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were simply asked to implement an agreement to which both houses of Parliament had unanimously come and which it was decided they had not the power to come to. Therefore it was simply legalizing their previous action. It might have been better even then to have proceeded by address. And he admitted frankly it should be so whenever a change was wanted. If the hon. gentleman pressed his motion they could only say they must treat it in the usual way as one that seemed to be entirely uncalled for.

Mr. KIRKPATRICK said as the hon. gentlemen had admitted that they had done wrong and were sorry for it, he

would withdraw his motion as his ob

ject had been accomplished by bringing

the matter before the House.

Mr. BOWELL objected to the withdrawal of the motion. He thought it was well to consider the position of the present Minister of Justice and the present Premier on this subject when they were on the other side of the House. They did not now appear to be so anxious to carry out the principles they advocated then. He could not see that any distinction could be drawn between the positions. in which the hon. Premier had placed this question. He said that the Imperial Parliament had only made law that which was not law and which was ultra vires in its character. Therefore, they asked the Imperial Parliament, without the consent of this Parliament, to make that law which they had no right to make law.

Hon. Mr. MACKENZIE-No!

Mr. BOWELL said it would not have been law unless this course had been taken, and it was conceding the point that the Imperial Government had a right to legislate for Canada.

Provinces of the Dominion. He believed, however, that there were occasions when this Legislature might fairly address Her Majesty in regard to Bills, the validity of which were questioned, without reference to the Provinces, but with the greatest circumspection.

Hon. Mr. BLAKE pointed out that that they had a common object in this matter, and suggested that it would be

more advisable to withdraw the motion than to allow it to be lost on a division.

Hon. Mr. BLANCHET said the

design of the Imperial Act was to increase the power of the Dominion Parliament, and it was in the increase of power that he saw the danger. For instance, if the Dominion Government passed an Order in Council asking the Imperial Government to give them power to deal with questions of education which were within the purview of the Provincial legislatures, what would the people of the provinces say?

Hon. Mr. MACKENZIE-I admit

the danger of it in relation to the provinces, but this was not of that nature at all.

statement of the Hon. Minister of JusMr. BOWELL, in answer to the tice that the Act in question was not referred to in the Minute in Council, Lord Dufferin and forwarded to Earl said that in the despatch signed by Carnarvon, he found the following language:

"Although the point has not been touched upon by my Privy Council, I am anxious to draw your Lordship's attention to the fact that the same considerations which led the Crown to disallow the Oaths Bill of the Session of 1873 seem also applicable to the powers which for some time past have been vested in the Senate under an Act of Canada of 1868 [31 Vict., cap. 24.]"

In the report of a Committee of the Privy Council, he found the follow

Hon. Mr. BLAKE said the Act in question was not referred to the Minute in Council, and no recomendationing:— was made by this Government with regard to the Senate Bill for the legal

ization of oaths.

Sir JOHN A. MACDONALD deprecated any infringement upon the provisions of the British North America Act in a manner in which would interfere with the rights of the different

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"The despatch further stating that by an 24], provision was made by the first section Act of the Canadian Parliament of 1868 [ch.

for examining witnesses upon oath at the Bar of the Senate, and that Act had been allowed to remain in force,' and pointing out that that section was void and inoperative as being repugnant to the provision of the British North America Act, and cannot be legally acted upon."

This showed that although the Imperial Government was not directly asked to legalize that Act their attention was called to it in such a way as to indicate to them the necessity of allowing it to remain law. He did not desire to place Parliament in a false position on the question. It should be remembered that when the hon. member for Chateauguay made his motion in reference to the North-West Territory Bill the Ministry rose in their places and acknowledged the error they had committed by the fact that they voted in favour of the motion. They had the same power to have rejected that motion as the hon. gentleman had to_reject the motion before the House. But the Government did not wish to have their names recorded against a motion, the principle of which they themselves had affirmed. They said: "If you put "it in the manner you now put it, it "must be regarded as a vote of want of "confidence. Now the late Government accepted motions on going into Committee of Supply, and declared that they did not regard them as votes of want of confidence.

Hon. Mr. BLAKE-But they were not motions censuring the Government. Mr. BOWELL said it was always contended that this was the way in which they could bring such questions before the House, and that the Government of the day had no right to regard them as votes of want of confidence.

The House had an example that the Government could, when it suited suited their convenience, accept such motions as votes of want of confidence. Only last night they had voted down the same principle they had before afirmed. However, if those who had more experience than himself did not believe this motion should be pressed, he did not object to its being withdrawn. The motion was accordingly withdrawn.

THE BAIE VERTE CANAL.

