"It is well specially here to note, that the Government of that day,
speaking by Lord Clarendon, considered it as a condition, that the
person highest in dignity, authority, and ability should be selected as
the fittest negociator; and that Lord Derby gave a caution which all
who regard the British Empire as 'one and indivisible,' must coincide
in. It will be seen hereafter how, in the present case, the actual
Government has departed from both the condition and the caution.
"An extract from a letter from Mr. John Bright, M.P., to Mr. Joseph
Aspinall, of Detroit, Michigan, in response to an invitation to attend
the Reciprocity Convention, held last year, will illustrate the
benevolent idea of the treaty, and exhibit the opinion of a
distinguished admirer of the United States upon the renewal of the
instrument. The letter, itself, is dated London, 10th June, 1865. 'The
project of your convention gives me great pleasure. I hope it will lead
to a renewal of commercial intercourse with the British North American
Provinces, for it will be a miserable thing if, because they are
in connection with the British Crown, and you acknowledge as your Chief
Magistrate your President at Washington, there should not be a
commercial intercourse between them and you, as free as if you were one
people, living under one Government.'
"To make 'one people,' though living under two separate Governments,
was the great, and has been the successful, object of Lord Elgin and
Mr. Marcy. But the 'miserable thing' has happened, and the treaty is at
an end.
"On the 23rd May, 1864, I put a question on the subject of the renewal
of this treaty. The question and the answer of the Under-Secretary for
Foreign Affairs were as follows: -
[From "HANSARD," Monday, May 2nd, 1864.]
"'Mr. Watkin said he wished to ask the Undersecretary of State for
Foreign Affairs to state the present position of negociations with the
Government of the United States in reference to the proposed
termination or repeal by the United States of the "Reciprocity Treaty,"
and of the "Bonding Act," under which instruments facilities for mutual
commercial interchange have been afforded, and a large and increasing
trade has grown up with the colonies of British North America?
"'Mr. Layard, in reply, said there were no negociations pending with
regard to the suspension or repeal of the Reciprocity Treaty, and the
Government had received no official information upon the subject of the
"Bonding Acts."'
"On the 17th February, 1865, I again called attention to the question
becoming more and more urgent, by moving for 'Copies of all papers in
the possession of Her Majesty's Government respecting the Reciprocity
Treaty and the Bonding Acts, of dates subsequent to December, 1861.'
"In reply, the Under-Secretary for Foreign Affairs said (see 'Hansard,'
17th Feb. 1865): -
"'He had only to report what was stated by the noble lord the other
night, that there were no papers on the subject of the Reciprocity
Treaty; as the hon. gentleman was aware, no notice with respect to the
treaty had been given to Her Majesty's Government. Resolutions on the
subject had been submitted to Congress, but there had been no
intimation given to Her Majesty's Government, consequently, there were
really no papers to lay on the table.'
"Thus we have it on the direct declaration of the organ of the
Government, that no negociations were undertaken having any reference
to the retention or renewal of the treaty up to the 23rd May, 1864; and
that there were no 'papers' even in the possession of the Government up
to the 17th February, 1865, bearing upon so momentous an international
question.
"The Bonding Act, or Acts, are above alluded to; and it will be well
here to state, that under these Acts of the Congress of the United
States, goods liable to United States duties may be sent in bond
through United States territory into and through Canada or New
Brunswick. In fact, but for this privilege, Canada would be, under
present circumstances, shut out for the five months of her winter from
access to Europe. That access could, of course, be given by the
construction of the remaining links of the 'Inter-colonial' Railway
(about 360 miles), connecting Halifax, Nova Scotia, with Quebec and the
Canadian railway system; but pending such construction, it is in the
power of the United States thus to isolate Canada. Being in their
power, we may ask, What is their intention? and we may ask, What have
the Government done to ascertain the one and prevent the other? Have
they ever thought of danger? Certainly, in May, 1864, both Mr.
Cardwell, the Colonial Secretary, and Mr. Layard, the Undersecretary
for Foreign Affairs, were puzzled to know what was meant by the
'Bonding Acts.'
"Particulars of these Acts are given in a note below. [Endnote 2]
"We must now briefly sketch the history of the discussions and events
which more immediately preceded the notice of the 17th March, 1865,
given by the United States Government and Senate, to put an end to the
treaty. Subsequent to the treaty (1854) Great Britain (1859) founded
the Colonies of British Columbia and Vancouver's Island on the North
Pacific. For this we are indebted to the then colonial minister, Sir E.
Bulwer Lytton. The first gave a new gold field; the second contains all
the bituminous coal to be found on the west side of the great North
American Continent. These new countries were not embraced in the
operation of the treaty; nor does it seem that after Sir E. Bulwer
Lytton left office, any effort was made to enlarge the operations of
the treaty. But of course American commerce was anxious to extend
itself, and Californian and American cruisers in the Pacific wanted the
coal of Vancouver.
