DIARY OF THE CONFEDERATION NEGOTIATIONS, 1870

[The narrative diary resumes.]

Saturday. [June 25.]

Met the Council to-day. The Honble. Mr. Tilley read over the draught of the Resolutions which the Government were prepared to adopt. The population to be 60,000, they could not give the 120,000 for reasons before asked. The debt to be allowed to be at the rate of $27.77 per head, 5 per cent to be allowed upon the smaller amount of indebtedness of the Colony.

 The Council would not agree to increase the rate of $35,000. If they did the other colonies or provinces would require the same, besides we, they conceived, had a very good bargain without, always remembering that we were to have $100,000 per annum for roads.

The Council would not accede to the desire to increase the 400,000 to 1,000,000 people. There was no reason why they should do so, if they did the other provinces would complain, and the Govt. could not probably carry it through the house.

With regard to the Dry Dock, they did not wish to grant it, because it was purely a local work. If they granted it to B.C. every other province would require the same thing. It was not the amount they dreaded so much as facing parliament with so unusual a demand. They understood the whole subject of the benefit to be conferred upon the Colony and through it upon the Dominion. After long argument on both sides and cold determination on ours, a modification of the clause was agreed to, making the limit of the guarantee ten years, and that being considered preferable to the indefinite period "the completion of the Railway."

Court of Appeal was struck out because the judges must be paid by the General Government, but the local Government establishes the Court.

A very long discussion took place about the Telegraph service but Sir George Cartier decided it, by saying the Telegraph would be valuable and fall in with the plan of the Govt. to build a Telegraph to Red River, from there to B.C. would follow, so the Telegraph was taken over.

With regard to Steamboats we reminded them that they had previously agreed to allow us mail communication with Puget Sound; so they consented to put it in altho at the same time demurring very much.

Of course the Railway had been previously agreed upon by the Govt., who still seem enthusiastic upon the matter. The resolution was drawn up by Mr. Trutch to-day, and was considered the best that could be had under the circumstances.

The Wagon road could not be allowed, could not be carried either in the Council or the House. Having granted the Railway the other must be considered a local work. We should not attempt to press the govt. too much.

The erection of Lunatic Asylums did not belong to the Dominion, but they had no objection to a ward of the hospital being appropriated thereto if found advisable, but with regard to the Marine Hospital they did not wish to stipulate to build one specially, as the Organic Act1 provided for it. They might put their seamen in an ordinary hospital and pay for them. We told them this was the very thing we did not want, but exactly vice versa and moreover we wished to establish a Med[ical] and Surgical school in connection therewith. It was promised that a resolution should be drafted conveying the obligation to build. The penitentiary was also in a similar category. They had to build it in accordance with the terms of [the] Organic Act and no doubt would do so.

Coast mail service, after various explanations, granted.

Sec[tion] 11 not considered applicable to B.C. altho it was to Newfoundland, therefore expunged.2

12. The Govt. had nothing to do with immigration, but the Provinces had, the clause must be expunged.3

With regard to Senators, it was agreed that they might be taken from any place or places in B.C. With regard to the qualifications of members of the Commons it was left to the local Govt., because the General Govt. had no law upon the subject.

Clause about volunteers considered unnecessary.

With regard to Tariff the draught was read and thought to answer, it being in accordance with the Terms previously agreed upon, but it was decided that all domestic productions must be admitted duty free.

The Fishery laws of the Dominion would not apply to B.C. until made to do so by an order in Council.4

The laws in force in B.C. would continue until altered by the Govt. of [the] Dominion.

The subject of tariff I broached again but there is an evident reluctance to grant the request.

Mr. Tilley now informed us that the Council would privately consider the resolutions arrived at. On Monday we should be furnished with a clear copy and probably on that day we should be called together and the government or rather privy Council would make a minute upon their journal of the whole transaction.

The Council have sat four hours then adjourned, but not before the subject of Govt. Resp[onsibility; i.e., Responsible Government] had been talked over, but we were obliged to wait for telegram from Governor.5

With regard to the million dollars for the Railway. The Govt. did not intend to do the work so could not agree to the item, as they could hardly make a contract to that effect even with contractors. The Government of [the] Dom[inion] was quite as much interested in this question and as anxious for the completion of [the] Railway as the Delegates, as something- must be trusted to their honor.

With regard to material guarantee of money. The Delegates thought that the first thing to be kept in remembrance was to have the Railway commenced from B[ritish] Columbia. Whilst the agreement considered it would be a breach of honor and of the agreement not to carry it out, if not carried out the people of B.C. had just cause of complaint, even for asking separation, and no doubt the Dominion Govt. would do something for them in compensation for the injury resulting from the non-commencement of the Railway.

On the other hand to put in a forfeiture, which, however, the Govt. would not agree to, was to offer an inducement not to commence the road on the Pacific coast, at all events it might so happen that a few thousand dollars forfeiture per annum would be rather borne than carry out the agreement.

On the other hand it would be very easy to commence the work on the Pacific and do very little. What is a commencement and continuous working. It might mean anything. Considering then that the first object to be held in view was the commencement of [the] Railway on [the] Pacific, we considered it more advisable to rely upon the honor of [the] Govt. to fulfill the treaty and secondly if for some cause it was not, to leave it to the people of the time to decide for themselves what demand they would make or what steps take in the matter.


June 2- June 27

Notes.

  1. That is, the British North America Act, 1867.
  2. This clause asked that the Dominion Government extend "in similar proportion to British Columbia" whatever "encouragement, advantages, and protection" it afforded to the fisheries of any of its Provinces.
  3. A similar request that British Columbia should participate in any measures or funds appropriated by the Dominion for the encouragement of immigration.
  4. The final Terms of Union stated that Canada would "assume and defray the charges for" certain stated services, including "Protection and encouragement of fisheries." No attempt was made to define either Dominion or Provincial responsibility or jurisdiction, and fisheries questions have since been taken to the Privy Council at least twice.
  5. No explanation of this reference seems to be available.

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