N o t e s
This is Lord Monck's.(who
was he?).letter
to the Rt. Hon. Edward Cardwell, M.P. in charge of Britain's Colonial Department,
the eventual author of the British North America Act.
Here he was
giving his opinion of observations of the Canadians' talk about wanting
their own federal government.
Britain was
not about to let Canada go a few years later when Britain came out with
the BNA Act.
As this letter
shows, Canadians just did not qualify.then.for
a confederation. They do now!
.
Government House
Quebec
November 7 - 1864
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"Sir, In another dispatch
of this date I have had the honor of transmitting to you the resolutions
adopted by the representatives of the different.colonies.of
British North America (showing
that the Provinces and all North American British possessions were regarded
as Colonies).at
their late meeting
at Quebec.in
reference to the proposed.Union.of.those
Provinces.('Provinces'.
–.a
term understood as being synonymous with 'Colonies'.(*),
which showed that creation of a federal union of all Provinces {Colonies}
was desired by our forefathers way back then {always
was}, but the legal opportunity for this remained unobtainable until
1931 under the Statute of Westminster).
I
propose in this dispatch to lay before you some observations
of my own on the proposed scheme which I think it would be judicious for
the present at least, to treat as confidential. ...
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"I must in the first place
express my regret that the
term "confederation" was ever used in connection with the proposed
Union
of the British North American Provinces both because I think it an entire
misapplication of the term and still more because I think the word is calculated
to give a false notion of the ...
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... "sort of union which
is desired.(the
Canadians. wanted.an
autonomous
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legislature;.what
they got) I might almost
say which is possible, between the provinces.
"A.Confederation
or Federal Union as I understand it, means a union of Independent Communities
bound together for certain defined purposes by a
treaty or agreement entered
into in their quality of sovereign states, by which they give up to
the central or federal authority for those purposes a certain portion of
their sovereign rights retaining all other powers not expressly delegated
in as ample a manner as if the Federation had never been formed..(as
the United States and others have done better)....
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...."If
this be a fair definition of the term Federation and I think it is applicable
to all those Federal Unions of which history gives us examples,
it is
plain that a Union of this sort could not take place between the
provinces of British North America, because they do not possess
the qualities which are essential to the basis of such a union. (because
at this time they were not sovereign
and didn't become that way till the Statute
of Westminster, December 11, 1931)....
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....''They
are in no sense sovereign or independent communities.
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"They.possess
no constitutional rights. except
those which are expressly conferred upon them by an Imperial Act of Parliament
and the power of making treaties of any sort between themselves is.not
one of those rights.....
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....''The
only manner in which a Union between them could be effected would be by
means of an act of the Imperial Parliament which would accurately define
the nature of the connection, and the extent of the respective powers of
the central and local authorities, should any sort of union short of an
absolute Legislative
Consolidation be decided on..(the
BNA Act was just that)....
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....''The
Sovereignty would still reside in the British Crown and Imperial Legislature,
and in the event of any collision of authority between central and local
bodies there would be the power of appeal to the
supreme tribunal from which all the colonial franchises were originally
derived and which would possess the right....
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...."to
receive the appeal, the authority to decide, and the power to enforce the
decision.....
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...."I
dwell particularly on their view of the matter because although I think
I have shown that
a Federal Union, properly so-called.(meaning
here a confederation.
England ended up using
the word 'union' when they completed their BNA Act because of
what they made that word mean; they did not make it mean a 'confederation',
because of the connotation
it would have),.is
impossible in these Provinces. under
their present conditions, yet is the scheme
which has been agreed upon embodies the principles of a general government
for the general purposes, the
United Province, and local bodies in the management of such affairs
as may be considered local in their character. I think it is of importance
to show and I think the considerations which I have placed before you prove
that.".(in
this last paragraph Lord Monck was assuring those in England that Canadians
'weren't really' trying to get out from under Britain's control {but they
actually were})
End of Lord
Monck's letter to Cardwell, which was extracted from a dispatch of 32 pages,
these being pages 11 to 16.
Lord Monck appears in this letter to assume that his plan will form the
groundwork for the.
Union.of
the Provinces (not the confederation of the Provinces that Canadians wanted)
which was true and eventually culminated
in the BNA Act..
The Provinces wanted say in those things political which were affecting
them. This led to Britain's BNA Act by which certain
division of powers did take place, but with Britain still having all
the control and final say.
Also, on September
25, 1866 Lord Monck, in
his second dispatch, wrote to the Right Honorable Earl of Carnarvan
(successor to Cardwell)
-Lord Monck
grants
title of "Sir" to John A. Macdonald. |
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