Scarcely had the colony of British Columbia been fully
organized, as described in the last chapter, when an agitation was set on
foot for representative government and union with the colony of Vancouver
Island. With the limited population and the contiguity of the two colonies
it was the most natural thing in the world that union should be suggested.
There was dual governorship, a dual set of officials, a dual system of
fiscal arrangements, and a dual administration of justice. It was obvious
that by consolidation a large item of expense might be saved. There were
difficulties in the way of even so simple a solution—personal interests and
sectional considerations.
Early in 1861 a memorial was presented to Governor
Douglas from residents of several parts of the Mainland asking for a
representative Assembly for the colony of British Columbia. This was
inevitable. The colony was ruled directly by representatives of the Crown,
nominally by the sovereign, through a responsible minister, the Secretary
for the Colonies, who' conveyed his instructions to the British Columbia
officials. These were carried into effect under the supervision of the
Governor. Vancouver Island, a much smaller colony and less important from
many points of view, had a legislative assembly, and it cannot be wondered
at that the residents of British Columbia should seek for similar
consideration. Sir James Douglas did not favor, this. There were several
reasons which suggested opposition on his part. His experience so far as the
more favored colony of Vancouver Island was concerned did not argue for its
usefulness in his mind. The Assembly there was largely the creature of his
will, and of his successors, Governors Kennedy and Seymour, neither regarded
it as of particular importance. The former in a dispatch said: "There is no
medium or connecting link between the Governor and the Assembly, and the
time of the Legislative Council (which comprises the principal
executive officers) is mainly occupied in the correction of mistakes, or
undoing the crude legislation of the lower House, who have not, and cannot
be expected to have, the practical experience or available time necessary
for the successful conduct of public affairs. On financial subjects they are
always greatly at fault." Governor Seymour in a dispatch on the same subject
remarked: "The loss of the House of Assembly would not, I think, be much
regretted." That Governor Douglas, whose nature was to rule with a-lone
hand, should not have a high opinion of that Assembly is not to be wondered
at. There was, again, the personal reason that he did not desire to share
with any legislative or representative body the responsibilities of
government. A man who had been chief factor in the Hudson's Bay Company, an
aggregation of autocrats, with a long experience of supreme authority, could
not adapt himself to the limitations to be imposed by what he could not but
regard as inferior officials. He had been reared in the kind of school that
did not brook contradiction. But there was still another reason, and we must
do justice to Sir James in supposing that it had due weight with him. In
fact, there were a number of reasons. He was a man of practical ideas. His
experience in the government of men and in affairs had taught him useful
lessons, and one of them was that a wise autocracy is better than rule by
democracy. He cared little for theories of government. He believed in direct
methods and undivided responsibility. Apart from that there were peculiar
circumstances in British Columbia that rendered the system of government in
vogue in England as the result of centuries of development inapplicable to a
new country with unstable and unsettled conditions. These reasons he set out
ably and clearly in a dispatch to the Secretary of State, dated April 22nd,
1861. After enumerating the steps which had been taken to lay before him the
views of the delegation, which had waited upon him, he pointed out that what
they had in mind was a general reduction of taxation, and that instead of a
system of import and inland duties levied on goods, which were regarded as
oppressive, they proposed to carry on the public works necessary for the
development of the country by means of public loans, their object being to
throw a portion of the burden upon posterity, something which he regarded,
as indeed, not without a measure of justice in it, and consequently with
many zealous advocates. It may be remarked incidentally that the
memorialists were certainly not antiquated in their ideas of public finance
and really anticipated a policy that became only too popular in later years,
and was carried to such an extreme as to shift an inordinate share of burden
on future generations, and to seriously impair the credit of the province.
In proceeding to review the various subjects brought to his attention, he
remarked:
Douglas's Views on a Legislature for British Columbia.
"The first prayer of the inhabitants is for a resident
governor in British Columbia, entirely unconnected with Vancouver Island.
Your Grace, will perhaps, pardon me from hazarding an opinion on a subject
which so nearly concerns my own official position. I may, however, at least
remark that I have spared no exertion to promote the interests of both
colonies, and am not conscious of having neglected any opportunity of adding
to their prosperity. The memorial then proceeds to the subject of
Representative Institutions, asking for a form of government similar to that
existing in Australia and the Eastern British North American Provinces. This
application should, perhaps, be considered to apply more to the future
well-being of the colony than to the views and wishes of the existing
population. Without pretending to question the talent or experience of the
petitioners, or their capacity for legislation and self-government, I am
decidedly of opinion that there is not, as yet, a sufficient basis of
population or property in the colony to institute a sound system of
self-government. The British element is small, and there is absolutely
neither a manufacturing nor farmer class; there are no landed proprietors,
except holders of building lots in towns; no producers, except miners, and
the general population is essentially migratory—the only fixed population,
apart from New Westminster, being the traders settled in the several inland
towns, from which the miners obtain their supplies. It would, I conceive, be
unwise to commit the work of legislation to persons so situated, having
nothing at stake, and no real vested interest in the colony. Such a course,
it is hardly unfair to say, could be scarcely expected to promote either the
happiness of the people or the prosperity of the colony; and it would
unquestionably be setting up a power that might materially hinder and
embarrass the Government in the great work of developing the resources of
this country; a power not representing large bodies of landed proprietors,
nor of responsible settlers having their homes, their property, their
sympathies, their dearest interest irrevocably identified with the country;
but from the fact before stated, of there being no fixed population, except
in the towns. Judging from the ordinary motives which influence men, it may
be assumed that local interests would weigh more with a legislature so
formed, than the advancement of the great and permanent interests of the
country.
"I have reason to believe that the memorial does not
express the sentiments of the great body of the people of British Columbia,
not that I would, for a moment, assume that Englishmen are, under any
circumstances, unmindful of their political birthright, but I believe that
the majority of the working and reflective classes would, for many reasons,
infinitely prefer the government of the Queen, as now established, to the
rule of a party, and would think it prudent to postpone the establishment of
representative institutions until the permanent population of the country is
greatly increased and capable of moral influence, by maintaining the peace
of the country, and making representative institutions a blessing and a
reality, and not a byword or a curse.
"The total population of British Columbia and from the
colonies in North America, in the three towns supposed to be represented by
the memorialists, is as follows: New Westminster, 164 male adults; Hope, 108
adults; Douglas, 33 adults, in all 305, which, supposing all perfect in
their views respecting representative institutions, is a mere fraction of
the population. Neither the people of Yale, Lytton or Cayoosh, Rock Creek,
Alexandria, or Similkameen appear to have taken any interest in the
proceeding or to have joined the movement.
"From the satisfactory working of the New Westminster
Council, established last summer, with large powers for municipal purposes,
I entertained the idea of enlarging the sphere of their operations, and of
constituting similar bodies at Hope, Yale, and Cayoosh, and all the other
towns in British Columbia, with the view, should it meet with the approval
of Her Majesty's Government, of ultimately developing the whole system into
a House of Assembly. Part of the system has already been commenced at Yale
and Hope. The Government may, by that means, call into exercise the sagacity
and knowledge of practical men, and acquire valuable information upon local
matters, thus reaping one of the advantages of a legislative assembly
without the risks—and, I still think the colony may, for some time to come,
be sufficiently represented in that manner.
"The existing causes of dissatisfaction as alleged in the
memorial, may be classified under the following heads: (1) That the
Governor, Colonial Secretary and Attorney General do not reside permanently
in British Columbia. (2) That the taxes on goods are excessive as compared
with the population, and in part levied on boatmen, who derive no benefit
from them, and that there is no land tax. (3) That the progress of Victoria
is stimulated at the expense of British Columbia, and that no encouragement
is given to shipbuilding or to the foreign trade of the colony. (4) That
money has been injudiciously squandered on public works and contracts given
without any public notice, which subsequently have been sub-let to the
contractors at a much lower rate. (5) That faulty administration has been
made of public lands, and that lands have been declared public reserves,
which have been afterwards claimed by parties connected with the Colonial
Government. (6) The want of a registry office, for the record of transfers
and mortgages. " The first complaint, that the Governor, etc., do not reside
permanently in British Columbia, scarcely requires comment from me. Your
Grace is aware that I have a divided duty to perform, and that if under the
present circumstances the Colonial Secretary and Attorney General resided
permanently in British Columbia, these offices would be little better than a
sinecure —the public service would be retarded and a real and just complaint
would exist. Although the treasury is now established at New Westminster,
and the Treasurer resides permanently there, I have no hesitation in saying
that it would be far more for the benefit of the public service if that
department were still in Victoria.
"The complaint of over-taxation is not peculiar to
British Columbia, but whether it is well founded or not may be inferred from
the example of other countries. Judging from that estimate, the people of
British Columbia have certainly no reason for complaint of their public
burdens, for the United States tariff which is vigorously enforced in the
neighboring parts of Washington Territory, averages 25 per cent on all
foreign goods—spirits and other articles of luxury excepted, on which a much
higher rate of duty is charged. The citizen of Washington Territory has also
to pay the assessed road and school taxes, levied by the Territorial
Legislature. In contrast with these taxes, the import duty levied in British
Columbia is only ten per cent, with a similar exception of spirits and a few
articles of luxury, which pay a higher duty; while all other taxes levied in
the colony are also proportionately low, compared with those of Washington
Territory. I might also further state that two-thirds of the taxes raised in
British Columbia have been expended in making roads, and other useful works,
and have produced a reduction of not less than a hundred per cent on the
cost of transport, and nearly as great a saving in the cost of all the
necessaries of life, so that while the communications are being rapidly
improved, the people are, at the same time, really reaping substantial
benefits more than compensating the outlay.
