4. Building the New Nation

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A. The Road to Confederation →→ 1. Growth and Change in B.N.A. → 2. Causes of Confederation 1861-66 → 3. The Path to Union 1864-67 → 4. Building the New Nation → 5. Confederation Today →→ B. All Aboard for the West

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Nova Scotia has Second Thoughts

Led by journalist Joseph Howe, who wrote the Botheration Letters against Confederation, Nova Scotians were beginning to regret their decision. They believed that Charles Tupper had sold the province out for a mere 80 cents per capita which was the subsidy agreed upon. Further, they felt that federal tariffs would decimate their lucrative trade with New England. Howe had already tried, unsuccessfully, to have Britain to rescind the deal during the final London Conference. In the first federal election a scant ten weeks after the Confederation celebrations, Howe's separatist Nova Scotia Party took 18 out of 19 of the province's seats. In the following year's provincial election, they kicked pro-confederate premier Charles Tupper out of office, taking 36 of 38 seats to become the official government. And that government wanted out of Confederation.

Joseph Howe Campaigning

In a Nova Scotia petition in favour of separation, 31,000 of the 48,000 electors in Nova Scotia said yes -- a clear majority of 65%. In the Legislative Assembly, all but two of the 38 MLAs voted in favour, and 16 of the province's 19 members in the House of Commons signed the petition. The Petition for Separation stated:

"That there being no Statute of the Provincial Legislature confirming or ratifying the British North America Act, and it never having been consented to nor authorized by the people, nor the consent of the Province in any other manner testified, the preamble of the Act, reciting that this Province has expressed a desire to be Confederated with Canada and New-Brunswick is untrue, and when Your Majesty was led to believe that this province had expressed such a desire, a fraud and imposition was practised on Your Majesty."

In October of 1867, John A. Macdonald wrote to a colleague that Nova Scotia had "declared, so far as she can, against confederation. But she will be powerless for harm, although that pestilent fellow, Howe, may endeavour to give us some trouble in England."

Opening Day

Monck Reads the First Speech from the Throne

November 6, 1867, saw the opening day of Canada's first Parliament, and the debate on the Speech from the Throne was held on November 8. Right after Lord Monck's Speech from the Throne, Joseph Howe, backed by 16 separatist MPs, rose in the House and made the following speech against Canada:

Joseph Howe (Hants): "Mr. Speaker, with respect to the gratification expressed by His Excellency, it will not be shared by the people of my province. They feel they have been legislated out of the Empire by being legislated into this Dominion. They will read His Excellency's speech with sorrow and humiliation, and not gratification.

The bill was passed in the face of a petition of 31,000 of the people of Nova Scotia. They did not ask to throw out the bill, merely to delay it until the Nova Scotians had time to pronounce upon it at the hustings. There is, therefore, on the part of Nova Scotia certainly no room for congratulation for the manner in which it has been treated by the Mother country.

Then this new nation, as it is called, we are told, is soon to be extended from the Atlantic to the Pacific. It has no army to defend it, no navy to protect its shipping. It has been one of the great objections of Nova Scotians to this Dominion scheme that the Minister of Militia might march their young men out of their country to defend a corner of the earth hundreds of miles away from them.

Joseph Howe

We are asked to annex the Red River territory. What has been the policy of the British government in respect to this territory? Why, while she has been pouring out her population to enrich foreign countries, she has allowed this territory to remain a disgrace to civilization. Well, may she hand over this territory to us and be glad to get rid of the burden! Every man in Canada, every man in all the provinces would defend the British flag but with respect to the Red River settlement, more men could be recruited in the state of Minnesota in a week that would be necessary to cut it off in spite of all that Canada could do.

I do not believe that the people of Nova Scotia will ever be satisfied to submit to an act which has been forced upon them by such unjust and unjustifiable means. What is the union but a mere act of Parliament? If bad, its repeal may be agitated for.

Yet this Union Act has been spoken of as something against which it is treason to say a word. The people of my province were tricked into this scheme."

Again in 1868, Howe journeyed to Britain seeking his province's separation from Confederation. And again Britain refused, Queen Victoria rejecting a request that Confederation be repealed. Some disillusioned anti-Confederationists even spoke of joining up with the United States, while in the Washington, a group of Senators had passed a Bill for the admission of the States of Nova Scotia, New Brunswick, Canada East, and Canada West, and for the organization of the Territories of Selkirk, Saskatchewan, and Columbia.

This state of affairs could not continue, and Prime Minister Macdonald, ever the wily politician, understood that Howe was the key in getting Nova Scotia to acquiesce within the new federal union. Thus, Macdonald traveled to Halifax in the summer of 1868 and negotiated with Howe. Secret talks resulted in better financial terms for Nova Scotia, a federal cabinet post for Howe, and Nova Scotia's acceptance of its place within Confederation.

