Читать книгу Canada and the British Immigrant - Emily Poynton Weaver - Страница 11

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NOW and for many a year past the whole vast country has been under one government, and this is a fact that is of a good deal of importance outside merely political circles. Unlike the Federal Government of its great neighbour, the several states of which united to resist pressure from the mother country without, “Confederation” in the case of the Dominion resulted largely from troubles within the provinces.

After the rebellion of 1837-38, the two provinces of Upper and Lower Canada were united under one government, with one legislature in which, though the population of the latter province was considerably larger than that of the former, each province was represented in the House of Assembly by forty-two members elected by the people, and in the Legislative Council by ten councillors appointed for life by the governor. The French naturally objected to this arrangement. They also objected to the assumption by the new province of the debts of both older ones, when the debt of Lower Canada was much smaller than that of Upper Canada; for, though part of the debt of the latter had been incurred in making canals and other improvements likely to be of advantage to the country generally, the French Canadians had, of course, never been consulted about the spending of the money.

In process of time, however, the relative position of the uneasily-yoked-together provinces altered.

In 1853 a bill was brought in, increasing the number of members of the Assembly from forty-two for each province to sixty-five. By this time the population of Upper Canada had outstripped that of the Lower Province, and there arose a demand amongst the English-speaking people for representation in proportion to population.

It is not surprising that the French Canadians, who had at first been the party to suffer by the forced equality of membership, resented and resisted the agitation for “Rep. by Pop.,” as it was often called. At that time it seemed as if the long-desired boon of responsible government were going to prove a failure in Canada, for the representatives of the people were split up into so many different groups—French and English; Reformers and Conservatives, both moderate and extreme, none of whom could arrive at any means of working harmoniously together. Any one of the numerous parties, standing alone, was sure to be outvoted; and it sometimes happened that opponents would unite to drive a third party from power, but not to give strength to any government.

The rivalry between the representatives of the French and English provinces was most dangerous to the principle of responsible government, for it could, and did happen, that measures affecting only one of the provinces were forced upon it by a majority drawn chiefly from the other province; and this caused very bitter and angry feeling. For instance, in this way a number of separate public schools for the Roman Catholics were firmly established in Upper Canada. Some people asserted, therefore, that it was the duty of a government to resign office if outvoted on a particular measure by the representatives of the province chiefly concerned, even though the majority of the whole House might be with it.

Another grave difficulty was that it led to grievous waste of the public money, for if money were voted for some public work in one province, an equal amount, whether needed or not, was usually voted for the other. These complications absolutely paralysed the working of the system of Party Responsible Government. Ministers rose and fell; dissolution of parliament succeeded dissolution; but there was no sign of any end to the confusion.

In different parts of British North America the plan of a Confederation of the Provinces, with one central government to control matters common to all, and provincial legislatures to manage local affairs, was advocated from time to time. The Maritime Provinces of Nova Scotia, New Brunswick, and Prince Edward Island had their own problems and difficulties, and in 1864 their statesmen agreed to meet at Charlottetown, in Prince Edward Island, to discuss the question of a union amongst themselves.

By that time affairs in United Canada (was there ever a greater misnomer?) had reached a positive deadlock. At the beginning of the year, in succession to a reform ministry, which had only weathered the political tempests for a few months, Sir Etienne Taché and Mr. (afterwards Sir) John A. Macdonald had formed a Conservative government. Even at first they had a bare majority and presently they were outvoted by a majority so narrow that there was not any reasonable ground for hope that if they resigned, their opponents would be less helpless, or that if parliament were dissolved parties would be less evenly balanced. A dissolution seemed inevitable, however, when there arose a sudden light in the darkness.