"With respect to the complaint about the boatmen, they
had no claim whatever to be exempted from the law imposing a duty
indiscriminately oni all goods passing upward from Yale, neither did the
duty bear at all upon them, as they were merely carriers, and not owners of
the goods. The real question at issue was, whether the inland duty should be
charged on goods carried from Yale by water as well as by land, and
was nothing more than a scheme concocted by the owners of the goods to
benefit themselves at the expense of the "public revenue.
"And here I would beg to correct an error in the memorial
with respect to the population of British Columbia, which is therein given
at 7,000, exclusive of Indians, making an annual average rate of taxation of
£7 10s per head. The actual population, Chinamen included, is about 10,000,
besides an Indian population exceeding 20,000, making a total of 30,000,
which reduces the taxation to £2- per head instead of the rate given in the
memorial. It must be remembered that all the white population are adults,
and tax-paying—there being no proportionate number of women or children, and
it is a great mistake to suppose that the native Indians pay no taxes. They
have, especially in the gold districts, for the most part, abandoned their
former pursuits and no longer provide their own stores of food. All the
money they make by their labor, either by hire or by gold digging, is
expended in the country, so that the Indians have now become very extensive
consumers of foreign articles. Every attention has been given to render
Fraser River safe and accessible; the channels have-been carefully surveyed
and marked with conspicuous buoys; and foreign vessels may go direct to New
Westminster, without calling at Victoria, and the port dues are the same
whether the vessels clear originally from Victoria or come directly from
foreign ports. It is impossible to imagine a more perfect equality of
legislative protection than is given to these ports.
"I have had applications, under various pretexts, from
almost every trading place in the colony for remissions of duty, and I have
steadily resisted all such applications on the ground that class legislation
is vicious and leads to injustice and discontent. It is, moreover, very
doubtful if the proposed remission of duty on shipbuilding materials would
advance that interest, as long as the timber business of New Westminster is
a monopoly in the hands of a few persons who keep timber at an unreasonably
high price.
"With respect to the fourth and fifth complaints I am not
cognizant of any circumstances affording grounds for them. I addressed a
letter to the Chief Commissioner of Lands and Works, whose department they
more immediately affected, and I forward herewith a copy of that officer's
report, from which it will be seen that no just cause exists for the
allegations made.
"The want of a registry office, which also forms a
subject of complaint, arises solely from our not having succeeded in
maturing the details of a measure, which is, I feel, replete with
difficulties of no ordinary kind, but that measure, providing for the
registration of real estate, will be passed as soon as practicable.
"Before concluding this dispatch, I shall submit a few
observations on the financial system of Vancouver Island in contrast with
that of British Columbia, explanatory of their distinctive features and
their applicability to the colonies respectively.
"The public revenue of Vancouver Island is almost derived
from taxes levied directly on persons and professions, on trades and real
estate, on the other hand, it is by means of duties and imposts, and on
goods carried inland, that the public revenue of British Columbia is chiefly
raised. No other plan has been suggested by which a public revenue could be
raised, that is so perfectly adapted to the circumstances of both colonies,
or that could be substituted or applied interchangeably with the advantage
to the sister colony. The reasons may thus be stated: The low price and
bulky productions of Vancouver Island will not bear the cost of exportation
to any British possession, and are virtually excluded from the markets of
the Mother Country] by the distance and expense of the voyage. A precisely
similar result is] produced through the almost prohibitory duties levied in
the neighboring ports of Oregon and California; the former, moreover,
abounding in all th«| products common to Vancouver Island, except coal; and
neither being inferior in point of soil, climate or any physical advantage.
Thus practically debarred from commercial intercourse and denied a market
for its produce, it became painfully evident that the colony could not
prosper, nor ever be al desirable residence for white settlers, until a
remunerative outlet was found for the produce of their labor. It was that
state of things that originated the idea of creating a home market, and the
advantageous position of Victoria suggested free trade as the means, which
was from henceforth adopted as a policy—with the object of making the port a
center of trade and population, and ultimately the commercial entrepot of
the North Pacific. That policy was initiated several years previous to the
discovery of gold in British Columbia, and has since been inflexibly
maintained. Victoria has now grown into commercial importance, and its value
and influence can hardly be overestimated. Financially, ]t furnishes
four-fifths of the public revenue,! it absorbs the whole surplus produce of
the colony, and it is a center from whence settlements are gradually
branching out into the interior of the< island. Thus Victoria has become the
center of population, the seat of trade, a prospective source of revenue,
and a general market for the country. The settlements are all compactly
situated within a radius of twenty miles, except those which are accessible
by sea; there is, therefore, no pressing call for large expenditure in the
improvement of internal communications. Roads are opened where required,
with due regard and in proportion to the means^ of the colony, its vital
interests not being greatly affected by any avoidable delay.
"The circumstances of British Columbia are materially
different from those just described. That colony has large internal
resources, which only require development to render it powerful and wealthy.
Its extensive gold fields furnish a highly remunerative export, and are
rapidly attracting trade and population. Mining has become a valuable branch
of industry, and essentially the vital interest of the colony; it hereto has
been my unceasing policy to encourage and develop that interest. The laws
are framed in the most liberal spirit, studiously relieving miners from
direct taxation, and vesting in the mining boards a general power to amend
and adapt their provisions to the special circumstances of the districts.
The Government has, moreover, charged itself with the more onerous duties in
furtherance of the same object, by opening roads through the most difficult
routes into all parts of the country, to facilitate transport and commerce,
and to enable the miner to pursue his arduous labors with success. Three
lines of roads have been successfully carried through the last range, and
mining districts five hundred miles from the sea have been rendered
accessible by routes hitherto unknown. The extension and improvement of
works so pressingly required and indispensable to the improvement and
development of the country, still claims the anxious care of the Government.
The greatest difficulty was experienced in providing funds to meet the
necessarily large expenditure on those works, and that object was
accomplished by imposing an import duty on goods, as the only feasible means
of producing a revenue adequate to the public exigencies. It was justly
supposed that any tax directly levied on the mining population, would lead
to clamor and discontent, without being productive of revenue; whereas the
indirect tax is not felt as a burden, and, I believe, makes no appreciable
difference in the price which miners have to pay for their supplies.
"I have entered into the foregoing review of the
administrative systems adopted in British Columbia and Vancouver Island, in
answer to the assertion of the memorialists, that every exertion is made to
stimulate the progress of Vancouver Island, at the expense of British
Columbia, and to prove that my measures have ever been calculated to
promote, to the fullestj extent, the substantial interests of both
colonies."
The Views of the Home Government.
From a practical point of view the foregoing was a
complete answer to the memorialists, and yet Sir James overlooked the fact
that the spirit of th«d times was completely in antagonism to his attitude.
He was right, and yet he failed to appreciate that nine-tenths of the people
of British Columbia] were educated in the school of popular government.
Douglas had lived hid life among the western wilds in an atmosphere of
one-man government, per-] feet and absolute in its mechanical details, but
wholly out of harmony with the institutions of its people. It was as
perfectly hopeless to expect the Imperial Government to deny British
Columbians the right of representative government as it was foolish and
suicidal in a past century to have antagonized the American colonies in
their aspirations for greater freedom of commerce.! It was, therefore, only
a question of time when the Home Government would! grant to the memorialists
their request. We are only surprised that it took two years for Douglas to
be apprised of the decision of the authorities to make important changes in
the system of administration in British Columbia. In a dispatch dated May
26th, 1863, the Duke of Newcastle informed Douglas that the act for the
government of British Columbia would expire! in a year and that it was
proposed to make provision for a Legislative Council] and for separate
governors for the colonies of British Columbia and Vancouver Island. It was,
however, made plain that the Home authorities had in mind the union of the
two colonies as soon as public sentiment was pre-j pared for it. The Duke of
Newcastle expressed confidence that economy and! efficiency would be
promoted, that commerce would be facilitated, that political capacity would
be developed, that the strength of the colonies would be consolidated, and
that generally their well-being would be greatly advanced by union. The
representations made by Governor Douglas, had, however, considerable weight
in Downing Street, because, the dispatch went on to say, that while the
authorities would have been pleased to give British Columbia the same
representative institutions which existed in Vancouver Island, it was felt
that that under present conditions would be impossible. Some of the
circumstances referred to by Douglas were recited.
"Under these circumstances," His Grace remarked, "I see
no mode of establishing a purely representative legislature, which would not
be open to one of two objections. Either it must place the Government of the
colony under the exclusive control of a small circle of persons, naturally
occupied with their own local, personal or class interests, or it must
confide a large amount of political power to immigrant, or other transient
foreigners, who have no permanent interest in the prosperity of the colony.
"For these reasons I think it necessary that the
government should retain, for the present, a preponderating influence in the
Legislature. From the best information I can obtain, I am disposed to think
it most advisable, that about one-third of the Council should consist of the
Colonial Secretary and other officers, who generally compose the Executive
Council; about one-third of magistrates from different parts of the colony;
and about one-third of persons elected by the residents of the different
electoral districts. But here I am met by the difficulty that these
residents are not only few and scattered, but (like the foreign gold
diggers) migratory and unsettled, and that any definition of electoral
districts now made, might, in the lapse of a few months, become wholly
inapplicable to the state of the colony. It would, therefore, be trifling to
attempt such a definition, nor am I disposed to rely on any untried
contrivance which might be suggested for supplying its place—contrivances
which depend for their success on a variety of circumstances, which, with my
present information, I cannot safely assume to exist.
