The Fathers of Confederation: A Chronicle of the Birth of the DominionColquhoun, A. H. U. (Arthur Hugh Urquhart)
History
The Fathers of Confederation: A Chronicle of the Birth of the Dominion
Colquhoun, A. H. U. (Arthur Hugh Urquhart)
Canada -- History -- 1841-1867
The constitution which the founders of the Dominion devised was the
first of its kind on a great scale within the Empire. No English
precedents therefore existed. Yet their chief aim was to preserve the
connection with Great Britain, and to perpetuate in North America the
institutions and principles which the mother of parliaments, during her
splendid history, had bequeathed to the world. The Fathers could look
to Switzerland, to New Zealand, to the American Republic, and to those
experiments and proposals in ancient or modern times which seemed to
present features to imitate or examples to avoid.[1] But they were
guided, perforce, by the special conditions with which they had to
deal. If they had been free to make a perfect contribution to the
science of government, the constitution might have been {66} different.
It is, of course, true of all existing federations that they were
determined largely by the relations and circumstances of the combining
states. This is illustrated by comparing the Canadian constitution
with those of the two most notable unions which followed. Unlike
Canada, Australia preferred to leave the residue of powers to the
individual states, while South Africa adopted a legislative instead of
a federal union. For Canada, a legislative union was impracticable.
This was due partly to the racial solidarity of the French, but even
more largely to the fully developed individualism of each province. It
is to the glory of the Fathers of Confederation that the constitution,
mainly constructed by themselves as the product of their own experience
and reflection, has lasted without substantial change for nearly half a
century. They were forced to deal with conditions which they had not
created, yet could not ignore--conditions which had long perplexed both
Imperial and colonial statesmen, and had rendered government
ineffective if not impossible. They found the remedy; and the result
is seen in the powerful and thriving nationality which their labours
evolved.
To set up a strong central government was {67} the desire of many of
the delegates. Macdonald, as has been recorded already, had contended
for this in 1861. He argued to the same effect at the conference. The
Civil War in the United States, just concluded, had revealed in
startling fashion the dangers arising from an exaggerated state
sovereignty. 'We must,' he said, 'reverse this process by
strengthening the general government and conferring on the provincial
bodies only such powers as may be required for local purposes.' When
Chandler of New Brunswick perceived with acuteness that in effect this
would mean legislative union, Macdonald, as we gather from the
fragmentary notes of his speech, made an impassioned appeal for a
carefully defined central authority.
Public-domain text, read in full here on John Shaqi.
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