George Brown, the leader of the English-speaking reformers, came to the rescue and promised the support of himself and his party to the ministers, if they would seriously set themselves to find a way out of the difficulty. Macdonald and his coadjutors met their old opponents half way. A coalition government was formed, and it was decided to try to form a federal, in place of a legislative, union, including all the provinces or the two Canadas alone. It is needless here to dwell on the delays and difficulties with which the project was beset. In October, 1864, representatives of Upper and Lower Canada, and of the Maritime Provinces, including Newfoundland, met at Quebec to formulate a scheme of confederation; but neither of the two island provinces made part of the Dominion of Canada, as it commenced its existence on July 1, 1867. Prince Edward Island came into the union six years later; but Newfoundland stands aloof to this day.

The British North America Act of the Imperial parliament, which finally gave effect to the desire of the provinces for union, embodied, with little alteration, the scheme agreed upon at Quebec in 1864. The act provided for the admission into confederation of other provinces besides the original four, and, as has already been mentioned, the Dominion of Canada now consists of nine provinces besides some large tracts of unorganized and sparsely populated territory in the north.

The Dominion parliament has power to make laws for “the peace, order and good government of Canada,” except with regard to certain matters put under the jurisdiction of the provincial legislatures. The parliament consists of the King (represented by the Governor-General), an Upper House, or Senate, and a Lower House, or House of Commons.

The Senate consists of eighty-three members, who are appointed for life by the Governor-in-Council, but no man who is under thirty years of age, or not by birth or naturalization a British subject, is eligible for appointment. He must also be possessed of real or personal property worth $4,000 (£800), and must be, and continue to be, a resident of the province for which he is appointed.

The House of Commons consists (at present) of two hundred and fourteen members, elected with regard to a fair representation of the relative population of the different sections of the country by the following plan:—The province of Quebec has always sixty-five members, and the other provinces have a number of members bearing the same proportion to their populations as sixty-five bears to the population of Quebec. The representation is adjusted after every decennial census—the last census being taken in 1911. The population of the West naturally increases much faster than that of the older provinces, and consequently every census requires a readjustment in favour of the West. For instance, during the decade following the census of 1891, Ontario had ninety-two members and Manitoba had only seven, but since 1901 the number of Ontario’s members has dropped to eighty-six, while that of Manitoba has risen to ten, and the next readjustment, which is already overdue, will show an even greater change in the balance of population.

In the Dominion, as in the provincial parliaments, the principle followed is that of responsible cabinet government; and in this important respect it resembles the British system, and differs from the government of the United States. In the latter country, the appointment of all the chief executive officers rests with the President, subject to the consent of the Senate. Thus, as Professor Goldwin Smith puts it, “instead of a ministry responsible to the legislature and dependent for existence on its vote, America has a ministry independent of the legislature and irremovable during its term of four years.” But, in Canada, when a man takes office in the ministry he must go back to his constituents for re-election; and though the normal life of the House of Commons is five years, it may be dissolved at any time by the Governor-General on the advice of his ministers. Of course, if a cabinet is defeated it must resign and give place to one which has the confidence of the House. In this way, the will of the people (or it would be more correct to say of the men, for women have as yet no voice in the election of members to parliament) is supreme in Canada; and they must, in the last resort, hold themselves responsible for the doings of the men whom they put or retain in office.

THE HOUSES OF PARLIAMENT, OTTAWA

The qualifications entitling persons to vote are the same with regard to the Dominion House of Commons and the provincial legislatures. Women are excluded from voting on any but municipal elections, and males must be of the age of twenty-one years and be British citizens by birth or naturalization. In Ontario, Manitoba, Saskatchewan, Alberta and British Columbia the vote is given after a term of residence varying from six to twelve months (practically to every adult male citizen, though he may be utterly illiterate and ignorant of either the English or French tongues). In the Maritime Provinces even an adult male citizen cannot vote, unless he has been resident for twelve months in the province, and has qualifications “based” on ownership of real property, position as teacher or clergyman, personal property or income. The same applies to Quebec, except that in that province the would-be voter may qualify in one month’s residence.