"By what exact process this quasi-representation shall be
accomplished, whether by ascertaining informally the sense of the residents
in each locality, or by bringing the question before public meetings, or (as
is done in Ceylon) by accepting the nominee of any corporate body or
society, I leave you to determine. What I desire
is this, that a system of virtual though imperfect representation shall at
once be introduced, which shall enable Her Majesty's Government to
ascertain, with some certainty, the character, wants and dis-J position of
the community with a view to the more formal and complete establishment of a
representative system, as circumstances shall admit of it. * * * With these
explanations, I have to instruct you first to proclaim a law securing to Her
Majesty the right to allot the above salaries to the officials of British
Columbia; and, having done so, to give publicity to the enclosed
Order-in-Council and to convene as soon as possible, the proposed
Legislature."
The Pioneer Legislature.
And a Legislative Council on the lines indicated in the
Duke of Newcastle's despatch was convened. It consisted of officials of the
colony, of magistrates and of elected representatives in about equal
numbers. The first council came into existence in 1863 and sat for the year
1864. The members were: The Hon. Arthur Birch, Colonial Secretary; Hon.
Henry P. P. Crease (afterwards Sir Henry), Attorney-General; Hon. Wymondl O.
Hamley, Collector of Customs; Hon. Chartres Brew, Magistrate, New
Westminster; Hon. Peter O'Reilly, Magistrate, Cariboo East; Hon. E. H.
Sanders, Magistrate, Yale; Hon. H. M. Ball, Magistrate, Lytton; Hon. J. R.
Homer, New Westminster; Hon. Robt. T. Smith, Hope, Yale and Lytton;, Hon.
Henry Holbrook, Douglas and Lillooet; Hon. James Orr, Cariboo East; Hon.
Walter S. Black, Cariboo West; Mr. Chas. Goode, who married a daughter of
Sir James Douglas, was clerk or secretary of the Council.
Of these pioneer legislators, two are still living; so
also is the Clerk. Hon. Mr. Hamley, for some years Collector of Customs at
Victoria after the union of the colonies, is in retirement at the capital;
Hon. Arthur N. Birch, subsequent to his leaving British Columbia, was
appointed to an important position in Ceylon, was knighted, and is now
living in London, England, as agent of the Bank of England. Mr. Goode is
living in England. Four of the number died within a year of the writing,
Hon. Peter O'Reilly, who was for many years Indian Commissioner for the
province; Sir Henry P. P. Crease, who was knighted after retiring from the
Supreme Court Bench; Hon. E. H. Sanders, in California, and Hon. James Orr,
the last of the number to be laid away. Lt. Col. R. Wolfenden, who was
Queen's printer in those days and the first to serve Her Majesty in that
capacity in British Columbia, is still in harness, the only difference being
that he is printer to His Majesty instead of Her Majesty. The others have
long been memories among the shades of the band of pioneers, who left this
coast for the shores of the hereafter.
About this time took place an event of some note. The
terms of office of James Douglas as Governor of Vancouver Island and British
Columbia, respectively, expired almost concurrently, they being but a few
months apart. Those few months remaining of his term in British Columbia he
decided to spend in New Westminster, to which place he removed in the fall
of 1863. He was the recipient of many marks of esteem and respect on the
part of the citizens of both the Island and the Mainland, from whom he
received testimonials and by whom he was banquetted. In addition to that,
however, his services in his public capacity were rewarded by the
distinction of knighthood, the first recipient of such a title on the
Pacific coast; and here, perhaps, is the place for a word as to the
qualities and qualifications of the founder of the most westerly province in
the Dominion of Canada. The editor of the British Colonist at the time the
official news of knighthood was received, who was no less than Amor de
Cosmos, a strong opponent of the government as administered by Sir James—and
a remarkable man in his way—had this to say: "If we have opposed the
measures of the Government, we have never in our public acts of the
executive head of that Government failed in our esteem for the sterling
honesty of purpose which has guided those acts, nor for the manly and noble
qualities and virtues which adorn the man."
Sir James Douglas.
Sir James was, perhaps, the most remarkable man that has
appeared in the public arena in the province of British Columbia. A
Scotchman by descent through the line of the Black Douglas, educated in
Scotland, and associated for his earlier years with the members of the
Northwest Company, who were his countrymen, he both inherited and acquired
many of those distinguishing characteristics which seem to reflect the
ruggedness and strength of their native mountains, and much of the
picturesqueness and charm of Caledonian scenery. Sir James Douglas was a
large man physically and mentally. He had strength alike of physique and
character. Although at the age of sixteen he sought the wilds of the
Northwest in the employ of a fur company, he had had a liberal education,
and throughout his career he aimed to increase his stock of knowledge and
increase his accomplishments. He retained and strengthened the moral
rectitude of his youth. In his principles he represented the old-fashioned
punctiliousness in regard to details of all kinds, with progressive and
far-seeing views of business and public policy. He combined a genius for
business with a love of nature, of family, of literature, of devotion. His
love of order, his respect for the conventionalities of office, his becoming
self-respect, gave rather too much the impression of pompous display and an
assertion of superiority, both of which were foreign to his nature. Sir
James loved to magnify the office, but not the man. He was a strong,
masterful man, with the faults that such men have—a tendency to rule with
too firm a hand, to brook no opposition, to be perhaps overbearing, traits
which were developed unusually under the one-man rule of the Hudson's Bay
Company, and necessary in the conditions under which that wonderful
corporation carried on its operations over a vast extent of the New World.
He had a good mastery of French, which he spoke fluently with a correct
accent; had a wide knowledge of history and political economy; conversed
with ease and entertainingly; rose early and rode and walked a great deal;
was tenderly devoted to his family; was constant in religious exercises;
assiduous in the performance of official duties; and generally was a man who
acted well his part in life and did honor to his high position in the state.
Of splendid physical proportions and herculean strength, he had an imposing
presence. He possessed the quality of personal magnetism in a high degree,
and exercised corresponding influence with all with whom he came in contact.
Cool, calculating and cautious, he was also courageous and prompt to act,
combining the dominating characteristics of Anglo-Saxon and Celt. When he
retired he still possessed considerable vigor of mind and body, and might
still have continued to take an active part in the affairs of the country;
but he had probably reached that stage in the development of the province at
which he was more in spirit with the past than the present, where others
more in harmony with new conditions would rule with greater acceptance to
the people. He had acted a part in affairs that redounded highly to his
credit and to the welfare of a budding colony, with tact, intelligence, rare
ability, and high conception of and conscientious application to duty. Had
his early training been in the field of politics and his lot been cast in a
wider and more important sphere .he could have and undoubtedly would have
taken a place in history. He had the qualifications which make men of mark.
In estimating him as a man and as an official we must judge him by the
success he achieved in the sphere in which he moved. His record in that
respect was the best possible.
When he retired from public life, accepting his
well-earned honors, he visited his native land. He went to England by way of
Panama, and after spending some time in Great Britain, visited the
continent, through the countries of which he made a leisurely circuit, and
returned to his adopted and ultimate home in British Columbia, for which he
had an ardent attach ment, after about a year's absence. His
impressions of his travels, as recorded in his journal, are most interesting
reading and throw many luminous side-lights on his character and qualities.
He lived in retirement with his family in Victoria until August 2nd, 1877,
upon which day death came as a hasty and unexpected messenger to call him to
his final home. He lives gratefully in the memory of the older inhabitants
of the province. He is also remembered by a monument of stone in the grounds
of the Parliament buildings at the capital, and his statue occupies a niche
at one side of their main entrance, a corresponding niche being filled by
another commanding figure, that of the late Sir Matthew Baillie Begbie,
whose selection to bracket with that of Sir James was wisely made by the
designers of that splendid structure, adorning the sward "across James Bay."
Sir Matthew Baillie Begbie.
Sir Matthew was one of the
remarkable characters, and a notable figure, of British Columbia history. He
was Chief Justice from his appointment in 1859 until the day of his death,
June 11th, 1894. Even a brief outline of the founding and development of the
western province of Canada would be incomplete without a pen sketch of a man
who so strongly impressed his character upon the administration of justice,
notable for its completeness and effectiveness at a time when firmness was
most needed. I This is furnished by the late Sir Henry Crease, for many
years a colleague on the bench:
"Accompanied by his faithful
henchman, Benjamin Evans, who drove the Court over twenty times from Yale or
Ashcroft (after the C. P. R. reached it) to Cariboo and back without an
accident, and his trusty friend, Charles Edward Pooley, as Registrar, he
traversed the province wherever it was necessary in the interests of law or
justice to go. His unflinching administration of the law from the outset of
the colony in 1858 to his death in 1894, at a time when—mixed with a great
many good men, it is true— the miners and the class of men who came with
them comprised many of the wildest characters under the sun, whose sole
arbitrament in their quarrels in other countries had been knife and
revolver, struck such terror into wrong-doers and defiers of the law from
his first assize at Langley in. 1859, to the time of his death, that the
peace of the country was thoroughly secured—and the wilder spirits were
tamed to such an extent that even in difficult cases the court relied
confidently on their assistance under a short special enactment, as jurors,
and was never disappointed of their aid when so invoked. The result was that
the whole of the .country could be traversed from end to end by all men
without weapons, except sufficient to protect themselves from wild animals
or for subsistence—a course in which he was effectually supported from first
to last by all the judges who sat with or have succeeded him, to the great
benefit, as the statute hath it, of person and property and the peace,
order, and good government of the colony. He was a man over six feet (six
feet four) in height, strong, and active in proportion, a good sportsman and
an excellent shot. His abilities and his accomplishments were of the highest
order, and his hospitality and his social qualities gained him fast friends
in every direction. So take him for all in all we shall not often lock upon
his like again."
