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+The Project Gutenberg EBook of Wilmot and Tilley, by James Hannay
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Wilmot and Tilley
+
+Author: James Hannay
+
+Release Date: July 19, 2008 [EBook #26086]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK WILMOT AND TILLEY ***
+
+
+
+
+Produced by Jason Isbell, Stephen Blundell and the Online
+Distributed Proofreading Team at https://www.pgdp.net (This
+file was produced from images generously made available
+by The Internet Archive/Canadian Libraries)
+
+
+
+
+
+
+
+
+
+              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 rôle 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 £10,500 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 £16,616
+18s. 11d. sterling, from which was deducted for salaries £7,073 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 £4,250 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 £14,500 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
+£14,500 for a civil list. The third clause enacted that all the surplus
+over and above the sum of £14,500 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 £14,500 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 £3,500 sterling, or almost
+double the present salary of the lieutenant-governor of New Brunswick.
+The commissioner of Crown lands was to have £1,750 sterling, or about
+five times as much as the present holder of that office; the provincial
+secretary got £1,430 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 £600 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 £150,000, 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 £150,000, 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 reëlected 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 reëlection. 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 reëlection.
+
+{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 reëlection. 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
+coöperation 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 £1,599 11s. to £600;
+that of the surveyor-general from £2,019 4s. 4d. to £1,209 12s. 4d., and
+that of the auditor-general from £500 to £346 3s. The salaries of the
+judges, however, remained the same in 1850 as they had been in 1836,
+viz., £1,096 3s. for the chief-justice and £750 for each of the puisne
+judges. Wilmot's bill reduced these salaries to £700 for the
+chief-justice and £600 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 régime. 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.
+
+
+
+
+CHAPTER II
+
+ELECTED TO THE LEGISLATURE
+
+
+Shortly after the general election, Chief-Justice Chipman, who had been
+in infirm health, resigned his office, and a vacancy was thus left on
+the bench of the supreme court of the province. In the natural course,
+this office ought to have gone to the attorney-general, Mr. L. A.
+Wilmot, but this appointment was not made. The council were unable to
+unite in any recommendation to the governor, who consequently laid all
+the facts before the home government and in reply received instructions
+to give the chief-justiceship to Judge Carter and to offer the puisne
+judgeship to Mr. Wilmot, or, if he should refuse it, to Mr. Kinnear, the
+solicitor-general. The executive council complained that the appointment
+of Mr. Wilmot to a seat on the bench by the authority of the secretary
+of state without the advice or recommendation of the responsible
+executive within the province, was at variance with the principles of
+responsible government which were understood to be in force. They,
+however, had only themselves to thank for this, for they were
+continually appealing to Downing Street. As a majority of the House had
+been elected as opponents of the government, it was supposed there
+would be no difficulty in bringing about a change of administration. Mr.
+Simonds, of St. John, who was reputed to be a Liberal, was elected
+speaker without opposition, and at an early day in the session Mr.
+Ritchie, of St. John, moved, as an amendment to the address, a
+want-of-confidence resolution. This resolution, instead of being carried
+by a large majority as was expected, was lost by a vote of fifteen to
+twenty-two, Messrs. Alexander Rankine and John T. Williston, of
+Northumberland, Messrs. Robert Gordon and Joseph Reed, of Gloucester,
+Mr. A. Barbarie, of Restigouche, and Mr. Francis McPhelim, of Kent,
+having deserted their Liberal allies. Had they proved faithful, the
+government would have been defeated, and the province would have been
+spared another three years of an incompetent administration.
+
+In this division, Tilley and Needham, who represented the city of St.
+John, and Messrs. R. D. Wilmot and Gray, two of the county members,
+voted for Ritchie's amendment. As Wilmot and Gray showed by their votes
+that they had no confidence in the government in February, 1851, it was
+with much surprise that the people of St. John, in the August following,
+learned that they had become members of the administration which they
+had so warmly condemned a few months before. Their secession from the
+Liberal party destroyed whatever chance had before existed of ousting
+the government. Mr. Fisher had seceded from the government in
+consequence of their action in reference to the judicial appointments,
+and John Ambrose Street, who was a member for Northumberland, became
+attorney-general in place of Robert Parker, appointed a judge. Mr.
+Street was a ready debater and a strong Conservative, and his entrance
+into the government at that time showed that a Conservative policy was
+to be maintained.
+
+{RAILWAY LEGISLATION}
+
+Mr. Street, as leader of the government in the assembly, presented a
+long programme of measures for the consideration of the legislature,
+none of which proved to be of any particular value. The municipal
+corporation bill was passed, but it was a permissive measure, and was
+not taken advantage of by any of the counties. A bill to make the
+legislative council elective, which was also passed in the Lower House
+at the instance of the government, was defeated in the Upper Chamber.
+The bill appointing commissioners on law reform was carried, and
+resulted in the production of the three volumes of the revised statutes
+issued in 1854. The most important bill of the session, introduced by
+the government, was one in aid of the construction of a railroad from
+St. John to Shediac. This bill provided that the government should give
+a company two hundred and fifty thousand pounds sterling, to assist in
+the construction of the line referred to. There was also a bill to
+assist the St. Andrews and Quebec Railroad to the extent of fifty
+thousand pounds, and a bonus or subvention to the Shediac line
+amounting to upwards of eleven thousand dollars a mile, for which sum a
+very good railway could be constructed at the present time. It may be
+stated here that, although the company was formed and undertook to build
+a railway to Shediac under the terms offered by the government, the
+province had eventually to build the road at a cost of forty thousand
+dollars a mile, or fully double what a similar road could be constructed
+for now.
+
+{KING'S COLLEGE}
+
+One of the measures brought forward by the government at this session
+was with reference to the schools of the province. The idea of taxing
+the property of the county for the support of public schools had not
+then found any general acceptance in New Brunswick; indeed, it was not
+till the year 1872 that the measure embodying this principle was passed
+by the legislature. The government school bill of 1851 provided that the
+teachers were to be paid in money, or board and lodging, by the district
+to the amount of ten pounds for six months, in addition to the
+government allowance. This bill was a very slight improvement on the Act
+then in force, and as the government left it to the House to deal with,
+and did not press it as a government measure, it was not passed. A
+private member, Mr. Gilbert, of Queens, at this session proposed to
+convert King's College into an agricultural school, with a model farm
+attached. King's College had been established by an Act passed in 1829,
+and had received a large endowment from the province, but it never was a
+popular institution because of its connection with a single Church. The
+original charter of the college made the bishop of the diocese the
+visitor, and required the president to be always a clergyman of the
+Church of England; and, although this had been changed in 1845 by the
+legislature, the number of students who attended it was always small,
+and it was shown in the course of debate that it had failed to fulfil
+the object for which it was created. The college council consisted of
+fifteen members, of whom ten were Episcopalians; and the visitor, the
+chancellor, the president, the principal, five out of seven of the
+professors and teachers, and the two examiners were members of the same
+Church. The services in the college chapel were required to be attended
+by all resident students, and of the eighteen students then in the
+college, sixteen were Episcopalians. It was felt that this college
+required to be placed on a different footing, and Mr. Gilbert's bill,
+although it provoked much hostile comment at the time, certainly would
+have been more beneficial to the educational interests of the country,
+if it had passed, than the state of affairs which resulted from the
+continuance of the old system. An agricultural school was the very thing
+the province required, while, judging from the limited attendance at the
+college at that time, the people of this province were not greatly
+impressed with the value of a classical education. In 1851, however,
+any one who proposed to replace a college for the teaching of Greek and
+Latin with a college of agriculture, and the sciences allied to it, was
+looked upon as a Philistine. Then youths were taught to compose Latin
+and to read Greek who never, to the day of their death, had a competent
+knowledge of their own language; and agricultural studies, which were of
+the highest importance to more than one-half of the people of the
+province, were totally neglected. Mr. Gilbert's bill was defeated, as it
+was certain to be in a legislature which was still under the domination
+of old ideas. Had it passed, New Brunswick might at this time have had a
+large body of scientific farmers capable of cultivating the soil in the
+most efficient manner, and increasing its productiveness to an extent
+hardly dreamed of by those who only consider it in the light of the
+present system of cultivation.
+
+During this session, Mr. Ritchie of St. John moved a series of
+resolutions condemning the government, and complaining of the colonial
+office and of the conduct of the governor. These resolutions declared:
+first, that the House was entitled to full copies of all despatches
+addressed to or received from the colonial office, and that it was not
+enough merely to send extracts from a despatch which had been received
+by the governor. They declared that the power of making appointments to
+offices was vested in the governor by and with the advice of the
+executive council, and that the appointment of the chief-justice and a
+puisne judge by the governor, contrary to the advice of his council, was
+inconsistent with the principles of responsible government. They
+complained that the salaries were excessive, and condemned the refusal
+of the British government to allow the colonies to grant bounties for
+the development of their resources. These resolutions, after being
+debated for about a week, were rejected by a vote of twenty-one to
+nineteen, the smallness of the majority against them at the time being
+looked upon as virtually a Liberal victory. If the nineteen had been
+made up of men who could be relied on to stand by their colours in all
+emergencies, it would have been a Liberal triumph, but, unfortunately,
+among the nineteen there were some who afterwards deserted their party
+for the sake of offices and power.
+
+{A POLITICAL SURPRISE}
+
+Early in August it was announced that John H. Gray and R. D. Wilmot, two
+of the Liberal members for the county of St. John, had abandoned their
+party and their principles and become members of the government. The
+Liberals of St. John, who had elected these gentlemen by a substantial
+majority, were naturally chagrined at such a proof of their
+faithlessness, and their colleagues were likewise greatly annoyed.
+Messrs. Gray and Wilmot made the usual excuses of all deserters for
+their conduct, the principal one being that they thought they could
+serve the interests of the constituency and of the province better by
+being in the government than out of it. The friends of the four members
+who still remained faithful, Messrs. Tilley, Simonds, Ritchie and
+Needham, held a meeting at which these gentlemen were present, and it
+was agreed that they should join in an address to their constituents
+condemning the course of Messrs. Wilmot and Gray, and calling on the
+constituency to pronounce judgment upon it. As Wilmot, who had been
+appointed to the office of surveyor-general, had to return to his
+constituency for reëlection, the voice of the constituency could only be
+ascertained by placing a candidate in the field in opposition to him.
+This was done, and Mr. Allan McLean was elected to oppose Mr. Wilmot.
+The result seemed to show that the people of St. John had condoned the
+offence, for Wilmot was reëlected by a majority of two hundred and
+seventy-three. As this appeared to be a proof that they had lost the
+confidence of their constituents, Messrs. Simonds, Ritchie and Tilley at
+once resigned their seats and did not offer for reëlection. This act
+was, at the time, thought by many to indicate an excess of
+sensitiveness, and Needham refused to follow their example, thereby
+forfeiting the regard of most of those who had formerly supported him.
+The sequel proved that the three resigning members were right, for they
+won much more in public respect by their conduct than they lost by their
+temporary exclusion from the House of Assembly.
+
+{THE ST. JOHN ELECTION}
+
+The gentlemen returned for the three seats in St. John which had been
+vacated by the resigning members were James A. Harding, John Goddard and
+John Johnson. Mr. Harding, who ran for the city, was opposed by S. K.
+Foster. Harding was a Liberal, but this fact does not seem to have been
+kept in view when he was elected. The net result of the whole affair was
+that the constituency of St. John could not be relied upon to support a
+Liberal principle, or any kind of principle as against men. That has
+always been a peculiarity of the St. John constituencies, men being more
+important than measures, and frequently a mere transient feeling being
+set off against the most important considerations of general policy.
+
+Tilley was not in the House of Assembly during the sessions of 1852,
+1853 and 1854; that period was one, however, of development in political
+matters and of substantial progress. The governor's speech at the
+opening of the session of 1852 was largely devoted to railways, and it
+expressed the opinion that a railroad connecting Canada and Nova Scotia,
+and a connection with a line from St. John to the United States, would
+produce an abundant return to the province, and that by this means
+millions of tons of timber, then standing worthless in the forest, would
+find a profitable market. It was during this session that Messrs. Peto,
+Brassy and Betts proposed to construct the European and North American
+Railway, on certain conditions. The subsidies offered by the province at
+this time were twenty thousand pounds a year for twenty years, and a
+million acres of land for the European and North American Railway, as
+the line to the United States was termed; and for the Quebec line,
+twenty-two thousand pounds sterling for twenty years, and two million
+acres of land. A new company, which included Mr. Jackson, M. P., offered
+to build the New Brunswick section of both railroads, upon the province
+granting them a subsidy of twenty thousand pounds a year for twenty
+years, and four million acres of land. Attorney-General Street
+introduced a series of railway resolutions favouring the building of the
+Intercolonial Railway jointly by the three provinces, according to terms
+which had been agreed upon by the delegates of each. The arrangement was
+that the Intercolonial Railway should be built through the valley of the
+St. John, and for favouring resolutions in the House confirming this
+arrangement, Mr. Street's Northumberland constituents called upon him to
+resign his seat, a step which he refused to take.
+
+{INTERCOLONIAL RAILWAY}
+
+The government railway resolutions were carried by a large majority.
+During the recess Mr. Chandler, as a representative of New Brunswick,
+and Mr. Hincks, a representative of Canada, went to London to endeavour
+to obtain from the British government a sum sufficient to build the
+Intercolonial Railway. The request of the delegates was refused on the
+ground that such a work had to be one of military necessity, and that
+the route which had been selected, by the valley of the St. John, was
+not a proper one for military purposes. As Mr. Chandler could not obtain
+what he wished from the British government, he applied to Messrs. Peto,
+Brassy and Betts, who said they were prepared to build all the railroads
+that New Brunswick might require, upon the most advantageous terms. Mr.
+Jackson visited the province in September of the same year, and it was
+agreed that his company should build a railway from St. John to Amherst,
+and from St. John to the United States frontier, the distance being then
+estimated at two hundred and fourteen miles, for the sum of sixty-five
+hundred pounds sterling per mile. The province was to take stock to the
+extent of twelve hundred pounds per mile, and to lend its bonds to the
+company for one thousand eight hundred pounds additional per mile. The
+completion of this arrangement caused great rejoicing in the province,
+especially in St. John, a special session of the legislature being
+called on October 21st for the express purpose of amending the Railway
+Act so that it might conform to the new conditions. As both branches of
+the legislature were strongly in favour of the railway policy of the
+government, the necessary bills were speedily passed and the legislature
+was prorogued after a session of eight days.
+
+The meeting of the legislature in 1853 derived its principal importance
+from the fact that much of its time was taken up with the discussion of
+the question of a reciprocity treaty with the United States of America.
+The discussion disclosed a strong disinclination on the part of many
+members to any arrangement by which the fisheries would be surrendered.
+An address to the queen was agreed to by both branches of the
+legislature in which it was stated that the exclusive use of the
+fisheries by the inhabitants of British North America would be much more
+advantageous and satisfactory than anything which the United States
+could offer as an equivalent. It was also stated that no reciprocity
+treaty with that country would be satisfactory to New Brunswick which
+did not embrace the free exchange of raw materials and natural products
+and the admission of colonial built vessels to registry in American
+ports. The tone of the discussions on this subject, both in 1853 and
+1854, shows that reciprocity with the United States was not generally
+regarded as being an equivalent for the giving of the fisheries to our
+neighbours, and it is quite clear that, so far as New Brunswick was
+concerned, the reciprocity treaty would not have been agreed to had it
+not been that the matter was in the hands of the British government, and
+that the legislature of the province was not disposed to resist
+strenuously any arrangement which that government thought it wise to
+make.
+
+
+
+
+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 régime 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.
+
+
+
+
+CHAPTER IV
+
+REFORM AND PROGRESS
+
+
+The result of the election was the defeat of the government. Mr. Tilley
+lost his seat for St. John city, and the Hon. James Brown, the
+surveyor-general, was rejected by the county of Charlotte, so that two
+of the principal members of the executive were not in their places when
+the House was called together in July. The city of St. John, and the
+city and county of St. John, sent a solid phalanx of six members opposed
+to prohibition, and an Act repealing the prohibitory liquor law was
+passed by a vote of thirty-eight to two. The new government which was
+formed had for its principal members, the Hon. John H. Gray, who became
+attorney-general; the Hon. John C. Allen, solicitor-general; the Hon. R.
+D. Wilmot, provincial secretary; the Hon. John Montgomery,
+surveyor-general, and the Hon. Francis McPhelim, postmaster-general. The
+other members of the executive council were the Hon. Edward B. Chandler,
+the Hon. Robert L. Hazen and the Hon. Charles McPherson.
+
+When the House met in July, the Hon. Charles Simonds, of St. John, was
+elected speaker, and it was soon discovered, after the liquor bill had
+been disposed of, that the majority supporting the government was so
+small as to make it impossible for them to accomplish any useful
+legislation. When the legislature again met, in the early part of 1857,
+it was seen that in a House of forty-one members twenty were arrayed
+against the government, and the only way in which government business
+could be done was by the casting vote of the speaker. This condition of
+affairs speedily became intolerable, because it practically made
+legislation impossible, but it was brought to an end by Mr. McMonagle,
+one of the members for the county of Kings, withdrawing his support from
+the government. Two courses only were now open to them, to tender their
+resignations or advise the dissolution of the legislature, and they
+chose the latter. The House of Assembly was dissolved by proclamation on
+April 1st, 1857, and the writs for the election were made returnable on
+May 16th.
+
+{THE FISHER GOVERNMENT}
+
+The excitement attending this second election was, if possible, even
+greater than during the election of 1856, for the public mind had been
+wrought up to a high state of tension by the proceedings in the House
+and the numerous divisions in which the government was supported only by
+the casting vote of the speaker. The result of the election was so
+unfavourable to the Gray-Wilmot government that they at once tendered
+their resignations to the lieutenant-governor, agreeing to hold office
+only until their successors were appointed. The most bitter contest of
+the election centred in the city of St. John, and it resulted in the
+election of Mr. Tilley, with Mr. James A. Harding for his colleague, the
+latter having changed his views in regard to the question at issue since
+the previous election, when he was chosen as an opponent of the
+government of which Tilley had been a member. When the Gray-Wilmot
+government resigned, the lieutenant-governor sent for Mr. Fisher, and
+entrusted to him the business of forming a new government. The
+government thus formed comprised the Hons. James Brown, S. L. Tilley,
+William Henry Steeves, John M. Johnson, Albert J. Smith, David Wark and
+Charles Watters. The Hon. Charles Fisher became attorney-general, and,
+resigning his seat, was reëlected for the county of York prior to the
+meeting of the legislature on June 24th, 1857. The session lasted only
+until July 1st, being merely held for the purpose of disposing of the
+necessary business. James A. Harding was elected speaker of the House,
+and the legislation was confined to the passage of the supply bills, and
+matters that were urgent. Tilley took no part in the legislation of this
+session, for his seat immediately became vacant by his appointment as
+provincial secretary. The other departments were filled by the
+appointment of Mr. Brown to the office of surveyor-general; of Mr.
+Charles Watters, to the office of solicitor-general, and of John M.
+Johnson as postmaster-general.
+
+The legislature met again on February 10th, 1858, and the speech from
+the throne dealt mainly with the financial crisis, the Intercolonial
+Railway, and the progress that was being made in the construction of the
+line between St. John and Shediac as a part of what was termed the
+European and North American Railway. The speech also referred to the
+fact that the surplus civil list fund had been, by arrangement with the
+British government made the previous year, placed at the disposal of the
+House of Assembly. It was soon seen that the government was strong in
+the House, the first test vote being that taken on the passage of the
+address in reply to the speech from the throne. This came in the form of
+an amendment, regretting that the arrangement in regard to the surplus
+civil list fund had been acceded to without the consent of the House.
+This amendment to the address received the support of only six members.
+A return brought down at an early period in the session showed that the
+revenue of the province for the fiscal year, ending October 31st, 1857,
+amounted to $668,252 an increase of $86,528 over the previous year. Of
+this sum upwards of $540,000 came from import duties and what were
+termed railway impost, which was simply duties levied on imports for the
+purpose of defraying the cost of the railways then building. The casual
+and territorial revenue yielded only eighteen thousand pounds but the
+export duties reached almost twenty thousand pounds.
+
+{INTERCOLONIAL RAILWAY}
+
+The Intercolonial Railway still continued to engage the attention of the
+legislature, and correspondence with the secretary of state, with the
+government of Canada, and with the government of Nova Scotia, in regard
+to this great work, was laid before the House soon after the session
+opened. The government of New Brunswick consulted with the governments
+of Canada and Nova Scotia as to what assistance should be given by the
+imperial government towards the construction of the Intercolonial
+Railway from Halifax to Quebec, in the form of a guarantee of interest.
+The British government professed to feel a strong sense of the
+importance of the object, but thought they would not be justified in
+applying to parliament for the required guarantee, because the heavy
+expenditures to which Great Britain had been subjected did not leave
+them at liberty to pledge its revenue for the purpose of assisting in
+the construction of public works of this description, however desirable
+in themselves. The correspondence on the subject of the Intercolonial
+Railway extended over a period of more than twenty years and grew to
+enormous proportions, but it is safe to assert that this line of railway
+would not have been constructed in the nineteenth century but for the
+fact that it was undertaken by the Canadian Dominion as a work which had
+to be built for the purpose of carrying out the terms of confederation
+as set out in the British North America Act (section 145).
+
+The railway to Shediac was finally completed and opened for traffic on
+August 5th, 1860, its length being one hundred and eight miles. The
+nineteen miles between Pointe du Chêne and Moncton had been open as
+early as August, 1857, and the nine miles from St. John to Rothesay, on
+June 1st, 1858. The railway was opened from St. John to Hampton in June,
+1859, and to Sussex in November of the same year. Although the people of
+the province had abated something of their enthusiasm for railways by
+the time the St. John and Shediac line was finished, still its opening
+was a great event, because it was the commencement of a new era in
+transportation and gave St. John access to the north shore, from which
+it had previously been practically shut out. Goods could now be sent by
+means of railway and steamer to Prince Edward Island, and to the New
+Brunswick ports on the Gulf of St. Lawrence, and a community of interest
+which did not exist before was thus created between the most remote
+sections of the province.
+
+The traffic receipts of the complete line were thought to be highly
+satisfactory; the business for the first three months amounted to about
+$45,000, and yielded a revenue of $18,000. This was a good showing and
+gave promise of still better things for the future. It may be
+interesting to state that in the last year that the railway was operated
+by the government of the province, the gross receipts amounted to
+$148,330, and the net receipts to $51,760. The gross and net revenue of
+the road had shown a steady increase from the first, and although it had
+been a costly public work the people of the province considered it a
+good investment. It was only after it had passed into the hands of the
+government of Canada, and become a part of the Intercolonial Railway,
+that any colour was given to the accusation that it was an unprofitable
+line. The railway from St. John to Shediac had always paid well, and
+probably, if dissociated from its connecting lines, would at this day
+pay three or four per cent, upon its original cost.
+
+{THE BALLOT}
+
+The legislation of the province between 1858 and 1861, although it
+included many useful measures, evolved nothing that calls for particular
+mention, with the exception of the law which provided for voting by
+ballot. This was an innovation to which many were opposed, but which the
+Liberal party very properly considered necessary to the protection of
+the voter, who was liable to be coerced by his employer, or by those who
+had financial relations with him. The ballot system introduced by the
+government was quite imperfect and did not insure absolute secrecy,
+because it did not provide for an official ballot such as is required in
+the system of election which now prevails in connection with the choice
+of members to our Canadian parliament. Yet it was a vast improvement on
+open voting, not only because it gave the voter a certain degree of
+protection, but also from the fact that it tended to promote order at
+elections, and to do away with that riotous spirit which was
+characteristic of the earlier contests in the province.
+
+{UNIVERSITY OF NEW BRUNSWICK}
+
+In 1859 an important step was taken for the reorganization of King's
+College, which by an Act passed in that year, was changed into the
+University of New Brunswick. There had always been a great deal of
+dissatisfaction with the college in consequence of its denominational
+character, and in 1854 an Act was passed empowering the
+lieutenant-governor to appoint a commission to inquire into the state of
+King's College, its management and utility, with a view to improving it.
+The commissioners appointed were the Hon. John H. Gray, the Rev. Egerton
+Ryerson, J. W. Dawson, the Hon. John S. Saunders and the Hon. James
+Brown. The report, which was dated December 28th, 1854, was laid before
+both branches of the legislature in 1855. In 1857 the college council
+appointed a committee and prepared a draft of a bill which was laid
+before the legislature. This, with a few slight alterations, was the
+bill which was passed in 1859 for the establishment of the University of
+New Brunswick, and in this bill were embodied the principal
+recommendations of the commissioners appointed in 1854 to enquire into
+the state of the college. This Act transferred to the University of New
+Brunswick all the property of King's College and its endowment, and made
+the university liable for the payment of the debts and the performance
+of the contracts of King's College. It created a new governing body for
+the college to be styled the senate, to be appointed by the governor in
+council, and the president of the college was required to be a member of
+that body and also to be a layman. It conferred upon the senate the
+power of appointing the professors and other officers of the university,
+except the president, and also the power of removing them from office,
+subject to the approval of the governor in council. It also authorized
+the senate to fix their salaries. It abolished the professorship of
+theology and provided for the affiliation of other institutions with the
+university, and also for a number of free scholars. This Act, which was
+passed in April, 1859, was especially approved by Her Majesty in council
+on January 25th, 1860. Thus a new era in the higher education of New
+Brunswick was commenced, and a long step was taken towards making the
+college more acceptable to the people of that province. Great hopes were
+entertained at the time that this liberalizing of the constitution of
+the college would lead to a large increase in the number of its
+students, and a more general interest in its work, but, unfortunately,
+as the sequel showed, these hopes were only partially realized.
+
+During the spring of 1860 circumstances occurred which led to the
+resignation of the postmaster-general, the Hon. Charles Connell. The
+legislature having adopted the decimal system of currency in the place
+of the pounds, shillings and pence which had been the currency of the
+province since its foundation, Mr. Connell, in March, 1860, was
+authorized to obtain a new set of postage stamps of the denominations
+required for use in the postal service of the province. No person, at
+that time, thought that a political crisis would arise out of this
+order, but it appears that Mr. Connell, guided by the example of
+presidents and postmasters-general of the United States, had made up his
+mind that instead of the likeness of the queen, which had been upon all
+the old postage stamps of the province, the five-cent stamp, the one
+which would be most in use, should bear the impress of his own
+countenance. Accordingly the Connell postage stamp, which is now one of
+the rarest and most costly of all in the lists of collectors, was
+procured and was ready to be used, when Mr. Connell's colleagues in the
+government discovered what was going on and took steps to prevent the
+new five-cent stamp from being issued. The correspondence on the
+subject, which will be found in the journals of 1861, is curious and
+interesting; it ended in the withdrawal of the objectionable stamps and
+in the resignation of Mr. Connell, who complained that he had lost the
+confidence of his colleagues, and in resigning, charged them with
+neglecting the affairs of the province. Only a few of the Connell stamps
+got into circulation, the remainder of the issue being destroyed. Mr.
+Connell's place as postmaster-general was filled by the appointment of
+James Steadman.
+
+{RESIGNATION OF MR. FISHER}
+
+In the early part of 1861 a very important event occurred in connection
+with the government which produced a lasting effect on provincial
+politics. Charges were made by a St. John Conservative paper, _The
+Colonial Empire_, in which it was stated that members of the government
+and certain Crown lands officials had been purchasing the most desirable
+and valuable Crown lands of the province for speculative purposes, and
+that in bringing these lands to sale the government regulations had been
+violated and the public treasury had suffered. A committee of the House
+was appointed to investigate these charges, and inquiry established the
+fact that an official of the Crown lands department had purchased some
+eight hundred acres. These lands were all bought at public sale, but in
+the forms of application other names were used, which was a violation of
+the rules of the department. A portion of the press at the time created
+a widespread excitement upon this subject, and the services of the
+official referred to were dispensed with. Some of the supporters of the
+government also took such ground in reference to the attorney-general,
+Mr. Fisher, that his retirement from the government became necessary,
+the accusation against him being that he had negligently permitted some
+improper sales of Crown lands to be made. It was felt at the time by
+some that the penalty that was paid by the attorney-general was
+excessive for the offence; but, under the excitement then existing, it
+was the only course that could be taken to avoid the defeat of the
+government. At the general election that followed a few months later,
+Mr. Fisher was reëlected for the county of York, and later on, after the
+excitement had passed over, the delinquent Crown lands official was
+reinstated. At the same election, that took place in 1861, the
+government was handsomely sustained, after one of the warmest contests
+that had ever taken place in New Brunswick. Probably the most effective
+nomination speech ever made by Tilley, during his long political career,
+was the one then delivered at the court-house, St. John, in his own
+defence, and in the vindication of his government against the charges
+made by the Opposition candidates and press.
+
+
+
+
+CHAPTER V
+
+THE INTERCOLONIAL RAILWAY
+
+
+The imperfect means of communication between the Maritime Provinces and
+Canada had long been recognized as a great evil, and very soon after the
+introduction of railways into England a line of railway was projected to
+run from St. Andrews, in New Brunswick, to Quebec. The transfer of a
+considerable tract of territory, which had been believed to be in New
+Brunswick, to the state of Maine, under the terms of the Ashburton
+Treaty, gave a check to this enterprise, and financial difficulties
+afterwards prevented its accomplishment. A more promising scheme was
+that of a railway from Halifax to Quebec, and this so far received the
+approval of the British government that an officer of engineers, Major
+Robinson, was, in 1847, detailed to conduct a survey of the proposed
+line. As this gentleman was influenced by purely military
+considerations, his line was carried as far from the United States
+boundary as possible, and consequently by a very long and circuitous
+route. During the session of 1852, Attorney-General Street introduced a
+series of resolutions in the New Brunswick legislature favouring the
+building of the Intercolonial Railway jointly by Canada, New Brunswick
+and Nova Scotia, according to terms which had been agreed upon by the
+delegates of each. This arrangement was that the Intercolonial Railway
+should be built through the valley of the St. John. These resolutions
+were carried by a large majority. During the recess, Mr. Chandler, as
+the representative of New Brunswick, and Mr. Hincks, the representative
+of Canada, went to London to endeavour to obtain from the British
+government financial aid to build the Intercolonial Railway. This was
+refused on the ground that such a work had to be one of military
+necessity. Further efforts were made in 1855, and again in 1858, to
+influence the British government in favour of this railway, but without
+result; the answer of Downing Street being that the heavy expenditure
+involved in the Crimean War prevented the government from assisting in
+the construction of public works, such as the Intercolonial Railway,
+however desirable in themselves.
+
+{DELEGATION TO ENGLAND}
+
+The effort to secure the construction of the Intercolonial Railway was
+renewed in 1861. At a meeting of delegates representing Canada, Nova
+Scotia and New Brunswick, which was held at Quebec on September 30th, it
+was resolved that the three governments should renew the offers made to
+the imperial government in 1858 with reference to the Intercolonial
+Railway, and that the route to be adopted be decided by the imperial
+government. The Hon. Mr. Tilley, who was at this Quebec meeting, was
+sent to England as a delegate to confer with the imperial government
+with regard to the railway, while Nova Scotia was represented by the
+Hon. Joseph Howe, and Canada, by the Hon. P. M. Vankoughnet. The
+delegates reached England in November and placed themselves in
+communication with the Duke of Newcastle, who was then colonial
+secretary, and they also had interviews with the prime minister, Lord
+Palmerston, the chancellor of the exchequer, the secretary of war, and
+the president of the board of trade. While in England, the seizure of
+the commissioners of the southern confederacy, Messrs. Mason and
+Slidell, by Commodore Wilkes, on board the British mail steamer _Trent_,
+produced a crisis in the relations between Great Britain and the United
+States which seemed likely to lead to a war, and greatly strengthened
+the position of the delegates, who were able to point out the difficulty
+involved in defending Canada without a railway to the sea. They
+presented their views to the colonial secretary in a very ably written
+state paper, which should have convinced those to whom it was addressed
+that the railway was an absolute necessity. The delegates estimated the
+cost of the railway at £3,000,000 sterling, and they asked the imperial
+government to join in a guarantee of four per cent. interest on this
+sum, each of the provinces to guarantee £20,000 a year for this purpose
+and the imperial government, £60,000. This proposal was rejected by the
+British government, but it offered "an imperial guarantee of interest
+towards enabling them to raise by public loan, at a moderate rate, the
+requisite funds for constructing the railway." The British government,
+therefore, would do nothing for this great work except to indorse the
+bonds of the provinces to a limited extent, for it was stated in the
+Duke of Newcastle's letter to the delegates that "the nature and extent
+of the guarantee must be determined by the particulars of any scheme
+which the provincial governments may be disposed to found on the present
+proposal and on the kind of security which they would offer."
+
+Delegates representing the three provinces met in Quebec in September,
+1862, to consider this offer, New Brunswick being represented by Messrs.
+Tilley, Steeves and Mitchell. The delegates from the Maritime Provinces
+declared their willingness to propose to their respective governments to
+accept the proposition of the Duke of Newcastle if Canada would bear
+one-half of the expense of the railway instead of one-third. The
+Canadian government offered to assume five-twelfths of the liability for
+the construction and working of the Intercolonial, and to this the
+delegates for New Brunswick and Nova Scotia had to agree. This imposed a
+very serious burthen on two provinces, which, between them, had only six
+hundred thousand inhabitants, and their willingness to assume it shows
+the interest they took in this great work.
+
+{NEGOTIATIONS IN ENGLAND}
+
+In pursuance of an arrangement made at this Quebec meeting, delegates
+from the three provinces went to England to arrange the terms of the
+guarantee with the British government; the Hon. Mr. Tilley represented
+New Brunswick, and the Hon. Joseph Howe, Nova Scotia. Mr. Gladstone, who
+was then chancellor of the exchequer, insisted on a sinking fund being
+provided, which was to be a first charge on the revenues of the several
+provinces. This sinking fund was objected to by the colonial delegates,
+but the only modification in its terms which they were able to obtain
+was that the sinking fund was not to take precedence of any existing
+liability. Before leaving England, Messrs. Tilley and Howe prepared and
+submitted a memorandum to the Duke of Newcastle in which they expressed
+a hope that Mr. Gladstone might be induced to reconsider the matter of
+the sinking fund, and that it would not be insisted on. The Canadian
+delegates left England without an acceptance of the terms proposed by
+Mr. Gladstone, and without a formal rejection of them. Previous to the
+meeting of the Canadian parliament, Tilley proceeded to Quebec to urge
+upon the Canadian government the preparation of the necessary bills to
+carry out the agreement entered into for the construction of this great
+railway. He reported to the lieutenant-governor on his return that the
+government of Canada, for reasons stated, could not then undertake to
+pass the legislation required, which they greatly regretted, but that
+they had not abandoned the arrangements for the construction of the
+railway. The Canadian government's declaration in the course of the
+session that they had abandoned this important enterprise was,
+accordingly, a source of great surprise and regret. The governments of
+New Brunswick and Nova Scotia passed the necessary legislation at the
+next session, but the government of Canada took no further step in the
+matter until the confederation negotiations were commenced in 1864.
+
+
+
+
+CHAPTER VI
+
+THE MOVEMENT FOR MARITIME UNION
+
+
+We now come down to an event of the greatest interest, in which Mr.
+Tilley took part, and one of such vast and far-reaching importance that
+it quite overshadows all the other events of his career. The
+confederation of the Canadian provinces was, beyond all question, the
+most notable colonial movement within the British empire since the
+American Declaration of Independence. It changed at once the whole
+character of the colonial relations which had subsisted with the mother
+country, and substituted for a few weak and scattered colonies a
+powerful Dominion, able to speak with a united voice, and stand as a
+helpmeet to the nation from which most of its people had sprung. No man,
+whatever his views as to the wisdom of that political union may have
+been at the time, can now deny that it was timely and necessary, if the
+colonies and the mother country were to preserve their connection with
+each other. It is safe to say that, if confederation had not taken place
+in 1867, British interests on this continent would have suffered, and
+possibly some of the colonies would now have been a part of the United
+States. The policy of separating the colonies from England, which has
+been so much advocated by many leading public men in the great republic,
+would have found free scope, and by balancing the interests of one
+colony against those of another, promoting dissensions and favouring
+those provinces which were disposed to a closer union with the United
+States, something might have been done to weaken their connection with
+the British empire, which is now the glory and the strength of the
+Dominion of Canada.
+
+The question of the union of the several colonies of British North
+America was by no means a new one when it came up for final settlement.
+It had been discussed at a very early period in the history of the
+provinces, and indeed it was a question which it was quite natural to
+discuss, for it seemed but reasonable that colonies of the same origin,
+owing the same allegiance, inhabited by people who differed but little
+from each other in any respect, and with many commercial interests in
+common, should form a political union. No doubt it might have been
+brought earlier to the front as a vital political question but for the
+fact that the British government, which was most interested in promoting
+the union of the colonies, took no step towards that end until almost
+compelled by necessity to move in the matter. The colonial policy of
+England, as represented by the colonial office and in the royal
+instructions to colonial governors, has seldom been wise or far-seeing,
+and the British colonies which now girdle the world, have been built up
+mainly as the result of private enterprise; for the part taken by the
+government has, in most cases, been merely to give official sanction to
+what private individuals have already done, and to assist in protecting
+British interests when they have become important, especially in new
+regions of the world.
+
+{CONFEDERATION FORESHADOWED}
+
+When the Earl of Durham was sent out as governor-general of Canada after
+the rebellion there in 1838, he suggested in his report that the union
+of the colonies of British North America was one of the remedies which
+ought to be resorted to for the pacification of Canada and the
+reconstruction of its constitution. While a large proportion of the
+people of the colonies looked with favour upon the idea of a political
+union, there was in all of them a large body of objectors who were
+steadily opposed to it. People of that kind are to be found in all
+countries, and they have existed in all ages of the world's history.
+They are the persons who see in every new movement a thousand
+difficulties which cannot be surmounted. Their minds are constructed on
+the principle of rejecting all new ideas, and clinging to old forms and
+systems long after they have lost their vitality. They are a class who
+look back for precedents for any step of a political character which it
+is proposed to take, and who judge of everything by the standard of some
+former age. They seem to forget that precedents must be created some
+time or another, and that the present century has as good a right to
+create precedents as any of its predecessors. To these people every
+objection that could be urged against confederation was exaggerated and
+magnified, and whenever any proposal was made which seemed to tend
+towards the union of the colonies, their voices were heard upon the
+other side. We need not doubt the honesty or loyalty of these objectors,
+or consider that they were unfavourable either to British connection or
+to the building up of the empire. It was merely their misfortune that
+they were constitutionally adverse to change, and could not see any
+merit in a political movement which involved the idea of novelty.
+
+For some time the principal advocate of confederation in the Maritime
+Provinces was the Hon. Joseph Howe, a man of such ability and force of
+character that on a wider stage he might have risen to eminence, and
+ranked amongst the world's great statesmen.[10] It is impossible indeed
+not to regret that so great a man, one so imperial in his instincts and
+views, should have been condemned to spend his life within the bounds of
+one small province.
+
+{ATTITUDE OF COLONIAL OFFICE}
+
+The question of the political union of the British North American
+provinces was brought up in the House of Assembly of Nova Scotia in
+1854, and then the leaders of both parties, the Hon. Mr. Johnson for the
+Conservatives, and the Hon. Mr. Howe for the Liberals, united in
+advocating the measure, and in depicting the advantage which would
+accrue from it not only to Nova Scotia, but to every British province in
+North America. In 1858 the question of confederation was discussed in
+the parliament of Canada, and such a union was made a part of the policy
+of the government; for Mr. A. T. Galt, on becoming a member of the
+administration, insisted upon its being made a cabinet question, and Sir
+Edmund Head, the governor-general, in his speech at the close of the
+session, intimated that his government would take action in the matter
+during the recess. Messrs. Cartier, Galt, and Ross, who were in England
+representing the government of Canada, waited upon the colonial
+secretary, Sir Edward Bulwer Lytton, asking the authority of the
+imperial government for a meeting of representatives from each of the
+colonies to take the question of union into consideration. The colonial
+secretary informed the Canadian delegates, no doubt after consultation
+with his colleagues, that the question of confederation was necessarily
+one of an imperial character, and declined to authorize the meeting,
+because no expression of sentiment on the subject had as yet been
+received from any of the Maritime Provinces except Nova Scotia. The Earl
+of Derby's government fell a few months after this declaration of its
+policy in regard to the colonies, and was succeeded by the government of
+Lord Palmerston, which was in office at the time when the negotiations
+which resulted in the confederation of the colonies were commenced. At
+first Lord Palmerston's government seems to have been no more favourable
+to the union of the colonies than its predecessor; for in 1862 the Duke
+of Newcastle, then colonial secretary, in a despatch to the
+governor-general of Canada, after stating that Her Majesty's government
+was not prepared to announce any definite policy on the question of
+confederation, added that, "If a union, either partial or complete,
+should hereafter be proposed, with the concurrence of all the provinces
+to be united, I am sure that the matter would be weighed in this country
+both by the public, by parliament and by Her Majesty's government, with
+no other feeling than an anxiety to discern and promote any course which
+might be the most conducive to the prosperity, strength and harmony of
+all the British communities of North America." It must always be a
+subject of astonishment that the British government for so many years
+should have had no definite policy on a matter so momentous, and that
+they should have sought to discourage, rather than otherwise, a project
+which has been of such vast importance to the empire.
+
+The first impulse in favour of confederation in the minds of the members
+of Lord Palmerston's cabinet seems to have developed about the time when
+it became evident that the result of the civil war in the United States
+would be the defeat of the southern confederacy and the consolidation
+of the power of the great republic in a more effectual union than that
+which had existed before. No one who was not blind could fail to see
+that this change of attitude on the part of the United States would
+demand a corresponding change in the relations of the British colonies
+towards each other; for from being a mere federation of states, so
+loosely connected that secession was frequently threatened by states
+both north and south, the United States, as the result of the war, had
+become a nation with a strong central government, which had taken to
+itself powers never contemplated by the constitution, and which added
+immensely to its offensive and defensive strength.
+
+{A MISSIONARY OF UNION}
+
+In 1863, Thomas D'Arcy McGee, a member of the Canadian cabinet and a man
+of great eloquence and ability, visited St. John and delivered a lecture
+in the Mechanics' Institute Hall on the subject of the union of the
+colonies. His lecture was fully reported in the _Morning News_, a paper
+then published in that city, and attracted wide attention because it
+opened up a subject of the highest interest for the contemplation of the
+people of the provinces. Shortly afterwards a series of articles on the
+same subject, written by the author of this book, appeared in the
+columns of the _Morning News_, and were widely read and quoted. These
+articles followed closely the lines laid down for the union of the
+colonies by the late Peter S. Hamilton, of Halifax, a writer of ability
+whose articles on the subject were collected in pamphlet form and
+extensively circulated. Thus in various ways the public mind was being
+educated on the question of confederation, and the opinion that the
+union of the British North American colonies was desirable was generally
+accepted by all persons who gave any attention to the subject. It was
+only when the matter came up in a practical form and as a distinct
+proposition to be carried into effect, that the violent opposition which
+was afterwards developed against confederation began to be shown.
+
+An event occurred in the summer of 1864 which had its effect on the
+question of confederation. Up to that time the people of Canada and New
+Brunswick had been almost wholly unknown to each other, because the
+difficulties of travelling between the two provinces were so great. Any
+person who desired to reach Montreal at that time from St. John had to
+take the international steamer to Portland, Me., and was then carried by
+the Grand Trunk Railway to his destination. Quebec could be reached in
+summer by the steamer from Pictou which called at Shediac, but in winter
+the journey had to be made by the Grand Trunk Railway from Portland, the
+only alternative route being the road by which the mails were carried
+from Edmunston north to the St. Lawrence. Under these circumstances the
+people of the Canadian provinces and of the Maritime Provinces had but
+few opportunities of seeing each other, and the people of all the
+provinces knew much more of their neighbours in the United States than
+they did of their fellow-colonists. One result of the Hon. D'Arcy
+McGee's visit in 1863 was an invitation by the city of St. John to the
+legislature of Canada to visit the Maritime Provinces. The invitation
+was accepted and a party of about one hundred, comprising members of the
+legislature, newspaper men, and others, visited St. John in the
+beginning of August, 1864. Their trip was extended to Fredericton, where
+they were the guests of the government of New Brunswick, and to Halifax,
+where they were the guests of that city and of the government of Nova
+Scotia. This visit produced a good effect upon the public mind, and
+enabled the Maritime people to see what kind of men their
+fellow-colonists of Upper and Lower Canada were.
+
+{POLITICAL CRISIS IN CANADA}
+
+In the meantime a great crisis had arisen in the government of Canada,
+which was the immediate cause of the active part which that province
+took in the confederation movement. When Upper and Lower Canada were
+united in 1841, it was arranged that the representation of each province
+in the legislature should be equal. The arrangement at that time was
+favourable to Upper Canada, which had a smaller population than Lower
+Canada; but in the course of time, as the population of Upper Canada
+increased faster than that of the lower province, the people of Upper
+Canada felt that they had less representation than they were entitled
+to, and this state of affairs led to the raising of the cry of
+"Representation by Population" which was so often heard in that province
+prior to the era of confederation. In 1864 Upper Canada had half a
+million more people than Lower Canada, and yet was only entitled to the
+same number of members in the legislature. Another serious difficulty,
+which arose out of the union, was the necessity, which not long
+afterwards began to be recognized, of the government having a majority
+in the legislature from each section of the province. This, in time,
+grew to be so great an evil that the successful government of Canada
+became almost impossible, for the majority for the government in one
+province might at any time be disturbed by some local feeling, and as a
+consequence the government overthrown. To trace the history of the
+difficulties which arose from this cause would be to recite twenty years
+of the history of Canada; but it is only necessary to point out thus
+plainly the reasons for the willingness of the people of Upper and Lower
+Canada to resort to confederation as a means of getting rid of their
+embarrassments.
+
+{MACDONALD-BROWN COALITION}
+
+In 1863, the Hon. John Sandfield Macdonald was leader of the government,
+but he was compelled to resign when parliament met in the early part of
+1864, and in March of that year a new administration under the
+premiership of Sir E. P. Taché was formed. This new government
+developed very little strength, and was defeated on June 14th by a vote
+of fifty-eight to sixty, on a question relative to some transaction
+connected with bonds of the city of Montreal. A deadlock had come, and
+as it was evident that no new government which could be formed was
+likely to command sufficient support, it became necessary to make some
+new arrangements in regard to the system of administration. Immediately
+after the defeat of the government, Mr. George Brown, leader of the
+Opposition, spoke to several supporters of the administration strongly
+urging that the present time should be availed of for the purpose of
+settling forever the constitutional difficulties between Upper and Lower
+Canada, and assuring them that he was prepared to coöperate with the
+existing or any other administration that would deal with the question
+promptly and firmly, with a view to its final settlement. After much
+negotiation Messrs. Brown, Mowat and McDougall, three prominent members
+of the Reform party, agreed to enter the government for the purpose of
+carrying out this policy based on a federal union of all the provinces.
+
+{SCHEME OF MARITIME UNION}
+
+Prior to this time there had been various efforts made by the government
+of New Brunswick to enter into closer relations with Nova Scotia and
+Prince Edward Island. Previous to the year 1861 a number of factories of
+various kinds had been established in the Maritime Provinces, but the
+limited market they then enjoyed prevented their extension and crippled
+their operations. To remedy this, Mr. Tilley, with the approval of his
+colleagues in the government, visited Nova Scotia and Prince Edward
+Island and proposed to the governments of both provinces free admission
+of their natural products and a uniform tariff on dutiable goods. In
+Halifax he had a lengthy and satisfactory conference with Mr. Howe, then
+leader of the government, and with Dr. Tupper, the leader of the
+Opposition. Both gentlemen agreed that the proposed arrangements would
+be in the interests of the three provinces, and Mr. Howe agreed to
+submit the matter to his government with the view of legislative action
+at the next session. Mr. Tilley then proceeded to Charlottetown, Prince
+Edward Island. At the conference held with the government there, his
+proposal was not so favourably entertained, the objection being that the
+existing tariff of Prince Edward Island was lower than the tariff of
+either Nova Scotia or New Brunswick, and sufficient for the financial
+wants of the Island, and that the necessary advance would be imposing
+taxation beyond their requirements. Notwithstanding the failure to
+secure the coöperation of the Island government, it was decided that the
+joint action of the Nova Scotia and New Brunswick legislatures in the
+direction named was desirable. When the Nova Scotia legislature met and
+the public accounts were proposed, it was found that a reduction of
+tariff was not practicable, and Howe informed Tilley that the scheme
+would have to be postponed, "though in other respects desirable." But
+the subject was not allowed to sleep, and in 1864 there was a renewal of
+the movement for a union of the Maritime Provinces. At the session of
+the New Brunswick legislature held that year, resolutions were passed
+authorizing the government to enter into negotiations with Nova Scotia
+and Prince Edward Island to hold a convention for the purpose of
+carrying such a union into effect. Similar resolutions were carried in
+the legislatures of Nova Scotia and Prince Edward Island, and the
+convention thus authorized was appointed to meet at Charlottetown in the
+month of September following.
+
+
+FOOTNOTES:
+
+[10] For a full account of Howe's views on confederation see the Hon. J.
+W. Longley's _Joseph Howe_ in this series.
+
+
+
+
+CHAPTER VII
+
+THE QUEBEC CONFERENCE
+
+
+The delegates appointed by the government of New Brunswick for the
+purpose of representing the provinces at Charlottetown in the convention
+for a union of the Maritime Provinces, were the Hon. Messrs. Tilley,
+Steeves, Johnson, Chandler and Gray. The first three were members of the
+government, while Messrs. Gray and Chandler were leading members of the
+Opposition, so that the arrangement had the assent of the leaders of
+both political parties and was in no sense a party movement. The Nova
+Scotia delegation consisted of the Hon. Charles Tupper, the leader of
+the government, the attorney-general, Mr. Henry, and Mr. Dickey, a
+Conservative supporter, and also the Hon. Adams G. Archibald and
+Jonathan McCully, leaders of the Liberal party. The Prince Edward Island
+delegates were also chosen from both sides of politics. The convention
+was opened in due form at Charlottetown on September 8th, in the chamber
+of the House of Assembly. The delegations had no power to decide finally
+on any subject, because any arrangements they made were necessarily
+subject to the approval of the legislatures of the three Maritime
+Provinces. But at this time the sentiment in favour of maritime union
+was so strong it was confidently believed that whatever was agreed upon
+at Charlottetown would become the basis of a future union.
+
+{CHARLOTTETOWN CONVENTION}
+
+The government of Canada had full knowledge of what was going on at
+Charlottetown, and they considered the time opportune for the purpose of
+bringing to the notice of the delegates from the Maritime Provinces the
+subject of a confederation of all the British North American colonies. A
+telegram was received while the delegates were in session announcing
+that representatives of the government of Canada had left Quebec for the
+purpose of meeting the delegates of the Maritime Provinces, and placing
+certain proposals before them. On the receipt of this message the
+further consideration of the question which they had met to discuss was
+deferred until after the Canadian delegates had arrived. They came in
+the government steamer _Victoria_ on the following day and were found to
+embrace the leading men then in Canadian political life,--the Hons. J.
+A. Macdonald, George Brown, Georges E. Cartier, Alexander T. Galt,
+Thomas D'Arcy McGee, Hector L. Langevin, William McDougall and Alexander
+Campbell. These delegates represented the Reform, as well as the
+Conservative party, and were therefore able to speak with authority in
+regard to the views of the people of both Upper and Lower Canada. They
+were accorded seats in the convention, and at once submitted reasons
+why in their opinion a scheme of union, embracing the whole of the
+British North American colonies, should be adopted. The Hon. John A.
+Macdonald and Messrs. Brown and Cartier were heard on this subject, the
+financial position of Canada was explained, and the sources of revenue
+and wealth of the several provinces were discussed. Speeches were also
+made by Messrs. Galt, McGee, Langevin and McDougall, and after having
+commanded the attention of the convention for two days the Canadian
+deputation withdrew. Before doing so they proposed that if the
+convention concluded to suspend its deliberations upon the question of
+Maritime union, they should adjourn to Quebec at an early day, to be
+named by the governor-general, to consider the question of
+confederation. On the following day the convention adjourned, on the
+ground that it would be more for the general interest of British North
+America to adopt the larger union than a union of the Maritime Provinces
+merely, and it was thought that this might be effected without any very
+great difficulty, for there was then no strong feeling evinced in any
+quarter against confederation.
+
+From Charlottetown the members of the convention and the Canadian
+deputation went to Halifax, where they were received most cordially and
+entertained at a banquet. They then took their departure for St. John,
+where they were entertained at a public dinner at which many leading men
+of the city were present. The chair was occupied by the Hon. John H.
+Gray, one of the delegates, and the expressions in favour of the
+proposed confederation were strong and hearty. No one could have
+suspected at that time that the movement for confederation would meet
+with so much opposition in New Brunswick. All seemed plain sailing but,
+as the result showed, the battle for confederation had yet to be fought,
+and it was won only after a long and doubtful struggle.
+
+{THE QUEBEC CONFERENCE}
+
+According to arrangement, the delegations from the other provinces met
+in convention at Quebec on October 10th, all the colonies, including
+Newfoundland, were represented and the delegates were as follows:--
+
+Canada.--Hon. Sir Etienne P. Taché, premier; Hon. John A. Macdonald,
+attorney-general west; Hon. Georges E. Cartier, attorney-general east;
+Hon. George Brown, president of the executive council; Hon. Alexander T.
+Galt, finance minister; Hon. Alexander Campbell, commissioner of Crown
+lands; Hon. William McDougall, provincial secretary; Hon. Thomas D'Arcy
+McGee, minister of agriculture; Hon. Hector Langevin, solicitor-general
+east; Hon. J. Cockburn, solicitor-general west; Hon. Oliver Mowat,
+postmaster-general; Hon. J. C. Chapais, commissioner of public works.
+
+Nova Scotia.--Hon. Charles Tupper, provincial secretary; Hon. W. A.
+Henry, attorney-general, Hon. R. B. Dickey, Hon. Adams G. Archibald,
+Hon. Jonathan McCully.
+
+New Brunswick.--Hon. Samuel L. Tilley, provincial secretary; Hon. John
+M. Johnson, attorney-general; Hon. Edward B. Chandler, Hon. John
+Hamilton Gray, Hon. Peter Mitchell, Hon. Chas. Fisher, Hon. William H.
+Steeves.
+
+Newfoundland.--Hon. F. B. T. Carter, speaker of the House of Assembly;
+Hon. Ambrose Shea.
+
+Prince Edward Island.--Hon. John Hamilton Gray, premier; Hon. Edward
+Palmer, attorney-general; Hon. W. H. Pope, provincial secretary; Hon.
+George Coles, Hon. A. A. Macdonald, Hon. T. H. Haviland, Hon. Edward
+Whelan.
+
+Sir Etienne P. Taché, who was then premier of Canada, was unanimously
+chosen president of the conference, and Major Hewitt Bernard, of the
+staff of the attorney-general west, private and confidential secretary.
+It was arranged that the convention should hold its meetings with closed
+doors, and it was laid down as a principle of the discussion that, as
+the matters to come up for debate were all of a novel character, no man
+should be prejudiced or held liable to the charge of inconsistency
+because he had changed his views in regard to any particular matter in
+the course of the discussion. It was also agreed that the vote, in case
+of a division, should be by provinces and not by numbers, Canada having
+two votes, representing Canada East and Canada West, and each of the
+other provinces one. This arrangement made it quite certain that the
+interests of the Maritime Provinces were not likely to be prejudiced by
+the result of the vote, or the work of the convention. It was soon
+decided that a federal union was to be preferred to a legislative union,
+and on the second day of the meeting the outlines of the proposed
+confederation were submitted in a series of resolutions by the Hon. John
+A. Macdonald. The general model of the proposed confederation was that
+of the United States, but with this difference, that whereas in the
+United States all powers not expressly given by the constitution to the
+federal government are held to belong to the several states, in the
+Canadian constitution all powers not expressly reserved to the several
+provinces were held to belong to the federal parliament. Thus in the
+United States the residuum of power is in the several states, while in
+Canada it is in the federal union and in the parliament of the Dominion.
+No doubt the recent example of the civil war in the United States, which
+was the result of an extreme assertion of state rights, was largely
+responsible for this feature of the Canadian constitution. It is clear,
+however, that it is a feature that is to be commended, because its
+tendency is to cause Canadians to regard themselves rather as Canadians
+than as belonging to any particular province, while in the United States
+the feeling of statehood is still very strong. There are, of course,
+many other contrasts between the Canadian confederation and the federal
+union of the United States, arising from radical differences in the
+system of government. Nothing like responsible government, as understood
+in the British empire, exists in the United States, while this essential
+feature had to be preserved in the Canadian constitution, not only with
+reference to the Dominion parliament, but also in the legislatures of
+the several provinces.
+
+{DIFFICULT QUESTIONS}
+
+In all the proceedings at Quebec, Mr. Tilley, as the finance minister of
+New Brunswick, took a very prominent part. One great difficulty which
+arose was with respect to the amount of money to be given by the federal
+government to the several provinces for legislative purposes, in lieu of
+the revenue which they had been accustomed to obtain from customs duties
+and otherwise. The whole customs establishment was to be transferred to
+the central government, and as most of the provinces would have no other
+means of obtaining a revenue except by direct taxation, this feature of
+the matter became of very vital importance. The difficulty was increased
+by the fact that by the municipal system prevailing in Upper Canada the
+local needs of the municipalities, in the way of roads, bridges, schools
+and other matters, were provided for by local taxation, whereas in the
+Maritime Provinces the provincial government had been accustomed to bear
+these burdens. It was therefore an essential requisite to any scheme of
+union, to make it acceptable to the people of the Maritime Provinces,
+that sufficient money should be given to the provincial governments to
+enable them to continue these services as before. It was difficult to
+convince the representatives of Upper Canada of this, and it appears
+that the conference nearly broke up without arriving at any result,
+simply because of the apparently irreconcilable differences of opinion
+between the representatives of the Maritime Provinces and those of
+Canada in regard to this point. Finally these differences were overcome,
+and the conclusions of the conference were embodied in a series of
+seventy-two resolutions, which were agreed to, and which were to be
+authenticated by the signatures of the delegates, and transmitted to
+their respective governments, and also to the governor-general, for the
+secretary of state for the colonies. These resolutions formed the first
+basis of confederation and became what is known as the Quebec scheme.
+
+It was perhaps inevitable that during the discussion of the scheme of
+confederation by the Quebec convention, the proceedings should be
+secret, but this restriction should have been removed as soon as the
+convention adjourned. That this was not done was the principal reason
+for the very unfavourable reception which the Quebec scheme met with
+from the people of New Brunswick, when it was placed before them. It was
+agreed at the Quebec conference that the scheme should not be made
+public until after the delegates had reported to their respective
+governments for their approval, but it was impossible that a document,
+the terms of which were known to so many men, should be kept wholly
+concealed from the public, and so the details of the scheme leaked out
+and soon became a topic for public discussion. These discussions would
+have been conducted in a much more friendly spirit if the Quebec scheme
+had been given freely to the world, but as it was, prejudices and
+jealousies, in many cases, darkened the question, and made men, who were
+otherwise favourable to confederation, assume an attitude of hostility
+to the Quebec scheme.