By the British North America Act, the Dominion parliament has control of all matters not specially assigned to the provincial legislatures. This is another respect in which the Canadian constitution differs from that of the United States, where “the residuum of power” was retained by the States which entered into the Federal Union. In other words, in the United States all matters not specially put under the jurisdiction of the central authority remain to be dealt with by the individual states; while in Canada the authority of the Dominion parliament extends to all affairs not specially reserved to the jurisdiction of the provinces.

In general terms, the Dominion parliament has power to make laws regarding affairs that concern all the provinces, but a number of matters are specially enumerated as being within the jurisdiction of the central government. These are as follows:—Public debt and property; trade and commerce; taxation (any system) and the borrowing of money on the public credit; the postal service; the census and statistics; militia, military and naval service and defence; the fixing of salaries for government officers; lighthouses and coast service; navigation and shipping; fisheries; quarantine; currency and banking; weights and measures; interest; legal tender; bankruptcy, and the general financial and commercial system; patents and copyrights; Indians and reserves for Indians; naturalization; marriage and divorce; the criminal law and penitentiaries; the territories not within the boundaries of any province and the establishment of new provinces.

The matters put under the control of the provinces are:—The amendment of the provincial constitutions (except as to the lieutenant-governor); direct taxation and borrowing of money on the provincial credit for provincial purposes; provincial officials; management and sale of provincial public lands and forests; regulation of asylums, hospitals, charities, reformatories and jails; municipal institutions; shop, tavern and other licences; solemnization of marriage; property and civil rights; constitution and maintenance of provincial courts of civil and criminal jurisdiction; the appointment of magistrates and justices of the peace; education, with certain exceptions as to the separate schools of religious minorities; and local works and matters of a merely private nature in a province.

With regard to immigration and agriculture, both Dominion and provincial parliaments may legislate, but in case of conflicting legislation the Dominion Act overrules the provincial. The Governor-in-Council of the Dominion may disallow an Act of a provincial parliament, within one year of its passing, and the Imperial government in like manner may disallow an Act passed by the Dominion parliament within two years after its receipt by the Secretary of State for the Colonies; but the power of disallowance is used very rarely. If an Act passed by the Dominion or a provincial parliament exceeds, as sometimes happens, the powers given under the British North America Act, the courts may declare it ultra vires—that is, “beyond the powers” of the legislature which enacted it. The provinces may neither organize nor maintain a provincial military force; and here again the constitution of Canada differs from that of the United States, under which each State may have a military force.

The revenue of the Dominion is obtained from taxation (largely in the form of duties on imported goods), “from receipts from the sales of the crown lands, from the post office, from railways, canals and other sources.” Upon their entrance into confederation each of the provinces resigned its right to levy indirect taxes; and in place of this each province receives a subsidy from the Dominion.

The Dominion at the time of Confederation took over the public debts of the several provinces; and further debts have been incurred in the building of canals, railways, and other public works. To set against these the Dominion possesses immensely valuable assets in her millions of acres of ungranted lands and in her state-owned railways, canals, and public buildings for various purposes.

Since Confederation the provinces have also incurred public debts, largely in constructing works to improve communication, and in the erection of public buildings.

The capital of the Dominion is the city of Ottawa, beautifully situated on the right bank, or Ontario side, of the Ottawa river, which forms a considerable part of the boundary between the provinces of Quebec and Ontario.

Ottawa was founded by a gallant English officer, Colonel John By, after whom the original little village built at the point where the Rideau river falls into the Ottawa, was called Bytown. The name—quaintly suggestive of the Pilgrim’s Progress—would not have been as euphonious a title for the metropolis of the Dominion as is Ottawa; but one cannot help regretting that this tribute to By should have been swept from the map, for he certainly deserves remembrance. He came to Canada in 1802, when he had just reached manhood, and was stationed for nine years in the picturesque old capital of Quebec. He was recalled to serve in the Peninsular war, but in the spring of 1826 received orders to go again to Canada to superintend the construction of the Rideau canal. The experiences of the war of 1812 had made the authorities desirous to open another route for the transportation of troops and supplies to the upper country than that by the St. Lawrence, which was much at the mercy of the Americans, and so it was decided to construct a system of canals and dams and locks to connect and improve the natural waterways and give communication between the Ottawa river and Kingston on Lake Ontario.

