An Unexpected Incident of Confederation in Nova Scotia

During the 1866 session, Nova Scotia faced a critical decision regarding Confederation after New Brunswick’s rejection of the Quebec scheme. William Miller unexpectedly proposed a resolution supporting a federal union, catching Dr. Tupper off guard. Tupper swiftly introduced a similar resolution, leading to its adoption by the House of Assembly. Miller’s support, along with others, secured the resolution’s passage, despite initial opposition. However, suspicions arose regarding Miller’s motives, with accusations of bribery and betrayal circulating.

Miller defended himself, claiming he acted on information that Anti-Confederate leaders were considering accepting Confederation. Samuel MacDonell corroborated Miller’s account, suggesting Annand’s potential involvement in negotiations. Yet, there is uncertainty about the truth of Miller’s claims and Annand’s intentions. While Annand faced insinuations of betrayal during the debate, there is insufficient evidence to support the allegations. Ultimately, Miller’s proposition played a crucial role in Nova Scotia’s path towards Confederation, highlighting the complex political dynamics and personal motivations at play during this pivotal period.


“It will be remembered that while the Canadian parliament adopted, by large majorities in both Houses, the scheme of Confederation agreed upon by the delegates from the several provinces at the Quebec Conference, the parliament of Prince Edward Island rejected it; and the people in New Brunswick, to whom it was submitted by the Government of that province, by an enormous majority voted against it. Without New Brunswick the proposed union was for Nova Scotia impossible.”

“What would the Legislature of Nova Scotia do during the session of 1866, now that New Brunswick’s position had changed? It was notorious that a majority of the House of Assembly were strongly, perhaps I might say irreconcilably, opposed to the Quebec scheme. Adroit and able as Dr. Tupper was, he was unable to discover any method by which he could secure a favorable vote. From February 22nd, when parliament opened, until April 3rd, so far as the records show, the question of either the larger or the smaller union was never mentioned. On that memorable day William Miller, member for Richmond County, afterwards Senator Miller, rose in his place; without any previous notice of motion, but bringing himself within the rules of the House by making an enquiry of the Government, he made a long speech in which, while still affirming his determined opposition to the Quebec scheme, he promised the Government his cordial support, (Debates, House of Assembly (1866) page 189) “if they will publicly abandon the Quebec scheme and introduce a resolution in favour of a Federal Union of British North America leaving the details of the measure to the arbitrament of the Imperial Government properly advised by delegates from all the provinces.” Miller was supported by Samuell MacDonell, one of the members for Inverness County, whose opposition to Confederation in any form had previously been most pronounced. Dr. Tupper, though-as he afterwards solemnly deposed-taken completely by surprise at this volte face on the part of Miller and MacDonell, was not slow to take advantage of it. Within a few days he introduced a resolution along the lines suggested by Miller. It read as follows:

Resolved that His Excellency the Lord Governor be authorized to appoint delegates to arrange with the Imperial Government a scheme of union which will effectually secure just provisions for the rights and interests of this province; each province to have an equal voice in such delegation, Upper and Lower Canada being for this purpose considered as separate provinces.

(Curiously enough, this resolution does not appear in the official reports of the Debates for 1866; but it will be found on page 5 of the Debates for 1867) …

