CHAPTER I

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THE MAKERS OF CANADA

EDITED BY

DUNCAN CAMPBELL SCOTT, F.R.S.C.,

PELHAM EDGAR, PH.D., AND,

WILLIAM DAWSON LE SUEUR, B.A., LL.D., F.R.S.C.

WILMOT AND TILLEY

[Illustration: L. A. Wilmot]

_THE MAKERS OF CANADA_

WILMOT AND TILLEY

BY

JAMES HANNAY

_EDITION DE LUXE_

TORONTO

MORANG & CO., LIMITED

1907

_Entered according to Act of the Parliament of Canada in the year 1907

by Morang & Co., Limited, in the Department of Agriculture_

Transcriber's Notes:

Unique page headings have been retained, placed within {braces} and

positioned before the relevant paragraphs. Minor typographical

errors have been corrected without note. Variant spellings have been

retained. Inconsistent hyphenation has been standardised. The oe

ligature is represented by [oe].

CONTENTS

LEMUEL ALLAN WILMOT

_CHAPTER I_ Page

ANCESTRY AND EARLY LIFE 1

_CHAPTER II_

EARLY EFFORTS FOR REFORM 13

_CHAPTER III_

WILMOT IN THE LEGISLATURE 31

_CHAPTER IV_

WILMOT AS A DELEGATE TO THE COLONIAL OFFICE 41

_CHAPTER V_

LORD JOHN RUSSELL ON TENURE OF OFFICE 57

_CHAPTER VI_

THE READE APPOINTMENT 67

_CHAPTER VII_

WILMOT'S VIEWS ON EDUCATION 83

_CHAPTER VIII_

THE DEMAND FOR RESPONSIBLE GOVERNMENT 99

_CHAPTER IX_

THE VICTORY IS WON 113

_CHAPTER X_

JUDGE AND GOVERNOR 131

SIR LEONARD TILLEY

_CHAPTER I_

EARLY LIFE AND BUSINESS CAREER 143

_CHAPTER II_

ELECTED TO THE LEGISLATURE 159

_CHAPTER III_

THE PROHIBITORY LIQUOR LAW 171

_CHAPTER IV_

REFORM AND PROGRESS 183

_CHAPTER V_

THE INTERCOLONIAL RAILWAY 195

_CHAPTER VI_

THE MOVEMENT FOR MARITIME UNION 201

_CHAPTER VII_

THE QUEBEC CONFERENCE 215

_CHAPTER VIII_

DEFEAT OF CONFEDERATION 231

_CHAPTER IX_

TILLEY AGAIN IN POWER 239

_CHAPTER X_

THE BRITISH NORTH AMERICA ACT 253

_CHAPTER XI_

THE FIRST PARLIAMENT OF CANADA 269

_CHAPTER XII_

FINANCE MINISTER AND GOVERNOR 277

INDEX 293

LEMUEL ALLAN WILMOT

CHAPTER I

ANCESTRY AND EARLY LIFE

The contest for responsible government which was carried on in all the

provinces of British North America for so many years resembled in some

of its features a modern battle, where the field of operations is so

wide that it is impossible for a general to cover it with his eye or to

keep control of all the movements of his subordinates. In such a case,

everything depends on the ability of the generals who command the

different army corps, who, operating in remote parts of the field, must

take the responsibility of success or failure. The two Canadas were so

far removed from New Brunswick, and the means of communication were so

poor, that there was but little help, even in the way of suggestion, to

be expected from them, while the contest for responsible government was

being carried on. Even the efforts in the same direction which were

being made in the province of Nova Scotia had but little influence on

the course of events in New Brunswick, for each province had its own

particular grievances and its own separate interests. Thus it happened

that the battle for responsible government in New Brunswick was fought,

to a large extent, without reference to what was being done in the

other provinces which now form the Dominion of Canada, and the leaders

of the movement had to be guided by the peculiar local circumstances of

the situation. Still, there is no doubt that the efforts of all the

provinces, directed to the same ends, were mutually helpful and made the

victory more easily won.

Among the men who took a part in the contest for responsible government

in New Brunswick, Lemuel Allan Wilmot undoubtedly held the foremost

place, not only by reason of the ability with which he advocated the

cause, but from the trust which the people had in him, which made him a

natural leader and the proper exponent of their views. There were,

indeed, men working in the same field before his time, but it was his

happy fortune to witness the fruit of his labours to give the province a

better form of government, and to bring its constitution into line with

the system which prevailed in the mother country. He not only viewed the

land of promise from afar, but he entered into it, and he became the

first native lieutenant-governor of the province,--a result which even

he, sanguine as he was, could hardly have contemplated when he began his

career as a public man.

{THE WILMOT FAMILY}

Lemuel Allan Wilmot was born in the county of Sunbury, on the banks of

the St. John River, on January 31st, 1809. He was the son of William

Wilmot, a respectable merchant and lumberman, who was in partnership

with William Peters, grandfather of Sir Leonard Tilley. William Wilmot

was the son of Lemuel Wilmot, a Loyalist, who was a resident of

Poughkeepsie, New York, at the beginning of the Revolution. He (Lemuel)

raised a company of soldiers for the service of the king, and became a

captain in the Loyal American Regiment which was commanded by Beverley

Robinson, serving in that corps during the war. At the peace, he came to

New Brunswick and settled in Sunbury County on the river St. John. The

Wilmots were a respectable English family, and the first of the name in

America was Benjamin Wilmot, who was born in England in 1589 and came to

America with his wife Ann, probably prior to 1640. He was one of the

early settlers of New Haven, Connecticut, and the records of that colony

show that he took the oaths of fidelity at a court held on May 2d, 1648.

He died in 1669. His son William, who was born in 1632, was probably

also a native of England. He married Sarah Thomas in 1658, and died in

1689.

Thomas Wilmot, his son, was born in 1679. He married Mary Lines, and

their son Ezekiel was born in 1708. Ezekiel Wilmot and his wife Beulah

were the parents of Lemuel, who was born in 1743. Lemuel Wilmot married

Elizabeth Street, and William, the father of the subject of this

biography, was their son. William Wilmot married Hannah Bliss, a

daughter of the Hon. Daniel Bliss, a Massachusetts Loyalist, who became

a member of the council of New Brunswick and was the father of John

Murray Bliss, one of the judges of the supreme court of that province.

His grandfather was Colonel John Murray, a Massachusetts Loyalist, who

was for many years a member of the general court of that colony and who

became a mandamus councillor. It will thus be seen that Lemuel Wilmot

came from the best New England stock, and that his connections were

highly respectable and even distinguished. He was proud of his New

England descent, and claimed the usual ancestor from among the

passengers of the _Mayflower_ who landed at Plymouth in 1620. If this

claim is correct, his descent from the Pilgrim Fathers must have been

through the female line, and no record of it has been preserved. The

matter is not of much consequence at the present day, for the Wilmots

have made a record in their province far more distinguished than that

which they won in New England, for they have given to New Brunswick five

members of the legislature, a senator and member of the House of Commons

of Canada, two members of the executive of New Brunswick, and one of the

privy council of Canada, an attorney-general and a provincial secretary

of New Brunswick and two lieutenant-governors.

{LIEUTENANT-GOVERNOR CARLETON}

The system of government which existed in all the British North American

colonies at the time when L. A. Wilmot was born was practically the

same. New Brunswick had been separated from Nova Scotia in 1784, and, in

the autumn of that year, its first governor was sent out in the person

of Thomas Carleton, a brother of Sir Guy Carleton. Thomas Carleton had

been an officer in one of the regiments which fought during the War of

the Revolution, but he was in no way distinguished, and had no special

qualifications for the position he was called upon to fill. That fact,

however, did not concern the persons in England who appointed him. In

those days, fitness or ability had very little to do with colonial

appointments. Carleton continued to fill the office of governor and

lieutenant-governor until his death in 1817; but for the last fourteen

years of his term he resided in England, and the duties of his office

were performed by a succession of administrators under the name of

presidents. To assist him in his deliberations, Carleton had a council

of twelve members, who were appointed by the Crown and were therefore

wholly under the influence of the governor and the authorities in

England. In 1809, its number had been reduced to ten, and it was

composed of the four judges of the supreme court, the provincial

secretary and the surveyor-general, who held their offices for life, and

four other persons. This council, in addition to its executive

functions, also sat as the upper branch of the legislature, and, besides

being wholly irresponsible except to the governor, it sat with closed

doors, so that the public had no opportunity of knowing what was being

done. It was not until the year 1833 that any portion of the journals of

the legislative council was published.

The House of Assembly consisted of members chosen by the freeholders of

the several counties and the freeholders and freemen of the city of St.

John. This House was able to exert but a limited influence on the

government of the country, for all authority was vested in the

lieutenant-governor and he was able to act in a manner quite independent

of the legislature. All the appointments to office were in his hands,

and they were made in many cases even without the knowledge of his

council. In England, even under the most despotic kings, parliament was

always able to curb the power of the Crown by refusing to grant

supplies; but this check did not exist in New Brunswick, or in the other

colonies of British North America at that time, because the governor had

sources of revenue quite independent of the legislature. The British

government maintained a customs establishment in the colonies, which

levied duties on all merchandise imported, and over which the

legislature had no control. The British government also retained the

revenues arising from the Crown lands of the province, and these

revenues the governor expended as he pleased. The House of Assembly,

therefore, might refuse to vote supplies; but the governor could go on

without them, and the only effect of such a procedure was to injure its

own officials, and to deprive the people of the money which was expended

on roads and bridges.

{THE CHURCH OF ENGLAND}

Another feature of the system of government in New Brunswick was the

predominant influence it gave to the members of the Church of England.

Every member of the council of the province belonged to that

denomination, and it was not until the year 1817 that any person who was

not an adherent of the Church of England was appointed to the council.

This exception was William Pagan, a member of the Church of Scotland,

and his was a solitary instance because up to the year 1833, when the

old council was abolished, all its other members were adherents of the

Church of England. The same rule prevailed with respect to all the great

offices in the gift of the Crown. All the judges of the supreme court

for the first sixty-seven years of the existence of the province were

members of the Church of England. L. A. Wilmot, who became

attorney-general in 1848, was the first person not a member of the

Church of England who filled that office, and he was the first judge not

a member of that Church who sat on the bench of New Brunswick.

For some time after the foundation of the province, the salaries of the

Church of England clergymen were paid by the British government, and

large grants of land were made for the purpose of supporting the

churches. In addition to this, financial assistance was given to them

in erecting their places of worship. No dissenting minister was allowed

to perform the marriage ceremony, that privilege being confined to

clergymen of the Church of England, the Church of Scotland, the Quakers

and the Church of Rome. This was felt to be a very serious grievance,

and, needless to say, produced a great deal of inconvenience.

Another grievance was the fact that the great offices were held by

members of certain favoured families. These families, from their social

position and in some cases from their wealth, had the ear of the

governor, or of the authorities in England, and were able to obtain and

hold all the valuable places. The two Odells, father and son, held the

office of provincial secretary for sixty years. The Chipmans were

another favoured family, both the father and son being successively

judges of the supreme court, and the former receiving large sums from

the British government as one of the commissioners who settled the

boundary between Maine and New Brunswick. One of the greatest offices in

the province--that of the surveyor-general--was held by one person for

thirty-three years, and this individual was in no sense responsible to

any authority in New Brunswick except the governor. Those in power at

that day were very fond of expatiating on the glories of the British

constitution and the privileges the people enjoyed under it. But nothing

less like the British constitution can be imagined than the system

which then prevailed in the British North American colonies.

{THE OFFICIAL CLASSES}

One feature which is not to be lost sight of in considering the

political condition of the province at that time is the social element.

The distinctions between the upper classes and others was then far more

marked than it is at present. The officials and the professional men

formed a class by themselves, and looked with contempt upon those who

were engaged in business. The salaries of the government officials were

then three or four times as large as they are at present, and they kept

up a corresponding degree of state which others were not in a position

to imitate. This assumption of superiority was carried out in all the

relations of life, and the sons of those who occupied an inferior

station were made to feel their position keenly. This was the case with

Lemuel Allan Wilmot, for, although his family was as good as any in the

provinces, he was the son of a man who was engaged in business and who

was not only a Dissenter but was actually a preacher in the denomination

to which he belonged. No doubt the insults which the son received from

those who claimed to occupy a higher station had a good deal to do with

his zeal for the cause of Reform, and influenced his future career to a

considerable extent.

William Wilmot, although he afterwards failed in business, was in

prosperous circumstances when his son Lemuel was born. He was a Baptist

and was one of the original members of the Baptist Church at Canning,

in Queens County, which was founded in 1800. On Christmas Day, 1813,

William Wilmot and nine others received their dismissal from the Canning

Church for the purpose of founding a Baptist Church in Fredericton.

Wilmot was a local preacher and used his gift of eloquence in that way.

He also aspired to legislative distinction, and was elected a member of

the House of Assembly for the county of Sunbury in 1816. He was an

unsuccessful candidate for the same seat in 1819, and again in 1820. At

the general election of 1827 he ran for the county of York, to which he

had removed several years before, but was again defeated. This was his

last attempt to become a member of the House of Assembly. His loss of

three elections out of four had certainly been discouraging, and was in

singular contrast to the fortune of his distinguished son, who never

experienced a defeat.

{AS A LAW STUDENT}

Lemuel Wilmot's mother died when he was only eighteen months old, so

that he never knew a mother's love or a mother's care. But his father

early recognized his youthful promise, and gave him all the educational

advantages then available. He became a pupil at the College of New

Brunswick, which was situated in Fredericton, of which the Rev. Dr.

Somerville was the president and sole professor. This college was in

fact merely a grammar school, but Wilmot acquired there some knowledge

of the classics. However, his scholastic career was not prolonged, for

in June, 1825, he entered as a student-at-law with Charles S. Putnam, a

leading barrister of Fredericton. He was admitted an attorney of the

supreme court in July, 1830, and a barrister two years later. He was

then twenty-three years of age.

The men who were contemporaries of Mr. Wilmot as a youth are all dead,

and not many anecdotes of his career as a student have been handed down

to us. Being of an ardent and ambitious disposition, he took a keen

interest in the stirring events that were being enacted around him; for

it was a time of great political excitement, and the business troubles

of the province increased the difficulties of its inhabitants. In 1825,

all the lumbermen in the province were ruined, and the bad management of

the Crown lands office which had added to the business difficulties

became more than a political question, for by cramping its leading

industry it affected the prosperity of every man in New Brunswick. It

was then that young Wilmot resolved to enter upon a political career and

to do what he could to redress the wrongs from which the people were

suffering. Strange to say, at this time he, who afterwards became most

eloquent, had an impediment in his speech, which it took much labour to

overcome. To improve his knowledge of French, he spent some months with

a French family in Madawaska, among the descendants of the ancient

Acadians. In this way he acquired a colloquial knowledge of that

language.

Wilmot's ambition was to become a public man and to assist in the

reformation of the constitution of his native province. He enjoyed many

advantages for the role he had undertaken. He was tall, his height being

upwards of six feet, well proportioned, handsome and striking in his

features, and he possessed a voice of great strength and sweetness. He

was proficient in all athletic exercises, and took an interest in all

those movements which commend themselves to young men of enterprise and

force of character. He was a lieutenant in the first battalion of the

York County Militia when he was only eighteen years of age, and his

devotion to the militia force continued until the end of his life.

Possessed as he was of all the elements which make men popular and

prominent, he was early marked for advancement in the field that he had

chosen for the exercise of his talents.

CHAPTER II

EARLY EFFORTS FOR REFORM

The agitation for an improvement in the constitution of New Brunswick

began long before L. A. Wilmot was born. The first man who took a

prominent stand for reform in the legislature was Mr. James Glenie, a

member for the county of Sunbury from 1792 to 1809. Mr. Glenie, who was

a Scotchman and a man of much ability, had been an officer in the Royal

Engineers during the Revolutionary War. His efforts to obtain reforms

were met by the friends of the governor, Mr. Carleton, with the most

violent opposition. He was denounced as an incendiary, and indeed there

was hardly a limit to the fierceness with which he was attacked for

attempting to bring about an improvement in the system of government.

The old Family Compact and their friends were ever ready to tell the

public how loyal they were, and to denounce as a traitor any person who

presumed to object to the existing state of things. Mr. Glenie was not

able to effect anything substantial for the improvement of the

constitution, because the time was not ripe for the changes he proposed.

England itself was suffering at that time from a relapse from true

constitutional methods, so it was not to be expected that much

attention would be paid to complaints which came from a remote province

of North America.

The cause of Reform would not have been nearly so well supported as it

was, had it not been for the fact that the abuses which existed touched

the self-interest of many persons who were by no means Reformers at

heart, and who in fact cared nothing about responsible government. The

first successful attack which was made on the existing order of things

was with regard to the fees charged on land grants. These fees went to

the various officials, including the governor, and it was shown that on

a lot of land not exceeding three hundred acres, the enormous sum of

forty-seven dollars was charged as fees, while on a lot of one thousand

acres to ten grantees, the fees amounted to about two hundred dollars.

The reader will be able to understand from these figures how it was that

the officials of the government were able to live in such princely

style. This evil was remedied by permission being obtained from the

colonial secretary to include a large number of grantees in one grant.

{THE MARRIAGE QUESTION}

Another grievance which was attacked long before Mr. Wilmot entered

public life was the law which related to the performance of the marriage

ceremony. At that time the only clerical persons authorized to solemnize

marriages were the clergymen of the Church of England, ministers of the

Kirk of Scotland, Quakers, and priests of the Roman Catholic Church.

This was felt to be an intolerable grievance, because it prevented

Methodists, Baptists and all Presbyterians except those connected with

the Church of Scotland from being married by their own ministers. In

1821 a bill was passed in the House of Assembly authorizing all

ministers of the Gospel to solemnize marriages. This was rejected by the

council, a fate which befell many subsequent bills of the same kind. For

several years the House of Assembly continued to pass the Dissenters'

Marriage Bill, and the council as steadily rejected it. Finally, in

1831, the House of Assembly concluded that nothing would serve to bring

about the reform asked for but a petition to the king, and accordingly a

petition was prepared in which the facts were set forth and His Majesty

was asked to give instructions to the administrator of the government to

recommend the legislature to pass a bill extending the privilege of

solemnizing marriages to all regularly ordained clergymen of dissenting

congregations in New Brunswick. In 1832, a bill was passed by both

Houses carrying out these views. It contained a suspending clause,

however, which prevented it from going into operation until approved by

His Majesty. It was thought that this would settle the question, but in

1834 a despatch was received from His Majesty's secretary of state for

the colonies in which it was announced that the royal assent had been

withheld on the ground that the Act was confined in its operation to

four denominations of Christians,--the Wesleyan Methodists, the

Baptists, the Presbyterian seceders from the Church of Scotland, and the

Independents. It appeared, therefore, that the Act had been disallowed

because it was not liberal enough, but this defect was speedily remedied

by the passage of another bill during the session of 1834 in the terms

suggested by the colonial secretary, and the Dissenters' Marriage

Question was thus settled.

{IMPERIAL CUSTOM DUTIES}

It has already been stated that the British government continued to

maintain a custom-house establishment in New Brunswick, and to impose

duties on goods imported into the province. These duties, which were

levied for the regulation of trade, were disposed of by the British

government and by the lieutenant-governor of the province with little

reference to the wishes of the legislature. The old restrictive system

which placed shackles on trade was modified by two Acts passed by the

imperial parliament in 1822, under which the importation of provisions,

lumber, cattle, tobacco and other articles from any foreign country in

North and South America and the West Indies, into ports of British North

America and the British West Indies, was allowed under a fixed scale of

duty, and a free export was allowed to goods going from all our ports to

these countries. The importation of the productions of foreign countries

in Europe into the ports of British North America was also permitted,

and a schedule of duties annexed. Under these Acts it was provided that

the duties on both imports and exports were to be collected by the

imperial officers of customs, and the net revenue thus obtained was to

be placed at the disposal of the colonial treasuries. This arrangement

was a decided gain to New Brunswick, because, for the first time, it

placed nearly all the revenue collected by the imperial officers under

the control of the legislature.

The Acts of the imperial parliament, 6th George IV, Chapters 73 and 114,

went still farther in the way of removing restrictions from colonial

trade. These Acts provided that the duties imposed under them should be

paid by the collector of customs into the hands of the treasurer or

receiver-general of the colony, to be applied to such uses as were

directed by the local legislature of such colony, exception being made

in regard to the produce of duties payable to His Majesty, under any Act

passed prior to the eighteenth year of his late Majesty, George III.