Mr. BURPEE (Sunbury) said he wished to draw the attention of the House before going into Committee of Supply to the absence of any item in the estimates for the Baie Verte Canal. Mr. BOWELL- Another want of confidence motion?

Mr. BURPEE said it was not, but it was quite as important as any subject. which had been brought before the House this Session. It had occupied public attention in the Lower Provinces for many years. It had been brought before this House several times, and sums had been placed in the estimates for its construction. The utility of the canal would strike any person who would take the pains to look at the map of the country. It was requisite to facilitate intercolonial trade, without which the union of the Provinces would be but nominal. Before Confederation a proposition was made to the Local Legislature to charter a company to build this great work. The argument used at the time against granting the charter was that Confederation was about to take place, and the Federal Government could undertake the work. The two great improvements spoken of in New Brunswick before the union, were the Intercolonial Railroad and the Baie Verte Canal. The Intercolonial was made a condition of Confederation, and although the canal was not, it was understood it was also to be constructed. Great stress was laid on the Intercolonial railway particularly, and it was distinctly understood that a commercial route would be selected. Mr. Tilley refused to become a member of the Government until an assurance was given that the road would be built as a commercial work. He (Mr. Burpce) did not hesitate to say, if the people of New Brunswick had not been satisfied that this point was settled and that the construction of the Baie Verte Canal would be proceeded with, they would never have consented to the Union. It was well known that for the Intercolonial Railway a military and not a commercial route had been chosen. The line might have been run by the southern route, which would have brought it much nearer to St. John without increasing the distance to Halifax. If that route had been chosen on line No. 3 of Mr.

Fleming's Report, which is known as the Northern line, the road would have been 185 miles nearer St. John and one mile nearer Halifax. By line No. 10, one of Fleming's centre routes, 64 miles nearer to both cities; No. 8 line of Fleming's report, 142 miles nearer St.

John and 21 miles nearer Halifax; No. | 6 line, 106 miles nearer St. John and 12 miles further from Halifax.

The advantages to be derived from the Baie Verte Canal were unquestioned at the time of Confederation. Scarcely anybody raised a voice against it, and Mr. Young, at the meeting of the Dominion Board of Trade in 1871, spoke as follows:--

"But there can be no doubt that the inland propeller can descend the St. Lawrence and go direct to Halifax, in Nova Scotia; and this fact brings up other important considerations. Among projected canals there is the Baie Verte Canal, to connect the Bay of Fundy, on the Atlantic, with the Straits of Northumberland in the Gulf, and the Murray Canal, to connect the Bay of Quinte with Weller's Bay on Lake Ontario. If the Baie Verte Canal is possible of construction, the work will be highly important, and, in its results, of a truly national character in all its respects. The City of St. John, in New Brunswick, as well as all other places on the Bay of Fundy, would be brought 430 miles nearer Montreal, Quebec or Toronto for the water-borne vessels, than at present; and if such a canal were constructed, the propeller of 900 tons sailing from Lakes Superior, Michigan, or Ontario, could proceed direct to Halifax or St. John with Western States or Canadian products.

"It would be difficult to point out all the advantages which would result to Prince Edward Island, Nova Scotia and New Brunswick, by the construction of the Baie Verte Canal. If the 900-ton propeller could deliver western or Canadian products at Halifax or St. John, these places would thus become cheap depots for such products. Assorted cargoes of fish, hoops, shooks, lumber, &c., could be made up at these ports for the West India Islands and South America, and could bring back return cargoes from these countries of sugar, coffee, hides, tallow, etc., to be again re-shipped as return cargo to Canada and the Western States by the inland propeller, and thus be delivered at less cost by such means than by any other possible route."

He also quoted from the report of Mr. Patterson, in his report of the commerce of Montreal, for 1869, as follows:

"The value of the proposed canal, in more intimately connecting all the Provinces, must be evident to all who have examined the geographical situation. At present there is little or no community of interest between the portions of the Provinces on the Bay of Fundy and those on the Gulf,-although separated by but a narrow strip of land. For want of a few miles of canal navigation, a profitable development of the fisheries by the people of New Brunswick and Nova Scotia is seriously hindered; the fishermen of Cape Ann, in Massachusetts, being nearer the valuable mackerel fisheries of the Gulf of St. Lawrence than the Canadian fishermen who live on the Bay of Fundy. By means of the proposed canal the waters of the Bay and Gulf would be united, and the fisheries brought within the reach of the fishermen of all the Provinces ;-passing

easily, so to speak, from one sea to another as the fishing season might render necessary.

