What was McGee's position? He was in the ranks of the Opposition,
but his views on the momentous question of the time did not entirely
square with those of Brown and the Upper Canadian Reformers. He
admitted the justice of the claim that numbers should be the basis of
representation. "Property should have its weight, intelligence
should have its weight, but any man who, on this continent and in
this age of the world, did not believe that numbers should be the
basis, was as little to be reasoned with as a man who believed in the
philosopher's stone." Yet he did not think that a change in the
basis of representation would constitute a permanent solution of the
difficulties of Canadian government. In October, 1859, he, Dorion,
and two other members of the Lower Canadian opposition, L. T.
Drummond and L. A. Dessaulles, explored carefully the constitutional
problem, and drew up an able report, which has considerable
significance in the light of later events. They examined in turn the
various suggestions made to relieve the constitutional conflict:
repeal of the union, representation by population, the double
majority. Repeal of the union was practically impossible. The
provinces had so many things in common as to make it imperative that
they remain under the same roof. Representation by population, they
summarily rejected on the ground that it would still leave room for
bitter conflict between the representatives of the respective
provinces over the justice of particular legislation. They similarly
rejected the double majority, whereby no measure should be considered
as carried until it had not merely a majority of the legislature as a
whole, but also a majority of members from the section of the country
which it affected. They considered that the double majority would
give rise to confusions, not least of which would be the difficulty
of distinguishing between the cases where it should and should not
apply. Moreover, the remedy would be worse than the disease, because
it would leave in the chamber two majorities and two minorities.
The true statesmanlike solution in their estimation would be the
substitution of a purely federal for the existing legislative union.
The federal government should have powers defined to such subjects as
were common to the two provinces, leaving supreme jurisdiction in all
other matters to the provincial legislatures. The committee even
went into some of the details of their suggested system, making it
clear throughout that the pervading idea of the new constitution
should be the delegation of powers from the province to the federal
government. Everything relating to local affairs, such as education,
administration of justice, and militia should be under provincial
jurisdiction.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account