This exception is important for the purpose of illustrating the

pernicious system under which duties had been collected. Even so late as

the year 1833, Messrs. Simonds and Chandler, the New Brunswick delegates

to the imperial government, were complaining that duties were collected

at the several custom-houses in New Brunswick upon wine, molasses,

coffee and pimento under the provisions of the Acts of parliament, 6th

George II, Chapter 13; 4th George III, Chapter 15, and 6th George III,

Chapter 52, amounting to upwards of one thousand pounds sterling

annually, which duties were not accounted for to the legislature, and

that it was not known to the House of Assembly by whom and to what

purpose these duties were applied. The reply to this on the part of the

imperial government was, that in pursuance of the directions contained

in the statutes themselves, the duties levied under them were remitted

to the exchequer in England in aid of the expenses incurred for the

defence of the British colonies in North America. Thus ten years after

the British government had undertaken to remit the duties collected in

the colonies to the exchequers of the colonies in which the money was

collected, there still remained a considerable revenue, obtained under

old and obscure Acts of parliament, which was held back, and the

destination of which was not known, until disclosed to the delegates

sent to England to obtain the redress of New Brunswick's grievances.

But the grievance which caused the greatest amount of dissatisfaction in

New Brunswick was that which arose from the management of the Crown

lands. It was bad enough that the revenues arising from the public

domain should be disposed of without the consent of the legislature; but

it was still worse when such regulations were made by the

surveyor-general as hindered the settlement of the country and

interfered with one of its leading industries. One great abuse was that

large areas of the best land in the province were locked up as reserves

for the production of masts for His Majesty's navy. Another grievance

was the imposition of a duty of a shilling a ton on all pine timber cut

in the province. This was done by the authority of the surveyor-general,

and its effect was seriously to injure many of those who were engaged in

lumbering. This tax was remitted for a time after the panic of the year

1825, but it was revived when that crisis in the commercial life of the

province had passed. The management of the Crown lands office had been

the subject of criticism at almost every session of the legislature for

twelve or fifteen years before Lemuel Wilmot entered public life, and

every year the complaints grew louder.

{AN ADDRESS TO THE KING}

At the session of 1831, an address was presented to the president, the

Hon. William Black, asking him to lay before the House a detailed

account showing the amount of the casual and territorial revenue from

the beginning of 1824 to the end of 1830, and the expenditures from that

fund for the same period. This was refused on the ground that it was

inconsistent with his instructions. The House then resolved to bring the

matter to the notice of the king in an address, the spirit of which may

be gathered from the following paragraphs:--

"By the operation of the system practised in this office, very large

sums are taken from the people of this province for licenses to cut

timber on Crown land, and, although the assembly do not question the

right Your Majesty undoubtedly has to the lands in question, they think

the tremendous powers with which the commissioner is vested, with regard

to impositions of tonnage money and the enormous exactions for fees, to

be incompatible with a free government, and to require redress.

"It is generally understood, as well as universally believed, that the

commissioner in question is under no control in this province, and to

this may be ascribed the mode in which licenses to cut timber are issued

in very many cases, in quantities less than one hundred tons, subject to

a duty of one shilling, three pence per ton, and the excessive fee on

each of forty-five shillings. By this mode, a large part of the receipts

is paid in the shape of fees, at once injuring the subject without

benefiting the revenue; and the assembly feel convinced, if the office

were under colonial management, that while the oppressions would be

removed, the revenue would be more productive; and besides, the assembly

cannot but view with just alarm that the day may possibly come when, by

a single mandate from the office, exactions of such magnitude may be

made as literally to stop the export trade of the country, a power which

no person should have even the shadow of authority to exercise.

"The assembly at an early day in the present session, by an address to

the administrator of the government, sought for documents regarding

this office, to enable them officially to bring the subject more in

detail under the consideration of Your Majesty, but this information, so

highly desirable and necessary, has been withheld from them; and the

assembly, therefore, with great submission, lay before Your Majesty

herewith, a copy of the said address, with the reply thereto, for Your

Majesty's gracious consideration.

"It will by that be seen that the objects contemplated by the assembly

are no less than relieving Your Majesty's government permanently from

the burthen of the whole civil list of the province, a subject which the

assembly humbly conceive to be of great advantage to the parent state,

and only requiring that the revenues, from whatever source or sources

derived in or collected within the province, should be placed under the

control of its legislature."

{THE CIVIL LIST}

A portion of the Crown-land revenue went to pay what was termed the

civil list, which included the salaries of the lieutenant-governor, the

judges, the attorney-general, solicitor-general, private secretary,

provincial secretary, auditor, receiver-general and commissioner of

Crown lands. The latter official received seventeen hundred and fifty

pounds sterling per annum besides enormous fees, so that his income was

greater than that of the lieutenant-governor. Thomas Baillie, an

Irishman, who had been a subaltern in a marching regiment, had filled

that office since the year 1824, and continued to hold it until 1851,

twenty-seven years in all, when he retired with a pension twice as large

as the salary of the present surveyor-general of New Brunswick.

What the Reformers in the legislature of New Brunswick sought to obtain

was the control of the public lands, and the disposal of the revenues

derived from them. To accomplish this they were willing to undertake to

pay the salaries embraced in the civil list, although these salaries

were looked upon by the people of the province generally as altogether

too large. Yet there were great difficulties in the way of this

necessary reform, for King William IV was known to be violently opposed

to it. At a later period, 1835, in the course of a conversation with the

Earl of Gosford, who had been appointed governor of Lower Canada, "I

will never consent," he said with an oath, "to alienate the Crown lands,

nor to make the council elective. Mind me, my Lord, the cabinet is not

my cabinet. They had better take care, or by ---- I will have them

impeached."

Such was the language which this king used in regard to his

constitutional advisers. It was fortunate for New Brunswick and the

other colonies of British North America that at that time he had done

his utmost to get rid of his ministers and had been defeated and

humiliated, so that they could set him at defiance. But in 1832 they

were more disposed to defer to his wishes, and in May of that year we

find Lord Goderich, the colonial secretary, writing to Sir Archibald

Campbell, the lieutenant-governor of New Brunswick, in the following

strain:--

"The preservation to the Crown of the territorial revenue is an object

of the first importance, and it would only be resigned on its being

clearly proved that the right of the Crown could not be maintained

without producing still greater inconvenience. You cannot, therefore,

more usefully exert your influence than in endeavouring to prevent the

assembly from urging the surrender of this revenue."

{CONTROL OF THE REVENUE}

The question of the control of the Crown-land or casual and territorial

revenues was made the subject of an address to the king by the House of

Assembly in 1832. In this it was stated that the expense of collecting

these revenues was far greater than it would be under proper management,

and it was proposed that they be placed under the control of the

legislature, which would undertake the payment of all the necessary

expenses of the civil government of the province by making such

permanent and other grants as might be necessary for this purpose. The

reply to this proposition was received during the legislative session of

1833. In it Lord Goderich, with some appearance of sarcasm, observed

that "His Majesty did not consider it necessary at present to call upon

the House for a grant of the nature proposed, as he did not anticipate

such a falling off in the revenue at his disposal as the House appeared

to have apprehended." This reply can hardly be regarded otherwise than

as an insult to the House of Assembly, for the meaning of their address

to the king was deliberately misrepresented. They were contending for a

principle, that the revenue derived from the public domain should be

under the control of the legislature, and the amount of the revenue did

not enter into the question.

In 1833 the House of Assembly appointed a committee on grievances for

the purpose of taking into consideration and investigating all matters

in connection with the Crown lands, which were the subject of complaint.

After this committee had reported to the House, it was resolved to send

a deputation to England to endeavour to make some arrangement with the

colonial secretary in reference to the Crown lands.

{MR. STANLEY'S DESPATCH}

The deputies appointed to proceed to England and lay the grievances of

the province at the foot of the throne were Charles Simonds and Edward

B. Chandler, both men of wealth, influence and position, and well

qualified for the performance of the work with which they were

entrusted. Messrs. Chandler and Simonds arrived in England in June,

1833, and immediately placed themselves in communication with the Right

Honourable E. G. Stanley, who was then colonial secretary. Their report

was laid before the legislature in February, 1834, and the result was

highly satisfactory to the House of Assembly. A few days later a

despatch from Mr. Stanley to Sir Archibald Campbell was laid before the

House, in which he stated the terms on which he should feel that His

Majesty might properly be advised to place the proceeds of the casual

and territorial revenue under the control of the assembly of New

Brunswick. He would, he said, be prepared to advise His Majesty to

accept a permanent appropriation by the legislature, duly secured to the

amount of fourteen thousand pounds per annum, and that the Crown should

undertake to charge on any such permanent grant the salaries of the

lieutenant-governor, his private secretary, the commissioner of Crown

lands, provincial secretary, chief-justice, three puisne judges, the

attorney-general, auditor, receiver-general, the expenses of the indoor

establishment of the Crown lands department, and a grant of one thousand

pounds to the college. It would be necessary, Mr. Stanley stated, that

any bill passed in consequence of the proposal contained in this

despatch should contain a suspending clause in order that it might be

submitted to His Majesty before it was finally assented to. It was also

stated, in order to prevent misunderstanding or delay, that the House

should be apprised, that, unless some other fully equivalent and

sufficient security could be devised, it would be expected that the Act

should provide that the stipulated annual commutation should be payable

out of the first receipts in each year, and that in case of any default

in such payment the whole of the revenue surrendered should revert to

the Crown. A committee was appointed to prepare the bill on the subject

of the surrender by His Majesty of the casual and territorial revenues

of the province. The House of Assembly had previously passed a

resolution that the sum of fourteen thousand pounds required by His

Majesty's government as a permanent grant for the surrender of the

casual and territorial revenues of the province was greater than the

charges contemplated to be thereon required, yet that the great desire

of the House of Assembly to have this important subject finally settled

should induce them to accept the proposal contained in Mr. Stanley's

despatch. On the day after this resolution was passed, the

lieutenant-governor communicated to the House of Assembly an extract

from a despatch received the previous day by him from the Right

Honourable Mr. Stanley, dated January 4th, 1834. This extract was as

follows:--

"In your message communicating to the assembly the proposal contained in

my despatch of the 30th September, you will take care distinctly to

explain that the payments expected from the New Brunswick Land Company

are not included in the revenue which is offered to the acceptance of

the assembly." It is with great regret that an historian of this period

must record the receipt of such a despatch from an imperial head of

department to a colonial governor, for the spirit displayed in the

message was not that of an enlightened statesman, but such as might have

been expected from one who was endeavouring to drive the hardest

possible bargain with the province of New Brunswick, in order that a

number of officials, swollen with pride and enjoying enormous salaries,

might not suffer.

{NEGOTIATIONS FAIL}

A few days after the receipt of this despatch, a resolution was passed

by the House in committee, regretting that the additional condition

contained in Mr. Stanley's last despatch would prevent the committee

recommending to the House further action in the matter of preparing a

civil list bill. Thus ended the attempt to settle this vexed question in

the year 1834. The House of Assembly, however, still continued to

agitate the matter, and to make Sir Archibald Campbell's life a burden

to him. On March 7th, they addressed him, asking for accounts in detail

of the casual and territorial revenues, and calling for a number of

statements which they had not received except in such a shape that they

could not be properly understood. They also addressed His Excellency,

requesting him to lay before them copies of all official despatches

transmitted to him by the secretary of state for the colonies, since he

assumed the administration of the government, relating to the subject of

the casual and territorial revenues. The reply of His Excellency to the

request for more detailed accounts was a courteous one; but while he

consented to furnish the accounts requested in detail, it was with the

understanding that his compliance was not to be considered as a

precedent. He declined, however, to give the names of the parties who

had their timber seized or forfeited, or the names of the petitioners

for Crown land. He also refused to furnish the accounts of the

receiver-general and commissioner of Crown lands, on the ground that

they were accounts exclusively between these officers and the Crown.

With regard to the request for his correspondence with the colonial

secretary, Sir Archibald Campbell in another message gave a tart

refusal, stating that such a request was subversive of the principles

and spirit of the British constitution, and that he would ill deserve

the confidence put in him by His Majesty were he to hesitate in meeting

so dangerous an encroachment, not only on the independence of the

executive, but the prerogatives of the British Crown, with a most

decided and unqualified refusal. This military officer considered

himself a proper exponent of the principles and spirit of the British

constitution. He failed to understand that the British constitution

rests upon the support of the people, while his system of government was

intended to ignore the people altogether.

{QUARREL WITH THE GOVERNOR}

A few days after the receipt of this message, a resolution was passed

by the House of Assembly declaring that the language used by the

lieutenant-governor, in his reply to the address of the House, was at

variance with all parliamentary precedent and usage, and such as was not

called for by the address. Some of the governor's friends attempted to

weaken the force of this resolution by an amendment of a milder nature,

but their amendment was defeated, and the resolution carried by a vote

of fifteen to eight. Another address on the subject of the casual and

territorial revenues and civil list was prepared and passed by the

assembly for the purpose of being forwarded to His Majesty. It recited

the proceedings, in regard to the matter, which had taken place already,

and the desire of the House of Assembly to accept the proposition

contained in Mr. Stanley's despatch, and expressed the regret of the

House at the new condition imposed with regard to the New Brunswick Land

Company, which made it impossible to accept the settlement as amended.

The House concluded by expressing the hope that the terms proposed in

the original despatch might yet be considered definitive, and that the

proviso with regard to the New Brunswick Land Company might be

withdrawn. This was transmitted to England; but, before the year ended,

Sir Archibald Campbell concluded to rid himself of the House of

Assembly, which had given him so much annoyance, and accordingly it was

dissolved early in November; so that when the legislature met again in

January, 1835, the House was a new one, although largely composed of the

old members.

CHAPTER III

WILMOT IN THE LEGISLATURE

Wilmot acquired a good legal practice soon after his admission to the

bar, and was recognized as a highly successful advocate in cases before

a jury. In the opinion of the legal profession he never was a deeply

read lawyer, either as a barrister or as a judge, but in the conduct of

a case at _nisi prius_ he could hardly have been surpassed. He had the

gift which has been possessed by all great advocates, of seizing on the

leading feature of a case, and, regardless of all minor issues, pressing

it home on the minds of the jury. His eloquent and impressive speeches

on behalf of his clients soon began to attract general attention, and

the court-house was thronged when it was known that he was about to

address a jury. He was speedily marked as the proper person to represent

the views of the people in the House of Assembly, and, on a vacancy

occurring in the representation of the county of York in consequence of

the death of one of the members in the summer of 1834, Wilmot was

elected without opposition, none of the government party having the

courage to oppose him. Before the time came round for the meeting of the

legislature, the House was dissolved by Sir Archibald Campbell, in the

hope that he might be able to get an assembly more amenable to his

wishes, and, at the general election which followed, Wilmot was again

elected, at the head of the poll. At that time he had barely completed

his twenty-fifth year. It was a great triumph for Wilmot and the friends

of Reform, for all the influence of the friends of the governor and the

Family Compact was arrayed against him.

{ENTERS THE LEGISLATURE}

Mr. Wilmot took his seat as a member of the House of Assembly on January

25th, 1835. Young as he was, he had already made a great reputation as a

public speaker, and there was no man in the legislature or in the

province who could stand any comparison with him in point of eloquence.

Indeed, it is doubtful whether the British North American provinces have

ever produced a man who was Wilmot's superior in that style of oratory

which is so telling on the hustings or where great masses of men are to

be moved. The evidence of this fact does not rest on the testimony of

his countrymen alone, for he acquired a wider fame for eloquence than

they could give him. At the Portland Railway Convention of 1850, where

the ablest men of the Northern States were gathered, he easily eclipsed

them all by his brilliant and powerful oratory. The reporters are said

to have thrown down their pencils in despair, being unable to keep pace

with him as he aroused the enthusiasm of all who heard him by his

burning words. Unfortunately, there is no form of ability which is so

transient in its effects as this perfervid style of oratory. So much of

its potency depends on the action of the speaker, on the glance of his

eye and the modulation of his voice, that no report could do justice to

it, even if there had been reporters at that time capable of putting

down every word he uttered. The speeches of even Gladstone, when

reported word for word, read but indifferently when seen in cold type,

and no speech of Wilmot's was ever properly reported. He was incapable

of writing out a speech after he had delivered it, so that we must take

the united testimony of his contemporaries, whether friends or enemies,

that he was, upon his own ground, an unequalled speaker.

The House in which he now found himself was not one that was remarkable

for its eloquence. Unlike most of the legislatures of the present day,

the proportion of lawyers was very small, there being only five in a

House of thirty members, and of these five the only one who was an

orator was Wilmot. The other twenty-five members were mostly business

men and farmers, some of whom could express their views on public

questions clearly enough, but had no pretensions to eloquence. Yet it

was a good House, and one of its best features was that its members were

able to appreciate the worth of the new representative from the county

of York.

The aim of Wilmot, when he entered the legislature, was to bring the

province into line with the principles of responsible government as

understood in the mother country. Yet, looking at the state of New

Brunswick then, it is easy to see that the task he had undertaken was

one of enormous difficulty. Most of the evils of which the people had

been complaining still existed. The casual and territorial revenue was

still under the control of the home authorities, the custom-house

establishment still remained unreformed, the Family Compact still

controlled all the great public offices, and none but members of the

Church of England were thought worthy to serve their country in a public

capacity.

Two years earlier the executive and legislative councils had been

separated; but the change had made little or no improvement in the

system of government. The executive council consisted of five members,

all of whom held public offices from which they could not be removed by

any act of the legislature. The first on the list was Baillie, the

surveyor-general, whose record has already been referred to; next came

F. P. Robinson, the auditor of the king's casual revenue; another was

William F. Odell, whose father had been provincial secretary for

twenty-eight years, and who himself filled the same office for

thirty-two years. George F. Street, the solicitor-general, was another

member of the executive, and the last on the list was John Simcoe

Saunders, who was advocate-general and held three or four

commissionerships besides. All these men were so solidly entrenched in

their positions that it seemed impossible they should ever be disturbed.

They formed a solid phalanx opposed to all reform, and they were

supported by the governor, Sir Archibald Campbell, most of whose life

had been spent in India and who, however well fitted to govern Hindoos,

was hardly the man to give laws to white men who claimed to be free.

{BECOMES A LEADER}

As soon as Wilmot entered the House of Assembly, he began to take a

leading part in its debates. The very day he took his seat he was

appointed on the committee to prepare an address in reply to the speech

from the throne. On the following day he gave notice of a resolution

with regard to the boundary between Maine and New Brunswick, a subject

that was then coming to the front. A day or two later he brought in a

bill to continue the Act to provide for the expenses of judges on

circuits. Indeed, no man was more active during that first session than

the new member for the county of York.

There were two questions that came up for discussion in which, as a

Reformer, he was specially interested,--the salaries of the customs

establishment, and the casual and territorial revenue. With regard to

the latter, when the House had been sitting about a month, the reply of

the colonial secretary to the address of the previous session was laid

before it. That address, it will be remembered, related to the offer

which had been made to the British government to take over the Crown

lands and provide for a civil list of fourteen thousand pounds sterling,

the payments expected from the New Brunswick Land Company to be included

in this arrangement. The reply of the colonial secretary was as

follows:--

"From various parts of the address I infer that the proposal conveyed to

the assembly, through my predecessors, must have been misapprehended in

more than one important particular; and I have especially remarked the

erroneous assumption that, in offering to surrender the proceeds of the

Crown lands, it was intended also to give up their management, and to

place them under the control of the legislature.

"From the course of their proceedings, as well as the tenor of the

present expression of their sentiments, the assembly must be understood

to consider it an indispensable condition that the payments of the Land

Company should be comprised among the objects to be surrendered to them.

This is a condition to which His Majesty's government cannot agree. His

Majesty's government would also be unable to recognize the

interpretation which was placed on their former offer, so far as regards

the control over the lands belonging to the Crown in New Brunswick.

Under these circumstances, I can only desire you to convey to the

assembly His Majesty's regrets that the objects of their address cannot

be complied with, and, adverting to the wide difference between the

views entertained by the government and those manifested by the assembly

on this subject, it seems to me that no advantage could be anticipated

from making any further proposals at present respecting the cession of

the territorial revenue."

