CHAPTER III

THE PROHIBITORY LIQUOR LAW

The House which had been elected in 1850 was dissolved after the

prorogation in 1854, and the election came on in the month of July. It

was a memorable occasion, because it was certain that the topics

discussed by the House then to be elected would be of the very highest

importance. One of these subjects was the reciprocity treaty, which at

that time had been arranged with the United States through the British

government. This treaty provided for the free interchange of certain

natural products between the great republic and the several provinces

which later formed the Dominion of Canada, and it had been brought about

through the efforts of Lord Elgin, who at that time was governor-general

of Canada. The treaty was agreed to on June 5th, and was subject to

ratification by the imperial parliament and the legislatures of the

British North American colonies which were affected by it. In the St.

John constituencies there was at that time a strong feeling in favour of

a protection policy, but this did not interfere with the desire to

effect the interchange of raw material with the United States on

advantageous terms. Tilley had been originally nominated as a

protectionist, and still held views favourable to the encouragement and

protection of native industries by means of the tariff, but he was also

favourable to reciprocity with the United States if it could be obtained

in such a manner as to be beneficial to the province. At the general

election he led the poll in the city of St. John, his colleague being

James A. Harding, who had been elected at a bye-election to the previous

House. For the county, Mr. William J. Ritchie was one of the successful

candidates, and the only Liberal returned for that constituency. The

other members for the county were the Hon. John R. Partelow, Robert D.

Wilmot and John H. Gray.

The new House was called together on October 19th for the purpose of

ratifying the reciprocity treaty, and the Hon. D. L. Hanington was

elected speaker by a vote of twenty-three to thirteen. This gave the

opposition an earlier opportunity of defeating the Street-Partelow

administration than would, under ordinary circumstances, have been

possible. An amendment to the address was moved by the Hon. Charles

Fisher, which was an indictment of the government for their various

shortcomings and offences. The amendment was to expunge the whole of the

fifth paragraph and substitute for it the following:--

"It is with feelings of loyalty and attachment to Her Majesty's person

and government that we recognize, in that provision of the treaty which

requires the concurrence of this legislature, a distinct avowal by the

imperial government of their determination to preserve inviolate the

principles of self-government, and to regard the constitution of the

province as sacred as that of the parent state. We regret that the

conduct of the administration during the last few years has not been in

accordance with these principles, and we feel constrained thus early to

state to your Excellency that your constitutional advisers have not

conducted the government of the province in the true spirit of our

colonial constitution." This amendment was debated for six days, and was

carried by a vote of twenty-seven to twelve.

{QUESTION OF THE JUDGES REVIVED}

The general ground of accusation against the government, and the one

most strongly insisted upon, was that it had yielded to the influence of

the colonial office in the appointment of Judge Wilmot. It was well

known that the government at that time, or at least a majority of them,

did not consider it necessary to appoint another judge; at all events,

they took no steps to bring about another appointment; but they yielded

to the colonial office, and the pressure put upon them by Sir Edmund

Head, the lieutenant-governor, so far as to acquiesce in the appointment

of Judge Carter as chief-justice, and the elevation of Mr. Wilmot to the

bench. This was a fair ground of attack, because it was clear that if

the executive council of New Brunswick was under the orders of the home

government, representative institutions and responsible government did

not exist.

Thus the Street-Partelow government fell, and with it disappeared, at

once and forever, the old Conservative regime which had existed in the

province from its foundation, and which, unavoidably no doubt, had

presided over the early political life of the colony, but the undue

continuance of which was wholly incompatible with the full development

of representative institutions and responsible government. It was a

great triumph for the cause of Liberalism that the Conservatives of that

period were not only defeated, but swept altogether out of existence.

After that a government of men who called themselves Conservatives might

go into power, but the old state of affairs, under which the

lieutenant-governor could exercise almost despotic powers, had departed

forever, and could no more be revived than the heptarchy. All that a

Conservative government could do after that was to fall into line with

the policy of the men they had displaced, and proceed, less rapidly

perhaps, but none the less surely, along the path of political progress.