+
+{SUBVENTIONS TO THE PROVINCES}
+
+One of the points which at once attracted the attention of the opponents
+of the scheme was the sum allowed to the several provinces for the
+purpose of conducting their local affairs. As the provinces had to
+surrender to the general government their right to levy customs and
+excise duties, it became necessary to make up in some way a sum
+sufficient to enable them to carry on those services which were still
+left to the provincial legislatures. It was arranged that this sum
+should be eighty cents a head of the population of the provinces as
+established by the census of 1861, which would give to New Brunswick
+something more than two hundred thousand dollars. This feature of the
+confederation scheme was eagerly seized upon as being a convenient club
+with which to strike it down. The cry was at once raised that the people
+of New Brunswick were asked to sell themselves to Canada for the sum of
+eighty cents a head, and this parrot-like cry was repeated with
+variations throughout the whole of the election campaign which followed
+in New Brunswick. It has often been found that a cry of this kind, which
+is absolutely meaningless, is more effective than the most weighty
+arguments, for the purpose of influencing men's minds, and this proved
+to be the case in New Brunswick, when the question of confederation was
+placed before the people. It was conveniently forgotten by those who
+attacked the scheme in this fashion that, if the people of New Brunswick
+were selling themselves to Canada for the sum of eighty cents a head,
+the people of Canada were likewise selling themselves to New Brunswick
+for the same sum, because the amount set apart for the provincial
+legislatures was precisely the same in each case. It would not, however,
+have suited the enemies of the confederation scheme to view the matter
+in this light; what was wanted was a cry which would be effective for
+the purpose of injuring the scheme and making it distasteful to the
+people who were asked to vote upon it.
+
+{OPPONENTS OF CONFEDERATION}
+
+It is not necessary to assume that those who opposed confederation were
+all influenced by sinister motives. Many honest and good men, whose
+attachment to British institutions could not be questioned, were
+opposed to it because their minds were of a conservative turn, and
+because they looked with distrust upon such a radical change that would
+alter the relations which existed between the province and the mother
+country. Many, for reasons which it is not easy to understand, were
+distrustful of the politicians of Canada, whom they looked upon as of
+less sterling honesty than their own, and some actually professed to
+believe that the Canadians expected to make up their financial deficits
+by drawing on the many resources of the Maritime Provinces through the
+confederation scheme. On the other hand confederation was opposed in the
+province of New Brunswick by a number of men who could only be described
+as adventurers, or discredited politicians, and who saw in this contest
+a convenient way of restoring themselves to influence and power. There
+were also among the opponents of the scheme some men who recognized in
+its success the means of perpetuating British power on this continent,
+and who, being annexationists, naturally looked with aversion upon it
+for that reason. The vast majority of the people, however, had given the
+matter but the slightest degree of attention, and their votes were cast
+in accordance with prejudice hastily formed, which they had an
+opportunity of reconsidering before another year and a half had elapsed.
+
+{FEELING IN NEW BRUNSWICK}
+
+It had been arranged at the convention that the first trial of the
+scheme before the people should be made in New Brunswick, the
+legislature of which was about expiring, and accordingly the appeal was
+made to the people and the elections came on in the month of March,
+1865. The enemies of confederation were very active in every part of the
+province, and they left no stone unturned to defeat the measure. The
+great cry upon which they based their opposition to the union with
+Canada was that of taxation, and, as the voters of New Brunswick were
+not inclined to favour any policy which involved high taxation, the
+appeals made in this way had a powerful effect. All through the rural
+constituencies the Opposition candidates told the electors that if they
+united themselves with Canada direct taxation would be the immediate
+result. They said that every cow, every horse, and every sheep which
+they owned would be taxed, and that even their poultry would not escape
+the grasp of the Canadian tax-gatherers. In the city of St. John, Mr.
+Tilley and his colleague, Mr. Charles Watters, were opposed by Mr. J. V.
+Troop and Mr. A. B. Wetmore. Mr. Troop was a wealthy ship-owner, whose
+large means made him an acceptable addition to the strength of the
+anti-confederate party, although previously he had taken no active part
+in political affairs. Mr. Wetmore was a lawyer of standing in St. John,
+who was considered to be one of the best _nisi prius_ advocates at the
+bar, and who carried the methods of the bar largely into his politics.
+In the course of time he became attorney-general of the province, and
+later on a judge of the supreme court. Mr. Wetmore, when haranguing St.
+John audiences, used to depict the dreadful effects of confederation in
+a manner peculiarly his own. His great plea was an imaginary dialogue
+between himself and his little son, that precocious infant asking him in
+lisping tones, "Father, what country do we live in?" to which he would
+reply, "My dear son, you have no country, for Mr. Tilley has sold us to
+the Canadians for eighty cents a head."
+
+In the county of St. John, the Hon. John. H. Gray, Charles N. Skinner,
+W. H. Scovil and James Quinton, who ran as supporters of confederation,
+were opposed by John W. Cudlip, T. W. Anglin, the Hon. R. D. Wilmot and
+Joseph Coram. Mr. Cudlip was a merchant, who at one time enjoyed much
+popularity in the city of St. John. Mr. Anglin was a clever Irishman, a
+native of the county of Cork, who had lived several years in St. John
+and edited a newspaper called the _Freeman_, which enjoyed a great
+popularity among his co-religionists. He was admitted to be the leader
+of the Irish Catholics of St. John, and had acquired an ascendency over
+them which was not easily shaken; yet he was not, as a politician, a
+great success, nor did his efforts to improve the condition of his
+countrymen always lead to satisfactory results. The Hon. R. D. Wilmot
+had been a prominent Conservative politician, but was defeated, and had
+retired to his farm at Belmont. For some years he had been devoting his
+abilities to stock-raising; but at the first note of alarm on the
+confederation question he abandoned his agricultural pursuits and rushed
+into the field to take part in the contest. Mr. Joseph Coram was a
+leading Orangeman, and a highly respected citizen.
+
+{A CRITICAL ELECTION}
+
+In the county of York, the Hon. George L. Hatheway, who was then chief
+commissioner of the board of works, appeared in the field as an
+Opposition candidate, in company with John C. Allen, John J. Fraser and
+William H. Needham. Mr. Hatheway deserted the government in its hour of
+need, apparently because he judged from the cries that were raised
+against confederation that the current of public opinion was strongly
+adverse to the Quebec scheme. Having left Mr. Tilley in the lurch on the
+eve of the confederation contest, he deserted the Smith government
+sixteen months later, when the second confederation election came to be
+run, thereby inflicting upon them a blow from which it was impossible
+they could recover. William H. Needham, whose name has already appeared
+in this volume, did not lay claim to any high political principles; but
+having retired some time before to private life, he found in the
+confederation struggle a good opportunity of getting into the
+legislature. He was a man of very considerable ability, and had his
+principles been only equal to his knowledge and talents, he might have
+risen to the highest position in the province. But his course on many
+occasions made the public distrustful of him, and he died without having
+enjoyed any of those honours which men of far less ability have
+obtained. John James Fraser, afterwards governor of New Brunswick, was a
+man of a different stamp, and seems to have been a sincere opponent of
+confederation from conviction. The same may be said of John C. Allen,
+afterwards chief-justice of the province, a man whose sterling honesty
+has never been questioned.
+
+
+
+
+CHAPTER VIII
+
+DEFEAT OF CONFEDERATION
+
+
+The result of the election was the most overwhelming defeat that ever
+overtook any political party in the province of New Brunswick. Out of
+forty-one members, the friends of confederation succeeded in returning
+only six, the Hon. John McMillan and Alexander C. DesBrisay, for the
+county of Restigouche; Abner R. McClelan and John Lewis for the county
+of Albert; and William Lindsay and Charles Connell for the county of
+Carleton. Every member of the government who held a seat in the House of
+Assembly, with the exception of the Hon. John McMillan, the
+surveyor-general, was defeated. The majorities against the confederation
+candidates in some of the counties were so large it seemed hopeless to
+expect that any future election would reverse the verdict. Both the city
+and county of St. John, and the county of York, made a clean sweep, and
+returned solid delegations of anti-confederates. With the exception of
+the two Carleton members, the entire block of counties on the River St.
+John and the county of Charlotte, forming the most populous and best
+settled part of the province, declared against the Quebec scheme. On the
+north shore, Westmorland, Kent, Northumberland and Gloucester
+pronounced the same verdict, and, on the day after the election, the
+strongest friends of confederation must have felt that nothing but a
+miracle could ever bring about a change in the opinion which had been
+pronounced with such emphasis and by so overwhelming a majority. Yet
+fifteen months later the verdict of March, 1865, was completely
+reversed, and the anti-confederates were beaten almost as badly as the
+advocates of confederation had been in the first election; such are the
+mutations of public opinion.
+
+Mr. Tilley and his colleagues resigned immediately after the result of
+the elections became known, and the Hon. Albert J. Smith was called upon
+to form a new government. Mr. Smith had been attorney-general in Mr.
+Tilley's government up to the year 1862, when he resigned in consequence
+of a difference with his colleagues in regard to the negotiations which
+were being carried on for the construction of the Intercolonial Railway.
+He was a fine speaker, and a man of ability. At a later period, when
+confederation had been established, he became a cabinet minister in the
+government of the Hon. Alexander Mackenzie. His powerful influence was
+largely responsible for the manner in which the North Shore counties
+declared against confederation, and he also did much to discredit the
+Quebec scheme by his speeches delivered in the city of St. John. Mr.
+Smith did not take the office of attorney-general in the new government,
+but contented himself with the position of president of the council,
+the Hon. John C. Allen, of York, becoming attorney-general, and the Hon.
+A. H. Gillmor, of Charlotte, provincial secretary. The Hon. Bliss
+Botsford, of Westmorland, was made surveyor-general; and the Hon. George
+L. Hatheway retained his old office as the chief commissioner of the
+board of works. The other members of the government were the Hon. Robert
+Duncan Wilmot, of Sunbury, the Hon. T. W. Anglin, of St. John, and the
+Hon. Richard Hutchinson, of Miramichi.
+
+{THE NEW GOVERNMENT}
+
+The new government looked strong and imposing, and seemed to be secure
+against the assaults of its enemies, yet it was far from being as
+compact and powerful as it appeared to the outward observer. In the
+first place, it had the demerit of being founded solely on a negative,
+and upon opposition to a single line of policy. The reason why these men
+were assembled together in council as a government was that they were
+opposed to confederation, and, this question having been disposed of,
+they were free to differ upon all other points which might arise. Some
+of the men who thus found themselves sitting together at the same
+council board had all their lives been politically opposed to each
+other. The Hon. R. D. Wilmot, an old Conservative, could have little or
+no sympathy with Mr. A. H. Gillmor, a very strong Liberal. The Hon. A.
+J. Smith, also a Liberal, had little in common with his
+attorney-general, Mr. Allen, who was a Conservative. Mr. Odell, the
+postmaster-general, represented the old Family Compact more thoroughly
+than any other man who could have been chosen to fill a public office in
+New Brunswick, for his father and grandfather had held the office of
+provincial secretary for the long term of sixty years. As he was a man
+of no particular capacity, and had no qualification for high office, and
+as he was, moreover, a member of the legislative council, his
+appointment to such a position was extremely distasteful to many who
+were strongly opposed to confederation. The Hon. Bliss Botsford, of
+Moncton, who became surveyor-general, was another individual who added
+no strength to the government. In a cabinet consisting of four men in
+the government who might be classed as Liberals, and five who might be
+properly described as Conservatives, room was left for many differences
+and quarrels over points of policy, to say nothing of patronage, after
+the great question of confederation had been disposed of. Local feelings
+also were awakened by the make-up of the government, for the North Shore
+people could not but feel that their interests were in danger of being
+neglected, as instead of having the attorney-generalship and the
+surveyor-generalship, which had been theirs in the previous government,
+they had to be content with a single member in the government, without
+office, in the person of Mr. Richard Hutchinson, who, as the
+representative of Gilmour, Rankine & Co., the great lumber house of the
+North Shore, was extremely unpopular, even in the county which had
+elected him. The Hon. Robert Duncan Wilmot was perhaps the most
+dissatisfied man of any, with the new cabinet in which he found himself.
+He had not been a fortnight in the government before he began to realize
+the fact that his influence in it was quite overshadowed by that of Mr.
+Smith and Mr. Anglin, although neither of them held any office. Mr.
+Wilmot was a man of ability, and of strong and resolute will, so that
+this condition of affairs became very distasteful to him and his
+friends, and led to consequences of a highly important character.
+
+{DISSENSIONS IN THE GOVERNMENT}
+
+The new government had not been long in existence before rumours of
+dissensions in its ranks became very common. Mr. Wilmot made no secret
+to his friends of his dissatisfaction, and it was understood that other
+members found their position equally unpleasant. An element of
+difficulty was early introduced by the resignation of the chief-justice,
+Sir James Carter, who, in September, 1865, found it necessary, in
+consequence of failing health, to retire from the bench, rendering it
+immediately necessary for the government to fill his place. The Hon.
+Albert J. Smith, the leader of the government, had he chosen, might have
+then taken the vacant position, but he did not desire to retire from
+political life at that time, and the Hon. John C. Allen, his
+attorney-general, was appointed to the bench as a puisne judge, while
+the Hon. Robert Parker was made chief-justice. The latter, however, had
+but few weeks to enjoy his new position, dying in November of the same
+year, and leaving another vacancy on the bench to be filled. Again, as
+before, the Hon. Mr. Smith declined to go on the bench, and the Hon.
+John W. Weldon, who had been a long time a member of former
+legislatures, and was at one time Speaker, was appointed to the puisne
+judgeship, and the Hon. William J. Ritchie was made chief-justice. The
+entire fitness of the latter for the position of chief-justice made his
+appointment a popular one, but he was the junior of the Hon. Lemuel A.
+Wilmot as a judge, and the Hon. R. D. Wilmot, who was a cousin of the
+latter, thought the senior judge should have received the appointment of
+chief-justice. His disappointment at the office being given to another
+caused a very bad feeling on his part towards the government, and he
+would have resigned his seat forthwith but for the persuasions of some
+of those who were not friends of the government, who intimated to him
+that he could do them a great deal more damage by retaining his seat,
+and resigning at the proper time than by abandoning the government at
+that moment. Mr. Wilmot remained in the government until January, 1866,
+but although of their number, his heart was estranged from them, and he
+may properly be regarded as an enemy in their camp.
+
+{CONFEDERATION VICTORY IN YORK}
+
+Mr. Anglin also had some difference with his colleagues with regard to
+railway matters, and he resigned his seat early in November, 1865;
+still he gave a general support to the government, although no longer in
+its councils. But the most severe blow which the administration received
+arose from the election in the county of York, which followed the
+seating of the Hon. John C. Allen on the bench. The confederation party
+had been so badly beaten in York at the general election that no doubt
+was felt by the government that any candidate they might select would be
+chosen by a very large majority. The candidate selected by the
+government to contest York was Mr. John Pickard, a highly respectable
+gentleman, who was engaged in lumbering, and who was extremely popular
+in that county, in consequence of his friendly relations with all
+classes of the community and the amiability of his disposition. The Hon.
+Charles Fisher was brought forward by the confederation party as their
+candidate in York, although the hope of defeating Mr. Pickard seemed to
+be desperate, for at the previous election Mr. Fisher had received only
+1,226 votes against 1,799 obtained by Mr. Needham, who stood lowest on
+the poll among the persons elected for York. Mr. Fisher by his efforts
+in the York campaign, which resulted in his election, struck a blow at
+the anti-confederate government from which it never recovered. His
+election was the first dawn of light and hope to the friends of
+confederation in New Brunswick, for it showed clearly enough that
+whenever the people of the province were given another opportunity of
+expressing their opinion on the question of confederation, their verdict
+would be a very different one from that which they had given at the
+general election. Mr. Fisher beat Mr. Pickard by seven hundred and ten
+votes, receiving seven hundred and one votes more than at the general
+election, while Mr. Pickard's vote fell five hundred and seventy-two
+below that which Mr. Needham had received on the same occasion.
+
+
+
+
+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.
+
+
+
+
+CHAPTER X
+
+THE BRITISH NORTH AMERICA ACT
+
+
+One of the great objects of confederation was the construction of the
+Intercolonial Railway from St. John and Halifax to Quebec. It was
+thought that there could be no real union between the several colonies
+of British North America unless a good means of communication existed,
+and such a means was to be obtained only through the construction of
+this line of railway. The Intercolonial Railway, as we have seen, had
+been a part of the policy of successive governments in the province for
+many years, and it became an essential part of the scheme of
+confederation. When confederation was accepted by the people of New
+Brunswick in 1866, the Intercolonial Railway had yet to be built.
+Western Extension, as the line to the Maine border was called, had only
+been commenced; Eastern Extension, from the Shediac line towards
+Halifax, was in the same condition; in fact, the total mileage of the
+railways in New Brunswick did not exceed two hundred miles, and these
+lines were isolated and formed no part of any complete system. New
+Brunswick now has three separate lines of railway leading to Quebec and
+Montreal; it is connected with the great railway systems of the
+continent; there is no county in the province which has not a line of
+railway traversing it; and the mileage has risen from less than two
+hundred to more than fourteen hundred.
+
+Mr. Tilley realized that the time had come when the communities which
+form the British provinces of North America must either become
+politically connected or else fall, one by one, beneath the influence of
+the United States. After confederation had been brought about between
+Canada, New Brunswick and Nova Scotia, enough was seen in the conduct of
+American statesmen towards Prince Edward Island to show that their
+design was to try to create a separate interest in this colony apart
+from the general interest of Canada. The acceptance of the scheme of
+confederation by Prince Edward Island, at a comparatively early period,
+put an end to the plots in that quarter; but in the case of Newfoundland
+the same thing has been repeated, and an attempt was made by American
+statesmen to cause the people of that island to believe that their
+interests and those of Canada are not identical, and that they would be
+specially favoured by the United States if they held aloof from the
+great Dominion. The attitude of the people and congress of the United
+States towards Canada has not been marked, for the most part, by any
+great friendliness. They saw in confederation an arrangement that was
+likely to prevent this country from ever becoming absorbed by their
+own, and they believed that by creating difficulties for us with respect
+to the tariff and other matters, and limiting the area of our commercial
+relations, they could put such pressure upon Canada as would compel our
+people to unite with them. This scheme has failed because it was based
+on a misconception of the spirit of our people; but who will say that it
+would not have succeeded if the several provinces which now form the
+confederation had been disunited and inharmonious in their relations and
+had pursued different lines of policy?
+
+{HIS SPEECHES}
+
+It is unfortunate that, owing to the absence of verbatim reports, it is
+impossible to reproduce any of Tilley's speeches during the
+confederation campaign. No speaker that New Brunswick has ever produced
+has been more generally acceptable than was Tilley. His speeches were
+pointed, and so clear that they could not be misunderstood. He
+possessed, to a very large extent, that magnetism which enabled him to
+retain the attention and to awaken the sympathy of his audience. At all
+the meetings which he addressed, there were many who regarded themselves
+always as his friends and supporters and who formed a phalanx around
+him, giving him a confidence and political strength which few statesmen
+have ever enjoyed to a like extent. Although his addresses frequently
+provoked the bitter animosity of his enemies, he had always enough
+friends to counteract their influence; and during the many contests
+which he had to fight for his seat in the city of St. John, he was
+always able to rely on the loyalty of those who were his early
+associates and who remained his supporters until the end of his career.
+It is quite safe to assert that confederation could not have been
+carried had it not been for the personal efforts of Mr. Tilley. As the
+leader of the government which had consented to the Quebec scheme, he
+was properly looked upon as the chief promoter of confederation in New
+Brunswick, and his name will go down to future generations identified
+with that large and necessary measure of colonial statesmanship.
+
+{THE LEGISLATURE MEETS}
+
+Although the vote of the electors had been taken on the question, much
+remained to be done before confederation could become an accomplished
+fact. The last elections, which were those of Kings and Charlotte, were
+held on June 12th, but more than a year was to elapse before the union
+was effected, and the result which the election was intended to bring
+about realized. The first thing to be done was to call the legislature
+together and complete the business of the province, which had been
+interrupted by the dissolution. The legislature met on June 21st, and
+the Hon. John H. Gray, who had been an active advocate of confederation,
+and who was one of the members for the county of St. John, was made
+Speaker. In the speech from the throne the following reference was made
+to the question of confederation:--
+
+"Her Majesty's government have already expressed their strong and
+deliberate opinion that the union of the British North American
+provinces under one government is an object much to be desired. The
+legislatures of Canada and Nova Scotia have formed the same judgment,
+and you will now shortly be invited to express your concurrence with or
+dissent from the view taken of this great question by those provinces."
+
+The address in reply was moved by Mr. Kerr, of Northumberland, and
+seconded by Mr. Beveridge of Victoria, and its consideration was made
+the order of the day for the following Saturday. When it came up for
+discussion the Hon. Albert J. Smith was not in his place, and Mr.
+Botsford, one of his colleagues from Westmorland, endeavoured to have
+the consideration of the matter postponed; but the House was in no
+humour to await the convenience of any single member, and the address
+was passed the same day by a vote of thirty to seven. Attorney-General
+Fisher, immediately on the passage of the address, gave notice of the
+following resolution, which was to be made the order of the day for
+Monday, June 26th:--
+
+"_Resolved_, That an humble address be presented to His Excellency, the
+lieutenant-governor, praying that His Excellency be pleased to appoint
+delegates to unite with delegates from the other provinces in arranging
+with the imperial government for the union of British North America,
+upon such terms as will secure the just rights and interests of New
+Brunswick, accompanied with provision for the immediate construction of
+the Intercolonial Railway; each province to have an equal voice in such
+delegation, Upper and Lower Canada to be considered as separate
+provinces."
+
+Mr. Fisher moved the resolution in question in a very brief speech, and
+was replied to by the Hon. Mr. Smith, who spoke at great length and
+continued his speech on the following day. Mr. Smith took exception to
+giving the delegates power to fix the destinies of the provinces
+forever, without again submitting the scheme of union to the people. He
+proceeded to discuss the Quebec scheme, and took exception to the
+construction of the Upper House of the proposed legislature of the
+confederation, declaring that each province should have an equal number
+of representatives in it, as was the case in the United States. After
+going over the ground pretty thoroughly and criticizing most of the
+terms of the scheme of confederation, he moved an amendment, to the
+effect that no Act or measure for a union with Canada take effect until
+approved by the legislature or the people of the province.
+
+{A PLAN FOR CONFEDERATION}
+
+The Hon. Mr. Tilley replied to the leader of the Opposition in one of
+the most effective speeches that he ever delivered in the legislature.
+He first took up Mr. Smith's allusion to the constitutional question,
+and, with immense power and solemnity, he charged that any want of
+constitutional action which existed was due to Mr. Smith and his
+colleagues. He stated that the governor's sympathies were with the late
+government, and that he had endeavoured to aid and not to injure them.
+Mr. Smith had alluded to the Hon. Joseph Howe, who was then an opponent
+of confederation, in terms of praise, and Mr. Tilley, in reply, read
+from Mr. Howe's speech, made in 1861, a magnificent paragraph on the
+union of British America. Mr. Tilley stated that the government would
+take the Quebec scheme for a basis, and would seek concessions to meet
+the views of those who found objection to parts of it. He mentioned the
+various counties of the province to show that they were either expressly
+or potentially favourable to the Quebec scheme. He was convinced that
+even his friend, the ex-attorney-general and member for Westmorland, was
+hardly against union. He asked, "Was there one anti-unionist on the
+floor of the House? Where was Mr. Anglin? Mr. Needham? Mr. Hill and all
+the rest of the anti-unionists? They were all swept away and unionists
+had taken their places, and when the arrangements for union were carried
+out, the feeling in its favour would be deeper and deeper." Mr. Tilley
+showed the great advantages which would accrue to New Brunswick
+eventually in consequence of confederation. He combated the statement
+made by Mr. Smith that after confederation the provincial legislature
+would become a mere farce, showing that of all the Acts passed during
+the previous two years there were only seven which would have come under
+the control of the general legislature. Mr. Tilley closed by dwelling on
+the impression of power which union would have on the minds of those
+abroad who were plotting our ruin. The speech was listened to with the
+utmost attention by the members of the legislature and by a very large
+audience which completely filled the galleries, and it was generally
+considered to have been one of his greatest efforts.
+
+{SMITH'S AMENDMENT}
+
+The resolution was finally carried by a vote of thirty to eight, only
+two members, both of whom would have voted for the resolution, being
+absent. As soon as the confederation resolution was passed the Hon. A.
+J. Smith moved a resolution which, after reciting the steps which had
+already been taken in favour of union with Canada, continued as
+follows:--
+
+"THEREFORE, _Resolved_, as the deliberate opinion of this House, that no
+measure for such union should be adopted which does not contain the
+following provisions, viz.: first, an equal number of legislative
+councillors for each province; second, such legislative councillors to
+be required to reside in the province which they represent and for which
+they are appointed; third, the number of representatives in the federal
+parliament to be limited; fourth, the establishment of a court for the
+determination of questions and disputes that may arise between the
+federal and local governments as to the meaning of the Act of Union;
+fifth, exemption of this province from taxation for the construction and
+enlargement of canals in Upper Canada, and for the payment of money for
+the mines and minerals and lands of Newfoundland; sixth, eighty cents
+per head to be on the population as it increases and not to be confined
+to the census of 1861; seventh, securing to each of the Maritime
+Provinces the right to have at least one executive councillor in the
+federal government; eighth, the commencing of the Intercolonial Railway
+before the right shall exist to increase taxation upon the people of the
+province."
+
+Mr. Smith supported his resolution in a lengthy speech in which he
+predicted increased taxation as the result of confederation. He said
+that the House, instead of being a deliberative assembly, had to
+surrender its judgment to the government. Confederation was a great
+experiment at best, and called for the exercise of other men's judgment.
+The government were going on in the most highhanded manner and were not
+justified in withholding information asked for. He elaborated the idea
+that Canada was pledged to issue treasury notes to pay present
+liabilities, and asserted that the government was altogether under the
+control of Canadian politicians. He insisted particularly on a provision
+in the Act of Union that each of the Maritime Provinces have an
+executive councillor in the federal government. Finally the vote was
+taken and the following amendment, which had been moved by the Hon. Mr.
+Fisher, was carried, only eight members voting against it:--
+
+"_Resolved_, That the people of this province having, after due
+deliberation, determined that the union of British North America was
+desirable, and the House having agreed to request His Excellency the
+lieutenant-governor to appoint delegates for the purpose of considering
+the plan of union upon such terms as will secure the just rights of New
+Brunswick, and having confidence that the action of His Excellency under
+the advice of his constitutional advisers will be directed to the
+attainment of that end, sound policy and a due regard to the interests
+of this province require that the responsibility of such action should
+be left unfettered by an expression of opinion other than what has
+already been given by the people and their representatives."
+
+This ended the battle for confederation in New Brunswick, for what
+remained to be done was merely the arrangement of the details of the
+union by the delegates who had received full powers for that purpose.
+The session of the legislature, which must be considered one of the most
+important ever held in New Brunswick, came to a close on Monday, July
+7th. At a meeting of the government held immediately after the
+prorogation, the Hon. Messrs. Tilley, Wilmot, Fisher, Mitchell, Johnson
+and Chandler were appointed to go to England as delegates for the
+purpose of meeting delegates from Canada and Nova Scotia, and framing
+the bill which was to be passed by the imperial parliament for the
+consummation of confederation. It was understood that there would be no
+delay on the part of the delegates from Canada, but Sir John A.
+Macdonald and the other Canadian delegates were unable to leave at the
+time appointed, and did not meet the Maritime Provinces delegation in
+England until many months after the latter had arrived there. This
+unfortunate circumstance produced much comment at the time, because it
+looked as if the government of Canada was treating the delegates of New
+Brunswick and Nova Scotia with discourtesy. Instead of the business
+being completed promptly, as was expected, and the bill passed by the
+parliament during the autumn season, the whole matter was thrown over
+until the following year, and the New Brunswick delegates, most of whom
+were prominent members of the government, had to remain in England for
+about ten months at great expense and inconvenience.
+
+{THE DELEGATES IN ENGLAND}
+
+The delegates from the three provinces, Canada, Nova Scotia and New
+Brunswick, met at the Westminster Palace Hotel, London, in December,
+1866, the Hon. John A. Macdonald in the chair and Lieut.-Col. Hewitt
+Bernard acting as secretary. The resolution passed at the Quebec
+conference held in 1864 was read, and amendments were moved in
+accordance with the suggestions made in the several legislatures during
+the discussions at the previous sessions. It was conceded by all that
+the Intercolonial Railway, by which facilities for interprovincial
+commercial intercourse should be secured, must be built by the united
+provinces and without delay. It was also conceded that in the provinces
+where separate schools were established by law, that principle should
+not be disturbed. In the discussion it was claimed that the sole right
+of imposing an export duty should be vested in the federal authority.
+This was objected to by the New Brunswick delegates, on the ground that
+as the people of that province had expended a large sum of money in the
+improving of the navigation of the upper St. John, they had to recoup
+themselves by imposing an export duty on lumber shipped from the
+province. A considerable portion of the income thus received was paid by
+the lumbermen of the state of Maine, the advantage derived by them from
+such improvements being very great. The claim thus presented by the New
+Brunswick delegates was conceded, and the province was permitted to
+retain the right. This right was abandoned after confederation, the
+Dominion paying therefor a hundred and fifty thousand dollars per annum
+to the New Brunswick government.
+
+{THE BRITISH NORTH AMERICA ACT}
+
+During the sitting of the delegates, which lasted for two months, many
+conferences were held with Lord Carnarvon, then secretary of state for
+the colonies, and the law officers of the Crown, in regard to objections
+which were taken to some of the resolutions adopted by the delegates.
+The governor-general of Canada, Viscount Monck, was in London at the
+time, and was able to render valuable assistance during the conference,
+owing to his intimate knowledge of the previous negotiations at Quebec.
+The arrangements there made, in regard to the strengthening of the
+central government, founded on the experience of the United States
+during the War of Secession, were adhered to in the London resolutions
+and accepted by the imperial authorities. When the bill reached
+parliament some amendments were suggested, but when it was pointed out
+that the bill as presented was the result of the most careful
+consideration of both the imperial authorities and the colonial
+representatives, the suggested amendments were not pressed and the
+measure passed through both Houses with very little discussion. But one
+spirit seemed to animate both the imperial government and the members of
+parliament, and that was to give the provinces interested the fullest
+powers consistent with their relation to the Empire. The parliamentary
+opposition to the measure was much less than might have been expected,
+when it is remembered that the opponents of confederation had
+representatives in London, well able to present objections from their
+standpoint, who had the ear of Mr. Bright and other members of the House
+of Commons. Her Majesty took a deep interest in the measure and
+expressed that interest to members of the delegation, adding that she
+felt a great affection for her loyal Canadian subjects. While the bill
+was before the House of Lords, Messrs. Macdonald, Cartier, Galt, Tupper
+and Tilley were honoured by a private presentation to Her Majesty, at
+Buckingham Palace, and shortly afterwards all the members of the
+conference were presented at a drawing-room at the same place.
+
+{COUNTY COURT ACT}
+
+The New Brunswick delegates returned to Canada in the spring of 1867,
+having completed their labours, and the legislature was called together
+on May 8th. The business before it was of great importance, for the
+province was entering upon a new era as a member of the Canadian
+confederation, and the legislature was about to lose that portion of its
+powers which was delegated to the federal parliament. It is not,
+however, necessary to enter into any details of the work of the session,
+which was carried through without any particular difficulty, the
+Opposition being too weak to oppose seriously the measures of the
+government. It was felt on all sides that, as twelve members of the
+legislative council were about to become members of the senate of
+Canada, and as fifteen representatives were to be elected to the House
+of Commons, most of whom would come from the House of Assembly, a
+striking change would take place in the composition of the legislature,
+which would be deprived of the services of a large number of its ablest
+men. One of the important bills of the session was the passage of the
+Act establishing county courts in the province, and in respect to this
+measure a difference of opinion took place between Mr. John M. Johnson,
+one of the delegates and member for Northumberland, and his fellow
+delegates to England. He thought that the legislature had no authority
+under the terms of confederation, or from any understanding between the
+delegates while in England, to create county courts, while the other
+delegates held a different view. The Act was passed, however, and has
+proved to be one of the most useful ever placed upon the statute-book,
+relieving the supreme court of many cases, both civil and criminal,
+which would otherwise block its business, and enabling them to be
+disposed of more rapidly than before. The county court judges appointed
+under this Act were, with one exception, taken from the legislature, and
+this made another serious drain upon its experienced members.
+
+
+
+
+CHAPTER XI
+
+THE FIRST PARLIAMENT OF CANADA
+
+
+The British North America Act, by which the provinces of Upper and Lower
+Canada, New Brunswick and Nova Scotia were bound into a confederation,
+came into force by royal proclamation on the first day of July, 1867.
+When it is considered how vast and vital a change this measure brought
+about, it is surprising that it produced so little excitement anywhere.
+With the exception of one or two demonstrations which were made with
+flags by persons hostile to confederation, it was received in the
+province of New Brunswick, which had been so much excited during two
+elections, with perfect calmness, and although for some years afterwards
+there were always a number of persons opposed to union who predicted
+direful things from confederation, and thought it must finally be
+dissolved, the voices of such persons were eventually silenced either by
+death or by their acquiescence in the situation. To-day it may be safely
+declared that the Canadian confederation stands upon as secure a
+foundation as any other government in the civilized world.
+
+In June, 1867, the Hon. John A. Macdonald, the leading spirit in the
+government of Canada, was entrusted by Lord Monck, then
+governor-general, with the formation of a ministry for the Dominion. Mr.
+Macdonald naturally experienced a good deal of difficulty in making his
+arrangements. In the formation of the first ministry much care was
+necessary; provincial and national interests were to be thought of and
+denominational claims had to receive some attention. But the greatest
+difficulty arose with respect to old party lines. Mr. Macdonald thought
+that these ought, as far as possible, to be ignored, and accordingly
+selected his men from the leading advocates of confederation belonging
+to both parties, placing in his cabinet seven Conservatives and six
+Liberals. The Liberals included the names of Mr. W. P. Rowland and Mr.
+William MacDougall for Ontario. A large number of the Liberals of
+Ontario, including George Brown and Alexander Mackenzie, opposed this
+arrangement, called a public meeting in Toronto, and passed resolutions
+in favour of a strictly party government on the old lines. It declared
+hostility to the proposal for a coalition, and resolved to oppose
+Messrs. Rowland and MacDougall, should they accept office under Mr.
+Macdonald. This decision was carried out, but these gentlemen were both
+elected by good majorities. In this first ministry there were five
+members from Ontario, four from Quebec, two from Nova Scotia, and two
+from New Brunswick: S. L. Tilley and Peter Mitchell.
+
+The wisdom of the course adopted will be apparent when it is remembered
+that the question of confederation was not settled or carried on party
+lines, some of the Conservatives opposing and some Liberals supporting
+it. This was clearly the case in New Brunswick, as shown by the last two
+elections held there. About one-third of the Liberal party, and a like
+proportion of the Conservative party, opposed confederation at the
+second election. To have formed the first government on a party basis
+would have necessitated the selection of some men who were opposed to
+the union, and whose efforts might not have been devoted to making it a
+success.
+
+{FIRST CONFEDERATION MINISTRY}
+
+The first confederation ministry was a very strong one. The Hon. John A.
+Macdonald became premier and minister of justice; the Hon. George E.
+Cartier was minister of militia and defence; Alexander T. Galt was
+minister of finance; the Hon. William MacDougall was minister of public
+works; the Hon. W. P. Rowland was minister of inland revenue; the Hon.
+A. J. F. Blair, president of the privy council; the Hon. Alexander
+Campbell, postmaster-general; the Hon. J. C. Chapais, minister of
+agriculture; the Hon. Hector L. Langevin, secretary of state. The Hon.
+Mr. Tilley became minister of customs and the Hon. Mr. Mitchell minister
+of marine and fisheries, while the two Nova Scotia representatives,
+Messrs. Archibald and Kenny, became respectively secretary of state for
+the provinces and receiver-general.
+
+It will thus be seen that the Maritime Provinces had four
+representatives out of thirteen members of the cabinet, and this
+proportion has generally been maintained since that time; so that the
+fears of those who anticipated that the provinces by the sea would not
+receive fair treatment in the distribution of high offices have proved
+to be groundless. On the contrary, it can be said that the Maritime
+Province members of the government appear always to have occupied a very
+influential position.
+
+The office of minister of customs, which Mr. Tilley received, was
+thought by some of his friends to be less important than he deserved,
+they being of the opinion that he should have been made minister of
+finance. This office, however, went to Mr. Galt, who, owing to a
+difference with the rest of the government, resigned four months later,
+his place in the cabinet being taken by Sir John Rose, who held the
+office of finance minister until October, 1869, Sir Francis Hincks then
+receiving the appointment. It was not until the resignation of the
+latter in February, 1873, that Mr. Tilley became minister of finance.
+The office at first assigned to him, however, was one of great
+importance, involving as it did the reorganization of the entire
+establishment of the customs of Canada, and it gave ample scope for his
+great ability as a business man.
+
+The elections for the House of Commons in the new parliament of Canada
+took place in August, when Tilley was chosen to represent the city of
+St. John, and John H. Gray, the county. It had been expected, in view of
+the fact that these men had been so largely instrumental in bringing
+about confederation, that they would be allowed to walk over the course
+unopposed. This was the case with Mr. Gray, whose candidature met with
+no opposition; but Mr. Tilley was opposed by Mr. John Wilson, who
+received a very small vote. This needless and futile opposition to the
+candidature of a man who deserved so well from the province, was merely
+one of the proofs of the existence of political rancour in the breasts
+of those who had been defeated on the confederation question.
+
+{FIRST CANADIAN PARLIAMENT}
+
+The first parliament of united Canada met on November 6th, 1867, and the
+address was moved by the Hon. Charles Fisher, who had been elected to
+represent the county of York. The session was a very long one, lasting
+until May 22nd of the following year; but there was an adjournment,
+extending from December 21st to March 20th. This meeting of parliament
+was especially memorable, inasmuch as it brought together, for the first
+time, the representatives of all the provinces, and the ablest men of
+all political parties. The people of Ontario and Quebec were little
+known to the people of the Maritime Provinces, and those who resided in
+the larger provinces in like manner knew comparatively little of their
+fellow-subjects who dwelt by the sea. It was expected by some that the
+Maritime Province representatives would be completely overshadowed by
+men of greater political reputation belonging to the larger provinces,
+but this did not prove to be the case. The Maritime representatives at
+once took a leading position in parliament, and this position they have
+steadily maintained down to the present time. No man stood better in the
+House of Commons than the representative from St. John, the Hon. S. L.
+Tilley. At that time Her Majesty, the Queen, in acknowledgment of his
+services in the cause of confederation, had created him a Companion of
+the Bath, a distinction which was also given to the Hon. Charles Tupper,
+of Nova Scotia.
+
+A vast amount of business had to be disposed of at the first session of
+the parliament of Canada. Although the Union Act embodied the plan upon
+which confederation was founded, it was necessary to supplement it by a
+great deal of special legislation, for the purpose of interpreting it
+and making preparations for the practical working of the constitution.
+In all the discussions relative to the measures which had to be passed
+at that time, Tilley took a prominent part, and, when the session was
+over, he had established in the House of Commons, as fully as he had in
+the legislature of New Brunswick, a reputation for ability as a speaker
+and as a man of affairs. He was looked upon as one whose wide knowledge
+of the needs of the province and whose experience in departmental work
+were likely to be of the greatest use to the confederation. His high
+character gave weight at all times to his words, and caused him to be
+listened to with the most respectful attention. During the whole period
+that Tilley sat in the House of Commons, he had the pleasure of knowing
+that even his political enemies respected his character and abilities,
+and, with the exception of the premier, perhaps no man wielded a more
+potent influence in the councils of the Dominion than he.
+
+It is not necessary here to trace to any large extent the career of Sir
+S. L. Tilley in the parliament of Canada; that belongs rather to the
+history of the Dominion than to a work which deals particularly with his
+connection with his native province. Only so much of his public life in
+the House of Commons will be dealt with as seems necessary to complete
+his personal history. Tilley continued to hold the position of minister
+of customs during the whole of the term of the first parliament of
+Canada. This parliament held five sessions and dissolved in the summer
+of 1872, the general election being in the month of July, upon which
+occasion he was reëlected for the city of St. John without opposition.
+
+{MINISTER OF FINANCE}
+
+The second parliament met on March 5th, 1873. Eleven days before that
+time Mr. Tilley had become minister of finance, succeeding Sir Francis
+Hincks, who had resigned that office after holding it for more than
+three years. The advancement of Mr. Tilley to this responsible and
+influential position was very pleasing to his friends, and was received
+with satisfaction by the country generally.
+
+The first confederation ministry of Canada resigned office on November
+5th, 1873, under circumstances which are a part of the political history
+of the Dominion and need not be gone into in this volume, further than
+to say that, whatever basis there may have been for charges of
+corruption in connection with the Pacific Railway contract against other
+persons in the government, none were ever preferred against Mr. Tilley;
+nor did any one suspect or believe that he had anything whatever to do
+with the transactions which led to the resignation of the government.
+Prior to that event Mr. Tilley had been appointed lieutenant-governor of
+the province of New Brunswick in succession to the Hon. Lemuel A.
+Wilmot, whose term had expired. Every one felt that the honour thus
+bestowed upon Tilley was a most fitting one, for he was New Brunswick's
+foremost son in political life, and had reached his high position purely
+through his own ability and his own good character. That position he
+filled a greater number of years than any of his successors are likely
+to do, and it is admitted on all sides that no man could have performed
+the duties of the office more satisfactorily than he did.
+
+
+
+
+CHAPTER XII
+
+FINANCE MINISTER AND GOVERNOR
+
+
+Mr. Tilley took up his residence in the old Government House,
+Fredericton, and he must have been struck with the changed aspect
+of affairs from that presented under the old régime, when
+lieutenant-governors were appointed by the British government and sent
+out from England to preside over the councils of a people of whom they
+knew little or nothing. Most of these former governors had been military
+men, more accustomed to habits of command than to deal with perplexing
+questions of state. They looked with a very natural degree of impatience
+on the attempts which the people of the province were making to get the
+full control of their own affairs. Under the old régime the governor was
+surrounded with military guards, and sentries paced the walks and
+guarded the entrances to the Government House. The withdrawal of the
+British troops from Canada before the lieutenant-governorship of Mr.
+Tilley commenced relieved him of any embarrassment in regard to
+dispensing with military guards and sentries; but all pretentious
+accompaniments of authority were foreign to his nature, and he always
+showed, by the severe simplicity of his life, that he felt he was one
+of the people, and that it was his duty as well as his pleasure to
+permit all who had any occasion to see him to have free access to him,
+without the necessity of going through any formal process.
+
+{THE PROTECTIONIST TARIFF}
+
+When Mr. Tilley became lieutenant-governor of the province, he was
+fifty-five years of age, and he seems to have thought that his political
+career was ended, because, by the time his term of office expired in its
+natural course, he would have reached the age of sixty, a period when a
+man is not likely to make a new entrance into public life. But
+circumstances, quite apart from any desire on his part, made it almost
+necessary for him to change his determination, and during the summer of
+1878, when the general election was imminent, he found himself pressed
+by his old political friends to become once more the candidate of his
+party for his old constituency, the city of St. John. There was great
+enthusiasm amongst them when it was announced that he would comply with
+their wishes, and that he had resigned the lieutenant-governorship. The
+result of that general election is well known. The Liberal party, which
+had succeeded to the government less than five years before with a large
+majority in the House of Commons, experienced a severe defeat, and the
+Hon. Alexander Mackenzie, seeing this, very properly did not await the
+assembling of parliament, but sent in the resignation of the ministry,
+and Sir John A. Macdonald was called upon to form a new government. In
+the cabinet thus constructed Mr. Tilley resumed his old office of
+minister of finance, and one of his first duties was to assist in the
+framing of a new customs tariff which was to give effect to the
+principle, upon which the election had been run, of protection to home
+industries. This idea of protection had not been heard of in the
+Canadian confederation as the policy of any political party until Sir
+John A. Macdonald took it up about a year before the general election,
+but it proved a winning card and was the means of giving the new
+government a long lease of power.
+
+Sir Leonard Tilley's speech in introducing the new tariff was well
+received and made a strong impression upon all who heard it. It was
+admitted, even by those who were opposed to the views he held, that he
+showed a great mastery of the details, and that he illustrated in a very
+clear manner the view that the country was suffering because the duties
+imposed upon foreign goods were not sufficiently high to protect
+Canadian manufactures.
+
+It is not the intention of this volume to deal to any full extent with
+the career of Sir Leonard Tilley during his second term of office as
+minister of finance of Canada. To enter into that phase of his career
+would be to relate the history of Canada, for he was but one member of
+the government, and not its leader. It is admitted that, in respect to
+financial questions, Sir Leonard showed the same ability that had
+characterized his career during his previous term of office, and he was
+looked upon by his colleagues as a man in whose judgment the utmost
+confidence could be placed. At this time, however, his health began to
+fail, and the disease which finally carried him off developed to such an
+extent that he was told he must cease all active work or his days would
+be shortened. Under these circumstances, it became necessary for him to
+retire from the severe duties of his very responsible and laborious
+office, and on October 31st, 1885, he was again appointed
+lieutenant-governor of New Brunswick, an office which he had filled with
+so much acceptance between 1873 and 1878. Sir Leonard Tilley continued
+lieutenant-governor during a second term, for almost eight years, or
+until the appointment of the Hon. John Boyd to that position. He was
+lieutenant-governor of New Brunswick for considerably more than twelve
+years, a record which is not likely to be equalled by any future
+lieutenant-governor for many years to come, if ever.
+
+{SECOND TERM AS GOVERNOR}
+
+There was no event of particular importance to distinguish Sir Leonard
+Tilley's second term as lieutenant-governor. The Hon. Mr. Blair was
+premier of New Brunswick during the whole period, and there was no
+political crisis of any importance to alter the complexion of affairs.
+The only event in connection with the governorship which is worthy of
+being mentioned is the change that was made by the abandonment of the
+old Government House, at Fredericton, as the residence of the
+lieutenant-governor. This building had become antiquated, and in other
+ways unsuitable for the occupancy of a lieutenant-governor, and its
+maintenance involved a very large expenditure annually, which the
+province was unable to afford. It was therefore determined that in
+future the lieutenant-governor should provide his own residence, and
+that the amount spent on the Government House annually should be saved.
+Sir Leonard Tilley built a residence in St. John, in which he lived for
+the remainder of his life, and the seat of government, so far as his
+presence was concerned, was transferred to that city. Sir Leonard Tilley
+was always on the most cordial terms with the various premiers who led
+the government of New Brunswick during their terms of office. He knew
+well the strict constitutional limits of his office, and was always
+careful to confine his activities within their proper scope. The lessons
+of responsible government which he had learned in his early youth, and
+which had been the study of his manhood, enabled him to avoid those
+pitfalls which beset the steps of earlier lieutenant-governors.
+
+During Sir Leonard Tilley's last term of office, and after its close, he
+abstained wholly from any interference with public affairs in the
+Dominion, and although he still remained steadfastly attached to the
+Liberal-Conservative party, he gave no outward sign of his desire for
+their success. This neutral position which he assumed in political
+matters had the effect of drawing towards him thousands of his
+fellow-countrymen who, in former years, had been accustomed to regard
+him with unfriendly feelings. They forgot the active political leader
+and saw before them only the aged governor, whose venerable figure and
+kindly face were so familiar at social or other gatherings, or whenever
+work was to be done for any good cause. In this way Sir Leonard Tilley
+grew to assume a new character in the public estimation, and at the time
+of his death the regret was as great on the part of those who had been
+his political opponents as among those who had been his associates in
+political warfare. This was one of the most pleasing features of his
+declining years, and one that gave him the greatest satisfaction,
+because it enabled him to feel that he enjoyed the affectionate regard
+of the whole body of the people.
+
+Sir Leonard Tilley throughout his life gave great attention to his
+religious duties. He was a devoted member of the Church of England, and
+his attendance at its services was constant and regular. For several
+years before his death he was connected with St. Mark's congregation,
+and no cause, except severe bodily illness, was ever allowed to prevent
+him from going to church on Sunday morning. On many occasions, when his
+steps had grown feeble and his strength was failing, it was suggested to
+him that he should drive to church, but he always replied that he would
+walk to church as long as he had strength left to do so, and that he
+would not have people harnessing up horses on the Sabbath Day on his
+account. This resolution he maintained to the end of his life.
+Sometimes, when he met an old acquaintance, as he toiled up the street
+which led to his favourite church, he would cheerfully greet him by
+saying, "John, this hill has grown steeper than it used to be," but he
+climbed the hill to the end, and the last Sunday he was able to be out
+of his bed he walked to church as usual. He also took a deep interest in
+all humane and philanthropic objects as well as in the great work
+connected with the spread of the Gospel. He was a constant attendant at
+the annual meetings of the British and Foreign Bible Society, and was a
+life member of that admirable association.
+
+{HIS IMPERIAL HONOURS}
+
+The honours that Sir Leonard Tilley received from Her Majesty, in
+recognition of his great public services, were very gratifying to his
+friends as well as to himself, and when he was made a Knight Commander
+of St. Michael and St. George, in 1879, his temperance friends embraced
+the first opportunity on his return to St. John to have a banquet in his
+honour, at which he wore, for the first time in public, the insignia of
+the knightly order of which he had become a member. There was probably
+no public event in the whole course of his life which gave him greater
+pleasure than this proof of the attachment of his old friends.
+
+Sir Leonard's last visit to England was marked by an extremely gracious
+invitation to visit the queen at Osborne, in the Isle of Wight. While he
+and Lady Tilley were sojourning at Cowes a message was sent summoning
+them to Osborne House, where they were received by Her Majesty in the
+beautiful grounds that surround that palace. The Princess Louise and
+Princess Beatrice, with an equerry in waiting, were the only other
+persons present. After an interesting conversation they were permitted
+to visit the private apartments of Her Majesty, and the Prince Consort's
+farm.
+
+Sir Leonard Tilley was first married in 1843 to Julia Ann, daughter of
+the late James T. Hanford, who died in 1862. By her he had seven
+children, two sons and five daughters. In 1867, he married Alice Starr,
+daughter of the late Z. Chipman, of St. Stephen. By this marriage he had
+two sons, Mr. Herbert C. Tilley, of the Imperial Trust Company, who
+resides in St. John, and Mr. L. P. DeWolfe Tilley, barrister, who is
+also a resident of St. John. These two sons, Herbert and Leonard, were
+the prop and comfort of his declining years and were devoted wholly to
+him to the end.
+
+{LADY TILLEY}
+
+Sir Leonard Tilley's second marriage was contracted at the time when he
+was exchanging the limited field of provincial politics for the wider
+sphere which confederation opened up to him in the parliament of Canada.
+It was a fortunate union, for it gave him a helpmeet and companion who
+was in full sympathy with him in all his hopes and feelings, and who was
+singularly well qualified to preside over his household, which, in his
+capacity of a minister of the Crown, had become, to a considerable
+extent, a factor in the public life of Canada. Lady Tilley had a high
+ideal of her duty as the wife of a cabinet minister and of the governor
+of New Brunswick, and was not content to lead a merely ornamental life
+or confine her energies within a narrow range. She saw many deficiencies
+in our appliances for relieving human misery, and with a zeal which
+could not be dampened, she sought to remedy them. The Victoria Hospital
+at Fredericton is her work; hers also is the Nurses' Home in connection
+with the Public Hospital in St. John, and the Reformatory for the care
+of bad or neglected boys, who are in danger of becoming criminals if
+they are not educated and disciplined when they are young. In every work
+of philanthropy Lady Tilley has always taken not only an active, but a
+leading part, and her position has enabled her to enlist in the cause of
+humanity the energies of many who, under other circumstances, might not
+have given their attention to philanthropic work.
+
+Sir Leonard Tilley for many years had suffered from an incurable
+disease, which had been mitigated by rest and medical treatment, but not
+removed. It was the knowledge of the fact that his days would be
+shortened if he continued in active political life that compelled him
+to leave the government in 1885. For many years before his death the
+malady had been so far subdued that it gave him comparatively little
+trouble, but any unusual exertion on his part was almost certain to
+arouse it again to activity, so that he was prevented on many occasions
+from taking part in public functions which, under other circumstances,
+he would have been glad to attend. Still, he always contrived to take
+his daily walk, and few who saw him ever suspected that he was
+constantly menaced by death. For three or four years before his decease
+his strength had been failing, he stooped more as he walked, and it was
+evident that he was not destined to enjoy many more years of life. Yet
+during the spring of 1896 there was nothing whatever to indicate that
+the end was so near, for he went about as usual, and was able to preside
+at the annual meeting of the Loyalist Society which was held during the
+last week in May. On that evening he appeared very bright and cheerful,
+and he entered with much interest into the discussion of the details of
+an outing which it was proposed the society should hold during the
+summer. "Man proposes, God disposes." Sir Leonard had gone to Rothesay
+early in June to spend a few weeks in that pleasant spot, and he
+appeared to be in his usual health until the night of June 10th, when he
+began to suffer great pain from a slight cut which he had received in
+the foot. The symptoms became alarming and gave indications of blood
+poisoning, a condition due to the disease from which he had suffered so
+many years. On June 11th, he was taken to Carleton House, his town
+residence, and from that time the doctors gave no hope of his recovery.
+It was one of the sad features of his illness that his life-long friend
+and physician for many years, Dr. William Bayard, was unable to attend
+him, being himself confined to his bed by illness.
+
+{LAST ILLNESS AND DEATH}
+
+After Sir Leonard Tilley reached his home in St. John he never rallied,
+and he was well aware that his end was near. He was attended by Dr.
+Inches and Dr. Murray McLaren, but he was beyond medical aid, and
+therefore the people of St. John, for several days before the event took
+place, were aware that their foremost citizen was dying. The time was
+one of great excitement, for the general election was near, yet the eyes
+of thousands were turned from the moving panorama of active life which
+passed before them to the silent chamber where the dying statesman was
+breathing his last. The regret and sympathy that was expressed was
+universal, and in their kindly words those who had been his life-long
+political opponents were not behind those who had been his friends. Sir
+Leonard Tilley died at three o'clock on the morning of June 25th, the
+second day after the general election which brought about the defeat of
+the party with which he had been so long identified.
+
+{HIS EMINENT SERVICES}
+
+His death evoked expressions of sympathy and regret from all parts of
+the empire and from many states of the union. The letters and telegrams
+of condolence which Lady Tilley received during the first days of her
+widowhood would of themselves fill a volume, showing how widely he was
+known and respected. The funeral, which took place on the Saturday
+following his death, was one of the largest ever seen in St. John, and
+was attended by the Board of Trade, the Loyalist Society, the various
+temperance organizations, the members of the provincial government, and
+a vast concourse of prominent citizens. The services took place at St.
+John's Episcopal Church, and were conducted by the rector, the Rev. John
+deSoyres, assisted by the Rev. R. P. McKim, rector of St. Luke's Church,
+with which Sir Leonard had been identified in his earlier years. The
+interment took place in the Rural Cemetery. Many references to the
+decease of this eminent man were made from the pulpits of St. John and
+other parts of the province on the Sunday following his death, and all
+the newspapers had long notices of the event and editorials on his life
+and character. We may fittingly close this work by quoting a portion of
+what was said of him by the St. John _Telegraph_, a paper that was
+politically opposed to him for many years:--
+
+"It is greatly to the honour of Sir Leonard Tilley that no scandal,
+public or private, was ever attached to his name. A consistent
+temperance man to the end of his life, he was faithful to the cause
+which he had espoused when he was young, and he enjoyed the confidence
+and received the steady support of a vast majority of the temperance men
+of the province, who looked upon him as their natural leader. His
+capacity for friendship was great, and his friends might be numbered by
+thousands, for he had a peculiar faculty of strongly attracting men to
+himself. This may be ascribed, in part, to the magnetism of a buoyant
+and strong nature, but it was more largely due to the extreme simplicity
+of his character, which remained wholly unspoiled by the favours which
+fortune had showered upon him. No man, however humble, had any
+difficulty in obtaining an interview with Sir Leonard Tilley; he was
+every inch a gentleman, and was, therefore, as polite to the poorest
+labourer as to the richest in the land. Such a man could not fail to be
+loved even by those who had been his most bitter opponents in former
+years, when he was in active political life.
+
+"It is one of the drawbacks of this human life that the wise, the
+learned, the good, and those whom we most love and honour, grow old and
+feeble, fall by the wayside and pass away. So while we lament the death
+of Sir Leonard Tilley, we must recognize it as an event that was
+inevitable, and which could not long have been postponed. His lifework
+was done; his labours were ended; his active and brilliant career was
+closed; he was but waiting for the dread summons which sooner or later
+must come to all. The summons has come, and he has gone from among us
+forever. His venerable, noble face will no longer be seen on our
+streets, his kindly greeting will no longer be heard. But his memory
+will live, not only in the hearts of all his countrymen, but enshrined
+in the history of this his native province, and of the great Dominion
+which he did so much to create, and which he so fondly loved."