{RENEWED AGITATION}

This despatch, which brought a sudden close to the negotiations with

regard to the casual and territorial revenues of the province, did not

emanate from the government with which the House of Assembly had been

previously negotiating, but from a new administration which had just

been formed under the premiership of Sir Robert Peel, and which lasted

just one hundred and forty-five days. The creation of this

administration was due to the action of King William IV, in dismissing

his advisers on the death of Earl Spencer, which removed Lord Althorp

from the House of Commons. The king had grown to detest his cabinet for

their reforming spirit, but his designs were thwarted by the failure of

Sir Robert Peel to form an administration capable of facing the House of

Commons. As a consequence, Viscount Melbourne again became premier, and

a renewal of the negotiations with the government in regard to the

casual and territorial revenues was rendered possible.

The House of Assembly was still determined to keep the question of the

casual and territorial revenue to the front, and at a later period in

the session another address on this subject was prepared by the House of

Assembly, to be laid before His Majesty. In this address the grievances

with regard to the management of the Crown lands of New Brunswick were

recited, and the willingness of the legislature to provide for the civil

establishment of the province was stated. The address urged the benefits

that would result to the people of New Brunswick from placing the net

proceeds of the Crown-land revenues under the control of the

legislature. Attached to this address was a schedule of salaries

proposed to be paid out of the casual and territorial revenues,

amounting in all to L10,500 currency. The address was transmitted to the

governor to be forwarded to His Majesty. No specific answer was ever

made to this proposal, a fact which was probably due to the confusion,

incident to the change of government, which took place about the time

the address reached Downing Street.

{CUSTOM-HOUSE SALARIES}

Another matter which engaged the attention of the House during this

session, and in which Wilmot took an active interest, was the settlement

of the salaries of the custom-house officials. Although the surplus

revenue from this source went into the provincial treasury, the amount

thus received was much less than it ought to have been, in consequence

of the large salaries which were paid to the officials. In the year 1830

the amount of custom-house duties collected in the province was L16,616

18s. 11d. sterling, from which was deducted for salaries L7,073 6s., or

nearly one-half of the whole amount. The House of Assembly objected to

the payment of such large salaries, and in 1831 proposed to the British

government to make a permanent annual grant of L4,250 sterling for the

payment of customs officials in New Brunswick. This proposal was

accepted, and in the following year a bill was passed in accordance with

this arrangement. But it was protested against by the customs

authorities in England and disallowed because the salaries of the

officers of customs were not made the first charge on the revenue.

During the session of 1835, an amended bill embracing this provision was

passed, and the question was settled for the time. Mr. Wilmot was not

satisfied with this arrangement, because it was a violation of the

principle that the House of Assembly should have control of the

provincial revenue, and he therefore voted against it. Nevertheless, the

measure apart from this violation of a fundamental principle, was a gain

to the province, as it placed a considerable sum additional in the

public treasury.

CHAPTER IV

WILMOT AS A DELEGATE TO THE COLONIAL OFFICE

Mr. Wilmot took a very active part in the proceedings of the legislature

during the session of 1836, and was the moving spirit in the committee

of the whole to inquire into the state of the province during that

session. The result was the passing by large majorities of a series of

twenty-six resolutions condemning the management of the Crown lands

office, the composition of the executive council and also of the

legislative council, and declaring that the control of the casual and

territorial revenues should be placed in the hands of the legislature.

These resolutions were made the basis of an address to His Majesty,

which was to be carried to England by a deputation of two members of the

House of Assembly. This address relates at length the principal facts of

the management of the Crown lands and the reasons of the House of

Assembly for dissatisfaction therewith. Mr. Wilmot, in recognition of

the active part he had taken in this business, was appointed a member of

the delegation, the other member being William Crane of Westmorland, a

gentleman of experience, wealth and standing in the province. This

appointment was the highest compliment that could possibly have been

paid to Wilmot's capacity, for the negotiation then to be conducted with

the colonial office was of the most important and delicate character,

and one which vitally affected the interests of the province.

The colonial secretary at that time was Lord Glenelg, a statesman whose

character has been drawn by Sir Henry Taylor, who was then a clerk in

the colonial office. "Amiable and excellent as he was," says Taylor, "a

more incompetent man could not have been found to fill an office

requiring activity and ready judgment. A dart flung at him by Lord

Brougham in 1838 points to his notorious defect as a minister called

upon to deal with a crisis. The then crisis was that of the Canadian

Rebellion." "It is indeed," said Lord Brougham, "a most alarming and

frightful state of things, and I am sure must have given my noble friend

many a sleepless day." It was probably because of Lord Glenelg's habit

of procrastination that the delegates had to remain in London for four

months before they were able to bring their business to a conclusion.

They arrived there about the middle of June, and it was well on in

October before they were able to leave. The result of their work was

that an arrangement was made satisfactory both to the British government

and to the delegates representing the House of Assembly, by which the

casual and territorial revenues were to be transferred to the province,

in consideration of the legislature undertaking to provide for a civil

list of L14,500 currency annually, for the payment of certain salaries

chargeable to that fund. A draft of a Civil List Bill was prepared and

agreed to by the lords of the treasury, and the understanding was that

this bill should be passed by the legislature, and receive the assent of

the lieutenant-governor, when it would immediately become operative.

{CIVIL GOVERNMENT BILL}

The first clause of this bill transferred the proceeds of the

territorial and casual revenues, and of all woods, mines and royalties

which had been collected and were then in hand, or which should

thereafter be collected, to the provincial treasurer, who was authorized

to receive them for the use of the province, while the Act remained in

force. The second clause charged the revenues with the payment of

L14,500 for a civil list. The third clause enacted that all the surplus

over and above the sum of L14,500 currency, should remain in the

treasury of the province until appropriated or disposed of by an Act or

Acts of the general assembly. The fourth clause gave the

lieutenant-governor, with the advice of his executive council, power to

expend such sums as they might deem necessary for the prudent

management, protection and collection of the said revenues, a detailed

account of which was to be laid before the legislature within fourteen

days of the commencement of each session, with all vouchers for the

same. It was also enacted that all grants or sales of Crown lands should

be void, unless the land had been sold at public auction after due

notice in the _Royal Gazette_. By this arrangement the House of Assembly

had obtained the boon for which it had so long been contending, but

there was still one more obstacle to be overcome,--the opposition of the

lieutenant-governor, Sir Archibald Campbell, who had entered into a plot

with some of the enemies of freedom in the province for the purpose of

thwarting, not only the wishes of the House of Assembly, but also the

intentions of the home government. As soon as Sir Archibald Campbell was

apprised of the intention of His Majesty's advisers in England to

transfer the casual and territorial revenues to the provincial

legislature, he commenced a correspondence with the colonial office,

pointing out what he deemed to be imperfections in the scheme which they

had prepared for the management of the public lands. He pretended to

have discovered that there was some error in the calculation of the

lords of the treasury with regard to the sum to be paid in lieu of the

civil list, and that the amount of L14,500 currency would not be

sufficient to defray all the expenditures chargeable on the civil list.

{AN OBSTRUCTIVE GOVERNOR}

Sir Archibald Campbell, soon after the opening of the session of the

legislature, in December 1836, requested the House of Assembly to add a

suspending clause to any Civil List Bill they might pass, so that he

might forward it to the home government for their approval. As this was

entirely contrary to the understanding which had been reached between

Messrs. Wilmot and Crane and the colonial secretary,--it being

understood that the bill if passed in the form agreed upon would be

immediately assented to by the lieutenant-governor,--the House of

Assembly very naturally refused to comply with Sir Archibald's wishes.

He, however, held firm in his resolution, and the Civil List Bill which

had been agreed to by the home authorities, after being passed by both

Houses, did not receive his assent. At the close of the session, while

the matter was under discussion, at the instigation of the

lieutenant-governor one of the executive council, Solicitor-General

Street, was sent on a secret mission to Downing Street. The object of

this mission was to make such representations to the home authorities as

would induce them to delay giving their assent to the Civil List Bill.

The truth of the matter seems to have been that Sir Archibald Campbell

and his advisers in New Brunswick thought if they could only gain time

the Liberal government of England which had granted such favourable

terms to the province might be defeated, and a Tory government come into

power which would speedily undo all that their predecessors had done,

and refuse to grant any concessions to the legislature of New Brunswick.

There was great excitement in the province in consequence of the action

of the lieutenant-governor, and this excitement was fairly voiced in the

House of Assembly, where an address was prepared representing the

condition of affairs to His Majesty, and detailing the manner in which

the lieutenant-governor had sought to thwart the intentions of the

imperial government. This address was passed by a vote of twenty-seven

to two, the only members of the House who ventured to stand with the man

who occupied Government House being John Ambrose Street and William End.

{CIVIL GOVERNMENT BILL PASSED}

Messrs. Crane and Wilmot were again appointed a deputation to proceed to

England with the address of the House of Assembly, and took their

departure two days after it was passed, amidst great popular

demonstrations by the citizens of Fredericton. The legislature was

prorogued on March 1st, on which day the House of Assembly again

requested the lieutenant-governor to pass the Civil List Bill, pointing

out that under the arrangements made with the colonial office it was his

duty to do so, but their request fell upon deaf ears. In the speech

proroguing the legislature, Sir Archibald Campbell stated that he had

withheld his assent from this bill because a suspending clause had not

been appended to it. These were the last words that this obstinate

governor was destined to speak before a New Brunswick legislature.

Finding that all his hopes of impeding the progress of the province in

the direction of political liberty were in vain, he tendered his

resignation to save himself from being removed, as he would have been,

for his direct disobedience to the commands of his superiors in

England.[1] Sir John Harvey, another soldier, but a man of a very

different spirit, was appointed to succeed him as lieutenant-governor.

The Civil List Bill was again passed at a special session of the

legislature and received the assent of the governor, becoming law on

July 17th, 1837. From that time to the present, the province of New

Brunswick has controlled the revenues which it derives from its Crown

lands and similar sources, and, whether wisely expended or not, the

people of this province have at least the satisfaction of knowing that

the money is appropriated by their own representatives, and by a

government which is responsible to them for its actions.

The death of King William IV took place during the summer of 1837, and

brought about another general election. Mr. Wilmot again stood for the

county of York and was returned at the head of the poll. This was only a

proper recognition of his eminent services to the province in the

legislature and as a delegate to England. At this election, Charles

Fisher, a young lawyer, was also returned for the county of York. Mr.

Fisher, although not so fluent a speaker as Wilmot, was second to no man

in the legislature in devotion to Liberal principles, and he proved a

most valuable lieutenant in the battle for responsible government which

now began. The contest for the control of the Crown lands of the

province had been won, but a still more difficult task remained for the

friends of constitutional principles to accomplish,--the making of the

executive responsible to the people. The members of the House of

Assembly had been almost unanimous in demanding the control of the Crown

lands, but, when it came to applying the principles of responsible

government to the affairs of the province generally, there were many

deserters from the ranks of those who had called themselves Reformers.

This was partly due to the principles of responsible government not

being well understood even by some members of the legislature, and

partly to the fact that the question did not touch the self-interest of

the members in the same manner as the mismanagement of the Crown lands

department had done.

Under a thoroughly constitutional system of government the initiation of

money grants would have been in the hands of the executive, but in 1837

not a single member of the executive council had a seat in the House of

Assembly. Three of the five members of the executive council were also

members of the legislative council, but the two others had no seat in

either House, a fact which shows on what lax principles the executive

was constructed. The initiation of money grants being in the House of

Assembly, any private member had it in his power to move an

appropriation of money for any object that he pleased. In this way a

system of "log rolling" was inaugurated in the legislature, which

resulted in extravagant expenditures and the appropriation of money for

objects which, under a better system, would not have received it. It was

impossible to put any check upon the expenditure or to keep it within

the income under such an arrangement, and one of the first efforts of

the Reformers was therefore directed to the removal of this abuse.

Unfortunately this was, of all the proposed reforms in the constitution,

the one most difficult to carry, and it was not accomplished until after

Wilmot had retired from public life.

{KING'S COLLEGE}

One of the subjects which engaged the attention of Mr. Wilmot, at an

early period of his legislative career, was the charter of King's

College. This charter had been obtained in 1828 from His Majesty, King

George IV, and the legislature had granted the college an endowment of

eleven hundred pounds currency a year, in addition to ten hundred pounds

sterling granted by the king out of the casual and territorial revenues

of the province. The aim of the charter was to make the college a Church

of England institution exclusively, for it provided that the bishop of

the diocese should be the visitor of the college, and that the president

should always be a clergyman in holy orders of the United Church of

England and Ireland. No religious test was required of students

matriculating or taking degrees in arts, but the council of the college,

which was the governing body, was to be composed of members of the

Church of England, who, previous to their appointment, had subscribed to

the thirty-nine articles. The professors, to the number of seven, who

were members of the Church of England, were to be members of the

council, so that, although no religious test was required of them, it

was reasonably certain that none but persons of that denomination would

be appointed to professorships. These terms were much complained of, and

surely it was absurd to place a provincial college under the control of

a single denomination which could not claim more than one-third of the

population of the province as belonging to its communion. It is stated

in Fullom's _Life of Sir Howard Douglas_, who was lieutenant-governor of

the province at the time, that the charter would have been much less

liberal than it was if it had not been for his efforts. The Bishop of

Nova Scotia and the Bishop of London desired to confine it entirely to

students belonging to the Church of England, and to make subscription to

the thirty-nine articles a condition precedent to the granting of

degrees in arts. On the other hand, Attorney-General Peters in 1845,

when the amendments to the charter were discussed in the legislative

council, stated that the charter as originally drafted and sent to

England was much more liberal in its provisions than when finally

passed, but that in 1828, to the surprise of Sir Howard Douglas, the

then existing charter came out copied from one obtained by Dr. Strachan

for Upper Canada. If this statement was correct, it affords a singular

illustration of the injury that the bigotry of one man can cause to

future generations. If King's College had treated all denominations on

equal terms, all would have resorted to it for higher education. As it

was, it became the college of only a section of the people, the

different denominations established colleges of their own, and when

finally the connection between the Church of England and King's College

was severed and it became the University of New Brunswick, the

denominational colleges had become so well established that it could

hardly compete with them on equal terms.

{AN EXCLUSIVE INSTITUTION}

During the session of 1838 Mr. Wilmot, as chairman, submitted to the

legislature the report of the select committee which had been appointed

to take into consideration the state of the college. In this report it

was proposed to make certain alterations in the charter for the purpose

of rendering it more acceptable to those who were not in the communion

of the Church of England. In 1839 he introduced a bill in the House of

Assembly embracing these amendments. The principal changes were to make

the lieutenant-governor visitor of the college instead of the bishop, to

repeal the section which provided that the president of the college must

be a member of the Church of England, and to make persons of every

denomination eligible for members of the college council. The

professorship of theology was still retained, and students in that

course were still required to subscribe to the thirty-nine articles,

while services were held in the college morning and evening according to

the rites of the Church of England. These changes were certainly of a

very moderate character, but they were stoutly resisted by the college

authorities and their friends. They put forward the plea that the

legislature had no right to alter a royal charter, that to do so was an

interference with the royal prerogative, and that the direst consequence

would ensue if the constitution of the college was changed. According to

their view, a royal charter once granted, the king himself, even with

the assistance of both branches of the legislature, could not amend it.

The college authorities also denied that they were under the control of

the legislature in any way, or responsible to it for their management of

the institution, although they were living on money voted by the

legislature for its support.

{ADDRESS TO THE QUEEN}

Wilmot's bill passed the House of Assembly, but was defeated in the

legislative council. A similar bill was introduced by him in 1840, but

postponed in consequence of a communication from the college council

which seemed to show an inclination to yield something to the demands of

the public. But a fatal objection to these modifications being accepted

was the insistence of the college council that the bishop of the

diocese, or in his absence the archdeacon, should be a member of that

body. Representatives of the Presbyterians, Methodists and Baptists

pointed out in a memorial to the lieutenant-governor that the exclusive

character of the council would still remain, as that body would be

composed wholly of members of the Church of England. Lord John Russell,

the colonial secretary, to whom the matter had been referred, suggested

that the college should surrender its charter and that a new one should

be prepared embracing the proposed changes, but the college council took

no steps to carry these suggestions into effect. This being the case, at

Wilmot's instance the House of Assembly proposed an address to the queen

setting forth the facts of the case and asking Her Majesty to assent to

a bill, a draft of which was enclosed, which the House of Assembly was

prepared to pass.

At the session of 1842 Wilmot again introduced the King's College Bill,

and it was passed by the House, but again rejected by the legislative

council. Early in the session of 1843, the lieutenant-governor

communicated to the House by message two despatches from Downing Street

on the subject of the college. One of these was from Lord John Russell,

and the other from his successor, Lord Stanley. Lord John laid down the

doctrine that "it is a principle of undoubted validity that a grant of

franchise by the Crown is irrevocable and unalterable by a further

exercise of the royal authority unless the power of revocation and

change be embodied and reserved in the original grant, or unless the

grantees make a voluntary surrender of their franchises." Lord John had

evidently forgotten his English history, or he would have known that

English kings on many occasions had revoked charters granted by

themselves or their predecessors.[2] Lord John desired the college to

surrender its charter and accept a new one, but Lord Stanley and the law

officers of the Crown whom he had consulted held a different view, and

thought that a new charter could be granted to supersede the old. Both

colonial secretaries were desirous that the changes in the constitution

of the college should be effected by a new royal charter. But this did

not suit the views of the House of Assembly, and after another college

bill had been defeated in the House and rejected by the council, on

March 20th, 1843, the following resolution, which was moved by Mr.

Wilmot, was passed by the House without a division:--

"WHEREAS, The assembly, during several years past, have endeavoured,

without success, to effect certain reasonable modifications in the

charter of King's College; and whereas those modifications as contained

in the bill which has been rejected by the legislative council, during

the present session, have been loudly and repeatedly called for by

numerous petitions from nearly every county in the province, while no

petition has ever been presented against those modifications; and

whereas it is in vain to expect the amount of public benefit from the

institution which its munificent endowment from the provincial revenue

should ensure; therefore,

"_Resolved_, That this House have learned with much regret and

disappointment that a majority of the legislative council have rejected

the said bill during the present session; and further

"_Resolved_, That this House should persevere in their endeavours to

amend the said charter by legislative enactment, and not resort to an

address to the throne for a new charter; and that this House will

steadfastly adhere to the principle that all the educational

establishments of the province, which are endowed from the colonial

revenues, whether incorporated by royal charter or otherwise, should be

at all times subject to the supervision of the local legislature."

{COLLEGE CHARTER AMENDED}

This resolution embodied a great principle to which the House of

Assembly was determined to adhere, and which was very soon carried out.

In 1844 the college amendment bill was again rejected by the council,

but this was the last effort of that reactionary body to defeat the

wishes of the people. At the session of 1845, the college bill was

again introduced by Mr. Wilmot, and this time it passed both Houses.

But like many important bills of that day it was reserved for Her

Majesty's pleasure and although passed in March, 1845, it was not until

December, 1846, that it received the royal assent and became law.

FOOTNOTES:

[1] This is shown by the correspondence of Sir John Harvey with the

colonial office. Sir John was then governor of Prince Edward Island.

[2] Charles II annulled the charter of Massachusetts, and disposed in a

similar fashion of the charter of the city of London, as well as of many

English towns.

CHAPTER V

LORD JOHN RUSSELL ON TENURE OF OFFICE

In the session of 1840 Sir John Harvey, the lieutenant-governor,

communicated to the legislature a despatch which he had received from

Lord John Russell a short time before. This dealt with the question of

the tenure of public offices in the gift of the Crown throughout the

British colonies. Lord John had been struck by the fact that, while the

governor of a colony was liable to have his commission revoked at any

time, the commissions of all other public officials were very rarely

recalled except for positive misconduct. In New Brunswick offices had

been held generally for life and sometimes for two lives, as was the

case with the Odells, father and son, who filled the position of

secretary of the province for sixty years. One attorney-general of the

province had held office for twenty-four years, another for nineteen

years and a third for twenty years. One surveyor-general held office for

thirty-three years and another for almost thirty years. Under such a

system, it was clear that responsible government could make no advance,

for these officials held their positions quite independently of the

wishes of the legislature. Lord John Russell thought that the time had

come when a different course should be followed, and his despatch was

for the purpose of announcing to the lieutenant-governor the rules which

would hereafter be observed in the province of New Brunswick. He said:--

"You will understand, and cause it to be made generally known, that

hereafter the tenure of colonial offices held during Her Majesty's

pleasure will not be regarded as equivalent to a tenure during good

behaviour, but that not only such officers will be called upon to retire

from the public service as often as any sufficient motives of public

policy may suggest the expediency of that measure, but that a change in

the person of the governor will be considered as a sufficient reason for

any alterations which his successor may deem it expedient to make in the

list of public functionaries, subject, of course, to the future

confirmation of the sovereign.

