nor of that moral union which ought to be preserved in the presence of the powerful confederation of the United States.

With a population of three and a half millions, with a foreign commerce exceeding Twenty-five million Sterling, and a Commercial Marine inferior in extent only to those of Great Britain and the United States, it is in the power of the Imperial Government, by sanctioning a confederation of these Provinces, to constitute a Dependency of the Empire, valuable in times of peace, and powerful in the event of war – forever removing the fear that these Colonies may ultimately serve to swell the power of another Nation.

In the case of the Australian Colonies the Imperial Government have consented to their discussion of the question of Confederation – although the reasons for it, as relates to the Empire, can scarcely be either so urgent or so important as those which affect British North America.

The Government of Canada do not desire to represent the feelings of the other provinces. Their application is confined to the request that the Imperial Government will be pleased to authorise a meeting of Delegates on behalf of each Colony and of Upper and Lower Canada respectively, for the purpose of considering the subject of a Federative Union, and reporting on the principles on which the same could properly be based.

That such delegates should be appointed by the Executive Government of each Colony, and meet with as little delay as possible.

That the Report of such Delegates should be addressed to the Secretary of State for the Colonies, and that a Copy of it as soon as it is prepared, should be placed in the hands of the Governor and Lieutenant-Governor of each Colony, in order that he may lay the same before the Provincial Parliament, with as little delay as possible.

Upon the Report of such Delegates it will be for Her Majesty’s Government to decide whether the interests of the Empire will be promoted by Confederation and to direct the action of the Imperial Parliament thereon – with the concurrence of the Legislatures of the respective colonies.

We have the honour to be,

Sir,

Your most obedient and humble servants,

                                                                                    G.E. CARTIER,

                                                                                    JNO. ROSS,

                                                                                    A.T. GALT.

The Right Honorable

Sir EDWARD L.B. LYTTON,

Secretary of State for the Colonies

COPY of a Report of a Committee of the Honorable the Executive Council dated 4th September, 1858, approved by His Excellency the Governor General in Council on the 9th September, 1858.

The Committee of Council. are respectfully of opinion that it is expedient to bring the subject of the Union of the British North American Colonies under the notice of Her Majesty’s Government with as little delay as possible, and to inform the Government of each such Colony, that the attention of Her Majesty has been called t the. subject by your Excellency.

That your Excellency should submit to the Right Honorable the Secretary of State for the Colonies, the propriety of authorizing a meeting of Delegates on behalf of each Colony, and of Upper and Lower Canada respectively, for the purpose of considering the subject of such Federative Union, and reporting on the principles on which the saine could properly be based.

That such Delegates should be appointed by the Executive Government of each Colony, and meet with as little delay as possible.

That the report of such Delegates should be addressed to the Secretary of State for the Colonies, and that a copy of it, as soon as it is prepared, should be placed in the hands of the Governor and Lieutenant Governor of each Colony, in order that ho may lay the same before the Provincial Parliament, with as little delay as possible.

CERTIFIED,

WM. H. LEE,
C.E.C.

[Copy.]

No. 118

Quebec, 9th September, 1858.

SIR,

I have the honor to enclose a Copy of a minute of the Executive Council of Canada, approved by myself this day, on the subject of the Union of the British North American Provinces.

In accordance with the views of my Council, I would urge on Her Majesty’s Government, the consideration of this important matter.

I have, &c.,

(Signed,)         EDMOND HEAD.

The Right Honorable,

SIR E. B. LYTTON,

&c.,     &c.,     &c.

[Copy.]

No. 66.

Downing Street, 30th September, 1858.

SIR,

I have to acknowledge the receipt of Your despatch, No. 120, of the 1lth instant, enclosing a Copy of a minute of the Executive Council of Canada, authorizing two Members of that body to proceed to England, for the purpose of conferring with Her Majesty’s Government, on various subjects of importance affecting the Province.

I have, &c.,

(Signed,) E. B. LYTTON.

Governor,

Sir E. W. HEAD, Baronet.

[Copy.]

No. 81.

