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FRUITFUL LEGISLATION.

CONFEDERATION.

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triumphantly through the session, and were enabled to pass a large number of useful measures, amongst them an admirable Jury Bill, a just Assessment Bill, a Division Court Bill, an Election Law. They dealt with the extension of Municipal Institutions, University Reform, Post Office Reform, the Court of Chancery. They passed resolutions respecting the Clergy Reserves, a Public Road Act, a Railways' Assistance Act, a School Fund Act. Banking and Medical incorporation, the promotion of the exchange of products between the Provinces of British North America, and fifty other important matters had received fruitful attention.

Something like Confederation had early hovered before men's minds, and an Irishman, Mr. Stephens had advocated it in a letter to Lord Durham in 1839. A league was formed called the British American League, by the Hon. George Moffatt, Thomas Wilson, the Hon. George Crawford (Irish), the Hon. Asa A. Burnham, John W. Gamble (Irish), Mr. Aikman, Ogle R. Gowan (Irish), John Duggan (Irish), the Hon. Col. Frazer, George Benjamin, the Hon. P. M. Vankoughnet, and to use the words of the Hon. George Brown, "last, though not least," the Hon. John A. Macdonald, for the purpose of framing a constitution which should embrace a union of the British North American Provinces on mutually advantageous and fairly arranged terms, with the concession from the Mother Country of enlarged powers of self-government. The question was kept before the public in 1850, and its promoters were stigmatized by the Baldwin press as constitution mongers.

*

Bowes was elected mayor for 1851. Parliament met in May, and the debate on the address was concluded in one evening. The most notable thing, during the session, was the retiriement of Baldwin from the Ministry. W. Lyon Mackenzie had been returned for Haldimand, and he proposed a resolution to do away with the Court of Chancery. On this resolution being carried, by a majority of the Upper Canada members, Baldwin, true to the principle of a double majority, resigned. Nor could anything

party than heretofore, would reunite the constitutional portion of the party more heartily than ever and carry it triumphantly through the election of 1851, we feel perfectly confident."

* Debates on Confederation, p. 111.

move him from his resolve, not though members who had voted with Mackenzie assured him that they would have voted with him if they had known beforehand the result of their action would be so serious, not though they protested if the question was brought up again they would be guided by him. He was Attorney-General when Mr. Blake's Chancery Bill was passed. Scarcely two years had since elapsed, and nearly all the members of the profession were prepared to do away with the Court. Baldwin said he had no other course but to resign. He bade farewell to his colleagues. He was deeply affected, and at one time was overcome with emotion. Hincks wished to resign with him, but he urged him not to do so.

In July, 1851, the defection of the Globe from the Reform party, as it now existed, was complete. Hincks was accused of having thrown Baldwin over, whereupon Baldwin wrote him a letter saying such was not a fact, and that he had remained in office at his suggestion.*

With the retirement of Baldwin from the Ministry, what may, in a work of this kind be called the Irish period began to decline. He found the country agitated, ill at ease, uncertain as to its future; he left it prosperous, contented, and ready to apply its energies to the development of material prosperity. He was beaten in North York at the ensuing election. There was no ground for supposing that a man who voted for Price's resolution would have objected to a settlement of the Clergy Reserves, and though he might have preferred to have the Reserves devoted to their original purpose, it is evident from his speeches and votes in 1550 and 1851, that he would have been prepared to apply them to educational purposes.† There can be no doubt, however, that he was too Conservative for the Reform party at this time. New questions were coming up in which he took no interest. But a reform constituency should have hesitated long before they turned away the faithful servant who had done so much for them and the country. His defeat combined with subsequent ingratitude, prob

* See the Letter of Baldwin, 20th Dec., 1851.

+ Both in 1850 and 1851, Baldwin voted for Price's resolutions. MacMullen therefore conveys a false impression in his "History," page 514.

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ably hastened his death, which took place in 1858. He stands boldly out in our history, the purest of our statesmen, the father of our Constitution.

The session closed on the 30th August. Lord Elgin was able to congratulate the House and the country on the work which had been done, the grants which had been made for the erection of lighthouses, and for improving the navigation of the St. Lawrence. The reduction of the immigrant tax, the favourable state of the revenue, the encouragement of railway enterprise, the creditable appearance made by Canada at the Crystal Palace Exhibition, the quieter condition of the public mind, were proper subjects for thankfulness, as was Canada's increased prosperity which began to attract the attention of the outside world. Several countries expressed their desire to add to the volume of their commerce on the St. Lawrence. A large traffic had sprung up with the United States.

The "Clear Grit" element began to make itself felt. Lafontaine retired, whereupon, Lord Elgin sent for Hincks, who was entirely successful in forming a new Government. Dr. Rolph and Malcolm Cameron were both taken into the Cabinet. Malcolm Cameron became President of the Council. He had proposed to abolish this office. His inconsistency was dwelt on in every key from ridicule to invective.