"These remarks do not extend to judicial offices, nor are they meant to

apply to places which are altogether ministerial, and which do not

devolve upon the holders of them duties, in the right discharge of which

the character or policy of the government are directly involved. They

are intended to apply rather to the heads of departments than to persons

serving as clerks, or in similar capacities under them. Neither do they

extend to officers in the services of the lords commissioners of the

treasury. The functionaries who will be chiefly, though not exclusively,

affected by them, are the colonial secretary, the treasurer or

receiver-general, the surveyor-general, the attorney-general and

solicitor-general, the sheriff or provost marshal, and other officers,

who under different designations from these, are entrusted with the same

or similar duties. To this list must be also added the members of the

council, especially in those colonies in which the legislative and

executive councils are distinct bodies.

"The application of these rules to officers to be hereafter appointed

will be attended with no practical difficulty. It may not be equally

easy to enforce them in the case of existing officers, and especially of

those who may have left this country for the express purpose of

accepting the offices they at present fill. Every reasonable indulgence

must be shown for the expectations which such persons have been

encouraged to form. But even in these instances it will be necessary

that the right of enforcing these regulations should be distinctly

maintained, in practice as well as in theory, as often as the public

good may clearly demand the enforcement of them. It may not be

unadvisable to compensate any such officers for their disappointment,

even by pecuniary grants, when it may appear unjust to dispense with

their services without such an indemnity."

{AN HISTORIC DESPATCH}

This despatch produced consternation among those who had been accustomed

to regard their offices as held on a life tenure, but it was looked

upon by all the friends of good government as the beginning of a new

and better order of things with respect to the public services. The

matter was considered by a committee of the whole House a few days after

the despatch was received, and an effort was made by Wilmot to have a

favourable vote with regard to it. But although the friends of the old

Family Compact always professed to be extremely loyal and to pay great

deference to the wishes of the British government, on this occasion they

pursued a different course. A majority of the House voted down a

resolution which affirmed that this despatch should be "highly

satisfactory," "affording, as it does, the most satisfactory proof of a

sincere desire on the part of our Most Gracious Queen and her government

to infuse principles in the administration of colonial affairs strictly

analogous to the principles of the British constitution." Instead of

passing this sensible resolution the committee, by the casting vote of

the chairman, passed the following absurd amendment:--

"_Resolved_, As the opinion of this committee, that there is nothing in

the despatch of the Right Honourable Lord John Russell, now under

consideration, to call forth any expression from the House on the

subject of colonial government, and that in the event of any occurrence

taking place to disturb the present happy political state of the

province, the House cannot but entertain the opinion that any loyal and

dutiful representations which they may have occasion to lay at the foot

of the throne will receive, as they have always done, the royal

consideration."

The vote on the original resolution was fifteen to thirteen, so that,

although defeated, it had a strong support in the House, yet it was

years before the principles embodied in the despatch of Lord John

Russell were carried into full effect in New Brunswick.

{OFFICIAL SALARIES}

When the Civil List Bill was passed in 1837, the salaries of the public

officials which were provided for in it were placed on a very liberal

scale. The lieutenant-governor was to receive L3,500 sterling, or almost

double the present salary of the lieutenant-governor of New Brunswick.

The commissioner of Crown lands was to have L1,750 sterling, or about

five times as much as the present holder of that office; the provincial

secretary got L1,430 sterling, or more than three times as much as the

secretary of the province now receives. All the other salaries were in

the same proportion, and on a scale altogether beyond the means of the

province. It was admitted by Lord Glenelg, when the arrangements were

being made for the transfer of the casual and territorial revenues, that

these salaries might require modification, and he suggested that the

legislative council and the House of Assembly should at some future day

present him with their views on this subject. At the session of 1837, a

committee of the House of Assembly, of which Wilmot was a member,

reported in favour of a reduced scale of salaries, and this report was

adopted by the House. During the same year, a committee of the council

recommended that the salary of the surveyor-general or commissioner of

Crown lands should be reduced to twelve hundred pounds currency. This

reduction was protested against by Mr. Baillie, who had held the office

for many years, but it was thought to be reasonable by Lord Glenelg. The

executive council, however, took no steps to effect this reduction,

possibly because Mr. Baillie himself was a member of that body. At the

instance of Mr. Wilmot, the matter was taken up by the House at the

session of 1839, and a strongly worded resolution passed censuring the

executive council for not carrying into effect the reduction of the

salary of the surveyor-general, according to the views of Lord Glenelg.

At a later period in the same session, a committee, of which Wilmot was

an active member, laid before the House a scale of salaries which they

had prepared and which they considered sufficient for the public

officials embraced in the civil list. Under this scale, the salary of

the surveyor-general was reduced to L600 currency, and that of the

provincial secretary to the same amount. This report was not accepted by

the House. There were strong interests working for the retention of the

existing salaries, and it was not until a much later period that the

salaries of the public officials were placed on a footing that agreed

in some measure with the means of the province.

At the session of 1842, Wilmot was an active member of a committee which

was appointed to take into consideration the subject of fees and

emoluments of the public officers, and at a later period in the session

they made a report recommending that all fees should go into the

treasury of the province and that all public officers should receive a

certain fixed salary. They presented with their report a scale of

salaries which they considered sufficient, which gave the provincial

secretary, surveyor-general and attorney-general each six hundred

pounds. Bills were introduced for the purpose of carrying these

recommendations into effect, but, although passed by the House, they

were rejected by the council, which for many years was the graveyard of

all measures for the improvement of the province.

{RESPONSIBLE GOVERNMENT}

The general election of 1842 was mainly fought on the Reform issue, and

the question of responsible government was discussed on every hustings.

Unfortunately very few of the candidates who offered their services as

legislators had a clear idea of what responsible government really

meant, and some of the gentlemen who were not ashamed to confess their

ignorance of the principles of the British constitution were men of

education and position, from whom better things might have been

expected. Mr. Robert L. Hazen, an eminent lawyer, who was a candidate

for the representation of the city of St. John, declared in his

nomination speech that he never met with any one who could explain to

him satisfactorily what responsible government meant. Mr. Humbert, one

of the candidates for St. John County, was entirely averse to the new

principles. "And what," he asked, "are these principles?" "Why," he

would ask, "should the old system be altered; it had never given cause

for complaint, it had always worked well,--then why should the people

complain?" He was not in favour of any innovations on British colonial

government. Very few people understood what responsible government

meant. He hardly understood it himself. It was, in his opinion, just

introducing another branch into our government. He was not in favour of

the government initiating the money votes. He was always sensitive about

the rights of the House--to them ought the power of originating the

supplies to belong, and to none other--and if returned he would oppose

the measure.

Such absurdities as the above would not be worth quoting, but for the

light they throw on the views of the average New Brunswick politician of

that period. Mr. Humbert had been for many years a member of the House

of Assembly, and yet he had been unable to understand the significance

of the changes which the Reformers proposed in the constitution of the

country. The result of the election in St. John showed that the people

of that city and county were quite indifferent to the new doctrines.

For the county, Mr. Partelow was at the head of the poll, and that

gentleman on the hustings had declared that he was opposed to any change

in the constitution. He went into the House, he said, under a

constitution of fifty years' standing, and he was determined to leave it

as he found it, unimpaired. He disapproved of the initiation of money

votes being placed in the hands of the executive. He thought "such a

system would be wrong and pernicious in the extreme."

{REFORMERS DEFEATED}

When the legislature met in January 1843, it was found that the

Reformers were in the minority. Mr. Partelow was determined to make this

fact very clear, for in nominating the speaker he made a speech of some

length in which he declared that the time had come for testing the

principles on which the House should act, and with this object in view

he would throw down the gauntlet to the friends of responsible

government by nominating Mr. J. W. Weldon, to fill the chair. This

gentleman was a very fit representative of the old system, for besides

being a member for Kent, he filled almost all the offices in that county

which one man could hold. He was postmaster of Richibucto, deputy

treasurer for the port of Richibucto, issuer of marriage licenses for

the county of Kent, keeper of the seals and clerk of the peace and of

the inferior court of common pleas, and registrar of probates for the

same county.

Mr. Wilmot was nominated for the speakership by Mr. Hill, of Charlotte,

but declined to run; the odds were too great, and so Mr. Weldon, the

opponent of responsible government, was elected without opposition. This

was an unsatisfactory result after so many years of conflict, but the

friends of Reform, although they had to admit defeat, were neither

daunted nor discouraged. They knew that many other questions besides the

abstract one of the adoption of responsible government had influenced

the recent election, and that the new principles had been blamed for

results that would have been avoided if they had been in operation. For

instance, the transfer of the casual and territorial revenues to the

treasury of the province in 1837 had placed a very large sum, amounting

to L150,000, at the disposal of the legislature. All this money had been

dissipated by extravagant grants, and in 1842 the province was actually

in debt. Many ignorant electors were made to believe that this result

was due to the Reformers who had been the means of obtaining this money,

which the legislature had squandered; and this feeling was so strong in

the county of York, that Messrs. Wilmot and Fisher stood lower on the

poll than the two anti-Reformers who were elected with them.

CHAPTER VI

THE READE APPOINTMENT

Although elected in opposition to responsible government, the

legislature of 1843 at its first session took one important step in

favour of Reform. The arrangement by which the executive and legislative

councils were separated, which had come into force ten years before,

although a decided improvement on the old state of affairs, did not

produce universal satisfaction.[3] The constitution of the legislative

council was complained of, and it was described as an obstructive body

which disregarded the wishes of the people. Bills of the utmost

importance, which had been passed by large majorities in the House of

Assembly, and which were demanded by the people, were frequently

rejected by the council without being even discussed. Most of its

members were opposed to any change in the constitution of the province,

and everything which seemed to be in the direction of giving power to

the people was denounced as an innovation and condemned as an

infringement of the vested rights of the council. One of the chief

causes of complaint against the council was their rejection of every

bill for the amendment of the charter of King's College. Wilmot had so

frequently had his efforts in this direction nullified by the council

that he introduced a resolution in the assembly condemning the conduct

of that body for rejecting the college bill, and the council retaliated

by unanimously voting this a breach of privilege.[4] The complaints of

the House of Assembly against the legislative council were now embodied

in an address to the queen. In this address it was stated that in the

opinion of the House the legislative council should be composed of

persons not only representing all the leading interests of the province,

but so independent in respect to property and so free from official

control as to form a constitutional check on the executive. Although, by

the laws that existed then, members of the assembly were required to be

possessed of real estate to the value of two hundred pounds, over and

above all encumbrances, there was no property qualification whatever

required for members of the legislative council. The address of the

House expressed the opinion that members of the council should be

required to possess a certain amount of real estate, and that their

seats should be vacant on the loss of this qualification, or on their

becoming bankrupt, or public defaulters, or from neglect to give their

attendance for a given time without leave of the lieutenant-governor.

The address also stated that the constitution of the legislative council

was defective and objectionable in other respects, because, of the

eighteen members who composed it, a great proportion held offices at the

pleasure of the Crown, and the principal officers of the government

usually formed a majority of the members present. It was also complained

that members of the Church of England had too great a preponderance in

the council, the only members not of that communion being one

Presbyterian and one Baptist.

{THE LEGISLATIVE COUNCIL}

At the next session of the legislature, despatches from Lord Stanley

were laid before the House of Assembly in which it was stated that the

council would be increased in number to twenty-one, and four new members

of the council were to be appointed. The new members then appointed were

T. H. Peters, Admiral Owen, William Crane and George Minchin, while the

Hon. Thomas Baillie, the surveyor-general, the Hon. Mr. Lee, the

receiver-general, the Hon. James Allanshaw, of St. Andrews, and the Hon.

Harry Peters, of Gagetown, retired. No doubt the retirement of two

officials who received large salaries was some improvement, but the

council required further remodelling before it could be said to be an

efficient body, or one in sympathy with the inhabitants of the

province.

The legislative council has now ceased to exist, and it may be said of

it that it was never a very satisfactory body for legislative purposes.

Perhaps the original composition of it created such a prejudice against

legislative councils as to hamper its activities; and, from having been

at first merely the echo of the wishes of the governor, it became

latterly, to a large extent, the echo of the wishes of the government.

Gradually it became relieved of its official members, and in its last

years no head of a department ever occupied a seat in the legislative

council; for it was thought, and rightly, that the power ought to be in

the House, where the responsibility to the people was most felt, and

that it was not wise to place an official whose department expended

large sums of money in a body which properly had no control over the

public expenditure. The legislative council had undoubtedly from time to

time many able and useful members, and, at certain periods in the

history of the province, particularly during the confederation

discussions, it took a firm stand in favour of measures which seemed

essential to the prosperity of the British North American provinces. No

one can deny that at that time it exercised an authority fully equal to

that of the Lower House, but it cannot be doubted that some of this work

was done at the expense of the proper balance of the constitution. Such

an exercise of unusual authority on the part of a body not elected by

the people may serve a purpose at a particular crisis, but cannot be

commended as an example, and if frequently repeated would end in the

destruction of the constitution.

{THE COUNCIL'S RECORD}

The legislative council lost a considerable proportion of its able men

at the time of confederation by the removal of eleven of its members to

the senate of Canada, although one or two remained with it who were not

inferior to any of those who then took their departure. The new members

who came in as their successors were naturally inferior to the old in

practical experience and ability, and this had, no doubt, an influence

on the future of the House. The example of Ontario, which was able to

conduct its affairs with one House, showed that two independent branches

of the legislature were by no means necessary, and that the council

might be abolished with safety. No doubt it was difficult to bring this

about among a people who had been trained to believe that there was

something essential to legislation in the balance of king, lords, and

commons, making up one legislative body. But in the course of time the

electors began to think that the council was not exactly the proper

equivalent of the House of Lords, and the lieutenant-governor very far

from standing in the position of a king. Old prejudices in favour of a

constitution framed after a particular model are difficult to remove,

but, in the case of New Brunswick, these prejudices were at length

overcome, and it is safe to say that in the course of time all the

provincial legislatures of Canada will consist of but a single chamber.

It is equally safe to assert that under the new system the work of

legislation will be as well done as it was under the old.

The session of the legislature in 1843 came to an end on April 11th, and

on the seventeenth of the same month Wilmot became a member of the

government. His appointment had been preceded by the resignation of five

members of the government--Messrs. Black, Shore, Robinson, Odell and

Crane--and by the appointment of Messrs. E. B. Chandler, Hugh Johnston,

John Montgomery and Robert L. Hazen, to fill the vacancies thus created.

Of the retiring members two--Messrs. Black and Shore--were members of

the legislative council; one of them, Mr. Crane, was a member of the

House of Assembly, while the other two were officials who did not belong

to either branch of the legislature. Of the new members of the executive

council, Messrs. Chandler and Johnston were members of the legislative

council, Messrs. Hazen and Wilmot were members of the House of Assembly,

while Mr. Montgomery had no seat in either House. The executive council

as made up at that time included four members of the legislative

council, three members of the House of Assembly and Mr. Montgomery, who

did not become a member of the House of Assembly until three years

later. There is no doubt that the composition of the new executive

council was more in accordance with correct principles than its

predecessor; yet little could be expected from it in the way of Reform,

for Wilmot was the only member who was in favour of responsible

government.

{ENTERS THE GOVERNMENT}

Mr. Wilmot has been censured for entering a government composed of men

who were opposed to the liberal views he held on public questions. It

was thought by many that his conduct in this respect looked too much

like a surrender of his principles for the sake of office or official

position, and it certainly would have been better if he had continued in

Opposition. Yet we can easily conceive that he may have thought at the

time he could do more for the cause of Reform inside the government than

out of it, and, although this proved to be an error, it was a natural

one for which it is not difficult to find an excuse. Fortunately for the

cause of Reform, Wilmot's connection with the government did not last

long at that time. A storm was gathering in an unexpected quarter which

was destined to wreck the government, and to cause some of its

Conservative members to reconsider their opinions with reference to some

questions which until then they had regarded as fixed and unchangeable.

It has been already stated that the governor of the province made such

appointments to office as he pleased, usually without the advice of his

council. He was supposed to have the power to do this as the

representative of the sovereign and in the exercise of what was termed

"the royal prerogative." In this way persons were frequently appointed

to offices who were not residents of the province, and in all other

cases appointments were given to the members of certain favoured

families. In 1834, a vacancy was created on the supreme court bench by

the death of Chief-Justice Saunders. Ward Chipman was appointed

chief-justice in place of Mr. Saunders, and the vacant puisne judgeship

was given to James Carter, who afterwards became chief-justice of the

province. Carter was a young Englishman then living in London, and was

certainly no better qualified to fill the position of judge than many

natives of the province, so that it was regarded as a gross insult to

the members of the New Brunswick bar, to give such an appointment to a

stranger. Yet so slow was public opinion to make itself felt in regard

to the evil of the appointing power being given to the governor without

qualification, that ten years later the House of Assembly presented an

address to Sir Charles Metcalfe, governor-general of Canada, expressing

the high sense entertained by them, as representatives of the people of

New Brunswick, of the "constitutional stand" taken by him in maintaining

the prerogative of the Crown in the then recent memorable "conflict."[5]

The city of St. John also, to show its loyalty, presented a similar

address; and one signed by one thousand persons was sent from the county

of York.

{SIR CHARLES METCALFE}

Yet nothing can be more clear than that the stand taken by Sir Charles

Metcalfe in 1844 was wholly wrong, for it consisted in refusing to

consult with his council in regard to appointments, and in making

appointments contrary to their advice. What would the people of Canada

say to-day to a governor-general who insisted on appointing men to

office against the advice of his cabinet? Yet it was for doing this that

the New Brunswick House of Assembly, the city and county of St. John and

the county of York actually grovelled in the dust before this despotic

governor, thus approving of all his acts. Such abasement and

subserviency to an unconstitutional governor was certain to bring its

own punishment, and it came much sooner than any one could have

anticipated. On Christmas Day of the same year the Hon. William Franklin

Odell, who had been provincial secretary for thirty-two years, died at

Fredericton. Mr. Odell's father had been secretary before him from the

foundation of the province, so that the Odell family had held that

important and highly lucrative office for sixty years.

The governor at this time was Sir William Colebrooke, and on January

1st, 1845, just one week after the death of Mr. Odell, he appointed his

son-in-law, Alfred Reade, who was a native of England and a stranger to

the province, to the vacant office. The gentlemen who had been most

prominent in shouting their approval of the "constitutional stand" taken

by Sir Charles Metcalfe, now suddenly discovered that Sir William

Colebrooke's conduct in making this appointment without consulting his

council, was a fearful outrage, and their distress was pitiable to

behold. Several members of the government, including such zealous

upholders of the prerogative as the Hon. Robert L. Hazen, of St. John,

at once resigned their positions. A communication from three of

them--Hugh Johnston, E. B. Chandler and R. L. Hazen--addressed to His

Excellency gave as their reasons for resigning that they could not

justify the exercise of the prerogative of the Crown in respect to Mr.

Reade's appointment, because they felt that "the elevation to the

highest offices of trust and emolument of individuals whose character,

services, and claims to preferment, however appreciated elsewhere, are

entirely unknown to the country generally, is prejudicial to the best

interests of the province." They did not, however, make it a ground of

objection that the appointment of Mr. Reade was forwarded for the royal

approbation without the advice or concurrence of the council. These

gentlemen evidently thought it was too early for them to eat the words

in regard to the prerogative of the Crown, of which they had been so

free a few months before, but they showed their true characters by

deserting the governor because he had been foolish enough to believe

that their profuse expressions in favour of the royal prerogative were

sincere.

{RESIGNATION}

Mr. Wilmot, who also resigned, sent a separate communication to the

lieutenant-governor in which he stated what he considered to be the true

constitutional doctrine which should govern such matters. He said:--

"In the first place, I consider it justly due to the people of this

province, that all the offices of honour and emolument in the gift of

the administration of the government should be bestowed upon inhabitants

of the province who have made this country their home, and, in the cases

of the principal offices, those persons should be preferred who have

claims for public services rendered to the province, and who can command

the respect and confidence of the country. With these views, which I

hope I shall ever retain, I must necessarily disapprove of the

appointment in question, as I can only look upon Mr. Reade as a

comparative stranger and a transient person, while, at the same time, I

am of opinion that he has no claim whatever on the ground of public

services rendered to this province.