+
+
+
+
+INDEX
+
+
+
+
+INDEX
+
+
+A
+
+ Allen, Hon. John C., solicitor-general, 183;
+   opposes confederation, 228;
+   becomes attorney-general, 233;
+   appointed a judge, 235
+
+ Anglin, Hon. Timothy W., opposes confederation, 227, 233;
+   differences with his colleagues, 236;
+   resigns from the government, 237
+
+ Aroostook War, 135
+
+ Ashburton Treaty, 195
+
+ Assembly, House of, its composition and powers, 6;
+   Wilmot's college bill introduced in, 51;
+   its passage through the House, 52-6
+
+
+B
+
+ Babbitt, Samuel, teacher of the Madras School, 147
+
+ Baillie, Thomas, retires with a pension, 116
+
+ Ballot Law passed, 189
+
+ Beckwith, John A., member for York, 250
+
+ Bernard, Lieutenant-Colonel Hewitt, secretary of the confederation
+           delegations, 263
+
+ Blair, Hon. Andrew G., premier of New Brunswick, 280
+
+ Bliss, Hannah, mother of L. A. Wilmot, 3, 4
+
+ Botsford, Hon. Bliss, surveyor-general, 233
+
+ Bounties, disallowed by British government, 118
+
+ Boyd, Hon. John, lieutenant-governor of New Brunswick, 280
+
+ British North America Act, the, comes into force, 269
+
+ Brown, George, agrees to support confederation, 211
+
+ Brown, James, surveyor-general, 174
+
+
+C
+
+ Campbell, Sir Archibald, lieutenant-governor of New Brunswick, 23, 27;
+   refuses information to the House, 28;
+   censured by the assembly, 29;
+   dissolves the assembly, 29;
+   opposes the civil list arrangement, 44
+
+ Carleton, Thomas, governor of New Brunswick, 5
+
+ Carnarvon, Lord, his interest in confederation, 264
+
+ Carter, Sir James, appointed a judge, 74;
+   appointed chief-justice, 130;
+   resigns the chief-justiceship, 235
+
+ Cartier, Hon. George E., minister of militia, 271
+
+ Casual and territorial revenue, _see_ Crown lands
+
+ Chandler, Edward B., a delegate to England in reference to the Crown
+           lands, 24;
+   enters the government, 72;
+   resigns, 76;
+   goes to England on behalf of the Intercolonial Railway, 168, 196;
+   confederation delegate to England, 262
+
+ Chipman, Ward, chief-justice, 74;
+   resigns, 129
+
+ Church of England, its predominant influence, 7
+
+ Civil list, the, paid in part by the Crown land revenue, 21, 25;
+   the Civil List Bill, 43;
+   the bill passed, 47
+
+ Clark, Rev. Samuel, rector of Gagetown, 147
+
+ Colebrooke, Sir William, lieutenant-governor, 76;
+   appoints Alfred Reade secretary, 76;
+   censured by the assembly, 101
+
+ Confederation, 201, 202;
+   proposed in Lord Durham's Report, 203;
+   discussed in 1858, 205;
+   not favoured by Lord Derby's government, 205;
+   D'Arcy McGee's party visits the Maritime Provinces, 209;
+   crisis in the government of Canada, 209, 210;
+   Canadian statesmen at the Charlottetown conference, 217-19;
+   the Quebec scheme, 222;
+   unfavourably received in New Brunswick, 223-5;
+   the general election of 1865, 226-9;
+   defeat of, 231;
+   recommended in the speech from the throne, 242;
+   carried at the general election of 1866, 249-51;
+   resolutions in its favour carried in the legislature, 260, 262;
+   delegation sent to England to arrange details of, 262;
+   delay in arrival of Canadian delegates, 263;
+   meeting in London, 263;
+   discussion of the terms of union, 264;
+   Confederation Act passed by parliament, 265;
+   the union of the provinces proclaimed, 269
+
+ Connell, Hon. Charles, postmaster-general, circumstances which led to
+           his resignation, 191-2;
+   member for Carleton, 231;
+   becomes a member of the Mitchell-Wilmot government, 247;
+   reëlected for Carleton, 249
+
+ Cook, Dr. Henry, 149
+
+ Council, executive, its composition, 48, 72;
+   reorganized, 116
+
+ Council, legislative, 5;
+   rejects the college bill, 52, 53;
+   its obstructive character, 67;
+   its conduct condemned by the assembly, 68;
+   changes in its composition, 69;
+   favours confederation, 244
+
+ Crane, William, a delegate to England with an address to His Majesty, 41
+
+ Crown lands, revenues from, 6;
+   dissatisfaction with the management of, 18-21;
+   used to pay the civil list, 21, 22;
+   control of, made the subject of an address to the king, 23;
+   a deputation sent to England, 24;
+   the surrender of the revenues by His Majesty proposed, 25-7, 35-7;
+   another address to the king, 37, 38;
+   control of, surrendered to the province, 47
+
+ Custom-house system, imperial, discarded, 175, 176
+
+ Customs duties, 6, 16, 17, 18, 38, 39
+
+
+D
+
+ DesBrisay, L. P. W., seconds Fisher's amendment to the address in reply
+           to the speech from the throne, 244
+
+ Douglas, Sir Howard, lieutenant-governor of New Brunswick, 50, 51, 148
+
+ Dow, Dr., member for York, 250
+
+
+E
+
+ Education, unsatisfactory condition of, in New Brunswick, 83-5;
+   the Madras system, 86-8;
+   Wilmot's speech on, 88-91
+
+
+F
+
+ Family Compact, the, 13, 110
+
+ Fees, on land grants, 14
+
+ Fenians, threaten to invade Canada, 240, 241;
+   invade New Brunswick, 247;
+   Doran Killian, leader of, 247;
+   troops called out to oppose them, 248;
+   their invasion a fiasco, 249
+
+ Fisher, Hon. Charles, member for York, 47;
+   reëlected for York, 102;
+   moves a want of confidence resolution, 103;
+   his resolution defeated, 111;
+   enters the government, 116;
+   defeated in York, 128;
+   his services to the Liberal party, 154;
+   moves a want of confidence resolution, 172, 173;
+   joins the new government as attorney-general, 174;
+   retires from the government, 193;
+   reëlected for York, 194;
+   elected on the confederation ticket for York, 237;
+   moves an amendment to the address in reply to the speech from the
+             throne, 244;
+   becomes attorney-general, 247;
+   moves a confederation resolution, 257, 258;
+   a confederation delegate to England, 262;
+   elected for York in the first parliament of united Canada, 273
+
+ Fraser, John J., opposes confederation, 228
+
+
+G
+
+ Gagetown, birthplace of Sir Leonard Tilley, 146
+
+ Galt, Hon. A. T., in favour of confederation, 205;
+   minister of finance, 271
+
+ Gilbert, Thomas, advocates agricultural schools, 162
+
+ Gillmor, Hon. A. H., provincial secretary, 233
+
+ Gladstone, Right Hon. W. E., 199
+
+ Glenelg, Lord, colonial secretary, 42, 61
+
+ Glenie, James, an early Reformer, 13
+
+ Gordon, Arthur Hamilton, lieutenant-governor of New Brunswick, opposed
+           to confederation, 239;
+   his change of views, 240;
+   the confederation paragraph in his speech from the throne, 242;
+   differences with his government, 242
+
+ Government, responsible, the demand for, 99-111;
+   granted, 113-16
+
+ Gray, Hon. John H., 152;
+   supports the government, 160;
+   becomes a member of the government, 165;
+   appointed attorney-general, 183;
+   favours confederation, 227;
+   elected for St. John County, 251;
+   speaker of the assembly, 256;
+   again elected for St. John in the parliament of 1867, 273
+
+ Gray-Wilmot government, formed, 183;
+   defeated, 184
+
+ Grey, Earl, colonial secretary, on tenure of office, 113;
+   disallows hemp bounty bill, 118
+
+ Grievances, committee on, appointed, 24
+
+
+H
+
+ Hamilton, Peter S., his articles advocating confederation, 207
+
+ Hanington, Hon. D. L., speaker, 172
+
+ Hannay, James, his articles in favour of confederation, 207
+
+ Harding, James A., elected for the city of St. John, 167
+
+ Harvey, Sir John, lieutenant-governor, 47, 113
+
+ Hatheway, Hon. George L., opposes confederation, 228;
+   joins the anti-confederation government, 233;
+   retires from the contest in York, 250
+
+ Hazen, Hon. Robert L., on responsible government, 63;
+   enters the government, 72;
+   resigns, 76
+
+ Head, Sir Edmund, lieutenant-governor, 129
+
+ Hill, George S., member for Charlotte, 66
+
+ Howe, Hon. Joseph, a delegate to England in connection with the
+           Intercolonial Railway, 107;
+   advocates confederation, 204
+
+ Humbert, Mr., opposes responsible government, 64
+
+ Hutchinson, Richard, 234
+
+
+J
+
+ Jenkins, William, teacher of the Gagetown grammar school, 147
+
+ Johnson, Hon. John M., solicitor-general, 174;
+   confederation delegate to England, 262;
+   opposes county courts bill, 267
+
+ Johnston, Hon. Hugh, enters the government, 72;
+   resigns, 76
+
+
+K
+
+ Kerr, George, member for Northumberland, 249
+
+ King's College, 49;
+   its illiberal charter, 50;
+   bill to amend it defeated, 52;
+   passed, 56, 163;
+   reorganized and becomes University of New Brunswick, 190
+
+ Kinnear, Hon. William B., solicitor-general, 116
+
+
+L
+
+ Legislature of New Brunswick, called together in 1866, 256;
+   its session of 1867, 266
+
+ Leonard, Samuel, 147
+
+ _Loyalist_, newspaper, its proprietors arrested, 75 (note)
+
+
+M
+
+ Macdonald, Sir John A., chairman of the confederation delegation, 263;
+   forms the first Dominion cabinet, 270
+
+ McClelan, Hon. A. R., chief commissioner of public works, 247;
+   reëlected for Albert County, 249
+
+ McGee, Thomas D'Arcy, favours confederation, 207;
+   lectures in St. John, 207;
+   brings a party to visit the Maritime Provinces, 209
+
+ McMillan, Hon. John, surveyor-general, elected for Restigouche, 231;
+   becomes postmaster-general, 247
+
+ McPhelim, Francis, postmaster-general, 183
+
+ Manners-Sutton, Hon. H. T., lieutenant-governor of New Brunswick,
+           dissolves the House of Assembly, 180
+
+ Maritime union movement, 211-13;
+   the Charlottetown conference, 215
+
+ Marriage laws, 14, 15
+
+ Meade, General, 249
+
+ Metcalfe, Sir Charles, governor-general of Canada, 74;
+   his unconstitutional stand, 74;
+   his views approved by the New Brunswick assembly, 74
+
+ Mitchell, Hon. Peter, member of the legislative council, 246;
+   supports confederation, 246;
+   called on to form a government, 246;
+   forms the Mitchell-Wilmot government, 247;
+   confederation delegate to England, 262;
+   becomes minister of marine, 271
+
+ Monck, Viscount, governor-general of Canada, 265
+
+ Money grants, initiation of, 48
+
+ Montgomery, John, enters the government, 72;
+   surveyor-general, 183
+
+ Morgan, Elizabeth, great grandmother of Sir Leonard Tilley, 145
+
+
+N
+
+ Needham, W. H., member for York, 152;
+   his ability and character, 154;
+   opposes confederation, 228
+
+ Newcastle, Duke of, colonial secretary, 197
+
+
+O
+
+ Odell, Hon. William Franklin, death of, 75
+
+ Odell, Hon. William H., postmaster-general, 233, 234
+
+ Office, tenure of, 57;
+   Lord John Russell's despatch, 57;
+   resolution of assembly thereon, 60
+
+
+P
+
+ Palmerston, Lord, his government in office during confederation
+           negotiations, 206
+
+ Parker, Hon. Robert, becomes chief-justice, 235
+
+ Parliament of Canada, its first meeting, 273
+
+ Partelow, Hon. John R., member for St. John County, 65;
+   on money appropriations, 93;
+   becomes provincial secretary, 116;
+   his ability as a business man, 157
+
+ Peters, Colonel Harry, speaker of the assembly, 148
+
+ Peters, Susan Ann, mother of Sir Leonard Tilley, 146
+
+ Peters, William, grandfather of Sir Leonard, 146
+
+ Peto, Brassy and Betts, propose to construct New Brunswick railways, 167-9
+
+ Pickard, John, defeated in York, 237
+
+ Portland Railway Convention, 119;
+   L. A. Wilmot's speech at, 120
+
+ Prohibitory liquor law, 176-8;
+   its failure, 180
+
+ Putnam, Charles S., barrister, 11
+
+
+R
+
+ Railways, European and North American, proposed, 168;
+   its progress, 186;
+   completed to Shediac, 187, 188;
+   Intercolonial, building of, proposed, 168, 195;
+   delegations sent to England to obtain assistance, 169, 196-8;
+   discussed in parliament, 187;
+   a meeting held in Quebec to consider the offer of the British
+             government, 198;
+   a committee is sent to England to arrange the terms of the guarantee
+             but fail to come to an agreement, 199, 200;
+   its construction secured by confederation, 264
+
+ Reade, Alfred, appointed provincial secretary, 76;
+   his appointment condemned by the assembly, 79;
+   the appointment cancelled, 80
+
+ Reciprocity treaty, discussed, 170, 171;
+   bill passed, 175
+
+ Ritchie, Hon. William J., member for the county of St. John, 152;
+   his great ability, 155;
+   moves a want of confidence resolution, 160;
+   complains of the conduct of the governor and the colonial office, 164;
+   resigns his seat, 166;
+   reëlected for St. John, 172;
+   joins the Fisher government, 175;
+   becomes chief-justice, 236
+
+ Robinson, F. P., auditor of the king's casual revenue, 34
+
+ Russell, Lord John, colonial secretary, 53;
+   on the King's College charter, 54;
+   on tenure of office, 114
+
+
+S
+
+ Salaries, official, 61;
+   reduction proposed by Wilmot, 62
+
+ Saunders, Hon. John Simcoe, advocate-general, 34
+
+ Simonds, Hon. Charles, a delegate to England with the grievances of New
+           Brunswick, 24;
+   elected speaker, 160;
+   resigns his seat, 166;
+   again elected speaker, 183
+
+ Skinner, Hon. C. N., favours confederation, 227;
+   member for St. John city, 251
+
+ Smith, Hon. Albert J., joins the Fisher government, 175;
+   forms an anti-confederation government, 232;
+   differences with the lieutenant-governor, 242;
+   his government resigns, 245;
+   moves an amendment to confederation resolutions, 260
+
+ Smith, William O., mayor of St. John, 149
+
+ Stanley, Lord, colonial secretary, 53;
+   on King's College charter, 53, 54;
+   on the Reade appointment, 80;
+   on money grants, 92
+
+ Steadman, Hon. James, postmaster-general, 193
+
+ Steeves, Hon. William H., joins the Fisher government, 175
+
+ Street, Hon. George F., solicitor-general, 34;
+   a delegate to England in connection with the Civil List Bill, 45
+
+ Street, Hon. John Ambrose, attorney-general, 161
+
+ Street-Partelow government, defeated, 173
+
+ Sutton, Richard, 249
+
+
+T
+
+ Tilley, James, grandfather of Sir Leonard, 145
+
+ Tilley, Lady, 284;
+   her charitable work, 285
+
+ Tilley, Samuel, great-grandfather of Sir Leonard, 143
+
+ Tilley, Samuel Leonard, birth and ancestry, 143;
+   at the Madras School, 147;
+   at the grammar school, 147;
+   removes to St. John, 149;
+   enters a drug store as clerk, 149;
+   becomes a total abstainer, 150;
+   begins business on his own account, 150;
+   elected to the House of Assembly as member for St. John, 152;
+   resigns his seat, 166;
+   reëlected for St. John, 172;
+   becomes provincial secretary, 174;
+   defeated on the prohibition question, 183;
+   again elected for St. John, 185;
+   a delegate to England in regard to the Intercolonial Railway, 196;
+   a delegate to Quebec to consider the offer of the British
+           government, 198;
+   second delegation to England, 199;
+   at the Quebec conference, 219-22;
+   defeated in St. John city, 231;
+   resigns with his colleagues, 232;
+   declines to form a new government, 247;
+   becomes provincial secretary, 247;
+   reëlected for St. John city, 251;
+   his efforts for confederation, 252;
+   his ability as a speaker, 255;
+   supports the confederation resolutions, 258, 259;
+   confederation delegate to England, 262;
+   presented to Her Majesty, 266;
+   becomes minister of customs, 272;
+   elected to parliament for St. John city, 273;
+   made a Companion of the Bath, 274;
+   his standing in the House of Commons, 274;
+   becomes minister of finance, 275;
+   elected to the second parliament, 275;
+   appointed lieutenant-governor of New Brunswick, 275;
+   resigns the governorship, 278;
+   again becomes finance minister, 279;
+   introduces a protectionist tariff, 279;
+   again appointed lieutenant-governor, 280;
+   resides in St. John, 281;
+   his simple habits, 281;
+   his popularity, 282;
+   a member of the Church of England, 282;
+   made a K.C.M.G., 283;
+   his marriages, 284;
+   visits Her Majesty at Osborne, 284;
+   his children, 284;
+   suffers from an incurable disease, 285;
+   his last illness, 286;
+   death, 287;
+   funeral, 288;
+   tributes of respect, 288
+
+ Tilley, Thomas Morgan, father of Sir Leonard, 145
+
+ _Trent_ affair, 197
+
+
+U
+
+ United States, their attitude towards Canada, 254
+
+
+V
+
+ Vankoughnet, Hon. P. M., a delegate to England in regard to the
+           Intercolonial Railway, 197
+
+
+W
+
+ Wark, David, his bounty resolutions, 118
+
+ Watters, Hon. Charles, an advocate of confederation, 226
+
+ Weldon, Hon. John W., speaker of the assembly, 65;
+   on money grants, 94;
+   appointed a judge, 236
+
+ Wetmore, Hon. A. R., opposes confederation, 226;
+   opposes anti-confederation government, 243;
+   reëlected for St. John city, 251
+
+ William IV., objects to alienation of Crown lands, 22;
+   dismisses the Liberal government, 37
+
+ Williston, Hon. Edward, solicitor-general, 247;
+   reëlected for Northumberland, 249
+
+ Wilmot, Benjamin, first of the name in America, 3
+
+ Wilmot, Hon. Robert Duncan, 152;
+   his change of principle, 156;
+   supports the government, 160;
+   becomes surveyor-general, 165;
+   reëlected in St. John, 166;
+   becomes provincial secretary, 183;
+   opposes confederation, 227;
+   dissatisfied with the government, 235;
+   resigns in January, 1866, 236;
+   forms a new government with Mitchell, 247;
+   reëlected for St. John County, 251;
+   confederation delegate to England, 262
+
+ Wilmot, Lemuel, grandfather of L. A. Wilmot, 3
+
+ Wilmot, Lemuel Allan, birth, 2;
+   ancestry, 3;
+   education, 10;
+   studies law, 11;
+   his interest in politics, 11;
+   his knowledge of French, 12;
+   an officer of militia, 12;
+   elected to the assembly for York, 31;
+   takes his seat, 32;
+   his eloquence, 33;
+   zeal for reform, 34;
+   on custom house salaries, 38;
+   a delegate to the colonial office in connection with provincial
+             affairs, 41;
+   arranges terms with the British government, 43;
+   second delegation to England, 46;
+   reëlected for York, 47;
+   engaged in the reform of King's College charter, 49-52;
+   bill rejected by council, 52;
+   resolutions thereon, 54;
+   the college bill passed, 56;
+   proposes a reduced scale of salaries, 62, 63;
+   nominated for the speakership, 66;
+   reëlected for York, 66;
+   becomes a member of the government, 72, 73;
+   resigns in consequence of the Reade appointment, 76;
+   his reasons, 77;
+   advocates improved schools, 88;
+   in favour of free schools, 90;
+   an advocate of the initiation of money grants, 91, 94-7;
+   bids farewell to the House, 102;
+   reëlected for York, 103;
+   his speech on the want of confidence resolution, 103-11;
+   becomes attorney-general, 116;
+   his oratory, 119;
+   at the Portland Railway Convention, 120;
+   his views on railway legislation, 126;
+   opposes the Shediac Railway, 127;
+   his bill for the reduction of salaries defeated in the legislative
+             council, 127;
+   decline of popularity, 128;
+   appointed a judge, 130;
+   Fenety's estimate of, 131;
+   appointed lieutenant-governor, 133;
+   his religious views, 133;
+   as a lecturer, 134;
+   takes part in the Aroostook War, 135;
+   his love of flowers, 136;
+   illness and death, 137;
+   character and achievements, 137-9
+
+ Wilmot, William, father of L. A. Wilmot, 3;
+   a Baptist local preacher, 10;
+   member of the House of Assembly in 1816, 10
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Wilmot and Tilley, by James Hannay
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+The Project Gutenberg EBook of Wilmot and Tilley, by James Hannay
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+*** START OF THIS PROJECT GUTENBERG EBOOK WILMOT AND TILLEY ***
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+
+
+<div class="bk1">
+<p class="center"><b><span class="fxl">THE MAKERS OF CANADA</span></b></p>
+
+<p class="center"><span class="fxs">EDITED BY</span></p>
+
+<p>DUNCAN CAMPBELL SCOTT, F.R.S.C.,<br />
+PELHAM EDGAR, <span class="smcap">Ph.D., and,</span><br />
+WILLIAM DAWSON LE SUEUR, B.A., LL.D., F.R.S.C.</p></div>
+
+<hr />
+<p class="center"><span class="fxl"><b>WILMOT AND TILLEY</b></span></p>
+
+<hr />
+
+<div class="bk1" style="width: 319px;">
+<img src="images/001.jpg" width="319" height="500" alt="L. A. Wilmot" title="" />
+</div>
+
+<hr />
+
+<p class="center"><i><span class="p1">THE MAKERS OF CANADA</span></i></p>
+
+<h1><big>WILMOT <small>AND</small><br />
+TILLEY</big></h1>
+
+<h2><small>BY</small><br />
+JAMES HANNAY</h2>
+
+<p class="p2"><i>EDITION DE LUXE</i></p>
+
+<p class="center"><small>TORONTO</small><br />
+MORANG &amp; CO., LIMITED<br />
+<small>1907</small></p>
+
+<hr />
+<div class="bk1"><p><i>Entered according to Act of the Parliament of Canada
+in the year 1907 by Morang &amp; Co., Limited, in the Department
+of Agriculture</i></p></div>
+
+<div class="trn"><b>Transcriber's Note:</b>
+Unique page headings have been retained and appear along the left margin by
+the relevant paragraphs. Minor typographical errors have been corrected without note.
+Variant spellings have been retained. Inconsistent hyphenation has been standardised.</div>
+
+<hr /><p><span class='pagenum'><a name="Page_ix" id="Page_ix">[ix]</a></span></p>
+<h2>CONTENTS</h2>
+
+<div class='center'>
+<table border="0" cellpadding="0" cellspacing="0" summary="">
+<tr class="tr1"><td class="center"><big><b>LEMUEL ALLAN WILMOT</b></big></td><td>&nbsp;</td></tr>
+<tr><td class="td2">CHAPTER I</td><td class="td4"><small>Page</small></td></tr>
+<tr><td class="td3">ANCESTRY AND EARLY LIFE</td><td class="td4" rowspan="2"><a href="#Page_1">1</a></td></tr>
+<tr><td class="td2">CHAPTER II</td></tr>
+<tr><td class="td3">EARLY EFFORTS FOR REFORM</td><td class="td4" rowspan="2"><a href="#Page_13">13</a></td></tr>
+<tr><td class="td2">CHAPTER III</td></tr>
+<tr><td class="td3">WILMOT IN THE LEGISLATURE</td><td class="td4" rowspan="2"><a href="#Page_31">31</a></td></tr>
+<tr><td class="td2">CHAPTER IV</td></tr>
+<tr><td class="td3">WILMOT AS A DELEGATE TO THE COLONIAL OFFICE</td><td class="td4" rowspan="2"><a href="#Page_41">41</a></td></tr>
+<tr><td class="td2">CHAPTER V</td></tr>
+<tr><td class="td3">LORD JOHN RUSSELL ON TENURE OF OFFICE</td><td class="td4" rowspan="2"><a href="#Page_57">57</a></td></tr>
+<tr><td class="td2">CHAPTER VI</td></tr>
+<tr><td class="td3">THE READE APPOINTMENT</td><td class="td4" rowspan="2"><a href="#Page_67">67</a></td></tr>
+<tr><td class="td2">CHAPTER VII</td></tr>
+<tr><td class="td3">WILMOT'S VIEWS ON EDUCATION</td><td class="td4" rowspan="2"><a href="#Page_83">83</a></td></tr>
+<tr><td class="td2">CHAPTER VIII<span class='pagenum'><a name="Page_x" id="Page_x">[x]</a></span></td></tr>
+<tr><td class="td3">THE DEMAND FOR RESPONSIBLE GOVERNMENT</td><td class="td4" rowspan="2"><a href="#Page_99">99</a></td></tr>
+<tr><td class="td2">CHAPTER IX</td></tr>
+<tr><td class="td3">THE VICTORY IS WON</td><td class="td4" rowspan="2"><a href="#Page_113">113</a></td></tr>
+<tr><td class="td2">CHAPTER X</td></tr>
+<tr><td class="td3">JUDGE AND GOVERNOR</td><td class="td4" rowspan="2"><a href="#Page_131">131</a></td></tr>
+<tr class="tr1"><td class="center"><big><b>SIR LEONARD TILLEY</b></big></td></tr>
+<tr><td class="td2">CHAPTER I</td></tr>
+<tr><td class="td3">EARLY LIFE AND BUSINESS CAREER</td><td class="td4" rowspan="2"><a href="#Page_143">143</a></td></tr>
+<tr><td class="td2">CHAPTER II</td></tr>
+<tr><td class="td3">ELECTED TO THE LEGISLATURE</td><td class="td4" rowspan="2"><a href="#Page_159">159</a></td></tr>
+<tr><td class="td2">CHAPTER III</td></tr>
+<tr><td class="td3">THE PROHIBITORY LIQUOR LAW</td><td class="td4" rowspan="2"><a href="#Page_171">171</a></td></tr>
+<tr><td class="td2">CHAPTER IV</td></tr>
+<tr><td class="td3">REFORM AND PROGRESS</td><td class="td4" rowspan="2"><a href="#Page_183">183</a></td></tr>
+<tr><td class="td2">CHAPTER V</td></tr>
+<tr><td class="td3">THE INTERCOLONIAL RAILWAY</td><td class="td4" rowspan="2"><a href="#Page_195">195</a></td></tr>
+<tr><td class="td2">CHAPTER VI</td></tr>
+<tr><td class="td3">THE MOVEMENT FOR MARITIME UNION</td><td class="td4" rowspan="2"><a href="#Page_201">201</a></td></tr>
+<tr><td class="td2">CHAPTER VII<span class='pagenum'><a name="Page_xi" id="Page_xi">[xi]</a></span></td></tr>
+<tr><td class="td3">THE QUEBEC CONFERENCE</td><td class="td4" rowspan="2"><a href="#Page_215">215</a></td></tr>
+<tr><td class="td2">CHAPTER VIII</td></tr>
+<tr><td class="td3">DEFEAT OF CONFEDERATION</td><td class="td4" rowspan="2"><a href="#Page_231">231</a></td></tr>
+<tr><td class="td2">CHAPTER IX</td></tr>
+<tr><td class="td3">TILLEY AGAIN IN POWER</td><td class="td4" rowspan="2"><a href="#Page_239">239</a></td></tr>
+<tr><td class="td2">CHAPTER X</td></tr>
+<tr><td class="td3">THE BRITISH NORTH AMERICA ACT</td><td class="td4" rowspan="2"><a href="#Page_253">253</a></td></tr>
+<tr><td class="td2">CHAPTER XI</td></tr>
+<tr><td class="td3">THE FIRST PARLIAMENT OF CANADA</td><td class="td4" rowspan="2"><a href="#Page_269">269</a></td></tr>
+<tr><td class="td2">CHAPTER XII</td></tr>
+<tr><td class="td3">FINANCE MINISTER AND GOVERNOR</td><td class="td4"><a href="#Page_277">277</a></td></tr>
+<tr class="tr1"><td class="td3">INDEX</td><td class="td4"><a href="#Page_293">293</a></td></tr>
+</table></div>
+
+<hr />
+<h2>LEMUEL ALLAN WILMOT</h2>
+
+<hr /><p><span class='pagenum'><a name="Page_1" id="Page_1">[1]</a></span></p>
+<h2>CHAPTER I<br />
+<small>ANCESTRY AND EARLY LIFE</small></h2>
+
+<p class="cap"><span class="dcap">The</span> 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<span class='pagenum'><a name="Page_2" id="Page_2">[2]</a></span>
+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.</p>
+
+<p>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,&mdash;a result which
+even he, sanguine as he was, could hardly have
+contemplated when he began his career as a public
+man.</p>
+
+<div class="sidenote">THE WILMOT FAMILY</div>
+
+<p>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<span class='pagenum'><a name="Page_3" id="Page_3">[3]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_4" id="Page_4">[4]</a></span>
+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 <i>Mayflower</i>
+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.</p>
+
+<div class="sidenote">LIEUTENANT-GOVERNOR CARLETON</div>
+
+<p>The system of government which existed in all
+the British North American colonies at the time<span class='pagenum'><a name="Page_5" id="Page_5">[5]</a></span>
+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,<span class='pagenum'><a name="Page_6" id="Page_6">[6]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_7" id="Page_7">[7]</a></span>
+to injure its own officials, and to deprive the people
+of the money which was expended on roads and
+bridges.</p>
+
+<div class="sidenote">THE CHURCH OF ENGLAND</div>
+
+<p>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.</p>
+
+<p>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<span class='pagenum'><a name="Page_8" id="Page_8">[8]</a></span>
+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.</p>
+
+<p>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&mdash;that
+of the surveyor-general&mdash;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<span class='pagenum'><a name="Page_9" id="Page_9">[9]</a></span>
+the system which then prevailed in the British
+North American colonies.</p>
+
+<div class="sidenote">THE OFFICIAL CLASSES</div>
+
+<p>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.</p>
+
+<p>William Wilmot, although he afterwards failed
+in business, was in prosperous circumstances when
+his son Lemuel was born. He was a Baptist and<span class='pagenum'><a name="Page_10" id="Page_10">[10]</a></span>
+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.</p>
+
+<div class="sidenote">AS A LAW STUDENT</div>
+
+<p>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<span class='pagenum'><a name="Page_11" id="Page_11">[11]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_12" id="Page_12">[12]</a></span>
+of the ancient Acadians. In this way he
+acquired a colloquial knowledge of that language.</p>
+
+<p>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 r&ocirc;le 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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_13" id="Page_13">[13]</a></span></p>
+<h2>CHAPTER II<br />
+<small>EARLY EFFORTS FOR REFORM</small></h2>
+
+<p class="cap"><span class="dcap">The</span> 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<span class='pagenum'><a name="Page_14" id="Page_14">[14]</a></span>
+that much attention would be paid to complaints
+which came from a remote province of
+North America.</p>
+
+<p>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.</p>
+
+<div class="sidenote">THE MARRIAGE QUESTION</div>
+
+<p>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<span class='pagenum'><a name="Page_15" id="Page_15">[15]</a></span>
+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<span class='pagenum'><a name="Page_16" id="Page_16">[16]</a></span>
+confined in its operation to four denominations of
+Christians,&mdash;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.</p>
+
+<div class="sidenote">IMPERIAL CUSTOM DUTIES</div>
+
+<p>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<span class='pagenum'><a name="Page_17" id="Page_17">[17]</a></span>
+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.</p>
+
+<p>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,<span class='pagenum'><a name="Page_18" id="Page_18">[18]</a></span>
+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.</p>
+
+<p>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.<span class='pagenum'><a name="Page_19" id="Page_19">[19]</a></span>
+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.</p>
+
+<div class="sidenote">AN ADDRESS TO THE KING</div>
+
+<p>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:&mdash;</p>
+
+<p>"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<span class='pagenum'><a name="Page_20" id="Page_20">[20]</a></span>
+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.</p>
+
+<p>"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.</p>
+
+<p>"The assembly at an early day in the present
+session, by an address to the administrator of the
+government, sought for documents regarding this<span class='pagenum'><a name="Page_21" id="Page_21">[21]</a></span>
+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.</p>
+
+<p>"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."</p>
+
+<div class="sidenote">THE CIVIL LIST</div>
+
+<p>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<span class='pagenum'><a name="Page_22" id="Page_22">[22]</a></span>
+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.</p>
+
+<p>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 &mdash;&mdash; I will have
+them impeached."</p>
+
+<p>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<span class='pagenum'><a name="Page_23" id="Page_23">[23]</a></span>
+year we find Lord Goderich, the colonial secretary,
+writing to Sir Archibald Campbell, the lieutenant-governor
+of New Brunswick, in the following
+strain:&mdash;</p>
+
+<p>"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."</p>
+
+<div class="sidenote">CONTROL OF THE REVENUE</div>
+
+<p>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<span class='pagenum'><a name="Page_24" id="Page_24">[24]</a></span>
+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.</p>
+
+<p>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.</p>
+
+<div class="sidenote">MR. STANLEY'S DESPATCH</div>
+
+<p>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,<span class='pagenum'><a name="Page_25" id="Page_25">[25]</a></span>
+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<span class='pagenum'><a name="Page_26" id="Page_26">[26]</a></span>
+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:&mdash;</p>
+
+<p>"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<span class='pagenum'><a name="Page_27" id="Page_27">[27]</a></span>
+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.</p>
+
+<div class="sidenote">NEGOTIATIONS FAIL</div>
+
+<p>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<span class='pagenum'><a name="Page_28" id="Page_28">[28]</a></span>
+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.</p>
+
+<p>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.</p>
+
+<div class="sidenote">QUARREL WITH THE GOVERNOR</div>
+
+<p>A few days after the receipt of this message, a<span class='pagenum'><a name="Page_29" id="Page_29">[29]</a></span>
+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<span class='pagenum'><a name="Page_30" id="Page_30">[30]</a></span>
+met again in January, 1835, the House was a
+new one, although largely composed of the old
+members.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_31" id="Page_31">[31]</a></span></p>
+<h2>CHAPTER III<br />
+<small>WILMOT IN THE LEGISLATURE</small></h2>
+
+<p class="cap"><span class="dcap">Wilmot</span> 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
+<i>nisi prius</i> 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<span class='pagenum'><a name="Page_32" id="Page_32">[32]</a></span>
+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.</p>
+
+<div class="sidenote">ENTERS THE LEGISLATURE</div>
+
+<p>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,<span class='pagenum'><a name="Page_33" id="Page_33">[33]</a></span>
+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.</p>
+
+<p>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.</p>
+
+<p>The aim of Wilmot, when he entered the legislature,<span class='pagenum'><a name="Page_34" id="Page_34">[34]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_35" id="Page_35">[35]</a></span>
+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.</p>
+
+<div class="sidenote">BECOMES A LEADER</div>
+
+<p>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.</p>
+
+<p>There were two questions that came up for discussion
+in which, as a Reformer, he was specially
+interested,&mdash;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,<span class='pagenum'><a name="Page_36" id="Page_36">[36]</a></span>
+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:&mdash;</p>
+
+<p>"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.</p>
+
+<p>"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<span class='pagenum'><a name="Page_37" id="Page_37">[37]</a></span>
+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."</p>
+
+<div class="sidenote">RENEWED AGITATION</div>
+
+<p>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.</p>
+
+<p>The House of Assembly was still determined to
+keep the question of the casual and territorial revenue<span class='pagenum'><a name="Page_38" id="Page_38">[38]</a></span>
+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 &pound;10,500
+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.</p>
+
+<div class="sidenote">CUSTOM-HOUSE SALARIES</div>
+
+<p>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<span class='pagenum'><a name="Page_39" id="Page_39">[39]</a></span>
+was &pound;16,616 18s. 11d. sterling, from which was
+deducted for salaries &pound;7,073 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 &pound;4,250 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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_41" id="Page_41">[41]</a></span></p>
+<h2>CHAPTER IV<br />
+<small>WILMOT AS A DELEGATE TO THE COLONIAL OFFICE</small></h2>
+
+<p class="cap"><span class="dcap">Mr. Wilmot</span> 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.<span class='pagenum'><a name="Page_42" id="Page_42">[42]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_43" id="Page_43">[43]</a></span>
+be transferred to the province, in consideration of
+the legislature undertaking to provide for a civil
+list of &pound;14,500 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.</p>
+
+<div class="sidenote">CIVIL GOVERNMENT BILL</div>
+
+<p>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 &pound;14,500 for a civil list. The third clause
+enacted that all the surplus over and above the sum
+of &pound;14,500 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<span class='pagenum'><a name="Page_44" id="Page_44">[44]</a></span>
+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 <i>Royal Gazette</i>. 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,&mdash;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 &pound;14,500 currency would not be
+sufficient to defray all the expenditures chargeable
+on the civil list.</p>
+
+<div class="sidenote">AN OBSTRUCTIVE GOVERNOR</div>
+
+<p>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<span class='pagenum'><a name="Page_45" id="Page_45">[45]</a></span>
+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,&mdash;it being understood that the
+bill if passed in the form agreed upon would be immediately
+assented to by the lieutenant-governor,&mdash;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<span class='pagenum'><a name="Page_46" id="Page_46">[46]</a></span>
+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.</p>
+
+<div class="sidenote">CIVIL GOVERNMENT BILL PASSED</div>
+
+<p>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<span class='pagenum'><a name="Page_47" id="Page_47">[47]</a></span>
+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.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> 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.</p>
+
+<p>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,<span class='pagenum'><a name="Page_48" id="Page_48">[48]</a></span>
+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,&mdash;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.</p>
+
+<p>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<span class='pagenum'><a name="Page_49" id="Page_49">[49]</a></span>
+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.</p>
+
+<div class="sidenote">KING'S COLLEGE</div>
+
+<p>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<span class='pagenum'><a name="Page_50" id="Page_50">[50]</a></span>
+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 <i>Life of Sir Howard Douglas</i>, 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<span class='pagenum'><a name="Page_51" id="Page_51">[51]</a></span>
+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.</p>
+
+<div class="sidenote">AN EXCLUSIVE INSTITUTION</div>
+
+<p>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<span class='pagenum'><a name="Page_52" id="Page_52">[52]</a></span>
+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.</p>
+
+<div class="sidenote">ADDRESS TO THE QUEEN</div>
+
+<p>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<span class='pagenum'><a name="Page_53" id="Page_53">[53]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_54" id="Page_54">[54]</a></span>
+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.<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> 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:&mdash;</p>
+
+<p>"<span class="smcap">Whereas</span>, 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<span class='pagenum'><a name="Page_55" id="Page_55">[55]</a></span>
+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,</p>
+
+<p>"<i>Resolved</i>, 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</p>
+
+<p>"<i>Resolved</i>, 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."</p>
+
+<div class="sidenote">COLLEGE CHARTER AMENDED</div>
+
+<p>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<span class='pagenum'><a name="Page_56" id="Page_56">[56]</a></span>
+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.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> This is shown by the correspondence of Sir John Harvey with the
+colonial office. Sir John was then governor of Prince Edward Island.</p></div>
+
+<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> 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.</p></div>
+</div>
+
+<hr /><p><span class='pagenum'><a name="Page_57" id="Page_57">[57]</a></span></p>
+<h2>CHAPTER V<br />
+<small>LORD JOHN RUSSELL ON TENURE OF OFFICE</small></h2>
+
+<p class="cap"><span class="dcap">In</span> 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<span class='pagenum'><a name="Page_58" id="Page_58">[58]</a></span>
+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:&mdash;</p>
+
+<p>"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.</p>
+
+<p>"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<span class='pagenum'><a name="Page_59" id="Page_59">[59]</a></span>
+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.</p>
+
+<p>"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."</p>
+
+<div class="sidenote">AN HISTORIC DESPATCH</div>
+
+<p>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<span class='pagenum'><a name="Page_60" id="Page_60">[60]</a></span>
+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:&mdash;</p>
+
+<p>"<i>Resolved</i>, 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<span class='pagenum'><a name="Page_61" id="Page_61">[61]</a></span>
+they may have occasion to lay at the foot of the
+throne will receive, as they have always done, the
+royal consideration."</p>
+
+<p>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.</p>
+
+<div class="sidenote">OFFICIAL SALARIES</div>
+
+<p>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 &pound;3,500 sterling,
+or almost double the present salary of the lieutenant-governor
+of New Brunswick. The commissioner of
+Crown lands was to have &pound;1,750 sterling, or about
+five times as much as the present holder of that
+office; the provincial secretary got &pound;1,430 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,<span class='pagenum'><a name="Page_62" id="Page_62">[62]</a></span>
+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 &pound;600
+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<span class='pagenum'><a name="Page_63" id="Page_63">[63]</a></span>
+that agreed in some measure with the means of
+the province.</p>
+
+<p>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.</p>
+
+<div class="sidenote">RESPONSIBLE GOVERNMENT</div>
+
+<p>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<span class='pagenum'><a name="Page_64" id="Page_64">[64]</a></span>
+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,&mdash;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&mdash;to
+them ought the power of originating the supplies
+to belong, and to none other&mdash;and if returned
+he would oppose the measure.</p>
+
+<p>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<span class='pagenum'><a name="Page_65" id="Page_65">[65]</a></span>
+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."</p>
+
+<div class="sidenote">REFORMERS DEFEATED</div>
+
+<p>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.<span class='pagenum'><a name="Page_66" id="Page_66">[66]</a></span></p>
+
+<p>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
+&pound;150,000, 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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_67" id="Page_67">[67]</a></span></p>
+<h2>CHAPTER VI<br />
+<small>THE READE APPOINTMENT</small></h2>
+
+<p class="cap"><span class="dcap">Although</span> 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.<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> 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<span class='pagenum'><a name="Page_68" id="Page_68">[68]</a></span>
+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.<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a>
+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,<span class='pagenum'><a name="Page_69" id="Page_69">[69]</a></span>
+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.</p>
+
+<div class="sidenote">THE LEGISLATIVE COUNCIL</div>
+
+<p>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.<span class='pagenum'><a name="Page_70" id="Page_70">[70]</a></span></p>
+
+<p>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<span class='pagenum'><a name="Page_71" id="Page_71">[71]</a></span>
+particular crisis, but cannot be commended as an
+example, and if frequently repeated would end in
+the destruction of the constitution.</p>
+
+<div class="sidenote">THE COUNCIL'S RECORD</div>
+
+<p>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<span class='pagenum'><a name="Page_72" id="Page_72">[72]</a></span>
+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.</p>
+
+<p>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&mdash;Messrs.
+Black, Shore, Robinson, Odell and
+Crane&mdash;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&mdash;Messrs. Black and
+Shore&mdash;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<span class='pagenum'><a name="Page_73" id="Page_73">[73]</a></span>
+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.</p>
+
+<div class="sidenote">ENTERS THE GOVERNMENT</div>
+
+<p>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.</p>
+
+<p>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<span class='pagenum'><a name="Page_74" id="Page_74">[74]</a></span>
+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."<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a> The city of St. John<span class='pagenum'><a name="Page_75" id="Page_75">[75]</a></span>
+also, to show its loyalty, presented a similar address;
+and one signed by one thousand persons was
+sent from the county of York.</p>
+
+<div class="sidenote">SIR CHARLES METCALFE</div>
+
+<p>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<span class='pagenum'><a name="Page_76" id="Page_76">[76]</a></span>
+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.</p>
+
+<p>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&mdash;Hugh
+Johnston, E. B. Chandler and R. L. Hazen&mdash;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<span class='pagenum'><a name="Page_77" id="Page_77">[77]</a></span>
+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.</p>
+
+<div class="sidenote">RESIGNATION</div>
+
+<p>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:&mdash;</p>
+
+<p>"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<span class='pagenum'><a name="Page_78" id="Page_78">[78]</a></span>
+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.</p>
+
+<p>"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.</p>
+
+<p>"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<span class='pagenum'><a name="Page_79" id="Page_79">[79]</a></span>
+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&mdash;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."</p>
+
+<div class="sidenote">REMONSTRANCE OF THE ASSEMBLY</div>
+
+<p>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<span class='pagenum'><a name="Page_80" id="Page_80">[80]</a></span>
+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:&mdash;</p>
+
+<div class="sidenote">READE'S APPOINTMENT CANCELLED</div>
+
+<p>"I observe with satisfaction that the House of
+Assembly have not only abstained from complicating<span class='pagenum'><a name="Page_81" id="Page_81">[81]</a></span>
+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.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> 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.</p></div>
+
+<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> 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.</p></div>
+
+<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> 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 <i>Loyalist</i> 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 <i>habeas corpus</i>. 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.</p></div>
+</div>
+
+<hr /><p><span class='pagenum'><a name="Page_83" id="Page_83">[83]</a></span></p>
+<h2>CHAPTER VII<br />
+<small>WILMOT'S VIEWS ON EDUCATION</small></h2>
+
+<p class="cap"><span class="dcap">Among</span> 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<span class='pagenum'><a name="Page_84" id="Page_84">[84]</a></span>
+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<span class='pagenum'><a name="Page_85" id="Page_85">[85]</a></span>
+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.</p>
+
+<div class="sidenote">PROVINCIAL GRAMMAR SCHOOLS</div>
+
+<p>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<span class='pagenum'><a name="Page_86" id="Page_86">[86]</a></span>
+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.</p>
+
+<div class="sidenote">MADRAS SCHOOLS</div>
+
+<p>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<span class='pagenum'><a name="Page_87" id="Page_87">[87]</a></span>
+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<span class='pagenum'><a name="Page_88" id="Page_88">[88]</a></span>
+Fredericton, with the exception of about ten thousand
+dollars, which went to the University of New
+Brunswick.</p>
+
+<p>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:&mdash;</p>
+
+<div class="sidenote">PARISH SCHOOLS</div>
+
+<p>"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<span class='pagenum'><a name="Page_89" id="Page_89">[89]</a></span>
+a better system of education in the parish
+schools. This is a difficulty which in this country
+legislation cannot reach&mdash;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<span class='pagenum'><a name="Page_90" id="Page_90">[90]</a></span>
+interest enough in the education of their children
+to go and bring them to the spot&mdash;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."</p>
+
+<p>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:</p>
+
+<p>"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<span class='pagenum'><a name="Page_91" id="Page_91">[91]</a></span>
+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&mdash;the intellect; I know that in
+many a retired hamlet of our province&mdash;amid many
+a painful scene of poverty and toil&mdash;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."</p>
+
+<div class="sidenote">MONEY VOTES</div>
+
+<p>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<span class='pagenum'><a name="Page_92" id="Page_92">[92]</a></span>
+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
+&pound;150,000, 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.</p>
+
+<p>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,<span class='pagenum'><a name="Page_93" id="Page_93">[93]</a></span>
+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.</p>
+
+<div class="sidenote">AN ABUSE UPHELD</div>
+
+<p>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<span class='pagenum'><a name="Page_94" id="Page_94">[94]</a></span>
+of that day was not a body properly under the
+control of the legislature, or in sympathy with the
+people.</p>
+
+<p>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.</p>
+
+<div class="sidenote">SPEECH ON APPROPRIATIONS</div>
+
+<p>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:<span class='pagenum'><a name="Page_95" id="Page_95">[95]</a></span>&mdash;</p>
+
+<p>"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'&mdash;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&mdash;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&mdash;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,<span class='pagenum'><a name="Page_96" id="Page_96">[96]</a></span>
+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&mdash;if we knew
+exactly how far we could go and no farther&mdash;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."</p>
+
+<p>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."</p>
+
+<div class="sidenote">END'S RESOLUTION</div>
+
+<p>In 1850, the last year that Mr. Wilmot sat in the
+House of Assembly, the matter came up again on<span class='pagenum'><a name="Page_97" id="Page_97">[97]</a></span>
+a resolution moved by a private member. This was
+met by an amendment moved by Mr. End, of
+Gloucester, in the following words:&mdash;</p>
+
+<p>"<span class="smcap">Whereas</span>, 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,</p>
+
+<p>"<i>Resolved</i>, 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."</p>
+
+<p>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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_99" id="Page_99">[99]</a></span></p>
+<h2>CHAPTER VIII<br />
+<small>THE DEMAND FOR RESPONSIBLE GOVERNMENT</small></h2>
+
+<p class="cap"><span class="dcap">When</span> 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 re&euml;lected 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 re&euml;lection.
+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<span class='pagenum'><a name="Page_100" id="Page_100">[100]</a></span>
+said, "This Act as actually drawn would therefore
+seem to establish a principle of great importance as
+well as novelty&mdash;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 re&euml;lection.</p>
+
+<div class="sidenote">THE GOVERNOR CENSURED</div>
+
+<p>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<span class='pagenum'><a name="Page_101" id="Page_101">[101]</a></span>
+the surplus civil list fund, amounting to about three
+thousand pounds, for the purpose of defraying the
+expenses of surveying Crown lands in Madawaska.<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a>
+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.<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a> The time had gone by when the<span class='pagenum'><a name="Page_102" id="Page_102">[102]</a></span>
+representative of the Crown could do as he liked
+with the public funds of the province, as had been
+the case in former years.</p>
+
+<p>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
+re&euml;lection. 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.</p>
+
+<p>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<span class='pagenum'><a name="Page_103" id="Page_103">[103]</a></span>
+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:&mdash;</p>
+
+<p>"<i>Resolved</i>, 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."</p>
+
+<div class="sidenote">ASSAILS THE GOVERNMENT</div>
+
+<p>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:&mdash;</p>
+
+<p>"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<span class='pagenum'><a name="Page_104" id="Page_104">[104]</a></span>
+gold medal for his admirable defence of that nearly
+extinct race&mdash;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&mdash;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&mdash;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<span class='pagenum'><a name="Page_105" id="Page_105">[105]</a></span>
+<span class="sidenote">SPEECH ON REFORM</span>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&mdash;'Hazen, there is something in these
+resolutions of Fisher's, depend upon it&mdash;some hidden
+meaning&mdash;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&mdash;initiation
+of money grants&mdash;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,<span class='pagenum'><a name="Page_106" id="Page_106">[106]</a></span>
+and has discovered more than the commander-in-chief
+himself. 'Why,' says he, 'there's everything
+there&mdash;I see "free trade" and "protection"
+both, and let me see&mdash;I&mdash;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<span class='pagenum'><a name="Page_107" id="Page_107">[107]</a></span>
+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&mdash;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&mdash;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.</p>
+
+<div class="sidenote">RESPONSIBLE GOVERNMENT</div>
+
+<p>"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.<span class='pagenum'><a name="Page_108" id="Page_108">[108]</a></span>
+[Interjection from Mr. End&mdash;'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&mdash;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&mdash;'Yes, that's right.'] I will now come
+down a step further&mdash;what was the case in 1837?
+I am not going to disclose any secrets this time&mdash;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
+co&ouml;peration of the heads of departments? No!<span class='pagenum'><a name="Page_109" id="Page_109">[109]</a></span>
+<span class="sidenote">THE PEOPLE SUPREME</span>There has been a counter-working going on&mdash;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&mdash;'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&mdash;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&mdash;why is the tune changed so suddenly?<span class='pagenum'><a name="Page_110" id="Page_110">[110]</a></span>
+They at first said responsible government
+is not fit for a colony&mdash;the next cry was, it is not
+fit for New Brunswick, and finally they said, when
+they addressed the queen&mdash;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&mdash;opinions which
+I never will give up. When they talk about there
+being no difference in political names,&mdash;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&mdash;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&mdash;that will
+upset all Family Compacts, and give to the sons of<span class='pagenum'><a name="Page_111" id="Page_111">[111]</a></span>
+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&#339;uvring."</p>
+
+<div class="sidenote">REFORM DEFEATED</div>
+
+<p>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.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> 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.</p></div>
+
+<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> The following resolutions which were moved by Mr. Partelow were
+carried in the House of Assembly by a vote of twenty to two:
+</p><p>
+"1st. <i>Resolved</i>, 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.
+</p><p>
+"2d. <i>Resolved</i>, 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."</p></div>
+</div>
+
+<hr /><p><span class='pagenum'><a name="Page_113" id="Page_113">[113]</a></span></p>
+<h2>CHAPTER IX<br />
+<small>THE VICTORY IS WON</small></h2>
+
+<p class="cap"><span class="dcap">The</span> 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<span class='pagenum'><a name="Page_114" id="Page_114">[114]</a></span>
+John Russell, written at Halifax, in the year 1840,
+said:&mdash;</p>
+
+<p>"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.</p>
+
+<p>"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<span class='pagenum'><a name="Page_115" id="Page_115">[115]</a></span>
+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."</p>
+
+<p>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.</p>
+
+<div class="sidenote">A MEMORABLE DESPATCH</div>
+
+<p>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<span class='pagenum'><a name="Page_116" id="Page_116">[116]</a></span>
+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.</p>
+
+<p>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.<span class='pagenum'><a name="Page_117" id="Page_117">[117]</a></span></p>
+
+<div class="sidenote">INFLUENCE OF COLONIAL OFFICE</div>
+
+<p>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<span class='pagenum'><a name="Page_118" id="Page_118">[118]</a></span>
+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<span class='pagenum'><a name="Page_119" id="Page_119">[119]</a></span>
+public life, and therefore it is unnecessary to refer
+to them further.</p>
+
+<div class="sidenote">THE PORTLAND CONVENTION</div>
+
+<p>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.</p>
+
+<p>The Portland Convention included many eminent
+men from the United States and Canada and not<span class='pagenum'><a name="Page_120" id="Page_120">[120]</a></span>
+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."</p>
+
+<div class="sidenote">WILMOT'S GREAT SPEECH</div>
+
+<p>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:&mdash;</p>
+
+<p>"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<span class='pagenum'><a name="Page_121" id="Page_121">[121]</a></span>
+find the old gravestone which indicates the graves
+of my ancestors, in a pleasant village of Connecticut
+[cheers].</p>
+
+<p>"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,&mdash;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].</p>
+
+<p>"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].</p>
+
+<p>"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<span class='pagenum'><a name="Page_122" id="Page_122">[122]</a></span>
+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.</p>
+
+<p>"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].</p>
+
+<p>"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'<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a> [tremendous cheers].</p>
+
+<p>"It is written in the decrees of eternal Providence,<span class='pagenum'><a name="Page_123" id="Page_123">[123]</a></span>
+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].</p>
+
+<p>"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&mdash;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].<span class='pagenum'><a name="Page_124" id="Page_124">[124]</a></span></p>
+
+<p>"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&mdash;in
+the name of every American, sir, in the
+name of humanity, I tender him thanks [cheers].</p>
+
+<p>"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,&mdash;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.</p>
+
+<p>"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.<span class='pagenum'><a name="Page_125" id="Page_125">[125]</a></span></p>
+
+<p>"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].</p>
+
+<p>"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].</p>
+
+<p>"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<span class='pagenum'><a name="Page_126" id="Page_126">[126]</a></span>
+and the respect and admiration of the civilized
+world [long-continued cheers].</p>
+
+<p>"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]!"</p>
+
+<p>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<span class='pagenum'><a name="Page_127" id="Page_127">[127]</a></span>
+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.</p>
+
+<div class="sidenote">HIS WORK IN LEGISLATION</div>
+
+<p>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<span class='pagenum'><a name="Page_128" id="Page_128">[128]</a></span>
+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 &pound;1,599 11s. to
+&pound;600; that of the surveyor-general from &pound;2,019
+4s. 4d. to &pound;1,209 12s. 4d., and that of the auditor-general
+from &pound;500 to &pound;346 3s. The salaries of the
+judges, however, remained the same in 1850 as
+they had been in 1836, viz., &pound;1,096 3s. for the chief-justice
+and &pound;750 for each of the puisne judges.
+Wilmot's bill reduced these salaries to &pound;700 for the
+chief-justice and &pound;600 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.</p>
+
+<p>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,<span class='pagenum'><a name="Page_129" id="Page_129">[129]</a></span>
+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.</p>
+
+<div class="sidenote">THE GOVERNOR AND THE JUDGES</div>
+
+<p>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<span class='pagenum'><a name="Page_130" id="Page_130">[130]</a></span>
+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.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> 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.</p></div>
+</div>
+
+<hr /><p><span class='pagenum'><a name="Page_131" id="Page_131">[131]</a></span></p>
+<h2>CHAPTER X<br />
+<small>JUDGE AND GOVERNOR</small></h2>
+
+<p class="cap"><span class="dcap">The</span> 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 <i>Political
+Notes</i>.</p>
+
+<p>"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&mdash;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&mdash;'thus far and no
+farther shalt thou go'."</p>
+
+<p>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<span class='pagenum'><a name="Page_132" id="Page_132">[132]</a></span>
+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.</p>
+
+<p>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.</p>
+
+<p>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 r&eacute;gime. Judge Wilmot
+himself was willing to accept the office as a fitting
+close to his long and active career as a public man;<span class='pagenum'><a name="Page_133" id="Page_133">[133]</a></span>
+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.</p>
+
+<div class="sidenote">OTHER ACTIVITIES</div>
+
+<p>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<span class='pagenum'><a name="Page_134" id="Page_134">[134]</a></span>
+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.<span class='pagenum'><a name="Page_135" id="Page_135">[135]</a></span></p>
+
+<div class="sidenote">INTEREST IN MILITARY MATTERS</div>
+
+<p>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<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a> 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<span class='pagenum'><a name="Page_136" id="Page_136">[136]</a></span>
+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.</p>
+
+<p>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.</p>
+
+<div class="sidenote">HIS DEATH</div>
+
+<p>During the last two or three years of his life he
+suffered much from chronic neuralgia, which sometimes<span class='pagenum'><a name="Page_137" id="Page_137">[137]</a></span>
+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.</p>
+
+<p>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.</p>
+
+<p>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<span class='pagenum'><a name="Page_138" id="Page_138">[138]</a></span>
+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.</p>
+
+<div class="sidenote">A CHAMPION OF THE PEOPLE</div>
+
+<p>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<span class='pagenum'><a name="Page_139" id="Page_139">[139]</a></span>
+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.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> 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.</p></div>
+</div>
+
+<hr />
+
+<div class="bk1" style="width: 315px;">
+<img src="images/002.jpg" width="315" height="500" alt="S. L. Tilley" title="" />
+</div>
+
+<hr />
+<h2>SIR LEONARD TILLEY</h2>
+
+<hr /><p><span class='pagenum'><a name="Page_143" id="Page_143">[143]</a></span></p>
+<h2>CHAPTER I<br />
+<small>EARLY LIFE AND BUSINESS CAREER</small></h2>
+
+<p class="cap"><span class="dcap">The</span> 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.</p>
+
+<div class="sidenote">OF LOYALIST STOCK</div>
+
+<p>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<span class='pagenum'><a name="Page_144" id="Page_144">[144]</a></span>
+his first ancestor in America was John Tilley, who
+came over in the <i>Mayflower</i> 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<span class='pagenum'><a name="Page_145" id="Page_145">[145]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_146" id="Page_146">[146]</a></span>
+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.</p>
+
+<div class="sidenote">EARLY EDUCATION</div>
+
+<p>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<span class='pagenum'><a name="Page_147" id="Page_147">[147]</a></span>
+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<span class='pagenum'><a name="Page_148" id="Page_148">[148]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_149" id="Page_149">[149]</a></span>
+later sit in his own chair in the government
+house.</p>
+
+<div class="sidenote">ENTERS ON BUSINESS LIFE</div>
+
+<p>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.</p>
+
+<p>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<span class='pagenum'><a name="Page_150" id="Page_150">[150]</a></span>
+a remarkable aptitude for debate and public discussions.</p>
+
+<p>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.</p>
+
+<p>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 &amp; 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
+&amp; Sons. It is unnecessary to say anything more
+in regard to Mr. Tilley's life as a business man<span class='pagenum'><a name="Page_151" id="Page_151">[151]</a></span>
+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.</p>
+
+<div class="sidenote">COLONIAL TRADE</div>
+
+<p>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<span class='pagenum'><a name="Page_152" id="Page_152">[152]</a></span>
+of this that he first made his entrance into
+political life.</p>
+
+<div class="sidenote">GENERAL ELECTION OF 1850</div>
+
+<p>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;<span class='pagenum'><a name="Page_153" id="Page_153">[153]</a></span>
+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.</p>
+
+<p>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.<span class='pagenum'><a name="Page_154" id="Page_154">[154]</a></span></p>
+
+<p>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.</p>
+
+<p>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.</p>
+
+<div class="sidenote">NOTABLE CANDIDATES</div>
+
+<p>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,<span class='pagenum'><a name="Page_155" id="Page_155">[155]</a></span>
+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,&mdash;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.</p>
+
+<p>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.</p>
+
+<p>Robert Duncan Wilmot, another of the St. John<span class='pagenum'><a name="Page_156" id="Page_156">[156]</a></span>
+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.</p>
+
+<div class="sidenote">JOHN R. PARTELOW</div>
+
+<p>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<span class='pagenum'><a name="Page_157" id="Page_157">[157]</a></span>
+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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_159" id="Page_159">[159]</a></span></p>
+<h2>CHAPTER II<br />
+<small>ELECTED TO THE LEGISLATURE</small></h2>
+
+<p class="cap"><span class="dcap">Shortly</span> after the general election, Chief-Justice
+Chipman, who had been in infirm health,
+resigned his office, and a vacancy was thus left on
+the bench of the supreme court of the province. In
+the natural course, this office ought to have gone to
+the attorney-general, Mr. L. A. Wilmot, but this
+appointment was not made. The council were unable
+to unite in any recommendation to the governor,
+who consequently laid all the facts before the home
+government and in reply received instructions to
+give the chief-justiceship to Judge Carter and
+to offer the puisne judgeship to Mr. Wilmot, or,
+if he should refuse it, to Mr. Kinnear, the solicitor-general.
+The executive council complained
+that the appointment of Mr. Wilmot to a seat
+on the bench by the authority of the secretary of
+state without the advice or recommendation of the
+responsible executive within the province, was at
+variance with the principles of responsible government
+which were understood to be in force. They,
+however, had only themselves to thank for this, for
+they were continually appealing to Downing Street.
+As a majority of the House had been elected as
+opponents of the government, it was supposed there<span class='pagenum'><a name="Page_160" id="Page_160">[160]</a></span>
+would be no difficulty in bringing about a change
+of administration. Mr. Simonds, of St. John, who
+was reputed to be a Liberal, was elected speaker
+without opposition, and at an early day in the
+session Mr. Ritchie, of St. John, moved, as an
+amendment to the address, a want-of-confidence
+resolution. This resolution, instead of being carried
+by a large majority as was expected, was lost by
+a vote of fifteen to twenty-two, Messrs. Alexander
+Rankine and John T. Williston, of Northumberland,
+Messrs. Robert Gordon and Joseph Reed, of
+Gloucester, Mr. A. Barbarie, of Restigouche, and
+Mr. Francis McPhelim, of Kent, having deserted
+their Liberal allies. Had they proved faithful, the
+government would have been defeated, and the
+province would have been spared another three
+years of an incompetent administration.</p>
+
+<p>In this division, Tilley and Needham, who represented
+the city of St. John, and Messrs. R. D.