Building the Territory

Canada in 1867

Building the new nation took a variety of forms. On perhaps the most immediate level it involved the physical expansion of the new Dominion. Within the first six years of Confederation, three new provinces were added while one colony rejected the invitation. Within two years of the birth of the nation, its size was increased six hundred per cent. Promises of a transcontinental railway foreshadowed much in the way of improved transportation, communication, and trade for the young Canada. The creation of the North West Mounted Police gave the fledging country a national police force.

One Atlantic colony rejected Confederation while one accepted it. In 1869, an election in Newfoundland and Labrador resulted in a resounding defeat for the pro-Confederation forces. Charles Fox Bennett, a fiery 76-year-old, railed against the evils of joining with mainland. They would lose their identity, taxes would rise, trade would decline, and their sons would die in "foreign wars." His consistent message of the evils of Confederation resonated in the people as they gave Bennett's anti-Confederation party 21 of the 30 seats. "The Rock" had spoken loud and clear - Confederation was forcefully dismissed. That rejection would stand for 80 years.

In the other Atlantic island colony, the result was the every opposite. As we have seen earlier, by 1873 Prince Edward Island had amassed a huge provincial debt. It resulted from a combination of an economic downturn, the attempt to build an intercolonial railway, and the high number of absentee landowners. In return for a per capital annual subsidy, the assumption of its debt, and the promise of a physical link with the mainland, Prince Edward Island joined Canada as the seventh province.

Canada in 1870

Big changes had already taken place in the western portion of Canada. The 1869 Rupert Land's Act, negotiated on behalf of Canada by Britain, transferred much of the land that was owned by the Hudson's Bay Company to the new Dominion. In return for about $1.5 million and one-twentieth of all the land, Canada had, with the stroke of a pen, increased its physical size by more than six times.

In the immediate aftermath of that agreement, the Red River Rebellion, led by Louis Riel, broke out. After some fighting and considerable negotiation, most of the terms of Riel's Métis Bill of Rights were incorporated into the Manitoba Act of 1870, which saw the creation of Canada's fifth province,

The following year, 1871, Canada's western-most province, British Columbia, seeking to revive its lagging economic fortunes, became the sixth province. Part of the inducement to win British Columbia's acceptance was a physical link with the rest of Canada. Initially, the B.C. delegates were prepared to accept as little as a wagon road. However, the Canadian negotiators decided to leave nothing to chance and in an act of unbridled generosity promised that a transcontinental railway would be started within two years of British Columbia's entrance into Confederation and completed within ten years of that date. Although a worldwide depression intervened to delay both dates, once construction did begin, the work proceeded with amazing speed resulting in the completion of the Canadian Pacific Railway before the end of 1885.

The Great Seal of Canada, 1867; Used for Royal Assent to Laws

A New System of Government

Beyond the physical changes, building the new nation also involved the creation of brand-new, unique governmental system. A number of factors influenced the Fathers of Confederation in designing that new political system. First of all were their own inclinations. While Macdonald wanted a federal union with a strong central government, Cartier wanted a legislative union with powerful provincial governments. Brown kept reiterating his desire for "representation by population" as the optimal system. Secondly, there was the context within which their deliberations took place.

The overwhelmingly important event that dominated their era as well as their discussions was the American Civil War. In examining the roots of the four-year conflict, the Fathers of Confederation wanted to avoid at all possible costs repeating the faulty structure of overly powerful state governments in their own design. Third and finally, they had the two great democratic governmental models, the British and the American, and were in a position to choose the best features and reject those deemed irrelevant or inappropriate.

Quebec Arms

A number of foundations were agreed upon near the outset. Firstly, the new Dominion would be a federal system. Two prime reasons lay behind the decision. One was the simple fact that it was exceedingly dubious that Quebec, as a numerical minority, would have joined any other type of union. Secondly, the Fathers of Confederation foresaw a nation "from sea to sea" and therefore the sheer size of the future nation, with its resulting diversity, required more than one level of government.

Further, it was decided that the majority of powers would be invested in the national government. Section 91 of the British North America Act gave the federal government thirty-seven enumerated, or specified, powers. Section 92 vested less than half that number, fifteen, enumerated powers to the provincial governments. Not only did the national government have more powers than their provincial counterparts, but also the types of powers over which they were given jurisdiction, such as defense, criminal law, and external affairs, were qualitatively more important.

Finally, the Peace, Order, and Good Government clause at the end of Section 91 gave the national government the power over residual areas. Only the national government had the right to make laws not expressly allocated that it deemed for the "peace, order, and good government" of Canada.