"It would be in vain for the parents of our youth to make every exertion

in order to qualify their sons for the higher offices of the province,

if the avenues to honourable and profitable preferment are to be thus

closed against them; and I therefore cannot but view the appointment

under consideration as an act of great injustice to the people of this

country; and I can safely assure Your Excellency that it will be thus

considered throughout the length and breadth of the province.

"Your Excellency is well aware that ever since I have had the honour of

having a seat in the council, I have approved of, and advocated those

principles of colonial government which are now in full operation in

Canada, which have been distinctly enunciated by the present government

in the House of Commons, and which require the administration to be

conducted by heads of departments responsible to the legislature, and

holding their offices contingently upon the approbation and confidence

of the country as expressed through the representatives of the people.

Still entertaining a strong attachment to those principles from a clear

constitutionality, and, from a conscientious belief in their safe and

practical adaptation to a British colony enjoying the privileges of a

representative form of government, I can see no sufficient reason for

withholding their salutary influence from the loyal and intelligent

people of this province; and considering it more advisable that a

gradual advancement should be made by the government itself towards

those principles as opportunities may offer, than that a concession in

gross should hereafter be made to the urgent demands of the country, I

am of the opinion that the provincial secretary should now be brought

into the executive government, and should hold a seat in one of the

Houses of the legislature--his tenure of office being contingent upon

the successful administration of the government; and therefore, as the

appointment in question has been made irrespective of any of these

conditions, I am bound to give it my opposition."

{REMONSTRANCE OF THE ASSEMBLY}

When the House met in the latter part of January, the Reade appointment

immediately became the subject of discussion, and by the vote of

twenty-four to six, an address was passed to Her Majesty the Queen,

condemning the appointment, not, as the members said, because they

questioned "in the remotest degree the prerogative in its undoubted

right to make such appointments," but because they thought that the

right of appointment had been improperly or unjustly exercised. In other

words, the members of the House of Assembly surrendered the principle

that appointments should be made by the governor, with the advice of

his executive, and only objected to the Reade appointment because, in

their opinion, some one else should have been chosen. It is easy to see

that in subscribing to this address the members of the House stultified

themselves; for if it was a part of the prerogative of the Crown to make

appointments without the advice of the council, surely the exercise of

the prerogative in the appointment of a particular individual could not

be fairly questioned. The result of the difficulty, however, was the

cancelling of Mr. Reade's appointment by the home government. This

decision was communicated to the House of Assembly by message on

February 3rd, 1846. The despatch from the colonial office, upon which

the lieutenant-governor acted, was written on March 31st, 1845, and must

have been received by him at Fredericton not later than the last of

April. But notwithstanding this despatch Mr. Reade held office until

July 17th, so it will be seen that Sir William Colebrooke was in no

hurry to carry out the wishes of the home government. Lord Stanley, the

writer of the despatch in question, expressed the opinion that public

employment should be bestowed on the natives or settled inhabitants of

the province, and he thought that Mr. Reade did not come under this

description. He closed his despatch with the following singular

statement:--

{READE'S APPOINTMENT CANCELLED}

"I observe with satisfaction that the House of Assembly have not only

abstained from complicating the subject with any abstract question of

government, but have rejected every proposal for laying down formal

principles upon such questions. The House has, I think, in this course

done justice to the earnest desire of Her Majesty that the colonial

administration generally should be conducted in harmony with the wishes

of her people, whatever may be the variations arising out of local

considerations and the state of society in various colonies, subject to

which that principle may be carried into practice; and it is anxiously

hoped that the same wise forbearance which has led the House of Assembly

to decline the unnecessary discussion of subjects of so much delicacy,

may lead them also to regard the practical decision now announced as the

final close of the controversy, and to unite in the promotion, not of

objects of party strife and rivalry, but of the more substantial and

enduring interests of the colony which they represent." If these words

have any meaning, they seem to show that at that date the British

government believed the right of appointment to be in the Crown, without

reference to the council, and that they were unwilling that any general

principle should be laid down by the legislature of the province which

conflicted with this view.

FOOTNOTES:

[3] This change had been effected by a royal commission under the signet

and sign-manual dated December 3d, 1832. There is nothing in the records

of the province to show why this was done. Neither the council nor the

House of Assembly had asked for it. The Nova Scotia council was not

divided until 1838.

[4] Mr. Wilmot's resolution was carried in the assembly without a

division, so that he had the solid support of the popular branch of the

legislature, yet little good was to be expected from such votes in the

House.

[5] The resolution to present this address was strongly opposed by Mr.

Wilmot and his colleague, Mr. Fisher, who both declared the conduct of

Lord Metcalfe to be contrary to the principles of responsible

government. Mr. Wilmot's speech led to a singular result. He was

attacked in the _Loyalist_ newspaper for his opposition to the address,

and this attack having been brought to the notice of the House of

Assembly was voted a breach of privilege. Messrs. Doak and Hill, the

proprietors of the paper, were arrested on the warrant of the speaker

and committed to prison. On the application of their counsel, Mr. D. S.

Kerr, they were released by Mr. Justice Carter on a writ of _habeas

corpus_. Doak and Hill both brought actions against the speaker, Mr.

Weldon, and the result was a decision of the Supreme Court of New

Brunswick that the House of Assembly had not the power to arrest and

imprison the publisher of a libel on a member of the House touching his

conduct and proceedings in the House.

CHAPTER VII

WILMOT'S VIEWS ON EDUCATION

Among the questions in which Wilmot took a deep interest was that of

education. His views on this subject were far in advance of those of

most of his contemporaries. Education was in a very unsatisfactory

condition in the province of New Brunswick when he entered public life,

and it continued in that condition for many years afterward. If we may

judge from the statute-book, the founders of the province had very

little appreciation of the advantages of education, for no law was

passed with a view to the establishment of public schools until the year

1805. In that year "An Act for encouraging and extending literature in

this province" was passed, under the provisions of which a public

grammar school was established in the city of St. John, which received a

grant of one hundred pounds for the purpose of assisting the trustees to

procure a suitable building for school uses, and also an annual grant of

one hundred pounds for the support of the master. The same Act provided

for the establishment of county schools, and the sections relating to

them, being limited in respect to time, were continued by 50th George

III, Chap. 33 to the year 1816, when they expired and were replaced by

"An Act for the establishment of schools in the province." This Act

expired in 1823, and in its place "An Act for the encouragement of

parish schools" was passed the same year. This last Act was repealed by

"An Act in relation to parish schools" passed in 1833, which continued

in force for many years. All these Acts were essentially the same in

principle, as they provided for government aid to teachers who had been

employed to teach schools in the parishes under the authority of the

school trustees. The Act of 1833, which was considered to be a great

improvement on former Acts, provided for the appointment of three school

trustees in each parish by the sessions, and these trustees were charged

with the duty of dividing the parishes into districts and directing the

discipline of the schools. They were required to certify once a year to

the lieutenant-governor as to the number of schools in their parish, the

number of scholars and other particulars, and on their certificate the

teacher drew the government money. This money was granted at the rate of

twenty pounds for a male teacher who had taught school a year, or ten

pounds for six months, and ten pounds for a female teacher who had

taught school a year, or five pounds for six months, provided the

inhabitants of the school district had subscribed an equal amount for

the support of the teacher, or supplied board, washing and lodging to

the teacher in lieu of the money. Thus a male teacher in a district

where a school was always kept, would receive for his year's work his

board, lodging and washing, and twenty pounds in money; and a female

teacher ten pounds. Such a rate of remuneration was not well calculated

to attract competent persons, and the result was very unsatisfactory.

Most of the teachers employed were old men who had a mere smattering of

learning and who were very incompetent instructors. They usually lodged

with the parents of the pupils, living at each house in proportion to

the number of scholars sent. This system, which raised them but one

degree above the condition of paupers, was not conducive to their

comfort or self-respect. As there was no uniformity in the books

prescribed and no sufficient educational test, the results of such

teaching were not likely to be satisfactory. Sometimes the teacher was a

woman who eked out a scanty subsistence by communicating her small

learning to a few scholars whom she gathered in her kitchen. Generally,

however, the school building was a log hut without any of those

appliances which are now regarded as essential to the proper instruction

of youth.

{PROVINCIAL GRAMMAR SCHOOLS}

In 1816 an Act was passed providing for the establishment of grammar

schools in the several counties of the province. At that period St. John

and St. Andrews had already grammar schools which had been established

under separate Acts, and Fredericton had an academy or college, which

was founded by a provincial charter granted by Lieutenant-Governor

Carleton in 1800. The counties of St. John, Charlotte and York were

therefore excepted from the operation of the general Act for the

establishment of grammar schools. This Act, after being amended in 1823,

was finally repealed by the Act of 1829, which endowed King's College at

Fredericton and made new provisions for the establishment and support of

grammar schools throughout the province. King's College at a later

period developed into the University of New Brunswick. It had its

beginning in the original charter of 1800, already referred to, which

established the College of New Brunswick. In the same year the governor

and trustees of the College of New Brunswick received a grant, under the

great seal of the province, of a considerable tract of land in and near

Fredericton for the support of that institution of learning. Until the

year 1829, the New Brunswick College was merely a classical school

receiving from the legislature annually two hundred and fifty pounds,

which was the same amount then allowed to the St. John Grammar School.

{MADRAS SCHOOLS}

At an early period, the attention of the people of that province was

directed to what was called the Madras system of national schools as

conducted by Dr. Bell, the real founder of the system being Joseph

Lancaster. This system depends for its success on the use of monitors,

who are selected from among the senior pupils to instruct the younger

ones. It was supposed at the time to be a notable discovery, but, like

other short cuts to learning, has fallen out of favour. In July, 1818,

the first Madras school was established in St. John by a Mr. West from

Halifax. This was a boys' school; and a school for girls, on the same

system, was opened a year or two later. In 1819, a Madras school charter

was procured under the great seal of the province, and the Madras school

system established on a substantial foundation. The province gave a

grant of two hundred and fifty pounds for the erection of a suitable

building in St. John, and the National Society in England contributed to

its support. This charter was confirmed by an Act passed in 1820. The

St. John school was to be regarded as the central school, but it was the

design of the charter that the benefits of the system should be extended

to other parts of the province, and this was accordingly done. The

Madras schools received liberal appropriations of money, and large

grants of land, and they continued to exist until the introduction of

the free school system in 1872. Two or three of them, indeed, continued

in operation after that time, but they had lost their original character

and had become simply Church of England schools, that denomination

having appropriated the Madras school endowments to the support of

schools in which its principles and creed were taught. In 1900, by Act

of the legislature, the Madras school property was handed over to the

diocesan synod of Fredericton, with the exception of about ten thousand

dollars, which went to the University of New Brunswick.

From the day when Wilmot became a member of the House of Assembly in

1835, he began to press upon the attention of that body the necessity

for an improvement in the schools of the province. But the same spirit

of apathy which prevailed with regard to purely political questions

affected the legislature with respect to education. The people

throughout the province were not prepared to make the sacrifices

necessary to obtain sufficient schools. Their attitude with regard to

education was well described in a speech made by Wilmot in 1846, when

Mr. Brown, of Charlotte, brought in his bill to provide for a normal or

proper training school for the education of those who were to become

teachers. This bill did not become law, in consequence of the opposition

raised against it in the legislature on the ground of expense. It was

estimated that it would cost an additional two thousand pounds to

provide a normal school, and this sum the men who were at the head of

the government were not willing to pay for the purpose of giving the

children of the province properly trained teachers. Wilmot's speech on

that occasion concluded as follows:--

{PARISH SCHOOLS}

"Before I sit down I must again revert to the greatest difficulty which

has to be encountered to render the provisions of that bill effective in

promoting a better system of education in the parish schools. This is a

difficulty which in this country legislation cannot reach--I earnestly

wish it could. I mean the apathy of the parents themselves. The

honourable member now in the chair can bear me witness as to the extent

to which this apathy prevails in this county at this day. That

honourable member, when out of the chair, could tell the committee that

in a certain district of this county where there is no schoolhouse, a

philanthropic individual told the inhabitants that if they would get out

a frame and provide the boards, he would at his own expense provide

nails, glass, locks, and the necessary materials for finishing a

schoolhouse. What was the result? They did get out the frame and raised

it, and when I and the honourable chairman had occasion to visit that

part of the county together, we enquired why they did not go on and

finish it. The worthy individual who had made the proposition, and

bought and had in his house the materials for finishing the building,

told us that the inhabitants of the district would not find the boards,

and, in consequence of that, the erection of the schoolhouse had not

been gone on with. A gentleman now present (I will not mention names, as

the chairman might blush) offered to give them the boards from a

neighbouring mill if they would go and fetch them, but even this they

would not do. Although everything was to be had without money, there was

no one who felt interest enough in the education of their children to

go and bring them to the spot--and to this day the frame stands, as it

then did, a melancholy monument of the dreadful apathy which is

sometimes to be found even in this comparatively intelligent county."

Mr. Wilmot lived long enough to see a free school system in force in his

native province, although he had no share in bringing this result about.

Yet that his views on this subject were sound and far in advance of his

time is shown by a speech which he made at the time of the opening of

the first exhibition in the province in 1852. He said:

"It is unpardonable that any child should grow up in our country without

the benefit of, at least, a common-school education. It is the right of

the child. It is the duty not only of the parent but of the people; the

property of the country should educate the country. All are interested

in the diffusion of that intelligence which conserves the peace and

promotes the well-being of society. The rich man is interested in

proportion to his riches, and should contribute most to the maintenance

of schools. Though God has given me no child of my own to educate, I

feel concerned for the education of the children of those who do possess

them. I feel concerned in what so intimately touches the best interests

of our common country. I want to hear the tax collector for schools

calling at my door. I want the children of the poor in the remote

settlements to receive the advantages now almost confined to their more

fortunate brethren and sisters of the towns. I know full well that God

has practised no partiality in the distribution of the noblest of his

gifts--the intellect; I know that in many a retired hamlet of our

province--amid many a painful scene of poverty and toil--there may be

found young minds ardent and ingenious and as worthy of cultivation as

those of the pampered children of our cities. It is greatly important to

the advancement of the country that these should be instructed."

{MONEY VOTES}

The initiation of money grants by the executive, and the responsibility

of the latter to the people, are the two corner-stones on which

responsible government must rest. From the very first, Wilmot was an

earnest advocate of both these measures; but, owing to the apathy of the

people and the disinclination of the members of the legislature to give

up what they considered their privileges, it was a difficult matter to

accomplish these objects. A reference to the journals of the legislature

will show that on numerous occasions he pressed these subjects on the

attention of the House of Assembly, and he was ably assisted by his

colleague from the county of York, Mr. Charles Fisher, who deserves a

foremost place among the men who should be honoured for their efforts to

bring about responsible government in the colonies of British North

America. It was a peculiar feature in the struggle for responsible

government in New Brunswick that, before it ended, the opposition to it

came not so much from the British government as from the members of the

provincial legislature. It was evident that the system of appropriating

money which existed in the House of Assembly was one which was wrong in

principle and resulted in getting the province into debt, because there

was no guiding hand to control the expenditure. The transfer of the

casual and territorial revenues to the provincial treasury in 1837 had

placed a very large sum, amounting to about L150,000, at the disposal of

the legislature, but this sum was speedily dissipated; and in the year

1842, when Sir William Colebrooke became lieutenant-governor of the

province, its finances were in an embarrassed condition.

Towards the close of 1841, a despatch was received from Lord Stanley,

the colonial secretary, suggesting that it was desirable that a better

system of appropriating the funds of the province should be inaugurated.

This brought up a discussion in the legislature during the session of

1842 in regard to the propriety of adopting the principle of placing the

initiation of money grants in the executive council. Mr. Wilmot moved a

resolution in committee of the whole House "that no appropriation of

public money should be made at any future session in supply, for any

purpose whatever, until there be a particular account of the income and

expenditure of the previous year, together with an estimate of the sums

required to be expended, as well for ordinary as extraordinary services,

respectively, and also a particular estimate of the principal amount of

revenue for the ensuing year." To this an amendment was moved by Mr.

Partelow that "Whereas the present mode of appropriation, tested by an

experience of more than fifty years, has not only given satisfaction to

the people of this province, but repeatedly attracted the deserved

approbation of the colonial ministers as securing its constitutional

position to every branch of the legislature, therefore resolved, as the

opinion of this committee, that it is not expedient to make any

alteration in the same." This amendment was carried by a vote of

eighteen to twelve.

{AN ABUSE UPHELD}

Such an amendment as that passed by the House of Assembly of New

Brunswick in 1842 would now only be an object of ridicule, because, as a

matter of fact, the financial condition of the province showed that the

system of appropriation which prevailed was based on false principles,

while the alleged approval of the colonial ministers of which so much

account was made, had been extended to the most illiberal features of

the constitution. There was, however, some excuse for the reluctance of

the members of the House of Assembly to surrender the initiation of

money votes to the executive, because the executive council of that day

was not a body properly under the control of the legislature, or in

sympathy with the people.

When the House met in 1843, it was seen that the friends of responsible

government were still in the minority. Yet they brought up the subject

of the appropriation of the public moneys by a resolution which sought

to fix the responsibility of the expenditure on the government. This was

met by an amendment moved by Mr. J. W. Weldon, that the House would not

surrender the initiation of the money votes. The amendment was carried

by a vote of twenty-four to seven, which showed that the friends of

Reform had still much leeway to make up before they could hope to

impress their views upon the legislature.

{SPEECH ON APPROPRIATIONS}

As it was hopeless to expect that a House of Assembly thus constituted

would vote in favour of the transfer of the initiation of money grants

to the executive, Wilmot did not bring up the subject again during the

remainder of its term; but by the operation of the Quadrennial Act,

which came into force in 1846, a new House was elected in that year,

which was largely made up of the same members as the previous one, and

at the first session of this House, held early in 1847, Wilmot, during

the discussion of the revenue bill, brought up the question of the

initiation of money grants in a vigorous and characteristic speech. He

said:--

"Can my honourable gentlemen tell me within five thousand pounds of the

money asked for, or required for the present session? No, they cannot,

and here we are going on in the old way, voting money in the dark, with

a thing for our guide called an 'estimate'--a sort of dark lantern with

which we are to grope our way through the mazes of legislation. Where is

the honourable member for Gloucester who talked so much about the good

old rules of our forefathers? I am opposed to the present principle of

voting away money; it is, in fact, but giving to tax and taxing to give,

this way and that way--every stratagem is used which can be invented in

order to carry favourite grants, and thus we proceed from day to day by

this system of combination and unprincipled collusion. [Cries of 'Order,

Order!'] Honourable members may cry order as much as they please, it is

true, and I care not who knows it--let it go forth to the country at

large. This system is what the honourable and learned member for

Gloucester [Mr. End] denominates 'the glorious old principles of our

forefathers,' which should be held as dear as life itself. It is not now

as in times gone by, when the legislative council and executive council

were one, and consequently we cannot now take the initiation of money

grants. This left the whole power in the hands of the assembly; and now,

with the report of the committee of finance before us, His Excellency's

messages, petitions and everything else, there is not one honourable

member around these benches can tell me within five thousand pounds of

the amount to be asked for, much less within ten thousand pounds of the

amount that will be granted during the present session; and yet, here we

are in committee of ways and means for raising a revenue. But it will

never answer to have too much information upon this point--if we knew

exactly how far we could go and no farther--I perhaps would lose my

grant, or another honourable member might lose a grant; this is the

system that is pursued. I have held a seat here for twelve years and

know the 'ropes' pretty well."

In the following year there was another discussion on the initiation of

money grants, arising out of a despatch which had been received from

Earl Grey, then colonial minister, in which he referred to the laxity of

the system by which money was voted in the New Brunswick legislature

without any estimate, and suggested that the initiation of money grants

should be surrendered to the executive. This proposal was fiercely

opposed, and all the forces of ancient Toryism were rallied against it,

one member from Queens County, Mr. Thomas Gilbert, going so far as to

apply to the advocacy of the old rotten system the soul-stirring words

contained in Nelson's last signal at Trafalgar, "England expects that

every man this day will do his duty."