Downing Street, 27th October, 1858.

SIR,

I transmit to you herewith for your information the Copy of a despatch which I have received from the Lieutenant Governor of New Brunswick, enclosing a memorandum submitted to him by his Council, on the subject of a Federal Union of the North American Provinces.

I have, &c.,

(Signed,) E. B. LYTTON,

Governor,

SIR EDMUND HEAD,

&c.,     &c.

Canada.

[Copy.]

To His Excellency The Honorable J. H. T. Manners Sutton, Lieutenant Governor, &c., &c. &c.

The Committee of Council have had under consideration the despatch of the Governor General of the 9th instant, containing the Report of the Executive Council of Canada, on the subject of a Federative Union, of the British North, American Provinces.

The Council arc deeply impressed with the importance of the subject, requiring as it does the most deliberated and mature consideration.

The British North American Provinces have each attained a great degree of material prosperity under their present ‘constitution ; and the increased power of self Government recently conferred upon them, has left them nothing to envy in the political condition of the Citizens of the neighbouring republic.

The Council are of opinion that the interests of this Province and of all the British North American Provinces required that, when the question of a Federal or Legislative Union of the Provinces, is formerly brought before the people, it should be raised in such a manner and at such a time as would afford a reasonable prospect at least of arriving at a speedy and satisfactory conclusion. And without expressing any opinion as to the practicability or effect of such a Union as that referred to in the memorandum of the Council of Canada, the Council would state, that although the subject of a Union of the Colonies, has to some extent been discussed in the public press here, the attention of the Provincial Legislature has never been directed to this matter, nor has it been a prominent subject of consideration among the constituencies, and in this respect New Brunswick occupies a very different position from Canada. And it may be remarked that if the recommendation of the Canadian Government, be adopted by the Secretary of State, the question of a Legislative Union with any or all of the other Provinces, must be excluded from consideration by the Commission.

Under these circumstances hie Council would respectfully submit, that a reasonable time should be allowed for consideration, before the commencement of any such enquiry as that contemplated by the Government of Canada.

(Signed,) CHARLES FISHER,
T.L. TILLEY,
JAMES BROWN,
W.H. STEEVES,
A.J. SMITH,
CHARLES WALTERS.

[Copy.]

No. 50.

Governor Manners Sutton, to Sir E. B. Lytton.

Government House,

Fredericton, New Brunswick, 29th September, 1858.

SIR,

9th Sept., 1858. On the 17th instant, I received from the Governor General, the despatch of which a Copy is enclosed.

25th Sept., 1858. I forthwith laid this despatch and its inclosure before my Council, and I have now the honor to transmit to you the Copy of a memorandum submitted to me by my Council on the important question to which Sir Edmund Head’s Despatch refers.

This memorandum will, I know, receive your attentive consideration, and it only remains for me to state, that I entirely concur in the opinions expressed by my Council.

I have, &c.,

(Signed,) J. H. T. MANNERS SUTTON.

[Copy.]

Sir Edmund Head, to the Lieutenant Governor, New Brunswick.

Quebec, 9th September, 1858.

Sir,

I have the honor to transmit for Your Excellency’s information, the enclosed Copy of a minute of the Executive Council of Canada, approved by myself, on the subject of a Federative Union of the British North American Provinces.

I have, &c.,

(Signed,) EDMUND HEAD.

Copy of a Report of a Committee of the Honorable the Executive Council, dated 4th September, 1858, approved by His Excellency the Governor General.

The Committee of Council are respectfully of opinion, that it is expedient to bring the subject of the Union of the British North American Colonies, under the notice of Her Majesty’s Government, with as little delay as possible, and to inform the Government of each such Colony that the attention of Her Majesty has been called to the subject by Your Excellency.

That Your Excellency should submit to the Right Honorable the Secretary of State, for the Colonies, the propriety of authorizing a meeting of Delegates on behalf of each Colony and of Upper and Lower Canada respectively, for the purpose of considering the subject of such Federative Union, and reporting on the principles on which the same could properly be based.