The new government which was formed as the result of this vote had for

its premier the Hon. Charles Fisher, who took the office of

attorney-general; Mr. Tilley became provincial secretary; Mr. James

Brown, a few weeks later, received the office of surveyor-general; J. M.

Johnson, one of the members for Northumberland, became solicitor-general;

and William J. Ritchie, Albert J. Smith and William H. Steeves were

members of the government without office.

The bill to give effect to the reciprocity treaty passed its third

reading on November 2d, only five members voting against it. On motion

of the Hon. Mr. Ritchie, one of the members of the new government, it

was resolved that it was desirable and expedient that the

surveyor-general, who was a political officer, should hold a seat in the

House of Assembly, and that the government should carry out the wishes

of the House in this respect. Before the House again met the wishes of

the House had been complied with, and Mr. Brown, of Charlotte, became

surveyor-general.

{SESSION OF 1855}

The House met again on February 1st, 1855, and then the real work of

legislative and administrative reform began. In the speech from the

throne it was stated that the Customs Act would expire in the course of

a year, and that it was necessary that a new Act should be passed. A

better system of auditing the public accounts was also recommended, and

a better system of electing members to the legislature. On March 5th,

correspondence was brought down, dated the previous 15th of August,

announcing, on the part of the imperial government, the withdrawal of

the imperial customs establishment, which was considered to be no longer

necessary, and stating that as the duties of these offices were now

mainly in connection with the registration of vessels in the colonies,

and the granting of certificates of the origin of colonial products,

this work would hereafter be performed by the colonial officers. A

letter addressed to the comptrollers and other customs officers had

informed them that their services would be discontinued after January

5th, 1855. So disappeared the last remnant of the old imperial

custom-house system, which had been the cause of so many difficulties in

all the colonies and which had done more than anything else to bring

about the revolution which separated the thirteen colonies from the

mother country.

The great measure of the session of 1855 was the law to prevent the

importation, manufacture or selling of liquor. This bill was brought in

by Mr. Tilley as a private member, and not on behalf of the government.

It was introduced on March 3d. Considering its importance and the fact

that it led to a crisis in the affairs of the government and the

temporary defeat of the Liberal party, it went through the House with

comparatively little difficulty. It was first considered on March 19th,

and a motion to postpone its further consideration for three months was

lost by a vote of seventeen to twenty-one. The final division on the

third reading was taken on March 27th, and the vote was twenty-one to

eighteen, so that every member of the House, with one exception, voted

yea or nay. The closeness of this last division should have warned the

advocate of the measure that it was likely to produce difficulty, for it

is clear that all laws which are intended to regulate the personal

habits of men must be ineffectual unless they have the support of a

large majority of the people affected by them. That this was not the

case with the prohibitory liquor law was shown by the vote in the

legislature, and it was still more clearly shown after the law came into

operation on January 1st, 1856.

{PROHIBITORY LIQUOR ACT}

The passage of the prohibitory law was a bold experiment, and, as the

sequel showed, more bold than wise. The temperance movement in New

Brunswick, at that time, was hardly more than twenty years old, and New

Brunswick had always been a province in which the consumption of liquor

was large in proportion to its population. When it was first settled by

the Loyalists, and for many years afterwards, the use of liquor was

considered necessary to happiness, if not to actual existence. Every

person consumed spirits, which generally came to the province in the

form of Jamaica rum, from the West Indies, and as this rum was supposed

to be an infallible cure for nearly every ill that flesh is heir to,

nothing could be done at that time without its use. Large quantities of

rum were taken into the woods for the lumbermen, to give them sufficient

strength to perform the laborious work in which they were engaged, and

if it had been suggested that a time would come when the same work would

be done without any more powerful stimulant than tea, the person who

ventured to make such a suggestion would have been regarded as foolish.

Experience has shown that more and better work can be done, not only in

the woods, but everywhere else, without the use of stimulants than with

them; but no one could be persuaded to believe this sixty years ago.