{END'S RESOLUTION}

In 1850, the last year that Mr. Wilmot sat in the House of Assembly, the

matter came up again on a resolution moved by a private member. This

was met by an amendment moved by Mr. End, of Gloucester, in the

following words:--

"WHEREAS, the right of originating money grants is inherent in the

representatives of the people who are constitutionally responsible to

their constituents for the due and faithful user of that right;

therefore,

"_Resolved_, As the opinion of this House, that the surrender of such

right would amount to a dereliction of public duty and ought not to be

entertained by the House of Assembly."

This was carried by a vote of sixteen to eleven. The three members of

the government who sat in the House, one of whom was Mr. Wilmot, who had

joined it in May 1848, voted with the minority. It was not until the

year 1856 that a resolution was passed by the House of Assembly

conceding to the executive the right of initiating money grants, and

this was carried by a majority of only two in a full House. The first

estimate of income and expenditure framed by a New Brunswick government

was not laid before the House of Assembly until the session of 1857.

CHAPTER VIII

THE DEMAND FOR RESPONSIBLE GOVERNMENT

When Mr. Wilmot first entered the House of Assembly, many of the members

were office-holders and therefore depended on the goodwill of the

governor for their positions. At the session of 1842, a bill was

introduced for the purpose of putting an end to this evil, in which it

was declared that any member of the House of Assembly who should accept

the office of executive councillor or any office of profit or emolument

under the Crown should be incapable of taking or holding his seat in the

General Assembly while in such office, unless reelected after acceptance

thereof. An amendment was moved to exempt executive councillors who did

not hold any office of emolument from the provisions of this section,

but it was lost by a close vote. Mr. Wilmot voted for the amendment on

the ground that a man who was merely an executive councillor without

office, and who received no emolument as such, should not be required to

go back to the people for reelection. The bill, nevertheless, was passed

by a full House, but it was disallowed by the home authorities on the

ground that it was not in accordance with British precedents. The

colonial secretary said, "This Act as actually drawn would therefore

seem to establish a principle of great importance as well as

novelty--the principle, namely, that the Crown may not select its own

confidential advisers from amongst representatives of the people unless

the person so chosen should be willing to hazard a new election. How far

it is wise to erect such a barrier between the executive government and

the popular branch of the legislature would seem to be a matter well

meriting serious consideration." In the same despatch, the propriety of

seats in the assembly being vacated for the same reasons which would

vacate seats in the House of Commons was fully conceded. The stand taken

by Wilmot in regard to this subject was therefore the one which was

approved by the home government and was further endorsed by subsequent

legislation. Yet it was not until 1849 that the Act was passed which

finally settled the question, and required members of the legislature

accepting office to vacate their seats in the House of Assembly and go

back to their constituents for reelection.

{THE GOVERNOR CENSURED}

Sir William Colebrooke had not been a popular governor since the

appointment of his son-in-law to the office of provincial secretary. The

House of Assembly, therefore, was disposed to watch his conduct very

closely and to criticize actions which perhaps would not have attracted

so much attention under other conditions. During the session of 1846, it

was shown that he had appropriated a portion of the surplus civil list

fund, amounting to about three thousand pounds, for the purpose of

defraying the expenses of surveying Crown lands in Madawaska.[6] This

money was taken by the order of the colonial secretary, Lord Stanley.

Thus it appeared that, although the province was supposed to have the

control of the territorial revenue, the British government assumed the

right to dispose of a portion of this revenue without the consent or

authority of the House of Assembly. The conduct of the governor in

connection with this matter was censured in a strongly worded resolution

which was passed by the House of Assembly almost unanimously.[7] The

time had gone by when the representative of the Crown could do as he

liked with the public funds of the province, as had been the case in

former years.

The legislature was dissolved in 1846 under the provisions of the Act

which limited its term to four years. On the last day of the session

Wilmot bade farewell to the members of the House, and stated that he did

not intend to offer himself again for reelection. No doubt he was quite

sincere in making this statement at the time, but he soon had reason to

change his mind. The people of the county of York were unwilling to lose

the services of the champion of their rights in the House of Assembly,

so that he found it necessary to consent to be again nominated. He was

returned at the head of the poll, and with him Mr. Charles Fisher, who

had been his colleague in two previous legislatures.

The general election of 1846 brought a considerable number of new men

into the House, and in point of liberality the new assembly was a slight

improvement on its predecessor. The legislature met near the end of

January in the following year. The government at that time consisted of

only five persons, of whom two were members of the House of Assembly and

three of the legislative council. It appeared that negotiations had been

going on with some of the members of the Opposition for the purpose of

filling up the vacancies in the executive council. Wilmot had been

offered a seat in that body, but made it a condition of his acceptance

that he should go in with two of his friends, provided the council was

filled up to the number of seven, or three, if filled up to the number

of nine. This was not agreed to, so he remained outside the government.

During the first week of the session three new members were added to the

government, one of them being the surveyor-general, Mr. Baillie, who had

been elected a member of the House of Assembly for the county of York.

The arrangements made were not satisfactory to Wilmot and his friends,

and the government had to face what was practically a want of confidence

resolution. It was moved by Mr. Fisher and was as follows:--

"_Resolved_, As the opinion of this House, that while it fully

recognizes the accountability of the executive council to the assembly,

it will expect that henceforth the provincial administration will, from

time to time, prepare and bring before the legislature such measures as

may be required for the development of the provincial resources and the

general advancement of the public interests."

{ASSAILS THE GOVERNMENT}

In the course of the debate Wilmot spoke with great power and effect.

The following report of his speech on that occasion may serve to convey

to the reader some idea of his manner and method as a public speaker:--

{SPEECH ON REFORM}

"The honourable gentleman might have spared himself the trouble of

making the defence he did. I have heard that he was to be presented with

a gold medal for his admirable defence of that nearly extinct race--the

old Family Compact. I see that I shall have to cross a lance with my

honourable and learned friend [Mr. Hazen] politically. Yet I hope the

same good feeling which has characterized the debate thus far will be

continued. A great deal has been said about politics and political

principles, but my political principles are not of yesterday--I have

gleaned them from the history of my country, a country which we are all

proud to own. Will any honourable member dare to tell me that because we

are three thousand miles from the heart of the British empire the blood

of freemen shall not flow through the veins of the sons of New

Brunswick? If so, I have yet to learn the reason. Before I sit down I

will endeavour to show my honourable friends what the distinction is

between Liberals and Conservatives--what the Liberals have done, and

what the Conservatives have not done. Now to the resolution. My

honourable friend said yesterday that the resolution meant initiation of

money grants. When this announcement was made I heard a shout from the

direction of my honourable friend, Mr. Partelow, in a tenor voice, and

an honourable member in the rear [Mr. Barberie] joining in a sort of

falsetto accompaniment. I think my honourable friend [Mr. Hazen] is much

to blame for having accused his honourable colleague [Mr. Woodward] with

writing an article in a city paper. What, suppose he did write it, do

not some of the first noblemen and statesmen in England write for the

papers? I will not deny that I have written for the papers myself some

little squibs. But it is wrong to place an honourable member in the

position where he will have to affirm or deny it. A great cry has been

raised of a contemplated attack on the government, and, after all, it

has turned out that their fears have been excited by a newspaper

paragraph. The government has fortified all their outposts, and His

Excellency and two aides have been on the lookout for the coming attack.

At length my honourable colleague [Mr. Fisher] brought forth his

resolutions when they said to each other, 'Why, this doesn't mean

anything; there is no attack.' But they slept over it one night, cracked

some wine upon it, and while sitting under the mahogany they

said--'Hazen, there is something in these resolutions of Fisher's,

depend upon it--some hidden meaning--what shall we say it is? what will

we call it? we must give them some ugly name, or they will pass.' 'Oh,'

said Hazen, 'I have it--initiation of money grants--that'll do; I'll

just go down to the House and cry out "mad dog," "initiation of money

grants"; members will become alarmed, and we'll succeed in defeating

them.' But the honourable member from St. John [Mr. Jordan] has made the

most wonderful discoveries; he has taken a peep from the lookout station

at the enemy; he has looked through a political microscope, and has

discovered more than the commander-in-chief himself. 'Why,' says he,

'there's everything there--I see "free trade" and "protection" both, and

let me see--I--there's the "Board of Works," too; and round on the other

side I see "Municipal Corporations."' I will endeavour before I sit down

to prove that the arguments of my honourable friend Mr. Hazen are

fallacious. He has been developing at a great rate yesterday; he was not

asked to develop the money, but to bring down such measures as would

develop the provincial resources; this is the meaning of the resolution,

and, had not my honourable friend become alarmed for the safety of the

government, there is no man into whose hands I would sooner place the

resolution. But he has chosen to put the construction upon the

resolution which he has done, and other honourable members said, 'Oh, he

knows what it means better than I do; he has cried "mad dog" and we'll

follow him.' The government is not asked to bring in the revenue bill,

or any other bill which involves the principle of money grants. All the

resolution requires is, that they shall be prepared, at the opening of

the session, with such measures as may be considered for the general

welfare of the country, and not keep the assembly waiting two or three

weeks for the motion of the government, as has been the case this

session. Honourable members will recollect that there is a constituency

behind them to whom they are accountable; but they may resolve and

re-resolve as they please. There is a spirit of inquiry abroad among the

people, a political intelligence, which was not to be found a few years

since when my honourable friend denounced responsible government as all

nonsense! What was the case when responsible government was first talked

of in this province? Who descended from their lofty eminence to warn the

people to beware of these new doctrines? The old official Family Compact

party--they who entrenched themselves behind the prerogative of the

Crown in 1836, came down to the people and said, 'We who have done so

much for you--we who have watched over and guarded you, beware of that

dreadful monster, responsible government.' These are the people who call

themselves Conservatives. What, I would ask, did they conserve?

Everything but the good of the country; and, had the Conservatism of

1836 been carried out, an insulted people would ere this have risen in

their majesty and would have shaken off the yoke of bondage under which

they had been labouring.

{RESPONSIBLE GOVERNMENT}

{THE PEOPLE SUPREME}

"It has been said by honourable members of the government that there is

no distinction between Liberals and Conservatives. If this is the case,

why did they object to have me and two others take seats in the council

because we were Liberals? Here is a question which I would like my

honourable friends to answer. The Conservatives do not wish to see any

power in the hands of the people. [Interjection from Mr. End--'Not too

much.'] The honourable member from Gloucester, Mr. End, has receded from

his principles wonderfully; his speech yesterday was certainly a most

extraordinary one. He said to the government in a most supplicating tone

of voice, 'Give me fair play--give me the appointment of all the

bye-road commissioners, magistrates, sheriffs, and so on, in Gloucester,

and I will support you; that is all I want.' I will take care not to be

misunderstood in these matters, I will not allow any man to be the

exponent of my political principles. I believe departmental government

to be inseparable from our institutions, but will oppose the immediate

introduction of the whole system; I will bring it in step by step as the

country is prepared for it. Some extraordinary notions are entertained

as to the source from whence the power of the government is derived; the

freedom of government does not come down from the Crown, it goes up from

the people; and if the people are fit for these institutions they are

fit for self-government. I have frequently said that they who get the

people's money shall do the people's work. [From Mr. Partelow--'Yes,

that's right.'] I will now come down a step further--what was the case

in 1837? I am not going to disclose any secrets this time--but will

speak low. I wish to ask my honourable friend [Mr. Hazen] if, after the

administration changed in 1837, the government had the cordial

cooperation of the heads of departments? No! There has been a

counter-working going on--a constant endeavour to lead the government

astray and place them in a wrong position, and my generous-hearted

friend [Mr. Hazen] has to come down to this House and defend them. It is

a political fact, that previous to 1841 the heads of departments in this

province were in open hostility to the government. [From Mr. End--'They

could do no harm.'] If the departmental system were in operation, and

their tenure of office depended upon their ability so to conduct the

government as to merit the confidence of the assembly and the people,

there would be none of this stabbing in the dark, and running off the

track. It is, in my opinion, the only constitutional remedy for the good

working of the government. These five gentlemen who have lately formed

the mixed government, asked for departmental government when they signed

the address to the queen; yet now they refuse to adopt it. I should like

to know when they intend to graduate--does it depend upon the age of the

country or the state of the atmosphere? The fact is, whenever the people

of this country, through their representatives, choose to ask for it

they must get it. In 1844 they ran to the rescue of the prerogative in

Canada; but the very next year the same case came down to their own

doors! The tune was changed then, and an address was prepared to the

queen signed by the whole assembly except five. Why is this brought

about--why is the tune changed so suddenly? They at first said

responsible government is not fit for a colony--the next cry was, it is

not fit for New Brunswick, and finally they said, when they addressed

the queen--we must have it. Mr. Roebuck called upon Lord John Russell to

explain what responsible government was, which he has done [reads the

speech as delivered in the British parliament], and, when they had first

asked for it here, it was in full operation in Canada. My honourable

friend [Mr. Hazen] has accused me of having receded; but I will now ask

him to point out how I have done so? He has also said that I was brought

forward at the last election by the Conservatives. True, but I was

backed by all my old friends, and I told them if they took me, they must

do so with all my former opinions--opinions which I never will give up.

When they talk about there being no difference in political

names,--there is a difference; those who have contended for Liberal

principles have their names covered with obloquy. We ask for a

constitution that, while it protects the queen upon the throne, throws,

at the same time, its paternal arms around the helpless infant. This we

ask for, this we want--the pure, the free, the glorious constitution of

England; for this we have contended, for this the Liberals of New

Brunswick have fought, and let them call us rebels who have nothing else

to write about, I care not; we ask for a system that will give fair play

to all--that will upset all Family Compacts, and give to the sons of

New Brunswick their birthright, the benefit of free institutions and

self-government. This is what we want, and I will not submit tamely to

be called a rebel; I defy any honourable member to look at my political

life and say where I have overstepped the bounds of the constitution? If

I do live three thousand miles from the great body of the empire, still

that empire sends its blood through the veins of every British subject.

A son of New Brunswick has the same right to the benefit of her

institutions as has a resident of London, and I will not submit to be

cut off by any political man[oe]uvring."

{REFORM DEFEATED}

After a long debate, Mr. Fisher's resolution was defeated by a vote of

twenty-three to twelve, which showed that the friends of Reform had

still much work to do.

FOOTNOTES:

[6] This occurred during the time of the "rump" government composed of

Messrs. Simonds, Allen and McLeod, the members of the executive who

refused to resign at the time of the Reade appointment.

[7] The following resolutions which were moved by Mr. Partelow were

carried in the House of Assembly by a vote of twenty to two:

"1st. _Resolved_, That this committee deeply regret that His Excellency

the lieutenant-governor in council should not have felt himself

authorized to communicate to the House the despatch of the Right

Honourable the Secretary of State for the Colonies, of January 5th,

1845, relative to the appropriation of the surplus civil list, in answer

to the address of the House of Assembly of March 14th, 1845, whereby the

House was prevented from representing, by an humble and dutiful address

to Her Majesty, that such appropriation was not in accordance with the

despatch of the Right Honourable the Secretary of State for the Colonies

of August 31st, 1836.

"2d. _Resolved_, As the opinion of this committee, that any funds

necessary to carry out the fourth article of the Treaty of Washington,

being a national treaty with a foreign power, ought not to be chargeable

upon the funds of this province; and that the House should, by an humble

and dutiful address to Her Majesty, pray that any appropriation made for

that purpose from the surplus civil list fund may be refunded to the

same."

CHAPTER IX

THE VICTORY IS WON

The session of 1848 was destined to be a memorable one in the history of

responsible government in New Brunswick. It was evident that with the

House as then constituted no progress could be made unless a change were

brought about in the views of some of its members by outside pressure.

In this instance the pressure came from the imperial government, which

desired to bring the political condition of New Brunswick into line with

that of Canada and Nova Scotia. In March, 1847, Earl Grey, the colonial

secretary, addressed a despatch to Sir John Harvey, the governor of Nova

Scotia, in which he laid down the principles which he thought should

control colonial administration. The most important feature of this

despatch was its declaration with reference to the composition of the

executive council. With regard to office-holders in general, Earl Grey

thought that they ought not to be disturbed in consequence of any change

of government, but he was of opinion that a different rule should apply

to such officials as were members of the executive council. On this

point he adopted the language of Mr. Poulett Thomson (Lord Sydenham),

who, in a despatch to Lord John Russell, written at Halifax, in the

year 1840, said:--

"The functions of the executive council, on the other hand, are, it is

perfectly clear, of a totally different character; they are a body upon

whom the governor must be able to call at any or at all times for

advice, with whom he can consult upon the measures to be submitted to

the legislature, and in whom he may find instruments within its walls to

introduce such amendments in the laws as he may think necessary, or to

defend his acts and his policy. It is obvious, therefore, that those who

compose this body must be persons whose constant attendance on the

governor can be secured; principally, therefore, officers of the

government, but, when it may be expedient to introduce others, men

holding seats in one or other House, taking a leading part in political

life, and above all, exercising influence over the assembly.

"The last, and in my opinion by far the most serious, defect in the

government is the utter absence of power in the executive, and its total

want of energy to attempt to occupy the attention of the country upon

real improvements, or to lead the legislature in the preparation and

adoption of measures for the benefit of the colony. It does not appear

to have occurred to any one that it is one of the first duties of the

government to suggest improvements where they are wanted; that, the

constitution having placed the power of legislation in the hands of an

assembly and a council, it is only by acting through these bodies that

the duty can be performed; and that, if these proper and legitimate

functions of government are neglected, the necessary result must be not

only that the improvements which the people have a right to expect will

be neglected, and the prosperity of the country checked, but that each

branch of legislature will misuse its power, and the popular mind be

easily led into excitement upon mere abstract theories of government to

which their attention is directed as the remedy for the uneasiness they

feel."

He concluded by expressing the opinion that the peculiar circumstances

of Nova Scotia presented no insuperable obstacle to the immediate

adoption of that system of parliamentary government which had long

prevailed in the mother country.

{A MEMORABLE DESPATCH}

A copy of this despatch was sent to the lieutenant-governor of New

Brunswick and it was laid before the House in pursuance of an address

which had been passed a few days before. It was understood that the

principles laid down in this despatch would be equally applicable to the

province of New Brunswick, and Mr. Fisher moved that the House should

approve of them and of their application to New Brunswick. This

resolution was carried by a vote of twenty-four to eleven, which was a

complete reversal of the vote of the previous session. Among those who

voted for the resolution were the three members of the government who

had seats in the House of Assembly and who had been previously opposed

to any such change in the political system of the country. Thus the

victory for responsible government was practically won, and it only

remained to perfect the details.

Immediately after the prorogation of the legislature, a reorganization

of the government took place, Messrs. Baillie, Shore and Johnston

retired and their places were taken by Messrs. Wilmot, Partelow, Fisher

and Kinnear. Mr. Wilmot became attorney-general in the place of Mr.

Peters, recently deceased, who had filled that office for twenty years.

Mr. Partelow became provincial secretary in place of John Simcoe

Saunders. Mr. Kinnear, who had been made solicitor-general in 1846, now

became a member of the government under the new system, while Mr. Fisher

took his seat as a member of the government without office. Thus were

the principles of responsible government vindicated and established in

New Brunswick. The provincial secretary, the attorney-general and the

solicitor-general became political officers subject to change with every

change of government. The surveyor-general, Mr. Baillie, by resigning

from the government escaped this condition for the time being, but it

was not long before that office also became political, Mr. Baillie

himself retiring with a pension in 1851.