It was the fateful resolution for Nova Scotia; its far reaching effect cannot be overestimated. Howe once referred to it as, “the resolution brought in by Dr. Tupper at Mr. Miller’s instance which led to the English convention and the passage of the Act of Union.” (Letter to Men of Hants Chisholm’s Speeches and Letters of Howe. Vol. 2, page 586.) Miller himself wrote of himself; “while a member of the Nova Scotia Assembly he rendered signal service to the cause of Union, being in favour of Confederation, but opposed to the financial scheme of federation. I t was on his initiative and with his assistance that the compromise was effected, whereby the delegation to England was appointed in 1866 in order to secure, under the auspices of the Imperial authorities, such modification of that scheme as would make it more acceptable to the people of Nova Scotia; to this action was really due the acceptance of the union by the Legislature of Nova Scotia at a time when the project appeared to end in inevitable failure.” (Morgan’s Canadian Men And Women of our Times, page 805.) It was adopted by the House of Assembly by a vote of 31 to 19 in the majority appear the names of at least four, besides Miller and MacDonell, who had previously expressed their opposition perhaps not to union in the abstract, but to that union formulated by the Quebec scheme. Even so, as a certain staunch admirer of Dr. Tupper, though one differing from him politically, wrote: (Longley’s Howe. in “Makers of Canada,” page 188.) “Only by the extensive exercise of the patronage of the Government, and by every bold measure which it was possible for an indomitable man to exercise, he secured the passage of this resolution.” But not by patronage nor promises nor appeals to party loyalty could all his followers be induced to support it. The· name of such an encrusted old Tory as James Fraser (Downe)” one of the members for East Pictou, will be found in the minority.

Howe was occupied with his duties as Fishery Commissioner till midsummer of 1866, and Miller up till this time, while never considered or named as the leader of the Anti-Confederates, was their most convincing and powerful speaker. It was he that was chosen, along with Messrs. A. G. Jones and W. J. Stairs, to lay their case before the great demonstration in Temperance’ Hall, Halifax. It was he that they sent into Lunenburg County in a by-election to conduct the campaign for their candidate, and to win a very handsome victory even against the doughty Dr. Tupper himself. Miller was not a strong party man; he boasted that he recognized no leader, and had never attended a caucus in his life; but no one had more often broken lances with the Government. He was not what nowadays would be called “a good mixer”; he dwelt apart, and prided himself on his aloofness; he was regarded by none with great liking, not to say love or devotion. Possibly this accounts for the fact that few, if any, gave him credit for sincerity in his conversion write “conversion” though Miller always maintained there was no change in his opinion or conduct in offering his support to the Government in the way he did. At once it was assumed that he had fallen under Dr. Tupper’s influence and had made a corrupt bargain with him. He was hardly in his seat when William Annand, an outstanding figure among the Anti-Confederates, from his seat said, referring to Miller do not know the influences that are at work, but I can imagine them” a remark which Dr. Tupper rightly interpreted as an insinuation that Miller had been bribed. Some years later Annand stated in the Morning Chronicle, which he then owned and controlled, that Miller had been bought by Dr. Tupper. Miller sued for libel, and Dr. Tupper was called as a witness. Both he and Miller swore positively that not a single word had passed between them on the subject, and Dr. Tupper went on to say that no man in the House was more astonished than he when Miller made his proposition. At the time, on the floor of the House in the most solemn manner he had made the same statement 7, and it shows the deep-rooted nature of the suspicion attaching to Miller’s action that it became necessary to repeat it.

I knew Senator Miller, but not well enough to examine him about any political matter, let alone one on which he was known, and with reason, to be sensitive. MacDonell during the later years of his life I came to know intimately; and once, while spending an evening with me, he gave me his apologia pro vita sua-his political life, I mean. I particularly asked him how and why on this occasion he had come to Miller’s support, and to use his own expression, had “seconded the resolution that brought Nova Scotia into Confederation.” His reply, to put it mildly, was startling. He said:

Miller came to me one day and told me he had learned on the very best authority that Annand and other leaders of the AntiConfederates were negotiating with the other side and planning to accept Confederation; that in consequence Confederation was bound to come; and we (he and MacDonell) had better get into line or we should be left out in the cold and lose all chance of obtaining any of the good positions. I could not believe him. But two days later Miller again came to me, assured me he knew Annand was making terms with the enemy, and we must move quickly if we were to anticipate him. He told me his plan was to propose that the Quebec scheme be abandoned and the whole matter referred to the Home Government. As that Government was known to be strongly in favour of Confederation, such a pro- position was tantamount to accepting Confederation. I eventually agreed to support him, and did so. Miller made a good speech -he was one of those men who could speak well under any circumstances. I was speaking against my convictions and spoke very badly.