+Wilmot and Gray, two of the county members,
+voted for Ritchie's amendment. As Wilmot and
+Gray showed by their votes that they had no confidence
+in the government in February, 1851, it was
+with much surprise that the people of St. John, in
+the August following, learned that they had become
+members of the administration which they had so
+warmly condemned a few months before. Their
+secession from the Liberal party destroyed whatever
+chance had before existed of ousting the government.
+Mr. Fisher had seceded from the government<span class='pagenum'><a name="Page_161" id="Page_161">[161]</a></span>
+in consequence of their action in reference to
+the judicial appointments, and John Ambrose Street,
+who was a member for Northumberland, became
+attorney-general in place of Robert Parker, appointed
+a judge. Mr. Street was a ready debater and
+a strong Conservative, and his entrance into the
+government at that time showed that a Conservative
+policy was to be maintained.</p>
+
+<div class="sidenote">RAILWAY LEGISLATION</div>
+
+<p>Mr. Street, as leader of the government in the
+assembly, presented a long programme of measures
+for the consideration of the legislature, none of
+which proved to be of any particular value. The
+municipal corporation bill was passed, but it was a
+permissive measure, and was not taken advantage
+of by any of the counties. A bill to make the legislative
+council elective, which was also passed in the
+Lower House at the instance of the government,
+was defeated in the Upper Chamber. The bill
+appointing commissioners on law reform was carried,
+and resulted in the production of the three volumes
+of the revised statutes issued in 1854. The most
+important bill of the session, introduced by the
+government, was one in aid of the construction of
+a railroad from St. John to Shediac. This bill provided
+that the government should give a company
+two hundred and fifty thousand pounds sterling, to
+assist in the construction of the line referred to.
+There was also a bill to assist the St. Andrews
+and Quebec Railroad to the extent of fifty
+thousand pounds, and a bonus or subvention to<span class='pagenum'><a name="Page_162" id="Page_162">[162]</a></span>
+the Shediac line amounting to upwards of eleven
+thousand dollars a mile, for which sum a very good
+railway could be constructed at the present time.
+It may be stated here that, although the company
+was formed and undertook to build a railway to
+Shediac under the terms offered by the government,
+the province had eventually to build the road
+at a cost of forty thousand dollars a mile, or fully
+double what a similar road could be constructed
+for now.</p>
+
+<div class="sidenote">KING'S COLLEGE</div>
+
+<p>One of the measures brought forward by the
+government at this session was with reference to
+the schools of the province. The idea of taxing the
+property of the county for the support of public
+schools had not then found any general acceptance
+in New Brunswick; indeed, it was not till the year
+1872 that the measure embodying this principle
+was passed by the legislature. The government
+school bill of 1851 provided that the teachers were
+to be paid in money, or board and lodging, by
+the district to the amount of ten pounds for six
+months, in addition to the government allowance.
+This bill was a very slight improvement on the Act
+then in force, and as the government left it to the
+House to deal with, and did not press it as a
+government measure, it was not passed. A private
+member, Mr. Gilbert, of Queens, at this session
+proposed to convert King's College into an agricultural
+school, with a model farm attached.
+King's College had been established by an Act<span class='pagenum'><a name="Page_163" id="Page_163">[163]</a></span>
+passed in 1829, and had received a large endowment
+from the province, but it never was a popular
+institution because of its connection with a
+single Church. The original charter of the college
+made the bishop of the diocese the visitor, and
+required the president to be always a clergyman of
+the Church of England; and, although this had
+been changed in 1845 by the legislature, the number
+of students who attended it was always small,
+and it was shown in the course of debate that
+it had failed to fulfil the object for which it was
+created. The college council consisted of fifteen
+members, of whom ten were Episcopalians; and the
+visitor, the chancellor, the president, the principal,
+five out of seven of the professors and teachers, and
+the two examiners were members of the same
+Church. The services in the college chapel were
+required to be attended by all resident students,
+and of the eighteen students then in the college,
+sixteen were Episcopalians. It was felt that this
+college required to be placed on a different footing,
+and Mr. Gilbert's bill, although it provoked much
+hostile comment at the time, certainly would have
+been more beneficial to the educational interests of
+the country, if it had passed, than the state of affairs
+which resulted from the continuance of the old
+system. An agricultural school was the very thing
+the province required, while, judging from the
+limited attendance at the college at that time, the
+people of this province were not greatly impressed<span class='pagenum'><a name="Page_164" id="Page_164">[164]</a></span>
+with the value of a classical education. In 1851,
+however, any one who proposed to replace a college
+for the teaching of Greek and Latin with a college
+of agriculture, and the sciences allied to it, was
+looked upon as a Philistine. Then youths were
+taught to compose Latin and to read Greek who
+never, to the day of their death, had a competent
+knowledge of their own language; and agricultural
+studies, which were of the highest importance to
+more than one-half of the people of the province,
+were totally neglected. Mr. Gilbert's bill was
+defeated, as it was certain to be in a legislature
+which was still under the domination of old ideas.
+Had it passed, New Brunswick might at this
+time have had a large body of scientific farmers
+capable of cultivating the soil in the most efficient
+manner, and increasing its productiveness to
+an extent hardly dreamed of by those who only
+consider it in the light of the present system of
+cultivation.</p>
+
+<p>During this session, Mr. Ritchie of St. John
+moved a series of resolutions condemning the government,
+and complaining of the colonial office
+and of the conduct of the governor. These resolutions
+declared: first, that the House was entitled to
+full copies of all despatches addressed to or received
+from the colonial office, and that it was not enough
+merely to send extracts from a despatch which had
+been received by the governor. They declared that
+the power of making appointments to offices was<span class='pagenum'><a name="Page_165" id="Page_165">[165]</a></span>
+vested in the governor by and with the advice of
+the executive council, and that the appointment of
+the chief-justice and a puisne judge by the governor,
+contrary to the advice of his council, was inconsistent
+with the principles of responsible government.
+They complained that the salaries were excessive,
+and condemned the refusal of the British government
+to allow the colonies to grant bounties for the
+development of their resources. These resolutions,
+after being debated for about a week, were rejected
+by a vote of twenty-one to nineteen, the smallness
+of the majority against them at the time being
+looked upon as virtually a Liberal victory. If
+the nineteen had been made up of men who
+could be relied on to stand by their colours in all
+emergencies, it would have been a Liberal triumph,
+but, unfortunately, among the nineteen there were
+some who afterwards deserted their party for the
+sake of offices and power.</p>
+
+<div class="sidenote">A POLITICAL SURPRISE</div>
+
+<p>Early in August it was announced that John H.
+Gray and R. D. Wilmot, two of the Liberal members
+for the county of St. John, had abandoned
+their party and their principles and become members
+of the government. The Liberals of St. John,
+who had elected these gentlemen by a substantial
+majority, were naturally chagrined at such a proof
+of their faithlessness, and their colleagues were likewise
+greatly annoyed. Messrs. Gray and Wilmot
+made the usual excuses of all deserters for their
+conduct, the principal one being that they thought<span class='pagenum'><a name="Page_166" id="Page_166">[166]</a></span>
+they could serve the interests of the constituency
+and of the province better by being in the government
+than out of it. The friends of the four members
+who still remained faithful, Messrs. Tilley,
+Simonds, Ritchie and Needham, held a meeting at
+which these gentlemen were present, and it was
+agreed that they should join in an address to their
+constituents condemning the course of Messrs.
+Wilmot and Gray, and calling on the constituency
+to pronounce judgment upon it. As Wilmot, who
+had been appointed to the office of surveyor-general,
+had to return to his constituency for re&euml;lection,
+the voice of the constituency could only
+be ascertained by placing a candidate in the field in
+opposition to him. This was done, and Mr. Allan
+McLean was elected to oppose Mr. Wilmot. The
+result seemed to show that the people of St. John
+had condoned the offence, for Wilmot was re&euml;lected
+by a majority of two hundred and seventy-three.
+As this appeared to be a proof that they
+had lost the confidence of their constituents,
+Messrs. Simonds, Ritchie and Tilley at once resigned
+their seats and did not offer for re&euml;lection.
+This act was, at the time, thought by many to
+indicate an excess of sensitiveness, and Needham
+refused to follow their example, thereby forfeiting
+the regard of most of those who had formerly
+supported him. The sequel proved that the three
+resigning members were right, for they won much
+more in public respect by their conduct than they<span class='pagenum'><a name="Page_167" id="Page_167">[167]</a></span>
+lost by their temporary exclusion from the House
+of Assembly.</p>
+
+<div class="sidenote">THE ST. JOHN ELECTION</div>
+
+<p>The gentlemen returned for the three seats in
+St. John which had been vacated by the resigning
+members were James A. Harding, John Goddard
+and John Johnson. Mr. Harding, who ran for the
+city, was opposed by S. K. Foster. Harding was
+a Liberal, but this fact does not seem to have been
+kept in view when he was elected. The net result
+of the whole affair was that the constituency of St.
+John could not be relied upon to support a Liberal
+principle, or any kind of principle as against men.
+That has always been a peculiarity of the St. John
+constituencies, men being more important than
+measures, and frequently a mere transient feeling
+being set off against the most important considerations
+of general policy.</p>
+
+<p>Tilley was not in the House of Assembly during
+the sessions of 1852, 1853 and 1854; that period
+was one, however, of development in political
+matters and of substantial progress. The governor's
+speech at the opening of the session of 1852 was
+largely devoted to railways, and it expressed the
+opinion that a railroad connecting Canada and
+Nova Scotia, and a connection with a line from St.
+John to the United States, would produce an abundant
+return to the province, and that by this means
+millions of tons of timber, then standing worthless
+in the forest, would find a profitable market. It
+was during this session that Messrs. Peto, Brassy<span class='pagenum'><a name="Page_168" id="Page_168">[168]</a></span>
+and Betts proposed to construct the European and
+North American Railway, on certain conditions.
+The subsidies offered by the province at this time
+were twenty thousand pounds a year for twenty
+years, and a million acres of land for the European
+and North American Railway, as the line to the
+United States was termed; and for the Quebec
+line, twenty-two thousand pounds sterling for
+twenty years, and two million acres of land. A
+new company, which included Mr. Jackson, M. P.,
+offered to build the New Brunswick section of both
+railroads, upon the province granting them a subsidy
+of twenty thousand pounds a year for twenty
+years, and four million acres of land. Attorney-General
+Street introduced a series of railway resolutions
+favouring the building of the Intercolonial
+Railway jointly by the three provinces, according
+to terms which had been agreed upon by the delegates
+of each. The arrangement was that the Intercolonial
+Railway should be built through the valley
+of the St. John, and for favouring resolutions in the
+House confirming this arrangement, Mr. Street's
+Northumberland constituents called upon him to
+resign his seat, a step which he refused to take.</p>
+
+<div class="sidenote">INTERCOLONIAL RAILWAY</div>
+
+<p>The government railway resolutions were carried
+by a large majority. During the recess Mr. Chandler,
+as a representative of New Brunswick, and Mr.
+Hincks, a representative of Canada, went to London
+to endeavour to obtain from the British government
+a sum sufficient to build the Intercolonial<span class='pagenum'><a name="Page_169" id="Page_169">[169]</a></span>
+Railway. The request of the delegates was refused
+on the ground that such a work had to be one of
+military necessity, and that the route which had
+been selected, by the valley of the St. John, was
+not a proper one for military purposes. As Mr.
+Chandler could not obtain what he wished from the
+British government, he applied to Messrs. Peto,
+Brassy and Betts, who said they were prepared to
+build all the railroads that New Brunswick might
+require, upon the most advantageous terms. Mr.
+Jackson visited the province in September of the
+same year, and it was agreed that his company
+should build a railway from St. John to Amherst,
+and from St. John to the United States frontier,
+the distance being then estimated at two hundred
+and fourteen miles, for the sum of sixty-five hundred
+pounds sterling per mile. The province was
+to take stock to the extent of twelve hundred
+pounds per mile, and to lend its bonds to the
+company for one thousand eight hundred pounds
+additional per mile. The completion of this arrangement
+caused great rejoicing in the province,
+especially in St. John, a special session of the
+legislature being called on October 21st for the
+express purpose of amending the Railway Act so
+that it might conform to the new conditions. As
+both branches of the legislature were strongly in
+favour of the railway policy of the government, the
+necessary bills were speedily passed and the legislature
+was prorogued after a session of eight days.<span class='pagenum'><a name="Page_170" id="Page_170">[170]</a></span></p>
+
+<p>The meeting of the legislature in 1853 derived
+its principal importance from the fact that much of
+its time was taken up with the discussion of the
+question of a reciprocity treaty with the United
+States of America. The discussion disclosed a
+strong disinclination on the part of many members
+to any arrangement by which the fisheries would
+be surrendered. An address to the queen was agreed
+to by both branches of the legislature in which it
+was stated that the exclusive use of the fisheries by
+the inhabitants of British North America would be
+much more advantageous and satisfactory than
+anything which the United States could offer as an
+equivalent. It was also stated that no reciprocity
+treaty with that country would be satisfactory to
+New Brunswick which did not embrace the free
+exchange of raw materials and natural products and
+the admission of colonial built vessels to registry in
+American ports. The tone of the discussions on this
+subject, both in 1853 and 1854, shows that reciprocity
+with the United States was not generally
+regarded as being an equivalent for the giving of
+the fisheries to our neighbours, and it is quite clear
+that, so far as New Brunswick was concerned, the
+reciprocity treaty would not have been agreed to
+had it not been that the matter was in the hands of
+the British government, and that the legislature
+of the province was not disposed to resist strenuously
+any arrangement which that government
+thought it wise to make.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_171" id="Page_171">[171]</a></span></p>
+<h2>CHAPTER III<br />
+<small>THE PROHIBITORY LIQUOR LAW</small></h2>
+
+<p class="cap"><span class="dcap">The</span> 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<span class='pagenum'><a name="Page_172" id="Page_172">[172]</a></span>
+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.</p>
+
+<p>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:&mdash;</p>
+
+<p>"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<span class='pagenum'><a name="Page_173" id="Page_173">[173]</a></span>
+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.</p>
+
+<div class="sidenote">QUESTION OF THE JUDGES REVIVED</div>
+
+<p>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,<span class='pagenum'><a name="Page_174" id="Page_174">[174]</a></span>
+representative institutions and responsible
+government did not exist.</p>
+
+<p>Thus the Street-Partelow government fell, and
+with it disappeared, at once and forever, the old
+Conservative r&eacute;gime 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.</p>
+
+<p>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;<span class='pagenum'><a name="Page_175" id="Page_175">[175]</a></span>
+and William J. Ritchie, Albert J. Smith
+and William H. Steeves were members of the
+government without office.</p>
+
+<p>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.</p>
+
+<div class="sidenote">SESSION OF 1855</div>
+
+<p>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<span class='pagenum'><a name="Page_176" id="Page_176">[176]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_177" id="Page_177">[177]</a></span>
+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.</p>
+
+<div class="sidenote">PROHIBITORY LIQUOR ACT</div>
+
+<p>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<span class='pagenum'><a name="Page_178" id="Page_178">[178]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_179" id="Page_179">[179]</a></span>
+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.</p>
+
+<div class="sidenote">PROHIBITORY ACT UNPOPULAR</div>
+
+<p>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<span class='pagenum'><a name="Page_180" id="Page_180">[180]</a></span>
+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<span class='pagenum'><a name="Page_181" id="Page_181">[181]</a></span>
+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.</p>
+
+<div class="sidenote">DISSOLUTION OF LEGISLATURE</div>
+
+<p>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.</p>
+
+<p>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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_183" id="Page_183">[183]</a></span></p>
+<h2>CHAPTER IV<br />
+<small>REFORM AND PROGRESS</small></h2>
+
+<p class="cap"><span class="dcap">The</span> result of the election was the defeat of the
+government. Mr. Tilley lost his seat for St.
+John city, and the Hon. James Brown, the surveyor-general,
+was rejected by the county of Charlotte, so
+that two of the principal members of the executive
+were not in their places when the House was called
+together in July. The city of St. John, and the
+city and county of St. John, sent a solid phalanx
+of six members opposed to prohibition, and an
+Act repealing the prohibitory liquor law was passed
+by a vote of thirty-eight to two. The new government
+which was formed had for its principal
+members, the Hon. John H. Gray, who became
+attorney-general; the Hon. John C. Allen, solicitor-general;
+the Hon. R. D. Wilmot, provincial
+secretary; the Hon. John Montgomery, surveyor-general,
+and the Hon. Francis McPhelim, postmaster-general.
+The other members of the executive
+council were the Hon. Edward B. Chandler,
+the Hon. Robert L. Hazen and the Hon. Charles
+McPherson.</p>
+
+<p>When the House met in July, the Hon. Charles
+Simonds, of St. John, was elected speaker, and it
+was soon discovered, after the liquor bill had been<span class='pagenum'><a name="Page_184" id="Page_184">[184]</a></span>
+disposed of, that the majority supporting the government
+was so small as to make it impossible
+for them to accomplish any useful legislation. When
+the legislature again met, in the early part of 1857,
+it was seen that in a House of forty-one members
+twenty were arrayed against the government, and
+the only way in which government business could
+be done was by the casting vote of the speaker.
+This condition of affairs speedily became intolerable,
+because it practically made legislation impossible,
+but it was brought to an end by Mr. McMonagle,
+one of the members for the county of
+Kings, withdrawing his support from the government.
+Two courses only were now open to them,
+to tender their resignations or advise the dissolution
+of the legislature, and they chose the latter.
+The House of Assembly was dissolved by proclamation
+on April 1st, 1857, and the writs for the election
+were made returnable on May 16th.</p>
+
+<div class="sidenote">THE FISHER GOVERNMENT</div>
+
+<p>The excitement attending this second election
+was, if possible, even greater than during the
+election of 1856, for the public mind had been
+wrought up to a high state of tension by the proceedings
+in the House and the numerous divisions
+in which the government was supported only by
+the casting vote of the speaker. The result of the
+election was so unfavourable to the Gray-Wilmot
+government that they at once tendered their resignations
+to the lieutenant-governor, agreeing to hold
+office only until their successors were appointed.<span class='pagenum'><a name="Page_185" id="Page_185">[185]</a></span>
+The most bitter contest of the election centred
+in the city of St. John, and it resulted in the
+election of Mr. Tilley, with Mr. James A. Harding
+for his colleague, the latter having changed his
+views in regard to the question at issue since the
+previous election, when he was chosen as an opponent
+of the government of which Tilley had been
+a member. When the Gray-Wilmot government
+resigned, the lieutenant-governor sent for Mr.
+Fisher, and entrusted to him the business of forming
+a new government. The government thus formed
+comprised the Hons. James Brown, S. L. Tilley,
+William Henry Steeves, John M. Johnson, Albert
+J. Smith, David Wark and Charles Watters. The
+Hon. Charles Fisher became attorney-general, and,
+resigning his seat, was re&euml;lected for the county of
+York prior to the meeting of the legislature on
+June 24th, 1857. The session lasted only until July
+1st, being merely held for the purpose of disposing
+of the necessary business. James A. Harding was
+elected speaker of the House, and the legislation was
+confined to the passage of the supply bills, and
+matters that were urgent. Tilley took no part
+in the legislation of this session, for his seat immediately
+became vacant by his appointment as
+provincial secretary. The other departments were
+filled by the appointment of Mr. Brown to the
+office of surveyor-general; of Mr. Charles Watters,
+to the office of solicitor-general, and of John M.
+Johnson as postmaster-general.<span class='pagenum'><a name="Page_186" id="Page_186">[186]</a></span></p>
+
+<p>The legislature met again on February 10th, 1858,
+and the speech from the throne dealt mainly
+with the financial crisis, the Intercolonial Railway,
+and the progress that was being made in
+the construction of the line between St. John and
+Shediac as a part of what was termed the European
+and North American Railway. The speech also
+referred to the fact that the surplus civil list fund
+had been, by arrangement with the British government
+made the previous year, placed at the disposal
+of the House of Assembly. It was soon seen
+that the government was strong in the House, the
+first test vote being that taken on the passage of
+the address in reply to the speech from the throne.
+This came in the form of an amendment, regretting
+that the arrangement in regard to the surplus civil
+list fund had been acceded to without the consent
+of the House. This amendment to the address received
+the support of only six members. A return
+brought down at an early period in the session
+showed that the revenue of the province for the
+fiscal year, ending October 31st, 1857, amounted to
+$668,252 an increase of $86,528 over the previous
+year. Of this sum upwards of $540,000 came from
+import duties and what were termed railway impost,
+which was simply duties levied on imports
+for the purpose of defraying the cost of the railways
+then building. The casual and territorial revenue
+yielded only eighteen thousand pounds but the export
+duties reached almost twenty thousand pounds.<span class='pagenum'><a name="Page_187" id="Page_187">[187]</a></span></p>
+
+<div class="sidenote">INTERCOLONIAL RAILWAY</div>
+
+<p>The Intercolonial Railway still continued to
+engage the attention of the legislature, and correspondence
+with the secretary of state, with the
+government of Canada, and with the government
+of Nova Scotia, in regard to this great work, was
+laid before the House soon after the session opened.
+The government of New Brunswick consulted with
+the governments of Canada and Nova Scotia as to
+what assistance should be given by the imperial
+government towards the construction of the Intercolonial
+Railway from Halifax to Quebec, in the form
+of a guarantee of interest. The British government
+professed to feel a strong sense of the importance
+of the object, but thought they would not be justified
+in applying to parliament for the required guarantee,
+because the heavy expenditures to which
+Great Britain had been subjected did not leave
+them at liberty to pledge its revenue for the purpose
+of assisting in the construction of public works
+of this description, however desirable in themselves.
+The correspondence on the subject of the Intercolonial
+Railway extended over a period of more than
+twenty years and grew to enormous proportions,
+but it is safe to assert that this line of railway
+would not have been constructed in the nineteenth
+century but for the fact that it was undertaken by
+the Canadian Dominion as a work which had to be
+built for the purpose of carrying out the terms
+of confederation as set out in the British North
+America Act (section 145).<span class='pagenum'><a name="Page_188" id="Page_188">[188]</a></span></p>
+
+<p>The railway to Shediac was finally completed
+and opened for traffic on August 5th, 1860, its
+length being one hundred and eight miles. The
+nineteen miles between Pointe du Ch&ecirc;ne and Moncton
+had been open as early as August, 1857, and
+the nine miles from St. John to Rothesay, on June
+1st, 1858. The railway was opened from St. John
+to Hampton in June, 1859, and to Sussex in November
+of the same year. Although the people of
+the province had abated something of their enthusiasm
+for railways by the time the St. John and Shediac
+line was finished, still its opening was a great
+event, because it was the commencement of a new
+era in transportation and gave St. John access to
+the north shore, from which it had previously been
+practically shut out. Goods could now be sent by
+means of railway and steamer to Prince Edward
+Island, and to the New Brunswick ports on the
+Gulf of St. Lawrence, and a community of interest
+which did not exist before was thus created between
+the most remote sections of the province.</p>
+
+<p>The traffic receipts of the complete line were
+thought to be highly satisfactory; the business for
+the first three months amounted to about $45,000,
+and yielded a revenue of $18,000. This was a good
+showing and gave promise of still better things for
+the future. It may be interesting to state that
+in the last year that the railway was operated by
+the government of the province, the gross receipts
+amounted to $148,330, and the net receipts to<span class='pagenum'><a name="Page_189" id="Page_189">[189]</a></span>
+$51,760. The gross and net revenue of the road
+had shown a steady increase from the first, and
+although it had been a costly public work the
+people of the province considered it a good investment.
+It was only after it had passed into the hands
+of the government of Canada, and become a part
+of the Intercolonial Railway, that any colour was
+given to the accusation that it was an unprofitable
+line. The railway from St. John to Shediac had
+always paid well, and probably, if dissociated from
+its connecting lines, would at this day pay three or
+four per cent, upon its original cost.</p>
+
+<div class="sidenote">THE BALLOT</div>
+
+<p>The legislation of the province between 1858
+and 1861, although it included many useful measures,
+evolved nothing that calls for particular
+mention, with the exception of the law which provided
+for voting by ballot. This was an innovation
+to which many were opposed, but which the
+Liberal party very properly considered necessary to
+the protection of the voter, who was liable to be
+coerced by his employer, or by those who had
+financial relations with him. The ballot system
+introduced by the government was quite imperfect
+and did not insure absolute secrecy, because it did
+not provide for an official ballot such as is required
+in the system of election which now prevails in connection
+with the choice of members to our Canadian
+parliament. Yet it was a vast improvement
+on open voting, not only because it gave the voter
+a certain degree of protection, but also from the<span class='pagenum'><a name="Page_190" id="Page_190">[190]</a></span>
+fact that it tended to promote order at elections,
+and to do away with that riotous spirit which was
+characteristic of the earlier contests in the province.</p>
+
+<div class="sidenote">UNIVERSITY OF NEW BRUNSWICK</div>
+
+<p>In 1859 an important step was taken for the
+reorganization of King's College, which by an Act
+passed in that year, was changed into the University
+of New Brunswick. There had always been a great
+deal of dissatisfaction with the college in consequence
+of its denominational character, and in 1854
+an Act was passed empowering the lieutenant-governor
+to appoint a commission to inquire into
+the state of King's College, its management and
+utility, with a view to improving it. The commissioners
+appointed were the Hon. John H. Gray,
+the Rev. Egerton Ryerson, J. W. Dawson, the
+Hon. John S. Saunders and the Hon. James Brown.
+The report, which was dated December 28th, 1854,
+was laid before both branches of the legislature in
+1855. In 1857 the college council appointed a committee
+and prepared a draft of a bill which was laid
+before the legislature. This, with a few slight alterations,
+was the bill which was passed in 1859 for the
+establishment of the University of New Brunswick,
+and in this bill were embodied the principal recommendations
+of the commissioners appointed in 1854
+to enquire into the state of the college. This Act
+transferred to the University of New Brunswick all
+the property of King's College and its endowment,
+and made the university liable for the payment of
+the debts and the performance of the contracts of<span class='pagenum'><a name="Page_191" id="Page_191">[191]</a></span>
+King's College. It created a new governing body
+for the college to be styled the senate, to be
+appointed by the governor in council, and the
+president of the college was required to be a member
+of that body and also to be a layman. It conferred
+upon the senate the power of appointing
+the professors and other officers of the university,
+except the president, and also the power of removing
+them from office, subject to the approval of the
+governor in council. It also authorized the senate
+to fix their salaries. It abolished the professorship
+of theology and provided for the affiliation of other
+institutions with the university, and also for a number
+of free scholars. This Act, which was passed
+in April, 1859, was especially approved by Her
+Majesty in council on January 25th, 1860. Thus a
+new era in the higher education of New Brunswick
+was commenced, and a long step was taken
+towards making the college more acceptable to
+the people of that province. Great hopes were
+entertained at the time that this liberalizing of
+the constitution of the college would lead to a large
+increase in the number of its students, and a more
+general interest in its work, but, unfortunately, as
+the sequel showed, these hopes were only partially
+realized.</p>
+
+<p>During the spring of 1860 circumstances occurred
+which led to the resignation of the postmaster-general,
+the Hon. Charles Connell. The legislature
+having adopted the decimal system of currency in<span class='pagenum'><a name="Page_192" id="Page_192">[192]</a></span>
+the place of the pounds, shillings and pence which
+had been the currency of the province since its
+foundation, Mr. Connell, in March, 1860, was
+authorized to obtain a new set of postage stamps of
+the denominations required for use in the postal
+service of the province. No person, at that time,
+thought that a political crisis would arise out of this
+order, but it appears that Mr. Connell, guided by
+the example of presidents and postmasters-general
+of the United States, had made up his mind that
+instead of the likeness of the queen, which had been
+upon all the old postage stamps of the province, the
+five-cent stamp, the one which would be most in
+use, should bear the impress of his own countenance.
+Accordingly the Connell postage stamp, which is
+now one of the rarest and most costly of all in the
+lists of collectors, was procured and was ready to
+be used, when Mr. Connell's colleagues in the
+government discovered what was going on and took
+steps to prevent the new five-cent stamp from
+being issued. The correspondence on the subject,
+which will be found in the journals of 1861, is
+curious and interesting; it ended in the withdrawal
+of the objectionable stamps and in the resignation
+of Mr. Connell, who complained that he had lost
+the confidence of his colleagues, and in resigning,
+charged them with neglecting the affairs of the
+province. Only a few of the Connell stamps got
+into circulation, the remainder of the issue being
+destroyed. Mr. Connell's place as postmaster-general<span class='pagenum'><a name="Page_193" id="Page_193">[193]</a></span>
+was filled by the appointment of James
+Steadman.</p>
+
+<div class="sidenote">RESIGNATION OF MR. FISHER</div>
+
+<p>In the early part of 1861 a very important event
+occurred in connection with the government which
+produced a lasting effect on provincial politics.
+Charges were made by a St. John Conservative
+paper, <i>The Colonial Empire</i>, in which it was
+stated that members of the government and certain
+Crown lands officials had been purchasing the
+most desirable and valuable Crown lands of the
+province for speculative purposes, and that in bringing
+these lands to sale the government regulations
+had been violated and the public treasury had suffered.
+A committee of the House was appointed to
+investigate these charges, and inquiry established
+the fact that an official of the Crown lands department
+had purchased some eight hundred acres.
+These lands were all bought at public sale, but in
+the forms of application other names were used,
+which was a violation of the rules of the department.
+A portion of the press at the time created a
+widespread excitement upon this subject, and the
+services of the official referred to were dispensed
+with. Some of the supporters of the government
+also took such ground in reference to the attorney-general,
+Mr. Fisher, that his retirement from the
+government became necessary, the accusation
+against him being that he had negligently permitted
+some improper sales of Crown lands to be made. It
+was felt at the time by some that the penalty that<span class='pagenum'><a name="Page_194" id="Page_194">[194]</a></span>
+was paid by the attorney-general was excessive for
+the offence; but, under the excitement then existing,
+it was the only course that could be taken to
+avoid the defeat of the government. At the general
+election that followed a few months later, Mr.
+Fisher was re&euml;lected for the county of York, and
+later on, after the excitement had passed over, the
+delinquent Crown lands official was reinstated. At
+the same election, that took place in 1861, the
+government was handsomely sustained, after one of
+the warmest contests that had ever taken place in
+New Brunswick. Probably the most effective nomination
+speech ever made by Tilley, during his long
+political career, was the one then delivered at the
+court-house, St. John, in his own defence, and in
+the vindication of his government against the
+charges made by the Opposition candidates and
+press.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_195" id="Page_195">[195]</a></span></p>
+<h2>CHAPTER V<br />
+<small>THE INTERCOLONIAL RAILWAY</small></h2>
+
+<p class="cap"><span class="dcap">The</span> imperfect means of communication between
+the Maritime Provinces and Canada
+had long been recognized as a great evil, and very
+soon after the introduction of railways into England
+a line of railway was projected to run from
+St. Andrews, in New Brunswick, to Quebec. The
+transfer of a considerable tract of territory, which
+had been believed to be in New Brunswick, to the
+state of Maine, under the terms of the Ashburton
+Treaty, gave a check to this enterprise, and financial
+difficulties afterwards prevented its accomplishment.
+A more promising scheme was that of a railway
+from Halifax to Quebec, and this so far received
+the approval of the British government that an
+officer of engineers, Major Robinson, was, in 1847,
+detailed to conduct a survey of the proposed line.
+As this gentleman was influenced by purely military
+considerations, his line was carried as far from
+the United States boundary as possible, and consequently
+by a very long and circuitous route. During
+the session of 1852, Attorney-General Street
+introduced a series of resolutions in the New
+Brunswick legislature favouring the building of the
+Intercolonial Railway jointly by Canada, New<span class='pagenum'><a name="Page_196" id="Page_196">[196]</a></span>
+Brunswick and Nova Scotia, according to terms
+which had been agreed upon by the delegates of
+each. This arrangement was that the Intercolonial
+Railway should be built through the valley of the
+St. John. These resolutions were carried by a large
+majority. During the recess, Mr. Chandler, as the
+representative of New Brunswick, and Mr. Hincks,
+the representative of Canada, went to London to
+endeavour to obtain from the British government
+financial aid to build the Intercolonial Railway.
+This was refused on the ground that such a work
+had to be one of military necessity. Further efforts
+were made in 1855, and again in 1858, to influence
+the British government in favour of this railway,
+but without result; the answer of Downing Street
+being that the heavy expenditure involved in the
+Crimean War prevented the government from
+assisting in the construction of public works, such
+as the Intercolonial Railway, however desirable in
+themselves.</p>
+
+<div class="sidenote">DELEGATION TO ENGLAND</div>
+
+<p>The effort to secure the construction of the
+Intercolonial Railway was renewed in 1861. At a
+meeting of delegates representing Canada, Nova
+Scotia and New Brunswick, which was held at
+Quebec on September 30th, it was resolved that
+the three governments should renew the offers
+made to the imperial government in 1858 with
+reference to the Intercolonial Railway, and that
+the route to be adopted be decided by the imperial
+government. The Hon. Mr. Tilley, who was at this<span class='pagenum'><a name="Page_197" id="Page_197">[197]</a></span>
+Quebec meeting, was sent to England as a delegate
+to confer with the imperial government with regard
+to the railway, while Nova Scotia was represented
+by the Hon. Joseph Howe, and Canada, by the
+Hon. P. M. Vankoughnet. The delegates reached
+England in November and placed themselves in
+communication with the Duke of Newcastle, who
+was then colonial secretary, and they also had
+interviews with the prime minister, Lord Palmerston,
+the chancellor of the exchequer, the secretary
+of war, and the president of the board of trade.
+While in England, the seizure of the commissioners
+of the southern confederacy, Messrs. Mason and
+Slidell, by Commodore Wilkes, on board the British
+mail steamer <i>Trent</i>, produced a crisis in the relations
+between Great Britain and the United States
+which seemed likely to lead to a war, and greatly
+strengthened the position of the delegates, who were
+able to point out the difficulty involved in defending
+Canada without a railway to the sea. They
+presented their views to the colonial secretary in a
+very ably written state paper, which should have
+convinced those to whom it was addressed that the
+railway was an absolute necessity. The delegates
+estimated the cost of the railway at &pound;3,000,000
+sterling, and they asked the imperial government
+to join in a guarantee of four per cent. interest on
+this sum, each of the provinces to guarantee &pound;20,000
+a year for this purpose and the imperial government,
+&pound;60,000. This proposal was rejected by the<span class='pagenum'><a name="Page_198" id="Page_198">[198]</a></span>
+British government, but it offered "an imperial
+guarantee of interest towards enabling them to raise
+by public loan, at a moderate rate, the requisite
+funds for constructing the railway." The British
+government, therefore, would do nothing for this
+great work except to indorse the bonds of the provinces
+to a limited extent, for it was stated in the
+Duke of Newcastle's letter to the delegates that
+"the nature and extent of the guarantee must be
+determined by the particulars of any scheme which
+the provincial governments may be disposed to
+found on the present proposal and on the kind of
+security which they would offer."</p>
+
+<p>Delegates representing the three provinces met
+in Quebec in September, 1862, to consider this
+offer, New Brunswick being represented by Messrs.
+Tilley, Steeves and Mitchell. The delegates from
+the Maritime Provinces declared their willingness
+to propose to their respective governments to
+accept the proposition of the Duke of Newcastle
+if Canada would bear one-half of the expense of
+the railway instead of one-third. The Canadian
+government offered to assume five-twelfths of the
+liability for the construction and working of the
+Intercolonial, and to this the delegates for New
+Brunswick and Nova Scotia had to agree. This
+imposed a very serious burthen on two provinces,
+which, between them, had only six hundred thousand
+inhabitants, and their willingness to assume it
+shows the interest they took in this great work.<span class='pagenum'><a name="Page_199" id="Page_199">[199]</a></span></p>
+
+<div class="sidenote">NEGOTIATIONS IN ENGLAND</div>
+
+<p>In pursuance of an arrangement made at this
+Quebec meeting, delegates from the three provinces
+went to England to arrange the terms of the guarantee
+with the British government; the Hon. Mr.
+Tilley represented New Brunswick, and the Hon.
+Joseph Howe, Nova Scotia. Mr. Gladstone, who was
+then chancellor of the exchequer, insisted on a sinking
+fund being provided, which was to be a first
+charge on the revenues of the several provinces.
+This sinking fund was objected to by the colonial
+delegates, but the only modification in its terms
+which they were able to obtain was that the sinking
+fund was not to take precedence of any existing
+liability. Before leaving England, Messrs. Tilley and
+Howe prepared and submitted a memorandum to
+the Duke of Newcastle in which they expressed a
+hope that Mr. Gladstone might be induced to reconsider
+the matter of the sinking fund, and that it
+would not be insisted on. The Canadian delegates
+left England without an acceptance of the terms
+proposed by Mr. Gladstone, and without a formal
+rejection of them. Previous to the meeting of the
+Canadian parliament, Tilley proceeded to Quebec
+to urge upon the Canadian government the preparation
+of the necessary bills to carry out the
+agreement entered into for the construction of this
+great railway. He reported to the lieutenant-governor
+on his return that the government of Canada,
+for reasons stated, could not then undertake to pass
+the legislation required, which they greatly regretted,<span class='pagenum'><a name="Page_200" id="Page_200">[200]</a></span>
+but that they had not abandoned the
+arrangements for the construction of the railway.
+The Canadian government's declaration in the
+course of the session that they had abandoned this
+important enterprise was, accordingly, a source of
+great surprise and regret. The governments of New
+Brunswick and Nova Scotia passed the necessary
+legislation at the next session, but the government
+of Canada took no further step in the matter until
+the confederation negotiations were commenced
+in 1864.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_201" id="Page_201">[201]</a></span></p>
+<h2>CHAPTER VI<br />
+<small>THE MOVEMENT FOR MARITIME UNION</small></h2>
+
+<p class="cap"><span class="dcap">We</span> now come down to an event of the
+greatest interest, in which Mr. Tilley took
+part, and one of such vast and far-reaching importance
+that it quite overshadows all the other
+events of his career. The confederation of the
+Canadian provinces was, beyond all question, the
+most notable colonial movement within the British
+empire since the American Declaration of Independence.
+It changed at once the whole character of
+the colonial relations which had subsisted with the
+mother country, and substituted for a few weak and
+scattered colonies a powerful Dominion, able to
+speak with a united voice, and stand as a helpmeet
+to the nation from which most of its people had
+sprung. No man, whatever his views as to the wisdom
+of that political union may have been at the
+time, can now deny that it was timely and necessary,
+if the colonies and the mother country were to preserve
+their connection with each other. It is safe
+to say that, if confederation had not taken place in
+1867, British interests on this continent would have
+suffered, and possibly some of the colonies would
+now have been a part of the United States. The
+policy of separating the colonies from England,<span class='pagenum'><a name="Page_202" id="Page_202">[202]</a></span>
+which has been so much advocated by many leading
+public men in the great republic, would have found
+free scope, and by balancing the interests of one
+colony against those of another, promoting dissensions
+and favouring those provinces which were
+disposed to a closer union with the United States,
+something might have been done to weaken their
+connection with the British empire, which is now
+the glory and the strength of the Dominion of
+Canada.</p>
+
+<p>The question of the union of the several colonies
+of British North America was by no means a new
+one when it came up for final settlement. It had
+been discussed at a very early period in the history
+of the provinces, and indeed it was a question which
+it was quite natural to discuss, for it seemed but
+reasonable that colonies of the same origin, owing
+the same allegiance, inhabited by people who differed
+but little from each other in any respect, and
+with many commercial interests in common, should
+form a political union. No doubt it might have been
+brought earlier to the front as a vital political question
+but for the fact that the British government,
+which was most interested in promoting the union
+of the colonies, took no step towards that end until
+almost compelled by necessity to move in the
+matter. The colonial policy of England, as represented
+by the colonial office and in the royal instructions
+to colonial governors, has seldom been
+wise or far-seeing, and the British colonies which<span class='pagenum'><a name="Page_203" id="Page_203">[203]</a></span>
+now girdle the world, have been built up mainly
+as the result of private enterprise; for the part
+taken by the government has, in most cases, been
+merely to give official sanction to what private
+individuals have already done, and to assist in protecting
+British interests when they have become
+important, especially in new regions of the world.</p>
+
+<div class="sidenote">CONFEDERATION FORESHADOWED</div>
+
+<p>When the Earl of Durham was sent out as governor-general
+of Canada after the rebellion there in
+1838, he suggested in his report that the union of
+the colonies of British North America was one of
+the remedies which ought to be resorted to for the
+pacification of Canada and the reconstruction of its
+constitution. While a large proportion of the people
+of the colonies looked with favour upon the idea of
+a political union, there was in all of them a large
+body of objectors who were steadily opposed to it.
+People of that kind are to be found in all countries,
+and they have existed in all ages of the world's
+history. They are the persons who see in every new
+movement a thousand difficulties which cannot
+be surmounted. Their minds are constructed on
+the principle of rejecting all new ideas, and clinging
+to old forms and systems long after they have
+lost their vitality. They are a class who look back
+for precedents for any step of a political character
+which it is proposed to take, and who judge of
+everything by the standard of some former age.
+They seem to forget that precedents must be
+created some time or another, and that the present<span class='pagenum'><a name="Page_204" id="Page_204">[204]</a></span>
+century has as good a right to create precedents
+as any of its predecessors. To these people every
+objection that could be urged against confederation
+was exaggerated and magnified, and whenever any
+proposal was made which seemed to tend towards
+the union of the colonies, their voices were heard
+upon the other side. We need not doubt the
+honesty or loyalty of these objectors, or consider
+that they were unfavourable either to British connection
+or to the building up of the empire. It was
+merely their misfortune that they were constitutionally
+adverse to change, and could not see any
+merit in a political movement which involved the
+idea of novelty.</p>
+
+<p>For some time the principal advocate of confederation
+in the Maritime Provinces was the Hon.
+Joseph Howe, a man of such ability and force of
+character that on a wider stage he might have risen
+to eminence, and ranked amongst the world's great
+statesmen.<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a> It is impossible indeed not to regret
+that so great a man, one so imperial in his instincts
+and views, should have been condemned to spend
+his life within the bounds of one small province.</p>
+
+<div class="sidenote">ATTITUDE OF COLONIAL OFFICE</div>
+
+<p>The question of the political union of the British
+North American provinces was brought up in
+the House of Assembly of Nova Scotia in 1854,
+and then the leaders of both parties, the Hon. Mr.
+Johnson for the Conservatives, and the Hon. Mr.<span class='pagenum'><a name="Page_205" id="Page_205">[205]</a></span>
+Howe for the Liberals, united in advocating
+the measure, and in depicting the advantage which
+would accrue from it not only to Nova Scotia,
+but to every British province in North America.
+In 1858 the question of confederation was discussed
+in the parliament of Canada, and such a union was
+made a part of the policy of the government; for
+Mr. A. T. Galt, on becoming a member of the
+administration, insisted upon its being made a
+cabinet question, and Sir Edmund Head, the
+governor-general, in his speech at the close of
+the session, intimated that his government would
+take action in the matter during the recess. Messrs.
+Cartier, Galt, and Ross, who were in England representing
+the government of Canada, waited upon
+the colonial secretary, Sir Edward Bulwer Lytton,
+asking the authority of the imperial government
+for a meeting of representatives from each of
+the colonies to take the question of union into consideration.
+The colonial secretary informed the
+Canadian delegates, no doubt after consultation
+with his colleagues, that the question of confederation
+was necessarily one of an imperial character,
+and declined to authorize the meeting, because no
+expression of sentiment on the subject had as yet
+been received from any of the Maritime Provinces
+except Nova Scotia. The Earl of Derby's government
+fell a few months after this declaration of its
+policy in regard to the colonies, and was succeeded
+by the government of Lord Palmerston, which was<span class='pagenum'><a name="Page_206" id="Page_206">[206]</a></span>
+in office at the time when the negotiations which
+resulted in the confederation of the colonies were
+commenced. At first Lord Palmerston's government
+seems to have been no more favourable to the union
+of the colonies than its predecessor; for in 1862
+the Duke of Newcastle, then colonial secretary, in
+a despatch to the governor-general of Canada, after
+stating that Her Majesty's government was not
+prepared to announce any definite policy on the
+question of confederation, added that, "If a union,
+either partial or complete, should hereafter be proposed,
+with the concurrence of all the provinces
+to be united, I am sure that the matter would
+be weighed in this country both by the public, by
+parliament and by Her Majesty's government, with
+no other feeling than an anxiety to discern and
+promote any course which might be the most conducive
+to the prosperity, strength and harmony of
+all the British communities of North America." It
+must always be a subject of astonishment that the
+British government for so many years should have
+had no definite policy on a matter so momentous,
+and that they should have sought to discourage,
+rather than otherwise, a project which has been
+of such vast importance to the empire.</p>
+
+<p>The first impulse in favour of confederation
+in the minds of the members of Lord Palmerston's
+cabinet seems to have developed about the time
+when it became evident that the result of the civil
+war in the United States would be the defeat of<span class='pagenum'><a name="Page_207" id="Page_207">[207]</a></span>
+the southern confederacy and the consolidation of
+the power of the great republic in a more effectual
+union than that which had existed before. No one
+who was not blind could fail to see that this change
+of attitude on the part of the United States would
+demand a corresponding change in the relations of
+the British colonies towards each other; for from
+being a mere federation of states, so loosely
+connected that secession was frequently threatened
+by states both north and south, the United States,
+as the result of the war, had become a nation with
+a strong central government, which had taken to
+itself powers never contemplated by the constitution,
+and which added immensely to its offensive
+and defensive strength.</p>
+
+<div class="sidenote">A MISSIONARY OF UNION</div>
+
+<p>In 1863, Thomas D'Arcy McGee, a member of
+the Canadian cabinet and a man of great eloquence
+and ability, visited St. John and delivered a lecture
+in the Mechanics' Institute Hall on the subject
+of the union of the colonies. His lecture was fully
+reported in the <i>Morning News</i>, a paper then
+published in that city, and attracted wide attention
+because it opened up a subject of the highest interest
+for the contemplation of the people of the provinces.
+Shortly afterwards a series of articles on the
+same subject, written by the author of this book,
+appeared in the columns of the <i>Morning News</i>,
+and were widely read and quoted. These articles
+followed closely the lines laid down for the union
+of the colonies by the late Peter S. Hamilton,<span class='pagenum'><a name="Page_208" id="Page_208">[208]</a></span>
+of Halifax, a writer of ability whose articles on the
+subject were collected in pamphlet form and extensively
+circulated. Thus in various ways the public
+mind was being educated on the question of
+confederation, and the opinion that the union of
+the British North American colonies was desirable
+was generally accepted by all persons who gave any
+attention to the subject. It was only when the
+matter came up in a practical form and as a
+distinct proposition to be carried into effect, that
+the violent opposition which was afterwards developed
+against confederation began to be shown.</p>
+
+<p>An event occurred in the summer of 1864 which
+had its effect on the question of confederation. Up
+to that time the people of Canada and New Brunswick
+had been almost wholly unknown to each
+other, because the difficulties of travelling between
+the two provinces were so great. Any person who
+desired to reach Montreal at that time from St.
+John had to take the international steamer to
+Portland, Me., and was then carried by the Grand
+Trunk Railway to his destination. Quebec could
+be reached in summer by the steamer from Pictou
+which called at Shediac, but in winter the journey
+had to be made by the Grand Trunk Railway from
+Portland, the only alternative route being the road
+by which the mails were carried from Edmunston
+north to the St. Lawrence. Under these circumstances
+the people of the Canadian provinces
+and of the Maritime Provinces had but few opportunities<span class='pagenum'><a name="Page_209" id="Page_209">[209]</a></span>
+of seeing each other, and the people of
+all the provinces knew much more of their neighbours
+in the United States than they did of their
+fellow-colonists. One result of the Hon. D'Arcy
+McGee's visit in 1863 was an invitation by the city
+of St. John to the legislature of Canada to visit the
+Maritime Provinces. The invitation was accepted
+and a party of about one hundred, comprising
+members of the legislature, newspaper men, and
+others, visited St. John in the beginning of August,
+1864. Their trip was extended to Fredericton,
+where they were the guests of the government
+of New Brunswick, and to Halifax, where they
+were the guests of that city and of the government
+of Nova Scotia. This visit produced a good effect
+upon the public mind, and enabled the Maritime
+people to see what kind of men their fellow-colonists
+of Upper and Lower Canada were.</p>
+
+<div class="sidenote">POLITICAL CRISIS IN CANADA</div>
+
+<p>In the meantime a great crisis had arisen in
+the government of Canada, which was the immediate
+cause of the active part which that province
+took in the confederation movement. When Upper
+and Lower Canada were united in 1841, it was
+arranged that the representation of each province
+in the legislature should be equal. The arrangement
+at that time was favourable to Upper
+Canada, which had a smaller population than
+Lower Canada; but in the course of time, as the
+population of Upper Canada increased faster than
+that of the lower province, the people of Upper<span class='pagenum'><a name="Page_210" id="Page_210">[210]</a></span>
+Canada felt that they had less representation than
+they were entitled to, and this state of affairs
+led to the raising of the cry of "Representation by
+Population" which was so often heard in that
+province prior to the era of confederation. In 1864
+Upper Canada had half a million more people than
+Lower Canada, and yet was only entitled to the
+same number of members in the legislature.
+Another serious difficulty, which arose out of the
+union, was the necessity, which not long afterwards
+began to be recognized, of the government having a
+majority in the legislature from each section of the
+province. This, in time, grew to be so great an evil
+that the successful government of Canada became
+almost impossible, for the majority for the government
+in one province might at any time be disturbed
+by some local feeling, and as a consequence
+the government overthrown. To trace the history
+of the difficulties which arose from this cause would
+be to recite twenty years of the history of Canada;
+but it is only necessary to point out thus plainly
+the reasons for the willingness of the people of
+Upper and Lower Canada to resort to confederation
+as a means of getting rid of their embarrassments.</p>
+
+<div class="sidenote">MACDONALD-BROWN COALITION</div>
+
+<p>In 1863, the Hon. John Sandfield Macdonald
+was leader of the government, but he was compelled
+to resign when parliament met in the early
+part of 1864, and in March of that year a new
+administration under the premiership of Sir E. P.<span class='pagenum'><a name="Page_211" id="Page_211">[211]</a></span>
+Tach&eacute; was formed. This new government developed
+very little strength, and was defeated on
+June 14th by a vote of fifty-eight to sixty, on
+a question relative to some transaction connected
+with bonds of the city of Montreal. A deadlock
+had come, and as it was evident that no new
+government which could be formed was likely
+to command sufficient support, it became necessary
+to make some new arrangements in regard to
+the system of administration. Immediately after
+the defeat of the government, Mr. George Brown,
+leader of the Opposition, spoke to several supporters
+of the administration strongly urging that the
+present time should be availed of for the purpose
+of settling forever the constitutional difficulties
+between Upper and Lower Canada, and assuring
+them that he was prepared to co&ouml;perate with
+the existing or any other administration that would
+deal with the question promptly and firmly, with a
+view to its final settlement. After much negotiation
+Messrs. Brown, Mowat and McDougall, three
+prominent members of the Reform party, agreed
+to enter the government for the purpose of carrying
+out this policy based on a federal union of
+all the provinces.</p>
+
+<div class="sidenote">SCHEME OF MARITIME UNION</div>
+
+<p>Prior to this time there had been various efforts
+made by the government of New Brunswick to
+enter into closer relations with Nova Scotia and
+Prince Edward Island. Previous to the year 1861
+a number of factories of various kinds had been<span class='pagenum'><a name="Page_212" id="Page_212">[212]</a></span>
+established in the Maritime Provinces, but the
+limited market they then enjoyed prevented their
+extension and crippled their operations. To
+remedy this, Mr. Tilley, with the approval of his
+colleagues in the government, visited Nova Scotia
+and Prince Edward Island and proposed to the
+governments of both provinces free admission
+of their natural products and a uniform tariff
+on dutiable goods. In Halifax he had a lengthy
+and satisfactory conference with Mr. Howe, then
+leader of the government, and with Dr. Tupper,
+the leader of the Opposition. Both gentlemen
+agreed that the proposed arrangements would be
+in the interests of the three provinces, and Mr.
+Howe agreed to submit the matter to his government
+with the view of legislative action at the next
+session. Mr. Tilley then proceeded to Charlottetown,
+Prince Edward Island. At the conference
+held with the government there, his proposal
+was not so favourably entertained, the objection
+being that the existing tariff of Prince Edward
+Island was lower than the tariff of either Nova
+Scotia or New Brunswick, and sufficient for the
+financial wants of the Island, and that the necessary
+advance would be imposing taxation beyond their
+requirements. Notwithstanding the failure to
+secure the co&ouml;peration of the Island government,
+it was decided that the joint action of the Nova
+Scotia and New Brunswick legislatures in the
+direction named was desirable. When the Nova<span class='pagenum'><a name="Page_213" id="Page_213">[213]</a></span>
+Scotia legislature met and the public accounts were
+proposed, it was found that a reduction of tariff
+was not practicable, and Howe informed Tilley that
+the scheme would have to be postponed, "though
+in other respects desirable." But the subject was not
+allowed to sleep, and in 1864 there was a renewal of
+the movement for a union of the Maritime Provinces.
+At the session of the New Brunswick legislature
+held that year, resolutions were passed
+authorizing the government to enter into negotiations
+with Nova Scotia and Prince Edward Island
+to hold a convention for the purpose of carrying
+such a union into effect. Similar resolutions were
+carried in the legislatures of Nova Scotia and
+Prince Edward Island, and the convention thus
+authorized was appointed to meet at Charlottetown
+in the month of September following.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> For a full account of Howe's views on confederation see the Hon. J.
+W. Longley's <i>Joseph Howe</i> in this series.</p></div>
+</div>
+
+<hr /><p><span class='pagenum'><a name="Page_215" id="Page_215">[215]</a></span></p>
+<h2>CHAPTER VII<br />
+<small>THE QUEBEC CONFERENCE</small></h2>
+
+<p class="cap"><span class="dcap">The</span> delegates appointed by the government
+of New Brunswick for the purpose of representing
+the provinces at Charlottetown in the convention
+for a union of the Maritime Provinces, were
+the Hon. Messrs. Tilley, Steeves, Johnson, Chandler
+and Gray. The first three were members of the
+government, while Messrs. Gray and Chandler were
+leading members of the Opposition, so that the
+arrangement had the assent of the leaders of both
+political parties and was in no sense a party movement.
+The Nova Scotia delegation consisted of the
+Hon. Charles Tupper, the leader of the government,
+the attorney-general, Mr. Henry, and Mr. Dickey,
+a Conservative supporter, and also the Hon. Adams
+G. Archibald and Jonathan McCully, leaders of
+the Liberal party. The Prince Edward Island delegates
+were also chosen from both sides of politics.
+The convention was opened in due form at Charlottetown
+on September 8th, in the chamber of the
+House of Assembly. The delegations had no power
+to decide finally on any subject, because any arrangements
+they made were necessarily subject to
+the approval of the legislatures of the three Maritime
+Provinces. But at this time the sentiment in favour<span class='pagenum'><a name="Page_216" id="Page_216">[216]</a></span>
+of maritime union was so strong it was confidently
+believed that whatever was agreed upon at Charlottetown
+would become the basis of a future
+union.</p>
+
+<div class="sidenote">CHARLOTTETOWN CONVENTION</div>
+
+<p>The government of Canada had full knowledge
+of what was going on at Charlottetown, and they
+considered the time opportune for the purpose of
+bringing to the notice of the delegates from the
+Maritime Provinces the subject of a confederation
+of all the British North American colonies. A
+telegram was received while the delegates were in
+session announcing that representatives of the government
+of Canada had left Quebec for the purpose
+of meeting the delegates of the Maritime Provinces,
+and placing certain proposals before them. On the
+receipt of this message the further consideration of
+the question which they had met to discuss was
+deferred until after the Canadian delegates had
+arrived. They came in the government steamer
+<i>Victoria</i> on the following day and were found to
+embrace the leading men then in Canadian political
+life,&mdash;the Hons. J. A. Macdonald, George Brown,
+Georges E. Cartier, Alexander T. Galt, Thomas
+D'Arcy McGee, Hector L. Langevin, William
+McDougall and Alexander Campbell. These delegates
+represented the Reform, as well as the Conservative
+party, and were therefore able to speak
+with authority in regard to the views of the people
+of both Upper and Lower Canada. They were
+accorded seats in the convention, and at once submitted<span class='pagenum'><a name="Page_217" id="Page_217">[217]</a></span>
+reasons why in their opinion a scheme of
+union, embracing the whole of the British North
+American colonies, should be adopted. The Hon.
+John A. Macdonald and Messrs. Brown and Cartier
+were heard on this subject, the financial position of
+Canada was explained, and the sources of revenue
+and wealth of the several provinces were discussed.
+Speeches were also made by Messrs. Galt, McGee,
+Langevin and McDougall, and after having commanded
+the attention of the convention for two
+days the Canadian deputation withdrew. Before
+doing so they proposed that if the convention concluded
+to suspend its deliberations upon the question
+of Maritime union, they should adjourn to
+Quebec at an early day, to be named by the governor-general,
+to consider the question of confederation.
+On the following day the convention
+adjourned, on the ground that it would be more
+for the general interest of British North America
+to adopt the larger union than a union of the
+Maritime Provinces merely, and it was thought
+that this might be effected without any very great
+difficulty, for there was then no strong feeling
+evinced in any quarter against confederation.</p>
+
+<p>From Charlottetown the members of the convention
+and the Canadian deputation went to Halifax,
+where they were received most cordially and entertained
+at a banquet. They then took their departure
+for St. John, where they were entertained at a
+public dinner at which many leading men of the<span class='pagenum'><a name="Page_218" id="Page_218">[218]</a></span>
+city were present. The chair was occupied by the
+Hon. John H. Gray, one of the delegates, and the
+expressions in favour of the proposed confederation
+were strong and hearty. No one could have suspected
+at that time that the movement for confederation
+would meet with so much opposition in
+New Brunswick. All seemed plain sailing but, as
+the result showed, the battle for confederation had
+yet to be fought, and it was won only after a long
+and doubtful struggle.</p>
+
+<div class="sidenote">THE QUEBEC CONFERENCE</div>
+
+<p>According to arrangement, the delegations from
+the other provinces met in convention at Quebec
+on October 10th, all the colonies, including Newfoundland,
+were represented and the delegates were
+as follows:&mdash;</p>
+
+<p>Canada.&mdash;Hon. Sir Etienne P. Tach&eacute;, premier;
+Hon. John A. Macdonald, attorney-general west;
+Hon. Georges E. Cartier, attorney-general east;
+Hon. George Brown, president of the executive
+council; Hon. Alexander T. Galt, finance minister;
+Hon. Alexander Campbell, commissioner of
+Crown lands; Hon. William McDougall, provincial
+secretary; Hon. Thomas D'Arcy McGee,
+minister of agriculture; Hon. Hector Langevin,
+solicitor-general east; Hon. J. Cockburn, solicitor-general
+west; Hon. Oliver Mowat, postmaster-general;
+Hon. J. C. Chapais, commissioner of public
+works.</p>
+
+<p>Nova Scotia.&mdash;Hon. Charles Tupper, provincial
+secretary; Hon. W. A. Henry, attorney-general,<span class='pagenum'><a name="Page_219" id="Page_219">[219]</a></span>
+Hon. R. B. Dickey, Hon. Adams G. Archibald,
+Hon. Jonathan McCully.</p>
+
+<p>New Brunswick.&mdash;Hon. Samuel L. Tilley, provincial
+secretary; Hon. John M. Johnson, attorney-general;
+Hon. Edward B. Chandler, Hon. John
+Hamilton Gray, Hon. Peter Mitchell, Hon. Chas.