{INFLUENCE OF COLONIAL OFFICE}

Messrs. Wilmot and Fisher were much censured by their friends for

becoming members of a government that was essentially Conservative and

in which they were in a minority. But as the principles for which they

had contended had been admitted and were now in a measure established,

there seemed to be no reason why they should not assist in working them

out. Wilmot as attorney-general certainly had greater opportunities of

advancing the cause of Reform than as a private member, and he and

Fisher working together were able to exercise a strong influence on the

administration. In the following year, as has already been seen, a

measure was carried voiding the seats of members of the assembly who

became heads of departments in the government, or enjoyed any office of

profit or emolument under the Crown, and this was all that was necessary

to establish responsible government on a firm basis. There was indeed

one other difficulty, the interference of the colonial office and the

influence of the governor, who had been accustomed to govern the

province largely by means of despatches. This influence was one which

could only be got rid of by degrees, for the wise men of Downing Street

always thought they knew much better what colonists required than did

the colonists themselves. The colonial secretary undertook to dictate to

the province as to the kind of tariff it should pass, and to refuse

assent to the passage of bills by the legislature giving a preference

to any particular county or granting bounties to fishermen or others

engaged in any special calling. It was felt to be a hardship that the

province was not permitted to give encouragement to any industry which

it desired to assist, and so strong was this feeling that at the session

of 1850, immediately after the receipt of a despatch from Earl Grey

disallowing the bill of the previous session granting bounties for the

cultivation of hemp, a bill was introduced and carried by an

overwhelming majority in the assembly appropriating three thousand

pounds for bounties to fishermen. This bill was rejected by the council,

so that the colonial secretary was spared the difficulty which would

have been involved in being defied by the New Brunswick legislature. It

was also felt to be a great hardship that, at a time when the colonies

were being deprived of the preferential tariff they had so long enjoyed

in the English markets, they should be debarred from entering into

commercial arrangements with foreign nations. A series of strongly

worded resolutions on this subject was moved by Mr. David Wark, and was

well supported, although not carried. The language used by many of the

speakers during the debate showed that the loyal feelings which had

always distinguished the people of the province were being subjected to

a severe strain by the policy of the British government. These

interferences with provincial rights continued for many years after

Wilmot had retired from public life, and therefore it is unnecessary to

refer to them further.

{THE PORTLAND CONVENTION}

Wilmot had but few opportunities during his active career as a public

man of displaying his abilities outside of his native province. His fame

as an orator was therefore mainly a local one, and the Portland Railway

Convention of 1850 was the first occasion on which he was recognized as

one of the best speakers on the continent. That great gathering of the

railway and business men of the United States and Canada was assembled

for the purpose of taking measures to secure a shorter ocean route to

Europe than was afforded by steamships sailing from New York. It was

thought that a better plan would be to run steamships from some port on

the west coast of Ireland to a port on the east coast of Nova Scotia, a

distance of about two thousand miles, and to connect the latter with New

York by a line of railway. No one doubted at that time that this was a

plan that was likely to succeed, and probably it would have done so if

there had been no improvement in the construction of steamships. No one

dreamed in those days that boats with a speed of twenty-five knots an

hour and of twenty thousand tons displacement would be running to New

York before the century was ended, and that the voyage to Liverpool

would be reduced to less than six days.

The Portland Convention included many eminent men from the United States

and Canada and not a few that could justly be described as orators, but

it was universally admitted that in eloquence Attorney-General Wilmot,

of New Brunswick, exceeded them all. The reporter of the proceedings of

the convention stated, in the pamphlet afterwards published, that it was

due to the speaker and to himself to say that "he had been entirely

unable to give anything like a report of the remarks of Mr. Wilmot." The

reporter also quotes the statement of another that "Mr. Wilmot delivered

one of the most spicy, eloquent and enlivening speeches which he ever

heard, which, while it kept the audience in the best spirits, was

replete with noble sentiments commending themselves to the hearts of all

present. His remarks were generally upon the moral, social and

intellectual influences which would result from the contemplated work.

No sketch would do justice to its power and beauty, its flashes of wit

and humour."

{WILMOT'S GREAT SPEECH}

The following report of Wilmot's great convention speech, although

admittedly very imperfect, is given as almost the only example that

survives of his eloquence:--

"I find myself in a new position in addressing a convention in a city,

in a state, and under a government that is foreign to me, as far as

citizenship is concerned. But I feel myself at home, for I am among

those who derive their inheritance from the same common ancestry. I am,

Mr. President, not a son of New England, but a grandson, and I can find

the old gravestone which indicates the graves of my ancestors, in a

pleasant village of Connecticut [cheers].

"We in the provinces came to this convention at your call. We have

responded to your invitation and you have given us a brother's welcome.

Physiologists affirm that the exercise of the muscles tends to their

enlargement and fuller development; and phrenologists affirm that the

exercise of the different faculties develops in a corresponding degree

the bumps upon the cranium. I would beg to add something to this

category,--the exercise of benevolence and kindness enlarges the heart,

and since I have been among you I have felt my heart growing big within

me [cheers].

"I am delighted to see this day, and could I give expression to the

emotions which swell up within me I would do so, but my power fails in

the attempt, and I cannot presume to make a speech. We do not, however,

meet to consult about California, where one hundred and twelve hour

speeches are necessary, or about the admission of New Mexico into the

Union. Our object is to effect an admission into the great railroad

union, and on this question we admit of no 'compromises.' We go straight

ahead in our purpose and the union will be effected [cheers].

"I know, Mr. President, it is a great work in which we are engaged. I

know that it looks vast, if not impossible of achievement to those who

have not studied its relations and its details, but those who look at it

through the enlarged medium which its contemplation presents will find

that difficulties diminish as its importance grows upon their vision.

"Look at the progress of similar enterprises among yourselves in the

state of Maine, and other parts of New England, and then say whether

anything is required of us but union of effort and faith in the result

of our exertions. In prosecuting our work in this matter, we must have

faith; but as faith without works is dead, let us put forth our

exertions and go steadily forward to a speedy and glorious completion of

our great enterprise [cheers].

"If the timid falter and the doubting hold back, there are others who

will take their places and keep our ranks full. We have only to hold our

position, and drive back the army of doubters, or opposers, who may

resist our march. We must give them the same reception that General

Taylor gave to the army of Santa Anna at Buena Vista. If opposed by

superior numbers, or if on any part of the field there are those who

hesitate, or hold back when a stronghold of the enemy is to be carried,

I would repeat the order of General Taylor: 'A little more grape,

Captain Poor'[8] [tremendous cheers].

"It is written in the decrees of eternal Providence, Mr. President,

that we shall learn war no more; we may then go on side by side with

glorious emulation for the cause of virtue and philanthropy throughout

the world, striving who shall out-vie the other. How changed in every

respect, now, is the condition of our race! How glorious the sight of

two great peoples uniting as one, 'to draw more closely the bands of

brotherhood, that yet shall make of all mankind but one great

brotherhood of nations.' The sentiment of that resolution which embodies

this idea is worthy of its author and of the American character; but it

is also a sentiment to which the people of the British empire will

respond [cheers].

"Sir, I found in the circular which invited us here this sentiment

expressed, in terms which aroused to the fullest enthusiasm the mind of

every man in the British provinces: 'The spirit of peace has at last

prevailed--national animosities, sectional and political hostility have

disappeared between the English races since the establishment of the

boundaries of Maine and Oregon, and the contests of war have been

succeeded by a noble and generous rivalry for the promotion of the arts

of peace. The introduction of the steamship and the railway has made

former enemies friends. National hostility has given way to commercial

and social intercourse, and under whatever form of government they may

hereafter exist, they can never again become hostile or unfriendly'

[cheers].

"To this sentiment I respond with all my heart. It is this sentiment

that has brought us together. I know not who was the author of this

circular, but whoever he may be, in the name of every Englishman--in the

name of every American, sir, in the name of humanity, I tender him

thanks [cheers].

"An enterprise aiming to accomplish such results, and which is in and of

itself calculated to produce such results, cannot fail of success. The

whole civilized world is interested in its accomplishment. There are

some good old-fashioned people who think we are going too fast and too

far in our railroad enterprises. We have, they say, lived and got along

well enough without railroads, and now you seem to think that your

temporal salvation depends upon it! Blot out your telegraphs, lay up

your steamboats,--what darkness would come upon the world! We must form

ourselves into a council of war for the purpose of combating these old

prejudices, and, instead of being turned away from our objects, we will

take stronger grounds than ever occupied before.

"Mr. President, we of the provinces have made up our minds no longer to

remain quiet in our present condition. With all the fine natural

advantages our country possesses, we make comparatively slow progress,

and our province itself is scarcely known to the world. I shall be

pardoned here for relating an anecdote to illustrate the truth of this

remark.

"In a recent visit to Washington upon official business, I had occasion

to tarry a few days in the city of New York, and among the places that I

visited with a friend was one of the colleges in the city. My friend

introduced me to a learned professor as his friend, the

'Attorney-general of New Brunswick.' We entered into conversation on a

variety of subjects, and he inquired when I came over to the city, and

as to various matters going on in the neighbouring state. Seeing the

mistake of the learned professor, I thought it hardly kind to mortify

him by correcting it, and I answered in the best way I could, and took

my leave; and to this hour, I suppose, the learned professor thinks he

was talking with the attorney-general of the fine old state of New

Jersey [tremendous cheers].

"Seeing that my own country itself was hardly known beyond its bounds, I

felt a little concern that she should not always remain in this

condition. I felt, as many of my friends and neighbours have long felt,

that we must look at home for the means of making our province honoured

and respected abroad. And we intend to open this line of railway

entirely across the breadth of our province and bring ourselves into

connection with the world [cheers].

"Mr. President, I cannot omit, in this connection, the expression of my

profound regard for the American Union. It is the union of these states

that has given you greatness and strength at home and the respect and

admiration of the civilized world [long-continued cheers].

"The great interests of Christianity, of philanthropy and of liberty,

throughout the world, depend upon the union of these states. We of New

Brunswick, of Nova Scotia, and of Canada are deeply interested in its

existence. If there is any question of the day that interests us more

than all others, it is this very question of the perpetuity of the

union. For myself, I think there should be passed a law providing that

the man who would even conceive the idea of a dissolution of the union

should be guilty of treason. In the sincerity of my heart, I say, perish

the man who should dare to think of it [tremendous cheers]!"

With respect to railway legislation Wilmot was not in advance of many

others in the province whose general political views were less liberal

than his own. There was always a good deal of local feeling injected

into the discussion of railway matters and Wilmot, who was a resident of

Fredericton, incurred a good deal of censure for the ridicule which he

threw on the proposal to build a railway from St. John to Shediac, which

is now a part of the Intercolonial. As this railway brought the counties

bordering on the Straits of Northumberland and the Gulf of St. Lawrence

into easy communication with St. John, nothing is more clear than that

of all the railways then projected in the province it was the one most

likely to be useful and profitable, but Wilmot apparently could not

forget the fact that it did not touch his own county. His speech on this

subject was made in the legislature before the meeting of the Portland

Convention, and it is worthy of note that five-sixths of the Shediac

Railway was to be used as part of the magnificent European and North

American Railway scheme which was so much lauded by him in his Portland

speech.

{HIS WORK IN LEGISLATION}

There is not much to be said in regard to the political life of Wilmot

after he became attorney-general. His principal legislative achievement

while he filled that office was an Act for the consolidation of the

criminal law with regard to the definition of certain indictable

offences and the punishment thereof. This was a useful but not a

brilliant work, which many another man might have performed equally

well. In the session of 1850, Wilmot carried a bill through the House of

Assembly for the reduction of the salaries of the judges of the supreme

court and some other officials, but this measure did not pass the

legislative council. He had always been in favour of a low scale of

salaries as best suited to the conditions which prevailed in the

province. The scale had been fixed in 1836, when the casual and

territorial revenues were placed under the control of the province, but

an agitation soon afterwards commenced for further reductions. The

imperial government would not consent to the reduction of any salary

while the holder of the office lived, except in the case of the

surveyor-general, whose duties had been decreased, but it agreed to a

lower scale for future occupants of the offices. In this way the salary

of the provincial secretary had been reduced from L1,599 11s. to L600;

that of the surveyor-general from L2,019 4s. 4d. to L1,209 12s. 4d., and

that of the auditor-general from L500 to L346 3s. The salaries of the

judges, however, remained the same in 1850 as they had been in 1836,

viz., L1,096 3s. for the chief-justice and L750 for each of the puisne

judges. Wilmot's bill reduced these salaries to L700 for the

chief-justice and L600 to each of the other judges. He also voted for a

resolution in favour of making the legislative council elective, and

that an address should be presented to Her Majesty asking her to consent

to the passage of such a bill. A favourable answer was received from Her

Majesty, but the scheme to make the legislative council elective was

never carried into effect, in consequence of the opposition which it

encountered in that body.

There is no doubt that the popularity of Wilmot seriously declined after

he entered the government. This was very plainly seen at the general

election which took place in June, 1850, when he narrowly escaped

defeat, being the lowest on the poll of the members elected, while his

colleague in the government, Mr. Fisher, was defeated, polling less than

one-half the number of votes given to the candidate who was highest on

the poll. But, on the whole, the result throughout the province was

favourable to the cause of Reform, and among those elected in York who

stood higher on the poll than Wilmot were two new members who held

advanced views with respect to the amendment of the constitution.

{THE GOVERNOR AND THE JUDGES}

Although responsible government had been conceded to New Brunswick, and

it was admitted that public offices should be bestowed in accordance

with the wishes of the people, the close of Wilmot's legislative career

was marked by an event which showed that the old order of things had not

entirely passed away. Chief-Justice Chipman, owing to failing health,

resigned his seat on the bench in the autumn of 1850, and it became

necessary to provide for a successor. A meeting of the executive council

was called for the purpose of filling the vacancy, and six members of

the council out of the eight who were present signed a memorandum to the

effect that it was not advisable to appoint any person to the vacant

office, but that such a division of the work of the judiciary should be

made by the legislature as would secure the efficient discharge of the

judicial duties by three judges, together with the Master of the Rolls.

Wilmot was one of the persons who signed this memorandum, but on the

following day he called on the governor and asked that his name might be

withdrawn from it, he having in the meantime apparently changed his

mind. The governor, Sir Edmund Head, asked the judges whether, in their

opinion, three of them would be able to do all the judicial business of

the country, and received from them a strongly worded protest against

any such alteration in the number of judges. Mr. Fisher, who was one of

the members of the executive present at the meeting, submitted to the

governor a paper in which he took strong grounds against the proposal to

reduce the number of judges. Sir Edmund Head referred the matter to the

home authorities, and they decided that the proposed change in the

number of judges was not advisable. Moreover, they decided as to who

should fill the vacant offices, and asked the governor to appoint Mr.

Justice Carter to the position of chief-justice and to offer a puisne

judgeship to the attorney-general, Mr. Wilmot, and if he refused it to

the solicitor-general, Mr. Kinnear. Mr. Wilmot accepted, and thus

brought his political career to an end.

FOOTNOTES:

[8] This is an adaptation of General Taylor's words. John A. Poor was

the chief promoter of the European and North American Railway and the

chairman of the committee of arrangements of the Portland Convention.

CHAPTER X

JUDGE AND GOVERNOR

The opinion that was entertained of Mr. Wilmot by those who were closely

associated with him in the work of Reform was well expressed by the late

Mr. George E. Fenety, in his _Political Notes_.

"A great luminary," says Mr. Fenety, "set in semi-darkness on the day

that Mr. Wilmot left the forum for the bench. He was the light of the

House for sixteen years, the centre from whence radiated most of the

sparkling gems in the political firmament. It was at a time of life

(comparatively a young man) and a period when talents such as his were

most wanted by his party and his country. Notwithstanding his supposed

mistake in having joined a Conservative government, the Liberals were

always willing to receive their old leader back with outstretched

arms--ready to forgive and go along again with him over the old road,

and, to a man, would have held to him had he made a stand against Sir

Edmund Head, and told him--'thus far and no farther shalt thou go'."

Many of Wilmot's friends regretted that he should have accepted the

office of judge on the conditions under which it was offered. They

thought that as attorney-general he was entitled to the position of

chief-justice, and that in consenting to take the puisne judgeship he

had lowered himself. It is hardly necessary to discuss a question of

this kind at the present day. No doubt he had reasons of his own for

retiring from the arena of politics. The work he had been doing for the

public had placed a great strain upon him and interfered with his legal

business to a very serious extent. He was never a wealthy man, and had

therefore to consider his own future, while a position on the bench was

one of honour and dignity which was regarded as worthy of acceptance by

any member of the legal profession.

There was nothing worthy of note in the career of Mr. Wilmot as a judge.

He was never considered to be a deeply read lawyer, but he filled the

office of judge with dignity and general acceptance. His duties were not

sufficiently arduous to prevent him from having leisure to engage in

other lines of inquiry, for his mind was much interested in questions

connected with science. He frequently appeared on the lecture platform

and always with success.

When confederation was accomplished, it was felt that of all the natives

of New Brunswick he was the most worthy to be appointed its first

lieutenant-governor under the new regime. Judge Wilmot himself was

willing to accept the office as a fitting close to his long and active

career as a public man; but for some reason, which it is now impossible

to ascertain, the appointment was not made until about a year after

confederation. Judge Wilmot became lieutenant-governor on July 23rd,

1868, and continued to hold that honourable and important office until

November 14th, 1873, when he was succeeded by the Hon. S. L. Tilley.

{OTHER ACTIVITIES}

So far, we have been considering Wilmot as a politician and member of

the legislature, but a very imperfect idea of his character would be

gathered from regarding him merely in these capacities. He was a

many-sided man, and had other interests which occupied his attention as

much as, or more than, those public questions to which he devoted so

much of his vigour. It has already been stated that his father was a

member of the Baptist Church, and one of the founders of the church of

that denomination in Fredericton. It does not appear that the son ever

identified himself with that Church, or that while a youth he gave much

attention to religious matters. It was not until after the death of his

first wife, which took place in 1833, that he became affected by

religious influences and began to attend the services of the Methodist

Church, the pulpit of which was then filled by the Rev. Enoch Wood, a

man of much ability and eloquence whose style of oratory was very

impressive. Under his ministrations Mr. Wilmot became a convert, was

baptized and joined the Methodist Church in Fredericton, and from that

time until the close of his life he was a very prominent figure in it.

He filled the office of superintendent of its Sunday School for upwards

of twenty-five years, and was the leader of the church choir for thirty

years. When he was appointed governor it was thought that he would give

up these offices, but he still continued to fill them, and was

superintendent of the Sunday School up to the day when his life came to

an end. He always took a great interest in questions relating to the

Bible, and frequently lectured on topics connected with it. He

vehemently opposed the teachings of Darwin and others who followed the

same line of inquiry, and he stoutly maintained that wherever the Bible

and science were in conflict, science was in the wrong. He seems to have

been, from first to last, an unquestioning believer in the doctrines of

the Christian religion, and he viewed with great disfavour any one who

ventured to question any part of its creed. As a lecturer he was

eloquent and though discursive, always interesting. None of his lectures

were written, so that to-day they are only a fading memory to those who

heard them delivered. Though found acceptable at the time, it is hardly

likely that, if delivered at the present day, they would enjoy so high a

degree of popularity. People are not now so willing to accept sweeping

assertions which are in conflict with the conclusions of scientific men

who have devoted their lives to a patient study of the phenomena of life

and the records of creation.

{INTEREST IN MILITARY MATTERS}

One of the most pleasing features of Judge Wilmot's character was his

fondness for children. He was never so happy as when among the young

people, and long after he became a judge he took an intense interest in

drilling the schoolboys and instructing them in all martial exercises;

indeed, he seemed to be quite as much devoted to this work as he was to

any other of his numerous employments. When a very young man, he became

an ensign in the first battalion of York County militia, and speedily

rose to be captain. When the so-called Aroostook War[9] broke out in

1839 he was major of a company of rifles attached to that battalion, and

he volunteered for active service at the front. His interest in military

matters continued until a late period, and, in the first military camp

organized in the province by the lieutenant-governor, the Hon. Arthur

Gordon, in 1863, he commanded one of the battalions. If Wilmot had not

been a politician and a lawyer, he might have been a great evangelist or

a great soldier.

Judge Wilmot was very fond of flowers, and the beautiful grounds at

Evelyn Grove, where he resided, were looked upon as the finest in the

province. Nearly every visitor to Fredericton found his way to that

charming place and was sure of a cordial welcome from the judge, who

delighted to show strangers what he had been able to accomplish in

growing flowers and rare plants. Not the least interesting feature of

such visits was the conversation of the host, who abounded in knowledge

of horticulture, and was always ready to give others the benefit of his

information. It was in this lovely retreat that the last years of Mr.

Wilmot's life were passed. When his term as governor expired, the

government of Canada very properly gave him a pension as a retired

judge. In 1875 he succeeded the Right Hon. Mr. Childers, as second

commissioner under the Prince Edward Island Land Purchase Act. He was

nominated as one of the arbitrators in the Ontario and North-West

Boundary Commission, but did not live long enough to act in that

capacity.

{HIS DEATH}

During the last two or three years of his life he suffered much from

chronic neuralgia, which sometimes prevented him from stirring

out-of-doors. No serious result was anticipated, and he was generally

able to take active exercise and engage in his usual routine of duty. On

Monday, May 20th, 1878, while driving in his carriage with his wife, he

complained of a sudden and severe pain in the region of the heart. He

was at once driven home and a physician summoned, but in a few minutes

he passed away. He had not quite completed his seventieth year. His

death evoked expressions of regret and sympathy from every part of the

province, and tributes of respect and admiration from many who resided

in other parts of Canada and in the United States.