In 1870, Messrs. Allan, Gzowski, Calvin, Laidlaw, Garneau, Stairs and Jardine, were named, by the Dominion Government, Commissioners to institute and make a thorough enquiry on a comprehensive improvement of the canal system of the Dominion, and were instructed to report "On the construction of a canal through the Isthmus dividing the Bay of Fundy from the Gulf St. Lawrence at Baie Verte."

Those gentlemen in their report stated:

"Inseparably connected with the growth of intercolonial trade is the construction of the Baie Verte Canal. The advantages that must accrue, not merely to the Dominion as a whole, but to the commerce of the Maritime Provinces, are so clearly pointed out by the Boards of Trade of all the leading cities of Canada, and by men interested in the development of our commercial cities-not simply the merchants of St. John and other places in the locality of the proposed canal, but merchants of Hamilton, Toronto, Ottawa, Montreal and Quebec-that it is superfluous for the Commissioners more than briefly to refer to a few salient features of the scheme.

"A steamer laden with flour for St. John, N. B., now goes down the Gulf as far as Shediac, where the cargo is transported by rail to its destination. The total distance by water from Shediac through the Gut of Canso and round the coast of Nova Scotia to the Bay of Fundy, as far as the commercial capital of New Brunswick, is about 600 miles, and the consequence is that there is little or no direct communication between the Bay of Fundy ports and those of the River St. Lawrence.

"By a canal through the Isthmus, from Shediac, the distance to St. John will not be

more than 100 miles. This fact will show the insuperable obstacle that now exists to anything like extensive commerce between Montreal and the Bay of Fundy ports of New Brunswick and Nova Scotia, and the great impulse that must necessarily be given to the trade by the opening out of a route which will shorten distance so considerably, furnish an inland navigation from the lakes to Boston, and consequently lessen freights between those points at least twenty-five per cent."

In consequence of this report, surveys were ordered and a vote was put The Government in the estimates. gave notice in the Canada Gazette that at a certain date they would advertise for tenders for construction of the work. He confessed he was surprised at the Opposition to that work developed in the House by some members from Nova Scotia. It was also said some of the promoters of the Caughnawaga Canal lent aid to that Opposition.

In this House the hon. member for Halifax gave the work his unqualified opposition, and other hon. members from the same Province, one after another, rose in their places and denounced it, and were supported by some influential members from other Provinces. Members from Cape Breton gave as a reason why Government should consider liberally the improvements on St. Peter's Canal, and other Nova Scotia public works, that they had combined and killed the Baie Verte Canal. Witnesses from Nova Scotia, before the Commissioners, had said that they would rather have the lic works; and this avaricious principle $8,000,000 spent upon their own pubdid more to destroy and weaken this great work than all that was urged against it. The canal, if built, would cross the narrow neck of land near the line between the Provinces of Nova Scotia and New Brunswick, and the scheme was opposed by Nova Scotia members, because they feared that its construction would cause the loss of considerable trade which Halifax and various ports in that Province at present enjoyed. Vessels were now compelled to pass around the dangerous coast of Nova Scotia to reach St.

John, the western ports of Nova Scotia, small ports of New Brunswick, and ports east of New York on the American side. A strong rivalry naturally existed between the cities of Halifax and St. John, and this had its effect in strengthening the Opposition in question. The opponents of the scheme had canvassed against it; and a memorial signed by nearly all the members for Nova Scotia, directed against it, had been presented to the Government. The inducement very generally held out was, that if this project were killed the appropriation of eight millions could be utilized for the construction of local works in the Maritime Provinces; and this was a most vicious and mischievous argument. He, with certain hon. gentlemen from New Brunswick, had asked the Premier if the canal was to be abandoned, and the money appropriated for it so distri buted; and the answer had been, that if the project was given up it would make no differencǝ with regard to the treatment of claims for the construc

tion of public works. The result of the Opposition had been this: a commission was appointed to enquire into the matter. The Commissioners were Hon. Mr. Young, of Montreal; Hon. W. P. Howland, of Toronto; Mr. C. W. Lawrence, of St. John's, N. B., and Mr. Jack, of Halifax. Their conclusions were:

“That the canal, if built, will be 15 feet deep and 100 feet at bottom, and cost $8,000,000. America, the West Indies and Newfoundland, "That, for the trade of Great Britain, South

the canal is not required.

"That the trade of Prince Edward Island with Great Britain does not require the canal, which would not be of much advantage to

be the effect of the enlargement of the Welthat Island.

"That it would be difficult to say what would

land and St. Lawrence Canals when completed, on the question of transportation between the Upper Lakes and the Maritime Provinces.