+Fisher, Hon. William H. Steeves.</p>
+
+<p>Newfoundland.&mdash;Hon. F. B. T. Carter, speaker
+of the House of Assembly; Hon. Ambrose Shea.</p>
+
+<p>Prince Edward Island.&mdash;Hon. John Hamilton
+Gray, premier; Hon. Edward Palmer, attorney-general;
+Hon. W. H. Pope, provincial secretary;
+Hon. George Coles, Hon. A. A. Macdonald, Hon.
+T. H. Haviland, Hon. Edward Whelan.</p>
+
+<p>Sir Etienne P. Tach&eacute;, who was then premier
+of Canada, was unanimously chosen president of
+the conference, and Major Hewitt Bernard, of the
+staff of the attorney-general west, private and
+confidential secretary. It was arranged that the
+convention should hold its meetings with closed
+doors, and it was laid down as a principle of the
+discussion that, as the matters to come up for
+debate were all of a novel character, no man
+should be prejudiced or held liable to the charge
+of inconsistency because he had changed his views
+in regard to any particular matter in the course of
+the discussion. It was also agreed that the vote,
+in case of a division, should be by provinces and
+not by numbers, Canada having two votes, representing
+Canada East and Canada West, and each<span class='pagenum'><a name="Page_220" id="Page_220">[220]</a></span>
+of the other provinces one. This arrangement made
+it quite certain that the interests of the Maritime
+Provinces were not likely to be prejudiced by
+the result of the vote, or the work of the convention.
+It was soon decided that a federal union was
+to be preferred to a legislative union, and on
+the second day of the meeting the outlines of
+the proposed confederation were submitted in a
+series of resolutions by the Hon. John A. Macdonald.
+The general model of the proposed confederation
+was that of the United States, but with
+this difference, that whereas in the United States
+all powers not expressly given by the constitution
+to the federal government are held to belong to
+the several states, in the Canadian constitution all
+powers not expressly reserved to the several
+provinces were held to belong to the federal parliament.
+Thus in the United States the residuum of
+power is in the several states, while in Canada
+it is in the federal union and in the parliament
+of the Dominion. No doubt the recent example of
+the civil war in the United States, which was the
+result of an extreme assertion of state rights, was
+largely responsible for this feature of the Canadian
+constitution. It is clear, however, that it is a
+feature that is to be commended, because its tendency
+is to cause Canadians to regard themselves
+rather as Canadians than as belonging to any
+particular province, while in the United States the
+feeling of statehood is still very strong. There are,<span class='pagenum'><a name="Page_221" id="Page_221">[221]</a></span>
+of course, many other contrasts between the
+Canadian confederation and the federal union of
+the United States, arising from radical differences
+in the system of government. Nothing like
+responsible government, as understood in the
+British empire, exists in the United States, while
+this essential feature had to be preserved in the
+Canadian constitution, not only with reference
+to the Dominion parliament, but also in the
+legislatures of the several provinces.</p>
+
+<div class="sidenote">DIFFICULT QUESTIONS</div>
+
+<p>In all the proceedings at Quebec, Mr. Tilley, as
+the finance minister of New Brunswick, took a
+very prominent part. One great difficulty which
+arose was with respect to the amount of money to
+be given by the federal government to the several
+provinces for legislative purposes, in lieu of the
+revenue which they had been accustomed to obtain
+from customs duties and otherwise. The whole
+customs establishment was to be transferred to the
+central government, and as most of the provinces
+would have no other means of obtaining a revenue
+except by direct taxation, this feature of the matter
+became of very vital importance. The difficulty
+was increased by the fact that by the municipal
+system prevailing in Upper Canada the local needs
+of the municipalities, in the way of roads, bridges,
+schools and other matters, were provided for by
+local taxation, whereas in the Maritime Provinces
+the provincial government had been accustomed to
+bear these burdens. It was therefore an essential<span class='pagenum'><a name="Page_222" id="Page_222">[222]</a></span>
+requisite to any scheme of union, to make it
+acceptable to the people of the Maritime Provinces,
+that sufficient money should be given to the provincial
+governments to enable them to continue
+these services as before. It was difficult to convince
+the representatives of Upper Canada of this,
+and it appears that the conference nearly broke
+up without arriving at any result, simply because
+of the apparently irreconcilable differences of
+opinion between the representatives of the Maritime
+Provinces and those of Canada in regard to this
+point. Finally these differences were overcome,
+and the conclusions of the conference were embodied
+in a series of seventy-two resolutions, which
+were agreed to, and which were to be authenticated
+by the signatures of the delegates, and transmitted
+to their respective governments, and also to the
+governor-general, for the secretary of state for the
+colonies. These resolutions formed the first basis
+of confederation and became what is known as
+the Quebec scheme.</p>
+
+<p>It was perhaps inevitable that during the discussion
+of the scheme of confederation by the Quebec
+convention, the proceedings should be secret,
+but this restriction should have been removed as
+soon as the convention adjourned. That this was
+not done was the principal reason for the very
+unfavourable reception which the Quebec scheme
+met with from the people of New Brunswick,
+when it was placed before them. It was agreed<span class='pagenum'><a name="Page_223" id="Page_223">[223]</a></span>
+at the Quebec conference that the scheme should
+not be made public until after the delegates had
+reported to their respective governments for
+their approval, but it was impossible that a document,
+the terms of which were known to so many
+men, should be kept wholly concealed from the
+public, and so the details of the scheme leaked
+out and soon became a topic for public discussion.
+These discussions would have been conducted in a
+much more friendly spirit if the Quebec scheme
+had been given freely to the world, but as it
+was, prejudices and jealousies, in many cases, darkened
+the question, and made men, who were otherwise
+favourable to confederation, assume an attitude
+of hostility to the Quebec scheme.</p>
+
+<div class="sidenote">SUBVENTIONS TO THE PROVINCES</div>
+
+<p>One of the points which at once attracted the
+attention of the opponents of the scheme was the
+sum allowed to the several provinces for the
+purpose of conducting their local affairs. As the
+provinces had to surrender to the general government
+their right to levy customs and excise duties,
+it became necessary to make up in some way a sum
+sufficient to enable them to carry on those services
+which were still left to the provincial legislatures.
+It was arranged that this sum should be eighty
+cents a head of the population of the provinces as
+established by the census of 1861, which would give
+to New Brunswick something more than two hundred
+thousand dollars. This feature of the confederation
+scheme was eagerly seized upon as being<span class='pagenum'><a name="Page_224" id="Page_224">[224]</a></span>
+a convenient club with which to strike it down.
+The cry was at once raised that the people of New
+Brunswick were asked to sell themselves to Canada
+for the sum of eighty cents a head, and this parrot-like
+cry was repeated with variations throughout
+the whole of the election campaign which followed
+in New Brunswick. It has often been found that a
+cry of this kind, which is absolutely meaningless, is
+more effective than the most weighty arguments,
+for the purpose of influencing men's minds, and
+this proved to be the case in New Brunswick, when
+the question of confederation was placed before the
+people. It was conveniently forgotten by those
+who attacked the scheme in this fashion that, if
+the people of New Brunswick were selling themselves
+to Canada for the sum of eighty cents a head,
+the people of Canada were likewise selling themselves
+to New Brunswick for the same sum, because
+the amount set apart for the provincial legislatures
+was precisely the same in each case. It would not,
+however, have suited the enemies of the confederation
+scheme to view the matter in this light; what
+was wanted was a cry which would be effective for
+the purpose of injuring the scheme and making it
+distasteful to the people who were asked to vote
+upon it.</p>
+
+<div class="sidenote">OPPONENTS OF CONFEDERATION</div>
+
+<p>It is not necessary to assume that those who
+opposed confederation were all influenced by sinister
+motives. Many honest and good men, whose attachment
+to British institutions could not be questioned,<span class='pagenum'><a name="Page_225" id="Page_225">[225]</a></span>
+were opposed to it because their minds were of a
+conservative turn, and because they looked with distrust
+upon such a radical change that would alter
+the relations which existed between the province
+and the mother country. Many, for reasons which
+it is not easy to understand, were distrustful of the
+politicians of Canada, whom they looked upon as
+of less sterling honesty than their own, and some
+actually professed to believe that the Canadians expected
+to make up their financial deficits by drawing
+on the many resources of the Maritime Provinces
+through the confederation scheme. On the other
+hand confederation was opposed in the province of
+New Brunswick by a number of men who could
+only be described as adventurers, or discredited
+politicians, and who saw in this contest a convenient
+way of restoring themselves to influence and
+power. There were also among the opponents of
+the scheme some men who recognized in its success
+the means of perpetuating British power on this
+continent, and who, being annexationists, naturally
+looked with aversion upon it for that reason. The
+vast majority of the people, however, had given
+the matter but the slightest degree of attention, and
+their votes were cast in accordance with prejudice
+hastily formed, which they had an opportunity of
+reconsidering before another year and a half had
+elapsed.</p>
+
+<div class="sidenote">FEELING IN NEW BRUNSWICK</div>
+
+<p>It had been arranged at the convention that the
+first trial of the scheme before the people should be<span class='pagenum'><a name="Page_226" id="Page_226">[226]</a></span>
+made in New Brunswick, the legislature of which
+was about expiring, and accordingly the appeal was
+made to the people and the elections came on in
+the month of March, 1865. The enemies of confederation
+were very active in every part of the province,
+and they left no stone unturned to defeat the
+measure. The great cry upon which they based
+their opposition to the union with Canada was that
+of taxation, and, as the voters of New Brunswick
+were not inclined to favour any policy which involved
+high taxation, the appeals made in this way
+had a powerful effect. All through the rural constituencies
+the Opposition candidates told the electors
+that if they united themselves with Canada
+direct taxation would be the immediate result.
+They said that every cow, every horse, and every
+sheep which they owned would be taxed, and that
+even their poultry would not escape the grasp of
+the Canadian tax-gatherers. In the city of St. John,
+Mr. Tilley and his colleague, Mr. Charles Watters,
+were opposed by Mr. J. V. Troop and Mr. A. B.
+Wetmore. Mr. Troop was a wealthy ship-owner,
+whose large means made him an acceptable addition
+to the strength of the anti-confederate party,
+although previously he had taken no active part
+in political affairs. Mr. Wetmore was a lawyer of
+standing in St. John, who was considered to be one
+of the best <i>nisi prius</i> advocates at the bar, and who
+carried the methods of the bar largely into his
+politics. In the course of time he became attorney-general<span class='pagenum'><a name="Page_227" id="Page_227">[227]</a></span>
+of the province, and later on a judge of the
+supreme court. Mr. Wetmore, when haranguing
+St. John audiences, used to depict the dreadful
+effects of confederation in a manner peculiarly his
+own. His great plea was an imaginary dialogue
+between himself and his little son, that precocious
+infant asking him in lisping tones, "Father, what
+country do we live in?" to which he would reply,
+"My dear son, you have no country, for Mr. Tilley
+has sold us to the Canadians for eighty cents a
+head."</p>
+
+<p>In the county of St. John, the Hon. John. H.
+Gray, Charles N. Skinner, W. H. Scovil and James
+Quinton, who ran as supporters of confederation,
+were opposed by John W. Cudlip, T. W. Anglin,
+the Hon. R. D. Wilmot and Joseph Coram. Mr.
+Cudlip was a merchant, who at one time enjoyed
+much popularity in the city of St. John. Mr.
+Anglin was a clever Irishman, a native of the county
+of Cork, who had lived several years in St. John
+and edited a newspaper called the <i>Freeman</i>, which
+enjoyed a great popularity among his co-religionists.
+He was admitted to be the leader of the Irish
+Catholics of St. John, and had acquired an ascendency
+over them which was not easily shaken; yet
+he was not, as a politician, a great success, nor did
+his efforts to improve the condition of his countrymen
+always lead to satisfactory results. The Hon.
+R. D. Wilmot had been a prominent Conservative
+politician, but was defeated, and had retired to his<span class='pagenum'><a name="Page_228" id="Page_228">[228]</a></span>
+farm at Belmont. For some years he had been devoting
+his abilities to stock-raising; but at the first
+note of alarm on the confederation question he
+abandoned his agricultural pursuits and rushed
+into the field to take part in the contest. Mr.
+Joseph Coram was a leading Orangeman, and a
+highly respected citizen.</p>
+
+<div class="sidenote">A CRITICAL ELECTION</div>
+
+<p>In the county of York, the Hon. George L.
+Hatheway, who was then chief commissioner of the
+board of works, appeared in the field as an Opposition
+candidate, in company with John C. Allen,
+John J. Fraser and William H. Needham. Mr.
+Hatheway deserted the government in its hour of
+need, apparently because he judged from the cries
+that were raised against confederation that the
+current of public opinion was strongly adverse to
+the Quebec scheme. Having left Mr. Tilley in the
+lurch on the eve of the confederation contest, he deserted
+the Smith government sixteen months later,
+when the second confederation election came to be
+run, thereby inflicting upon them a blow from which
+it was impossible they could recover. William H.
+Needham, whose name has already appeared in this
+volume, did not lay claim to any high political
+principles; but having retired some time before to
+private life, he found in the confederation struggle
+a good opportunity of getting into the legislature.
+He was a man of very considerable ability, and had
+his principles been only equal to his knowledge and
+talents, he might have risen to the highest position<span class='pagenum'><a name="Page_229" id="Page_229">[229]</a></span>
+in the province. But his course on many occasions
+made the public distrustful of him, and he died
+without having enjoyed any of those honours which
+men of far less ability have obtained. John James
+Fraser, afterwards governor of New Brunswick,
+was a man of a different stamp, and seems to have
+been a sincere opponent of confederation from conviction.
+The same may be said of John C. Allen,
+afterwards chief-justice of the province, a man
+whose sterling honesty has never been questioned.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_231" id="Page_231">[231]</a></span></p>
+<h2>CHAPTER VIII<br />
+<small>DEFEAT OF CONFEDERATION</small></h2>
+
+<p class="cap"><span class="dcap">The</span> result of the election was the most overwhelming
+defeat that ever overtook any political
+party in the province of New Brunswick. Out
+of forty-one members, the friends of confederation
+succeeded in returning only six, the Hon. John
+McMillan and Alexander C. DesBrisay, for the
+county of Restigouche; Abner R. McClelan and
+John Lewis for the county of Albert; and William
+Lindsay and Charles Connell for the county of Carleton.
+Every member of the government who held a
+seat in the House of Assembly, with the exception of
+the Hon. John McMillan, the surveyor-general, was
+defeated. The majorities against the confederation
+candidates in some of the counties were so large it
+seemed hopeless to expect that any future election
+would reverse the verdict. Both the city and county
+of St. John, and the county of York, made a clean
+sweep, and returned solid delegations of anti-confederates.
+With the exception of the two Carleton
+members, the entire block of counties on the River
+St. John and the county of Charlotte, forming the
+most populous and best settled part of the province,
+declared against the Quebec scheme. On the north
+shore, Westmorland, Kent, Northumberland and<span class='pagenum'><a name="Page_232" id="Page_232">[232]</a></span>
+Gloucester pronounced the same verdict, and, on
+the day after the election, the strongest friends of
+confederation must have felt that nothing but a
+miracle could ever bring about a change in the
+opinion which had been pronounced with such
+emphasis and by so overwhelming a majority.
+Yet fifteen months later the verdict of March, 1865,
+was completely reversed, and the anti-confederates
+were beaten almost as badly as the advocates of confederation
+had been in the first election; such are
+the mutations of public opinion.</p>
+
+<p>Mr. Tilley and his colleagues resigned immediately
+after the result of the elections became known,
+and the Hon. Albert J. Smith was called upon to
+form a new government. Mr. Smith had been attorney-general
+in Mr. Tilley's government up to the
+year 1862, when he resigned in consequence of a
+difference with his colleagues in regard to the negotiations
+which were being carried on for the construction
+of the Intercolonial Railway. He was a fine
+speaker, and a man of ability. At a later period, when
+confederation had been established, he became a cabinet
+minister in the government of the Hon. Alexander
+Mackenzie. His powerful influence was largely
+responsible for the manner in which the North
+Shore counties declared against confederation, and
+he also did much to discredit the Quebec scheme by
+his speeches delivered in the city of St. John. Mr.
+Smith did not take the office of attorney-general in
+the new government, but contented himself with the<span class='pagenum'><a name="Page_233" id="Page_233">[233]</a></span>
+position of president of the council, the Hon. John
+C. Allen, of York, becoming attorney-general, and
+the Hon. A. H. Gillmor, of Charlotte, provincial secretary.
+The Hon. Bliss Botsford, of Westmorland,
+was made surveyor-general; and the Hon. George
+L. Hatheway retained his old office as the chief
+commissioner of the board of works. The other
+members of the government were the Hon. Robert
+Duncan Wilmot, of Sunbury, the Hon. T. W.
+Anglin, of St. John, and the Hon. Richard Hutchinson,
+of Miramichi.</p>
+
+<div class="sidenote">THE NEW GOVERNMENT</div>
+
+<p>The new government looked strong and imposing,
+and seemed to be secure against the assaults of
+its enemies, yet it was far from being as compact
+and powerful as it appeared to the outward observer.
+In the first place, it had the demerit of being founded
+solely on a negative, and upon opposition to a single
+line of policy. The reason why these men were
+assembled together in council as a government was
+that they were opposed to confederation, and, this
+question having been disposed of, they were free to
+differ upon all other points which might arise. Some
+of the men who thus found themselves sitting
+together at the same council board had all their lives
+been politically opposed to each other. The Hon. R.
+D. Wilmot, an old Conservative, could have little
+or no sympathy with Mr. A. H. Gillmor, a very
+strong Liberal. The Hon. A. J. Smith, also a Liberal,
+had little in common with his attorney-general, Mr.
+Allen, who was a Conservative. Mr. Odell, the postmaster-general,<span class='pagenum'><a name="Page_234" id="Page_234">[234]</a></span>
+represented the old Family Compact
+more thoroughly than any other man who could
+have been chosen to fill a public office in New
+Brunswick, for his father and grandfather had held
+the office of provincial secretary for the long term
+of sixty years. As he was a man of no particular
+capacity, and had no qualification for high office,
+and as he was, moreover, a member of the legislative
+council, his appointment to such a position was
+extremely distasteful to many who were strongly
+opposed to confederation. The Hon. Bliss Botsford,
+of Moncton, who became surveyor-general, was
+another individual who added no strength to the
+government. In a cabinet consisting of four men
+in the government who might be classed as Liberals,
+and five who might be properly described as Conservatives,
+room was left for many differences and
+quarrels over points of policy, to say nothing of
+patronage, after the great question of confederation
+had been disposed of. Local feelings also were
+awakened by the make-up of the government, for
+the North Shore people could not but feel that
+their interests were in danger of being neglected, as
+instead of having the attorney-generalship and the
+surveyor-generalship, which had been theirs in the
+previous government, they had to be content with
+a single member in the government, without office,
+in the person of Mr. Richard Hutchinson, who, as
+the representative of Gilmour, Rankine &amp; Co., the
+great lumber house of the North Shore, was extremely<span class='pagenum'><a name="Page_235" id="Page_235">[235]</a></span>
+unpopular, even in the county which had
+elected him. The Hon. Robert Duncan Wilmot was
+perhaps the most dissatisfied man of any, with the
+new cabinet in which he found himself. He had
+not been a fortnight in the government before he
+began to realize the fact that his influence in it was
+quite overshadowed by that of Mr. Smith and Mr.
+Anglin, although neither of them held any office.
+Mr. Wilmot was a man of ability, and of strong
+and resolute will, so that this condition of affairs
+became very distasteful to him and his friends,
+and led to consequences of a highly important
+character.</p>
+
+<div class="sidenote">DISSENSIONS IN THE GOVERNMENT</div>
+
+<p>The new government had not been long in
+existence before rumours of dissensions in its ranks
+became very common. Mr. Wilmot made no secret
+to his friends of his dissatisfaction, and it was
+understood that other members found their position
+equally unpleasant. An element of difficulty was
+early introduced by the resignation of the chief-justice,
+Sir James Carter, who, in September, 1865,
+found it necessary, in consequence of failing health,
+to retire from the bench, rendering it immediately
+necessary for the government to fill his place. The
+Hon. Albert J. Smith, the leader of the government,
+had he chosen, might have then taken the vacant
+position, but he did not desire to retire from political
+life at that time, and the Hon. John C. Allen,
+his attorney-general, was appointed to the bench
+as a puisne judge, while the Hon. Robert Parker<span class='pagenum'><a name="Page_236" id="Page_236">[236]</a></span>
+was made chief-justice. The latter, however, had
+but few weeks to enjoy his new position, dying in
+November of the same year, and leaving another
+vacancy on the bench to be filled. Again, as before,
+the Hon. Mr. Smith declined to go on the bench,
+and the Hon. John W. Weldon, who had been a
+long time a member of former legislatures, and was
+at one time Speaker, was appointed to the puisne
+judgeship, and the Hon. William J. Ritchie was
+made chief-justice. The entire fitness of the latter
+for the position of chief-justice made his appointment
+a popular one, but he was the junior of the
+Hon. Lemuel A. Wilmot as a judge, and the Hon.
+R. D. Wilmot, who was a cousin of the latter,
+thought the senior judge should have received the
+appointment of chief-justice. His disappointment
+at the office being given to another caused a very
+bad feeling on his part towards the government,
+and he would have resigned his seat forthwith but
+for the persuasions of some of those who were not
+friends of the government, who intimated to him
+that he could do them a great deal more damage
+by retaining his seat, and resigning at the proper
+time than by abandoning the government at that
+moment. Mr. Wilmot remained in the government
+until January, 1866, but although of their number,
+his heart was estranged from them, and he may
+properly be regarded as an enemy in their camp.</p>
+
+<div class="sidenote">CONFEDERATION VICTORY IN YORK</div>
+
+<p>Mr. Anglin also had some difference with his
+colleagues with regard to railway matters, and he<span class='pagenum'><a name="Page_237" id="Page_237">[237]</a></span>
+resigned his seat early in November, 1865; still he
+gave a general support to the government, although
+no longer in its councils. But the most severe blow
+which the administration received arose from the
+election in the county of York, which followed the
+seating of the Hon. John C. Allen on the bench.
+The confederation party had been so badly beaten
+in York at the general election that no doubt was
+felt by the government that any candidate they
+might select would be chosen by a very large majority.
+The candidate selected by the government
+to contest York was Mr. John Pickard, a highly
+respectable gentleman, who was engaged in lumbering,
+and who was extremely popular in that county,
+in consequence of his friendly relations with all
+classes of the community and the amiability of his
+disposition. The Hon. Charles Fisher was brought
+forward by the confederation party as their candidate
+in York, although the hope of defeating Mr.
+Pickard seemed to be desperate, for at the previous
+election Mr. Fisher had received only 1,226 votes
+against 1,799 obtained by Mr. Needham, who stood
+lowest on the poll among the persons elected for
+York. Mr. Fisher by his efforts in the York campaign,
+which resulted in his election, struck a blow
+at the anti-confederate government from which it
+never recovered. His election was the first dawn of
+light and hope to the friends of confederation in
+New Brunswick, for it showed clearly enough that
+whenever the people of the province were given<span class='pagenum'><a name="Page_238" id="Page_238">[238]</a></span>
+another opportunity of expressing their opinion on
+the question of confederation, their verdict would
+be a very different one from that which they had
+given at the general election. Mr. Fisher beat Mr.
+Pickard by seven hundred and ten votes, receiving
+seven hundred and one votes more than at the general
+election, while Mr. Pickard's vote fell five
+hundred and seventy-two below that which Mr.
+Needham had received on the same occasion.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_239" id="Page_239">[239]</a></span></p>
+<h2>CHAPTER IX<br />
+<small>TILLEY AGAIN IN POWER</small></h2>
+
+<p class="cap"><span class="dcap">Among</span> 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,<span class='pagenum'><a name="Page_240" id="Page_240">[240]</a></span>
+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.</p>
+
+<div class="sidenote">FENIAN THREATS</div>
+
+<p>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<span class='pagenum'><a name="Page_241" id="Page_241">[241]</a></span>
+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.</p>
+
+<p>The House of Assembly met on March 8th,<span class='pagenum'><a name="Page_242" id="Page_242">[242]</a></span>
+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,&mdash;a
+circumstance which never occurred before in the
+province of New Brunswick, and perhaps not in
+any other British colony.</p>
+
+<p>The members of the House favourable to confederation
+immediately took up the matter, and
+dealt with it as if the government had thereby<span class='pagenum'><a name="Page_243" id="Page_243">[243]</a></span>
+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.</p>
+
+<div class="sidenote">DESERTED BY FRIENDS</div>
+
+<p>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 <i>nisi prius</i>
+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.</p>
+
+<p>The address in reply to the speech from the
+throne was moved in the House of Assembly by<span class='pagenum'><a name="Page_244" id="Page_244">[244]</a></span>
+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<span class='pagenum'><a name="Page_245" id="Page_245">[245]</a></span>
+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."</p>
+
+<div class="sidenote">THE GOVERNMENT RESIGNS</div>
+
+<p>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<span class='pagenum'><a name="Page_246" id="Page_246">[246]</a></span>
+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.</p>
+
+<p>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<span class='pagenum'><a name="Page_247" id="Page_247">[247]</a></span>
+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:&mdash;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.</p>
+
+<div class="sidenote">THE FENIAN INVASION</div>
+
+<p>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,&mdash;a clear proof that the intentions of the
+Fenians were warlike, and that their presence on<span class='pagenum'><a name="Page_248" id="Page_248">[248]</a></span>
+the border was not a mere demonstration. The
+Fenians appeared to have been under the impression&mdash;as
+many residents of the United States are to this
+day&mdash;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<span class='pagenum'><a name="Page_249" id="Page_249">[249]</a></span>
+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.</p>
+
+<div class="sidenote">CONFEDERATION VICTORIES</div>
+
+<p>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<span class='pagenum'><a name="Page_250" id="Page_250">[250]</a></span>
+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.</p>
+
+<p>The election in the county of St. John was held
+on June 6th, and that in the city, on the seventh.<span class='pagenum'><a name="Page_251" id="Page_251">[251]</a></span>
+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,&mdash;three counties in
+which the French vote was very large,&mdash;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.</p>
+
+<div class="sidenote">THE BATTLE IS WON</div>
+
+<p>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<span class='pagenum'><a name="Page_252" id="Page_252">[252]</a></span>
+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.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_253" id="Page_253">[253]</a></span></p>
+<h2>CHAPTER X<br />
+<small>THE BRITISH NORTH AMERICA ACT</small></h2>
+
+<p class="cap"><span class="dcap">One</span> of the great objects of confederation was
+the construction of the Intercolonial Railway
+from St. John and Halifax to Quebec. It was
+thought that there could be no real union between
+the several colonies of British North America
+unless a good means of communication existed, and
+such a means was to be obtained only through the
+construction of this line of railway. The Intercolonial
+Railway, as we have seen, had been a part of the
+policy of successive governments in the province for
+many years, and it became an essential part of the
+scheme of confederation. When confederation was
+accepted by the people of New Brunswick in 1866,
+the Intercolonial Railway had yet to be built.
+Western Extension, as the line to the Maine border
+was called, had only been commenced; Eastern
+Extension, from the Shediac line towards Halifax,
+was in the same condition; in fact, the total mileage
+of the railways in New Brunswick did not
+exceed two hundred miles, and these lines were isolated
+and formed no part of any complete system.
+New Brunswick now has three separate lines of railway
+leading to Quebec and Montreal; it is connected
+with the great railway systems of the continent;<span class='pagenum'><a name="Page_254" id="Page_254">[254]</a></span>
+there is no county in the province which has not a
+line of railway traversing it; and the mileage has
+risen from less than two hundred to more than
+fourteen hundred.</p>
+
+<p>Mr. Tilley realized that the time had come when
+the communities which form the British provinces
+of North America must either become politically
+connected or else fall, one by one, beneath the
+influence of the United States. After confederation
+had been brought about between Canada, New
+Brunswick and Nova Scotia, enough was seen in
+the conduct of American statesmen towards Prince
+Edward Island to show that their design was to
+try to create a separate interest in this colony apart
+from the general interest of Canada. The acceptance
+of the scheme of confederation by Prince
+Edward Island, at a comparatively early period,
+put an end to the plots in that quarter; but in the
+case of Newfoundland the same thing has been
+repeated, and an attempt was made by American
+statesmen to cause the people of that island to
+believe that their interests and those of Canada
+are not identical, and that they would be specially
+favoured by the United States if they held aloof
+from the great Dominion. The attitude of the
+people and congress of the United States towards
+Canada has not been marked, for the most part, by
+any great friendliness. They saw in confederation
+an arrangement that was likely to prevent this
+country from ever becoming absorbed by their<span class='pagenum'><a name="Page_255" id="Page_255">[255]</a></span>
+own, and they believed that by creating difficulties
+for us with respect to the tariff and other matters,
+and limiting the area of our commercial relations,
+they could put such pressure upon Canada as would
+compel our people to unite with them. This scheme
+has failed because it was based on a misconception
+of the spirit of our people; but who will say that it
+would not have succeeded if the several provinces
+which now form the confederation had been disunited
+and inharmonious in their relations and had
+pursued different lines of policy?</p>
+
+<div class="sidenote">HIS SPEECHES</div>
+
+<p>It is unfortunate that, owing to the absence of
+verbatim reports, it is impossible to reproduce
+any of Tilley's speeches during the confederation
+campaign. No speaker that New Brunswick has
+ever produced has been more generally acceptable
+than was Tilley. His speeches were pointed, and
+so clear that they could not be misunderstood.
+He possessed, to a very large extent, that magnetism
+which enabled him to retain the attention and
+to awaken the sympathy of his audience. At all
+the meetings which he addressed, there were many
+who regarded themselves always as his friends and
+supporters and who formed a phalanx around him,
+giving him a confidence and political strength
+which few statesmen have ever enjoyed to a like
+extent. Although his addresses frequently provoked
+the bitter animosity of his enemies, he had
+always enough friends to counteract their influence;
+and during the many contests which he had to fight<span class='pagenum'><a name="Page_256" id="Page_256">[256]</a></span>
+for his seat in the city of St. John, he was always
+able to rely on the loyalty of those who were his
+early associates and who remained his supporters
+until the end of his career. It is quite safe to assert
+that confederation could not have been carried
+had it not been for the personal efforts of Mr.
+Tilley. As the leader of the government which
+had consented to the Quebec scheme, he was
+properly looked upon as the chief promoter of
+confederation in New Brunswick, and his name
+will go down to future generations identified with
+that large and necessary measure of colonial statesmanship.</p>
+
+<div class="sidenote">THE LEGISLATURE MEETS</div>
+
+<p>Although the vote of the electors had been taken
+on the question, much remained to be done before
+confederation could become an accomplished fact.
+The last elections, which were those of Kings
+and Charlotte, were held on June 12th, but more
+than a year was to elapse before the union was
+effected, and the result which the election was
+intended to bring about realized. The first thing
+to be done was to call the legislature together and
+complete the business of the province, which had
+been interrupted by the dissolution. The legislature
+met on June 21st, and the Hon. John H. Gray,
+who had been an active advocate of confederation,
+and who was one of the members for the county
+of St. John, was made Speaker. In the speech
+from the throne the following reference was made
+to the question of confederation:<span class='pagenum'><a name="Page_257" id="Page_257">[257]</a></span>&mdash;</p>
+
+<p>"Her Majesty's government have already expressed
+their strong and deliberate opinion that the
+union of the British North American provinces
+under one government is an object much to be
+desired. The legislatures of Canada and Nova
+Scotia have formed the same judgment, and you
+will now shortly be invited to express your concurrence
+with or dissent from the view taken of
+this great question by those provinces."</p>
+
+<p>The address in reply was moved by Mr. Kerr, of
+Northumberland, and seconded by Mr. Beveridge
+of Victoria, and its consideration was made the
+order of the day for the following Saturday. When
+it came up for discussion the Hon. Albert J. Smith
+was not in his place, and Mr. Botsford, one of his
+colleagues from Westmorland, endeavoured to
+have the consideration of the matter postponed; but
+the House was in no humour to await the convenience
+of any single member, and the address was
+passed the same day by a vote of thirty to seven.
+Attorney-General Fisher, immediately on the passage
+of the address, gave notice of the following
+resolution, which was to be made the order of the
+day for Monday, June 26th:&mdash;</p>
+
+<p>"<i>Resolved</i>, That an humble address be presented
+to His Excellency, the lieutenant-governor,
+praying that His Excellency be pleased to appoint
+delegates to unite with delegates from the other
+provinces in arranging with the imperial government
+for the union of British North America, upon<span class='pagenum'><a name="Page_258" id="Page_258">[258]</a></span>
+such terms as will secure the just rights and interests
+of New Brunswick, accompanied with provision
+for the immediate construction of the Intercolonial
+Railway; each province to have an equal voice in
+such delegation, Upper and Lower Canada to be
+considered as separate provinces."</p>
+
+<p>Mr. Fisher moved the resolution in question in a
+very brief speech, and was replied to by the Hon.
+Mr. Smith, who spoke at great length and continued
+his speech on the following day. Mr. Smith took
+exception to giving the delegates power to fix the
+destinies of the provinces forever, without again
+submitting the scheme of union to the people. He
+proceeded to discuss the Quebec scheme, and took
+exception to the construction of the Upper House
+of the proposed legislature of the confederation,
+declaring that each province should have an equal
+number of representatives in it, as was the case in
+the United States. After going over the ground
+pretty thoroughly and criticizing most of the terms
+of the scheme of confederation, he moved an
+amendment, to the effect that no Act or measure
+for a union with Canada take effect until approved
+by the legislature or the people of the province.</p>
+
+<div class="sidenote">A PLAN FOR CONFEDERATION</div>
+
+<p>The Hon. Mr. Tilley replied to the leader of the
+Opposition in one of the most effective speeches
+that he ever delivered in the legislature. He first
+took up Mr. Smith's allusion to the constitutional
+question, and, with immense power and solemnity,
+he charged that any want of constitutional action<span class='pagenum'><a name="Page_259" id="Page_259">[259]</a></span>
+which existed was due to Mr. Smith and his colleagues.
+He stated that the governor's sympathies
+were with the late government, and that he had
+endeavoured to aid and not to injure them. Mr.
+Smith had alluded to the Hon. Joseph Howe, who
+was then an opponent of confederation, in terms of
+praise, and Mr. Tilley, in reply, read from Mr.
+Howe's speech, made in 1861, a magnificent paragraph
+on the union of British America. Mr. Tilley
+stated that the government would take the Quebec
+scheme for a basis, and would seek concessions to
+meet the views of those who found objection to
+parts of it. He mentioned the various counties of
+the province to show that they were either expressly
+or potentially favourable to the Quebec scheme.
+He was convinced that even his friend, the ex-attorney-general
+and member for Westmorland,
+was hardly against union. He asked, "Was there
+one anti-unionist on the floor of the House?
+Where was Mr. Anglin? Mr. Needham? Mr. Hill
+and all the rest of the anti-unionists? They were
+all swept away and unionists had taken their places,
+and when the arrangements for union were carried
+out, the feeling in its favour would be deeper and
+deeper." Mr. Tilley showed the great advantages
+which would accrue to New Brunswick eventually
+in consequence of confederation. He combated
+the statement made by Mr. Smith that after confederation
+the provincial legislature would become
+a mere farce, showing that of all the Acts passed<span class='pagenum'><a name="Page_260" id="Page_260">[260]</a></span>
+during the previous two years there were only
+seven which would have come under the control of
+the general legislature. Mr. Tilley closed by dwelling
+on the impression of power which union would
+have on the minds of those abroad who were plotting
+our ruin. The speech was listened to with the
+utmost attention by the members of the legislature
+and by a very large audience which completely
+filled the galleries, and it was generally considered
+to have been one of his greatest efforts.</p>
+
+<div class="sidenote">SMITH'S AMENDMENT</div>
+
+<p>The resolution was finally carried by a vote of
+thirty to eight, only two members, both of whom
+would have voted for the resolution, being absent.
+As soon as the confederation resolution was passed
+the Hon. A. J. Smith moved a resolution which,
+after reciting the steps which had already been taken
+in favour of union with Canada, continued as
+follows:&mdash;</p>
+
+<p>"<span class="smcap">Therefore</span>, <i>Resolved</i>, as the deliberate opinion
+of this House, that no measure for such union
+should be adopted which does not contain the following
+provisions, viz.: first, an equal number of
+legislative councillors for each province; second,
+such legislative councillors to be required to reside
+in the province which they represent and for which
+they are appointed; third, the number of representatives
+in the federal parliament to be limited;
+fourth, the establishment of a court for the determination
+of questions and disputes that may arise
+between the federal and local governments as to<span class='pagenum'><a name="Page_261" id="Page_261">[261]</a></span>
+the meaning of the Act of Union; fifth, exemption
+of this province from taxation for the construction
+and enlargement of canals in Upper Canada, and
+for the payment of money for the mines and
+minerals and lands of Newfoundland; sixth, eighty
+cents per head to be on the population as it increases
+and not to be confined to the census of
+1861; seventh, securing to each of the Maritime
+Provinces the right to have at least one executive
+councillor in the federal government; eighth, the
+commencing of the Intercolonial Railway before
+the right shall exist to increase taxation upon the
+people of the province."</p>
+
+<p>Mr. Smith supported his resolution in a lengthy
+speech in which he predicted increased taxation as
+the result of confederation. He said that the House,
+instead of being a deliberative assembly, had to surrender
+its judgment to the government. Confederation
+was a great experiment at best, and called for
+the exercise of other men's judgment. The government
+were going on in the most highhanded manner
+and were not justified in withholding information
+asked for. He elaborated the idea that
+Canada was pledged to issue treasury notes to pay
+present liabilities, and asserted that the government
+was altogether under the control of Canadian politicians.
+He insisted particularly on a provision in
+the Act of Union that each of the Maritime Provinces
+have an executive councillor in the federal
+government. Finally the vote was taken and the<span class='pagenum'><a name="Page_262" id="Page_262">[262]</a></span>
+following amendment, which had been moved by
+the Hon. Mr. Fisher, was carried, only eight members
+voting against it:&mdash;</p>
+
+<p>"<i>Resolved</i>, That the people of this province
+having, after due deliberation, determined that the
+union of British North America was desirable, and
+the House having agreed to request His Excellency
+the lieutenant-governor to appoint delegates for the
+purpose of considering the plan of union upon such
+terms as will secure the just rights of New Brunswick,
+and having confidence that the action of His
+Excellency under the advice of his constitutional
+advisers will be directed to the attainment of
+that end, sound policy and a due regard to the
+interests of this province require that the responsibility
+of such action should be left unfettered by an
+expression of opinion other than what has already
+been given by the people and their representatives."</p>
+
+<p>This ended the battle for confederation in New
+Brunswick, for what remained to be done was
+merely the arrangement of the details of the union
+by the delegates who had received full powers for
+that purpose. The session of the legislature, which
+must be considered one of the most important ever
+held in New Brunswick, came to a close on Monday,
+July 7th. At a meeting of the government held
+immediately after the prorogation, the Hon. Messrs.
+Tilley, Wilmot, Fisher, Mitchell, Johnson and
+Chandler were appointed to go to England as delegates
+for the purpose of meeting delegates from<span class='pagenum'><a name="Page_263" id="Page_263">[263]</a></span>
+Canada and Nova Scotia, and framing the bill
+which was to be passed by the imperial parliament
+for the consummation of confederation. It was
+understood that there would be no delay on the
+part of the delegates from Canada, but Sir John A.
+Macdonald and the other Canadian delegates were
+unable to leave at the time appointed, and did
+not meet the Maritime Provinces delegation in
+England until many months after the latter had
+arrived there. This unfortunate circumstance produced
+much comment at the time, because it looked
+as if the government of Canada was treating the
+delegates of New Brunswick and Nova Scotia with
+discourtesy. Instead of the business being completed
+promptly, as was expected, and the bill passed
+by the parliament during the autumn season, the
+whole matter was thrown over until the following
+year, and the New Brunswick delegates, most of
+whom were prominent members of the government,
+had to remain in England for about ten months at
+great expense and inconvenience.</p>
+
+<div class="sidenote">THE DELEGATES IN ENGLAND</div>
+
+<p>The delegates from the three provinces, Canada,
+Nova Scotia and New Brunswick, met at the
+Westminster Palace Hotel, London, in December,
+1866, the Hon. John A. Macdonald in the chair
+and Lieut.-Col. Hewitt Bernard acting as secretary.
+The resolution passed at the Quebec conference held
+in 1864 was read, and amendments were moved in
+accordance with the suggestions made in the several
+legislatures during the discussions at the previous<span class='pagenum'><a name="Page_264" id="Page_264">[264]</a></span>
+sessions. It was conceded by all that the Intercolonial
+Railway, by which facilities for interprovincial
+commercial intercourse should be secured, must be
+built by the united provinces and without delay.
+It was also conceded that in the provinces where
+separate schools were established by law, that principle
+should not be disturbed. In the discussion it
+was claimed that the sole right of imposing an
+export duty should be vested in the federal authority.
+This was objected to by the New Brunswick
+delegates, on the ground that as the people of that
+province had expended a large sum of money in
+the improving of the navigation of the upper St.
+John, they had to recoup themselves by imposing
+an export duty on lumber shipped from the province.
+A considerable portion of the income thus
+received was paid by the lumbermen of the state of
+Maine, the advantage derived by them from such
+improvements being very great. The claim thus
+presented by the New Brunswick delegates was
+conceded, and the province was permitted to retain
+the right. This right was abandoned after confederation,
+the Dominion paying therefor a hundred
+and fifty thousand dollars per annum to the New
+Brunswick government.</p>
+
+<div class="sidenote">THE BRITISH NORTH AMERICA ACT</div>
+
+<p>During the sitting of the delegates, which lasted
+for two months, many conferences were held with
+Lord Carnarvon, then secretary of state for the
+colonies, and the law officers of the Crown, in regard
+to objections which were taken to some of the resolutions<span class='pagenum'><a name="Page_265" id="Page_265">[265]</a></span>
+adopted by the delegates. The governor-general
+of Canada, Viscount Monck, was in London
+at the time, and was able to render valuable
+assistance during the conference, owing to his intimate
+knowledge of the previous negotiations at
+Quebec. The arrangements there made, in regard
+to the strengthening of the central government,
+founded on the experience of the United States
+during the War of Secession, were adhered to in
+the London resolutions and accepted by the
+imperial authorities. When the bill reached parliament
+some amendments were suggested, but when
+it was pointed out that the bill as presented was
+the result of the most careful consideration of both
+the imperial authorities and the colonial representatives,
+the suggested amendments were not pressed
+and the measure passed through both Houses with
+very little discussion. But one spirit seemed to
+animate both the imperial government and the
+members of parliament, and that was to give the
+provinces interested the fullest powers consistent
+with their relation to the Empire. The parliamentary
+opposition to the measure was much less than
+might have been expected, when it is remembered
+that the opponents of confederation had representatives
+in London, well able to present objections
+from their standpoint, who had the ear of Mr.
+Bright and other members of the House of Commons.
+Her Majesty took a deep interest in the
+measure and expressed that interest to members of<span class='pagenum'><a name="Page_266" id="Page_266">[266]</a></span>
+the delegation, adding that she felt a great affection
+for her loyal Canadian subjects. While the bill
+was before the House of Lords, Messrs. Macdonald,
+Cartier, Galt, Tupper and Tilley were honoured by
+a private presentation to Her Majesty, at Buckingham
+Palace, and shortly afterwards all the
+members of the conference were presented at a
+drawing-room at the same place.</p>
+
+<div class="sidenote">COUNTY COURT ACT</div>
+
+<p>The New Brunswick delegates returned to Canada
+in the spring of 1867, having completed their
+labours, and the legislature was called together on
+May 8th. The business before it was of great
+importance, for the province was entering upon a
+new era as a member of the Canadian confederation,
+and the legislature was about to lose that portion
+of its powers which was delegated to the federal
+parliament. It is not, however, necessary to enter
+into any details of the work of the session, which
+was carried through without any particular difficulty,
+the Opposition being too weak to oppose
+seriously the measures of the government. It was
+felt on all sides that, as twelve members of the legislative
+council were about to become members of
+the senate of Canada, and as fifteen representatives
+were to be elected to the House of Commons, most
+of whom would come from the House of Assembly,
+a striking change would take place in the composition
+of the legislature, which would be deprived of
+the services of a large number of its ablest men. One
+of the important bills of the session was the passage<span class='pagenum'><a name="Page_267" id="Page_267">[267]</a></span>
+of the Act establishing county courts in the province,
+and in respect to this measure a difference of
+opinion took place between Mr. John M. Johnson,
+one of the delegates and member for Northumberland,
+and his fellow delegates to England. He
+thought that the legislature had no authority under
+the terms of confederation, or from any understanding
+between the delegates while in England,
+to create county courts, while the other delegates
+held a different view. The Act was passed, however,
+and has proved to be one of the most useful
+ever placed upon the statute-book, relieving the
+supreme court of many cases, both civil and criminal,
+which would otherwise block its business, and
+enabling them to be disposed of more rapidly than
+before. The county court judges appointed under
+this Act were, with one exception, taken from the
+legislature, and this made another serious drain
+upon its experienced members.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_269" id="Page_269">[269]</a></span></p>
+<h2>CHAPTER XI<br />
+<small>THE FIRST PARLIAMENT OF CANADA</small></h2>
+
+<p class="cap"><span class="dcap">The</span> British North America Act, by which
+the provinces of Upper and Lower Canada,
+New Brunswick and Nova Scotia were bound into
+a confederation, came into force by royal proclamation
+on the first day of July, 1867. When it is considered
+how vast and vital a change this measure
+brought about, it is surprising that it produced so
+little excitement anywhere. With the exception of
+one or two demonstrations which were made with
+flags by persons hostile to confederation, it was
+received in the province of New Brunswick, which
+had been so much excited during two elections,
+with perfect calmness, and although for some years
+afterwards there were always a number of persons
+opposed to union who predicted direful things from
+confederation, and thought it must finally be dissolved,
+the voices of such persons were eventually
+silenced either by death or by their acquiescence in
+the situation. To-day it may be safely declared
+that the Canadian confederation stands upon as
+secure a foundation as any other government in the
+civilized world.</p>
+
+<p>In June, 1867, the Hon. John A. Macdonald, the
+leading spirit in the government of Canada, was<span class='pagenum'><a name="Page_270" id="Page_270">[270]</a></span>
+entrusted by Lord Monck, then governor-general,
+with the formation of a ministry for the Dominion.
+Mr. Macdonald naturally experienced a good deal
+of difficulty in making his arrangements. In the
+formation of the first ministry much care was necessary;
+provincial and national interests were to
+be thought of and denominational claims had to
+receive some attention. But the greatest difficulty
+arose with respect to old party lines. Mr. Macdonald
+thought that these ought, as far as possible,
+to be ignored, and accordingly selected his
+men from the leading advocates of confederation
+belonging to both parties, placing in his cabinet
+seven Conservatives and six Liberals. The Liberals
+included the names of Mr. W. P. Rowland and
+Mr. William MacDougall for Ontario. A large
+number of the Liberals of Ontario, including
+George Brown and Alexander Mackenzie, opposed
+this arrangement, called a public meeting in
+Toronto, and passed resolutions in favour of a
+strictly party government on the old lines. It declared
+hostility to the proposal for a coalition, and
+resolved to oppose Messrs. Rowland and MacDougall,
+should they accept office under Mr.
+Macdonald. This decision was carried out, but
+these gentlemen were both elected by good majorities.
+In this first ministry there were five members
+from Ontario, four from Quebec, two from
+Nova Scotia, and two from New Brunswick: S. L.
+Tilley and Peter Mitchell.<span class='pagenum'><a name="Page_271" id="Page_271">[271]</a></span></p>
+
+<p>The wisdom of the course adopted will be apparent
+when it is remembered that the question of
+confederation was not settled or carried on party
+lines, some of the Conservatives opposing and some
+Liberals supporting it. This was clearly the case in
+New Brunswick, as shown by the last two elections
+held there. About one-third of the Liberal party,
+and a like proportion of the Conservative party,
+opposed confederation at the second election. To
+have formed the first government on a party basis
+would have necessitated the selection of some men
+who were opposed to the union, and whose efforts
+might not have been devoted to making it a success.</p>
+
+<div class="sidenote">FIRST CONFEDERATION MINISTRY</div>
+
+<p>The first confederation ministry was a very
+strong one. The Hon. John A. Macdonald became
+premier and minister of justice; the Hon. George
+E. Cartier was minister of militia and defence;
+Alexander T. Galt was minister of finance; the
+Hon. William MacDougall was minister of public
+works; the Hon. W. P. Rowland was minister of
+inland revenue; the Hon. A. J. F. Blair, president
+of the privy council; the Hon. Alexander Campbell,
+postmaster-general; the Hon. J. C. Chapais,
+minister of agriculture; the Hon. Hector L. Langevin,
+secretary of state. The Hon. Mr. Tilley
+became minister of customs and the Hon. Mr.
+Mitchell minister of marine and fisheries, while the
+two Nova Scotia representatives, Messrs. Archibald
+and Kenny, became respectively secretary of state
+for the provinces and receiver-general.<span class='pagenum'><a name="Page_272" id="Page_272">[272]</a></span></p>
+
+<p>It will thus be seen that the Maritime Provinces
+had four representatives out of thirteen members of
+the cabinet, and this proportion has generally been
+maintained since that time; so that the fears of
+those who anticipated that the provinces by the sea
+would not receive fair treatment in the distribution
+of high offices have proved to be groundless. On
+the contrary, it can be said that the Maritime Province
+members of the government appear always to
+have occupied a very influential position.</p>
+
+<p>The office of minister of customs, which Mr.
+Tilley received, was thought by some of his friends
+to be less important than he deserved, they being
+of the opinion that he should have been made minister
+of finance. This office, however, went to Mr.
+Galt, who, owing to a difference with the rest of
+the government, resigned four months later, his
+place in the cabinet being taken by Sir John Rose,
+who held the office of finance minister until October,
+1869, Sir Francis Hincks then receiving the
+appointment. It was not until the resignation of
+the latter in February, 1873, that Mr. Tilley became
+minister of finance. The office at first assigned
+to him, however, was one of great importance,
+involving as it did the reorganization of the entire
+establishment of the customs of Canada, and it
+gave ample scope for his great ability as a business
+man.</p>
+
+<p>The elections for the House of Commons in the
+new parliament of Canada took place in August,<span class='pagenum'><a name="Page_273" id="Page_273">[273]</a></span>
+when Tilley was chosen to represent the city of St.
+John, and John H. Gray, the county. It had been
+expected, in view of the fact that these men had
+been so largely instrumental in bringing about
+confederation, that they would be allowed to walk
+over the course unopposed. This was the case
+with Mr. Gray, whose candidature met with no
+opposition; but Mr. Tilley was opposed by Mr.
+John Wilson, who received a very small vote. This
+needless and futile opposition to the candidature of
+a man who deserved so well from the province,
+was merely one of the proofs of the existence of
+political rancour in the breasts of those who had
+been defeated on the confederation question.</p>
+
+<div class="sidenote">FIRST CANADIAN PARLIAMENT</div>
+
+<p>The first parliament of united Canada met on
+November 6th, 1867, and the address was moved
+by the Hon. Charles Fisher, who had been elected
+to represent the county of York. The session
+was a very long one, lasting until May 22nd of
+the following year; but there was an adjournment,
+extending from December 21st to March
+20th. This meeting of parliament was especially
+memorable, inasmuch as it brought together, for the
+first time, the representatives of all the provinces,
+and the ablest men of all political parties. The
+people of Ontario and Quebec were little known
+to the people of the Maritime Provinces, and those
+who resided in the larger provinces in like manner
+knew comparatively little of their fellow-subjects
+who dwelt by the sea. It was expected by some<span class='pagenum'><a name="Page_274" id="Page_274">[274]</a></span>
+that the Maritime Province representatives would
+be completely overshadowed by men of greater
+political reputation belonging to the larger provinces,
+but this did not prove to be the case. The
+Maritime representatives at once took a leading
+position in parliament, and this position they have
+steadily maintained down to the present time. No
+man stood better in the House of Commons than
+the representative from St. John, the Hon. S. L.
+Tilley. At that time Her Majesty, the Queen, in
+acknowledgment of his services in the cause of
+confederation, had created him a Companion of
+the Bath, a distinction which was also given to
+the Hon. Charles Tupper, of Nova Scotia.</p>
+
+<p>A vast amount of business had to be disposed of
+at the first session of the parliament of Canada.
+Although the Union Act embodied the plan upon
+which confederation was founded, it was necessary
+to supplement it by a great deal of special legislation,
+for the purpose of interpreting it and making
+preparations for the practical working of the constitution.
+In all the discussions relative to the
+measures which had to be passed at that time,
+Tilley took a prominent part, and, when the session
+was over, he had established in the House of Commons,
+as fully as he had in the legislature of New
+Brunswick, a reputation for ability as a speaker and
+as a man of affairs. He was looked upon as one
+whose wide knowledge of the needs of the province
+and whose experience in departmental work were<span class='pagenum'><a name="Page_275" id="Page_275">[275]</a></span>
+likely to be of the greatest use to the confederation.
+His high character gave weight at all times to his
+words, and caused him to be listened to with the
+most respectful attention. During the whole period
+that Tilley sat in the House of Commons, he had
+the pleasure of knowing that even his political
+enemies respected his character and abilities, and,
+with the exception of the premier, perhaps no man
+wielded a more potent influence in the councils
+of the Dominion than he.</p>
+
+<p>It is not necessary here to trace to any large
+extent the career of Sir S. L. Tilley in the parliament
+of Canada; that belongs rather to the history
+of the Dominion than to a work which deals
+particularly with his connection with his native
+province. Only so much of his public life in the
+House of Commons will be dealt with as seems
+necessary to complete his personal history. Tilley
+continued to hold the position of minister of customs
+during the whole of the term of the first
+parliament of Canada. This parliament held five
+sessions and dissolved in the summer of 1872, the
+general election being in the month of July, upon
+which occasion he was re&euml;lected for the city of St.
+John without opposition.</p>
+
+<div class="sidenote">MINISTER OF FINANCE</div>
+
+<p>The second parliament met on March 5th,
+1873. Eleven days before that time Mr. Tilley
+had become minister of finance, succeeding Sir
+Francis Hincks, who had resigned that office after
+holding it for more than three years. The advancement<span class='pagenum'><a name="Page_276" id="Page_276">[276]</a></span>
+of Mr. Tilley to this responsible and influential
+position was very pleasing to his friends, and
+was received with satisfaction by the country
+generally.</p>
+
+<p>The first confederation ministry of Canada resigned
+office on November 5th, 1873, under circumstances
+which are a part of the political history
+of the Dominion and need not be gone into in
+this volume, further than to say that, whatever
+basis there may have been for charges of corruption
+in connection with the Pacific Railway contract
+against other persons in the government,
+none were ever preferred against Mr. Tilley; nor
+did any one suspect or believe that he had anything
+whatever to do with the transactions which
+led to the resignation of the government. Prior
+to that event Mr. Tilley had been appointed lieutenant-governor
+of the province of New Brunswick
+in succession to the Hon. Lemuel A. Wilmot,
+whose term had expired. Every one felt that
+the honour thus bestowed upon Tilley was a most
+fitting one, for he was New Brunswick's foremost
+son in political life, and had reached his high position
+purely through his own ability and his own
+good character. That position he filled a greater
+number of years than any of his successors are
+likely to do, and it is admitted on all sides that no
+man could have performed the duties of the office
+more satisfactorily than he did.</p>
+
+<hr /><p><span class='pagenum'><a name="Page_277" id="Page_277">[277]</a></span></p>
+<h2>CHAPTER XII<br />
+<small>FINANCE MINISTER AND GOVERNOR</small></h2>
+
+<p class="cap"><span class="dcap">Mr. Tilley</span> took up his residence in the old
+Government House, Fredericton, and he must
+have been struck with the changed aspect of affairs
+from that presented under the old r&eacute;gime, when
+lieutenant-governors were appointed by the British
+government and sent out from England to preside
+over the councils of a people of whom they knew
+little or nothing. Most of these former governors
+had been military men, more accustomed to
+habits of command than to deal with perplexing
+questions of state. They looked with a very natural
+degree of impatience on the attempts which the
+people of the province were making to get the full
+control of their own affairs. Under the old r&eacute;gime
+the governor was surrounded with military guards,
+and sentries paced the walks and guarded the
+entrances to the Government House. The withdrawal
+of the British troops from Canada before the
+lieutenant-governorship of Mr. Tilley commenced
+relieved him of any embarrassment in regard to
+dispensing with military guards and sentries; but
+all pretentious accompaniments of authority were
+foreign to his nature, and he always showed, by the
+severe simplicity of his life, that he felt he was one<span class='pagenum'><a name="Page_278" id="Page_278">[278]</a></span>
+of the people, and that it was his duty as well as his
+pleasure to permit all who had any occasion to see
+him to have free access to him, without the necessity
+of going through any formal process.</p>
+
+<div class="sidenote">THE PROTECTIONIST TARIFF</div>
+
+<p>When Mr. Tilley became lieutenant-governor of
+the province, he was fifty-five years of age, and he
+seems to have thought that his political career was
+ended, because, by the time his term of office expired
+in its natural course, he would have reached the age
+of sixty, a period when a man is not likely to make
+a new entrance into public life. But circumstances,
+quite apart from any desire on his part, made it
+almost necessary for him to change his determination,
+and during the summer of 1878, when the
+general election was imminent, he found himself
+pressed by his old political friends to become once
+more the candidate of his party for his old constituency,
+the city of St. John. There was great enthusiasm
+amongst them when it was announced that he
+would comply with their wishes, and that he had
+resigned the lieutenant-governorship. The result of
+that general election is well known. The Liberal
+party, which had succeeded to the government less
+than five years before with a large majority in the
+House of Commons, experienced a severe defeat, and
+the Hon. Alexander Mackenzie, seeing this, very
+properly did not await the assembling of parliament,
+but sent in the resignation of the ministry, and Sir
+John A. Macdonald was called upon to form a new
+government. In the cabinet thus constructed Mr.<span class='pagenum'><a name="Page_279" id="Page_279">[279]</a></span>
+Tilley resumed his old office of minister of finance,
+and one of his first duties was to assist in the framing
+of a new customs tariff which was to give
+effect to the principle, upon which the election
+had been run, of protection to home industries.
+This idea of protection had not been heard of in
+the Canadian confederation as the policy of any
+political party until Sir John A. Macdonald took it
+up about a year before the general election, but it
+proved a winning card and was the means of giving
+the new government a long lease of power.</p>
+
+<p>Sir Leonard Tilley's speech in introducing the
+new tariff was well received and made a strong
+impression upon all who heard it. It was admitted,
+even by those who were opposed to the
+views he held, that he showed a great mastery of
+the details, and that he illustrated in a very clear
+manner the view that the country was suffering
+because the duties imposed upon foreign goods
+were not sufficiently high to protect Canadian
+manufactures.</p>
+
+<p>It is not the intention of this volume to deal to
+any full extent with the career of Sir Leonard
+Tilley during his second term of office as minister
+of finance of Canada. To enter into that phase of
+his career would be to relate the history of Canada,
+for he was but one member of the government, and
+not its leader. It is admitted that, in respect to
+financial questions, Sir Leonard showed the same
+ability that had characterized his career during his<span class='pagenum'><a name="Page_280" id="Page_280">[280]</a></span>
+previous term of office, and he was looked upon by
+his colleagues as a man in whose judgment the
+utmost confidence could be placed. At this time,
+however, his health began to fail, and the disease
+which finally carried him off developed to such an
+extent that he was told he must cease all active
+work or his days would be shortened. Under these
+circumstances, it became necessary for him to retire
+from the severe duties of his very responsible and
+laborious office, and on October 31st, 1885, he was
+again appointed lieutenant-governor of New Brunswick,
+an office which he had filled with so much
+acceptance between 1873 and 1878. Sir Leonard
+Tilley continued lieutenant-governor during a
+second term, for almost eight years, or until the
+appointment of the Hon. John Boyd to that position.