Judge Wilmot was twice married. His first wife, whom he married in 1832,

was Jane, daughter of Mr. James Balloch, of St. John. She died very soon

after their marriage, and in 1834 he married Miss Elizabeth Black,

daughter of the Hon. William Black, of Halifax, and granddaughter of the

Rev. William Black, who is regarded as the apostle of Wesleyan Methodism

in the Maritime Provinces.

In estimating the character and achievements of L. A. Wilmot, regard

must be had to the conditions under which the battle for responsible

government was fought, and the peculiar difficulties he had to face. He

had not only to contend against governors determined to use their power

to the utmost, an immovable legislative council and a reactionary

executive, but he had to attempt to inspire with something of his own

spirit a House of Assembly which had but little sympathy with his views.

That he did not accomplish more is less a matter of surprise than that

he accomplished so much. With heavy odds against him, he contended for

the rights of the people and the improvement of the constitution, and he

lived to see the principles for which he had fought so firmly

established in his native province that they can never be disturbed.

{A CHAMPION OF THE PEOPLE}

It was never his good fortune to be the leader and master of a

government or to have a free hand in the work of legislation. We are

therefore left in the dark as to what he might have accomplished under

more favourable conditions. Yet there is but little doubt that, had he

remained in public life, the progress of Reform would have been greatly

accelerated, and that such important measures as the establishing of

free schools would have been brought about much earlier than was the

case without his vigorous support. The faults of Wilmot were those that

belong to an ardent, enthusiastic and liberty-loving temperament. He

hated injustice in every form, and in his denunciation of evil he was

sometimes led to use stronger language than men of cooler feelings

approved. In this way he aroused opposition and left himself open to

attack. Yet it is doubtful whether the censure of his enemies was as

injurious as the flattery of some who professed to be his friends, and

who were ready to applaud whatever he said or did. Being accepted as a

leader when a mere youth because he had made a few eloquent speeches, he

missed the wholesome discipline which most men have to undergo before

they achieve fame. He would have been a greater and wiser man if he had

been spared the unthinking flattery which was too lavishly bestowed upon

him. Yet, after all has been said by those who would seek to minimize

his merits, the fact remains that this son of New Brunswick stood for

years as the foremost champion of the rights of the people, and that it

is impossible to deny him a place among the great men who have assisted

to build up Canada.

FOOTNOTES:

[9] The Aroostook War arose out of the unsettled boundary question

between Maine and New Brunswick. There was a large area on the St. John

River, the ownership of which was in dispute, and in 1839 the difficulty

came to a head in consequence of the governor of Maine undertaking to

solve the question in his own way by taking possession of the territory.

Governor Fairfield, of Maine, sent eighteen hundred militiamen to the

front and Sir John Harvey, the governor of New Brunswick, issued a

proclamation asserting the right of Great Britain to guard the territory

while it was in dispute, and calling on the governor of Maine to

withdraw his troops. Fairfield denied the right to issue a counter

proclamation and called on the state for ten thousand men. Sir John

Harvey then sent Colonel Maxwell with the 36th and 69th Regiments and a

train of artillery to the upper St. John to watch the movements of the

militia. A large force of New Brunswick militia was also embodied and

sent to the front. Fortunately, President Van Buren sent General

Winfield Scott to Maine with full power to settle the difficulty. He got

into a friendly correspondence with Sir John Harvey, which led to an

understanding by which the troops on both sides were withdrawn and all

danger of war averted. The boundary question was afterwards settled by

the Ashburton Treaty.

[Illustration: S. L. Tilley]

SIR LEONARD TILLEY

CHAPTER I

EARLY LIFE AND BUSINESS CAREER

The political career of Samuel Leonard Tilley did not begin until the

year that brought the work of Lemuel Allan Wilmot as a legislator to a

close. Both were elected members of the House of Assembly in 1850, but

in the following year Wilmot was elevated to the bench, so that the

province lost his services as a political reformer just as a new man,

who was destined to win as great a reputation as himself, was stepping

on the stage. Samuel Leonard Tilley was born at Gagetown, on the St.

John River, on May 8th, 1818, just thirty-five years after the landing

of his royalist grandfather at St. John. He passed away seventy-eight

years later, full of years and honours, having won the highest prizes

that it was in the power of his native province to bestow.

{OF LOYALIST STOCK}

In these days, when a man becomes eminent an effort is usually made to

trace his descent from distinguished ancestors, but most of the early

inhabitants of New Brunswick were too careless in such matters to leave

much material to the modern maker of pedigrees. Sir Leonard Tilley was

unable to trace his descent beyond his great-grandfather, Samuel Tilley.

At one time it was thought that his first ancestor in America was John

Tilley, who came over in the _Mayflower_ in 1620, but a closer search of

the records of the Plymouth colony reveals the fact that John Tilley

left no sons. But there were persons of the name of Tilley in the

Massachusetts Bay colony as early as 1640, and there seems to be no

doubt that Sir Leonard Tilley's ancestors had been long in America. They

belonged to the respectable farming class which has given the Dominion

of Canada and the United States so many of their most distinguished

sons. Samuel Tilley, the great-grandfather of Sir Leonard, was a farmer

on Long Island at the time of the American Revolution. His farm was then

within the boundaries of the present borough of Brooklyn, and the

curious in such matters can find the very lot upon which he resided laid

down upon some of the ancient maps of that locality. At the time the

British occupied Long Island, after the battle which took place there in

the autumn of 1776, resulting in the defeat of the Americans, the

Brooklyn farmers were called upon to provide cattle for the sustenance

of the troops. Samuel Tilley, being a loyal man and a friend of the

government, complied, and for this he was made the subject of attacks by

the disloyal element among his neighbours, and in the course of time was

compelled to seek shelter within the British lines. The occupation of

Long Island by the British during the whole period of the war made it

secure enough for Samuel Tilley, as well as for all loyal men who lived

in the vicinity of Brooklyn; but when the war was over it became

necessary for him to seek shelter in Nova Scotia, the acts of

confiscation and banishment against the Loyalists being of the most

severe character. Samuel Tilley came to New Brunswick with the spring

fleet, which arrived in St. John in May, 1783, and was a grantee of

Parrtown, which is now the city of St. John. He erected a house and

store on King Street, on the south side, just to the east of Germain,

and there commenced a business which he continued for several years. He

died at St. John in the year 1815. His wife was Elizabeth Morgan, who

survived him for many years and died in 1835, aged eighty-four years.

Sir Leonard Tilley was not born when his great-grandfather died, but had

a clear recollection of his great-grandmother, who lived for about four

years after he came to reside in St. John. James Tilley, the grandfather

of Sir Leonard, was also a grantee of Parrtown, he having purchased for

a trifling sum, when a boy, a lot on Princess Street, which had been

drawn by some person who was anxious to dispose of it. James Tilley was

a resident of Sunbury County and a magistrate there for a great many

years, dying in the year 1851. Sir Leonard Tilley's father, Thomas

Morgan Tilley, was born in 1790, and served his time with Israel Gove,

who was a house-joiner and builder. He spent his early days as a

lumberman, getting out ship timber, his operations being carried on

mainly at Tantiwanty, in the rear of Upper Gagetown. He afterwards went

into business at Gagetown, and kept a store there down to the time of

his death, which took place in 1870. Sir Leonard's great-grandmother, on

his father's side, was Mary Chase, of the Chase family of Massachusetts,

she having come from Freetown, in that state. Sir Leonard's mother was

Susan Ann Peters, daughter of William Peters, who was for many years a

prominent farmer in Queens County, and a member of the legislative

assembly. William Peters owned a large property and had one of the

finest tracts of land possessed by any man in the province in his day.

But he was unwise enough to sell it for the purpose of obtaining money

with which to enter into lumbering with William Wilmot, the father of L.

A. Wilmot, and, being unsuccessful in his operations, his whole fortune

was swept away. The ancestors of William Peters were from New York

state, from which they came with the rest of the Loyalists in 1783.

{EARLY EDUCATION}

The house in Gagetown in which the future governor of New Brunswick and

finance minister of Canada was born, is still standing and is now used

as a hotel. Gagetown was at that period, and still is, one of the most

beautiful places in New Brunswick. The river St. John flows in front of

it, and Gagetown Creek, which is almost as wide as the river, laves its

shores. The land in the vicinity is fertile, and fine old trees line the

streets, giving an air of beauty and refinement to the locality. Sir

Leonard was named after his uncle, Samuel Leonard Peters, and the latter

was named after an English schoolmaster named Samuel Leonard, who was a

great favourite with William Peters, the grandfather of the subject of

this biography. Samuel Leonard, after leaving Gagetown, appears to have

removed to Nova Scotia, and probably died in that province. When Sir

Leonard was five years old he was sent to the Madras School in Gagetown,

of which Samuel Babbitt was the teacher. He attended this school from

1823 until 1827, when the grammar school was instituted in Gagetown. The

Madras school system was at that time in high favour with the people of

the province, and these schools received large grants from the

government, it being thought that this system was more advantageous than

any other for the instruction of youth. This idea, however, did not

prove to be universally correct, for in the course of a few years we

find the legislature declaring that while they believed the Madras

system suitable to towns and populous places, it did not answer so well

in rural districts. Samuel Babbitt, the teacher of the Madras School,

was clerk of the parish, and, according to the custom of that day, led

the responses in church. The rector of Gagetown at this period was the

Rev. Samuel Clark. The teacher of the local grammar school which young

Tilley attended from 1827 to 1831 was William Jenkins, a graduate of

Dublin University. Jenkins was a very severe man, and believed in the

doctrine that he who spares the rod spoils the child, and Sir Leonard

had a very vivid recollection of the vigour with which he applied the

birch. He removed from Gagetown shortly after 1831, and took up his

residence in Quebec, where he conducted a large school for many years,

dying about the year 1863. Sir Leonard, after he had become a well-known

political character and a member of the government of New Brunswick, had

the pleasure of paying him a visit some time in 1858.

An interesting incident occurred in 1827, at the time young Tilley

commenced to attend the grammar school. Sir Howard Douglas, who was then

governor of New Brunswick, paid a visit to Gagetown and was the guest of

Colonel Harry Peters, the speaker of the House of Assembly. While the

governor and his host were walking through Gagetown, they met young

Tilley and a son of Harry Peters returning from school, and the boys

were introduced to His Excellency, who presented each of them with a

Spanish quarter-dollar. Sir Leonard could remember and often spoke of

the appearance of Sir Howard Douglas, dressed in a blue coat with brass

buttons, a fine-looking gentleman, with a pleasant face and a kindly

smile. Little thought the then governor of New Brunswick that the boy to

whom he was speaking, a lad of nine years of age, would fifty years

later sit in his own chair in the government house.

{ENTERS ON BUSINESS LIFE}

Young Tilley was not the kind of youth likely to be satisfied to reside

all his life in Gagetown. Other boys of less ambition might be content

to settle down on the farm and to fulfil their destinies within the

comparatively limited sphere of action which that little town in Queens

County afforded, but he had within him longings for a higher destiny

than he was likely to attain as a resident of a rural district.

Young Tilley came to St. John in May, 1831, at the age of thirteen. He

at once entered the drugstore of Dr. Henry Cook, as a clerk, it being

the fashion of those times for medical men to have a dispensary in

connection with their professional practice, so that they could give

advice, and dispense their own prescriptions with equal facility. He

continued as clerk with Dr. Cook until February, 1835, when he entered

the service of William O. Smith, who, in later years, was mayor of St.

John. It was while a clerk with Smith that Tilley became a member of the

St. John Young Men's Debating Society, an organization which, if it has

no other claim to the remembrance of posterity, at least has that of

giving one distinguished statesman to British America, and a governor to

New Brunswick. It was in this society that he made his first attempt at

public speaking, and it may be said that from the very beginning he

showed a remarkable aptitude for debate and public discussions.

In December, 1837, he took one of the most important steps of his life

in espousing the cause of total abstinence. Having taken up this

movement, he threw his whole energy into it, and from that time down to

the day of his death he was a consistent temperance man, and a strong

advocate of the principle of total abstinence. It was, perhaps, this

strong advocacy of the cause of temperance, more than anything else,

that brought him before the public as a suitable person to become a

candidate for the House of Assembly, and led to his first election as a

representative for the city of St. John in the local legislature

thirteen years later. Certainly the fact that Tilley, from that time

until the close of his public career, had always the support of the

temperance societies, gave him a strength which he hardly would have

obtained otherwise, and rallied around him a phalanx of friends, who,

for fidelity to his interests and zeal for his political advancement,

could hardly have been surpassed.

Tilley commenced business on his own account in 1838, before he had

attained the age of twenty years, as a member of the firm of Peters &

Tilley, and he continued a successful career until 1855, when he

transferred his business to Mr. T. B. Barker, the founder of the present

firm of T. B. Barker & Sons. It is unnecessary to say anything more in

regard to Mr. Tilley's life as a business man than that it was a highly

prosperous one. He showed so much energy and enterprise that when he

entered political life he was comparatively wealthy. There is no doubt

that if he had continued in business instead of devoting his energies to

the service of the province and Dominion, he would have made far more

money than he obtained as a politician.

{COLONIAL TRADE}

The movement in behalf of free trade, which was changing the fiscal

policy of the United Kingdom in the closing years of the first half of

the nineteenth century, did not meet with much favour in New Brunswick,

because it seriously affected the leading industry of the province.

Colonial timber had long enjoyed a preference in the British market, but

this preference had been seriously impaired by imperial legislation and

was likely to be taken away altogether if free trade principles should

prevail. Many remonstrances had been sent to the British government

against the reduction or abolition of the duty on foreign timber which

came into competition with the colonial product, but these remonstrances

proved wholly unavailing, and it was seriously believed that the

colonial timber trade would be destroyed. This led to the annexation

movement of 1848, which affected all the provinces, while it also caused

the formation of organizations pledged to resist the free trade

movement. Tilley was in sympathy with these efforts to preserve colonial

trade, and it was in consequence of this that he first made his

entrance into political life.

{GENERAL ELECTION OF 1850}

At a meeting of the electors of St. John in favour of protection, which

was held previous to the general election of 1850, Tilley was nominated

as one of the candidates for the city of St. John. He was not present at

the meeting and had no knowledge whatever of the intention of the

electors to make such a nomination. A meeting was called a few nights

later in Carleton to confirm the nomination, and at that meeting Tilley

was present. He then made the strongest possible protest against the

nomination, but the electors present would not take "No" for an answer,

and he eventually consented to stand as a candidate, informing them at

the same time that he had an engagement to be in Boston on the day fixed

for the nomination, and could not be at the hustings on that day.

Notwithstanding this statement they still persisted in his nomination,

but as Tilley was absent in the United States, his nomination speech on

that occasion was made by Joseph W. Lawrence, who afterwards was found

among his strongest political opponents. At the general election of 1850

all the candidates elected for the city and county of St. John were

avowed opponents of the government. Tilley was returned at the head of

the poll, while W. H. Needham, who ran with him, was likewise elected.

The members elected for the county were R. D. Wilmot, William J.

Ritchie, John H. Gray and Charles Simonds; while J. R. Partelow,

Charles Watters and John Jordan were the three defeated candidates. The

list of candidates for the city and county of St. John included two

future governors, a future chief-justice of the supreme court of Canada

and two other judges, to say nothing of the provincial secretary, Mr.

Partelow, a speaker of the House of Assembly and a future mayor of St.

John. It must be admitted that few elections that have ever been held in

any part of British North America have had so many candidates presented

to the electors who were afterwards eminent in public life. This

election took place at an important epoch in the history of the

province, when the old order was passing away and men's minds were

prepared for a great change in political affairs. It was a Reform House

of Assembly, and, although all the members elected for the purpose of

upholding Reform principles did not prove true to their trust, still it

contained a larger number of men of Liberal views than any of its

predecessors.

Among the members of this House were several who had taken a very

important part in public affairs, or who afterwards became members of

the executive. The county of York sent among its representatives, Lemuel

A. Wilmot, who had been a member of the House for sixteen years, and who

had taken a leading part in many measures of importance for the

improvement of the system by which the country was governed.

Mr. Charles Fisher, who had been a colleague of Mr. Wilmot in the county

of York, was defeated at the general election, but soon afterwards

became a member of the House. Mr. Fisher had not the oratorical gifts

possessed by Mr. Wilmot, but he was even stronger in his Liberal views,

and as a constitutional lawyer he had no equal, at that time, in the

province. Although his manners were somewhat uncouth and his address far

from polished, Fisher had strong individuality and a singularly clear

intellect. His services in the cause of Liberalism in New Brunswick can

hardly be overestimated, and these services were rendered at a time when

to be a Liberal was to be, to a large extent, ostracized by the great

and powerful who looked upon any interference with their vested rights

as little short of treason.

Tilley's colleague from St. John city was William H. Needham, who

afterwards represented the county of York in the legislature. Mr.

Needham had some remarkable gifts as a speaker and a public man, and he

might have risen to a much higher position than he ever attained had it

not been that his principles were somewhat uncertain. In truth, Needham

never succeeded in getting sufficiently clear of the world to be quite

independent, and this misfortune hampered him greatly in his political

career.

{NOTABLE CANDIDATES}

One of the members from St. John County was William J. Ritchie, a lawyer

who had risen by his own efforts to a commanding position at the bar,

and who became chief-justice of Canada. Mr. Ritchie had been a member of

the House of Assembly for several years, and always a useful one. He

possessed what few members at that time had,--a clear knowledge of the

true principles of responsible government. He had an eminently practical

mind; he was a forcible and impressive speaker, and he was bold in the

enunciation of the Liberal principles to which he held. It was a serious

misfortune to the province that at a comparatively early age he was

transferred to the bench, so that his great abilities were lost at a

critical period when they might have been useful to New Brunswick in

many ways.

John H. Gray, a new member, also sat in this House for the county of St.

John. Mr. Gray was a man of fine presence, handsome appearance, and had

a style of oratory that was very captivating and impressive. His

fluency, however, was greater than his ability, and he injured himself

by deserting the Liberal party, which he had been elected to uphold.

Gray never quite recovered from the unpopularity connected with this

action, and he never became in any sense a real leader. The party he had

deserted soon obtained the control of the province, and his final

appearance in the legislature was as a supporter of Mr. Tilley, content

to play a secondary part during the great confederation conflict.

Robert Duncan Wilmot, another of the St. John County members, a first

cousin of L. A. Wilmot, was not new to the legislature, and his mind

being naturally conservative, it is in connection with the Conservative

party that he is best known in the history of the province. He was

elected as a Liberal, however, in 1850, but seems to have forgotten that

fact as soon as he reached the House of Assembly. This was not the only

occasion on which Wilmot contrived to change his principles, for he

performed a similar feat during the confederation contest, and left the

anti-confederate government of 1865 in the lurch at a moment when its

existence almost depended on his fidelity. Wilmot never was an eloquent

man, and he entertained some highly visionary views in regard to an

irredeemable paper currency, but he was a useful public servant, and he

afterwards became a member of the government of Canada and eventually

lieutenant-governor of New Brunswick.

{JOHN R. PARTELOW}

The Hon. John R. Partelow, who was defeated in St. John but elected for

Victoria, was a man who might have acquired a great political reputation

had the stage on which he appeared been a larger one. Partelow's

qualifications for high public position did not depend upon his oratory,

which was not of a high order, but upon his moderation and good sense.

Partelow's origin was humble, and his early days were spent as a clerk

in a store on the North Wharf, St. John. In that subordinate position he

made himself so useful and displayed so much ability that he was marked

for promotion. The idea of bringing him forward as a candidate for the

city of St. John seems to have originated with his employers, but when

he gained a seat in the legislature he speedily made his influence felt.

Partelow spoke but seldom, but when he did address the legislature it

was generally with good effect, and after the subject had been to a

large extent exhausted by previous speakers. He then had a faculty of

drafting a resolution which seemed to express the general sense of all,

and which was usually accepted as a solution of the matter. He was a

good business man, understood accounts thoroughly and, therefore, had a

great advantage in legislative work over those who were not so well

equipped in this respect. New Brunswick may have produced greater men

than he in public life, but none whose talents were more useful to the

province, or better fitted to serve its interests at a critical period

in its constitutional history.

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