That such Delegates should be appointed by the Executive Government of each Colony, and meet with as little delay as possible.

That the Report of such Delegates should be addressed to the Secretary of State for the Colonies, and that a Copy of it, as soon as it is prepared, should be placed in the hands of the Governor and Lieutenant Governor of each Colony, in order that they may lay the same before the Provincial Parliament, with as, little delay as possible.

Certified,

(Signed,)         Wm. H. LEE,
C.E.C.

[Copy.]

No. 87.

Downing Street, 26th November, 1858.

SIR,

I have on a former occasion acknowledged your despatch, No 118, of the 9th September, accompanied by a minute of a Committee of the Executive Council of Canada, proposing that Her. Majesty’s Government should authorize a meeting of Delegates, to discuss the expediency, and the conditions of a Federal Union of the British North American Provinces. By this name I understand to be meant an arrangement for establishing a Common Legislation in the Provinces, upon matters of common concern. I have since received a letter on the same question, dated the 25th of October, from those Members of your Executive Council, who have recently visited England; and I have to inform you that the proposal has received from Her Majesty’s Government, the careful consideration which its importance demands.

The question however, is one which involves not merely the interest of the important Province of Canada and its relations towards the Empire, but also the position and welfare of the other North American Provinces. The Government of one of them has afforded some indication that it deems the question of a Legislative Union of some or all of the Colonies, as equally deserving of consideration. With this exception Her Majesty’s Government have received no expression whatever of the sentiments which may be entertained by the Governments of the Lower Provinces. We think that we should be wanting in proper consideration for those Governments, if we were to authorize, without any previous knowledge of their views, a meeting of Delegates from the Executive Councils, and thus to commit them to a preliminary step towards the settlement of a momentous question of which they have not yet signified their assent to the principle.

A communication in terms corresponding with the present despatch, will be addressed to the Governors of the other Provinces, in order to place them, and their responsible Advisers in full possession of the actual state of the question.

I have, &c.,

(Signed,) E. B. LYTTON,

The Right Honorable,

Sir E. Head, Baronet,

&c.,     &c.,     &c.

(Copy.)

Quebec, 9th September, 1858.

SIR,

I have the honor to transmit for Your Excellency’s information the enclosed Copy of a minute of the Executive Council of Canada, approved by myself on the subject of Federative Union of the British North American Provinces.

I have, &c.,

(Signed,)         EDMOND HEAD,

The Lieutenant Governor,

Prince Edward Island.

(Copy.)

GOVERNMENT HOUSE,

Prince Edward Island, 9th October, 1858.

SIR,

I have the honor to acknowledge your Excellency’s despatch of the 9th ultimo, inclosing for my information copy of an approved minute of your Council on the subject of a Federative Union of the British North American Provinces.

I have, &c.

(Signed,)         D. DALY.

Lieutenant Governor.

His Excellency

The Governor General,

&c.,     &c.,     &c.,     Canada.

(COPY.)

Quebec, 9th Sept., 1858.

SIR,

I have the honor to transmit for Your Excellency’s information the enclosed copy of a minute of the Executive Council of Canada, approved by myself on the subject of a federative union of the British North American Provinces.

I have &c.,

(Signed,)         EDMUND HEAD.

The Lt. Governor of New Brunswick.

GOVERNMENT HOUSE, FREDERICTON,

New Brunswick, 17th September, 1858.

SIR,

I have the honor Io acknowledge the receipt of Your Excellency’s despatch of the 9th instant, enclosing a copy of a minute of the Executive Council of Canada, approved by Your Excellency on the subject of a Federative Union of the British North American Provinces.

I have &c.,

(Signed,)         J. H. T. MANNERS SUTTON.

His Excellency the Right Honorable

SIR E. HEAD, BART.,

Quebec.

(COPY.)

GOVERNMENT HOUSE, FREDERICTON,

New Brunswick, 11th October, 1858.