The task was a difficult one. The country was then scarcely inhabited, and the work had to be carried through tracts of swamp and morass, where the surveyors and workmen frequently contracted fever and ague; but By refused to be discouraged. For six years his stalwart, soldierly figure, often mounted on a coal-black charger, was a familiar sight in the mushroom village which sprang up on the southern bank of the Ottawa or Grand river.

Besides civilian workmen, he had at his command a company of sappers and miners, a fact recalled to-day by the name of the “Sappers’ Bridge” at Ottawa; and traditions still linger of his perseverance, his determination to accept no scamped work, and his kindness of heart. One all but completed dam went down before an ice-jam, and a new bridge was swept away by a spring flood; but the indomitable colonel took these disasters merely as a challenge to build more strongly, and at last the whole waterway, one hundred and twenty-six miles in length, with its twenty-four dams and its forty-seven locks, was open for navigation.

In the same year the colonel was called home, not to receive praise and honour for his achievement, but to serve, it has been said, as “a scapegoat” for the government, which had been attacked for spending public moneys without the authority of parliament. The blow was crushing, and falling into “low spirits,” the gallant gentleman could no longer triumph over misfortunes, but died a few months later in his fifty-third year.

But Bytown prospered. Till the St. Lawrence canals were completed the whole trade between Upper and Lower Canada passed through the rough little village, and to visitors it seemed that Bytown folk were too busy to pave their streets or to think of gardens or flowers. The Upper and Lower towns on either side of the hill, then crowned by the barracks, now by the parliament buildings, were separate villages. Then, as now, it was a great lumbering centre, and there were wild doings when gangs of lumber-jacks came down from the woods for business or pleasure. Whiskey was deplorably cheap, and the woodsmen often fought savagely amongst themselves, or with the Irish “shiners” who rafted the lumber down the river; and sometimes they made “felonious assault” on unoffending citizens. But despite the rude accompaniments of the lumber trade, it was building up Bytown, which was incorporated as a town with six thousand inhabitants fifteen years after the completion of the Rideau canal. Eight years later it became a city, and changed its name to Ottawa.

In the fifties, there was an inconvenient arrangement, by which the cities of Toronto and Quebec served alternately for four years each as capital of Upper and Lower Canada (then united), but in 1857 Queen Victoria was asked to name a permanent capital. On account of its central position with regard to the two provinces, its distance from the international boundary line; and above all, perhaps, because of descriptions which she had heard of the striking beauty of its site, Her Majesty made choice of Ottawa. The erection of the beautiful parliament buildings was soon afterwards begun, and at Confederation the city became the capital of the Dominion, whilst the rank of provincial capital was restored to the larger city of Toronto.

Ottawa, with its suburbs, now has about one hundred and twenty-five thousand people and its chief interests are still lumber and legislation. A little army of its breadwinners finds employment, in some capacity or other, in connection with the business of government. Each of the departments of state has, of course, a large staff, from experts of various descriptions down to clerks and office boys.

The official residence of the Governor-General is Rideau Hall. This long, low, rambling erection is hardly picturesque, though it is decidedly old-fashioned. It stands in pleasant grounds, and its nucleus, “the Castle,” as it was called, was built in 1838, by a Scottish member of parliament, named McKay. The original house had a score of rooms, but the present-day Hall has over a hundred, which have been added from time to time to suit the convenience of its noble occupants. For instance, the great ballroom dates from Lord Dufferin’s time; while the racquet court was built by the Marquis of Lorne, a studio by the artistic Marchioness, and the chapel by the Earl of Aberdeen.

Other places at Ottawa of national interest, either for what they are or for what they may become, are its museums, its National Art Gallery, its Royal Mint and the Archives Building, which houses a collection of extremely valuable historical documents.