CHAPTER IX

TILLEY AGAIN IN POWER

Among the causes that had assisted to defeat confederation in New

Brunswick, when the question was first placed before the people, was the

active hostility of the lieutenant-governor, Mr. Arthur Hamilton Gordon,

a son of that Earl of Aberdeen who was prime minister of England at the

outbreak of the Crimean War. Mr. Gordon had been a strong advocate of

maritime union and had anticipated that he would be the first governor

of the united province of Acadia, or by whatever name the maritime union

was to be known. He was therefore greatly disappointed and annoyed when

the visit of the Canadians to Charlottetown, in September, 1864, put an

end to the conference which had met for the purpose of arranging the

terms of a union of that character. While a governor cannot take a very

active part in political matters, he may stimulate others to hostility

or to a certain course of action, who, under other circumstances, would

be neutral or inactive, and there is reason to believe that some of the

men who were most prominent in opposing confederation at the general

election of 1865 were mainly influenced by the views of the

lieutenant-governor. Confederation, however, had been approved by the

British government, after the terms arranged at Quebec had been

submitted to it in a despatch from the governor-general; and those

officials in New Brunswick and elsewhere, who expected to find support

in Downing Street in their hostility to confederation, were destined to

be greatly disappointed. Not long after the new government was formed in

New Brunswick, Mr. Gordon returned to England, and it was generally

believed that he was sent for by the home authorities. Instead of being

favourably received on the ground of his opposition to confederation, he

is said to have been compelled to submit to a stern reproof for his

anti-constitutional meddling in a matter which did not concern him, and

to have been given decidedly to understand that if he returned to New

Brunswick, to fill out the remainder of his term of office, it must be

as one pledged to assist in carrying out confederation and not to oppose

it. When Mr. Gordon returned he was an entirely changed man, and

whatever influence he was able to exert from that time forward was used

in favour of confederation.

{FENIAN THREATS}

Another cause which made confederation more acceptable to the people of

the province arose from the threats of the Fenians to invade Canada,

which were made during the year 1865, and which were followed by armed

invasions during the following year. Although there was no good reason

for believing that the opponents of confederation were less loyal than

its supporters or less inclined to favour British connection, it was

remarked that all the enemies of British connection seemed to have got

into the anti-confederate camp. The Fenian movement had its origin in

the troubles in Ireland arising out of oppressive land laws and other

local causes, and it soon extended to America, where the politicians

found it useful as a means of increasing their strength among the Irish

people. At that time, there were in the United States many hundreds of

thousands of men who had been disbanded from the army at the close of

the Civil War, and who were only too ready to embrace any new

opportunity of winning for themselves fame and rank on other fields of

glory. Among these disbanded soldiers were many Irishmen, and it soon

came to be known that bands of men could be collected in the United

States for the invasion of this country, with the avowed object of

driving the British flag from the American continent and substituting

the stars and stripes. It was impossible that the people of Canada could

view without emotion these preparations for their undoing, and in New

Brunswick, especially, which was the first province to be threatened,

the Fenian movement materially assisted in deciding the manner in which

the people should vote on this great question of confederation when it

came to be submitted to them a second time.

The House of Assembly met on March 8th, 1866, and the speech from the

throne, delivered by the lieutenant-governor, contained the following

paragraph: "I have received Her Majesty's commands to communicate to you

a correspondence on the affairs of British North America, which has

taken place between Her Majesty's principal secretary of state for the

colonies and the governor-general of Canada; and I am further directed

to express to you the strong and deliberate opinion of Her Majesty's

government that it is an object much to be desired that all the British

North American colonies should agree to unite in one government. These

papers will immediately be laid before you." This paragraph was not

inserted in the speech without considerable pressure on the part of the

lieutenant-governor, and it excited a great deal of comment at the time,

because it seemed to endorse the principle of confederation, although

emanating from a government which had been placed in power as the result

of an election in which confederation had been condemned. When this

portion of the speech was read by the lieutenant-governor, in the

legislative council chamber, the crowd outside the bar gave a hearty

cheer,--a circumstance which never occurred before in the province of

New Brunswick, and perhaps not in any other British colony.