The federal government's power was enhanced in other ways. It was given the power of disallowance that enabled it to veto any law that it deemed in contravention of a federal statue. Only the national government could impose direct and indirect taxes. The national government also was given the power to appoint provincial Lieutenant Governors.

Like much else that was decided in the discussions regarding the formation of the new Canadian governmental system, this division of powers was achieved through compromise. Certainly Macdonald got more of what he wanted. That was because he eloquently and adamantly pointed to the example of the American Civil War, caused by "states rights," in order to win more power for the new national government. However, Cartier and the proponents of a legislative union did not lose out completely. While accorded only fifteen enumerated powers, the ones that the new provincial governments received were crucial for cultural survival. Areas such as language, civil law, and education were vital to avoid assimilation.

The British Connection

The Fathers of Confederation accepted the idea that the connection with Britain would be retained. The new Dominion would be a constitutional monarchy. That monarchy would rule in the tradition of responsible, cabinet government. In such a system, the power of the monarch would be severely limited by a written constitution. In fact, the real power would reside with parliament. Retaining the monarchy would provide order and stability, distinguish the new Dominion from the American republic to the south, and also curb any overly radical tendencies of the relatively new system of democracy.

Queen Victoria & Prince Albert

Parliament would be bicameral with a lower chamber, the House of Commons and an upper chamber, the Senate. (The Fathers of Confederation decided on the name used by the Americans rather than the British House of Lords.) It would be a responsible system, rather than the American style 'checks and balances' system as the executive branch would be accountable to the legislative branch.

George Brown got his cherished "rep by pop" system accepted as the basis for election into the House of Commons. Both the smaller Maritime provinces and culturally sensitive Quebec only agreed to his proposal with reluctance. Quebec was to be used as apportioning the number of seats in the House of Commons as originally it was given 65 seats (subsequently raised to 75) and all other provinces had their parliamentary allocation determined by the ratio of its population to that of Quebec. Being the elected body, the House of Commons was to be the dominant institution. (As an example, only it could initiate money bills.)

The Senate

The upper house, the Senate, was to be appointed on an equal and regional basis. Initially, 24 Senators came from Ontario, 24 for Quebec, and 24 from the Maritimes. In theory, the upper chamber was to be a body of "sober, second thought" in that there was a property qualification of $4 000 that had to be met to be a senator. They would check any radical tendencies of the House. Also, in theory, the Senate was to review and improve bills prior to their becoming laws.

Finally, the upper house was to protect the position of the smaller provinces. However, being un-elected substantially limited the Senate's power. Further, having the federal government in charge of the appointment of senators severely limited its ability to protect provincial rights. Similarly, the original lifetime tenure (later changed to retirement at age 75) reduced the Senate's effectiveness. To a large extent, Canada's upper house became a reward for loyal party workers as well as the guardian of the rich and powerful in Canada.

The Much Fathered Youngster; by J. W. Bengough

Several American political practices were rejected - the popular election of judges, a republican system, the separation of powers, a powerful Senate, and a decentralized criminal justice system. Nevertheless, a number of American features were adopted. They included: the name of the upper house, equal representation in the upper chamber and "rep by pop" in the lower chamber, and perhaps most significantly, federalism.

Similarly, British governmental features were both rejected and adopted. In the former category were a titled nobility and the name of the upper house. However, many British political elements were copied and adapted. They included a constitutional monarchy, the custom of both a written and an unwritten constitution, the tradition of British common law, and a responsible, parliamentary, cabinet system. Elements such as bicameralism and democracy were adopted from both models.

In forging this distinct new governmental system, the Fathers of Confederation were responding to their own contemporary needs as well as to attempting to create a system that endure for a long time. Their tactics were discussion, debate, give-and-take, and ultimately, compromise. The fact that the system that they designed has not only endured but has thrived and prospered is a testament to their wisdom and foresight.

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Thomas D’Arcy McGee (Notman)

Sidelight: D'Arcy McGee Assassinated

Late in the evening of April 7, 1868, Montreal MP D'Arcy McGee had sauntered back to his rooming house on Sparks Street after giving a passionate speech in favour of national unity in the House of Commons. While fumbling with his keys or trying to unlock the door, he was shot in the head, from behind, at close range.

Prime Minister John A. Macdonald was summoned immediately and personally helped lift the body onto a bed.

Thomas D’Arcy McGee was given a State Funeral, attended by thousands, on what would have been his 43rd birthday, 13th April 1868.

The killing of McGee was the first and only assassination of a Canadian MP. Suspicion quickly fell on the Fenian Order, a radical group that dreamed of an Irish homeland in North America. A massive police sweep was conducted and dozens of possible suspects were detained. Within 24 hours of the crime, police arrested a young Ottawa tailor Patrick Whelan. He was carrying a Smith & Wesson revolver, fully loaded, in his coat pocket along with some ammunition.