Every kind of work connected with the farm then had to be performed by

the aid of liquor. Every house-raising, every ploughing match, every

meeting at which farmers congregated, had unlimited quantities of rum as

one of its leading features. It was also used by almost every man as a

part of his regular diet; the old stagers had their eleven-o'clock dram

and their nip before dinner; their regular series of drinks in the

afternoon and evening; and they actually believed that without them life

would not be worth living. Some idea of the extent of the

spirit-drinking of the province may be gathered from the fact that, in

1838, when the population did not exceed 120,000, 312,298 gallons of

rum, gin and whiskey, and 64,579 gallons of brandy were consumed in New

Brunswick. Spirits, especially rum, were very cheap, and, the duty being

only thirty cents a gallon, every one could afford to drink it if

disposed to do so.

It was at midnight on December 31st, 1855, when the bells rang out a

merry peal to announce the advent of the New Year, that this law went

into force. This meant little less than a revolution in the views,

feelings and ideas of the people of the province, and, to a large

extent, in their business relations. The liquor trade, both wholesale

and retail, employed large numbers of men, and occupied many buildings

which brought in large rents to their owners. The number of taverns in

St. John and its suburb, Portland, was not less than two hundred, and

every one of these establishments had to be closed. There were probably

at least twenty men who sold liquor at wholesale, and who extended their

business to every section of the province, as well as to parts of Nova

Scotia, and their operations also had to come to an end. It was not to

be supposed that these people would consent to be deprived suddenly of

their means of living, especially in view of the fact that it was by no

means certain that the sentiment in favour of prohibition was as strong

in the country as it appeared to be in the legislature. It has always

been understood that many men voted for prohibition in the House of

Assembly who themselves were not total abstainers, but who thought they

might make political capital by taking that course, and who relied on

the legislative council to throw out the bill. No men were more

disgusted and disappointed than they when the council passed the bill.

{PROHIBITORY ACT UNPOPULAR}

The result of the attempt to enforce prohibition was what might have

been expected. The law was resisted, liquor continued to be sold, and

when attempts were made to prevent the violation of the law, and the

violators of the law were brought before the courts, able lawyers were

employed to defend them, while the sale of liquor by the same parties

was continued, thus setting the law at defiance. This state of confusion

lasted for several months, but it is unnecessary to go into details. In

the city of St. John, especially, the conflict became bitter to the last

degree, and it was evident that, however admirable prohibition might be

of itself, the people of that city were not then prepared to accept it.

At this juncture came the astounding news that the lieutenant-governor,

the Hon. H. T. Manners-Sutton, had dissolved the House of Assembly

against the advice of his council. This governor, who had been appointed

the year previous, was a member of an old Conservative family, one of

whom was speaker of the British House of Commons for a great many years.

The traditions of this family were all opposed to such a radical measure

as the prohibitory law, and, therefore, it was not to be expected that

Manners-Sutton, who drank wine at his own table, and who considered that

its use was proper and necessary, would be favourable to the law. But

even if he had been disposed to favour it originally, or to regard it

without prejudice, the confusion which it caused in the province when

the attempt was made to enforce it, would naturally incline him to look

upon it as an evil. At all events, he came to the conclusion that the

people should have another opportunity of pronouncing upon it, and, as

the result of this view of the situation, resolved to dissolve the

legislature, which had been elected only a little more than a year, and

had still three years to run.

{DISSOLUTION OF LEGISLATURE}

The election which followed in July, 1856, was perhaps the most hotly

contested that has ever taken place in the province. In St. John,

especially, the conflict was fierce and bitter, because it was in this

city that the liquor interest was strongest and most influential. All

over the province, however, the people became interested in the

struggle, as they had not been in any previous campaign.

By the Liberals and friends of the government, the action of Governor

Sutton was denounced as tyrannical, unjust and entirely contrary to the

principles of responsible government. On the other hand, the friends of

the governor and of the liquor interest declared that his action was

right, and the cry of "Support the governor," was raised in every

county. At this day it is easy enough to discern that there was a good

deal of unnecessary violence injected into the campaign, and that

neither party was inclined to do full justice to the other.

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