+He was lieutenant-governor of New Brunswick
+for considerably more than twelve years, a
+record which is not likely to be equalled by any
+future lieutenant-governor for many years to come,
+if ever.</p>
+
+<div class="sidenote">SECOND TERM AS GOVERNOR</div>
+
+<p>There was no event of particular importance to
+distinguish Sir Leonard Tilley's second term as
+lieutenant-governor. The Hon. Mr. Blair was premier
+of New Brunswick during the whole period,
+and there was no political crisis of any importance
+to alter the complexion of affairs. The only event in
+connection with the governorship which is worthy
+of being mentioned is the change that was made
+by the abandonment of the old Government House,<span class='pagenum'><a name="Page_281" id="Page_281">[281]</a></span>
+at Fredericton, as the residence of the lieutenant-governor.
+This building had become antiquated,
+and in other ways unsuitable for the occupancy of
+a lieutenant-governor, and its maintenance involved
+a very large expenditure annually, which the province
+was unable to afford. It was therefore determined
+that in future the lieutenant-governor should
+provide his own residence, and that the amount
+spent on the Government House annually should
+be saved. Sir Leonard Tilley built a residence in
+St. John, in which he lived for the remainder of
+his life, and the seat of government, so far as his
+presence was concerned, was transferred to that
+city. Sir Leonard Tilley was always on the most
+cordial terms with the various premiers who led
+the government of New Brunswick during their
+terms of office. He knew well the strict constitutional
+limits of his office, and was always careful
+to confine his activities within their proper scope.
+The lessons of responsible government which he
+had learned in his early youth, and which had been
+the study of his manhood, enabled him to avoid
+those pitfalls which beset the steps of earlier
+lieutenant-governors.</p>
+
+<p>During Sir Leonard Tilley's last term of office,
+and after its close, he abstained wholly from any
+interference with public affairs in the Dominion,
+and although he still remained steadfastly attached
+to the Liberal-Conservative party, he gave no outward
+sign of his desire for their success. This neutral<span class='pagenum'><a name="Page_282" id="Page_282">[282]</a></span>
+position which he assumed in political matters
+had the effect of drawing towards him thousands
+of his fellow-countrymen who, in former years, had
+been accustomed to regard him with unfriendly
+feelings. They forgot the active political leader and
+saw before them only the aged governor, whose
+venerable figure and kindly face were so familiar at
+social or other gatherings, or whenever work was
+to be done for any good cause. In this way Sir
+Leonard Tilley grew to assume a new character in
+the public estimation, and at the time of his death
+the regret was as great on the part of those who
+had been his political opponents as among those
+who had been his associates in political warfare.
+This was one of the most pleasing features of his
+declining years, and one that gave him the greatest
+satisfaction, because it enabled him to feel that he
+enjoyed the affectionate regard of the whole body
+of the people.</p>
+
+<p>Sir Leonard Tilley throughout his life gave
+great attention to his religious duties. He was a
+devoted member of the Church of England, and his
+attendance at its services was constant and regular.
+For several years before his death he was connected
+with St. Mark's congregation, and no cause, except
+severe bodily illness, was ever allowed to prevent
+him from going to church on Sunday morning. On
+many occasions, when his steps had grown feeble
+and his strength was failing, it was suggested to him
+that he should drive to church, but he always replied<span class='pagenum'><a name="Page_283" id="Page_283">[283]</a></span>
+that he would walk to church as long as he had
+strength left to do so, and that he would not have
+people harnessing up horses on the Sabbath Day on
+his account. This resolution he maintained to the
+end of his life. Sometimes, when he met an old
+acquaintance, as he toiled up the street which led
+to his favourite church, he would cheerfully greet
+him by saying, "John, this hill has grown steeper
+than it used to be," but he climbed the hill to the
+end, and the last Sunday he was able to be out of
+his bed he walked to church as usual. He also took
+a deep interest in all humane and philanthropic
+objects as well as in the great work connected with
+the spread of the Gospel. He was a constant
+attendant at the annual meetings of the British
+and Foreign Bible Society, and was a life member
+of that admirable association.</p>
+
+<div class="sidenote">HIS IMPERIAL HONOURS</div>
+
+<p>The honours that Sir Leonard Tilley received
+from Her Majesty, in recognition of his great public
+services, were very gratifying to his friends as well
+as to himself, and when he was made a Knight
+Commander of St. Michael and St. George, in 1879,
+his temperance friends embraced the first opportunity
+on his return to St. John to have a banquet
+in his honour, at which he wore, for the first time
+in public, the insignia of the knightly order of which
+he had become a member. There was probably no
+public event in the whole course of his life which
+gave him greater pleasure than this proof of the
+attachment of his old friends.<span class='pagenum'><a name="Page_284" id="Page_284">[284]</a></span></p>
+
+<p>Sir Leonard's last visit to England was marked
+by an extremely gracious invitation to visit the
+queen at Osborne, in the Isle of Wight. While he
+and Lady Tilley were sojourning at Cowes a message
+was sent summoning them to Osborne House,
+where they were received by Her Majesty in the
+beautiful grounds that surround that palace. The
+Princess Louise and Princess Beatrice, with an
+equerry in waiting, were the only other persons
+present. After an interesting conversation they
+were permitted to visit the private apartments of
+Her Majesty, and the Prince Consort's farm.</p>
+
+<p>Sir Leonard Tilley was first married in 1843 to
+Julia Ann, daughter of the late James T. Hanford,
+who died in 1862. By her he had seven children,
+two sons and five daughters. In 1867, he married
+Alice Starr, daughter of the late Z. Chipman, of
+St. Stephen. By this marriage he had two sons,
+Mr. Herbert C. Tilley, of the Imperial Trust
+Company, who resides in St. John, and Mr. L. P.
+DeWolfe Tilley, barrister, who is also a resident of
+St. John. These two sons, Herbert and Leonard,
+were the prop and comfort of his declining years
+and were devoted wholly to him to the end.</p>
+
+<div class="sidenote">LADY TILLEY</div>
+
+<p>Sir Leonard Tilley's second marriage was contracted
+at the time when he was exchanging the
+limited field of provincial politics for the wider
+sphere which confederation opened up to him in
+the parliament of Canada. It was a fortunate
+union, for it gave him a helpmeet and companion<span class='pagenum'><a name="Page_285" id="Page_285">[285]</a></span>
+who was in full sympathy with him in all his hopes
+and feelings, and who was singularly well qualified
+to preside over his household, which, in his capacity
+of a minister of the Crown, had become, to a considerable
+extent, a factor in the public life of Canada.
+Lady Tilley had a high ideal of her duty as the
+wife of a cabinet minister and of the governor of
+New Brunswick, and was not content to lead a
+merely ornamental life or confine her energies within
+a narrow range. She saw many deficiencies in
+our appliances for relieving human misery, and
+with a zeal which could not be dampened, she
+sought to remedy them. The Victoria Hospital
+at Fredericton is her work; hers also is the Nurses'
+Home in connection with the Public Hospital
+in St. John, and the Reformatory for the care
+of bad or neglected boys, who are in danger of
+becoming criminals if they are not educated and
+disciplined when they are young. In every work of
+philanthropy Lady Tilley has always taken not only
+an active, but a leading part, and her position has
+enabled her to enlist in the cause of humanity the
+energies of many who, under other circumstances,
+might not have given their attention to philanthropic
+work.</p>
+
+<p>Sir Leonard Tilley for many years had suffered
+from an incurable disease, which had been mitigated
+by rest and medical treatment, but not removed.
+It was the knowledge of the fact that his days
+would be shortened if he continued in active political<span class='pagenum'><a name="Page_286" id="Page_286">[286]</a></span>
+life that compelled him to leave the government
+in 1885. For many years before his death the
+malady had been so far subdued that it gave him
+comparatively little trouble, but any unusual exertion
+on his part was almost certain to arouse it
+again to activity, so that he was prevented on many
+occasions from taking part in public functions
+which, under other circumstances, he would have
+been glad to attend. Still, he always contrived to
+take his daily walk, and few who saw him ever suspected
+that he was constantly menaced by death.
+For three or four years before his decease his
+strength had been failing, he stooped more as he
+walked, and it was evident that he was not destined
+to enjoy many more years of life. Yet during the
+spring of 1896 there was nothing whatever to indicate
+that the end was so near, for he went about as
+usual, and was able to preside at the annual meeting
+of the Loyalist Society which was held during
+the last week in May. On that evening he appeared
+very bright and cheerful, and he entered with much
+interest into the discussion of the details of an outing
+which it was proposed the society should hold
+during the summer. "Man proposes, God disposes."
+Sir Leonard had gone to Rothesay early in June
+to spend a few weeks in that pleasant spot, and he
+appeared to be in his usual health until the night of
+June 10th, when he began to suffer great pain from
+a slight cut which he had received in the foot. The
+symptoms became alarming and gave indications of<span class='pagenum'><a name="Page_287" id="Page_287">[287]</a></span>
+blood poisoning, a condition due to the disease
+from which he had suffered so many years. On
+June 11th, he was taken to Carleton House, his
+town residence, and from that time the doctors
+gave no hope of his recovery. It was one of the
+sad features of his illness that his life-long friend
+and physician for many years, Dr. William Bayard,
+was unable to attend him, being himself confined
+to his bed by illness.</p>
+
+<div class="sidenote">LAST ILLNESS AND DEATH</div>
+
+<p>After Sir Leonard Tilley reached his home in
+St. John he never rallied, and he was well aware
+that his end was near. He was attended by Dr.
+Inches and Dr. Murray McLaren, but he was
+beyond medical aid, and therefore the people of
+St. John, for several days before the event took
+place, were aware that their foremost citizen was
+dying. The time was one of great excitement, for
+the general election was near, yet the eyes of thousands
+were turned from the moving panorama of
+active life which passed before them to the silent
+chamber where the dying statesman was breathing
+his last. The regret and sympathy that was expressed
+was universal, and in their kindly words
+those who had been his life-long political opponents
+were not behind those who had been his friends.
+Sir Leonard Tilley died at three o'clock on the
+morning of June 25th, the second day after the
+general election which brought about the defeat
+of the party with which he had been so long
+identified.<span class='pagenum'><a name="Page_288" id="Page_288">[288]</a></span></p>
+
+<div class="sidenote">HIS EMINENT SERVICES</div>
+
+<p>His death evoked expressions of sympathy and
+regret from all parts of the empire and from many
+states of the union. The letters and telegrams of
+condolence which Lady Tilley received during the
+first days of her widowhood would of themselves
+fill a volume, showing how widely he was known
+and respected. The funeral, which took place on the
+Saturday following his death, was one of the largest
+ever seen in St. John, and was attended by the
+Board of Trade, the Loyalist Society, the various
+temperance organizations, the members of the provincial
+government, and a vast concourse of prominent
+citizens. The services took place at St. John's
+Episcopal Church, and were conducted by the rector,
+the Rev. John deSoyres, assisted by the Rev.
+R. P. McKim, rector of St. Luke's Church, with
+which Sir Leonard had been identified in his earlier
+years. The interment took place in the Rural
+Cemetery. Many references to the decease of this
+eminent man were made from the pulpits of St.
+John and other parts of the province on the Sunday
+following his death, and all the newspapers had
+long notices of the event and editorials on his life
+and character. We may fittingly close this work by
+quoting a portion of what was said of him by the
+St. John <i>Telegraph</i>, a paper that was politically
+opposed to him for many years:&mdash;</p>
+
+<p>"It is greatly to the honour of Sir Leonard Tilley
+that no scandal, public or private, was ever
+attached to his name. A consistent temperance<span class='pagenum'><a name="Page_289" id="Page_289">[289]</a></span>
+man to the end of his life, he was faithful to the
+cause which he had espoused when he was young,
+and he enjoyed the confidence and received the
+steady support of a vast majority of the temperance
+men of the province, who looked upon him as their
+natural leader. His capacity for friendship was
+great, and his friends might be numbered by thousands,
+for he had a peculiar faculty of strongly
+attracting men to himself. This may be ascribed, in
+part, to the magnetism of a buoyant and strong
+nature, but it was more largely due to the extreme
+simplicity of his character, which remained wholly
+unspoiled by the favours which fortune had showered
+upon him. No man, however humble, had any
+difficulty in obtaining an interview with Sir
+Leonard Tilley; he was every inch a gentleman,
+and was, therefore, as polite to the poorest labourer
+as to the richest in the land. Such a man could not
+fail to be loved even by those who had been his
+most bitter opponents in former years, when he
+was in active political life.</p>
+
+<p>"It is one of the drawbacks of this human life
+that the wise, the learned, the good, and those
+whom we most love and honour, grow old and
+feeble, fall by the wayside and pass away. So while
+we lament the death of Sir Leonard Tilley, we
+must recognize it as an event that was inevitable,
+and which could not long have been postponed.
+His lifework was done; his labours were ended;
+his active and brilliant career was closed; he was<span class='pagenum'><a name="Page_290" id="Page_290">[290]</a></span>
+but waiting for the dread summons which sooner
+or later must come to all. The summons has come,
+and he has gone from among us forever. His venerable,
+noble face will no longer be seen on our
+streets, his kindly greeting will no longer be heard.
+But his memory will live, not only in the hearts of
+all his countrymen, but enshrined in the history of
+this his native province, and of the great Dominion
+which he did so much to create, and which he so
+fondly loved."</p>
+
+<hr />
+<h2>INDEX</h2>
+
+<hr /><p><span class='pagenum'><a name="Page_293" id="Page_293">[293]</a></span></p>
+<h2>INDEX</h2>
+
+<h3>A</h3>
+
+<ul><li><span class="smcap">Allen, Hon. John C.</span>, solicitor-general, <a href="#Page_183">183</a>;<ul>
+<li>opposes confederation, <a href="#Page_228">228</a>;</li>
+<li>becomes attorney-general, <a href="#Page_233">233</a>;</li>
+<li>appointed a judge, <a href="#Page_235">235</a></li></ul></li>
+
+<li>Anglin, Hon. Timothy W., opposes confederation, <a href="#Page_227">227</a>, <a href="#Page_233">233</a>;<ul>
+<li>differences with his colleagues, <a href="#Page_236">236</a>;</li>
+<li>resigns from the government, <a href="#Page_237">237</a></li></ul></li>
+
+<li>Aroostook War, <a href="#Page_135">135</a></li>
+
+<li>Ashburton Treaty, <a href="#Page_195">195</a></li>
+
+<li>Assembly, House of, its composition and powers, <a href="#Page_6">6</a>;<ul>
+<li>Wilmot's college bill introduced in, <a href="#Page_51">51</a>;</li>
+<li>its passage through the House, <a href="#Page_52">52-6</a></li></ul></li>
+</ul>
+
+<h3>B</h3>
+
+<ul><li><span class="smcap">Babbitt, Samuel</span>, teacher of the Madras School, <a href="#Page_147">147</a></li>
+
+<li>Baillie, Thomas, retires with a pension, <a href="#Page_116">116</a></li>
+
+<li>Ballot Law passed, <a href="#Page_189">189</a></li>
+
+<li>Beckwith, John A., member for York, <a href="#Page_250">250</a></li>
+
+<li>Bernard, Lieutenant-Colonel Hewitt, secretary of the confederation delegations, <a href="#Page_263">263</a></li>
+
+<li>Blair, Hon. Andrew G., premier of New Brunswick, <a href="#Page_280">280</a></li>
+
+<li>Bliss, Hannah, mother of L. A. Wilmot, <a href="#Page_3">3</a>, <a href="#Page_4">4</a></li>
+
+<li>Botsford, Hon. Bliss, surveyor-general, <a href="#Page_233">233</a></li>
+
+<li>Bounties, disallowed by British government, <a href="#Page_118">118</a></li>
+
+<li>Boyd, Hon. John, lieutenant-governor of New Brunswick, <a href="#Page_280">280</a></li>
+
+<li>British North America Act, the, comes into force, <a href="#Page_269">269</a></li>
+
+<li>Brown, George, agrees to support confederation, <a href="#Page_211">211</a></li>
+
+<li>Brown, James, surveyor-general, <a href="#Page_174">174</a></li>
+</ul>
+
+<h3>C</h3>
+
+<ul><li><span class="smcap">Campbell, Sir Archibald</span>, lieutenant-governor of New Brunswick, <a href="#Page_23">23</a>, <a href="#Page_27">27</a>;<ul>
+<li>refuses information to the House, <a href="#Page_28">28</a>;</li>
+<li>censured by the assembly, <a href="#Page_29">29</a>;</li>
+<li>dissolves the assembly, <a href="#Page_29">29</a>;</li>
+<li>opposes the civil list arrangement, <a href="#Page_44">44</a></li></ul></li>
+
+<li>Carleton, Thomas, governor of New Brunswick, <a href="#Page_5">5</a></li>
+
+<li>Carnarvon, Lord, his interest in confederation, <a href="#Page_264">264</a></li>
+
+<li>Carter, Sir James, appointed a judge, <a href="#Page_74">74</a>;<ul>
+<li>appointed chief-justice, <a href="#Page_130">130</a>;</li>
+<li>resigns the chief-justiceship, <a href="#Page_235">235</a></li></ul></li>
+
+<li>Cartier, Hon. George E., minister of militia, <a href="#Page_271">271</a></li>
+
+<li>Casual and territorial revenue, <i>see</i> <a href="#Crown_lands">Crown lands</a></li>
+
+<li>Chandler, Edward B., a delegate to England in reference to the Crown lands, <a href="#Page_24">24</a>;<span class='pagenum'><a name="Page_294" id="Page_294">[294]</a></span><ul>
+<li>enters the government, <a href="#Page_72">72</a>;</li>
+<li>resigns, <a href="#Page_76">76</a>;</li>
+<li>goes to England on behalf of the Intercolonial Railway, <a href="#Page_168">168</a>, <a href="#Page_196">196</a>;</li>
+<li>confederation delegate to England, <a href="#Page_262">262</a></li></ul></li>
+
+<li>Chipman, Ward, chief-justice, <a href="#Page_74">74</a>;<ul>
+<li>resigns, <a href="#Page_129">129</a></li></ul></li>
+
+<li>Church of England, its predominant influence, <a href="#Page_7">7</a></li>
+
+<li>Civil list, the, paid in part by the Crown land revenue, <a href="#Page_21">21</a>, <a href="#Page_25">25</a>;<ul>
+<li>the Civil List Bill, <a href="#Page_43">43</a>;</li>
+<li>the bill passed, <a href="#Page_47">47</a></li></ul></li>
+
+<li>Clark, Rev. Samuel, rector of Gagetown, <a href="#Page_147">147</a></li>
+
+<li>Colebrooke, Sir William, lieutenant-governor, <a href="#Page_76">76</a>;<ul>
+<li>appoints Alfred Reade secretary, <a href="#Page_76">76</a>;</li>
+<li>censured by the assembly, <a href="#Page_101">101</a></li></ul></li>
+
+<li>Confederation, <a href="#Page_201">201</a>, <a href="#Page_202">202</a>;<ul>
+<li>proposed in Lord Durham's Report, <a href="#Page_203">203</a>;</li>
+<li>discussed in 1858, <a href="#Page_205">205</a>;</li>
+<li>not favoured by Lord Derby's government, <a href="#Page_205">205</a>;</li>
+<li>D'Arcy McGee's party visits the Maritime Provinces, <a href="#Page_209">209</a>;</li>
+<li>crisis in the government of Canada, <a href="#Page_209">209</a>, <a href="#Page_210">210</a>;</li>
+<li>Canadian statesmen at the Charlottetown conference, <a href="#Page_217">217-19</a>;</li>
+<li>the Quebec scheme, <a href="#Page_222">222</a>;</li>
+<li>unfavourably received in New Brunswick, <a href="#Page_223">223-5</a>;</li>
+<li>the general election of 1865, <a href="#Page_226">226-9</a>;</li>
+<li>defeat of, <a href="#Page_231">231</a>;</li>
+<li>recommended in the speech from the throne, <a href="#Page_242">242</a>;</li>
+<li>carried at the general election of 1866, <a href="#Page_249">249-51</a>;</li>
+<li>resolutions in its favour carried in the legislature, <a href="#Page_260">260</a>, <a href="#Page_262">262</a>;</li>
+<li>delegation sent to England to arrange details of, <a href="#Page_262">262</a>;</li>
+<li>delay in arrival of Canadian delegates, <a href="#Page_263">263</a>;</li>
+<li>meeting in London, <a href="#Page_263">263</a>;</li>
+<li>discussion of the terms of union, <a href="#Page_264">264</a>;</li>
+<li>Confederation Act passed by parliament, <a href="#Page_265">265</a>;</li>
+<li>the union of the provinces proclaimed, <a href="#Page_269">269</a></li></ul></li>
+
+<li>Connell, Hon. Charles, postmaster-general, circumstances which led to his resignation, <a href="#Page_191">191-2</a>;<ul>
+<li>member for Carleton, <a href="#Page_231">231</a>;</li>
+<li>becomes a member of the Mitchell-Wilmot government, <a href="#Page_247">247</a>;</li>
+<li>re&euml;lected for Carleton, <a href="#Page_249">249</a></li></ul></li>
+
+<li>Cook, Dr. Henry, <a href="#Page_149">149</a></li>
+
+<li>Council, executive, its composition, <a href="#Page_48">48</a>, <a href="#Page_72">72</a>;<ul>
+<li>reorganized, <a href="#Page_116">116</a></li></ul></li>
+
+<li>Council, legislative, <a href="#Page_5">5</a>;<ul>
+<li>rejects the college bill, <a href="#Page_52">52</a>, <a href="#Page_53">53</a>;</li>
+<li>its obstructive character, <a href="#Page_67">67</a>;</li>
+<li>its conduct condemned by the assembly, <a href="#Page_68">68</a>;</li>
+<li>changes in its composition, <a href="#Page_69">69</a>;</li>
+<li>favours confederation, <a href="#Page_244">244</a></li></ul></li>
+
+<li>Crane, William, a delegate to England with an address to His Majesty, <a href="#Page_41">41</a></li>
+
+<li><a name="Crown_lands" id="Crown_lands"></a>Crown lands, revenues from, <a href="#Page_6">6</a>;<ul>
+<li>dissatisfaction with the management of, <a href="#Page_18">18-21</a>;</li>
+<li>used to pay the civil list, <a href="#Page_21">21</a>, <a href="#Page_22">22</a>;</li>
+<li>control of, made the subject of an address to the king, <a href="#Page_23">23</a>;</li>
+<li>a deputation sent to England, <a href="#Page_24">24</a>;</li>
+<li>the surrender of the revenues by His Majesty proposed, <a href="#Page_25">25-7</a>, <a href="#Page_35">35-7</a>;</li>
+<li>another address to the king, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;</li>
+<li>control of, surrendered to the province, <a href="#Page_47">47</a></li></ul></li>
+
+<li>Custom-house system, imperial, discarded, <a href="#Page_175">175</a>, <a href="#Page_176">176</a><span class='pagenum'><a name="Page_295" id="Page_295">[295]</a></span></li>
+
+<li>Customs duties, <a href="#Page_6">6</a>, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>, <a href="#Page_18">18</a>, <a href="#Page_38">38</a>, <a href="#Page_39">39</a></li>
+</ul>
+
+<h3>D</h3>
+
+<ul><li><span class="smcap">DesBrisay</span>, L. P. W., seconds Fisher's amendment to the address in reply to the speech from the throne, <a href="#Page_244">244</a></li>
+
+<li>Douglas, Sir Howard, lieutenant-governor of New Brunswick, <a href="#Page_50">50</a>, <a href="#Page_51">51</a>, <a href="#Page_148">148</a></li>
+
+<li>Dow, Dr., member for York, <a href="#Page_250">250</a></li>
+</ul>
+
+<h3>E</h3>
+
+<ul><li><span class="smcap">Education</span>, unsatisfactory condition of, in New Brunswick, <a href="#Page_83">83-5</a>;<ul>
+<li>the Madras system, <a href="#Page_86">86-8</a>;</li>
+<li>Wilmot's speech on, <a href="#Page_88">88-91</a></li></ul></li>
+</ul>
+
+<h3>F</h3>
+
+<ul><li><span class="smcap">Family Compact</span>, the, <a href="#Page_13">13</a>, <a href="#Page_110">110</a></li>
+
+<li>Fees, on land grants, <a href="#Page_14">14</a></li>
+
+<li>Fenians, threaten to invade Canada, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>;<ul>
+<li>invade New Brunswick, <a href="#Page_247">247</a>;</li>
+<li>Doran Killian, leader of, <a href="#Page_247">247</a>;</li>
+<li>troops called out to oppose them, <a href="#Page_248">248</a>;</li>
+<li>their invasion a fiasco, <a href="#Page_249">249</a></li></ul></li>
+
+<li>Fisher, Hon. Charles, member for York, <a href="#Page_47">47</a>;<ul>
+<li>re&euml;lected for York, <a href="#Page_102">102</a>;</li>
+<li>moves a want of confidence resolution, <a href="#Page_103">103</a>;</li>
+<li>his resolution defeated, <a href="#Page_111">111</a>;</li>
+<li>enters the government, <a href="#Page_116">116</a>;</li>
+<li>defeated in York, <a href="#Page_128">128</a>;</li>
+<li>his services to the Liberal party, <a href="#Page_154">154</a>;</li>
+<li>moves a want of confidence resolution, <a href="#Page_172">172</a>, <a href="#Page_173">173</a>;</li>
+<li>joins the new government as attorney-general, <a href="#Page_174">174</a>;</li>
+<li>retires from the government, <a href="#Page_193">193</a>;</li>
+<li>re&euml;lected for York, <a href="#Page_194">194</a>;</li>
+<li>elected on the confederation ticket for York, <a href="#Page_237">237</a>;</li>
+<li>moves an amendment to the address in reply to the speech from the throne, <a href="#Page_244">244</a>;</li>
+<li>becomes attorney-general, <a href="#Page_247">247</a>;</li>
+<li>moves a confederation resolution, <a href="#Page_257">257</a>, <a href="#Page_258">258</a>;</li>
+<li>a confederation delegate to England, <a href="#Page_262">262</a>;</li>
+<li>elected for York in the first parliament of united Canada, <a href="#Page_273">273</a></li></ul></li>
+
+<li>Fraser, John J., opposes confederation, <a href="#Page_228">228</a></li>
+</ul>
+
+<h3>G</h3>
+
+<ul><li><span class="smcap">Gagetown</span>, birthplace of Sir Leonard Tilley, <a href="#Page_146">146</a></li>
+
+<li>Galt, Hon. A. T., in favour of confederation, <a href="#Page_205">205</a>;<ul>
+<li>minister of finance, <a href="#Page_271">271</a></li></ul></li>
+
+<li>Gilbert, Thomas, advocates agricultural schools, <a href="#Page_162">162</a></li>
+
+<li>Gillmor, Hon. A. H., provincial secretary, <a href="#Page_233">233</a></li>
+
+<li>Gladstone, Right Hon. W. E., <a href="#Page_199">199</a></li>
+
+<li>Glenelg, Lord, colonial secretary, <a href="#Page_42">42</a>, <a href="#Page_61">61</a></li>
+
+<li>Glenie, James, an early Reformer, <a href="#Page_13">13</a></li>
+
+<li>Gordon, Arthur Hamilton, lieutenant-governor of New Brunswick, opposed to confederation, <a href="#Page_239">239</a>;<ul>
+<li>his change of views, <a href="#Page_240">240</a>;</li>
+<li>the confederation paragraph in his speech from the throne, <a href="#Page_242">242</a>;</li>
+<li>differences with his government, <a href="#Page_242">242</a></li></ul></li>
+
+<li>Government, responsible, the demand for, <a href="#Page_99">99-111</a>;<ul>
+<li>granted, <a href="#Page_113">113-16</a></li></ul></li>
+
+<li>Gray, Hon. John H., <a href="#Page_152">152</a>;<span class='pagenum'><a name="Page_296" id="Page_296">[296]</a></span><ul>
+<li>supports the government, <a href="#Page_160">160</a>;</li>
+<li>becomes a member of the government, <a href="#Page_165">165</a>;</li>
+<li>appointed attorney-general, <a href="#Page_183">183</a>;</li>
+<li>favours confederation, <a href="#Page_227">227</a>;</li>
+<li>elected for St. John County, <a href="#Page_251">251</a>;</li>
+<li>speaker of the assembly, <a href="#Page_256">256</a>;</li>
+<li>again elected for St. John in the parliament of 1867, <a href="#Page_273">273</a></li></ul></li>
+
+<li>Gray-Wilmot government, formed, <a href="#Page_183">183</a>;<ul>
+<li>defeated, <a href="#Page_184">184</a></li></ul></li>
+
+<li>Grey, Earl, colonial secretary, on tenure of office, <a href="#Page_113">113</a>;<ul>
+<li>disallows hemp bounty bill, <a href="#Page_118">118</a></li></ul></li>
+
+<li>Grievances, committee on, appointed, <a href="#Page_24">24</a></li>
+</ul>
+
+<h3>H</h3>
+
+<ul><li><span class="smcap">Hamilton, Peter</span> S., his articles advocating confederation, <a href="#Page_207">207</a></li>
+
+<li>Hanington, Hon. D. L., speaker, <a href="#Page_172">172</a></li>
+
+<li>Hannay, James, his articles in favour of confederation, <a href="#Page_207">207</a></li>
+
+<li>Harding, James A., elected for the city of St. John, <a href="#Page_167">167</a></li>
+
+<li>Harvey, Sir John, lieutenant-governor, <a href="#Page_47">47</a>, <a href="#Page_113">113</a></li>
+
+<li>Hatheway, Hon. George L., opposes confederation, <a href="#Page_228">228</a>;<ul>
+<li>joins the anti-confederation government, <a href="#Page_233">233</a>;</li>
+<li>retires from the contest in York, <a href="#Page_250">250</a></li></ul></li>
+
+<li>Hazen, Hon. Robert L., on responsible government, <a href="#Page_63">63</a>;<ul>
+<li>enters the government, <a href="#Page_72">72</a>;</li>
+<li>resigns, <a href="#Page_76">76</a></li></ul></li>
+
+<li>Head, Sir Edmund, lieutenant-governor, <a href="#Page_129">129</a></li>
+
+<li>Hill, George S., member for Charlotte, <a href="#Page_66">66</a></li>
+
+<li>Howe, Hon. Joseph, a delegate to England in connection with the Intercolonial Railway, <a href="#Page_107">107</a>;<ul>
+<li>advocates confederation, <a href="#Page_204">204</a></li></ul></li>
+
+<li>Humbert, Mr., opposes responsible government, <a href="#Page_64">64</a></li>
+
+<li>Hutchinson, Richard, <a href="#Page_234">234</a></li>
+</ul>
+
+<h3>J</h3>
+
+<ul><li><span class="smcap">Jenkins, William</span>, teacher of the Gagetown grammar school, <a href="#Page_147">147</a></li>
+
+<li>Johnson, Hon. John M., solicitor-general, <a href="#Page_174">174</a>;<ul>
+<li>confederation delegate to England, <a href="#Page_262">262</a>;</li>
+<li>opposes county courts bill, <a href="#Page_267">267</a></li></ul></li>
+
+<li>Johnston, Hon. Hugh, enters the government, <a href="#Page_72">72</a>;<ul>
+<li>resigns, <a href="#Page_76">76</a></li></ul></li>
+</ul>
+
+<h3>K</h3>
+
+<ul><li><span class="smcap">Kerr, George</span>, member for Northumberland, <a href="#Page_249">249</a></li>
+
+<li>King's College, <a href="#Page_49">49</a>;<ul>
+<li>its illiberal charter, <a href="#Page_50">50</a>;</li>
+<li>bill to amend it defeated, <a href="#Page_52">52</a>;</li>
+<li>passed, <a href="#Page_56">56</a>, <a href="#Page_163">163</a>;</li>
+<li>reorganized and becomes University of New Brunswick, <a href="#Page_190">190</a></li></ul></li>
+
+<li>Kinnear, Hon. William B., solicitor-general, <a href="#Page_116">116</a></li>
+</ul>
+
+<h3>L</h3>
+
+<ul><li><span class="smcap">Legislature of New Brunswick</span>, called together in 1866, <a href="#Page_256">256</a>;<ul>
+<li>its session of 1867, <a href="#Page_266">266</a></li></ul></li>
+
+<li>Leonard, Samuel, <a href="#Page_147">147</a></li>
+
+<li><i>Loyalist</i>, newspaper, its proprietors arrested, <a href="#Footnote_5_5">75 (note)</a></li>
+</ul>
+
+<h3>M</h3>
+
+<ul><li><span class="smcap">Macdonald, Sir John</span> A., chairman of the confederation delegation, <a href="#Page_263">263</a>;<ul>
+<li>forms the first Dominion cabinet, <a href="#Page_270">270</a></li></ul></li>
+
+<li>McClelan, Hon. A. R., chief commissioner of public works, <a href="#Page_247">247</a>;<span class='pagenum'><a name="Page_297" id="Page_297">[297]</a></span><ul>
+<li>re&euml;lected for Albert County, <a href="#Page_249">249</a></li></ul></li>
+
+<li>McGee, Thomas D'Arcy, favours confederation, <a href="#Page_207">207</a>;<ul>
+<li>lectures in St. John, <a href="#Page_207">207</a>;</li>
+<li>brings a party to visit the Maritime Provinces, <a href="#Page_209">209</a></li></ul></li>
+
+<li>McMillan, Hon. John, surveyor-general, elected for Restigouche, <a href="#Page_231">231</a>;<ul>
+<li>becomes postmaster-general, <a href="#Page_247">247</a></li></ul></li>
+
+<li>McPhelim, Francis, postmaster-general, <a href="#Page_183">183</a></li>
+
+<li>Manners-Sutton, Hon. H. T., lieutenant-governor of New Brunswick, dissolves the House of Assembly, <a href="#Page_180">180</a></li>
+
+<li>Maritime union movement, <a href="#Page_211">211-13</a>;<ul>
+<li>the Charlottetown conference, <a href="#Page_215">215</a></li></ul></li>
+
+<li>Marriage laws, <a href="#Page_14">14</a>, <a href="#Page_15">15</a></li>
+
+<li>Meade, General, <a href="#Page_249">249</a></li>
+
+<li>Metcalfe, Sir Charles, governor-general of Canada, <a href="#Page_74">74</a>;<ul>
+<li>his unconstitutional stand, <a href="#Page_74">74</a>;</li>
+<li>his views approved by the New Brunswick assembly, <a href="#Page_74">74</a></li></ul></li>
+
+<li>Mitchell, Hon. Peter, member of the legislative council, <a href="#Page_246">246</a>;<ul>
+<li>supports confederation, <a href="#Page_246">246</a>;</li>
+<li>called on to form a government, <a href="#Page_246">246</a>;</li>
+<li>forms the Mitchell-Wilmot government, <a href="#Page_247">247</a>;</li>
+<li>confederation delegate to England, <a href="#Page_262">262</a>;</li>
+<li>becomes minister of marine, <a href="#Page_271">271</a></li></ul></li>
+
+<li>Monck, Viscount, governor-general of Canada, <a href="#Page_265">265</a></li>
+
+<li>Money grants, initiation of, <a href="#Page_48">48</a></li>
+
+<li>Montgomery, John, enters the government, <a href="#Page_72">72</a>;<ul>
+<li>surveyor-general, <a href="#Page_183">183</a></li></ul></li>
+
+<li>Morgan, Elizabeth, great grandmother of Sir Leonard Tilley, <a href="#Page_145">145</a></li>
+</ul>
+
+<h3>N</h3>
+
+<ul><li><span class="smcap">Needham</span>, W. H., member for York, <a href="#Page_152">152</a>;<ul>
+<li>his ability and character, <a href="#Page_154">154</a>;</li>
+<li>opposes confederation, <a href="#Page_228">228</a></li></ul></li>
+
+<li>Newcastle, Duke of, colonial secretary, <a href="#Page_197">197</a></li>
+</ul>
+
+<h3>O</h3>
+
+<ul><li><span class="smcap">Odell, Hon. William Franklin</span>, death of, <a href="#Page_75">75</a></li>
+
+<li>Odell, Hon. William H., postmaster-general, <a href="#Page_233">233</a>, <a href="#Page_234">234</a></li>
+
+<li>Office, tenure of, <a href="#Page_57">57</a>;<ul>
+<li>Lord John Russell's despatch, <a href="#Page_57">57</a>;</li>
+<li>resolution of assembly thereon, <a href="#Page_60">60</a></li></ul></li>
+</ul>
+
+<h3>P</h3>
+
+<ul><li><span class="smcap">Palmerston, Lord</span>, his government in office during confederation negotiations, <a href="#Page_206">206</a></li>
+
+<li>Parker, Hon. Robert, becomes chief-justice, <a href="#Page_235">235</a></li>
+
+<li>Parliament of Canada, its first meeting, <a href="#Page_273">273</a></li>
+
+<li>Partelow, Hon. John R., member for St. John County, <a href="#Page_65">65</a>;<ul>
+<li>on money appropriations, <a href="#Page_93">93</a>;</li>
+<li>becomes provincial secretary, <a href="#Page_116">116</a>;</li>
+<li>his ability as a business man, <a href="#Page_157">157</a></li></ul></li>
+
+<li>Peters, Colonel Harry, speaker of the assembly, <a href="#Page_148">148</a></li>
+
+<li>Peters, Susan Ann, mother of Sir Leonard Tilley, <a href="#Page_146">146</a></li>
+
+<li>Peters, William, grandfather of Sir Leonard, <a href="#Page_146">146</a></li>
+
+<li>Peto, Brassy and Betts, propose to construct New Brunswick railways, <a href="#Page_167">167-9</a><span class='pagenum'><a name="Page_298" id="Page_298">[298]</a></span></li>
+
+<li>Pickard, John, defeated in York, <a href="#Page_237">237</a></li>
+
+<li>Portland Railway Convention, <a href="#Page_119">119</a>;<ul>
+<li>L. A. Wilmot's speech at, <a href="#Page_120">120</a></li></ul></li>
+
+<li>Prohibitory liquor law, <a href="#Page_176">176-8</a>;<ul>
+<li>its failure, <a href="#Page_180">180</a></li></ul></li>
+
+<li>Putnam, Charles S., barrister, <a href="#Page_11">11</a></li>
+</ul>
+
+<h3>R</h3>
+
+<ul><li><span class="smcap">Railways</span>, European and North American, proposed, <a href="#Page_168">168</a>;<ul>
+<li>its progress, <a href="#Page_186">186</a>;</li>
+<li>completed to Shediac, <a href="#Page_187">187</a>, <a href="#Page_188">188</a>;</li>
+<li>Intercolonial, building of, proposed, <a href="#Page_168">168</a>, <a href="#Page_195">195</a>;</li>
+<li>delegations sent to England to obtain assistance, <a href="#Page_169">169</a>, <a href="#Page_196">196-8</a>;</li>
+<li>discussed in parliament, <a href="#Page_187">187</a>;</li>
+<li>a meeting held in Quebec to consider the offer of the British government, <a href="#Page_198">198</a>;</li>
+<li>a committee is sent to England to arrange the terms of the guarantee but fail to come to an agreement, <a href="#Page_199">199</a>, <a href="#Page_200">200</a>;</li>
+<li>its construction secured by confederation, <a href="#Page_264">264</a></li></ul></li>
+
+<li>Reade, Alfred, appointed provincial secretary, <a href="#Page_76">76</a>;<ul>
+<li>his appointment condemned by the assembly, <a href="#Page_79">79</a>;</li>
+<li>the appointment cancelled, <a href="#Page_80">80</a></li></ul></li>
+
+<li>Reciprocity treaty, discussed, <a href="#Page_170">170</a>, <a href="#Page_171">171</a>;<ul>
+<li>bill passed, <a href="#Page_175">175</a></li></ul></li>
+
+<li>Ritchie, Hon. William J., member for the county of St. John, <a href="#Page_152">152</a>;<ul>
+<li>his great ability, <a href="#Page_155">155</a>;</li>
+<li>moves a want of confidence resolution, <a href="#Page_160">160</a>;</li>
+<li>complains of the conduct of the governor and the colonial office, <a href="#Page_164">164</a>;</li>
+<li>resigns his seat, <a href="#Page_166">166</a>;</li>
+<li>re&euml;lected for St. John, <a href="#Page_172">172</a>;</li>
+<li>joins the Fisher government, <a href="#Page_175">175</a>;</li>
+<li>becomes chief-justice, <a href="#Page_236">236</a></li></ul></li>
+
+<li>Robinson, F. P., auditor of the king's casual revenue, <a href="#Page_34">34</a></li>
+
+<li>Russell, Lord John, colonial secretary, <a href="#Page_53">53</a>;<ul>
+<li>on the King's College charter, <a href="#Page_54">54</a>;</li>
+<li>on tenure of office, <a href="#Page_114">114</a></li></ul></li>
+</ul>
+
+<h3>S</h3>
+
+<ul><li><span class="smcap">Salaries</span>, official, <a href="#Page_61">61</a>;<ul>
+<li>reduction proposed by Wilmot, <a href="#Page_62">62</a></li></ul></li>
+
+<li>Saunders, Hon. John Simcoe, advocate-general, <a href="#Page_34">34</a></li>
+
+<li>Simonds, Hon. Charles, a delegate to England with the grievances of New Brunswick, <a href="#Page_24">24</a>;<ul>
+<li>elected speaker, <a href="#Page_160">160</a>;</li>
+<li>resigns his seat, <a href="#Page_166">166</a>;</li>
+<li>again elected speaker, <a href="#Page_183">183</a></li></ul></li>
+
+<li>Skinner, Hon. C. N., favours confederation, <a href="#Page_227">227</a>;<ul>
+<li>member for St. John city, <a href="#Page_251">251</a></li></ul></li>
+
+<li>Smith, Hon. Albert J., joins the Fisher government, <a href="#Page_175">175</a>;<ul>
+<li>forms an anti-confederation government, <a href="#Page_232">232</a>;</li>
+<li>differences with the lieutenant-governor, <a href="#Page_242">242</a>;</li>
+<li>his government resigns, <a href="#Page_245">245</a>;</li>
+<li>moves an amendment to confederation resolutions, <a href="#Page_260">260</a></li></ul></li>
+
+<li>Smith, William O., mayor of St. John, <a href="#Page_149">149</a></li>
+
+<li>Stanley, Lord, colonial secretary, <a href="#Page_53">53</a>;<ul>
+<li>on King's College charter, <a href="#Page_53">53</a>, <a href="#Page_54">54</a>;</li>
+<li>on the Reade appointment, <a href="#Page_80">80</a>;</li>
+<li>on money grants, <a href="#Page_92">92</a></li></ul></li>
+
+<li>Steadman, Hon. James, postmaster-general, <a href="#Page_193">193</a></li>
+
+<li>Steeves, Hon. William H., joins the Fisher government, <a href="#Page_175">175</a><span class='pagenum'><a name="Page_299" id="Page_299">[299]</a></span></li>
+
+<li>Street, Hon. George F., solicitor-general, <a href="#Page_34">34</a>;<ul>
+<li>a delegate to England in connection with the Civil List Bill, <a href="#Page_45">45</a></li></ul></li>
+
+<li>Street, Hon. John Ambrose, attorney-general, <a href="#Page_161">161</a></li>
+
+<li>Street-Partelow government, defeated, <a href="#Page_173">173</a></li>
+
+<li>Sutton, Richard, <a href="#Page_249">249</a></li>
+</ul>
+
+<h3>T</h3>
+
+<ul><li><span class="smcap">Tilley, James</span>, grandfather of Sir Leonard, <a href="#Page_145">145</a></li>
+
+<li>Tilley, Lady, <a href="#Page_284">284</a>;<ul>
+<li>her charitable work, <a href="#Page_285">285</a></li></ul></li>
+
+<li>Tilley, Samuel, great-grandfather of Sir Leonard, <a href="#Page_143">143</a></li>
+
+<li>Tilley, Samuel Leonard, birth and ancestry, <a href="#Page_143">143</a>;<ul>
+<li>at the Madras School, <a href="#Page_147">147</a>;</li>
+<li>at the grammar school, <a href="#Page_147">147</a>;</li>
+<li>removes to St. John, <a href="#Page_149">149</a>;</li>
+<li>enters a drug store as clerk, <a href="#Page_149">149</a>;</li>
+<li>becomes a total abstainer, <a href="#Page_150">150</a>;</li>
+<li>begins business on his own account, <a href="#Page_150">150</a>;</li>
+<li>elected to the House of Assembly as member for St. John, <a href="#Page_152">152</a>;</li>
+<li>resigns his seat, <a href="#Page_166">166</a>;</li>
+<li>re&euml;lected for St. John, <a href="#Page_172">172</a>;</li>
+<li>becomes provincial secretary, <a href="#Page_174">174</a>;</li>
+<li>defeated on the prohibition question, <a href="#Page_183">183</a>;</li>
+<li>again elected for St. John, <a href="#Page_185">185</a>;</li>
+<li>a delegate to England in regard to the Intercolonial Railway, <a href="#Page_196">196</a>;</li>
+<li>a delegate to Quebec to consider the offer of the British government, <a href="#Page_198">198</a>;</li>
+<li>second delegation to England, <a href="#Page_199">199</a>;</li>
+<li>at the Quebec conference, <a href="#Page_219">219-22</a>;</li>
+<li>defeated in St. John city, <a href="#Page_231">231</a>;</li>
+<li>resigns with his colleagues, <a href="#Page_232">232</a>;</li>
+<li>declines to form a new government, <a href="#Page_247">247</a>;</li>
+<li>becomes provincial secretary, <a href="#Page_247">247</a>;</li>
+<li>re&euml;lected for St. John city, <a href="#Page_251">251</a>;</li>
+<li>his efforts for confederation, <a href="#Page_252">252</a>;</li>
+<li>his ability as a speaker, <a href="#Page_255">255</a>;</li>
+<li>supports the confederation resolutions, <a href="#Page_258">258</a>, <a href="#Page_259">259</a>;</li>
+<li>confederation delegate to England, <a href="#Page_262">262</a>;</li>
+<li>presented to Her Majesty, <a href="#Page_266">266</a>;</li>
+<li>becomes minister of customs, <a href="#Page_272">272</a>;</li>
+<li>elected to parliament for St. John city, <a href="#Page_273">273</a>;</li>
+<li>made a Companion of the Bath, <a href="#Page_274">274</a>;</li>
+<li>his standing in the House of Commons, <a href="#Page_274">274</a>;</li>
+<li>becomes minister of finance, <a href="#Page_275">275</a>;</li>
+<li>elected to the second parliament, <a href="#Page_275">275</a>;</li>
+<li>appointed lieutenant-governor of New Brunswick, <a href="#Page_275">275</a>;</li>
+<li>resigns the governorship, <a href="#Page_278">278</a>;</li>
+<li>again becomes finance minister, <a href="#Page_279">279</a>;</li>
+<li>introduces a protectionist tariff, <a href="#Page_279">279</a>;</li>
+<li>again appointed lieutenant-governor, <a href="#Page_280">280</a>;</li>
+<li>resides in St. John, <a href="#Page_281">281</a>;</li>
+<li>his simple habits, <a href="#Page_281">281</a>;</li>
+<li>his popularity, <a href="#Page_282">282</a>;</li>
+<li>a member of the Church of England, <a href="#Page_282">282</a>;</li>
+<li>made a K.C.M.G., <a href="#Page_283">283</a>;</li>
+<li>his marriages, <a href="#Page_284">284</a>;</li>
+<li>visits Her Majesty at Osborne, <a href="#Page_284">284</a>;</li>
+<li>his children, <a href="#Page_284">284</a>;</li>
+<li>suffers from an incurable disease, <a href="#Page_285">285</a>;</li>
+<li>his last illness, <a href="#Page_286">286</a>;</li>
+<li>death, <a href="#Page_287">287</a>;</li>
+<li>funeral, <a href="#Page_288">288</a>;</li>
+<li>tributes of respect, <a href="#Page_288">288</a></li></ul></li>
+
+<li>Tilley, Thomas Morgan, father of Sir Leonard, <a href="#Page_145">145</a></li>
+
+<li><i>Trent</i> affair, <a href="#Page_197">197</a></li>
+</ul>
+
+<p><span class='pagenum'><a name="Page_300" id="Page_300">[300]</a></span></p>
+<h3>U</h3>
+
+<ul><li><span class="smcap">United States</span>, their attitude towards Canada, <a href="#Page_254">254</a></li>
+</ul>
+
+<h3>V</h3>
+
+<ul><li><span class="smcap">Vankoughnet, Hon</span>. P. M., a delegate to England in regard to the Intercolonial Railway, <a href="#Page_197">197</a></li>
+</ul>
+
+<h3>W</h3>
+
+<ul><li><span class="smcap">Wark, David</span>, his bounty resolutions, <a href="#Page_118">118</a></li>
+
+<li>Watters, Hon. Charles, an advocate of confederation, <a href="#Page_226">226</a></li>
+
+<li>Weldon, Hon. John W., speaker of the assembly, <a href="#Page_65">65</a>;<ul>
+<li>on money grants, <a href="#Page_94">94</a>;</li>
+<li>appointed a judge, <a href="#Page_236">236</a></li></ul></li>
+
+<li>Wetmore, Hon. A. R., opposes confederation, <a href="#Page_226">226</a>;<ul>
+<li>opposes anti-confederation government, <a href="#Page_243">243</a>;</li>
+<li>re&euml;lected for St. John city, <a href="#Page_251">251</a></li></ul></li>
+
+<li>William IV., objects to alienation of Crown lands, <a href="#Page_22">22</a>;<ul>
+<li>dismisses the Liberal government, <a href="#Page_37">37</a></li></ul></li>
+
+<li>Williston, Hon. Edward, solicitor-general, <a href="#Page_247">247</a>;<ul>
+<li>re&euml;lected for Northumberland, <a href="#Page_249">249</a></li></ul></li>
+
+<li>Wilmot, Benjamin, first of the name in America, <a href="#Page_3">3</a></li>
+
+<li>Wilmot, Hon. Robert Duncan, <a href="#Page_152">152</a>;<ul>
+<li>his change of principle, <a href="#Page_156">156</a>;</li>
+<li>supports the government, <a href="#Page_160">160</a>;</li>
+<li>becomes surveyor-general, <a href="#Page_165">165</a>;</li>
+<li>re&euml;lected in St. John, <a href="#Page_166">166</a>;</li>
+<li>becomes provincial secretary, <a href="#Page_183">183</a>;</li>
+<li>opposes confederation, <a href="#Page_227">227</a>;</li>
+<li>dissatisfied with the government, <a href="#Page_235">235</a>;</li>
+<li>resigns in January, 1866, <a href="#Page_236">236</a>;</li>
+<li>forms a new government with Mitchell, <a href="#Page_247">247</a>;</li>
+<li>re&euml;lected for St. John County, <a href="#Page_251">251</a>;</li>
+<li>confederation delegate to England, <a href="#Page_262">262</a></li></ul></li>
+
+<li>Wilmot, Lemuel, grandfather of L. A. Wilmot, <a href="#Page_3">3</a></li>
+
+<li>Wilmot, Lemuel Allan, birth, <a href="#Page_2">2</a>;<ul>
+<li>ancestry, <a href="#Page_3">3</a>;</li>
+<li>education, <a href="#Page_10">10</a>;</li>
+<li>studies law, <a href="#Page_11">11</a>;</li>
+<li>his interest in politics, <a href="#Page_11">11</a>;</li>
+<li>his knowledge of French, <a href="#Page_12">12</a>;</li>
+<li>an officer of militia, <a href="#Page_12">12</a>;</li>
+<li>elected to the assembly for York, <a href="#Page_31">31</a>;</li>
+<li>takes his seat, <a href="#Page_32">32</a>;</li>
+<li>his eloquence, <a href="#Page_33">33</a>;</li>
+<li>zeal for reform, <a href="#Page_34">34</a>;</li>
+<li>on custom house salaries, <a href="#Page_38">38</a>;</li>
+<li>a delegate to the colonial office in connection with provincial affairs, <a href="#Page_41">41</a>;</li>
+<li>arranges terms with the British government, <a href="#Page_43">43</a>;</li>
+<li>second delegation to England, <a href="#Page_46">46</a>;</li>
+<li>re&euml;lected for York, <a href="#Page_47">47</a>;</li>
+<li>engaged in the reform of King's College charter, <a href="#Page_49">49-52</a>;</li>
+<li>bill rejected by council, <a href="#Page_52">52</a>;</li>
+<li>resolutions thereon, <a href="#Page_54">54</a>;</li>
+<li>the college bill passed, <a href="#Page_56">56</a>;</li>
+<li>proposes a reduced scale of salaries, <a href="#Page_62">62</a>, <a href="#Page_63">63</a>;</li>
+<li>nominated for the speakership, <a href="#Page_66">66</a>;</li>
+<li>re&euml;lected for York, <a href="#Page_66">66</a>;</li>
+<li>becomes a member of the government, <a href="#Page_72">72</a>, <a href="#Page_73">73</a>;</li>
+<li>resigns in consequence of the Reade appointment, <a href="#Page_76">76</a>;</li>
+<li>his reasons, <a href="#Page_77">77</a>;</li>
+<li>advocates improved schools, <a href="#Page_88">88</a>;</li>
+<li>in favour of free schools, <a href="#Page_90">90</a>;</li>
+<li>an advocate of the initiation of money grants, <a href="#Page_91">91</a>, <a href="#Page_94">94-7</a>;</li>
+<li>bids farewell to the House, <a href="#Page_102">102</a>;</li>
+<li>re&euml;lected for York, <a href="#Page_103">103</a>;</li>
+<li>his speech on the want of confidence resolution, <a href="#Page_103">103-11</a>;<span class='pagenum'><a name="Page_301" id="Page_301">[301]</a></span></li>
+<li>becomes attorney-general, <a href="#Page_116">116</a>;</li>
+<li>his oratory, <a href="#Page_119">119</a>;</li>
+<li>at the Portland Railway Convention, <a href="#Page_120">120</a>;</li>
+<li>his views on railway legislation, <a href="#Page_126">126</a>;</li>
+<li>opposes the Shediac Railway, <a href="#Page_127">127</a>;</li>
+<li>his bill for the reduction of salaries defeated in the legislative council, <a href="#Page_127">127</a>;</li>
+<li>decline of popularity, <a href="#Page_128">128</a>;</li>
+<li>appointed a judge, <a href="#Page_130">130</a>;</li>
+<li>Fenety's estimate of, <a href="#Page_131">131</a>;</li>
+<li>appointed lieutenant-governor, <a href="#Page_133">133</a>;</li>
+<li>his religious views, <a href="#Page_133">133</a>;</li>
+<li>as a lecturer, <a href="#Page_134">134</a>;</li>
+<li>takes part in the Aroostook War, <a href="#Page_135">135</a>;</li>
+<li>his love of flowers, <a href="#Page_136">136</a>;</li>
+<li>illness and death, <a href="#Page_137">137</a>;</li>
+<li>character and achievements, <a href="#Page_137">137-9</a></li></ul></li>
+
+<li>Wilmot, William, father of L. A. Wilmot, <a href="#Page_3">3</a>;<ul>
+<li>a Baptist local preacher, <a href="#Page_10">10</a>;</li>
+<li>member of the House of Assembly in 1816, <a href="#Page_10">10</a></li></ul></li>
+</ul>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of Wilmot and Tilley, by James Hannay
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@@ -0,0 +1,7610 @@
+The Project Gutenberg EBook of Wilmot and Tilley, by James Hannay
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Wilmot and Tilley
+
+Author: James Hannay
+
+Release Date: July 19, 2008 [EBook #26086]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK WILMOT AND TILLEY ***
+
+
+
+
+Produced by Jason Isbell, Stephen Blundell and the Online
+Distributed Proofreading Team at https://www.pgdp.net (This
+file was produced from images generously made available
+by The Internet Archive/Canadian Libraries)
+
+
+
+
+
+
+
+
+
+              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.
+
+
+
+
+CHAPTER II
+
+ELECTED TO THE LEGISLATURE
+
+
+Shortly after the general election, Chief-Justice Chipman, who had been
+in infirm health, resigned his office, and a vacancy was thus left on
+the bench of the supreme court of the province. In the natural course,
+this office ought to have gone to the attorney-general, Mr. L. A.
+Wilmot, but this appointment was not made. The council were unable to
+unite in any recommendation to the governor, who consequently laid all
+the facts before the home government and in reply received instructions
+to give the chief-justiceship to Judge Carter and to offer the puisne
+judgeship to Mr. Wilmot, or, if he should refuse it, to Mr. Kinnear, the
+solicitor-general. The executive council complained that the appointment
+of Mr. Wilmot to a seat on the bench by the authority of the secretary
+of state without the advice or recommendation of the responsible
+executive within the province, was at variance with the principles of
+responsible government which were understood to be in force. They,
+however, had only themselves to thank for this, for they were
+continually appealing to Downing Street. As a majority of the House had
+been elected as opponents of the government, it was supposed there
+would be no difficulty in bringing about a change of administration. Mr.
+Simonds, of St. John, who was reputed to be a Liberal, was elected
+speaker without opposition, and at an early day in the session Mr.
+Ritchie, of St. John, moved, as an amendment to the address, a
+want-of-confidence resolution. This resolution, instead of being carried
+by a large majority as was expected, was lost by a vote of fifteen to
+twenty-two, Messrs. Alexander Rankine and John T. Williston, of
+Northumberland, Messrs. Robert Gordon and Joseph Reed, of Gloucester,
+Mr. A. Barbarie, of Restigouche, and Mr. Francis McPhelim, of Kent,
+having deserted their Liberal allies. Had they proved faithful, the
+government would have been defeated, and the province would have been
+spared another three years of an incompetent administration.
+
+In this division, Tilley and Needham, who represented the city of St.
+John, and Messrs. R. D. Wilmot and Gray, two of the county members,
+voted for Ritchie's amendment. As Wilmot and Gray showed by their votes
+that they had no confidence in the government in February, 1851, it was
+with much surprise that the people of St. John, in the August following,
+learned that they had become members of the administration which they
+had so warmly condemned a few months before. Their secession from the
+Liberal party destroyed whatever chance had before existed of ousting
+the government. Mr. Fisher had seceded from the government in
+consequence of their action in reference to the judicial appointments,
+and John Ambrose Street, who was a member for Northumberland, became
+attorney-general in place of Robert Parker, appointed a judge. Mr.
+Street was a ready debater and a strong Conservative, and his entrance
+into the government at that time showed that a Conservative policy was
+to be maintained.
+
+{RAILWAY LEGISLATION}
+
+Mr. Street, as leader of the government in the assembly, presented a
+long programme of measures for the consideration of the legislature,
+none of which proved to be of any particular value. The municipal
+corporation bill was passed, but it was a permissive measure, and was
+not taken advantage of by any of the counties. A bill to make the
+legislative council elective, which was also passed in the Lower House
+at the instance of the government, was defeated in the Upper Chamber.