Union and the Capital.
Really Douglas did not lay down the reins of office until
the spring of 1864, when his successors arrived—Arthur Kennedy as Governor
of Vancouver Island,- in March, and Frederick Seymour, formerly Governor of
British Honduras, in April, as Governor of British Columbia. The decision to
appoint separate Governors for the colonies was in deference to local
feeling on the Mainland. Governor Douglas, of course, had his official
residence in Victoria, where he and his family had always resided since
their removal from Fort Vancouver; and the other leading officials of
British Columbia also preferred to live in Victoria. As might be expected it
constituted a grievance on the part of the people of New
Westminster, then the leading and practically the only town of any
importance on the Mainland. Sectional feeling. was even then strong; it was
still more embittered subsequently, and has not completely died out until
the present day. With the division of the governorship was linked a
permanent and definite basis for the civil list for both colonies. With the
arrangement for separate governors and separate civil lists was associated
the desire expressed on the part of the Imperial authorities to see the
colonies united under one government, and upon this point the views of both
Governors Kennedy and Seymour were sought.
In considering the question of union, it may be stated
briefly that the majority of people on the Island of Vancouver, and
especially in Victoria, were in favor of it. The majority of residents of
the Upper Mainland, who as a rule had their starting point at Victoria, and
who when they came to the coast wintered there, were also in favor of the
Island capital. It was the centre of business and government at that time,
and was then as it is now a very desirable place of residence. The Lower
Mainland, however, and iii< particular, the city of New Westminster, was
opposed to the proposed union. As to which place should be the capital was
really at the bottom of the issue, and even when not brought into the
discussion was ever present in the minds of both parties. New Westminster
feared, owing to the larger population, greater influence and enhanced
attractions of Victoria, that it would be chosen, and the people of Victoria
for similar reasons were, confidently hopeful that it would be. Governor
Kennedy reports the majority of the House of Assembly of Vancouver Island as
"in favor of unconditional union with British Columbia," and while the
Legislative Council did not care to express an opinion, he was nevertheless
in a position to state that nearly all, if not all of the ex-officio
members were also in favor. He avoided the question of the location of the
capital, but stated that "I have abstained from expressing any public
opinion, or exercising any influence I may possess, in encouraging this
movement, but I have no doubt that the expression of the former and
legitimate use of the latter, if acquiesced in by Governor Seymour, would
immediately remove all serious opposition to a union of these colonies,
which I consider a matter of great Imperial, as well as colonial interest."
Governor Seymour's views of the subject are somewhat in
doubt. In a despatch to the Home Government, he expresses the opinion that
union with Vancouver Island is not desired in British Columbia. His
sympathies were entirely with the city, where he had his official residence.
He says: " In the event of union taking place, a question which will locally
excite some interest is as to the seat of government. Victoria is the
largest town of the two colonies, and is, in many respects, the most
agreeable place of residence. I think, however, in seeking union with
British Columbia, she relinquishes all claims to the possession within her
limits of the seat of government. New Westminster has been chosen as the
capital of British Columbia, and it would not be fair to the reluctant
colony to deprive her of the Governor and staff officers. Both of these
towns are inconveniently situated on an angle of the vast British territory;
but New Westminster on the Mainland, has the advantage over the island town.
It is already the centre of the telegraphic system, and is in constant
communication with the upper country, whereas the steamers to Victoria only
run twice a week.. The seat of government should be on the Mainland; whether
it might with advantage be brought, hereafter, nearer to the gold mines is a
question for the future." It may be interesting to note in this connection
that years after, when the colony of British Columbia had become a province
of the Dominion and the question of erecting the present new Parliament
buildings was before the country, a suggestion was strongly supported in the
upper country that the capital should be removed to Kamloops, as being
strategically safer in case of war and more central. Doubtless, Kamloops, in
a period of hostility, would afford the necessary security, and would be a
delightful site for a capitol building, but considering the vast extent of
territory to the northward opening up and to be opened by railways, it would
be anything but a central location. Future generations will probably agree
that, taking all in all, Victoria was well chosen for the purpose.
The subject of union continued to be a live issue, for a
time practically the only public issue of importance. There were petitions
and counter petitions. Finally, union, strongly supported by the Imperial
authorities, took place and went into effect on the 17th of November, 1866.
The matter of the selection of a capital, however, was not then settled.
Governor Seymour strongly opposed Victoria, and did not withdraw his
opposition until the position of the Home Government was clearly defined and
he advised the Legislative Council in 1868 to come to a decision and to
assist him in so doing. The decision was in favor of Victoria, where the
first united Parliament of British Columbia sat in that year, and continued
to sit for ever afterwards. Governor Seymour stated in his speech at the
opening of the Legislative Council in the year referred to that Her
Majesty's Government was of the opinion that he had held an extreme view as
to the extent to which the public faith and honor are pledged to the
purchasers of land in New Westminster. Undoubtedly a great many persons had
been induced to buy property in New Westminster on the strength of its being
selected as the capital of a new colony, but upon the union of the two
colonies, which was without any doubt advantageous from many points of view,
it was necessary to select or reject one of the two capitals. Victoria at
the time was by far the most important point of the two, and the Home
Government regarded " public convenience as the main guide in the selection
of a seat of government." Sir Henry Crease states that " those who on the
faith of the royal proclamation staked their all were simply ruined, without
redress or compensation, leaving behind a wound and a sense of deliberate
injustice in the minds of- the Mainland against the Island that has never
been entirely healed, although the reason given that it was necessary to
consolidate not only to save the unnecessary expense of two governments and
two sets of officers where one would do, especially to prepare for
Confederation, was not without great weight."
The question of Confederation
with Canada was also mixed up with that of union of the two colonies and the
fixing of a place as capital. At the very time when an effort was being made
to unite British Columbia and Vancouver Island on the Pacific coast, a
similar movement was on foot on the Atlantic side of the continent to bring
together in one federation the separate British colonies there. Though far
removed from the old Canadas and separated by almost insuperable physical
obstacles, the sentiment of the east began to be reflected in the west, more
especially as the scheme of Confederation completed in 1867 made provision
for the bringing in of British Columbia, and we shall tell in the next
chapter how that was brought about.
Story of Confederation.
Confederation came about in a
way in British Columbia entirely different from that in any of the other
provinces. It is scarcely necessary to review the events which led up to the
union of four provinces in 1867. Although the Maritime Provinces wanted an
alliance of their own, they did not take kindly to one with Canadians, as
the inhabitants of Ontario and Quebec were then exclusively known, and it
was only by political strategy that it was accomplished in the case of New
Brunswick and Nova Scotia, while Prince Edward Island remained out for some
time after. Quebec at heart was not with the movement, although she joined
hands with Ontario, having first fixed her representation. Manitoba cost the
Dominion a rebellion. Her entry into the Federal compact was badly managed,
and an unnecessary grievance created, which prejudiced the cause for the
time being. In the east Confederation arose largely out of a sentiment of
unity. It was an idea—a grand consummation into the accomplishment of which
the leaders of both parties entered with enthusiasm. There were many diverse
elements and interests
*The story of Confederation
as given in the following pages was first prepared in 1896, and was
published in the Vancouver World, and subsequently in the Year Book of
British Columbia. It is a very necessary part of the narrative, in fact, one
of the most interesting and important in the history of the Province. As the
author feels that he has given his best efforts to it. and cannot hope to
materially improve it, the chapter has been carefully revised and reproduced
to consider, many difficulties in the way, but there were also many obvious
disadvantages in remaining1 apart; and when the fathers of Confederation had
made up their minds to succeed and went seriously to work, the difficulties
were soon overcome. It was an experiment at first, and no man could
confidently predict the outcome. There were local irritations, provincial
prejudices and weighty obligations to make good. For a time not a few able,
conscientious and truly loyal men, who subsequently became good Canadians
and heartily acquiesced, looked on with misgivings and gravely doubted the
wisdom of the experiment. If, however, the British possessions in North
America were to remain British, Confederation was inevitable. Amalgamation
and structural organization were rapidly going on on the United States] side
of the line, and such a political force could only be counterbalanced and
restricted by a similar movement on this side. In the east, therefore, as
has been intimated, the stimulus to Confederation was political and
national, and was so in spite of local considerations. Manitoba, on the
other hand, was a territorial purchase, and was virtually created at the
time of its union with the other provinces, and had it not been for the
community of Metis, whose fears were inspired by an ambitious zealot,
abetted by a few American citizens, there would have been nothing either in
the way of local interests or sentimental objections to have interfered.
In British Columbia the
conditions were entirely different from, and the considerations of a nature
totally unlike those which affected the eastern half of Canada.
Geographically, the Crown Colony was far removed from the seat of
Government. An almost insuperable barrier of mountains cut it off from the
rest of the British possessions. A vast, unbroken and practically
uninhabited plain separated it from the nearest province. Politically or
socially, the influences of Eastern Canada did not extend to within a
thousand miles of its extremest boundary eastward. There was absolutely no
land communication, and, apart from Hudson's Bay Company fur caravans, only
one or two parties had ever come overland. There were comparatively few
Canadian-born residents, and these were mainly among the pioneers who had
left their native place while Confederation sentiment was still in its
infancy. and who had formed new associations, and, to some extent, new
ideals and objects in life. The population was largely British-born, with
not a few Americans interspersed. The country, in its physical
configuration, its resources, its requirements, was in every sense foreign
to Canada. Communication and trade were wholly with the Pacific Coast and
Great Britain, and sympathies to a considerable extent followed in the line
of trade and travel. It is not to be wondered at, therefore, that there was
an important element opposed to Confederation at the outset.
