James O'Halloran (politician)

As a member of the Legislative Assembly representing the riding of Missisquoi in the Provincial Parliament of Canada James O'Halloran delivered this speech on March 8, 1865, during the debate on the proposed confederation of the British provinces in North America.

The text is taken from the Parliamentary Debates on the Subject of the Confederation of the British North American Provinces, 3rd series, 8th Parliament (Hunter, Rose, & Co., Quebec, 1865), pp. 792–799.

MR. O’HALLORAN—Before proceeding, Mr. Speaker, to offer a few observations on the resolutions in your hands, I may say that if I had any hesitation in pronouncing on the merits of this scheme, I might have taken a preliminary exception to the jurisdiction of this House to pass this measure.

When we assume the power to deal with this question, to change the whole system of Government, to effect a revolution, peaceful though it be, without reference to the will of the people of this country, we arrogate to ourselves a right never conferred upon us, and our act is a usurpation.

But I rise not for the purpose of discussing this scheme in detail, as it has already been discussed fully — and I cannot possibly say much which may not already in substance have been said, and much better said than I could expect to say it — but I rise to record my protest against the usurpation which this House, in my humble opinion, is guilty of in undertaking to pass this measure, or, so far as in its power lies, to impose upon the people of this country a Constitution contrary to their wishes — a Constitution which they will never have an opportunity of seeing, until they are called upon to submit to it and obey it.

It would interest them to see how far those views met the approbation of the representatives of the people here; it would interest them to know how far honourable gentlemen from Upper Canada are prepared to go to insure to the English speaking minority of Lower Canada those rights and liberties which they claim for themselves; it would afford us some criterion by which we might measure the degree of protection we should find in the Federal Parliament, from possible oppression in our Local Parliament.

I will read those resolutions which I had deigned to propose, for the purpose of obtaining the opinion of the House on a modification of this measure, which, if it must be adopted, might possibly have been so amended as to remove many serious objections now entertained to it by a large portion of the people of Lower Canada.

They are in these words: Resolved, That assuming the Federal system of government to be a political necessity in a union of the British North American provinces, any Confederation of those provinces which ignores the differences of race, language and religion of the inhabitants of the respective states or territories sought to be thus united, and is not framed with a view to secure to the inhabitants of each such state or territory the management of their own local affairs, in accordance with their own peculiar views and sentiments, is unwise and inexpedient, and not conducive to good government, or to peace and tranquility of those for whom it is framed.

This resolution I put forth simply for the sake of showing the idea which I had in my mind, without, I am free to confess, any expectation that the particular modification which I was about to propose would meet the sense of the majority of this House, but as giving an indication of the direction in which the English speaking inhabitants of Lower Canada would consider their interests might be best preserved.

We desire that Canada should be a united people, ignoring sectionalism, and basing our institutions upon one broad principle of Canadian nationality, which shall blend all races, and in time obliterate all accidental distinctions of language, religion, or origin.

Now it is a positive fact, as I have stated before, that the English-speaking population of Lower Canada, on account of their wealth and expensive mode of living, their extravagant habits, their desire for change and progress, their different ideas generally from the French-Canadians, consume more than one-half of the dutiable goods that are brought into this country, and pay one-half of the taxes; and yet the money which they would pay into the public chest would be distributed by a majority over whom they had no control — a majority who would not in any manner sympathise with them; and their taxes would be applied to objects which they might not deem desirable — which they might, perhaps, consider detrimental to their interests.

But, sir, the English-speaking of Lower Canada are to be amused, and their attention is to be diverted from a full examination of those serious matters which press themselves upon our consideration, by cleverly drawn abstractions and sophistries, such as new nationalities — union is strength — a great empire — and the other plausible pretexts that are attempted to be imposed upon them.

An attempt is made to alarm us by sensational rumours about invasion, and it is stated that we must put forth every possible strength to save ourselves from being swallowed up by the neighbouring republic; and we are gravely told that through the action of a number of self-constituted delegates assembled around a green table, and adopting certain resolutions, the whole of the physical laws relating to our country are to be changed.