"That it was doubtful whether a route via

the canal could successfully compete with railroad routes now built and being built, or routes by railroad and water mixed in vessels. now being used in those Provinces; and that the evidence taken and observations made impressed them deeply with the vast resources of New Brunswick, Nova Scotia and Prince Edward Island, and the large increase that may be reasonably looked for in their trade and commerce."

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He would remark that the Chairman signed the report without any referof the Commission, Hon. John Young, ence to any other report, though one of the Commissioners, Mr. Lawrence, dissented from it, and published his had read the minority report with a reasons for doing so. He (Mr. Burpee) great deal of interest, and he thought

that the Chairman had done this Commissioner an injustice in abstaining from making either a direct or indirect reference to his report.

Hon. Mr. MACKENZIE-Allow me to state that Mr. Lawrence was requested to send in a minority report. to be printed with the other. He refused to do so, and no one is to blame for the omission save himself.

Mr. BURPEE said that might be true, but, notwithstanding, Mr. Young should have given the fact in his report that theCommittee were not unanimous He could not understand why the question of trade with South America and Great Britain had been considered by the Commissioners, as no one had ever claimed that the canal, if

made, would be of any advantage in this relation. With regard to trade with Newfoundland, it was a disputed matter, but parties claiming to be good authority on the trade with Newfoundland gave it as their opinion that if the canal was constructed a considerable trade would spring up between the Bay of Fundy and that colony The report stated that the canal would be of no benefit in regard to the West India trade, but other high authorities took opposite ground.

As far back as 1827, the New York Albion wrote:

"Would not the Mother Country grant a sum in aid of the Baie Verte Canal, since it would make St. John an excellent depot for articles of prime necessity in the West Indies? If once opened, the produce of Canada, Prince Edward Island, the coast of Labrador, and that of her own soil, would concentrate at the Capital of New Brunswick, it would be equally the mart for return cargoes of West Indian Produce."

The agreement in sentiments between the President of the Dominion Board of Trade, 1871, and the New York Albion of 1827, is as striking as the views are reasonable.

The Canal Commission, 1871, says: "The Ontario and Quebec merchants can supply the firms of St.John interested in the West India trade, with the description of merchandise for which there is an ever ready and remunerative market in the tropics, and in that same way get back sugar, molasses, and other West Indian and South-American produce, which is now supplied indirectly to so large an ext nt through the United States.

"In the enquiry as to the probable prospective increase of trade with the West India

Islands and South America, the views of the authorities cited above must carry great weight. In their opinion, if Canada is to build up a British and Foreign West India trade for her Western products, she must have Maritime depots.

"The Baie Verte Canal is regarded by them as indispensable to the extension of the commercial relations of Canada with the British and Foreign West India Islands.

"The construction of the Canal should not be dependent on the extent of the existing trade between the Dominion and these Islands, but on the trade which the Canal will create."

Mr. Young also gives it as his opinion that very little trade would go through the Canal from Prince Edward Island at present. If there was reciprocity with the United States there would be a large trade through the

Canal. At present there was not very much trade there, although there was a considerable amount of trade between Prince Edward Island and St. John. Reciprocity with the United States was almost indispensible to the trade of Prince Edward Island. With reference to the trade with the Bay of Fundy he had already referred to that. The fact was that trade with the Bay of Fundy with the Upper Provinces was almost entirely shut

out for the want of this canal.

Hon. Mr. MACKENZIE said that, perhaps his hon. friend would postpone his remarks until Monday. He did not anticipate the hon. gentleman would occupy so much time, and as there was so much other business before the House, he would ask the hon. gentleman to proceed with his speech on Monday.

Mr. BURPEE acceded to the request, and the matter was postponed.

THE SUPPLEMENTARY ESTIMATES. Hon. Mr. CARTWRIGHT moved the House into Committee of Supply on the Supplementary Estimates,-Mr. Young in the Chair.

THE NORTH-WEST MOUNTED POLICE.

On item No. 6, appropriating $119,435.32, to provide for further expenses for current fiscal year, in relation to the North-West Mounted Police,

Hon. Mr. MITCHELL said this seemed to be a very large amount. He found that the sum already voted for the militia service this year,showed an increase of $107,000, and the sum asked for now, added to the former vote, would show an increase of over a quarter of a million.

Hon. Mr. CARTWRIGHT said that these votes were up to the 30th June. The votes the hon. gentleman had referred to were for after 30th June.

Hon. Mr. MITCHELL-Then the amount actually expended during the current year will be $345,000. Hon. Mr. CARTWRIGHT-Nearly arrears which were so, including carried forward.

Hon. Mr. BLAKE pointed out that owing to the difficulty of getting in these accounts they had run from one

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