The mainspring, however, was not sentimentalism. It was
not with the idea of rounding off Confederation, or building up a
commonwealth from ocean to ocean, with a common organic structure and a
common destiny— nothing of the kind. While there were prominent men in the
colony, like the late Hon. John Robson, F. J. Barnard, and the Hon. Amor de
Cosmos, who hailed from Canada, and who were no doubt imbued with
aspirations of a kind that directed the movement in the east, yet the mass
of the population was not influenced by such considerations, and that was
the most natural thing in the world. It could not have been expected to be
otherwise. Dr. Helmcken, who opposed Confederation conscientiously as well
as ably, during the debate to go into committee on the terms submitted by
Governor Musgrave, said with much force that " No union between this colony
and Canada can permanently exist unless it be to the material and pecuniary
advantage of this colony to remain in the Union. The sum of the interests of
the inhabitants is the interest of the colony. The people of this colony
have, generally speaking, no love for Canada. They care, as a rule, little
or nothing about the creation of another empire, kingdom or republic. They
have but little sentimentality, and care little or nothing about the
distinctions between the form of Government of Canada and that of the United
States. Therefore, no union on account of love need be looked for. The only
bond of union, outside of force—and force the Dominion has
not—will be the material advantage of the country and pecuniary benefit of
the inhabitants. Love for Canada has to be acquired by the prosperity of the
country and from our children."
Dr. Helmcken did not represent the feelings of British
Columbia in so far as the desire for Confederation was concerned. To rightly
understand the feelings of the people on the subject we have to go back to
the! conditions of the time. The situation has already been described,
which] in one word, in relation to Canada, was isolation. The
circumstances,] however, were these: The Province was heavily in debt, the
liabilities being] around $1,500,000 for about 10,000 white people. The
after effects of the Cariboo gold fever were being experienced. Prosperity
had vanished, times] were depressed, money was scarce, and there were no
prospects ahead except] the chance of new gold fields being discovered. A
great many people deplored the loss of a free port, to which they attributed
a good deal of theirl former prosperity. On the Mainland, where the
Confederation movement I was the strongest, there existed a keen
dissatisfaction over the removal of the capital from Westminster. And so all
around there was a desire for change. As a Crown Colony there were only two
roads open which offered any hopes of betterment—Confederation or
Annexation. While there was a slight movement in the latter direction, and a
petition had been gotten up in its favor, signed mainly by Americans; and,
while there was a modicumi of truth in what Dr. Helmcken said about the
majority of people cared little about the distinctions as to the form of
government of Canada and the United States, yet British Columbia was
essentially loyal to British institutions and to the British flag. As a
political possibility annexation was not to be thought of, and the
sentiments expressed by the fathers of Confederation in British Columbia, in
the debate referred to, showed to what small extent the annexation movement
had influenced public opinion; union with Canada, if it meant no more than
continued connection with the mother country, in that respect was
unobjectionable at least. It was, in fact, preferable to annexation.
Isolation seemed to be hopeless and unendurable. Change was necessary.
The C. P. R. as a Factor.
For some years before, the subject of a trans-continental
railway ha*d been much discussed, both in Great Britain and Canada, and with
the writings of prominent men on this subject British Columbians were
familiar; because, as a class they were educated, intelligent and
well-informed—highly superior to any similar number of men in the other
provinces—a fact easily accounted for. Many were graduates of universities
and well connected, a select company of adventurers, so to speak. A railway
from ocean to ocean was a popular theme. It opened up new vistas of
possibilities not only for Canada, but the Empire. To Canadians it meant a
chain to bind the disconnected British possessions together; it meant an
outlet to and inlet from the West; it disclosed a new Dominion of great
magnitude and promise. It was a subject brimful of opportunity for the
eloquence of oratory and the pen-picturing of the essayist. To Great Britain
it afforded that alternative route of commerce long sought for in the
North-West passage, for the discovery of which her seamen had been diligent
and persistent; and for military transport in case of war. It is not easy to
give due credit for the first advocacy of a Canadian trans-continental
railway. It goes quite far back in Canadian history. It was discussed by
Judge Haliburton, and was a dream of Hon. Joseph Howe. We find a route well
defined in an article that was contributed by an officer of the "Thames
City," which brought out a detachment of the Royal Engineers and Sappers &
Miners in 1859, to a paper published on board. Curiously enough, the route
then indicated, was the one that was subsequently followed in actual
construction. As a matter of fact, the project at various times was widely
discussed. Like so many other great enterprises of national importance, it
was a long time in the public mind before it assumed concrete form. In
British Columbia, Mr. Alfred Waddington was the first and foremost advocate.
He was an enthusiast on the subject and devoted much of his time and energy
to acquiring information and in an agitation for a railway via Bute Inlet.
Begg's history of British Columbia contains the following reference to his
later efforts: "Mr. Waddington proceeded to London, and petitioned the House
of Commons, in the interests of British Columbia. His first petition of the
29th of May, 1868, was signed by himself; the second (3rd July) was
presented by Viscount Milton. It was largely signed by parties connected
with British Columbia, and showed that that Colony was for all practical
purposes, isolated from the Mother Country, and surrounded by a foreign
state, and great national difficulties; that it was entirely indebted to the
United States for the carriage of its letters and emigrants, and almost
entirely for the carriage of goods required for trade and domestic purposes:
that a graving dock was required; that it was of great public importance to
secure the advantages of an overland communication through British North
America, which would be the shortest and best route to China, Japan and the
East; that the overland communication sought for would perpetuate the loyal
feelings of the colony, and that a line of steam communication from Panama
to Vancouver Island should in the meantime be subsidized.' Mr. Waddington
after remaining in London until 1869, returned to Ottawa, and continued to
advocate the construction of a trans-continental railway, until after
Confederation. He sold the plans of his overland route through British
Columbia to the Dominion Government in August, 1871. He died in Ottawa of
smallpox in February, 1872."
As Confederation was the order of the day, and was being
successfully accomplished, the people of British Columbia were not slow to
see that in the undertaking of such an enterprise lay their hopes for the
future. With a railway having one terminus at Halifax and the other on the
shores of the Pacific, they recognized the importance of their position
geographically and commercially—a position which in annexation would only
and always be secondary to San Francisco, but in Confederation second to
none. In all the political habiliments, paraphernalia and belongings,
clothing, surrounding, and attaching to Confederation the one main
object—the essence of it all was a railway—direct communication with the
East. As Dr. Helmcken might have expressed it, they loved not Canada for
what she was, but for what she would do for them. They noted the terms under
which the other provinces had entered the Federal Union—debts assumed,
allowances made for differences of degree and conditions, annual subsidies
in lieu of existing revenues, provincial autonomy, and so on. They knew
further the anxiety there was to extend the Dominion of Canada westward to
the Pacific Ocean. To be relieved of debt, to throw off the weight of an
overweighty officialdom and to secure a railway and still possess the
sovereign rights of self-government, by the one act of union, was a
consummation devoutly to be wished. The people of British Columbia were wise
in their day and generation and knew or thought they knew, how to make a
good bargain, and whatever may be the difference of opinion that exists
to-day as to the position of this province in the Dominion, they flattered
themselves, when the news came from Ottawa as to the outcome of the
negotiations there, that they had done well. And who will say, considering
the circumstances of the province at that time, and its impotency to do for
itself what the Dominion Government had agreed to do for it, that the issue
did not justify some measure of self-satisfaction? This is what it got: A
railway 3,000 miles long to be begun within two years; $100,000 a year in
lieu of lands to be given for railway in question; 80 cents per head of a
population computed at 60,000; deliverance from $1,500,000 of debt; $500,000
for a dry dock at Esquimalt; superannuation of officials; $35,000 a year in
support of the government; five per cent per annum on the difference between
the debt and that of Nova Scotia and New Brunswick pro rata of the
population; Indians to be cared for by the Dominion and nine representatives
at Ottawa, three senators and six members in the House of Commons. In lieu
of this the province gave the land included in the railway belt, its customs
and excise revenues, the control of the general affairs now within the
jurisdiction oft the Dominion Government, which then pertained to its
colonial status. These-terms were subsequently modified to some extent,
favorably to the province, but not in any essential respect.
Looking at it from the standpoint of to-day it would be a
difficult task indeed, and perhaps a not over-wise one, to decide as to
which of the two parties to the negotiations really made the better bargain.
Speculation would not be quite idle as to what this province would be
standing alone as a Crown Colony; but we cannot come to a definite,
conclusion. Great life and energy have been imparted to the people and great
development has resulted. The foundation has been laid for things many times
greater in comparison, the magnitude of which we are not yet in a position
to realize. It is true the province is paying a too substantial dividend to
the Dominion for the latter's investment, and is under no financial
obligations for the advantages it has derived. On the other hand, the
Dominion, in order to carry out the terms of the bargain with British
Columbia, assumed enormous obligations, under which she staggered for a
time, but Canada to-day without the West would not rank higher in the
category of countries than one of the States of the American Union. With the
prestige which a trans-continental line with its trans-Pacific connections
has given her, with the markets that have been afforded to her manufacturers
thereby, and the wealth that has been added to her domain, the taking of
British Columbia into the family compact has constituted it the supreme
achievement of Confederation.