The members of the House favourable to confederation immediately took up

the matter, and dealt with it as if the government had thereby pledged

themselves in favour of that policy, and indeed there was a fair excuse

for such an inference. When the secret history of the negotiations

between the lieutenant-governor and his advisers, prior to the meeting

of the legislature, comes to be told, it will be found that at least

some of the members of the government had given His Excellency to

understand that they were prepared to reverse their former action and to

adopt confederation. The difficulty with them was that they feared their

own supporters, and thought that if they made such a move they would

lose the favour of those who had placed them in power, and this fear was

certainly a very natural one.

{DESERTED BY FRIENDS}

As soon as the House met, it was discovered that Mr. A. R. Wetmore, one

of the prominent supporters of the government who had been elected to

represent the city of St. John as an anti-confederate, was no longer in

sympathy with the government. Mr. Wetmore's long experience as a _nisi

prius_ lawyer, and his curt and imperturbable manner, rendered him a

most exasperating and troublesome opponent, and at a very early period

of the session he commenced to make it unpleasant for his former

friends. He cross-examined the members of the government in the fashion

which he had learned from long experience in the courts. Such attacks

proved extremely damaging as well as very annoying.

The address in reply to the speech from the throne was moved in the

House of Assembly by Colonel Boyd, of Charlotte County, and when the

paragraph relating to confederation was read, Mr. Fisher asked him what

it meant. Mr. Boyd replied that the government had no objection to

confederation, provided the terms were satisfactory. This reply still

further strengthened the feeling that the government were inclined to

pass the measure which they had been elected to oppose. Mr. Fisher moved

an amendment to the fourth paragraph of the address, which referred to

the Fenian conspiracy against British North America, expressing the

opinion that while His Excellency might rely with confidence on the

cordial support of the people for the protection of the country, his

constitutional advisers were not by their general conduct entitled to

the confidence of the legislature. This amendment was seconded by Mr.

DesBrisay, of Kent, who had been elected as a supporter of the

government, and it was debated at great length. The discussion upon it

continued from day to day for about three weeks, when, on April 10th,

the government resigned in consequence of difficulties with His

Excellency in regard to his reply to the address of the legislative

council. The legislative council had proceeded to pass the address in

reply to the speech, but in consequence of the delay in the House of

Assembly, this reply had not before been presented to the governor. In

answer to the address of the legislative council, His Excellency said:

"I will immediately transmit your address to the secretary of state for

the colonies in order that it may be laid at the foot of the throne. Her

Majesty the Queen has already been pleased to express deep interest in a

closer union of her North America colonies and will no doubt greatly

appreciate this decided expression of your opinion, and the avowal of

your desire that all British North America should unite in one

community, under one strong and efficient government, which cannot but

tend to hasten the accomplishment of this great measure."

{THE GOVERNMENT RESIGNS}

The resignation of the government was announced in the House of Assembly

on April 13th by the Hon. A. J. Smith, and the correspondence between

the lieutenant-governor and his advisers was laid before the House at

the same time. The immediate and ostensible cause of the resignation was

the terms of approval in which the lieutenant-governor had replied to

the address of the legislative council in reference to confederation.

Mr. Smith claimed that it was the duty of the lieutenant-governor to

consult his constitutional advisers in regard to the answer to be given,

and that, in assuming to himself the right to reply to such an address

without consulting them, he had not acted in accordance with the true

spirit of the constitution. This was certainly sound doctrine, and the

reply of the lieutenant-governor was by no means satisfactory on this

point, but he was able to show that Mr. Smith had himself expressed his

willingness to enter into a scheme of union, although opposed to the

Quebec scheme, and had suggested that, as a preliminary step, the papers

on that subject should be referred to a joint committee of both Houses

with an understanding that the committee should report in favour of a

measure of union. At a later period Mr. Smith seemed indisposed to carry

out this arrangement, his conduct evidently being the result of

timidity, and so he found himself, to use the language of Sir Arthur

Gordon, "entangled in contradictory pledges from which he found it

impossible to extricate himself." He had, in fact, placed himself in the

power of the lieutenant-governor, and his only resource was to resign.

