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John A. Macdonald on the Federal System
These portions of Macdonald's speech during the Confederation debates are exceptionally important in that they give us the clearest picture of the motives underlying our federal system as outlined in the British North America Act.
...Now, as regards the comparative advantages of a Legislative and a Federal Union, I have never hesitated to state my own opinions. I have again and again stated in the House, that, if practicable, I thought a Legislative Union would be preferable. (Hear, hear.) I have always contended that if we could agree to have one government and one
parliament, legislating for the whole of these peoples, it would be the best, the
cheapest, the most vigorous, and the strongest system of government we could adopt.
(Hear, hear.) But, on looking at the subject in the Conference, and discussing the
matter as we did, most unreservedly, and with a desire to arrive at a satisfactory
conclusion, we found that such a system was impracticable. In the first place, it would
not meet the assent of the people of Lower Canada, because they felt that in their
peculiar position -- being in a minority, with a different language, nationality and religion
from the majority, -- in case of a junction with the other provinces, their institutions and
their laws might be assailed, and their ancestral associations, on which they prided
themselves, attacked and prejudiced; it was found that any proposition which involved
the absorption of the individuality of Lower Canada -- if I may use the expression--
would not be received with favour by her people. We found too, that though their people
speak the same language and enjoy the same system of law as the people of Upper
Canada, a system founded on the common law of England, there was as great a
disinclination on the part of the various Maritime Provinces to lose their individuality, as
separate political organizations, as we observed in the case of Lower Canada herself.
(Hear, hear). Therefore, we were forced to the conclusion that we must either abandon
the idea of Union altogether, or devise a system of union in which the separate
provincial organizations would be in some degree preserved....
...The Conference having come to the conclusion that a legislative union, pure and
simple, was impracticable, our next attempt was to form a government upon federal
principles, which would give to the General Government the strength of a legislative
and administrative union, while at the same time it preserved that liberty of action for
the different sections which is allowed by a Federal Union. And I am strong in the
belief -- that we have hit upon the happy medium in those resolutions, and that we
have formed a scheme of government which unites the advantages of both, giving us
the strength of a legislative union and the sectional freedom of a federal union, with
protection to local interests. In doing so we had the advantage of the experience of the
United States....
We can now take advantage of the experience of the last seventy-eight years, during
which that Constitution has existed, and I am strongly of the belief that we have, in a
great measure, avoided in this system which we propose for the adoption of the people
of Canada, the defects which time and events have shown to exist in the American
Constitution....
Ever since the union was formed the difficulty of what is called "State Rights" has
existed, and this had much to do in bringing on the present unhappy war in the United
States. They commenced, in fact, at the wrong end. They declared by their
Constitution that each state was a sovereignty in itself, and that all the powers incident
to a sovereignty belonged to each state, except those powers which, by the
Constitution, were conferred upon the General Government and Congress. Here we
have adopted a different system. We have strengthened the General Government. We
have given the General Legislature all the great subjects of legislation. We have
conferred on them, not only specifically and in detail, all the powers which are incident
to sovereignty, but we have expressly declared that all subjects of general interest not
distinctly and exclusively conferred upon the local governments and local legislatures,
shall be conferred upon the General Government and Legislature. -- We have thus
avoided that great source of weakness which has been the cause of the disruption of
the United States. We have avoided all conflict of jurisdiction and authority, and if this
Constitution is carried out,...we will have in fact, as I said before, all the advantages of
a legislative union under one administration, with, at the same time, the guarantees for
local institutions and for local laws, which are insisted upon by so many in the
provinces now, I hope, to be united....
...any honourable member on examining the list of different subjects which are to be
assigned to the General and Local Legislatures respectively, will see that all the great
questions which affect the general interests of the Confederacy as a whole, are
confided to the Federal parliament, while the local interests and local laws of each
section are preserved intact, and entrusted to the care of the local bodies. As a matter
of course, the General Parliament must have the power of dealing with the public debt
and property of the Confederation. Of course, too, it must have the regulation of trade
and commerce, of customs and excise. The Federal Parliament must have the
sovereign power of raising money from such sources and by such means as the
representatives of the people will allow. It will be seen that the local legislatures have
the control of all local works; and it is a matter of great importance, and one of the
chief advantages of the Federal Union and of local legislatures, that each province will
have the power and means of developing its own resources and aiding its own progress
after its own fashion and in its own way. Therefore all the local improvements, all local
enterprises or undertakings of any kind, have been left to the care and management of
the local legislatures of each province. (Cheers.)....
...With respect to the local governments, it is provided that each shall be governed by
a chief executive officer, who shall be nominated by the General Government. As this
is to be one united province, with the local governments and legislatures subordinate to
the General Government and Legislature, it is obvious that the chief executive officer in
each of the provinces must be subordinate as well. The General Government assumes
towards the local governments precisely the same position as the Imperial Government
holds with respect to each of the colonies now; so that as the Lieutenant Governor of
each of the different provinces is now appointed directly by the Queen, and is directly
responsible, and reports directly to Her, so will the executives of the local governments
hereafter be subordinate to the Representative of the Queen, and be responsible and
report to him....
...In conclusion, I would again implore the House not to let this opportunity pass. It is
an opportunity that may never recur. At the risk of repeating myself, I would say, it was
only by a happy concurrence of circumstances, that we were enabled to bring this
great question to its present position. If we do not take advantage of the time, if we
show ourselves unequal to the occasion, it may never return, and we shall hereafter
bitterly and unavailingly regret having failed to embrace the happy opportunity now
offered of founding a great nation under the fostering care of Great Britain, and our
Sovereign Lady, Queen Victoria. (Loud cheers, amidst which the honourable
gentleman resumed his seat).
Source: Parliamentary debates on the subject of the confederation of the British
North American provinces, 3rd session, 8th Provincial Parliament of Canada. - Quebec: Hunter, Rose & Co., Parliamentary Printers. 1865. pp. 29-45.
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