The Preliminary Steps.
To come back to the starting point of Confederation in
British Columbia; that may be said to have been the union of Vancouver
Island with the Mainland. No doubt the dissatisfaction in the Westminster
district over the removal of the capital had much to do in stimulating the
movement, and its foremost advocates belong to the Mainland. It is true that
the Hon. Amor de Cosmos, in Victoria, had been among the first—if he was not
indeed the first—to publicly advocate it in his paper, the "Standard."
However, it first came prominently to the front during
the session of 1867, when a resolution was unanimously passed in its favor,
requesting Gov. Seymour " to take measures without delay to secure the
admission of British Columbia into the Confederation on fair and equitable
terms." Gov. Seymour, it may be remarked, was at first not favorably
disposed to a union with Canada, and whatever his influence with the
executive may have been in this regard is not known; but at all events, when
the session of the following year was held, little or no progress had been
made in the direction indicated by the resolution in question, and, as a
matter of fact, the members of the Government seemed to have changed their
attitude in regard to it, and when the subject was again introduced it met
with overwhelming opposition. As a result of the action taken, or rather,
not taken, by the Executive Council, an agitation was started throughout the
country for the purpose of bringing it to an issue.
At a meeting held in Victoria on January 29, 1868, a
committee was appointed, consisting of Messrs. James Trimble, Amor de
Cosmos, I. W. Powell, J. R. Findlay, R. Wallace and H. E. Seeley, who drew
up and signed a memorial, which set forth, among other things, the
resolution unanimously passed by the Legislative Council, already referred
to; that a public meeting had been held at the same time expressing
concurrent views with the Legislative Council; that the people of Cariboo
had held in the previous December a highly enthusiastic meeting, and
unanimously passed a resolution in favor of immediately joining the
Dominion; that public opinion was overwhelmingly in favor of Confederation;
that there was only a small party other than Annexationists who were
opposed; that nearly all the offices belonged to the latter party; that
there was only a small party in favor of annexation to the United States;
that Governor Seymour had not made any representations to the Dominion
Government asking for admission, as requested; that the Legislative Council,
composed as it was of officials and' others subject to the will of the
Government, could not be depended upon to express the will of the people,
and so on.. These and other representations were contained in the memorial
which was addressed to the Dominion Government.
Hon. S. L. Tilley, the Minister of Customs, sent the
following reply, dated Ottawa, March 25, 1868: "The Canadian Government
desires union with British Columbia, and has opened communications, and
suggests immediate action by your legislators and a passage of an address to
Her Majesty requesting union with Canada. Keep us informed of progress."
On the 21st of May of the same year a Confederation
League was formed in the city of Victoria, of which the following gentlemen
formed the Executive Committee: James Trimble (Mayor), Captain Stamp, Dr.
Powell, J. F. (now Hon. Justice) McCreight, Robert Beaven, J. D. Norris,
George Pearkes, R. Wallace, C. Gowen, M. W. Gibbs, Amor de'Cosmos and George
Fox. The League began with a membership of one hundred in Victoria,
and branches were formed in several places on the Island and the Mainland.
On July the 1st of the same year, what was described as
"a largely attended and spirited open-air meeting" was held at Barkerville,
Cariboo, at' which strong resolutions were passed unanimously condemning the
Government for opposing Confederation and favoring "some organized and
systematic mode of obtaining admission into the Dominion of Canada." Atf
this meeting Mr. J. S. Thompson, afterwards a member of Parliament, made an
effective and eloquent speech in moving a resolution, which, by the way, was
seconded by Mr. Cornelius Booth, late Supervisor of the Rolls for the
Province. Before the meeting adjourned a committee of five was appointed to
carry out the wishes of the meeting in furthering what had been advocated.
The next most important step in the agitation was the
holding on September 14 the somewhat celebrated convention at Yale, at which
most of the leading men of the province were present. A
committee was then appointed, composed of Hon. Amor de Cosmos, Messrs.
Macmillan, Wallace and Norris, of Victoria; Hon. John Robson, New
Westminster; and Hon. Hugh Nelson. of Burrard Inlet, to carry out the
objects of the Convention. The proceedings of this Convention were very much
criticised at the time, and were the subject of not a little ridicule on the
part of those who were opposed to the movement.
At the next meeting of the Legislature, in 1869, the
question was again brought up, with the result that the Government carried
an adverse resolution as follows: "That this Council, impressed with the
conviction that under existing circumstances the Confederation of this
colony with the Dominion of Canada would be undesirable, even if
practicable, would urge upon Her Majesty's Government not to take any steps
toward the present consummation of such union." Messrs. Carrall, Robson,
Havelock, Walkem and Humphreys, who stated that they had been returned as
Confederationists, entered a protest against the passage of the resolution,
and placed on record their disapproval of the action of the Government.
Despite the attitude taken by the Government, events
about this time began to hasten that which facilitated in rather an
unexpected way the bringing about of Confederation. There was considerable
talk of annexation on the part of, it is true, an inconsiderable minority of
American citizens, and a petition which was circulated and signed
principally by the latter, was sent to the President of the United States,
praying for admission into the Union. In June of that year Governor Seymour,
whose sympathies and influences during the preliminary portion of the
agitation for Confederation had been on the side of those who were opposed
to it, but whose opposition, we are led to understand, was subsequently
withdrawn—the result of his visit to England—died. Anthony Musgrave, whose
instructions were to bring about Confederation as speedily as possible, in
conformity with the Imperial policy, succeeded him. Governor Musgrave, we
are told, "was admirably fitted for work of reconciling the opposing
elements, and his efforts were easily successful." Since the time that the
first resolution had passed the House, when it was unanimously agreed to,
the events in Canada had led to a temporary damper in the enthusiasm at
first displayed over Confederation. There was the dissatisfaction existing
in Nova Scotia, which did not augur well for the success of the Union, and
the trouble in Manitoba, which at the time the Legislative Council sat, in
1870, had not yet been settled satisfactorily. These no doubt created unrest
in the minds of some of the leading men in the colony, especially in
Victoria, as to the wisdom of joining hands with the Dominion while as yet
Confederation was, so to speak, only in the experimental stage. There were
in British Columbia indications of improvement of the situation, owing to
mining excitement, the result of new discoveries, and it was thought by
some, notably Dr. Helmcken, that it would be better to wait a little longer
in order to judge more accurately of the results of Confederation in the
other provinces, and in case of times improving, as seemed probable, British
Columbia would be in a better position to demand her own terms than if she
went into the Union on the first invitation.
However, Governor Musgrave was anxious to carry out his
instructions, and no doubt wished to have the honor of bringing the matter
to a successful issue during his term of office, and he succeeded, as we
shall see, in bringing the Executive to his way of thinking. Prior to the
session of 1870 he had, with his Council, framed resolutions to lay before
them so as to enable him to deal with the Government of Canada. It was
agreed that the terms of Union should not be finally accepted until ratified
by the people, and authority was to be asked to reconstitute the Legislative
Council, so as to allow the majority of its members to be formally returned
for electoral districts, and thus obtain expression of opinion of the people
of the colony.
The terms of Union proposed by the Governor were,
briefly: Canada to assume the debt of British Columbia; to pay $35,000
yearly for the support of the local Government, and 80 cents per head of the
population, to be rated at 120,000, the rate of 80 cents to be continued
until the population reached 400,000. the subsidy thereafter to remain
fixed; to commence at once the survey for a line of railway; to complete a
wagon road to Lake Superior within three years after Confederation, and not
less than $1,000,000 to be spent in any one year in its construction; to
guarantee 5 per cent interest on a loan of $500,000 for the construction of
a graving dock at Esquimalt: to provide fortnightly steam communication with
San Francisco; to give regular communication with Nanaimo and the interior;
to build and maintain a Marine Hospital, a Lunatic Asylum and a
Penitentiary; to maintain the Judiciary and the Postoffice and Customs
services; to use its influence to retain Esquimalt as a station for Her
Majesty's ships and to establish a volunteer force; to provide a pension for
the present officers of the Government; and to allow interest at the rate of
5 per cent per annum on the difference between the actual amount of the
indebtedness of the colony, per head of the population, rated at 120,000,
and the indebtedness per head of the other provinces.
The Debate on Confederation.
On Wednesday, March 9, 1870, began the memorable debate
on the subject of Confederation with Canada, when the then Attorney-General,
Hon. (late Sir Henry P. P.) Crease, rose to move: "That this Council do now
resolve itself into committee of the whole, to take into consideration the
terms proposed for the Confederation of the Colony of British Columbia with
the Dominion of Canada, in his excellency's message to this Council." "In
doing so," he said, "I am deeply impressed with the momentous character of
the discussion into which we are about to enter, the grave importance of a
decision by which the fate of this, our adopted country of British Columbia,
must be influenced for better or for worse, for all time to come. And I
earnestly hope that bur minds and best energies may be bent to a task which
will tax all our patriotism, all our forbearance, all our abnegation of self
and selfish aims; to combine all our individual powers into one great united
effort for the common good." He then invoked the Divine blessing in the
following words: "May He who holds the fate of nations in the hollow of His
hand, and crowns with success, or brings to naught the councils of men,
guide all our deliberations to such an issue as shall promote the peace,
honor and welfare of our most Gracious Sovereign, and of this and all other
portions of her extended realms." His speech in introducing the resolution
above was brief, but lucid and eloquent. "This issue is," he remarked,
"Confederation or no Confederation," and pungently added, "Your question,
Mr. President, that I do now leave the chair, means: That is the issue
before us now." Thus was launched a discussion which, vigorously conducted
for a number of days, landed the Province of British Columbia in the arms of
the Dominion.