None who knew MacDonell would question his word. For myself, I have no doubt whatever that Miller did approach him as he said, and did tell him that Annand was about to strike his colours. But that does not mean that Annand really had this intention. Miller may have been misinfonned; or worse, may have been stating what he knew to be untrue. I feel quite sure that MacDonell in after years had adopted the latter alternative. If it were so that Annand was about to “rat”, I cannot help thinking he would have been taxed with it by someone in the course of the debate that followed upon Miller’s proposition. I have carefully read the official report of that debate-interesting reading it is, 60 years after-and can find nothing positive of this nature asserted against Annand. The only possible colour to the story from the debate is to be found in two statements of the Attorney-General, Hon. W. A. Henry:

I will only say at present that it looks to me very much as if the hon. gentleman (Annand) all along had this object in view; only wait, says he, until three or four of us who have been opposing Union can be convinced by some means or other, then we are all right. That is the substance of the hon. member’s remarks. If two or three gentlemen could only be induced to assist the friends of Union, then there will be no difficulty about a reference to the people.

I ask the hon. member (Annand) to consider the position he occupies on this question. I am prepared to prove by the most conclusive evidence that the hon. member within the last two or three weeks would have been willing to go for this very resolution without any stipulation as to an appeal to the people.

It would be a strained interpretation of these extracts to say that they charge Annand with being ready to sell out his party and leave it in the lurch, and there is no other evidence against him. We must, I think, exonerate Annand from any suspicion of treachery or bad faith. As for Miller, let us give him the benefit of the doubt, and say he was mistaken.

Patterson, G. “An Unexpected Incident of Confederation in Nova Scotia” Dalhousie Review, Volume 07, Number 4, 1928 https://dalspace.library.dal.ca/bitstream/handle/10222/57109/dalrev_vol7_iss4_pp442_446.pdf?sequence=1&isAllowed=y

Review Article: Confederation

“It will be a salutary experience for the post-World-War II generation to be reminded that “the Maritimes” is not a homogeneous unit with a common tradition. There were considerable differences in the views held by each of the maritime colonies and there were, especially within the oldest of these, deep divisions of opinion. This division of opinion was usually well expressed in their press. The four colonies together supported more than eighty journals-Halifax itself, with a population of only 30,000, had eleven-and Dr. Waite, speaking through them, describes brilliantly the interplay of local and national forces and reveals the negative as well as the positive influence of the papers and their editors. But his treatment of the eastern colonies (Chapters XIXIV) is perhaps less interesting as an example of the opposition of Howe and other English-speaking British Americans to confederation than it is in pointing up the role of external forces in the success of this grand enterprise. Confederation would never have occurred in 1867 had it not been for the policies and decisions arrived at in Great Britain and the United States. The author may have found space for only some twenty pages to describe the relations of British North America with Great Britain (III) and with the United States (IV) and for another twenty to introduce the effects of the Fenian invasions (XV), but the import of these cannot be measured by these few pages”

Ostry, Bernard “Review Article: Confederation” Dalhousie Review, Volume 43, Number 3, 1963 https://dalspace.library.dal.ca/bitstream/handle/10222/62721/dalrev_vol43_iss3_pp397_402.pdf?sequence=1&isAllowed=y

Anti Lyrics No. 1 – from “Some Nova Scotian Poets of Confederation”

Tho’ felon hands have forged a chain,
In slavery to bind us;
We yet shall snap the bonds in twain,
And cast the links behind us.

With lying lips and guileful tongue
They laboured to enslave us;
Until those rights from us were wrung,
Which our forefathers gave us.

Our noble country they would grasp,
With tyranny enthralling;
While we in bondage sore must grasp
Beneath a rule so galling.

To traitors we must bow the knee
In humble supplication –
Shall we who lately were so free
Brook this humiliation?