It was understood at the time, and has never been denied, that His

Excellency was acting under the advice of the Hon. Peter Mitchell, a

member of the legislative council, who was a strong supporter of

confederation. Mr. Mitchell was a man of great force of character, and,

next to Mr. Tilley, must be regarded as the most potent factor in

bringing about the change in the sentiments of the people of the

province with respect to confederation.

The lieutenant-governor called upon the Hon. Peter Mitchell, who was a

member of the legislative council, to form a government. Mr. Mitchell

had been very active in the cause of confederation, and was the moving

spirit in the legislative council in all the proceedings in its favour

taken in that body; but, when asked to form a new government, he advised

the lieutenant-governor that the proper person to undertake that

responsibility was the Hon. Mr. Tilley. The latter, however, declined

the task on the ground that he was not a member of the legislature,

whereupon Mr. Mitchell associated with himself the Hon. Mr. Wilmot for

the purpose of forming a new government. The government was announced on

April 18th, and was formed as follows:--Hon. Peter Mitchell, president

of the council; Hon. S. L. Tilley, provincial secretary; Hon. Charles

Fisher, attorney-general; Hon. Edward Williston, solicitor-general; Hon.

John McMillan, postmaster-general; Hon. A. R. McClelan, chief

commissioner of public works; Hon. R. D. Wilmot and Hon. Charles

Connell, members without office. The latter afterwards became

surveyor-general.

{THE FENIAN INVASION}

While the government was being formed in New Brunswick, a Fenian army

was gathering upon the border for the purpose of invading the province.

This force consisted of four or five hundred young men, most of whom had

been in the army of the United States. It was recruited at New York, and

its chief was a Fenian named Doran Killian. A part of his force arrived

at Eastport on April 10th, and a schooner, laden with arms for the

Fenians, soon after reached that place. From this schooner, which was

seized by the United States authorities, one hundred and seventeen cases

of arms and ammunition were taken,--a clear proof that the intentions of

the Fenians were warlike, and that their presence on the border was not

a mere demonstration. The Fenians appeared to have been under the

impression--as many residents of the United States are to this day--that

the people of Canada and of New Brunswick were dissatisfied with their

own form of government, and were anxious to come under the protection of

the stars and stripes. This absurd idea was responsible, largely, for

the War of 1812, and it has been responsible, since then, for many other

movements, with respect to the British provinces of North America, in

which residents of the United States have taken part. There never was a

greater delusion than this, and, in the instance referred to, the

Fenians were doomed to be speedily undeceived. The presence of a Fenian

force on the border sounded like a bugle blast to every able-bodied man

in New Brunswick, and the call for troops to defend the country was

instantly responded to. About one thousand men were called out and

marched to the frontier. The troops called out consisted of the three

batteries of the New Brunswick regiment of artillery, seven companies of

the St. John volunteer battalion, one company of the first battalion of

the York County militia, one company each of the first and third

battalions of the Charlotte County militia, and two companies each of

the second and fourth battalions of the Charlotte County militia. These

troops remained in arms on the frontier for nearly three months, and

were disbanded by a general order dated June 20th. The Fenian raid on

New Brunswick proved to be a complete fiasco. The frontier was so well

guarded by the New Brunswick militia and by British soldiers, and the

St. Croix so thoroughly patrolled by British warships, that the Fenians

had no opportunity to make any impression upon the province. It ought to

be added that the United States government was prompt to take steps to

prevent any armed invasion, and General Meade was sent down to Eastport

with a force of infantry and a ship of war to prevent the Fenians from

making that place a base of operations against these provinces.