+The bill appointing commissioners on law reform was carried, and
+resulted in the production of the three volumes of the revised statutes
+issued in 1854. The most important bill of the session, introduced by
+the government, was one in aid of the construction of a railroad from
+St. John to Shediac. This bill provided that the government should give
+a company two hundred and fifty thousand pounds sterling, to assist in
+the construction of the line referred to. There was also a bill to
+assist the St. Andrews and Quebec Railroad to the extent of fifty
+thousand pounds, and a bonus or subvention to the Shediac line
+amounting to upwards of eleven thousand dollars a mile, for which sum a
+very good railway could be constructed at the present time. It may be
+stated here that, although the company was formed and undertook to build
+a railway to Shediac under the terms offered by the government, the
+province had eventually to build the road at a cost of forty thousand
+dollars a mile, or fully double what a similar road could be constructed
+for now.
+
+{KING'S COLLEGE}
+
+One of the measures brought forward by the government at this session
+was with reference to the schools of the province. The idea of taxing
+the property of the county for the support of public schools had not
+then found any general acceptance in New Brunswick; indeed, it was not
+till the year 1872 that the measure embodying this principle was passed
+by the legislature. The government school bill of 1851 provided that the
+teachers were to be paid in money, or board and lodging, by the district
+to the amount of ten pounds for six months, in addition to the
+government allowance. This bill was a very slight improvement on the Act
+then in force, and as the government left it to the House to deal with,
+and did not press it as a government measure, it was not passed. A
+private member, Mr. Gilbert, of Queens, at this session proposed to
+convert King's College into an agricultural school, with a model farm
+attached. King's College had been established by an Act passed in 1829,
+and had received a large endowment from the province, but it never was a
+popular institution because of its connection with a single Church. The
+original charter of the college made the bishop of the diocese the
+visitor, and required the president to be always a clergyman of the
+Church of England; and, although this had been changed in 1845 by the
+legislature, the number of students who attended it was always small,
+and it was shown in the course of debate that it had failed to fulfil
+the object for which it was created. The college council consisted of
+fifteen members, of whom ten were Episcopalians; and the visitor, the
+chancellor, the president, the principal, five out of seven of the
+professors and teachers, and the two examiners were members of the same
+Church. The services in the college chapel were required to be attended
+by all resident students, and of the eighteen students then in the
+college, sixteen were Episcopalians. It was felt that this college
+required to be placed on a different footing, and Mr. Gilbert's bill,
+although it provoked much hostile comment at the time, certainly would
+have been more beneficial to the educational interests of the country,
+if it had passed, than the state of affairs which resulted from the
+continuance of the old system. An agricultural school was the very thing
+the province required, while, judging from the limited attendance at the
+college at that time, the people of this province were not greatly
+impressed with the value of a classical education. In 1851, however,
+any one who proposed to replace a college for the teaching of Greek and
+Latin with a college of agriculture, and the sciences allied to it, was
+looked upon as a Philistine. Then youths were taught to compose Latin
+and to read Greek who never, to the day of their death, had a competent
+knowledge of their own language; and agricultural studies, which were of
+the highest importance to more than one-half of the people of the
+province, were totally neglected. Mr. Gilbert's bill was defeated, as it
+was certain to be in a legislature which was still under the domination
+of old ideas. Had it passed, New Brunswick might at this time have had a
+large body of scientific farmers capable of cultivating the soil in the
+most efficient manner, and increasing its productiveness to an extent
+hardly dreamed of by those who only consider it in the light of the
+present system of cultivation.
+
+During this session, Mr. Ritchie of St. John moved a series of
+resolutions condemning the government, and complaining of the colonial
+office and of the conduct of the governor. These resolutions declared:
+first, that the House was entitled to full copies of all despatches
+addressed to or received from the colonial office, and that it was not
+enough merely to send extracts from a despatch which had been received
+by the governor. They declared that the power of making appointments to
+offices was vested in the governor by and with the advice of the
+executive council, and that the appointment of the chief-justice and a
+puisne judge by the governor, contrary to the advice of his council, was
+inconsistent with the principles of responsible government. They
+complained that the salaries were excessive, and condemned the refusal
+of the British government to allow the colonies to grant bounties for
+the development of their resources. These resolutions, after being
+debated for about a week, were rejected by a vote of twenty-one to
+nineteen, the smallness of the majority against them at the time being
+looked upon as virtually a Liberal victory. If the nineteen had been
+made up of men who could be relied on to stand by their colours in all
+emergencies, it would have been a Liberal triumph, but, unfortunately,
+among the nineteen there were some who afterwards deserted their party
+for the sake of offices and power.
+
+{A POLITICAL SURPRISE}
+
+Early in August it was announced that John H. Gray and R. D. Wilmot, two
+of the Liberal members for the county of St. John, had abandoned their
+party and their principles and become members of the government. The
+Liberals of St. John, who had elected these gentlemen by a substantial
+majority, were naturally chagrined at such a proof of their
+faithlessness, and their colleagues were likewise greatly annoyed.
+Messrs. Gray and Wilmot made the usual excuses of all deserters for
+their conduct, the principal one being that they thought they could
+serve the interests of the constituency and of the province better by
+being in the government than out of it. The friends of the four members
+who still remained faithful, Messrs. Tilley, Simonds, Ritchie and
+Needham, held a meeting at which these gentlemen were present, and it
+was agreed that they should join in an address to their constituents
+condemning the course of Messrs. Wilmot and Gray, and calling on the
+constituency to pronounce judgment upon it. As Wilmot, who had been
+appointed to the office of surveyor-general, had to return to his
+constituency for reelection, the voice of the constituency could only be
+ascertained by placing a candidate in the field in opposition to him.
+This was done, and Mr. Allan McLean was elected to oppose Mr. Wilmot.
+The result seemed to show that the people of St. John had condoned the
+offence, for Wilmot was reelected by a majority of two hundred and
+seventy-three. As this appeared to be a proof that they had lost the
+confidence of their constituents, Messrs. Simonds, Ritchie and Tilley at
+once resigned their seats and did not offer for reelection. This act
+was, at the time, thought by many to indicate an excess of
+sensitiveness, and Needham refused to follow their example, thereby
+forfeiting the regard of most of those who had formerly supported him.
+The sequel proved that the three resigning members were right, for they
+won much more in public respect by their conduct than they lost by their
+temporary exclusion from the House of Assembly.
+
+{THE ST. JOHN ELECTION}
+
+The gentlemen returned for the three seats in St. John which had been
+vacated by the resigning members were James A. Harding, John Goddard and
+John Johnson. Mr. Harding, who ran for the city, was opposed by S. K.
+Foster. Harding was a Liberal, but this fact does not seem to have been
+kept in view when he was elected. The net result of the whole affair was
+that the constituency of St. John could not be relied upon to support a
+Liberal principle, or any kind of principle as against men. That has
+always been a peculiarity of the St. John constituencies, men being more
+important than measures, and frequently a mere transient feeling being
+set off against the most important considerations of general policy.
+
+Tilley was not in the House of Assembly during the sessions of 1852,
+1853 and 1854; that period was one, however, of development in political
+matters and of substantial progress. The governor's speech at the
+opening of the session of 1852 was largely devoted to railways, and it
+expressed the opinion that a railroad connecting Canada and Nova Scotia,
+and a connection with a line from St. John to the United States, would
+produce an abundant return to the province, and that by this means
+millions of tons of timber, then standing worthless in the forest, would
+find a profitable market. It was during this session that Messrs. Peto,
+Brassy and Betts proposed to construct the European and North American
+Railway, on certain conditions. The subsidies offered by the province at
+this time were twenty thousand pounds a year for twenty years, and a
+million acres of land for the European and North American Railway, as
+the line to the United States was termed; and for the Quebec line,
+twenty-two thousand pounds sterling for twenty years, and two million
+acres of land. A new company, which included Mr. Jackson, M. P., offered
+to build the New Brunswick section of both railroads, upon the province
+granting them a subsidy of twenty thousand pounds a year for twenty
+years, and four million acres of land. Attorney-General Street
+introduced a series of railway resolutions favouring the building of the
+Intercolonial Railway jointly by the three provinces, according to terms
+which had been agreed upon by the delegates of each. The arrangement was
+that the Intercolonial Railway should be built through the valley of the
+St. John, and for favouring resolutions in the House confirming this
+arrangement, Mr. Street's Northumberland constituents called upon him to
+resign his seat, a step which he refused to take.
+
+{INTERCOLONIAL RAILWAY}
+
+The government railway resolutions were carried by a large majority.
+During the recess Mr. Chandler, as a representative of New Brunswick,
+and Mr. Hincks, a representative of Canada, went to London to endeavour
+to obtain from the British government a sum sufficient to build the
+Intercolonial Railway. The request of the delegates was refused on the
+ground that such a work had to be one of military necessity, and that
+the route which had been selected, by the valley of the St. John, was
+not a proper one for military purposes. As Mr. Chandler could not obtain
+what he wished from the British government, he applied to Messrs. Peto,
+Brassy and Betts, who said they were prepared to build all the railroads
+that New Brunswick might require, upon the most advantageous terms. Mr.
+Jackson visited the province in September of the same year, and it was
+agreed that his company should build a railway from St. John to Amherst,
+and from St. John to the United States frontier, the distance being then
+estimated at two hundred and fourteen miles, for the sum of sixty-five
+hundred pounds sterling per mile. The province was to take stock to the
+extent of twelve hundred pounds per mile, and to lend its bonds to the
+company for one thousand eight hundred pounds additional per mile. The
+completion of this arrangement caused great rejoicing in the province,
+especially in St. John, a special session of the legislature being
+called on October 21st for the express purpose of amending the Railway
+Act so that it might conform to the new conditions. As both branches of
+the legislature were strongly in favour of the railway policy of the
+government, the necessary bills were speedily passed and the legislature
+was prorogued after a session of eight days.
+
+The meeting of the legislature in 1853 derived its principal importance
+from the fact that much of its time was taken up with the discussion of
+the question of a reciprocity treaty with the United States of America.
+The discussion disclosed a strong disinclination on the part of many
+members to any arrangement by which the fisheries would be surrendered.
+An address to the queen was agreed to by both branches of the
+legislature in which it was stated that the exclusive use of the
+fisheries by the inhabitants of British North America would be much more
+advantageous and satisfactory than anything which the United States
+could offer as an equivalent. It was also stated that no reciprocity
+treaty with that country would be satisfactory to New Brunswick which
+did not embrace the free exchange of raw materials and natural products
+and the admission of colonial built vessels to registry in American
+ports. The tone of the discussions on this subject, both in 1853 and
+1854, shows that reciprocity with the United States was not generally
+regarded as being an equivalent for the giving of the fisheries to our
+neighbours, and it is quite clear that, so far as New Brunswick was
+concerned, the reciprocity treaty would not have been agreed to had it
+not been that the matter was in the hands of the British government, and
+that the legislature of the province was not disposed to resist
+strenuously any arrangement which that government thought it wise to
+make.
+
+
+
+
+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.
+
+
+
+
+CHAPTER IV
+
+REFORM AND PROGRESS
+
+
+The result of the election was the defeat of the government. Mr. Tilley
+lost his seat for St. John city, and the Hon. James Brown, the
+surveyor-general, was rejected by the county of Charlotte, so that two
+of the principal members of the executive were not in their places when
+the House was called together in July. The city of St. John, and the
+city and county of St. John, sent a solid phalanx of six members opposed
+to prohibition, and an Act repealing the prohibitory liquor law was
+passed by a vote of thirty-eight to two. The new government which was
+formed had for its principal members, the Hon. John H. Gray, who became
+attorney-general; the Hon. John C. Allen, solicitor-general; the Hon. R.
+D. Wilmot, provincial secretary; the Hon. John Montgomery,
+surveyor-general, and the Hon. Francis McPhelim, postmaster-general. The
+other members of the executive council were the Hon. Edward B. Chandler,
+the Hon. Robert L. Hazen and the Hon. Charles McPherson.
+
+When the House met in July, the Hon. Charles Simonds, of St. John, was
+elected speaker, and it was soon discovered, after the liquor bill had
+been disposed of, that the majority supporting the government was so
+small as to make it impossible for them to accomplish any useful
+legislation. When the legislature again met, in the early part of 1857,
+it was seen that in a House of forty-one members twenty were arrayed
+against the government, and the only way in which government business
+could be done was by the casting vote of the speaker. This condition of
+affairs speedily became intolerable, because it practically made
+legislation impossible, but it was brought to an end by Mr. McMonagle,
+one of the members for the county of Kings, withdrawing his support from
+the government. Two courses only were now open to them, to tender their
+resignations or advise the dissolution of the legislature, and they
+chose the latter. The House of Assembly was dissolved by proclamation on
+April 1st, 1857, and the writs for the election were made returnable on
+May 16th.
+
+{THE FISHER GOVERNMENT}
+
+The excitement attending this second election was, if possible, even
+greater than during the election of 1856, for the public mind had been
+wrought up to a high state of tension by the proceedings in the House
+and the numerous divisions in which the government was supported only by
+the casting vote of the speaker. The result of the election was so
+unfavourable to the Gray-Wilmot government that they at once tendered
+their resignations to the lieutenant-governor, agreeing to hold office
+only until their successors were appointed. The most bitter contest of
+the election centred in the city of St. John, and it resulted in the
+election of Mr. Tilley, with Mr. James A. Harding for his colleague, the
+latter having changed his views in regard to the question at issue since
+the previous election, when he was chosen as an opponent of the
+government of which Tilley had been a member. When the Gray-Wilmot
+government resigned, the lieutenant-governor sent for Mr. Fisher, and
+entrusted to him the business of forming a new government. The
+government thus formed comprised the Hons. James Brown, S. L. Tilley,
+William Henry Steeves, John M. Johnson, Albert J. Smith, David Wark and
+Charles Watters. The Hon. Charles Fisher became attorney-general, and,
+resigning his seat, was reelected for the county of York prior to the
+meeting of the legislature on June 24th, 1857. The session lasted only
+until July 1st, being merely held for the purpose of disposing of the
+necessary business. James A. Harding was elected speaker of the House,
+and the legislation was confined to the passage of the supply bills, and
+matters that were urgent. Tilley took no part in the legislation of this
+session, for his seat immediately became vacant by his appointment as
+provincial secretary. The other departments were filled by the
+appointment of Mr. Brown to the office of surveyor-general; of Mr.
+Charles Watters, to the office of solicitor-general, and of John M.
+Johnson as postmaster-general.
+
+The legislature met again on February 10th, 1858, and the speech from
+the throne dealt mainly with the financial crisis, the Intercolonial
+Railway, and the progress that was being made in the construction of the
+line between St. John and Shediac as a part of what was termed the
+European and North American Railway. The speech also referred to the
+fact that the surplus civil list fund had been, by arrangement with the
+British government made the previous year, placed at the disposal of the
+House of Assembly. It was soon seen that the government was strong in
+the House, the first test vote being that taken on the passage of the
+address in reply to the speech from the throne. This came in the form of
+an amendment, regretting that the arrangement in regard to the surplus
+civil list fund had been acceded to without the consent of the House.
+This amendment to the address received the support of only six members.
+A return brought down at an early period in the session showed that the
+revenue of the province for the fiscal year, ending October 31st, 1857,
+amounted to $668,252 an increase of $86,528 over the previous year. Of
+this sum upwards of $540,000 came from import duties and what were
+termed railway impost, which was simply duties levied on imports for the
+purpose of defraying the cost of the railways then building. The casual
+and territorial revenue yielded only eighteen thousand pounds but the
+export duties reached almost twenty thousand pounds.
+
+{INTERCOLONIAL RAILWAY}
+
+The Intercolonial Railway still continued to engage the attention of the
+legislature, and correspondence with the secretary of state, with the
+government of Canada, and with the government of Nova Scotia, in regard
+to this great work, was laid before the House soon after the session
+opened. The government of New Brunswick consulted with the governments
+of Canada and Nova Scotia as to what assistance should be given by the
+imperial government towards the construction of the Intercolonial
+Railway from Halifax to Quebec, in the form of a guarantee of interest.
+The British government professed to feel a strong sense of the
+importance of the object, but thought they would not be justified in
+applying to parliament for the required guarantee, because the heavy
+expenditures to which Great Britain had been subjected did not leave
+them at liberty to pledge its revenue for the purpose of assisting in
+the construction of public works of this description, however desirable
+in themselves. The correspondence on the subject of the Intercolonial
+Railway extended over a period of more than twenty years and grew to
+enormous proportions, but it is safe to assert that this line of railway
+would not have been constructed in the nineteenth century but for the
+fact that it was undertaken by the Canadian Dominion as a work which had
+to be built for the purpose of carrying out the terms of confederation
+as set out in the British North America Act (section 145).
+
+The railway to Shediac was finally completed and opened for traffic on
+August 5th, 1860, its length being one hundred and eight miles. The
+nineteen miles between Pointe du Chene and Moncton had been open as
+early as August, 1857, and the nine miles from St. John to Rothesay, on
+June 1st, 1858. The railway was opened from St. John to Hampton in June,
+1859, and to Sussex in November of the same year. Although the people of
+the province had abated something of their enthusiasm for railways by
+the time the St. John and Shediac line was finished, still its opening
+was a great event, because it was the commencement of a new era in
+transportation and gave St. John access to the north shore, from which
+it had previously been practically shut out. Goods could now be sent by
+means of railway and steamer to Prince Edward Island, and to the New
+Brunswick ports on the Gulf of St. Lawrence, and a community of interest
+which did not exist before was thus created between the most remote
+sections of the province.
+
+The traffic receipts of the complete line were thought to be highly
+satisfactory; the business for the first three months amounted to about
+$45,000, and yielded a revenue of $18,000. This was a good showing and
+gave promise of still better things for the future. It may be
+interesting to state that in the last year that the railway was operated
+by the government of the province, the gross receipts amounted to
+$148,330, and the net receipts to $51,760. The gross and net revenue of
+the road had shown a steady increase from the first, and although it had
+been a costly public work the people of the province considered it a
+good investment. It was only after it had passed into the hands of the
+government of Canada, and become a part of the Intercolonial Railway,
+that any colour was given to the accusation that it was an unprofitable
+line. The railway from St. John to Shediac had always paid well, and
+probably, if dissociated from its connecting lines, would at this day
+pay three or four per cent, upon its original cost.
+
+{THE BALLOT}
+
+The legislation of the province between 1858 and 1861, although it
+included many useful measures, evolved nothing that calls for particular
+mention, with the exception of the law which provided for voting by
+ballot. This was an innovation to which many were opposed, but which the
+Liberal party very properly considered necessary to the protection of
+the voter, who was liable to be coerced by his employer, or by those who
+had financial relations with him. The ballot system introduced by the
+government was quite imperfect and did not insure absolute secrecy,
+because it did not provide for an official ballot such as is required in
+the system of election which now prevails in connection with the choice
+of members to our Canadian parliament. Yet it was a vast improvement on
+open voting, not only because it gave the voter a certain degree of
+protection, but also from the fact that it tended to promote order at
+elections, and to do away with that riotous spirit which was
+characteristic of the earlier contests in the province.
+
+{UNIVERSITY OF NEW BRUNSWICK}
+
+In 1859 an important step was taken for the reorganization of King's
+College, which by an Act passed in that year, was changed into the
+University of New Brunswick. There had always been a great deal of
+dissatisfaction with the college in consequence of its denominational
+character, and in 1854 an Act was passed empowering the
+lieutenant-governor to appoint a commission to inquire into the state of
+King's College, its management and utility, with a view to improving it.
+The commissioners appointed were the Hon. John H. Gray, the Rev. Egerton
+Ryerson, J. W. Dawson, the Hon. John S. Saunders and the Hon. James
+Brown. The report, which was dated December 28th, 1854, was laid before
+both branches of the legislature in 1855. In 1857 the college council
+appointed a committee and prepared a draft of a bill which was laid
+before the legislature. This, with a few slight alterations, was the
+bill which was passed in 1859 for the establishment of the University of
+New Brunswick, and in this bill were embodied the principal
+recommendations of the commissioners appointed in 1854 to enquire into
+the state of the college. This Act transferred to the University of New
+Brunswick all the property of King's College and its endowment, and made
+the university liable for the payment of the debts and the performance
+of the contracts of King's College. It created a new governing body for
+the college to be styled the senate, to be appointed by the governor in
+council, and the president of the college was required to be a member of
+that body and also to be a layman. It conferred upon the senate the
+power of appointing the professors and other officers of the university,
+except the president, and also the power of removing them from office,
+subject to the approval of the governor in council. It also authorized
+the senate to fix their salaries. It abolished the professorship of
+theology and provided for the affiliation of other institutions with the
+university, and also for a number of free scholars. This Act, which was
+passed in April, 1859, was especially approved by Her Majesty in council
+on January 25th, 1860. Thus a new era in the higher education of New
+Brunswick was commenced, and a long step was taken towards making the
+college more acceptable to the people of that province. Great hopes were
+entertained at the time that this liberalizing of the constitution of
+the college would lead to a large increase in the number of its
+students, and a more general interest in its work, but, unfortunately,
+as the sequel showed, these hopes were only partially realized.
+
+During the spring of 1860 circumstances occurred which led to the
+resignation of the postmaster-general, the Hon. Charles Connell. The
+legislature having adopted the decimal system of currency in the place
+of the pounds, shillings and pence which had been the currency of the
+province since its foundation, Mr. Connell, in March, 1860, was
+authorized to obtain a new set of postage stamps of the denominations
+required for use in the postal service of the province. No person, at
+that time, thought that a political crisis would arise out of this
+order, but it appears that Mr. Connell, guided by the example of
+presidents and postmasters-general of the United States, had made up his
+mind that instead of the likeness of the queen, which had been upon all
+the old postage stamps of the province, the five-cent stamp, the one
+which would be most in use, should bear the impress of his own
+countenance. Accordingly the Connell postage stamp, which is now one of
+the rarest and most costly of all in the lists of collectors, was
+procured and was ready to be used, when Mr. Connell's colleagues in the
+government discovered what was going on and took steps to prevent the
+new five-cent stamp from being issued. The correspondence on the
+subject, which will be found in the journals of 1861, is curious and
+interesting; it ended in the withdrawal of the objectionable stamps and
+in the resignation of Mr. Connell, who complained that he had lost the
+confidence of his colleagues, and in resigning, charged them with
+neglecting the affairs of the province. Only a few of the Connell stamps
+got into circulation, the remainder of the issue being destroyed. Mr.
+Connell's place as postmaster-general was filled by the appointment of
+James Steadman.
+
+{RESIGNATION OF MR. FISHER}
+
+In the early part of 1861 a very important event occurred in connection
+with the government which produced a lasting effect on provincial
+politics. Charges were made by a St. John Conservative paper, _The
+Colonial Empire_, in which it was stated that members of the government
+and certain Crown lands officials had been purchasing the most desirable
+and valuable Crown lands of the province for speculative purposes, and
+that in bringing these lands to sale the government regulations had been
+violated and the public treasury had suffered. A committee of the House
+was appointed to investigate these charges, and inquiry established the
+fact that an official of the Crown lands department had purchased some
+eight hundred acres. These lands were all bought at public sale, but in
+the forms of application other names were used, which was a violation of
+the rules of the department. A portion of the press at the time created
+a widespread excitement upon this subject, and the services of the
+official referred to were dispensed with. Some of the supporters of the
+government also took such ground in reference to the attorney-general,
+Mr. Fisher, that his retirement from the government became necessary,
+the accusation against him being that he had negligently permitted some
+improper sales of Crown lands to be made. It was felt at the time by
+some that the penalty that was paid by the attorney-general was
+excessive for the offence; but, under the excitement then existing, it
+was the only course that could be taken to avoid the defeat of the
+government. At the general election that followed a few months later,
+Mr. Fisher was reelected for the county of York, and later on, after the
+excitement had passed over, the delinquent Crown lands official was
+reinstated. At the same election, that took place in 1861, the
+government was handsomely sustained, after one of the warmest contests
+that had ever taken place in New Brunswick. Probably the most effective
+nomination speech ever made by Tilley, during his long political career,
+was the one then delivered at the court-house, St. John, in his own
+defence, and in the vindication of his government against the charges
+made by the Opposition candidates and press.
+
+
+
+
+CHAPTER V
+
+THE INTERCOLONIAL RAILWAY
+
+
+The imperfect means of communication between the Maritime Provinces and
+Canada had long been recognized as a great evil, and very soon after the
+introduction of railways into England a line of railway was projected to
+run from St. Andrews, in New Brunswick, to Quebec. The transfer of a
+considerable tract of territory, which had been believed to be in New
+Brunswick, to the state of Maine, under the terms of the Ashburton
+Treaty, gave a check to this enterprise, and financial difficulties
+afterwards prevented its accomplishment. A more promising scheme was
+that of a railway from Halifax to Quebec, and this so far received the
+approval of the British government that an officer of engineers, Major
+Robinson, was, in 1847, detailed to conduct a survey of the proposed
+line. As this gentleman was influenced by purely military
+considerations, his line was carried as far from the United States
+boundary as possible, and consequently by a very long and circuitous
+route. During the session of 1852, Attorney-General Street introduced a
+series of resolutions in the New Brunswick legislature favouring the
+building of the Intercolonial Railway jointly by Canada, New Brunswick
+and Nova Scotia, according to terms which had been agreed upon by the
+delegates of each. This arrangement was that the Intercolonial Railway
+should be built through the valley of the St. John. These resolutions
+were carried by a large majority. During the recess, Mr. Chandler, as
+the representative of New Brunswick, and Mr. Hincks, the representative
+of Canada, went to London to endeavour to obtain from the British
+government financial aid to build the Intercolonial Railway. This was
+refused on the ground that such a work had to be one of military
+necessity. Further efforts were made in 1855, and again in 1858, to
+influence the British government in favour of this railway, but without
+result; the answer of Downing Street being that the heavy expenditure
+involved in the Crimean War prevented the government from assisting in
+the construction of public works, such as the Intercolonial Railway,
+however desirable in themselves.
+
+{DELEGATION TO ENGLAND}
+
+The effort to secure the construction of the Intercolonial Railway was
+renewed in 1861. At a meeting of delegates representing Canada, Nova
+Scotia and New Brunswick, which was held at Quebec on September 30th, it
+was resolved that the three governments should renew the offers made to
+the imperial government in 1858 with reference to the Intercolonial
+Railway, and that the route to be adopted be decided by the imperial
+government. The Hon. Mr. Tilley, who was at this Quebec meeting, was
+sent to England as a delegate to confer with the imperial government
+with regard to the railway, while Nova Scotia was represented by the
+Hon. Joseph Howe, and Canada, by the Hon. P. M. Vankoughnet. The
+delegates reached England in November and placed themselves in
+communication with the Duke of Newcastle, who was then colonial
+secretary, and they also had interviews with the prime minister, Lord
+Palmerston, the chancellor of the exchequer, the secretary of war, and
+the president of the board of trade. While in England, the seizure of
+the commissioners of the southern confederacy, Messrs. Mason and
+Slidell, by Commodore Wilkes, on board the British mail steamer _Trent_,
+produced a crisis in the relations between Great Britain and the United
+States which seemed likely to lead to a war, and greatly strengthened
+the position of the delegates, who were able to point out the difficulty
+involved in defending Canada without a railway to the sea. They
+presented their views to the colonial secretary in a very ably written
+state paper, which should have convinced those to whom it was addressed
+that the railway was an absolute necessity. The delegates estimated the
+cost of the railway at L3,000,000 sterling, and they asked the imperial
+government to join in a guarantee of four per cent. interest on this
+sum, each of the provinces to guarantee L20,000 a year for this purpose
+and the imperial government, L60,000. This proposal was rejected by the
+British government, but it offered "an imperial guarantee of interest
+towards enabling them to raise by public loan, at a moderate rate, the
+requisite funds for constructing the railway." The British government,
+therefore, would do nothing for this great work except to indorse the
+bonds of the provinces to a limited extent, for it was stated in the
+Duke of Newcastle's letter to the delegates that "the nature and extent
+of the guarantee must be determined by the particulars of any scheme
+which the provincial governments may be disposed to found on the present
+proposal and on the kind of security which they would offer."
+
+Delegates representing the three provinces met in Quebec in September,
+1862, to consider this offer, New Brunswick being represented by Messrs.
+Tilley, Steeves and Mitchell. The delegates from the Maritime Provinces
+declared their willingness to propose to their respective governments to
+accept the proposition of the Duke of Newcastle if Canada would bear
+one-half of the expense of the railway instead of one-third. The
+Canadian government offered to assume five-twelfths of the liability for
+the construction and working of the Intercolonial, and to this the
+delegates for New Brunswick and Nova Scotia had to agree. This imposed a
+very serious burthen on two provinces, which, between them, had only six
+hundred thousand inhabitants, and their willingness to assume it shows
+the interest they took in this great work.
+
+{NEGOTIATIONS IN ENGLAND}
+
+In pursuance of an arrangement made at this Quebec meeting, delegates
+from the three provinces went to England to arrange the terms of the
+guarantee with the British government; the Hon. Mr. Tilley represented
+New Brunswick, and the Hon. Joseph Howe, Nova Scotia. Mr. Gladstone, who
+was then chancellor of the exchequer, insisted on a sinking fund being
+provided, which was to be a first charge on the revenues of the several
+provinces. This sinking fund was objected to by the colonial delegates,
+but the only modification in its terms which they were able to obtain
+was that the sinking fund was not to take precedence of any existing
+liability. Before leaving England, Messrs. Tilley and Howe prepared and
+submitted a memorandum to the Duke of Newcastle in which they expressed
+a hope that Mr. Gladstone might be induced to reconsider the matter of
+the sinking fund, and that it would not be insisted on. The Canadian
+delegates left England without an acceptance of the terms proposed by
+Mr. Gladstone, and without a formal rejection of them. Previous to the
+meeting of the Canadian parliament, Tilley proceeded to Quebec to urge
+upon the Canadian government the preparation of the necessary bills to
+carry out the agreement entered into for the construction of this great
+railway. He reported to the lieutenant-governor on his return that the
+government of Canada, for reasons stated, could not then undertake to
+pass the legislation required, which they greatly regretted, but that
+they had not abandoned the arrangements for the construction of the
+railway. The Canadian government's declaration in the course of the
+session that they had abandoned this important enterprise was,
+accordingly, a source of great surprise and regret. The governments of
+New Brunswick and Nova Scotia passed the necessary legislation at the
+next session, but the government of Canada took no further step in the
+matter until the confederation negotiations were commenced in 1864.
+
+
+
+
+CHAPTER VI
+
+THE MOVEMENT FOR MARITIME UNION
+
+
+We now come down to an event of the greatest interest, in which Mr.
+Tilley took part, and one of such vast and far-reaching importance that
+it quite overshadows all the other events of his career. The
+confederation of the Canadian provinces was, beyond all question, the
+most notable colonial movement within the British empire since the
+American Declaration of Independence. It changed at once the whole
+character of the colonial relations which had subsisted with the mother
+country, and substituted for a few weak and scattered colonies a
+powerful Dominion, able to speak with a united voice, and stand as a
+helpmeet to the nation from which most of its people had sprung. No man,
+whatever his views as to the wisdom of that political union may have
+been at the time, can now deny that it was timely and necessary, if the
+colonies and the mother country were to preserve their connection with
+each other. It is safe to say that, if confederation had not taken place
+in 1867, British interests on this continent would have suffered, and
+possibly some of the colonies would now have been a part of the United
+States. The policy of separating the colonies from England, which has
+been so much advocated by many leading public men in the great republic,
+would have found free scope, and by balancing the interests of one
+colony against those of another, promoting dissensions and favouring
+those provinces which were disposed to a closer union with the United
+States, something might have been done to weaken their connection with
+the British empire, which is now the glory and the strength of the
+Dominion of Canada.
+
+The question of the union of the several colonies of British North
+America was by no means a new one when it came up for final settlement.
+It had been discussed at a very early period in the history of the
+provinces, and indeed it was a question which it was quite natural to
+discuss, for it seemed but reasonable that colonies of the same origin,
+owing the same allegiance, inhabited by people who differed but little
+from each other in any respect, and with many commercial interests in
+common, should form a political union. No doubt it might have been
+brought earlier to the front as a vital political question but for the
+fact that the British government, which was most interested in promoting
+the union of the colonies, took no step towards that end until almost
+compelled by necessity to move in the matter. The colonial policy of
+England, as represented by the colonial office and in the royal
+instructions to colonial governors, has seldom been wise or far-seeing,
+and the British colonies which now girdle the world, have been built up
+mainly as the result of private enterprise; for the part taken by the
+government has, in most cases, been merely to give official sanction to
+what private individuals have already done, and to assist in protecting
+British interests when they have become important, especially in new
+regions of the world.
+
+{CONFEDERATION FORESHADOWED}
+
+When the Earl of Durham was sent out as governor-general of Canada after
+the rebellion there in 1838, he suggested in his report that the union
+of the colonies of British North America was one of the remedies which
+ought to be resorted to for the pacification of Canada and the
+reconstruction of its constitution. While a large proportion of the
+people of the colonies looked with favour upon the idea of a political
+union, there was in all of them a large body of objectors who were
+steadily opposed to it. People of that kind are to be found in all
+countries, and they have existed in all ages of the world's history.
+They are the persons who see in every new movement a thousand
+difficulties which cannot be surmounted. Their minds are constructed on
+the principle of rejecting all new ideas, and clinging to old forms and
+systems long after they have lost their vitality. They are a class who
+look back for precedents for any step of a political character which it
+is proposed to take, and who judge of everything by the standard of some
+former age. They seem to forget that precedents must be created some
+time or another, and that the present century has as good a right to
+create precedents as any of its predecessors. To these people every
+objection that could be urged against confederation was exaggerated and
+magnified, and whenever any proposal was made which seemed to tend
+towards the union of the colonies, their voices were heard upon the
+other side. We need not doubt the honesty or loyalty of these objectors,
+or consider that they were unfavourable either to British connection or
+to the building up of the empire. It was merely their misfortune that
+they were constitutionally adverse to change, and could not see any
+merit in a political movement which involved the idea of novelty.
+
+For some time the principal advocate of confederation in the Maritime
+Provinces was the Hon. Joseph Howe, a man of such ability and force of
+character that on a wider stage he might have risen to eminence, and
+ranked amongst the world's great statesmen.[10] It is impossible indeed
+not to regret that so great a man, one so imperial in his instincts and
+views, should have been condemned to spend his life within the bounds of
+one small province.
+
+{ATTITUDE OF COLONIAL OFFICE}
+
+The question of the political union of the British North American
+provinces was brought up in the House of Assembly of Nova Scotia in
+1854, and then the leaders of both parties, the Hon. Mr. Johnson for the
+Conservatives, and the Hon. Mr. Howe for the Liberals, united in
+advocating the measure, and in depicting the advantage which would
+accrue from it not only to Nova Scotia, but to every British province in
+North America. In 1858 the question of confederation was discussed in
+the parliament of Canada, and such a union was made a part of the policy
+of the government; for Mr. A. T. Galt, on becoming a member of the
+administration, insisted upon its being made a cabinet question, and Sir
+Edmund Head, the governor-general, in his speech at the close of the
+session, intimated that his government would take action in the matter
+during the recess. Messrs. Cartier, Galt, and Ross, who were in England
+representing the government of Canada, waited upon the colonial
+secretary, Sir Edward Bulwer Lytton, asking the authority of the
+imperial government for a meeting of representatives from each of the
+colonies to take the question of union into consideration. The colonial
+secretary informed the Canadian delegates, no doubt after consultation
+with his colleagues, that the question of confederation was necessarily
+one of an imperial character, and declined to authorize the meeting,
+because no expression of sentiment on the subject had as yet been
+received from any of the Maritime Provinces except Nova Scotia. The Earl
+of Derby's government fell a few months after this declaration of its
+policy in regard to the colonies, and was succeeded by the government of
+Lord Palmerston, which was in office at the time when the negotiations
+which resulted in the confederation of the colonies were commenced. At
+first Lord Palmerston's government seems to have been no more favourable
+to the union of the colonies than its predecessor; for in 1862 the Duke
+of Newcastle, then colonial secretary, in a despatch to the
+governor-general of Canada, after stating that Her Majesty's government
+was not prepared to announce any definite policy on the question of
+confederation, added that, "If a union, either partial or complete,
+should hereafter be proposed, with the concurrence of all the provinces
+to be united, I am sure that the matter would be weighed in this country
+both by the public, by parliament and by Her Majesty's government, with
+no other feeling than an anxiety to discern and promote any course which
+might be the most conducive to the prosperity, strength and harmony of
+all the British communities of North America." It must always be a
+subject of astonishment that the British government for so many years
+should have had no definite policy on a matter so momentous, and that
+they should have sought to discourage, rather than otherwise, a project
+which has been of such vast importance to the empire.
+
+The first impulse in favour of confederation in the minds of the members
+of Lord Palmerston's cabinet seems to have developed about the time when
+it became evident that the result of the civil war in the United States
+would be the defeat of the southern confederacy and the consolidation
+of the power of the great republic in a more effectual union than that
+which had existed before. No one who was not blind could fail to see
+that this change of attitude on the part of the United States would
+demand a corresponding change in the relations of the British colonies
+towards each other; for from being a mere federation of states, so
+loosely connected that secession was frequently threatened by states
+both north and south, the United States, as the result of the war, had
+become a nation with a strong central government, which had taken to
+itself powers never contemplated by the constitution, and which added
+immensely to its offensive and defensive strength.
+
+{A MISSIONARY OF UNION}
+
+In 1863, Thomas D'Arcy McGee, a member of the Canadian cabinet and a man
+of great eloquence and ability, visited St. John and delivered a lecture
+in the Mechanics' Institute Hall on the subject of the union of the
+colonies. His lecture was fully reported in the _Morning News_, a paper
+then published in that city, and attracted wide attention because it
+opened up a subject of the highest interest for the contemplation of the
+people of the provinces. Shortly afterwards a series of articles on the
+same subject, written by the author of this book, appeared in the
+columns of the _Morning News_, and were widely read and quoted. These
+articles followed closely the lines laid down for the union of the
+colonies by the late Peter S. Hamilton, of Halifax, a writer of ability
+whose articles on the subject were collected in pamphlet form and
+extensively circulated. Thus in various ways the public mind was being
+educated on the question of confederation, and the opinion that the
+union of the British North American colonies was desirable was generally
+accepted by all persons who gave any attention to the subject. It was
+only when the matter came up in a practical form and as a distinct
+proposition to be carried into effect, that the violent opposition which
+was afterwards developed against confederation began to be shown.
+
+An event occurred in the summer of 1864 which had its effect on the
+question of confederation. Up to that time the people of Canada and New
+Brunswick had been almost wholly unknown to each other, because the
+difficulties of travelling between the two provinces were so great. Any
+person who desired to reach Montreal at that time from St. John had to
+take the international steamer to Portland, Me., and was then carried by
+the Grand Trunk Railway to his destination. Quebec could be reached in
+summer by the steamer from Pictou which called at Shediac, but in winter
+the journey had to be made by the Grand Trunk Railway from Portland, the
+only alternative route being the road by which the mails were carried
+from Edmunston north to the St. Lawrence. Under these circumstances the
+people of the Canadian provinces and of the Maritime Provinces had but
+few opportunities of seeing each other, and the people of all the
+provinces knew much more of their neighbours in the United States than
+they did of their fellow-colonists. One result of the Hon. D'Arcy
+McGee's visit in 1863 was an invitation by the city of St. John to the
+legislature of Canada to visit the Maritime Provinces. The invitation
+was accepted and a party of about one hundred, comprising members of the
+legislature, newspaper men, and others, visited St. John in the
+beginning of August, 1864. Their trip was extended to Fredericton, where
+they were the guests of the government of New Brunswick, and to Halifax,
+where they were the guests of that city and of the government of Nova
+Scotia. This visit produced a good effect upon the public mind, and
+enabled the Maritime people to see what kind of men their
+fellow-colonists of Upper and Lower Canada were.
+
+{POLITICAL CRISIS IN CANADA}
+
+In the meantime a great crisis had arisen in the government of Canada,
+which was the immediate cause of the active part which that province
+took in the confederation movement. When Upper and Lower Canada were
+united in 1841, it was arranged that the representation of each province
+in the legislature should be equal. The arrangement at that time was
+favourable to Upper Canada, which had a smaller population than Lower
+Canada; but in the course of time, as the population of Upper Canada
+increased faster than that of the lower province, the people of Upper
+Canada felt that they had less representation than they were entitled
+to, and this state of affairs led to the raising of the cry of
+"Representation by Population" which was so often heard in that province
+prior to the era of confederation. In 1864 Upper Canada had half a
+million more people than Lower Canada, and yet was only entitled to the
+same number of members in the legislature. Another serious difficulty,
+which arose out of the union, was the necessity, which not long
+afterwards began to be recognized, of the government having a majority
+in the legislature from each section of the province. This, in time,
+grew to be so great an evil that the successful government of Canada
+became almost impossible, for the majority for the government in one
+province might at any time be disturbed by some local feeling, and as a
+consequence the government overthrown. To trace the history of the
+difficulties which arose from this cause would be to recite twenty years
+of the history of Canada; but it is only necessary to point out thus
+plainly the reasons for the willingness of the people of Upper and Lower
+Canada to resort to confederation as a means of getting rid of their
+embarrassments.
+
+{MACDONALD-BROWN COALITION}
+
+In 1863, the Hon. John Sandfield Macdonald was leader of the government,
+but he was compelled to resign when parliament met in the early part of
+1864, and in March of that year a new administration under the
+premiership of Sir E. P. Tache was formed. This new government
+developed very little strength, and was defeated on June 14th by a vote
+of fifty-eight to sixty, on a question relative to some transaction
+connected with bonds of the city of Montreal. A deadlock had come, and
+as it was evident that no new government which could be formed was
+likely to command sufficient support, it became necessary to make some
+new arrangements in regard to the system of administration. Immediately
+after the defeat of the government, Mr. George Brown, leader of the
+Opposition, spoke to several supporters of the administration strongly
+urging that the present time should be availed of for the purpose of
+settling forever the constitutional difficulties between Upper and Lower
+Canada, and assuring them that he was prepared to cooperate with the
+existing or any other administration that would deal with the question
+promptly and firmly, with a view to its final settlement. After much
+negotiation Messrs. Brown, Mowat and McDougall, three prominent members
+of the Reform party, agreed to enter the government for the purpose of
+carrying out this policy based on a federal union of all the provinces.
+
+{SCHEME OF MARITIME UNION}
+
+Prior to this time there had been various efforts made by the government
+of New Brunswick to enter into closer relations with Nova Scotia and
+Prince Edward Island. Previous to the year 1861 a number of factories of
+various kinds had been established in the Maritime Provinces, but the
+limited market they then enjoyed prevented their extension and crippled
+their operations. To remedy this, Mr. Tilley, with the approval of his
+colleagues in the government, visited Nova Scotia and Prince Edward
+Island and proposed to the governments of both provinces free admission
+of their natural products and a uniform tariff on dutiable goods. In
+Halifax he had a lengthy and satisfactory conference with Mr. Howe, then
+leader of the government, and with Dr. Tupper, the leader of the
+Opposition. Both gentlemen agreed that the proposed arrangements would
+be in the interests of the three provinces, and Mr. Howe agreed to
+submit the matter to his government with the view of legislative action
+at the next session. Mr. Tilley then proceeded to Charlottetown, Prince
+Edward Island. At the conference held with the government there, his
+proposal was not so favourably entertained, the objection being that the
+existing tariff of Prince Edward Island was lower than the tariff of
+either Nova Scotia or New Brunswick, and sufficient for the financial
+wants of the Island, and that the necessary advance would be imposing
+taxation beyond their requirements. Notwithstanding the failure to
+secure the cooperation of the Island government, it was decided that the
+joint action of the Nova Scotia and New Brunswick legislatures in the
+direction named was desirable. When the Nova Scotia legislature met and
+the public accounts were proposed, it was found that a reduction of
+tariff was not practicable, and Howe informed Tilley that the scheme
+would have to be postponed, "though in other respects desirable." But
+the subject was not allowed to sleep, and in 1864 there was a renewal of
+the movement for a union of the Maritime Provinces. At the session of
+the New Brunswick legislature held that year, resolutions were passed
+authorizing the government to enter into negotiations with Nova Scotia
+and Prince Edward Island to hold a convention for the purpose of
+carrying such a union into effect. Similar resolutions were carried in
+the legislatures of Nova Scotia and Prince Edward Island, and the
+convention thus authorized was appointed to meet at Charlottetown in the
+month of September following.
+
+
+FOOTNOTES:
+
+[10] For a full account of Howe's views on confederation see the Hon. J.
+W. Longley's _Joseph Howe_ in this series.
+
+
+
+
+CHAPTER VII
+
+THE QUEBEC CONFERENCE
+
+
+The delegates appointed by the government of New Brunswick for the
+purpose of representing the provinces at Charlottetown in the convention
+for a union of the Maritime Provinces, were the Hon. Messrs. Tilley,
+Steeves, Johnson, Chandler and Gray. The first three were members of the
+government, while Messrs. Gray and Chandler were leading members of the
+Opposition, so that the arrangement had the assent of the leaders of
+both political parties and was in no sense a party movement. The Nova
+Scotia delegation consisted of the Hon. Charles Tupper, the leader of
+the government, the attorney-general, Mr. Henry, and Mr. Dickey, a
+Conservative supporter, and also the Hon. Adams G. Archibald and
+Jonathan McCully, leaders of the Liberal party. The Prince Edward Island
+delegates were also chosen from both sides of politics. The convention
+was opened in due form at Charlottetown on September 8th, in the chamber
+of the House of Assembly. The delegations had no power to decide finally
+on any subject, because any arrangements they made were necessarily
+subject to the approval of the legislatures of the three Maritime
+Provinces. But at this time the sentiment in favour of maritime union
+was so strong it was confidently believed that whatever was agreed upon
+at Charlottetown would become the basis of a future union.
+
+{CHARLOTTETOWN CONVENTION}
+
+The government of Canada had full knowledge of what was going on at
+Charlottetown, and they considered the time opportune for the purpose of
+bringing to the notice of the delegates from the Maritime Provinces the
+subject of a confederation of all the British North American colonies. A
+telegram was received while the delegates were in session announcing
+that representatives of the government of Canada had left Quebec for the
+purpose of meeting the delegates of the Maritime Provinces, and placing
+certain proposals before them. On the receipt of this message the
+further consideration of the question which they had met to discuss was
+deferred until after the Canadian delegates had arrived. They came in
+the government steamer _Victoria_ on the following day and were found to
+embrace the leading men then in Canadian political life,--the Hons. J.
+A. Macdonald, George Brown, Georges E. Cartier, Alexander T. Galt,
+Thomas D'Arcy McGee, Hector L. Langevin, William McDougall and Alexander
+Campbell. These delegates represented the Reform, as well as the
+Conservative party, and were therefore able to speak with authority in
+regard to the views of the people of both Upper and Lower Canada. They
+were accorded seats in the convention, and at once submitted reasons
+why in their opinion a scheme of union, embracing the whole of the
+British North American colonies, should be adopted. The Hon. John A.
+Macdonald and Messrs. Brown and Cartier were heard on this subject, the
+financial position of Canada was explained, and the sources of revenue
+and wealth of the several provinces were discussed. Speeches were also
+made by Messrs. Galt, McGee, Langevin and McDougall, and after having
+commanded the attention of the convention for two days the Canadian
+deputation withdrew. Before doing so they proposed that if the
+convention concluded to suspend its deliberations upon the question of
+Maritime union, they should adjourn to Quebec at an early day, to be
+named by the governor-general, to consider the question of
+confederation. On the following day the convention adjourned, on the
+ground that it would be more for the general interest of British North
+America to adopt the larger union than a union of the Maritime Provinces
+merely, and it was thought that this might be effected without any very
+great difficulty, for there was then no strong feeling evinced in any
+quarter against confederation.
+
+From Charlottetown the members of the convention and the Canadian
+deputation went to Halifax, where they were received most cordially and
+entertained at a banquet. They then took their departure for St. John,
+where they were entertained at a public dinner at which many leading men
+of the city were present. The chair was occupied by the Hon. John H.
+Gray, one of the delegates, and the expressions in favour of the
+proposed confederation were strong and hearty. No one could have
+suspected at that time that the movement for confederation would meet
+with so much opposition in New Brunswick. All seemed plain sailing but,
+as the result showed, the battle for confederation had yet to be fought,
+and it was won only after a long and doubtful struggle.
+
+{THE QUEBEC CONFERENCE}
+
+According to arrangement, the delegations from the other provinces met
+in convention at Quebec on October 10th, all the colonies, including
+Newfoundland, were represented and the delegates were as follows:--
+
+Canada.--Hon. Sir Etienne P. Tache, premier; Hon. John A. Macdonald,
+attorney-general west; Hon. Georges E. Cartier, attorney-general east;
+Hon. George Brown, president of the executive council; Hon. Alexander T.
+Galt, finance minister; Hon. Alexander Campbell, commissioner of Crown
+lands; Hon. William McDougall, provincial secretary; Hon. Thomas D'Arcy
+McGee, minister of agriculture; Hon. Hector Langevin, solicitor-general
+east; Hon. J. Cockburn, solicitor-general west; Hon. Oliver Mowat,
+postmaster-general; Hon. J. C. Chapais, commissioner of public works.
+
+Nova Scotia.--Hon. Charles Tupper, provincial secretary; Hon. W. A.
+Henry, attorney-general, Hon. R. B. Dickey, Hon. Adams G. Archibald,
+Hon. Jonathan McCully.
+
+New Brunswick.--Hon. Samuel L. Tilley, provincial secretary; Hon. John
+M. Johnson, attorney-general; Hon. Edward B. Chandler, Hon. John
+Hamilton Gray, Hon. Peter Mitchell, Hon. Chas. Fisher, Hon. William H.
+Steeves.
+
+Newfoundland.--Hon. F. B. T. Carter, speaker of the House of Assembly;
+Hon. Ambrose Shea.
+
+Prince Edward Island.--Hon. John Hamilton Gray, premier; Hon. Edward
+Palmer, attorney-general; Hon. W. H. Pope, provincial secretary; Hon.
+George Coles, Hon. A. A. Macdonald, Hon. T. H. Haviland, Hon. Edward
+Whelan.
+
+Sir Etienne P. Tache, who was then premier of Canada, was unanimously
+chosen president of the conference, and Major Hewitt Bernard, of the
+staff of the attorney-general west, private and confidential secretary.
+It was arranged that the convention should hold its meetings with closed
+doors, and it was laid down as a principle of the discussion that, as
+the matters to come up for debate were all of a novel character, no man
+should be prejudiced or held liable to the charge of inconsistency
+because he had changed his views in regard to any particular matter in
+the course of the discussion. It was also agreed that the vote, in case
+of a division, should be by provinces and not by numbers, Canada having
+two votes, representing Canada East and Canada West, and each of the
+other provinces one. This arrangement made it quite certain that the
+interests of the Maritime Provinces were not likely to be prejudiced by
+the result of the vote, or the work of the convention. It was soon
+decided that a federal union was to be preferred to a legislative union,
+and on the second day of the meeting the outlines of the proposed
+confederation were submitted in a series of resolutions by the Hon. John
+A. Macdonald. The general model of the proposed confederation was that
+of the United States, but with this difference, that whereas in the
+United States all powers not expressly given by the constitution to the
+federal government are held to belong to the several states, in the
+Canadian constitution all powers not expressly reserved to the several
+provinces were held to belong to the federal parliament. Thus in the
+United States the residuum of power is in the several states, while in
+Canada it is in the federal union and in the parliament of the Dominion.
+No doubt the recent example of the civil war in the United States, which
+was the result of an extreme assertion of state rights, was largely
+responsible for this feature of the Canadian constitution. It is clear,
+however, that it is a feature that is to be commended, because its
+tendency is to cause Canadians to regard themselves rather as Canadians
+than as belonging to any particular province, while in the United States
+the feeling of statehood is still very strong. There are, of course,
+many other contrasts between the Canadian confederation and the federal
+union of the United States, arising from radical differences in the
+system of government. Nothing like responsible government, as understood
+in the British empire, exists in the United States, while this essential
+feature had to be preserved in the Canadian constitution, not only with
+reference to the Dominion parliament, but also in the legislatures of
+the several provinces.
+
+{DIFFICULT QUESTIONS}
+
+In all the proceedings at Quebec, Mr. Tilley, as the finance minister of
+New Brunswick, took a very prominent part. One great difficulty which
+arose was with respect to the amount of money to be given by the federal
+government to the several provinces for legislative purposes, in lieu of
+the revenue which they had been accustomed to obtain from customs duties
+and otherwise. The whole customs establishment was to be transferred to
+the central government, and as most of the provinces would have no other
+means of obtaining a revenue except by direct taxation, this feature of
+the matter became of very vital importance. The difficulty was increased
+by the fact that by the municipal system prevailing in Upper Canada the
+local needs of the municipalities, in the way of roads, bridges, schools
+and other matters, were provided for by local taxation, whereas in the
+Maritime Provinces the provincial government had been accustomed to bear
+these burdens. It was therefore an essential requisite to any scheme of
+union, to make it acceptable to the people of the Maritime Provinces,
+that sufficient money should be given to the provincial governments to
+enable them to continue these services as before. It was difficult to
+convince the representatives of Upper Canada of this, and it appears
+that the conference nearly broke up without arriving at any result,
+simply because of the apparently irreconcilable differences of opinion
+between the representatives of the Maritime Provinces and those of
+Canada in regard to this point. Finally these differences were overcome,
+and the conclusions of the conference were embodied in a series of
+seventy-two resolutions, which were agreed to, and which were to be
+authenticated by the signatures of the delegates, and transmitted to
+their respective governments, and also to the governor-general, for the
+secretary of state for the colonies. These resolutions formed the first
+basis of confederation and became what is known as the Quebec scheme.
+
+It was perhaps inevitable that during the discussion of the scheme of
+confederation by the Quebec convention, the proceedings should be
+secret, but this restriction should have been removed as soon as the
+convention adjourned. That this was not done was the principal reason
+for the very unfavourable reception which the Quebec scheme met with
+from the people of New Brunswick, when it was placed before them. It was
+agreed at the Quebec conference that the scheme should not be made
+public until after the delegates had reported to their respective
+governments for their approval, but it was impossible that a document,
+the terms of which were known to so many men, should be kept wholly
+concealed from the public, and so the details of the scheme leaked out
+and soon became a topic for public discussion. These discussions would
+have been conducted in a much more friendly spirit if the Quebec scheme
+had been given freely to the world, but as it was, prejudices and
+jealousies, in many cases, darkened the question, and made men, who were
+otherwise favourable to confederation, assume an attitude of hostility
+to the Quebec scheme.
+
+{SUBVENTIONS TO THE PROVINCES}
+
+One of the points which at once attracted the attention of the opponents
+of the scheme was the sum allowed to the several provinces for the
+purpose of conducting their local affairs. As the provinces had to
+surrender to the general government their right to levy customs and
+excise duties, it became necessary to make up in some way a sum
+sufficient to enable them to carry on those services which were still
+left to the provincial legislatures. It was arranged that this sum
+should be eighty cents a head of the population of the provinces as
+established by the census of 1861, which would give to New Brunswick
+something more than two hundred thousand dollars. This feature of the
+confederation scheme was eagerly seized upon as being a convenient club
+with which to strike it down. The cry was at once raised that the people
+of New Brunswick were asked to sell themselves to Canada for the sum of
+eighty cents a head, and this parrot-like cry was repeated with
+variations throughout the whole of the election campaign which followed
+in New Brunswick. It has often been found that a cry of this kind, which
+is absolutely meaningless, is more effective than the most weighty
+arguments, for the purpose of influencing men's minds, and this proved
+to be the case in New Brunswick, when the question of confederation was
+placed before the people. It was conveniently forgotten by those who
+attacked the scheme in this fashion that, if the people of New Brunswick
+were selling themselves to Canada for the sum of eighty cents a head,
+the people of Canada were likewise selling themselves to New Brunswick
+for the same sum, because the amount set apart for the provincial
+legislatures was precisely the same in each case. It would not, however,
+have suited the enemies of the confederation scheme to view the matter
+in this light; what was wanted was a cry which would be effective for
+the purpose of injuring the scheme and making it distasteful to the
+people who were asked to vote upon it.
+
+{OPPONENTS OF CONFEDERATION}
+
+It is not necessary to assume that those who opposed confederation were
+all influenced by sinister motives. Many honest and good men, whose
+attachment to British institutions could not be questioned, were
+opposed to it because their minds were of a conservative turn, and
+because they looked with distrust upon such a radical change that would
+alter the relations which existed between the province and the mother
+country. Many, for reasons which it is not easy to understand, were
+distrustful of the politicians of Canada, whom they looked upon as of
+less sterling honesty than their own, and some actually professed to
+believe that the Canadians expected to make up their financial deficits
+by drawing on the many resources of the Maritime Provinces through the
+confederation scheme. On the other hand confederation was opposed in the
+province of New Brunswick by a number of men who could only be described
+as adventurers, or discredited politicians, and who saw in this contest
+a convenient way of restoring themselves to influence and power. There
+were also among the opponents of the scheme some men who recognized in
+its success the means of perpetuating British power on this continent,
+and who, being annexationists, naturally looked with aversion upon it
+for that reason. The vast majority of the people, however, had given the
+matter but the slightest degree of attention, and their votes were cast
+in accordance with prejudice hastily formed, which they had an
+opportunity of reconsidering before another year and a half had elapsed.
+
+{FEELING IN NEW BRUNSWICK}
+
+It had been arranged at the convention that the first trial of the
+scheme before the people should be made in New Brunswick, the
+legislature of which was about expiring, and accordingly the appeal was
+made to the people and the elections came on in the month of March,
+1865. The enemies of confederation were very active in every part of the
+province, and they left no stone unturned to defeat the measure. The
+great cry upon which they based their opposition to the union with
+Canada was that of taxation, and, as the voters of New Brunswick were
+not inclined to favour any policy which involved high taxation, the
+appeals made in this way had a powerful effect. All through the rural
+constituencies the Opposition candidates told the electors that if they
+united themselves with Canada direct taxation would be the immediate
+result. They said that every cow, every horse, and every sheep which
+they owned would be taxed, and that even their poultry would not escape
+the grasp of the Canadian tax-gatherers. In the city of St. John, Mr.
+Tilley and his colleague, Mr. Charles Watters, were opposed by Mr. J. V.
+Troop and Mr. A. B. Wetmore. Mr. Troop was a wealthy ship-owner, whose
+large means made him an acceptable addition to the strength of the
+anti-confederate party, although previously he had taken no active part
+in political affairs. Mr. Wetmore was a lawyer of standing in St. John,
+who was considered to be one of the best _nisi prius_ advocates at the
+bar, and who carried the methods of the bar largely into his politics.
+In the course of time he became attorney-general of the province, and
+later on a judge of the supreme court. Mr. Wetmore, when haranguing St.
+John audiences, used to depict the dreadful effects of confederation in
+a manner peculiarly his own. His great plea was an imaginary dialogue
+between himself and his little son, that precocious infant asking him in
+lisping tones, "Father, what country do we live in?" to which he would
+reply, "My dear son, you have no country, for Mr. Tilley has sold us to
+the Canadians for eighty cents a head."
+
+In the county of St. John, the Hon. John. H. Gray, Charles N. Skinner,
+W. H. Scovil and James Quinton, who ran as supporters of confederation,
+were opposed by John W. Cudlip, T. W. Anglin, the Hon. R. D. Wilmot and
+Joseph Coram. Mr. Cudlip was a merchant, who at one time enjoyed much
+popularity in the city of St. John. Mr. Anglin was a clever Irishman, a
+native of the county of Cork, who had lived several years in St. John
+and edited a newspaper called the _Freeman_, which enjoyed a great
+popularity among his co-religionists. He was admitted to be the leader
+of the Irish Catholics of St. John, and had acquired an ascendency over
+them which was not easily shaken; yet he was not, as a politician, a
+great success, nor did his efforts to improve the condition of his
+countrymen always lead to satisfactory results. The Hon. R. D. Wilmot
+had been a prominent Conservative politician, but was defeated, and had
+retired to his farm at Belmont. For some years he had been devoting his
+abilities to stock-raising; but at the first note of alarm on the
+confederation question he abandoned his agricultural pursuits and rushed
+into the field to take part in the contest. Mr. Joseph Coram was a
+leading Orangeman, and a highly respected citizen.