On April 9, 1868, Whelan was charged with the murder of Thomas D’Arcy McGee. His trial took place in the Court of Common Pleas in Ottawa that September. The trial lasted eight days and received international publicity. He was defended by John Hillyard Cameron, Grand Master of the Orange Order. The prosecutor was James O’Reilly. Presiding over the trial was Chief Justice William Buell Richards. The trial generated much interest and almost every detail of the "tailor with red whiskers" (Whelan) was noted and reported on.

Patrick James Whelan

A contemporary report describes Whelan as appearing in court wearing a small green rosette, white vest and garnet cufflinks.

During the trial, the key piece of evidence was the revolver taken from Whelan’s pocket during his capture. Court records describe it as a .32 caliber Smith & Wesson Type 2 six shot revolver with serial number 50847. A police expert said that it likely shot the bullet that had been pried out of McGee's skull. On the eighth and final day of the trial Whelan was convicted and sentenced to death by hanging.

On a cold and bleak morning of February 11, 1869, Patrick James Whelan, the convicted assassin of Thomas D’Arcy McGee, met his death on a scaffold erected at the Carleton County jail. A crowd of more than 5,000 people attended the event despite a snowfall earlier that morning. Whelan’s execution was the last public hanging to take place in the Dominion of Canada.

Footnote:

In May of 2005, The Canadian Museum of Civilization acquired at auction for $105,000 the Smith and Wesson .32 Caliber Model 2 Tip Up Revolver, serial numbered 50847, seized from the pocket of James Patrick Whelan during his arrest following the assassination of Thomas D'Arcy McGee. A private bid proved too rich for the Bytown Museum, who dropped out of the bidding at $55,000.

According to David Morrison, the Museum's director of archeology and history, they resolved that the revolver was too important to Canadian history to end up "in a curio collection in a rich person's basement, possibly in another country."

"I'm very pleased we got it. McGee played a key role in Confederation, he was a major peace broker between Irish Catholics and the Orange (Order) Scottish Protestants like Sir John A. Macdonald," he said in an interview from his home.

Thomas D'Arcy McGee Reward

"McGee was one of the architects of Canadian unity and diversity -- which may be one of the reasons he was shot."

"The gun is best with us. We represent the whole country. Our country doesn't have enough of this -- icons of Canadian history. Canadians don't take their history seriously the way Americans do. Now (the gun) is part of the national collection for all Canadians."

The Bytown Museum had mounted a spirited fundraising campaign to buy the revolver, including a rally on Sparks Street. It raised donations from the City of Ottawa, D'Arcy McGee's Irish Pub, the National Capital Irish Society and many average citizens. Carolyn Cook, the museum's curator, called the outcome "the best of the worst situations." She said the Museum of Civilization has promised to lend the gun to the smaller institution for display some time in the future. "We're happy it's staying in the region," Ms. Cook said in an interview from the museum.

The late T.P. Slattery, a respected Montreal lawyer and legal historian, has made a convincing argument that neither Whelan nor his gun murdered McGee. He wrote that Whelan was railroaded and the ballistics evidence was faulty.

Mr. Morrison conceded the value of his museum's revolver would drop if Whelan's innocence was proven -- but he noted Whelan was convicted and there's no doubt this was his weapon. "We would put it on display as the gun that shot D'Arcy McGee," Mr. Morrison said. Ms. Cook, from the Bytown Museum, said the debate over Whelan's guilt only adds to the mystery surrounding McGee's murder and public interest in the revolver.

Another mystery is how the valuable weapon found its way to its last private owner, Scott Renwick, an auto mechanic from Dundalk, in southwestern Ontario. Mr. Renwick's friend, Mark Van Dusen, said in an interview it's believed the original investigating officer gave the weapon to an ancestor of Mr. Renwick's and it has passed down through the family ever since. "Scott is ecstatic that it sold at auction, the fair way to do it ... and that it will be in a place where all Canadians can see it," Mr. Van Dusen said.

Auction notice

Here's the description of the revolver from Jeffrey Hoare Auctions Inc.:

"The internal mechanism of the gun is in very good condition, showing little use. The bore is clean, the rifling sharp and discernable without evidence of pitting. The cylinder is tight, as is the tip up release which clicks sharply into position. The revolver retains about 50% of the original iridescent bluing, with the grips having the original varnish mostly in place. Overall, the gun shows some light rust and wear on the outside surfaces, mainly attributed to handling rather than use. An exceptional piece of Canadian history."

SOURCE: Jeffrey Hoare Auctions Inc.