SIR,

With reference to Your Excellency’s despatch of the 9th ult., (the receipt of which was acknowledged by me on the 17th ult.), I have now the honor to transmit to you for Your Excellency’s information a copy of a memorandum which has been submitted to me by my Council on the subject referred to in that despatch.

I have &c.,

(Signed,)         J. H. T. MANNERS SUTTON.

His Excellency the Right Honorable

SIR E. HEAD, BART.,

&c.,     &c.,     &c.,     Toronto.

(Copy.)

To His Excellency the Honorable J. H. T. Manners Sutton, Lieutenant Governor, &c., &c., &c.

The Committee of Council have had under consideration the despatch of the Governor General of the 9th instant, containing the report of the Executive Council of Canada on the subject of a Federative Union of the British North American Provinces.

The Council are deeply impressed with the importance of the si4bjeçt requiring as it does the most deliberate and mature consideration.

The British North American Provinces have each attained a great degree of material prosperity under their present constitution; and the increased power of self Government recently conferred upon them, has left them nothing to envy in the political condition of the citizens of the neighbouring republic.

The Council are of opinion that the interest of this Province and of all the British North American Provinces require that, when the question of a. Federal or Legislative Union of the Provinces is formally brought before the people, it should be raised in such a manner and at such a time as would afford a reasonable prospect at least of arriving at a speedy and satisfactory conclusion. And without expressing any opinion as to the practicability or effect of such a union as that referred to in the memorandum of the Council of Canada, the Council would state that although the subject of a Union of the Colonies has to some extent been discussed in the public press here, the attention of the Provincial Legislature has never been directed to this matter, nor has it been a prominent subject of consideration among the constituencies, and in this respect New Brunswick occupies a very different position from Canada.

And it may be remarked that if the recommendation of the Canadian Government be adopted by the Secretary of State, the question of a Legislative Union with any or all of the other Provinces must be excluded from consideration by the commission.

Under these circumstances, the Council would respectfully submit, that a reasonable time should be allowed for consideration before the commencement of any such enquiry as that contemplated by the Government, of Canada.

(Signed,) CHARLES FISHER,
J. L. LILLEY,
JAMES BROWN,
W. A. STEEVES,
A. J. SMITH,
CHARLES WALTERS.

25th September, 1858.

(Copy.)

Quebec, 9th September, 1858.

SIR,

I have the honor to transmit for Your Excellency’s information the enclosed copy of a minute of the Executive Council of Canada approved by myself on the subject of a Federative Union of the British North American Provinces.

I have &c.,

(Signed,)         EDMUND HEAD.

The Governor of Newfoundland.

(Copy.)

GOVERNMENT HOUSE,

Newfoundland, 12th October, 1858.

I had the honor to receive your despatch of the 9th September enclosing a minute of the Canadian Council on the subject of a Federative Union of the North American Provinces.

I submitted the same to the Newfoundland Council, and beg leave to enclose a copy of their determination.

I have &c.

(Signed,)         A. BANNERMAN,

Governor.

To His Excellency

The Governor General of Canada.

At a Counsil held this day 1st October, 1858,

Present:

His EXCELLENCY THE GOVERNOR,

The Honorable THE COLONIAL SECRETARY,

“                      LAWRENCE O’BRIEN,

“                      THE RECEIVER GENERAL,

“                      SURVEYOR GENERAL,

“                      JAMES J. ROGERSON,

“                      THE ATTORNEY GENERAL,

“                      EDWARD D. SHEA.

The Governor laid on the table a letter dated Quebec, September 9th, from the Governor General of Canada enclosing copy of a minute of Executive Council of Canada, approved by himself, on the subject of a Federative Union of the British North American Provinces.

The said letter and minute of Council being read,

It was Resolved:—

That so soon as the Right Honorable the Secretary of State of the Colonies authorize the propriety of a meeting of Delegates on each Colony and of Upper and Lower Canada respectively, for the purpose of considering the subject of a Federative Union and reporting on the principles on which the same could properly be based, the Executive Council of this Colony will nominate Delegates to represent Newfoundland at such meeting.

Resolved:

That His Excellency the Governor be requested to transmit a copy of this minute to the Governor General of Canada.