The general election, which followed the reconstruction of the Cabinet, introduced some new blood into Parliament, and gave a majority to the Government. Mr. Joseph Hartman replaced Robert Baldwin, and William Lyon Mackenzie, who had, in 1859, returned to Canada, and had early found a seat, beat Mr. George Brown in Haldimand.

A passion for developing the country now seized on the public mind, and this was aided by the influx of emigrants from Ireland and elsewhere. Emigration and famine had reduced the population of Ireland from 8,176,124 in 1841, to 6,575,793 in 1851. Nevertheless, in this year 275,000 Irishmen turned their backs on Ireland, and a large proportion of these found their way to Canada.

Early in the summer, an Irishman, Mr. J. W. Gwynne, pressed his railway scheme, the Toronto and Goderich Railway, on the attention of the public. In 1847, a dozen gentlemen, at the instance

of Mr. Gwynne, had formed themselves into a company to make a railroad from Toronto to Goderich. Mr. Gwynne had also taken an interest in other railway schemes, and he deserves to be placed in the foremost ranks of our railway pioneers, though his suggestions ultimately helped the builders of the Grand Trunk more than himself. Among those who supported him was George Herrick. As any one turning over the files of those days will see, he spent much time and money in seeking to supply the needed railways for the Province; but he was not in Parliament, and he was too upright to resort to the arts of lobbying. While such material issues were under discussion, the public mind was arrested, as it has been lately, by a great conflagration. A large part of Montreal was laid waste by fire.

The seat of Government had been removed to Quebec, where Parliament met on the 16th August. The late Sandfield Macdonald was chosen Speaker of the Legislative Assembly. The Governor-General in his opening speech struck the knell of the system of Seignorial tenure, though that question was not immediately settled. The speech dwelt on the expediency of having a line of steamers from Canada to England, the alteration of the currency on a decimal basis, and the propriety of increasing the Parliamentary representation.

Mr. Hincks introduced and passed a series of resolutions respecting the Clergy Reserves, pledging the Assembly to a settlement of the question in a liberal direction. He informed the House that he had reason to believe that the Imperial Parliament would soon pass a measure giving the Canadian Legislature power to deal finally with the Reserves. An address was passed, praying the Home Government to make no concessions to the Americans in the fishery dispute unless they conceded reciprocity. Mr. Hincks was inclined to retaliate on the narrow policy of the United States, by adopting differential duties in favour of British commerce, and by closing the canals to the American marine. Free Trade was at this time near its complete sway over English opinion, and the proposal of the Ministry was so unpopular in Canada, that it had to be abandoned. Nevertheless, it is hard to see why Canada should not have retaliated, especially at a time when all that was to be considered was the interest of the two

LEGISLATIVE ENERGY OF HINCKS' GOVERNMENT.

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Provinces. The remarkable feature of the Session was its railway legislation. Fifteen bills were placed on the Statute Book, which included the Act relating to the Grand Trunk Railway. Mr. Hincks also passed an Act enabling municipalities to borrow money on the credit of the Province for local improvements, railways, bridges, and macadamized roads, and the like: an Act which had an incalculable influence in developing the country, but which undoubtedly led to much extravagance. The legislation of 1852, greatly increased the liabilities of the two Provinces, and led to the annual deficit of succeeding years. The whole debt of Canada at the close of 1852, was $22,355, 413; the revenne, $3,976,706; the expenditure, $3,059,081. This prosperous state of things raised the credit of the country, and Canadian six per cents began to be quoted at sixteen per cent premium on the London Stock Exchange. On the 10th of November, the Legislature adjourned until the 14th of February, 1853. The sleepless energy of Mr. Francis Hincks' Government is attested by the fact that ere the Parliament adjourned, the Governor assented to one hundred and ninety-three Bills, of which twenty-eight reflected the railway mania of the hour. The Parliamentary Representation Act raised the number of members in the Assembly to a figure more in accordance with the progress the country had made since Lord Sydenham's time. The constituencies were redistributed, and the representation increased from eighty-four to one hundred and thirty-sixty-five for Upper and sixty-five for Lower Canada. After the termination of the sitting Parliament, Toronto would return two members instead of one; Montreal and Quebec three members each; some of the smaller towns had townships attached to them for the purpose of representation; nor was Parliament less busy in the spring. When the House rose in June, Lord Elgin was able to dwell on a Municipal Act; a School Act; an Act to regulate the practice of the Superior Courts; with many other useful measures. Meanwhile, the Imperial Parliament had empowered the Canadian Legislature to deal with the Clergy Reserves as they might think fit, saving only existing interests and annual stipends of clergy during the lives of the incumbents.

The last days of the session passed away amid the excitement caused by Father Gavazzi's lectures in Quebec. There was a riot.

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