Forbid it heaven, and all true men
Endowed with powers of reason!
No, we must have our own again
In spite of fraud and treason.

Our cry will reach the mother shore
Against the violation
0f all we held so dear of your,
By this Confederation.

For Britain was by lies deceived
When she did pass the measure
That our escutcheon fair defiled
And robbed us of our treasure

Born freemen, freemen we will die,
Part of a glorious nation
Then let each loyal subject cry
‘Confound· Confederation!’

For felon hands may forge a chain
In slavery to bind us;
But we will snap their bonds in twain,
And cast the links behind us.

Fred. (?) Morning Chronicle, December 24, 1867

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

Anti Lyrics No. II – from “Some Nova Scotian Poets of Confederation”

But one short year, and oh the change
Which darkly shades our country’s brow!
Once free as mountain eagles range
How low the droop in sadness now!

When dawned the morn of ’67,
Fair and most prosperous was her state,
No happier country under heaven,
Look at her now in ’68!

The bright-eyed goddess weeps to see
Her children humbled in the dust
Marveling that such things could be
Such evils wrought by hands accurs’d.

That such a country, such a race
Could fall so far and sink so low?
And yet live under the disgrace
Without one liberating blow.

Deep burns the wound in every breast
Which freedom warms amongst us all;
And ne’er can we know peace or rest
‘Til we retrieve our grievous fall.

But whilst we live and hand to hand
And foot to foot can wage the strife,
We’ll battle for our native land
And yield the struggle but with life.

No tyrants o’er this land may reign,
Or drag its standard in the dust.
We’ll conquer and our rights maintain
Because our cause is good and just.

Anon. (Fred. ?) Morning Chronicle, January 3, 1868.

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

Anti Lyrics No. III – from “Some Nova Scotian Poets of Confederation”

Among the strange things that we see
Are quondam traitors like McGee,
Prating to us of liberty.
With him were England’s crosses, bars
Made red with impious wars –
The gods she worships – Mamon -Mars!

A champion of the rights of man
He raged and hurled his awful ban
At Britain’s head and off he ran!

We see him next in Yankee land;
And there he offered heart and hand
To any who, at his command,

Would simply cross the wide, wide ocean
And whip proud England; what a notion!
While he would stay and watch the motion.

None caring to obey his order
Disgusted D’Arcy crossed the border
And of himself became recorder.

He told Niagra’s waterfall,
Rivaling its roar with frantic bawl.
That he would do the deuce and all!

But finding treason would not pay,
He tried the loyal dodge. Today
No man so loyal-so they say.

And yet this man – this patriot wight –
Stands forth mid those, a shining light,
Who’ve robbed us of our due birthright.

Though dark and subtle in his mind
His boast of loyalty can’t blind
Folks eyes to what lurks far behind.

If he could raise a feud betwixt
England and we, he’d think us fixed;
For annexation might come next.

Unless indeed he could be king;
And all his chieftains – not a few –
Would not come up, great Mac, to you.

Ah, D’Arcy, D’Arcy! many doubt you,
And think we were as well without you –
That’s why all loyal subjects flout you.

We seek not to be a new nation,
Nor do we yearn for annexation, –
Yet anything but Federation.

Anon. (Fred. ?) Morning Chronicle, January 10, 1868

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

MOMENT

The day she died
a redbreast hopped
through the open door
in stilled December,
inquiring near
with little confident bounce,
starting
my first tear.

Alastair Macdonald

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

The Repealer’s Soliloquy

Repeal or no Repeal? that is the question;
Whether ’tis best for us to live in quiet,
As we are now, a tail end of the great confederation,
Or to take arms against this unjust union,
And by our voting end it? To go -secede –
That’s all! And with one voice, united at the poll,
End all this doubt of what is our intention.