A true copy from the minutes of Executive Council.

(Signed,)         J. KENT.

(Copy.)

Quebec, 9th September, 1858.

SIR,

I have the honor to transmit for Your Excellency’s information the enclosed copy of a minute of the Executive Council of Canada approved by myself on the. subject of a Federative Union of the British North American Provinces.

I have &c.,

(Signed,)         EDMUND HEAD.

The Lieutenant

Governor of Nova Scotia.

(Copy.)

GOVERNMENT HOUSE,

Toronto, 10th January, 1859.

SIR,

I have the honor to enclose for Your Excellency’s information a Copy 8th January, 1859. of a minute of my Executive Council, approved by myself No. 87, 26th Nov., 1858. together with copies of the Secretary of States despatch, 23rd Oct., 1858. and of the letter addressed to him which are mentioned therein.

I have, &c.,

(Signed,)         EDMUND HEAD,

His Excellency,

The Hon. J. H. T. MANNERS SUTTON,

&c.,     &c.,     &c.

New Brunswick.

(Copy.)

GOVERNMENT HOUSE,

Toronto, 10th January, 1859.

SIR,

I have the honor to enclose for Your Excellency’s information, a Copy 5th January, 1859. of a minute of my Executive Council, approved by myself, No. 87, 26 Nov., 1858. together with copies of the Secretary of States despatch and 23rd October, 1858. of the letter addressed to him which are mentioned therein.

I have, &c.,

(Signed,)         EDMUND HEAD,

His Excellency,

SIR D. DALY,

&c.,     &c.,     &c.

Prince Edward’s Island.

(Copy.)

GOVERNMENT HOUSE,

Toronto, C. W. 10th January, 1859.

SIR,

I have the honor to enclose for Your Excellency’s information a copy 5th January, 1859. of a minute of my Executive Council approved by myself No. 87, 26 Nov., 1858. together with copies of the Secretary of States despatch 23rd October, 1858. and of the letter addressed to him which are mentioned therein.

I have &c.,

(Signed,)         EDMUND HEAD.

His Excellency

Sir Alex. Bannerman,

&c.,     &c.,     &.        Newfoundland.

(Copy.)

GOVERNMENT HOUSE,

Toronto, C. W. 10th January, 1859.

MY LORD,

I have the honor to enclose for Your Excellency’s information a copy of 5th January, 1859. a minute of my Executive Council approved by myself, No. 87, 26 Nov., 1858. together with copies of the Secretary of States despatch and 23rd Oct., 1858. of the letter addressed to him which are mentioned therein.

I have &c.,

(Signed,)         EDMUND HEAD.

His Excellency

The Earl of Mulgrave,

&c.,     &c.,     &.        Nova Scotia.

Copy of a Report of a Committee of the Executive Council, dated, 5th January 1859, approved by His Excellency the Governor General in Council, on the following day:

The Committee have had under consideration a Despatch (No. 87, dated 26th November, 1858, from the Right Honorable the Secretary of State for the Colonies, intimating that the Imperial Government, before authorizing a meeting of Delegates from the Executive Councils of the British North American Provinces, on the subject of a Federal Union, as proposed in the Order in Council communicated to the Colonial Secretary by Your Excellency’s Despatch, No. 118, of 9th September last, desire an e pression of the sentiments which may be entertained by the Governments of the Lower Provinces on that important matter, in order not to commit them to a preliminary step towards the settlement of a question of which they have not yet signified their assent to the principle.

In order to place the Governments of the Lower Provinces in possession of all the proceedings that have hitherto taken place in reference to the above mentioned subject, the Honorable the Attorney General (L. C.) recommends that a copy of the said Despatch No. 87, as well as of the letter addressed by the Delegates from Canada to the Right Honorable the Colonial Secretary, while in England, be communicated to the Governor and Lieutenant Governor of each of such Provinces, with a view to invite such action in the matter as may be deemed expedient.

The Committee advise that the suggestion of the Honorable Attorney General be approved and acted on.