{CONFEDERATION VICTORIES}

The general elections to decide whether or not New Brunswick was willing

to become confederated with Canada, were held in May and June. The first

election was that for the county of Northumberland on May 25th, and the

result was that the four candidates who favoured confederation, Messrs.

Johnson, Sutton, Kerr and Williston, were elected by large majorities.

The same result followed in the county of Carleton, where the election

was held on May 26th, Messrs. Connell and Lindsay being elected by a

vote of more than two to one over their anti-confederate opponents. The

third election was in Albert County on the 29th, and there Messrs.

McClelan and Lewis, the two candidates in favour of confederation, were

triumphantly returned. On May 31st, elections were held in Restigouche

and Sunbury, and, in these counties, the candidates in favour of

confederation were returned by large majorities. The York election came

next. In that county, the anti-confederates had placed a full ticket in

the field, the candidates being Messrs. Hatheway, Fraser, Needham and

Brown. Mr. Fisher had with him on the ticket, Dr. Dow and Messrs.

Thompson and John A. Beckwith. Every person expected a vigorous contest

in York, notwithstanding the victory of Mr. Fisher over Mr. Pickard a

few months before. But, to the amazement of the anti-confederates in

other parts of the province, the Hon. George L. Hatheway and Dr. Brown

retired after nomination day and left Messrs. Fraser and Needham to do

battle alone. Mr. Hatheway's retirement at this time was a deathblow to

the hopes of the anti-confederates all over New Brunswick, affecting not

only the result in the county of York, but in every other county in

which an election was to be held. A few nights before his resignation,

Mr. Hatheway had been in St. John addressing a packed meeting of

anti-confederates in the hall of the Mechanics' Institute, and he had

spoken on that occasion with apparent confidence. When his friends in

St. John, who had been so much moved by his vigorous eloquence, learned

that he had deserted them, their indignation was extreme, and they felt

that matters must indeed be in a bad way when he did not dare to face

the York electors.

The election in the county of St. John was held on June 6th, and that in

the city, on the seventh. For the county, the confederate candidates

were Messrs. C. N. Skinner, John H. Gray, James Quinton and R. D.

Wilmot, and the anti-confederate candidates were Messrs. Coram, Cudlip,

Robertson and Anglin. The former were elected by very large majorities,

Mr. Wilmot, who stood lowest on the poll among the confederates, having

a majority of six hundred over Mr. Coram, who stood highest among the

defeated candidates. The election for the city was an equally emphatic

declaration in favour of confederation. The candidates were the Hon. S.

L. Tilley and A. R. Wetmore on the confederate side, and J. V. Troop and

S. R. Thompson opposed to confederation. Mr. Tilley's majority over Mr.

Troop, who stood highest on the poll of the two defeated candidates, was

seven hundred and twenty-six. The only counties which the

anti-confederate party succeeded in carrying were Westmorland,

Gloucester and Kent,--three counties in which the French vote was very

large,--so that of the forty-one members returned, only eight were

opponents of confederation. The victory was as complete as that which

had been recorded against confederation in the beginning of 1865.

{THE BATTLE IS WON}

The battle of confederation had been won, and the triumph was mainly due

to the efforts of the Hon. Mr. Tilley. That gentleman, as soon as the

defeat of confederation took place in March, 1865, had commenced a

campaign for the purpose of educating the people on the subject. Being

free from his official duties and having plenty of time on his hands,

he was able to devote himself to the work of explaining the advantages

of the proposed union to the people of the province; and during the

years 1865 and 1866, he spoke in almost every county on the subject

which was so near to his heart. He had embraced confederation with a

sincere desire for the benefit of his native province, and with the

belief that it would be of the greatest advantage to New Brunswick. If

the fruits of confederation have not yet all been realized, that has

been due rather to circumstances over which neither Mr. Tilley nor any

one else had any control, than to any inherent vice of confederation

itself. If union is strength, then it must be admitted that the union of

the British North American provinces, which consolidated them into a

powerful whole, was a good thing; and there cannot be a doubt that if

the provinces had remained separate from each other, their present

position would have been much less favourable than it is now.

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