Tis a consummation devoutly to be wished,
To be- but free once more; perchance a union maritime,
Aye, there’s the rub; for, were we free what good might come,
When we have shuffled off this Tupper yoke,
Must make us hopeful. There’s the tariff
That makes calamity of our trade,
For who would bear the tax on flour, the high price paid.
Paid for sugar, tea, and soap; the grinding down
Of the poor man to build monopolies
And fatten the few rich who own the factories.
When we could cure all this with reciprocity?

Who would taxation bear, only exist, not live,
And grovel on in sloth, still sinking deeper in it,
Day by day? But the dread of being naturalized,
And loosing our birthright makes us halt,
And would emigrate to the far west,
From whose borders few travellers e’er return.
And so we hesitate, and sickly sentiment
Makes cowards of us all: So let not now
Our true, firm resolution be led astray
By the pale cast of thought the coming fight may offer.
Great agitation. Soft you, now?
He comes, – Lord High Commissioner
Tupper – Arch traitor, – In thy presence
May our woes be all remembered, and our hearts
Steeled with the thoughts of cursed ’67.

The Daily Acadian Recorder, February 3, 1867

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

The Petition to Ottawa

Pity the sorrows of some Union men,
Whose unwise steps have borne them to your door;
Whose days politically are but a span,
0 give relief! And tax our bread no more.

Those scattered ranks, extremety bespeaks,
Those Customs locks do justify the Antis fears;
And many a furrow in our grief worn cheeks
Has been the channel to a flood of tears.

You have erected on the rising ground
With ‘miles of cornice’, drew me from the road;
These sinecures a residence have found,
And grandeur a magnificent abode.

Hard is the fate of fishermen and poor,
Here as our members voted taxes off our bread,
Saw Canadians growing corn around their door
From produce of my farms they shall be fed.

O! take us to your hospitable dome,
Keen blows the opposition wind and cold;
Short is our passage to the friendly tomb,
Our cause is poor and we arc badly sold.

Pity the sorrows of poor Union men,
Whose blinded steps have borne them to your door;
Whose days politically are but a span,
O! grant respite and tax our corn no more.

Anon. Morning Chronicle, January 2, 1868

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

Lullaby – from “Some Nova Scotian Poets of Confederation”

“Highly emotional” is an interesting term used here, thieving and thievery can certainly arouse “emotion” in all those whose goods, or whose rights, have been absconded. I assume this language is used in order to paint the anti-confederate as illogical, as opposed to the non-stop mendacity and “licksplitterism” which has continued to be the trademark of “the Canadians”, bereft of “emotion” except for that which is their contrivance, which suits their interests.


“CONFEDERATION WAS IMPOSED upon Nova Scotia in 1867 over the opposition of significant groups of people within the province. There were many reasons for their opposition to union, and a great deal has been written concerning the nature of the struggle and the ultimate success of the Confederates. That Nova Scotia’s response to Confederation was highly emotional has not gone unnoticed.”

Hush my babes, be still and trusting
Sooth your fears and soundly sleep.
My biggest bubble’s almost bursting,
But soothing Syrup’s blessed cheap.

Sleep soft dupes and trust in Tupper;
Retrenchment’s but a naughty dream,
The sad effect of too much supper,
He never thought of such a scheme.

Hush, that’s not the cars you’re hearing:
‘Tis but the mind – you silly pup,
Longley’s only ‘electioneering’;
He’s tore the cursed Railroad up.

Soft my babes, let music charm you;
‘Quebec Scheme’s’ a blessed thing;
Not a Fenian will dare to harm you,
When under Canada’s wing.

Happy days, devoutly withed for!
Our independence loosly sold!
Every knave in the place is fished for,
And your poor dupes, left out (in the) cold.

The Liverpool Transcript, March 15, 1867

Muise, D.A. “Some Nova Scotian Poets of Confederation” Dalhousie Review, Volume 50, Number 1, 1970 https://dalspace.library.dal.ca/bitstream/handle/10222/59368/dalrev_vol50_iss1_pp71_82.pdf?sequence=1&isAllowed=y

The Constitutional Distribution of Taxation Powers in Canada

Nelson v. Dartmouth, perhaps part of the genesis for the Trailer Park Boys.