The debate to go into Committee of the Whole lasted three
days, and nine days were occupied in discussing the details in committee.
Some notable speeches were made, and probably no debate since that time
brought into requisition greater talent, or better sustained and more
dignified oratory in the Legislative Assembly. They were able men, some of
them, who took part, and all the speakers were prominent in the affairs of
the country. Among them were Attorney-General Crease, Dr. Helmcken, Amor de
Cosmos, Thomas Humphreys, M. W. T. Drake, John Robson, Joseph Trutch, Hy
Holbrook, T. L. Wood, F. J. Barnard, R. W. W. Carrall, E. Dewdney, G. A.
Walkem—nearly all of whom are familiar to the newest comers as men having a
high place in the affairs of the province. It would be impossible in a
limited space to give even in outline the salient points in the debate.
Following the Honorable the Attorney-General came Dr.
Helmcken, from whom the principal opposition arose. In the course of his
remarks he said: "The honorable gentleman laid great stress upon the
consolidation of British interests on this coast; but I say, sir, that
however much we are in favor of consolidating British interests, our own
must come first. Imperial interests can well afford to wait. We are invited
to settle this question now and forever; but I say that we are not called
upon to do so. The matter will come before the people after the proposed
terms have been submitted to the Dominion Government; and it will very
likely happen that if these terms were rejected and others of a mean nature
substituted by the Government of Canada for the consideration of the people
of this colony, other issues may come up at the polls, and amongst them the
question whether there is no other place to which this colony can go but
Canada. Whatever may be the result of the present vote, it is impossible to
deny the probability of the lesser being absorbed by the greater, and it
cannot be regarded as improbable that ultimately not only this colony but
the whole of the Dominion of Canada will be absorbed by the United States."
As has already been stated, Dr. Helmcken dwelt largely on the fact that the
time was inopportune to open the question, because he indicated .that the
new gold discoveries would bring a large population to the province, and
that the present depression would be swept away, and that in that event the
province would be in a better position to go to the Dominion and negotiate
for terms.
In noticing the drawbacks of the colony he said: "The
United States hem us in on every side. It is the nation by which we exist.
It is a nation which has made this colony what it is; but, nevertheless, it
is one of our greatest drawbacks. We do not enjoy her advantages, nor do we
profit much by them. We do not share her prosperity, and we are far too
small to be rivals. The effect of a large body and a small body brought into
contact is that the larger will adopt the smaller and ultimately absorb it.
And again, I say so, sir; I say that the United States will probably
ultimately absorb both this colony and the Dominion of Canada. Canada will,
in all probability, desire quite as much to join her ultimately as we do now
to join the Dominion." Dr. Helmcken also objected to the Canadian tariff,
which was lower than that of British Columbia at the time, and consequently
unfavorable to the development of the agricultural industry. This was a
matter that was very strongly dwelt upon by nearly all the members, and it
was held that in arranging the terms the Dominion Government would be
specially induced to look after the interests of this province and see that
the farmers were protected from competition from the neighboring territory
of Washington and Oregon. The doctor held that Confederation would be
inimical to nearly every interest of the province, and particularly to the
farmers. He said it would be inimical to brewers, to the spar trade, to the
fisheries, whaling pursuits and the lumber business. Of all the speeches
delivered, his may be said to have been the most original.
Hon. Mr. Drake, member for Victoria City, moved the six
months' hoist, saying: "I need not state, sir, that I have always
been opposed to Confederation. I have consistently opposed Federation on any
terms up to the present time, and I do not see any reason now to change my
opinion." Mr. Drake took very much the .same line of objection as Dr.
Helmcken. He spoke particularly in regard to the Canadian tariff, which he
said would place the farmers of British Columbia at a very great
disadvantage compared with those of the United States. He claimed that
distance from Canada, small-ness of population, giving an insignificant
representation in the Dominion Parliament, and the unsettled state of the
intervening territory, would be insuperable barriers to the success of the
scheme. The Hon. Mr. Ring, member for Nanaimo, seconded Mr. Drake's
amendment, and spoke briefly. Hon. Mr. Robson, it is needless to say, though
opposed to the Government, took a strong and patriotic position in favor of
the original resolution. He always favored Confederation.
Perhaps the strongest speech was made by Hon. J. W.
Trutch, Chief Commissioner of Lands and Works. His arguments were well
presented, and his advocacy of Confederation moderate but firm. Regarding
Canada, he said: "I believe, sir, that many of the objections which have
been raised to Confederation have arisen from prejudiced feelings. I have no
reason to be prejudiced against or partial to Canada. I believe the
Canadians as a people are no better than others, and no worse. I have no
ties in Canada, nor particular reason for entertaining any
feeling of affection for Canada." He repudiated some suggestions of Hon. Mr.
Drake as follows: "The honorable junior member for Victoria asks what
guarantee have we that the terms will be carried out. I say at once, sir, if
the terms are not carried out, if the Canadian Government repudiate their
part of the agreement, we shall be equally at liberty to repudiate ours. We
should, I maintain, be at liberty to repudiate Confederation." He considered
the time was most opportune. He was in favor of the province having the
right to make its own tariff, so as to protect its farming interests, and
hailed with pleasure the salmon laws of Canada and advocated the rights of
the Indians. Concluding, he said: " As we shall, from our position on the
Pacific Coast, be the keystone of Confederation, I hope we may become the
most glorious in the whole structure, and tend to our own and England's
future greatness."
Hon. Mr. Wood was the next speaker. He supported in an
able and argumentative speech the amendment for the six months' hoist. His
objections were, first, to the principles of the Organic Act of 1867, as
applied to the British North American Provinces; second, to the special
application of the principle to this province; third, to the mode in which
the consent of its adoption was attempted to be obtained. Mr. Wood thought
the principle of Confederation was bad in itself and would not work out
successfully. He thought that Great Britain favored it from a selfish point
of view, and not from considerations of broad statesmanship. With respect to
British Columbia his objections were: Remoteness, comparative
insignificance, and diversity of interests. As to the third objection, the
mode of bringing about Confederation, he objected to it as not appealing to
moral or political considerations, but to pecuniary motives. In other words,
the people were being bribed by promises of a railway and a dry dock rather
than being convinced by political advantages.
Hon. Amor de Cosmos made a long and vigorous though
somewhat discursive speech. He claimed to be the first to advocate
Confederation. and as such condemned the Government for delaying so long. He
remarked at the opening: "For many years I have regarded the union of the
British Pacific territories, and of their consolidation under one
Government, as one of the steps preliminary to the grand consolidation of
the British Empire in North America. I still look upon it in this light with
the pride and feeling of a native-born British American. From the time when
I first mastered the institutes of physical and political geography I could
see Vancouver Island on the Pacific from my home on the Atlantic; and I
could see a time when the British possessions, from the United States
boundary to the Arctic Ocean, and extending from the Atlantic to the
Pacific, would be consolidated into one great nation." Mr. De Cosmos
incidentally remarked: "If I had my way, instead of the United States owning
Alaska, it would have been British to-day." He laid great stress on the
terms of Confederation and was anxious to make as good a money bargain as
possible. On that ground he objected to the financial arrangements as
submitted by the Government as not creating sufficient surplus of revenue,
and also to the fiction, as he termed it. of assuming the population to be
120,000 instead of 40,000. It may be remarked here, incidentally, that the
assumption of 120,000 as the population of British Columbia was based not on
an estimate of the actual number of people, including Indians, in the
province, but on the relative tariff revenue as compared with that of
Canada, which was as three to one. In other words, it was estimated that as
every individual paid three times in tariff imposts what was paid in Canada,
the population should be figured as 120,000 instead of 40,000. It is curious
that the rate of revenue still maintains the same ratio. Our population is
now 200,000. According to that method of figuring it should be 600,000 for
the purpose of a subsidy.
Hon. Mr. Ring again spoke, advocating that the people
should have an opportunity of deciding upon the terms before it was
discussed by the House.
Mr. Barnard was the most enthusiastic supporter of
Confederation, and he took up the subject, as he did anything in which he
became interested, with peculiar energy. Speaking as a Canadian born, he
said: " I desire, before going further, to allude to a charge commonly laid
against my countrymen—often offensively put, but yesterday put by the Hon.
Mr. "Wood in his usually gentlemanly way. It is that of Canadian
'proclivity.' As a native-born Canadian, in common with others, I love the
land of my birth. We admire her institutions and revere her laws; but we
never forget the land of our adoption, and we should no more consent to see
her wronged by Canada than would the tens of thousands of Englishmen who
have made Canada their home permit a wrong to be done her by England. * * *
As to that 'other issue' (meaning annexation), I have no fears for Canada,
or this colony either. It used to be fashionable here in early days to
associate the name of Canada with rebellion. It was the result of prejudice
and ignorance and was a great mistake. * * * To sum up, sir, I say that
amongst the statesmen of Canada we may safely look for men fully competent
to control the affairs of a young nation. They are men of as much ambition
and grasp of thought as are the rulers in the adjoining states; and depend
upon it, nothing will be left undone to advance the prosperity and
well-being of every portion of their vast Dominion. We may safely repose
full confidence in them."
Hon. Mr. Humphreys, for Lillooet, was somewhat fiery in
his remarks, and though in favor of Confederation was much "agin" the
Government. He wanted to see responsible government made a sine qua non of
Union.
