Columns and Letters

Letter: Cape Breton's Attorney General and NS Legislature MLA Richard Uniacke called union illegal and sought dissolution 1820-1840

Dear Editor,

    Richard Uniacke was from a prominent Halifax family, including his brother James was the first premier of Nova Scotia following the institution of responsible government in 1848. After graduating from law school in 1810, young Richard Uniacke moved to Cape Breton in 1813, and in 1814 was appointed attorney general of Cape Breton, which he held from 1814-1817 until returning to Halifax. He also has the distinction of being participant 1819 in the last known pistol duel, killing William Bowie and later was elected post-annexation as the first MLAs for Cape Breton in the Nova Scotia Legislature, 1820-1830. He also later became puisne judge, Supreme Court of Nova Scotia, 1830-1834.
    The Colony of Cape Breton’s legislature was granted by King George III, and was subordinate to Nova Scotia. As Cape Breton grew and prospered (1800-1820), it asked repeatedly to call its legislature to fiscally manage its own affairs, with denial by Nova Scotia who instead administratively (without UK Privy Council approval) annexed Cape Breton.
    Uniacke supported petitions of his constituents to repeal the union of Nova Scotia and Cape Breton. He fully concurred with constitutional lawyers that the union was illegal. Uniacke felt that “the people of Cape Breton, who had been transferred without their consent to another country, ought to have the final decision of the government, or the Tribunals of the Realm.” He further added that he did not believe the union would produce the benefits that NS advocated. Circa 200 years later, upon reviewing the legal history of the 1820 annexation, I feel that the union with Nova Scotia was illegal and ill-founded, and as free people we must not submit to it quietly.
    Cape Breton and its people were denied its legislature under great objection, and then under protest and resistance were annexed by Nova Scotia. Per our colonial history are without choice a non-self-governing territory within Nova Scotia, and subsequent to Confederation within Canada remain subjugated by Nova Scotia.
    In 2020, it will be 200 years since annexation. In today’s world order, international laws and conventions, particularly the United Nations (1945) Charter and its Universal Declaration of Human Rights (UNDHR), provide strong support for Cape Breton’s aspiration and quest for independence and self determination. The UNDHR Article 21 (3) states, “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”
    Without cooperation from Nova Scotia nor Canada, and with a continued de-population, reverse-funding, and de-servicing of Cape Breton, it is time as Uniacke stated to, “rouse then from lethargy – shake off any languor which may hitherto hung over you – renew strenuously your exertions, and when you have put your shoulders to the wheel, call upon Hercules and he will, and must, help you.”
    In 2020 pro-Cape Breton forces must win our municipal elections and call an island wide plebiscite.

Mark Macneill,
RR4 Mabou





 

   

 

 

 

 


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