“After the Act of Union in 1840, British opinion mounted for Canada to become responsible for her own defence. At the same time, American pressure on the western territories became severe. The Northern Pacific Railway, chartered by Americans in 1864, had the object of providing transcontinental service. American settlement was pushing ever northward. Without the protection of British troops, American expansionist claims to the west seemed impossible to resist.

The scheme of Confederation was principally designed to overcome these problems. It was thought that a larger, strongly centralized political unit would be capable of (a) re-establishing the public credit, (b) undertaking the considerable public expenditure on transport which was the condition precedent to development, and (c) offering a sufficient defence posture to resist American pressure.”

Cultural and sectional rivalries proved insuperable obstacles to the legislative union foreseen by Sir John A. Macdonald. A federal state, characterized by strong cultural and regional guarantees, was the compromise. But there was to be no question of economic decentralization. By the British North America Act, 1867 the Dominion government was granted legislative power over:

91(3) The raising of Money by any Mode or System of Taxation.

By section 122 of the Act customs and excise, which accounted for the vast bulk of public revenue immediately prior to Confederation, were brought within the central government’s exclusive competence. Section 118 of the Act, since repealed, 4 made provision for payment of subsidies by the central government to the provinces, with the intent that they be “in full settlement of all future demands on Canada”. In the early years of Confederation such subsidies accounted for some fifty per cent of all provincial revenues.”

“Three mechanisms were tried to ameliorate this unsatisfactory constitutional arrangement. The first was dissolution of the Confederation. This was not conspicuously successful. Nova Scotia was the only government to attempt it. Within two years after union, under the leadership of Joseph Howe, the Imperial Parliament was petitioned to release the province from Confederation. The second alternative involved an increase in the subsidies paid under the B.N.A. Act. Despite some early federal willingness to alter the subsidies stated by the B.N.A. Act to be in full settlement of all claims on the central government, several events intervened to make the Dominion government rely on the full settlement clause and refuse further increase. A global depression, beginning in 1873, placed a severe crimp in the central government’s fiscal capacities. The railroads entailed vast expense, creating further federal monetary restraint. From 1873 until 1906 the subsidy payments stood unaltered. Lastly, resort by the provinces to their own powers of taxation was explored. Some means had to be developed to make these significant. The means found was a judicial stretching of the concept of “direct taxation” to encompass modes of taxation which would have been quite unimaginable to the Fathers of Confederation.”

“In Nelson v. Dartmouth a municipal by-law imposed a license fee of $15 per month on operators of mobile home home situated in the mobile home park. The by-law was attacked as ultra vires in that it overstepped the limits of section 92(9). Counsel argued that the legislation was enacted for the colourable purpose of imposing a personal property tax upon the owners of mobile homes situated in the parks in question. Mr. Justice MacDonald, in considering this submission, held as follows:

In my view, a genuine licensing-tax provision imposed for the primary purpose of revenue or for revenue purposes incidental to valid provincial regulation of such an operation as that of mobile home parks-as is the case here-is not invalidated by the circumstance that the tax may be indirect in its general incidence (See Laskin, Canadian Constitutional Law, 2nd ed., pp. 754-5; and Reference re Farm Products Marketing Act…).

There is no requirement in this case that the indirect taxation by way of license fee be limited to the expenses of the regulatory scheme, nor is there any indication that the fees were so limited. The only limitation referred to by the court is that the license fees must be in relation to the regulation of mobile home parks and not in relation to the raising of revenue by indirect taxation.”

Magnet, Joseph Eliot “The Constitutional Distribution of Taxation Powers in Canada”, Ottawa Law Review, 1978 https://rdo-olr.org/wp-content/uploads/2018/01/olr_10.1_magnet.pdf

Page 3 of 4
1 2 3 4