Hon. Mr. Carrall, another enthusiastic Confederationist,
followed in a well-balanced speech, and coming from Cariboo, he had strong
support in his constituents. Speaking of Canada, he said: " After she was
prevented from going to the United States by that abrogation of the
Reciprocity Treaty, she turned her attention to her own resources, and I
believe she is now going to be one of the most progressive nations upon the
earth. Undoubtedly she is determined to progress westward until she reaches
British Columbia and the Pacific, and with all her progressive tendencies
she will not abate one jot of her loyalty for which now, as ever, she is
distinguished."
Hon. Mr. Alston, Registrar-General, a representative of
the official element in the House, supported the Government's resolution.
Mr. Dewdney, the present Lieutenant-Governor, member for Kootenay, was in
rather an awkward position, for, as far as he could ascertain, his
constituents were opposed to Confederation, but, as he was unable to consult
with them upon the terms submitted, he took the responsibility of supporting
the resolution for Confederation. He said that "in the light that it now
bears, that I do believe that their opinions would be in unison with that of
the country generally—in favor of Confederation in terms now proposed." The
debate was closed by brief remarks from Dr. Helnicken, defining his
position, and the Honorable Attorney-General, Hon. Mr. Drake, member for
Victoria City, withdrew his amendment, and the resolution was carried
unanimously and the House went into committee of the whole.
The discussion for the next ten days was on matters of
detail and was quite too long and irregular to endeavor to present in any
concise form. The term's as submitted by Governor Musgrave were agreed to,
with a few exceptions, the principal of which were that the annual grant of
$35,000 to be paid by the Dominion for the support of the local Government
was raised to $75,000, and the limit of population at which the amount of
subsidy became fixed was changed from 400,000 to 1,000,000, and a series of
supplementary resolutions added. Messrs. Helnicken, Trutch and Carrall were
chosen by the Executive to go to Ottawa to arrange the terms with the
Dominion Government. The sum of $3,000 was voted to defray their expenses,
and they left on May 10, 1870, by way of San Francisco. On the 7th of July
the special correspondent of the "Colonist" telegraphed as follows : "Terms
agreed upon. The delegates are satisfied. Canada to England. Carrall remains
one month. Helmcken and your correspondent are on their way home."
The terms agreed upon have already been given in
substance, and were confirmed by the Legislature upon its first meeting
thereafter.
The Terms of Union.
In connection with the terms of Confederation submitted
by Governor Musgrave and adopted in substance by the Legislative Council,
supplementary resolutions, as has already been stated, were passed, stating:
1. That duties levied upon maltsters and brewers, under the Excise Law of
Canada, would be detrimental to British Columbia, and requesting that no
export duty should be charged on spars exported from British Columbia. 2.
That the application of the Canadian tariff, while reducing the aggregate
burden of taxation, would injuriously affect the agricultural and commercial
interests of the community, and requesting that special rates of customs
duties and regulations should be arranged for the colony. 3. That a
geographical survey of British Columbia be made, such survey to be commenced
one year after Confederation. 4. And that all public works and property as
properly belonged to the Dominion under the British North America Act,
should belong to British Columbia, and all roads to be free of toll of every
kind whatsoever.
The terms of union agreed upon between the delegates from
British Columbia and the Government of Canada differed from those adopted by
the Legislative Council in the following respects: That the population
should be estimated at 60,000 instead of 120,000; that British Columbia
should be entitled to six members in the House of Commons and three in the
Senate, instead of eight members in the House of Commons and four in the
Senate.
The proposition for the construction of a wagon road from
the main trunk road of British Columbia to Fort Garry was dropped, and the
Dominion undertook to secure the commencement simultaneously, within two
years of the date of the union, of the construction of a railway from the
Pacific to the Rocky Mountains, and from a selected place east of the Rocky
Mountains to the Pacific, to connect the" seaboard of British Columbia with
the railway system of Canada and to secure the completion of the railway
within ten years from the date of union. For the construction of such
railway the Government of British Columbia agreed to convey to the Dominion
Government a land grant similar in extent through the entire length of|
British Columbia, not to exceed twenty miles on each side of the line, to
that appropriated for the same purpose by the Dominion Government from lands
in the Northwest Territory and the Province of Manitoba, with this
provision, however, that the land held under a pre-emption right or Crown
grant within the forty-mile belt should be made good to the Dominion from
contiguous public lands. In consideration of the lands to be thus conveyed
to the railway to the Dominion Government agreed to pay to British Columbia
from the date of union the sum of $100,000 per annum' in half-yearly
payments in advance. The charge of the Indians and the trusteeship and
management of lands reserved for their use and benefit, were assumed by the
Dominion Government. The constitution of the executive authority of the
Legislature of British Columbia was to continue as existing at the time of
union until altered under authority of the British North America Act, but it
was understood that the Dominion Government would readily consent to the
introduction of responsible government when desired by British Columbia, and
it was agreed by the Government of British Columbia to amend the
constitution so as to provide that the majority of the Legislative Council
should be elective.
An election was held in November of 1870, in which it is
unnecessary to state that the terms of Confederation were the main issue.
The new Council met January 5, 1871. Dr. Helmcken was nominated as Speaker,
but declined. The terms of Confederation, as agreed upon, were passed
unanimously, and an address was presented to His Excellency the Governor,
praying that Her Majesty would be graciously pleased to admit British
Columbia, under the provision of the British North America Act, into the
Dominion of Canada.
Responsible government, for which the colony was fully
prepared, was a natural consequence of Confederation, and a bill was
introduced in the Council on the 31st of January, 1871, to give power to
alter the constitution of British Columbia. The bill was considered in
committee of the whole and reported complete, and was formally adopted on
February 6. The first election under the new constitution took place in
October, 1871. Hon. Joseph Trutch, conspicuous in bringing about
Confederation, had been appointed Lieutenant-Governor of the new province.
Hon. J. F. (Justice) McCreight was called upon to form the first
administration. There were twenty-five men elected to the first Legislature,
as follows: George A. Walkem, Joseph Hunter, Cornelius Booth, John Ash, M.
D.; William Smithe, John P. Booth, A. Rocke Robertson, Henry Ccgan, John A.
Mara, Charles Todd, A. T. Jamieson, T. Humphreys, John Robson, Henry
Holbrook, J. C. Hughes, W. J. Armstrong, J. F. McCreight, Simeon Duck,
Robert Beaven, James Trimble, M. D., A. de Cosmos, A. Bunster, Robert Smith,
James Robinson, Charles A. Semlin. Of that number of well known British
Columbians, many of whom were or afterwards became prominent in public
affairs, the following are still living: George A. Walkem, recently retired
from the Supreme Court bench; Joseph Hunter, for many years Superintendent
of the E. & N. Railway; John A. Mara, ex-Speaker, and ex-member of the
Dominion House of Commons; W. J. Armstrong, ex-sheriff of New Westminster;
J. F. McCreight, retired from the Supreme Court bench; Robert Beaven, who
for many years occupied a seat in the House, was Premier and several times
Mayor of Victoria; W. F. Tolmie; and Charles A. Semlin, of Cache Creek, who
was Premier succeeding Hon. J. H. Turner, and for many years a member of the
Legislature. Seven of the number became Premiers of the province.
It was not long before the question of the Canadian
Pacific Railway began to give cause for trouble, which existed in a more or
less aggravated form for seven or eight years. Few people, even in .British
Columbia, imagined that the terms of union, so far as the railway was
concerned, would be, strictly adhered to, but of course they expected a bona
fide attempt to commence and complete it within the time specified. Few
people, either, probably had considered fully the magnitude of the
enterprise and the difficulties to be overcome. Sir Joseph Trutch, one of
the delegates, was fully cognizant' of the difficulties, however, when he
made a speech at Ottawa in reply to the toast to his health at a banquet
given in his honor before his visit to England. Speaking about the limit of
time, he said: " If it had been put at twelve or fifteen years, British
Columbia would have been just as well satisfied, and if the estimated period
had been reduced to eight years it would not have been better pleased. But
some definite period for the completion of this work the delegates from
British Columbia insisted upon as a necessary safeguard to our colony in
entering into the proposed union. To argue that any other interpretation
will be placed upon this railway engagement by British Columbia than that
which I have given to you as my construction of it, to argue that she
expects that it will be carried out in the exact interpretations of the
words themselves, regardless of all circumstances, is a fallacy which cannot
bear the test of common sense. I am sure you will find that British Columbia
is a pretty intelligent community, which will be apt to take a business view
of the matter. She will expect that this railway shall be commenced in two
years, for that is clearly practicable, and she will also expect that the
financial ability of the Dominion will be exerted to its utmost, within the
limit of reason, to complete it within the time named in the agreement. But
you may rest assured that she will not regard this railway agreement as a '
cast iron contract,' as it has been called, or desire that it should be
carried out in any other way than as will secure the prosperity of the whole
Dominion, of which she is a part. I have understood this railway engagement
in this way from the first, and still so understand it."
This statement of Sir Joseph Trutch is most important to
keep in mind. At a later date it was quoted in justification on the part of
the Dominion Government for the delay in fulfilling the terms of union in
regard to the building of a railway as agreed upon. In the next chapter the
sequel to Confederation in the long and sore dispute over the construction
of the Canadian Pacific Railway is dealt with at some length. Between that
and the personal reminiscences supplied by Mr. Higgins in a previous part of
this history, a very complete record is supplied of a memorable and crucial
period in affairs of the province. |