On examination it will be found that they are merely fiscal difficulties, and that they arise from the fact that our General Government does not confine itself to the true end and object of its existence.

I think you cannot find any reason for it, except on the supposition that they remain united for the purpose of maintaining their sectional power and influence, under a system by which the common exchequer is deemed a legitimate object of public plunder.

These things caused dissatisfaction in the minds of people from other sections of the country, and they undertake to form combinations for the purpose of obtaining from the public chest similar undue advantages.

But that time has passed away, and our friends on the other side of the House have not only looked to Washington, but absolutely gone there, and imported the worst features of the republican system for incorporation in our new Constitution.

Today, sir, we are paying the man who stands at that door to admit you to this chamber a greater annual salary than is paid to the Governor of the State of Vermont.

Throughout the length and breadth of British North America, there is not one other government that has dared to arrogate to itself the right of changing the Constitution of their people without consulting them, except ours.

The resolution I have referred to, and which embodies the policy of the Government of Newfoundland on this question, is as follows:— Resolved,—That having had under their most serious and deliberate consideration the proposal for the formation of a Federal union of the British North American Provinces, upon the terms contained in the report of the Convention of delegates, held at Quebec, on the 10th of October last—the despatch of the right Honourable the Secretary of State for the Colonies, dated December 3, 1864—the observations of His Excellency the Governor in relation to this subject in his opening Speech of the present session—and the report of the Newfoundland delegates—this committee are of the opinion, that having regard to the comparative novelty and very great importance of this project, it is desirable that before a vote of the Legislature is taken upon it, it should be submitted to the consideration of the people at large, particularly as the action of the other provinces does not appear to require that it should be hastily disposed of, and as (the present being the last session of this Assembly) no unreasonable delay can be occasioned by this course; and they, therefore, recommend that a final determination upon this important subject be differed to the next meeting of the Legislature.

In this little, petty province, whose interests, as compared with ours, are of trifling importance in relation to the scheme, the Government considers that the question is one of sufficient moment to demand that before the slightest action is taken upon it by the Legislature, the people should be consulted; but in this large province, with its comparatively large population, and with important interests to be affected, the scheme is to be hurried through without allowing the people to have a voice in the matter, or even to have time for its consideration.

If they form a justification for the course we are pursuing, then you might prove by the same means that this House had the power to perpetuate its existence beyond the limit fixed for the termination of the present Parliament, or vote ourselves members for life.

This, sir, is the judgement of the impartial English historian upon the means by which this great national crime was consummated, and it is the just encomium on the noble few whose patriotic efforts failed to prevent it.

But the circumstance led to her meeting and friendship with an outstanding young lawyer from Montreal, Marcus Doherty – who became a guest in the house when Elizabeth was in her teens.

(For several years, near the end of his life, - there used to be a fresh, illuminated document, each autumn, on his mantel shelf; - the invitation to their oldest, living graduate, to attend the Commencement ceremonies at University of Vermont, Burlington).

– In re the offer of a big California post to him, he answered the officer with the explanation that he had arranged to practice law in Canada, where he had bought a farm for his parents, and was also about to be married, and therefore must decline the invitation.

The development of Canada in his day was tied up with transportation problems: hence, he knew railroad-minded people, and this explains, in part, his long association with the law department of the C.P.R.

- Grandfather would take up the narrative, and finish that part of the scripture, or even lead up to it and end the verses, as though the Book were open in front of him – He must have been past 65 when I was at boarding-school, and spending some holidays at Cowansville.

The O'Halloran house in Cowansville must have been a great hive of industry for its first 50 years, with the large family of young people, and the many other relations who stayed or lived there.

Sitting up in bed, and wishing to have the Home Rule Bill for Ireland read to him from the morning paper, he listened with attention –, and this way, he died, as though falling asleep.