vince did not possess the confidence of the majority of the representatives of that section in the assembly.1 The principle, however specious in theory, was not at all practicable in legislation, and even its most strenuous supporters too often found that it could not be conveniently carried out in certain political crises. Its observance was always, to a great extent, a matter of political convenience, and it was at last abandoned even by its former advocates, who had urged it as the only means of doing justice to each province, and preserving the equality of representation provided in the constitution of 1840."

The demands of the representatives from Upper Canada for additional representation were made so persistently that the time arrived when the administration of public affairs became surrounded with the gravest embarrassment. Parties at last were so equally balanced on account of the antagonism between the two sections, that the vote of one member might decide the fate of an administration, and the course of legislation for a year or series of years. From the 21st of May, 1862, to the end of June, 1864, there were no less than five different ministries in charge of the public business.3 Legislation,

1 See amendment moved by Mr. Cauchon to Mr. Thibaudeau's motion. Jour. Ass. (1858) 145,876. Also Ib. (1856), 566.

2 Mr. J. Sandfield Macdonald was always one of its warmest supporters, on the ground that it did away with the necessity of a change in the representation, as advocated by Mr. Brown and his followers from Upper Canada; but he virtually gave it up on the separate school question in 1863, when a majority of the representatives of his own province pronounced against a measure to which he was pledged as the head of the MacdonaldSicotte Ministry. Turcotte II., 477-487. See Dent II., 429. 3 Sir J. A. Macdonald. Con. Deb., p. 26; Sir E. P. Taché, ib. 9.

in fact, was at last practically at a dead-lock, and it became an absolute political necessity to arrive at a practical solution of difficulties, which appeared to assume more gravity with the progress of events. It was at this critical juncture of affairs that the leaders of the government and opposition, in the session of 1864, came to a mutual understanding, after the most mature consideration of the whole question. A coalition government was formed on the basis of a federal union of all the British American provinces, or of the two Canadas, in case of the failure of the larger scheme.1 The union of the provinces had been discussed more than once in the legislatures of British North America since the appearance of Lord Durham's report, in which it was urged with great force that "it would enable the provinces to co-operate for all common purposes, and above all, it would form a great and powerful people, possessing the means of securing good and responsible government for itself, and which, under the protection of the British Empire, might, in some measure, counterbalance the preponderant and increasing influence of the United States on the American continent." Lord Durham even went so far as to recommend that the "bill should contain provisions by which any or all of the other North American colonies may, on the application of the legislature, be, with the consent of the two Canadas or their united legislature, admitted into the union on such terms

Sir J. A. Macdonald, Conf. Deb., 26-27. "The opposition and government leaders arranged a larger and a smaller scheme; if the larger failed, then they were to fall back upon the minor, which provided for a federation of the two sections of the province." Sir E. P. Taché, Ib. 9.

as may be agreed on between them." The expediency of a union was made a part of the programme of the Cartier-Macdonald government in 1858, and expressly referred to in the governor's speech at the close of the session; but no practical result was ever reached until the political necessities of the provinces forced them to take up the question and bring it to a satisfactory issue. It was a happy coincidence that the legislatures of the lower provinces were about considering a maritime union at the time the leading statesmen of Canada had combined to mature a plan of settling their political difficulties. The Canadian ministry at once availed themselves of this fact to meet the maritime delegates at their convention in Charlottetown, and the result was the decision to consider the question of the larger union at Quebec. Accordingly, on the 10th of October, 1864, delegates from all the British North American provinces assembled in conference, in "the ancient capital," and after very ample deliberations during eighteen days, agreed to seventy-two resolutions, which form the basis of the Act of Union.3 These resolutions were formally submitted to the legislature of Canada in January, 1865,

1 Rep. pp. 116-21. He preferred a legislative union.

2 Conf. Deb., Sir G. E. Cartier, p. 53; Ass. J. (1858) 1043. See also Mr. Brown's speech (pp. 110-24), in which he claimed that the essence of the federation measure was found in the “joint authority" resolutions of the Reform Convention of 1859.

8 For historical accounts of initiation of confederation see Doutre, Constitution of Canada, 15; Gray, Confederation of Canada, vol. i.; Turcotte II., 518-59; Confederation Debates, 1865, especially speeches of Sir E. P. Taché, Sir J. A. Macdonald, Sir G. E. Cartier, Hon. Geo. Brown, and Sir A. Campbell. Canada

and after an elaborate debate which extended from the 3rd of February to the 14th of March, both houses agreed by very large majorities to an address to her Majesty praying her to submit a measure to the Imperial Parliament "for the purpose of uniting the provinces in accordance with the provisions of the Quebec resolutions."1 Some time, however, had to elapse before the union could be consummated, in consequence of the strong opposition that very soon exhibited itself in the maritime provinces, more especially to the financial terms of the scheme. In New Brunswick, there were two general elections during 1865 and 1866, the latter of which resulted in the return of a legislature favourable to union,

was represented by 12 delegates, 6 for each province, New Brunswick by 7, Nova Scotia by 5. P. E. Island by 7, and Newfundland by 2; each province had a vote, and the convention sat with closed doors. The delegates: Canada, Sir E. P. Taché, Messrs. J. A. Macdonald, Cartier, Brown, Galt, Campbell, Chapais, McGee, Langevin, Mowat, McDougall and Cockburn. Nova Scotia, Messrs. Tupper, Henry, McCully, Archibald and Dickey. New Brunswick, Messrs. Tilley, Mitchell, Fisher, Steeves, Gray, Chandler and Johnson. P. E. Island, Messrs. Gray, Coles, Haviland, Palmer, Macdonald, Whelan and Pope. Newfoundland, Messrs. Shea and Carter,

1 The address was agreed to in the legislative council by 45 contents to 15 non-contents, Jour. (1865, 1st sess.), p. 130; in the assembly by 91 yeas to 33 nays, Jour., pp. 192-3; Confed. Debates, 1865. p. 962. Sir E. P. Taché introduced the resolutions in the council; Atty.-Gen. (now Sir J. A.) Macdonald moved, and Atty.Gen. (afterwards Sir) G. E. Cartier, seconded them in the assembly. Four members of the government went to England after the session of 1865, in reference to confederation, the cession of the North-West, and other important questions, Jour., 1865, 2nd sess., 7-16.

and finally to the adoption of the measure. The question was never submitted to the people at the polls in Nova Scotia, but the legislature eventually, after months of hesitation, agreed to the union, in view of the facts that it was strongly approved by the imperial government as in the interests of the Empire, that both Canada and New Brunswick had given their consent, and that it was proposed to make such changes in the terms as would be more favourable to the interests of the maritime provinces. The result of the action of the two provinces in question was another conference at London in the fall of 1866, when a few changes were made in the direction of maritime interests, chiefly in the financial terms, and without disturbing the important features of the Quebec resolutions, to which Canada had already pledged herself in the session of 1865. The provinces of Canada, Nova Scotia, and New Brunswick, being at last in full accord, through the action of their respective legislatures, the plan of union was submitted on the 12th of February, 1867, to the Imperial Parliament, where it met with the warm support of the statesmen of all parties, and passed without amendment in the course of a few weeks, the royal assent being given on the 29th of March. The new constitution came into force on the

2

1 The Westminster Palace Conference was held in London, in December, 1866, and the result was the Union Act of 1867.

2 Imp. Act, 30 and 31 Vict., c. 3. "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the government thereof, and for purposes connected therewith." Lord Carnarvon, then secretary of state for the colonies, had charge of the measure in the Lords. Mr. Adderley, under-secretary in the Commons. 185 E. Hans 3 (Lords), 557, 804, 1011; (Commons) 1164, 1310, 1701.