+
+{A CRITICAL ELECTION}
+
+In the county of York, the Hon. George L. Hatheway, who was then chief
+commissioner of the board of works, appeared in the field as an
+Opposition candidate, in company with John C. Allen, John J. Fraser and
+William H. Needham. Mr. Hatheway deserted the government in its hour of
+need, apparently because he judged from the cries that were raised
+against confederation that the current of public opinion was strongly
+adverse to the Quebec scheme. Having left Mr. Tilley in the lurch on the
+eve of the confederation contest, he deserted the Smith government
+sixteen months later, when the second confederation election came to be
+run, thereby inflicting upon them a blow from which it was impossible
+they could recover. William H. Needham, whose name has already appeared
+in this volume, did not lay claim to any high political principles; but
+having retired some time before to private life, he found in the
+confederation struggle a good opportunity of getting into the
+legislature. He was a man of very considerable ability, and had his
+principles been only equal to his knowledge and talents, he might have
+risen to the highest position in the province. But his course on many
+occasions made the public distrustful of him, and he died without having
+enjoyed any of those honours which men of far less ability have
+obtained. John James Fraser, afterwards governor of New Brunswick, was a
+man of a different stamp, and seems to have been a sincere opponent of
+confederation from conviction. The same may be said of John C. Allen,
+afterwards chief-justice of the province, a man whose sterling honesty
+has never been questioned.
+
+
+
+
+CHAPTER VIII
+
+DEFEAT OF CONFEDERATION
+
+
+The result of the election was the most overwhelming defeat that ever
+overtook any political party in the province of New Brunswick. Out of
+forty-one members, the friends of confederation succeeded in returning
+only six, the Hon. John McMillan and Alexander C. DesBrisay, for the
+county of Restigouche; Abner R. McClelan and John Lewis for the county
+of Albert; and William Lindsay and Charles Connell for the county of
+Carleton. Every member of the government who held a seat in the House of
+Assembly, with the exception of the Hon. John McMillan, the
+surveyor-general, was defeated. The majorities against the confederation
+candidates in some of the counties were so large it seemed hopeless to
+expect that any future election would reverse the verdict. Both the city
+and county of St. John, and the county of York, made a clean sweep, and
+returned solid delegations of anti-confederates. With the exception of
+the two Carleton members, the entire block of counties on the River St.
+John and the county of Charlotte, forming the most populous and best
+settled part of the province, declared against the Quebec scheme. On the
+north shore, Westmorland, Kent, Northumberland and Gloucester
+pronounced the same verdict, and, on the day after the election, the
+strongest friends of confederation must have felt that nothing but a
+miracle could ever bring about a change in the opinion which had been
+pronounced with such emphasis and by so overwhelming a majority. Yet
+fifteen months later the verdict of March, 1865, was completely
+reversed, and the anti-confederates were beaten almost as badly as the
+advocates of confederation had been in the first election; such are the
+mutations of public opinion.
+
+Mr. Tilley and his colleagues resigned immediately after the result of
+the elections became known, and the Hon. Albert J. Smith was called upon
+to form a new government. Mr. Smith had been attorney-general in Mr.
+Tilley's government up to the year 1862, when he resigned in consequence
+of a difference with his colleagues in regard to the negotiations which
+were being carried on for the construction of the Intercolonial Railway.
+He was a fine speaker, and a man of ability. At a later period, when
+confederation had been established, he became a cabinet minister in the
+government of the Hon. Alexander Mackenzie. His powerful influence was
+largely responsible for the manner in which the North Shore counties
+declared against confederation, and he also did much to discredit the
+Quebec scheme by his speeches delivered in the city of St. John. Mr.
+Smith did not take the office of attorney-general in the new government,
+but contented himself with the position of president of the council,
+the Hon. John C. Allen, of York, becoming attorney-general, and the Hon.
+A. H. Gillmor, of Charlotte, provincial secretary. The Hon. Bliss
+Botsford, of Westmorland, was made surveyor-general; and the Hon. George
+L. Hatheway retained his old office as the chief commissioner of the
+board of works. The other members of the government were the Hon. Robert
+Duncan Wilmot, of Sunbury, the Hon. T. W. Anglin, of St. John, and the
+Hon. Richard Hutchinson, of Miramichi.
+
+{THE NEW GOVERNMENT}
+
+The new government looked strong and imposing, and seemed to be secure
+against the assaults of its enemies, yet it was far from being as
+compact and powerful as it appeared to the outward observer. In the
+first place, it had the demerit of being founded solely on a negative,
+and upon opposition to a single line of policy. The reason why these men
+were assembled together in council as a government was that they were
+opposed to confederation, and, this question having been disposed of,
+they were free to differ upon all other points which might arise. Some
+of the men who thus found themselves sitting together at the same
+council board had all their lives been politically opposed to each
+other. The Hon. R. D. Wilmot, an old Conservative, could have little or
+no sympathy with Mr. A. H. Gillmor, a very strong Liberal. The Hon. A.
+J. Smith, also a Liberal, had little in common with his
+attorney-general, Mr. Allen, who was a Conservative. Mr. Odell, the
+postmaster-general, represented the old Family Compact more thoroughly
+than any other man who could have been chosen to fill a public office in
+New Brunswick, for his father and grandfather had held the office of
+provincial secretary for the long term of sixty years. As he was a man
+of no particular capacity, and had no qualification for high office, and
+as he was, moreover, a member of the legislative council, his
+appointment to such a position was extremely distasteful to many who
+were strongly opposed to confederation. The Hon. Bliss Botsford, of
+Moncton, who became surveyor-general, was another individual who added
+no strength to the government. In a cabinet consisting of four men in
+the government who might be classed as Liberals, and five who might be
+properly described as Conservatives, room was left for many differences
+and quarrels over points of policy, to say nothing of patronage, after
+the great question of confederation had been disposed of. Local feelings
+also were awakened by the make-up of the government, for the North Shore
+people could not but feel that their interests were in danger of being
+neglected, as instead of having the attorney-generalship and the
+surveyor-generalship, which had been theirs in the previous government,
+they had to be content with a single member in the government, without
+office, in the person of Mr. Richard Hutchinson, who, as the
+representative of Gilmour, Rankine & Co., the great lumber house of the
+North Shore, was extremely unpopular, even in the county which had
+elected him. The Hon. Robert Duncan Wilmot was perhaps the most
+dissatisfied man of any, with the new cabinet in which he found himself.
+He had not been a fortnight in the government before he began to realize
+the fact that his influence in it was quite overshadowed by that of Mr.
+Smith and Mr. Anglin, although neither of them held any office. Mr.
+Wilmot was a man of ability, and of strong and resolute will, so that
+this condition of affairs became very distasteful to him and his
+friends, and led to consequences of a highly important character.
+
+{DISSENSIONS IN THE GOVERNMENT}
+
+The new government had not been long in existence before rumours of
+dissensions in its ranks became very common. Mr. Wilmot made no secret
+to his friends of his dissatisfaction, and it was understood that other
+members found their position equally unpleasant. An element of
+difficulty was early introduced by the resignation of the chief-justice,
+Sir James Carter, who, in September, 1865, found it necessary, in
+consequence of failing health, to retire from the bench, rendering it
+immediately necessary for the government to fill his place. The Hon.
+Albert J. Smith, the leader of the government, had he chosen, might have
+then taken the vacant position, but he did not desire to retire from
+political life at that time, and the Hon. John C. Allen, his
+attorney-general, was appointed to the bench as a puisne judge, while
+the Hon. Robert Parker was made chief-justice. The latter, however, had
+but few weeks to enjoy his new position, dying in November of the same
+year, and leaving another vacancy on the bench to be filled. Again, as
+before, the Hon. Mr. Smith declined to go on the bench, and the Hon.
+John W. Weldon, who had been a long time a member of former
+legislatures, and was at one time Speaker, was appointed to the puisne
+judgeship, and the Hon. William J. Ritchie was made chief-justice. The
+entire fitness of the latter for the position of chief-justice made his
+appointment a popular one, but he was the junior of the Hon. Lemuel A.
+Wilmot as a judge, and the Hon. R. D. Wilmot, who was a cousin of the
+latter, thought the senior judge should have received the appointment of
+chief-justice. His disappointment at the office being given to another
+caused a very bad feeling on his part towards the government, and he
+would have resigned his seat forthwith but for the persuasions of some
+of those who were not friends of the government, who intimated to him
+that he could do them a great deal more damage by retaining his seat,
+and resigning at the proper time than by abandoning the government at
+that moment. Mr. Wilmot remained in the government until January, 1866,
+but although of their number, his heart was estranged from them, and he
+may properly be regarded as an enemy in their camp.
+
+{CONFEDERATION VICTORY IN YORK}
+
+Mr. Anglin also had some difference with his colleagues with regard to
+railway matters, and he resigned his seat early in November, 1865;
+still he gave a general support to the government, although no longer in
+its councils. But the most severe blow which the administration received
+arose from the election in the county of York, which followed the
+seating of the Hon. John C. Allen on the bench. The confederation party
+had been so badly beaten in York at the general election that no doubt
+was felt by the government that any candidate they might select would be
+chosen by a very large majority. The candidate selected by the
+government to contest York was Mr. John Pickard, a highly respectable
+gentleman, who was engaged in lumbering, and who was extremely popular
+in that county, in consequence of his friendly relations with all
+classes of the community and the amiability of his disposition. The Hon.
+Charles Fisher was brought forward by the confederation party as their
+candidate in York, although the hope of defeating Mr. Pickard seemed to
+be desperate, for at the previous election Mr. Fisher had received only
+1,226 votes against 1,799 obtained by Mr. Needham, who stood lowest on
+the poll among the persons elected for York. Mr. Fisher by his efforts
+in the York campaign, which resulted in his election, struck a blow at
+the anti-confederate government from which it never recovered. His
+election was the first dawn of light and hope to the friends of
+confederation in New Brunswick, for it showed clearly enough that
+whenever the people of the province were given another opportunity of
+expressing their opinion on the question of confederation, their verdict
+would be a very different one from that which they had given at the
+general election. Mr. Fisher beat Mr. Pickard by seven hundred and ten
+votes, receiving seven hundred and one votes more than at the general
+election, while Mr. Pickard's vote fell five hundred and seventy-two
+below that which Mr. Needham had received on the same occasion.
+
+
+
+
+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.
+
+
+
+
+CHAPTER X
+
+THE BRITISH NORTH AMERICA ACT
+
+
+One of the great objects of confederation was the construction of the
+Intercolonial Railway from St. John and Halifax to Quebec. It was
+thought that there could be no real union between the several colonies
+of British North America unless a good means of communication existed,
+and such a means was to be obtained only through the construction of
+this line of railway. The Intercolonial Railway, as we have seen, had
+been a part of the policy of successive governments in the province for
+many years, and it became an essential part of the scheme of
+confederation. When confederation was accepted by the people of New
+Brunswick in 1866, the Intercolonial Railway had yet to be built.
+Western Extension, as the line to the Maine border was called, had only
+been commenced; Eastern Extension, from the Shediac line towards
+Halifax, was in the same condition; in fact, the total mileage of the
+railways in New Brunswick did not exceed two hundred miles, and these
+lines were isolated and formed no part of any complete system. New
+Brunswick now has three separate lines of railway leading to Quebec and
+Montreal; it is connected with the great railway systems of the
+continent; there is no county in the province which has not a line of
+railway traversing it; and the mileage has risen from less than two
+hundred to more than fourteen hundred.
+
+Mr. Tilley realized that the time had come when the communities which
+form the British provinces of North America must either become
+politically connected or else fall, one by one, beneath the influence of
+the United States. After confederation had been brought about between
+Canada, New Brunswick and Nova Scotia, enough was seen in the conduct of
+American statesmen towards Prince Edward Island to show that their
+design was to try to create a separate interest in this colony apart
+from the general interest of Canada. The acceptance of the scheme of
+confederation by Prince Edward Island, at a comparatively early period,
+put an end to the plots in that quarter; but in the case of Newfoundland
+the same thing has been repeated, and an attempt was made by American
+statesmen to cause the people of that island to believe that their
+interests and those of Canada are not identical, and that they would be
+specially favoured by the United States if they held aloof from the
+great Dominion. The attitude of the people and congress of the United
+States towards Canada has not been marked, for the most part, by any
+great friendliness. They saw in confederation an arrangement that was
+likely to prevent this country from ever becoming absorbed by their
+own, and they believed that by creating difficulties for us with respect
+to the tariff and other matters, and limiting the area of our commercial
+relations, they could put such pressure upon Canada as would compel our
+people to unite with them. This scheme has failed because it was based
+on a misconception of the spirit of our people; but who will say that it
+would not have succeeded if the several provinces which now form the
+confederation had been disunited and inharmonious in their relations and
+had pursued different lines of policy?
+
+{HIS SPEECHES}
+
+It is unfortunate that, owing to the absence of verbatim reports, it is
+impossible to reproduce any of Tilley's speeches during the
+confederation campaign. No speaker that New Brunswick has ever produced
+has been more generally acceptable than was Tilley. His speeches were
+pointed, and so clear that they could not be misunderstood. He
+possessed, to a very large extent, that magnetism which enabled him to
+retain the attention and to awaken the sympathy of his audience. At all
+the meetings which he addressed, there were many who regarded themselves
+always as his friends and supporters and who formed a phalanx around
+him, giving him a confidence and political strength which few statesmen
+have ever enjoyed to a like extent. Although his addresses frequently
+provoked the bitter animosity of his enemies, he had always enough
+friends to counteract their influence; and during the many contests
+which he had to fight for his seat in the city of St. John, he was
+always able to rely on the loyalty of those who were his early
+associates and who remained his supporters until the end of his career.
+It is quite safe to assert that confederation could not have been
+carried had it not been for the personal efforts of Mr. Tilley. As the
+leader of the government which had consented to the Quebec scheme, he
+was properly looked upon as the chief promoter of confederation in New
+Brunswick, and his name will go down to future generations identified
+with that large and necessary measure of colonial statesmanship.
+
+{THE LEGISLATURE MEETS}
+
+Although the vote of the electors had been taken on the question, much
+remained to be done before confederation could become an accomplished
+fact. The last elections, which were those of Kings and Charlotte, were
+held on June 12th, but more than a year was to elapse before the union
+was effected, and the result which the election was intended to bring
+about realized. The first thing to be done was to call the legislature
+together and complete the business of the province, which had been
+interrupted by the dissolution. The legislature met on June 21st, and
+the Hon. John H. Gray, who had been an active advocate of confederation,
+and who was one of the members for the county of St. John, was made
+Speaker. In the speech from the throne the following reference was made
+to the question of confederation:--
+
+"Her Majesty's government have already expressed their strong and
+deliberate opinion that the union of the British North American
+provinces under one government is an object much to be desired. The
+legislatures of Canada and Nova Scotia have formed the same judgment,
+and you will now shortly be invited to express your concurrence with or
+dissent from the view taken of this great question by those provinces."
+
+The address in reply was moved by Mr. Kerr, of Northumberland, and
+seconded by Mr. Beveridge of Victoria, and its consideration was made
+the order of the day for the following Saturday. When it came up for
+discussion the Hon. Albert J. Smith was not in his place, and Mr.
+Botsford, one of his colleagues from Westmorland, endeavoured to have
+the consideration of the matter postponed; but the House was in no
+humour to await the convenience of any single member, and the address
+was passed the same day by a vote of thirty to seven. Attorney-General
+Fisher, immediately on the passage of the address, gave notice of the
+following resolution, which was to be made the order of the day for
+Monday, June 26th:--
+
+"_Resolved_, That an humble address be presented to His Excellency, the
+lieutenant-governor, praying that His Excellency be pleased to appoint
+delegates to unite with delegates from the other provinces in arranging
+with the imperial government for the union of British North America,
+upon such terms as will secure the just rights and interests of New
+Brunswick, accompanied with provision for the immediate construction of
+the Intercolonial Railway; each province to have an equal voice in such
+delegation, Upper and Lower Canada to be considered as separate
+provinces."
+
+Mr. Fisher moved the resolution in question in a very brief speech, and
+was replied to by the Hon. Mr. Smith, who spoke at great length and
+continued his speech on the following day. Mr. Smith took exception to
+giving the delegates power to fix the destinies of the provinces
+forever, without again submitting the scheme of union to the people. He
+proceeded to discuss the Quebec scheme, and took exception to the
+construction of the Upper House of the proposed legislature of the
+confederation, declaring that each province should have an equal number
+of representatives in it, as was the case in the United States. After
+going over the ground pretty thoroughly and criticizing most of the
+terms of the scheme of confederation, he moved an amendment, to the
+effect that no Act or measure for a union with Canada take effect until
+approved by the legislature or the people of the province.
+
+{A PLAN FOR CONFEDERATION}
+
+The Hon. Mr. Tilley replied to the leader of the Opposition in one of
+the most effective speeches that he ever delivered in the legislature.
+He first took up Mr. Smith's allusion to the constitutional question,
+and, with immense power and solemnity, he charged that any want of
+constitutional action which existed was due to Mr. Smith and his
+colleagues. He stated that the governor's sympathies were with the late
+government, and that he had endeavoured to aid and not to injure them.
+Mr. Smith had alluded to the Hon. Joseph Howe, who was then an opponent
+of confederation, in terms of praise, and Mr. Tilley, in reply, read
+from Mr. Howe's speech, made in 1861, a magnificent paragraph on the
+union of British America. Mr. Tilley stated that the government would
+take the Quebec scheme for a basis, and would seek concessions to meet
+the views of those who found objection to parts of it. He mentioned the
+various counties of the province to show that they were either expressly
+or potentially favourable to the Quebec scheme. He was convinced that
+even his friend, the ex-attorney-general and member for Westmorland, was
+hardly against union. He asked, "Was there one anti-unionist on the
+floor of the House? Where was Mr. Anglin? Mr. Needham? Mr. Hill and all
+the rest of the anti-unionists? They were all swept away and unionists
+had taken their places, and when the arrangements for union were carried
+out, the feeling in its favour would be deeper and deeper." Mr. Tilley
+showed the great advantages which would accrue to New Brunswick
+eventually in consequence of confederation. He combated the statement
+made by Mr. Smith that after confederation the provincial legislature
+would become a mere farce, showing that of all the Acts passed during
+the previous two years there were only seven which would have come under
+the control of the general legislature. Mr. Tilley closed by dwelling on
+the impression of power which union would have on the minds of those
+abroad who were plotting our ruin. The speech was listened to with the
+utmost attention by the members of the legislature and by a very large
+audience which completely filled the galleries, and it was generally
+considered to have been one of his greatest efforts.
+
+{SMITH'S AMENDMENT}
+
+The resolution was finally carried by a vote of thirty to eight, only
+two members, both of whom would have voted for the resolution, being
+absent. As soon as the confederation resolution was passed the Hon. A.
+J. Smith moved a resolution which, after reciting the steps which had
+already been taken in favour of union with Canada, continued as
+follows:--
+
+"THEREFORE, _Resolved_, as the deliberate opinion of this House, that no
+measure for such union should be adopted which does not contain the
+following provisions, viz.: first, an equal number of legislative
+councillors for each province; second, such legislative councillors to
+be required to reside in the province which they represent and for which
+they are appointed; third, the number of representatives in the federal
+parliament to be limited; fourth, the establishment of a court for the
+determination of questions and disputes that may arise between the
+federal and local governments as to the meaning of the Act of Union;
+fifth, exemption of this province from taxation for the construction and
+enlargement of canals in Upper Canada, and for the payment of money for
+the mines and minerals and lands of Newfoundland; sixth, eighty cents
+per head to be on the population as it increases and not to be confined
+to the census of 1861; seventh, securing to each of the Maritime
+Provinces the right to have at least one executive councillor in the
+federal government; eighth, the commencing of the Intercolonial Railway
+before the right shall exist to increase taxation upon the people of the
+province."
+
+Mr. Smith supported his resolution in a lengthy speech in which he
+predicted increased taxation as the result of confederation. He said
+that the House, instead of being a deliberative assembly, had to
+surrender its judgment to the government. Confederation was a great
+experiment at best, and called for the exercise of other men's judgment.
+The government were going on in the most highhanded manner and were not
+justified in withholding information asked for. He elaborated the idea
+that Canada was pledged to issue treasury notes to pay present
+liabilities, and asserted that the government was altogether under the
+control of Canadian politicians. He insisted particularly on a provision
+in the Act of Union that each of the Maritime Provinces have an
+executive councillor in the federal government. Finally the vote was
+taken and the following amendment, which had been moved by the Hon. Mr.
+Fisher, was carried, only eight members voting against it:--
+
+"_Resolved_, That the people of this province having, after due
+deliberation, determined that the union of British North America was
+desirable, and the House having agreed to request His Excellency the
+lieutenant-governor to appoint delegates for the purpose of considering
+the plan of union upon such terms as will secure the just rights of New
+Brunswick, and having confidence that the action of His Excellency under
+the advice of his constitutional advisers will be directed to the
+attainment of that end, sound policy and a due regard to the interests
+of this province require that the responsibility of such action should
+be left unfettered by an expression of opinion other than what has
+already been given by the people and their representatives."
+
+This ended the battle for confederation in New Brunswick, for what
+remained to be done was merely the arrangement of the details of the
+union by the delegates who had received full powers for that purpose.
+The session of the legislature, which must be considered one of the most
+important ever held in New Brunswick, came to a close on Monday, July
+7th. At a meeting of the government held immediately after the
+prorogation, the Hon. Messrs. Tilley, Wilmot, Fisher, Mitchell, Johnson
+and Chandler were appointed to go to England as delegates for the
+purpose of meeting delegates from Canada and Nova Scotia, and framing
+the bill which was to be passed by the imperial parliament for the
+consummation of confederation. It was understood that there would be no
+delay on the part of the delegates from Canada, but Sir John A.
+Macdonald and the other Canadian delegates were unable to leave at the
+time appointed, and did not meet the Maritime Provinces delegation in
+England until many months after the latter had arrived there. This
+unfortunate circumstance produced much comment at the time, because it
+looked as if the government of Canada was treating the delegates of New
+Brunswick and Nova Scotia with discourtesy. Instead of the business
+being completed promptly, as was expected, and the bill passed by the
+parliament during the autumn season, the whole matter was thrown over
+until the following year, and the New Brunswick delegates, most of whom
+were prominent members of the government, had to remain in England for
+about ten months at great expense and inconvenience.
+
+{THE DELEGATES IN ENGLAND}
+
+The delegates from the three provinces, Canada, Nova Scotia and New
+Brunswick, met at the Westminster Palace Hotel, London, in December,
+1866, the Hon. John A. Macdonald in the chair and Lieut.-Col. Hewitt
+Bernard acting as secretary. The resolution passed at the Quebec
+conference held in 1864 was read, and amendments were moved in
+accordance with the suggestions made in the several legislatures during
+the discussions at the previous sessions. It was conceded by all that
+the Intercolonial Railway, by which facilities for interprovincial
+commercial intercourse should be secured, must be built by the united
+provinces and without delay. It was also conceded that in the provinces
+where separate schools were established by law, that principle should
+not be disturbed. In the discussion it was claimed that the sole right
+of imposing an export duty should be vested in the federal authority.
+This was objected to by the New Brunswick delegates, on the ground that
+as the people of that province had expended a large sum of money in the
+improving of the navigation of the upper St. John, they had to recoup
+themselves by imposing an export duty on lumber shipped from the
+province. A considerable portion of the income thus received was paid by
+the lumbermen of the state of Maine, the advantage derived by them from
+such improvements being very great. The claim thus presented by the New
+Brunswick delegates was conceded, and the province was permitted to
+retain the right. This right was abandoned after confederation, the
+Dominion paying therefor a hundred and fifty thousand dollars per annum
+to the New Brunswick government.
+
+{THE BRITISH NORTH AMERICA ACT}
+
+During the sitting of the delegates, which lasted for two months, many
+conferences were held with Lord Carnarvon, then secretary of state for
+the colonies, and the law officers of the Crown, in regard to objections
+which were taken to some of the resolutions adopted by the delegates.
+The governor-general of Canada, Viscount Monck, was in London at the
+time, and was able to render valuable assistance during the conference,
+owing to his intimate knowledge of the previous negotiations at Quebec.
+The arrangements there made, in regard to the strengthening of the
+central government, founded on the experience of the United States
+during the War of Secession, were adhered to in the London resolutions
+and accepted by the imperial authorities. When the bill reached
+parliament some amendments were suggested, but when it was pointed out
+that the bill as presented was the result of the most careful
+consideration of both the imperial authorities and the colonial
+representatives, the suggested amendments were not pressed and the
+measure passed through both Houses with very little discussion. But one
+spirit seemed to animate both the imperial government and the members of
+parliament, and that was to give the provinces interested the fullest
+powers consistent with their relation to the Empire. The parliamentary
+opposition to the measure was much less than might have been expected,
+when it is remembered that the opponents of confederation had
+representatives in London, well able to present objections from their
+standpoint, who had the ear of Mr. Bright and other members of the House
+of Commons. Her Majesty took a deep interest in the measure and
+expressed that interest to members of the delegation, adding that she
+felt a great affection for her loyal Canadian subjects. While the bill
+was before the House of Lords, Messrs. Macdonald, Cartier, Galt, Tupper
+and Tilley were honoured by a private presentation to Her Majesty, at
+Buckingham Palace, and shortly afterwards all the members of the
+conference were presented at a drawing-room at the same place.
+
+{COUNTY COURT ACT}
+
+The New Brunswick delegates returned to Canada in the spring of 1867,
+having completed their labours, and the legislature was called together
+on May 8th. The business before it was of great importance, for the
+province was entering upon a new era as a member of the Canadian
+confederation, and the legislature was about to lose that portion of its
+powers which was delegated to the federal parliament. It is not,
+however, necessary to enter into any details of the work of the session,
+which was carried through without any particular difficulty, the
+Opposition being too weak to oppose seriously the measures of the
+government. It was felt on all sides that, as twelve members of the
+legislative council were about to become members of the senate of
+Canada, and as fifteen representatives were to be elected to the House
+of Commons, most of whom would come from the House of Assembly, a
+striking change would take place in the composition of the legislature,
+which would be deprived of the services of a large number of its ablest
+men. One of the important bills of the session was the passage of the
+Act establishing county courts in the province, and in respect to this
+measure a difference of opinion took place between Mr. John M. Johnson,
+one of the delegates and member for Northumberland, and his fellow
+delegates to England. He thought that the legislature had no authority
+under the terms of confederation, or from any understanding between the
+delegates while in England, to create county courts, while the other
+delegates held a different view. The Act was passed, however, and has
+proved to be one of the most useful ever placed upon the statute-book,
+relieving the supreme court of many cases, both civil and criminal,
+which would otherwise block its business, and enabling them to be
+disposed of more rapidly than before. The county court judges appointed
+under this Act were, with one exception, taken from the legislature, and
+this made another serious drain upon its experienced members.
+
+
+
+
+CHAPTER XI
+
+THE FIRST PARLIAMENT OF CANADA
+
+
+The British North America Act, by which the provinces of Upper and Lower
+Canada, New Brunswick and Nova Scotia were bound into a confederation,
+came into force by royal proclamation on the first day of July, 1867.
+When it is considered how vast and vital a change this measure brought
+about, it is surprising that it produced so little excitement anywhere.
+With the exception of one or two demonstrations which were made with
+flags by persons hostile to confederation, it was received in the
+province of New Brunswick, which had been so much excited during two
+elections, with perfect calmness, and although for some years afterwards
+there were always a number of persons opposed to union who predicted
+direful things from confederation, and thought it must finally be
+dissolved, the voices of such persons were eventually silenced either by
+death or by their acquiescence in the situation. To-day it may be safely
+declared that the Canadian confederation stands upon as secure a
+foundation as any other government in the civilized world.
+
+In June, 1867, the Hon. John A. Macdonald, the leading spirit in the
+government of Canada, was entrusted by Lord Monck, then
+governor-general, with the formation of a ministry for the Dominion. Mr.
+Macdonald naturally experienced a good deal of difficulty in making his
+arrangements. In the formation of the first ministry much care was
+necessary; provincial and national interests were to be thought of and
+denominational claims had to receive some attention. But the greatest
+difficulty arose with respect to old party lines. Mr. Macdonald thought
+that these ought, as far as possible, to be ignored, and accordingly
+selected his men from the leading advocates of confederation belonging
+to both parties, placing in his cabinet seven Conservatives and six
+Liberals. The Liberals included the names of Mr. W. P. Rowland and Mr.
+William MacDougall for Ontario. A large number of the Liberals of
+Ontario, including George Brown and Alexander Mackenzie, opposed this
+arrangement, called a public meeting in Toronto, and passed resolutions
+in favour of a strictly party government on the old lines. It declared
+hostility to the proposal for a coalition, and resolved to oppose
+Messrs. Rowland and MacDougall, should they accept office under Mr.
+Macdonald. This decision was carried out, but these gentlemen were both
+elected by good majorities. In this first ministry there were five
+members from Ontario, four from Quebec, two from Nova Scotia, and two
+from New Brunswick: S. L. Tilley and Peter Mitchell.
+
+The wisdom of the course adopted will be apparent when it is remembered
+that the question of confederation was not settled or carried on party
+lines, some of the Conservatives opposing and some Liberals supporting
+it. This was clearly the case in New Brunswick, as shown by the last two
+elections held there. About one-third of the Liberal party, and a like
+proportion of the Conservative party, opposed confederation at the
+second election. To have formed the first government on a party basis
+would have necessitated the selection of some men who were opposed to
+the union, and whose efforts might not have been devoted to making it a
+success.
+
+{FIRST CONFEDERATION MINISTRY}
+
+The first confederation ministry was a very strong one. The Hon. John A.
+Macdonald became premier and minister of justice; the Hon. George E.
+Cartier was minister of militia and defence; Alexander T. Galt was
+minister of finance; the Hon. William MacDougall was minister of public
+works; the Hon. W. P. Rowland was minister of inland revenue; the Hon.
+A. J. F. Blair, president of the privy council; the Hon. Alexander
+Campbell, postmaster-general; the Hon. J. C. Chapais, minister of
+agriculture; the Hon. Hector L. Langevin, secretary of state. The Hon.
+Mr. Tilley became minister of customs and the Hon. Mr. Mitchell minister
+of marine and fisheries, while the two Nova Scotia representatives,
+Messrs. Archibald and Kenny, became respectively secretary of state for
+the provinces and receiver-general.
+
+It will thus be seen that the Maritime Provinces had four
+representatives out of thirteen members of the cabinet, and this
+proportion has generally been maintained since that time; so that the
+fears of those who anticipated that the provinces by the sea would not
+receive fair treatment in the distribution of high offices have proved
+to be groundless. On the contrary, it can be said that the Maritime
+Province members of the government appear always to have occupied a very
+influential position.
+
+The office of minister of customs, which Mr. Tilley received, was
+thought by some of his friends to be less important than he deserved,
+they being of the opinion that he should have been made minister of
+finance. This office, however, went to Mr. Galt, who, owing to a
+difference with the rest of the government, resigned four months later,
+his place in the cabinet being taken by Sir John Rose, who held the
+office of finance minister until October, 1869, Sir Francis Hincks then
+receiving the appointment. It was not until the resignation of the
+latter in February, 1873, that Mr. Tilley became minister of finance.
+The office at first assigned to him, however, was one of great
+importance, involving as it did the reorganization of the entire
+establishment of the customs of Canada, and it gave ample scope for his
+great ability as a business man.
+
+The elections for the House of Commons in the new parliament of Canada
+took place in August, when Tilley was chosen to represent the city of
+St. John, and John H. Gray, the county. It had been expected, in view of
+the fact that these men had been so largely instrumental in bringing
+about confederation, that they would be allowed to walk over the course
+unopposed. This was the case with Mr. Gray, whose candidature met with
+no opposition; but Mr. Tilley was opposed by Mr. John Wilson, who
+received a very small vote. This needless and futile opposition to the
+candidature of a man who deserved so well from the province, was merely
+one of the proofs of the existence of political rancour in the breasts
+of those who had been defeated on the confederation question.
+
+{FIRST CANADIAN PARLIAMENT}
+
+The first parliament of united Canada met on November 6th, 1867, and the
+address was moved by the Hon. Charles Fisher, who had been elected to
+represent the county of York. The session was a very long one, lasting
+until May 22nd of the following year; but there was an adjournment,
+extending from December 21st to March 20th. This meeting of parliament
+was especially memorable, inasmuch as it brought together, for the first
+time, the representatives of all the provinces, and the ablest men of
+all political parties. The people of Ontario and Quebec were little
+known to the people of the Maritime Provinces, and those who resided in
+the larger provinces in like manner knew comparatively little of their
+fellow-subjects who dwelt by the sea. It was expected by some that the
+Maritime Province representatives would be completely overshadowed by
+men of greater political reputation belonging to the larger provinces,
+but this did not prove to be the case. The Maritime representatives at
+once took a leading position in parliament, and this position they have
+steadily maintained down to the present time. No man stood better in the
+House of Commons than the representative from St. John, the Hon. S. L.
+Tilley. At that time Her Majesty, the Queen, in acknowledgment of his
+services in the cause of confederation, had created him a Companion of
+the Bath, a distinction which was also given to the Hon. Charles Tupper,
+of Nova Scotia.
+
+A vast amount of business had to be disposed of at the first session of
+the parliament of Canada. Although the Union Act embodied the plan upon
+which confederation was founded, it was necessary to supplement it by a
+great deal of special legislation, for the purpose of interpreting it
+and making preparations for the practical working of the constitution.
+In all the discussions relative to the measures which had to be passed
+at that time, Tilley took a prominent part, and, when the session was
+over, he had established in the House of Commons, as fully as he had in
+the legislature of New Brunswick, a reputation for ability as a speaker
+and as a man of affairs. He was looked upon as one whose wide knowledge
+of the needs of the province and whose experience in departmental work
+were likely to be of the greatest use to the confederation. His high
+character gave weight at all times to his words, and caused him to be
+listened to with the most respectful attention. During the whole period
+that Tilley sat in the House of Commons, he had the pleasure of knowing
+that even his political enemies respected his character and abilities,
+and, with the exception of the premier, perhaps no man wielded a more
+potent influence in the councils of the Dominion than he.
+
+It is not necessary here to trace to any large extent the career of Sir
+S. L. Tilley in the parliament of Canada; that belongs rather to the
+history of the Dominion than to a work which deals particularly with his
+connection with his native province. Only so much of his public life in
+the House of Commons will be dealt with as seems necessary to complete
+his personal history. Tilley continued to hold the position of minister
+of customs during the whole of the term of the first parliament of
+Canada. This parliament held five sessions and dissolved in the summer
+of 1872, the general election being in the month of July, upon which
+occasion he was reelected for the city of St. John without opposition.
+
+{MINISTER OF FINANCE}
+
+The second parliament met on March 5th, 1873. Eleven days before that
+time Mr. Tilley had become minister of finance, succeeding Sir Francis
+Hincks, who had resigned that office after holding it for more than
+three years. The advancement of Mr. Tilley to this responsible and
+influential position was very pleasing to his friends, and was received
+with satisfaction by the country generally.
+
+The first confederation ministry of Canada resigned office on November
+5th, 1873, under circumstances which are a part of the political history
+of the Dominion and need not be gone into in this volume, further than
+to say that, whatever basis there may have been for charges of
+corruption in connection with the Pacific Railway contract against other
+persons in the government, none were ever preferred against Mr. Tilley;
+nor did any one suspect or believe that he had anything whatever to do
+with the transactions which led to the resignation of the government.
+Prior to that event Mr. Tilley had been appointed lieutenant-governor of
+the province of New Brunswick in succession to the Hon. Lemuel A.
+Wilmot, whose term had expired. Every one felt that the honour thus
+bestowed upon Tilley was a most fitting one, for he was New Brunswick's
+foremost son in political life, and had reached his high position purely
+through his own ability and his own good character. That position he
+filled a greater number of years than any of his successors are likely
+to do, and it is admitted on all sides that no man could have performed
+the duties of the office more satisfactorily than he did.
+
+
+
+
+CHAPTER XII
+
+FINANCE MINISTER AND GOVERNOR
+
+
+Mr. Tilley took up his residence in the old Government House,
+Fredericton, and he must have been struck with the changed aspect
+of affairs from that presented under the old regime, when
+lieutenant-governors were appointed by the British government and sent
+out from England to preside over the councils of a people of whom they
+knew little or nothing. Most of these former governors had been military
+men, more accustomed to habits of command than to deal with perplexing
+questions of state. They looked with a very natural degree of impatience
+on the attempts which the people of the province were making to get the
+full control of their own affairs. Under the old regime the governor was
+surrounded with military guards, and sentries paced the walks and
+guarded the entrances to the Government House. The withdrawal of the
+British troops from Canada before the lieutenant-governorship of Mr.
+Tilley commenced relieved him of any embarrassment in regard to
+dispensing with military guards and sentries; but all pretentious
+accompaniments of authority were foreign to his nature, and he always
+showed, by the severe simplicity of his life, that he felt he was one
+of the people, and that it was his duty as well as his pleasure to
+permit all who had any occasion to see him to have free access to him,
+without the necessity of going through any formal process.
+
+{THE PROTECTIONIST TARIFF}
+
+When Mr. Tilley became lieutenant-governor of the province, he was
+fifty-five years of age, and he seems to have thought that his political
+career was ended, because, by the time his term of office expired in its
+natural course, he would have reached the age of sixty, a period when a
+man is not likely to make a new entrance into public life. But
+circumstances, quite apart from any desire on his part, made it almost
+necessary for him to change his determination, and during the summer of
+1878, when the general election was imminent, he found himself pressed
+by his old political friends to become once more the candidate of his
+party for his old constituency, the city of St. John. There was great
+enthusiasm amongst them when it was announced that he would comply with
+their wishes, and that he had resigned the lieutenant-governorship. The
+result of that general election is well known. The Liberal party, which
+had succeeded to the government less than five years before with a large
+majority in the House of Commons, experienced a severe defeat, and the
+Hon. Alexander Mackenzie, seeing this, very properly did not await the
+assembling of parliament, but sent in the resignation of the ministry,
+and Sir John A. Macdonald was called upon to form a new government. In
+the cabinet thus constructed Mr. Tilley resumed his old office of
+minister of finance, and one of his first duties was to assist in the
+framing of a new customs tariff which was to give effect to the
+principle, upon which the election had been run, of protection to home
+industries. This idea of protection had not been heard of in the
+Canadian confederation as the policy of any political party until Sir
+John A. Macdonald took it up about a year before the general election,
+but it proved a winning card and was the means of giving the new
+government a long lease of power.
+
+Sir Leonard Tilley's speech in introducing the new tariff was well
+received and made a strong impression upon all who heard it. It was
+admitted, even by those who were opposed to the views he held, that he
+showed a great mastery of the details, and that he illustrated in a very
+clear manner the view that the country was suffering because the duties
+imposed upon foreign goods were not sufficiently high to protect
+Canadian manufactures.
+
+It is not the intention of this volume to deal to any full extent with
+the career of Sir Leonard Tilley during his second term of office as
+minister of finance of Canada. To enter into that phase of his career
+would be to relate the history of Canada, for he was but one member of
+the government, and not its leader. It is admitted that, in respect to
+financial questions, Sir Leonard showed the same ability that had
+characterized his career during his previous term of office, and he was
+looked upon by his colleagues as a man in whose judgment the utmost
+confidence could be placed. At this time, however, his health began to
+fail, and the disease which finally carried him off developed to such an
+extent that he was told he must cease all active work or his days would
+be shortened. Under these circumstances, it became necessary for him to
+retire from the severe duties of his very responsible and laborious
+office, and on October 31st, 1885, he was again appointed
+lieutenant-governor of New Brunswick, an office which he had filled with
+so much acceptance between 1873 and 1878. Sir Leonard Tilley continued
+lieutenant-governor during a second term, for almost eight years, or
+until the appointment of the Hon. John Boyd to that position. He was
+lieutenant-governor of New Brunswick for considerably more than twelve
+years, a record which is not likely to be equalled by any future
+lieutenant-governor for many years to come, if ever.
+
+{SECOND TERM AS GOVERNOR}
+
+There was no event of particular importance to distinguish Sir Leonard
+Tilley's second term as lieutenant-governor. The Hon. Mr. Blair was
+premier of New Brunswick during the whole period, and there was no
+political crisis of any importance to alter the complexion of affairs.
+The only event in connection with the governorship which is worthy of
+being mentioned is the change that was made by the abandonment of the
+old Government House, at Fredericton, as the residence of the
+lieutenant-governor. This building had become antiquated, and in other
+ways unsuitable for the occupancy of a lieutenant-governor, and its
+maintenance involved a very large expenditure annually, which the
+province was unable to afford. It was therefore determined that in
+future the lieutenant-governor should provide his own residence, and
+that the amount spent on the Government House annually should be saved.
+Sir Leonard Tilley built a residence in St. John, in which he lived for
+the remainder of his life, and the seat of government, so far as his
+presence was concerned, was transferred to that city. Sir Leonard Tilley
+was always on the most cordial terms with the various premiers who led
+the government of New Brunswick during their terms of office. He knew
+well the strict constitutional limits of his office, and was always
+careful to confine his activities within their proper scope. The lessons
+of responsible government which he had learned in his early youth, and
+which had been the study of his manhood, enabled him to avoid those
+pitfalls which beset the steps of earlier lieutenant-governors.
+
+During Sir Leonard Tilley's last term of office, and after its close, he
+abstained wholly from any interference with public affairs in the
+Dominion, and although he still remained steadfastly attached to the
+Liberal-Conservative party, he gave no outward sign of his desire for
+their success. This neutral position which he assumed in political
+matters had the effect of drawing towards him thousands of his
+fellow-countrymen who, in former years, had been accustomed to regard
+him with unfriendly feelings. They forgot the active political leader
+and saw before them only the aged governor, whose venerable figure and
+kindly face were so familiar at social or other gatherings, or whenever
+work was to be done for any good cause. In this way Sir Leonard Tilley
+grew to assume a new character in the public estimation, and at the time
+of his death the regret was as great on the part of those who had been
+his political opponents as among those who had been his associates in
+political warfare. This was one of the most pleasing features of his
+declining years, and one that gave him the greatest satisfaction,
+because it enabled him to feel that he enjoyed the affectionate regard
+of the whole body of the people.
+
+Sir Leonard Tilley throughout his life gave great attention to his
+religious duties. He was a devoted member of the Church of England, and
+his attendance at its services was constant and regular. For several
+years before his death he was connected with St. Mark's congregation,
+and no cause, except severe bodily illness, was ever allowed to prevent
+him from going to church on Sunday morning. On many occasions, when his
+steps had grown feeble and his strength was failing, it was suggested to
+him that he should drive to church, but he always replied that he would
+walk to church as long as he had strength left to do so, and that he
+would not have people harnessing up horses on the Sabbath Day on his
+account. This resolution he maintained to the end of his life.
+Sometimes, when he met an old acquaintance, as he toiled up the street
+which led to his favourite church, he would cheerfully greet him by
+saying, "John, this hill has grown steeper than it used to be," but he
+climbed the hill to the end, and the last Sunday he was able to be out
+of his bed he walked to church as usual. He also took a deep interest in
+all humane and philanthropic objects as well as in the great work
+connected with the spread of the Gospel. He was a constant attendant at
+the annual meetings of the British and Foreign Bible Society, and was a
+life member of that admirable association.
+
+{HIS IMPERIAL HONOURS}
+
+The honours that Sir Leonard Tilley received from Her Majesty, in
+recognition of his great public services, were very gratifying to his
+friends as well as to himself, and when he was made a Knight Commander
+of St. Michael and St. George, in 1879, his temperance friends embraced
+the first opportunity on his return to St. John to have a banquet in his
+honour, at which he wore, for the first time in public, the insignia of
+the knightly order of which he had become a member. There was probably
+no public event in the whole course of his life which gave him greater
+pleasure than this proof of the attachment of his old friends.
+
+Sir Leonard's last visit to England was marked by an extremely gracious
+invitation to visit the queen at Osborne, in the Isle of Wight. While he
+and Lady Tilley were sojourning at Cowes a message was sent summoning
+them to Osborne House, where they were received by Her Majesty in the
+beautiful grounds that surround that palace. The Princess Louise and
+Princess Beatrice, with an equerry in waiting, were the only other
+persons present. After an interesting conversation they were permitted
+to visit the private apartments of Her Majesty, and the Prince Consort's
+farm.
+
+Sir Leonard Tilley was first married in 1843 to Julia Ann, daughter of
+the late James T. Hanford, who died in 1862. By her he had seven
+children, two sons and five daughters. In 1867, he married Alice Starr,
+daughter of the late Z. Chipman, of St. Stephen. By this marriage he had
+two sons, Mr. Herbert C. Tilley, of the Imperial Trust Company, who
+resides in St. John, and Mr. L. P. DeWolfe Tilley, barrister, who is
+also a resident of St. John. These two sons, Herbert and Leonard, were
+the prop and comfort of his declining years and were devoted wholly to
+him to the end.
+
+{LADY TILLEY}
+
+Sir Leonard Tilley's second marriage was contracted at the time when he
+was exchanging the limited field of provincial politics for the wider
+sphere which confederation opened up to him in the parliament of Canada.
+It was a fortunate union, for it gave him a helpmeet and companion who
+was in full sympathy with him in all his hopes and feelings, and who was
+singularly well qualified to preside over his household, which, in his
+capacity of a minister of the Crown, had become, to a considerable
+extent, a factor in the public life of Canada. Lady Tilley had a high
+ideal of her duty as the wife of a cabinet minister and of the governor
+of New Brunswick, and was not content to lead a merely ornamental life
+or confine her energies within a narrow range. She saw many deficiencies
+in our appliances for relieving human misery, and with a zeal which
+could not be dampened, she sought to remedy them. The Victoria Hospital
+at Fredericton is her work; hers also is the Nurses' Home in connection
+with the Public Hospital in St. John, and the Reformatory for the care
+of bad or neglected boys, who are in danger of becoming criminals if
+they are not educated and disciplined when they are young. In every work
+of philanthropy Lady Tilley has always taken not only an active, but a
+leading part, and her position has enabled her to enlist in the cause of
+humanity the energies of many who, under other circumstances, might not
+have given their attention to philanthropic work.
+
+Sir Leonard Tilley for many years had suffered from an incurable
+disease, which had been mitigated by rest and medical treatment, but not
+removed. It was the knowledge of the fact that his days would be
+shortened if he continued in active political life that compelled him
+to leave the government in 1885. For many years before his death the
+malady had been so far subdued that it gave him comparatively little
+trouble, but any unusual exertion on his part was almost certain to
+arouse it again to activity, so that he was prevented on many occasions
+from taking part in public functions which, under other circumstances,
+he would have been glad to attend. Still, he always contrived to take
+his daily walk, and few who saw him ever suspected that he was
+constantly menaced by death. For three or four years before his decease
+his strength had been failing, he stooped more as he walked, and it was
+evident that he was not destined to enjoy many more years of life. Yet
+during the spring of 1896 there was nothing whatever to indicate that
+the end was so near, for he went about as usual, and was able to preside
+at the annual meeting of the Loyalist Society which was held during the
+last week in May. On that evening he appeared very bright and cheerful,
+and he entered with much interest into the discussion of the details of
+an outing which it was proposed the society should hold during the
+summer. "Man proposes, God disposes." Sir Leonard had gone to Rothesay
+early in June to spend a few weeks in that pleasant spot, and he
+appeared to be in his usual health until the night of June 10th, when he
+began to suffer great pain from a slight cut which he had received in
+the foot. The symptoms became alarming and gave indications of blood
+poisoning, a condition due to the disease from which he had suffered so
+many years. On June 11th, he was taken to Carleton House, his town
+residence, and from that time the doctors gave no hope of his recovery.
+It was one of the sad features of his illness that his life-long friend
+and physician for many years, Dr. William Bayard, was unable to attend
+him, being himself confined to his bed by illness.
+
+{LAST ILLNESS AND DEATH}
+
+After Sir Leonard Tilley reached his home in St. John he never rallied,
+and he was well aware that his end was near. He was attended by Dr.
+Inches and Dr. Murray McLaren, but he was beyond medical aid, and
+therefore the people of St. John, for several days before the event took
+place, were aware that their foremost citizen was dying. The time was
+one of great excitement, for the general election was near, yet the eyes
+of thousands were turned from the moving panorama of active life which
+passed before them to the silent chamber where the dying statesman was
+breathing his last. The regret and sympathy that was expressed was
+universal, and in their kindly words those who had been his life-long
+political opponents were not behind those who had been his friends. Sir
+Leonard Tilley died at three o'clock on the morning of June 25th, the
+second day after the general election which brought about the defeat of
+the party with which he had been so long identified.
+
+{HIS EMINENT SERVICES}
+
+His death evoked expressions of sympathy and regret from all parts of
+the empire and from many states of the union. The letters and telegrams
+of condolence which Lady Tilley received during the first days of her
+widowhood would of themselves fill a volume, showing how widely he was
+known and respected. The funeral, which took place on the Saturday
+following his death, was one of the largest ever seen in St. John, and
+was attended by the Board of Trade, the Loyalist Society, the various
+temperance organizations, the members of the provincial government, and
+a vast concourse of prominent citizens. The services took place at St.
+John's Episcopal Church, and were conducted by the rector, the Rev. John
+deSoyres, assisted by the Rev. R. P. McKim, rector of St. Luke's Church,
+with which Sir Leonard had been identified in his earlier years. The
+interment took place in the Rural Cemetery. Many references to the
+decease of this eminent man were made from the pulpits of St. John and
+other parts of the province on the Sunday following his death, and all
+the newspapers had long notices of the event and editorials on his life
+and character. We may fittingly close this work by quoting a portion of
+what was said of him by the St. John _Telegraph_, a paper that was
+politically opposed to him for many years:--
+
+"It is greatly to the honour of Sir Leonard Tilley that no scandal,
+public or private, was ever attached to his name. A consistent
+temperance man to the end of his life, he was faithful to the cause
+which he had espoused when he was young, and he enjoyed the confidence
+and received the steady support of a vast majority of the temperance men
+of the province, who looked upon him as their natural leader. His
+capacity for friendship was great, and his friends might be numbered by
+thousands, for he had a peculiar faculty of strongly attracting men to
+himself. This may be ascribed, in part, to the magnetism of a buoyant
+and strong nature, but it was more largely due to the extreme simplicity
+of his character, which remained wholly unspoiled by the favours which
+fortune had showered upon him. No man, however humble, had any
+difficulty in obtaining an interview with Sir Leonard Tilley; he was
+every inch a gentleman, and was, therefore, as polite to the poorest
+labourer as to the richest in the land. Such a man could not fail to be
+loved even by those who had been his most bitter opponents in former
+years, when he was in active political life.
+
+"It is one of the drawbacks of this human life that the wise, the
+learned, the good, and those whom we most love and honour, grow old and
+feeble, fall by the wayside and pass away. So while we lament the death
+of Sir Leonard Tilley, we must recognize it as an event that was
+inevitable, and which could not long have been postponed. His lifework
+was done; his labours were ended; his active and brilliant career was
+closed; he was but waiting for the dread summons which sooner or later
+must come to all. The summons has come, and he has gone from among us
+forever. His venerable, noble face will no longer be seen on our
+streets, his kindly greeting will no longer be heard. But his memory
+will live, not only in the hearts of all his countrymen, but enshrined
+in the history of this his native province, and of the great Dominion
+which he did so much to create, and which he so fondly loved."
+
+
+
+
+INDEX
+
+
+
+
+INDEX
+
+
+A
+
+ Allen, Hon. John C., solicitor-general, 183;
+   opposes confederation, 228;
+   becomes attorney-general, 233;
+   appointed a judge, 235
+
+ Anglin, Hon. Timothy W., opposes confederation, 227, 233;
+   differences with his colleagues, 236;
+   resigns from the government, 237
+
+ Aroostook War, 135
+
+ Ashburton Treaty, 195
+
+ Assembly, House of, its composition and powers, 6;
+   Wilmot's college bill introduced in, 51;
+   its passage through the House, 52-6
+
+
+B
+
+ Babbitt, Samuel, teacher of the Madras School, 147
+
+ Baillie, Thomas, retires with a pension, 116
+
+ Ballot Law passed, 189
+
+ Beckwith, John A., member for York, 250
+
+ Bernard, Lieutenant-Colonel Hewitt, secretary of the confederation
+           delegations, 263
+
+ Blair, Hon. Andrew G., premier of New Brunswick, 280
+
+ Bliss, Hannah, mother of L. A. Wilmot, 3, 4
+
+ Botsford, Hon. Bliss, surveyor-general, 233
+
+ Bounties, disallowed by British government, 118
+
+ Boyd, Hon. John, lieutenant-governor of New Brunswick, 280
+
+ British North America Act, the, comes into force, 269
+
+ Brown, George, agrees to support confederation, 211
+
+ Brown, James, surveyor-general, 174
+
+
+C
+
+ Campbell, Sir Archibald, lieutenant-governor of New Brunswick, 23, 27;
+   refuses information to the House, 28;
+   censured by the assembly, 29;
+   dissolves the assembly, 29;
+   opposes the civil list arrangement, 44
+
+ Carleton, Thomas, governor of New Brunswick, 5
+
+ Carnarvon, Lord, his interest in confederation, 264
+
+ Carter, Sir James, appointed a judge, 74;
+   appointed chief-justice, 130;
+   resigns the chief-justiceship, 235
+
+ Cartier, Hon. George E., minister of militia, 271
+
+ Casual and territorial revenue, _see_ Crown lands
+
+ Chandler, Edward B., a delegate to England in reference to the Crown
+           lands, 24;
+   enters the government, 72;
+   resigns, 76;
+   goes to England on behalf of the Intercolonial Railway, 168, 196;
+   confederation delegate to England, 262
+
+ Chipman, Ward, chief-justice, 74;
+   resigns, 129
+
+ Church of England, its predominant influence, 7
+
+ Civil list, the, paid in part by the Crown land revenue, 21, 25;
+   the Civil List Bill, 43;
+   the bill passed, 47
+
+ Clark, Rev. Samuel, rector of Gagetown, 147
+
+ Colebrooke, Sir William, lieutenant-governor, 76;
+   appoints Alfred Reade secretary, 76;
+   censured by the assembly, 101
+
+ Confederation, 201, 202;
+   proposed in Lord Durham's Report, 203;
+   discussed in 1858, 205;
+   not favoured by Lord Derby's government, 205;
+   D'Arcy McGee's party visits the Maritime Provinces, 209;
+   crisis in the government of Canada, 209, 210;
+   Canadian statesmen at the Charlottetown conference, 217-19;
+   the Quebec scheme, 222;
+   unfavourably received in New Brunswick, 223-5;
+   the general election of 1865, 226-9;
+   defeat of, 231;
+   recommended in the speech from the throne, 242;
+   carried at the general election of 1866, 249-51;
+   resolutions in its favour carried in the legislature, 260, 262;
+   delegation sent to England to arrange details of, 262;
+   delay in arrival of Canadian delegates, 263;
+   meeting in London, 263;
+   discussion of the terms of union, 264;
+   Confederation Act passed by parliament, 265;
+   the union of the provinces proclaimed, 269
+
+ Connell, Hon. Charles, postmaster-general, circumstances which led to
+           his resignation, 191-2;
+   member for Carleton, 231;
+   becomes a member of the Mitchell-Wilmot government, 247;
+   reelected for Carleton, 249
+
+ Cook, Dr. Henry, 149
+
+ Council, executive, its composition, 48, 72;
+   reorganized, 116
+
+ Council, legislative, 5;
+   rejects the college bill, 52, 53;
+   its obstructive character, 67;
+   its conduct condemned by the assembly, 68;
+   changes in its composition, 69;
+   favours confederation, 244
+
+ Crane, William, a delegate to England with an address to His Majesty, 41
+
+ Crown lands, revenues from, 6;
+   dissatisfaction with the management of, 18-21;
+   used to pay the civil list, 21, 22;
+   control of, made the subject of an address to the king, 23;
+   a deputation sent to England, 24;
+   the surrender of the revenues by His Majesty proposed, 25-7, 35-7;
+   another address to the king, 37, 38;
+   control of, surrendered to the province, 47
+
+ Custom-house system, imperial, discarded, 175, 176
+
+ Customs duties, 6, 16, 17, 18, 38, 39
+
+
+D
+
+ DesBrisay, L. P. W., seconds Fisher's amendment to the address in reply
+           to the speech from the throne, 244
+
+ Douglas, Sir Howard, lieutenant-governor of New Brunswick, 50, 51, 148
+
+ Dow, Dr., member for York, 250
+
+
+E
+
+ Education, unsatisfactory condition of, in New Brunswick, 83-5;
+   the Madras system, 86-8;
+   Wilmot's speech on, 88-91
+
+
+F
+
+ Family Compact, the, 13, 110
+
+ Fees, on land grants, 14
+
+ Fenians, threaten to invade Canada, 240, 241;
+   invade New Brunswick, 247;
+   Doran Killian, leader of, 247;
+   troops called out to oppose them, 248;
+   their invasion a fiasco, 249
+
+ Fisher, Hon. Charles, member for York, 47;
+   reelected for York, 102;
+   moves a want of confidence resolution, 103;
+   his resolution defeated, 111;
+   enters the government, 116;
+   defeated in York, 128;
+   his services to the Liberal party, 154;
+   moves a want of confidence resolution, 172, 173;
+   joins the new government as attorney-general, 174;
+   retires from the government, 193;
+   reelected for York, 194;
+   elected on the confederation ticket for York, 237;
+   moves an amendment to the address in reply to the speech from the
+             throne, 244;
+   becomes attorney-general, 247;
+   moves a confederation resolution, 257, 258;
+   a confederation delegate to England, 262;
+   elected for York in the first parliament of united Canada, 273
+
+ Fraser, John J., opposes confederation, 228
+
+
+G
+
+ Gagetown, birthplace of Sir Leonard Tilley, 146
+
+ Galt, Hon. A. T., in favour of confederation, 205;
+   minister of finance, 271
+
+ Gilbert, Thomas, advocates agricultural schools, 162
+
+ Gillmor, Hon. A. H., provincial secretary, 233
+
+ Gladstone, Right Hon. W. E., 199
+
+ Glenelg, Lord, colonial secretary, 42, 61
+
+ Glenie, James, an early Reformer, 13
+
+ Gordon, Arthur Hamilton, lieutenant-governor of New Brunswick, opposed
+           to confederation, 239;
+   his change of views, 240;
+   the confederation paragraph in his speech from the throne, 242;
+   differences with his government, 242
+
+ Government, responsible, the demand for, 99-111;
+   granted, 113-16
+
+ Gray, Hon. John H., 152;
+   supports the government, 160;
+   becomes a member of the government, 165;
+   appointed attorney-general, 183;
+   favours confederation, 227;
+   elected for St. John County, 251;
+   speaker of the assembly, 256;
+   again elected for St. John in the parliament of 1867, 273
+
+ Gray-Wilmot government, formed, 183;
+   defeated, 184
+
+ Grey, Earl, colonial secretary, on tenure of office, 113;
+   disallows hemp bounty bill, 118
+
+ Grievances, committee on, appointed, 24
+
+
+H
+
+ Hamilton, Peter S., his articles advocating confederation, 207
+
+ Hanington, Hon. D. L., speaker, 172
+
+ Hannay, James, his articles in favour of confederation, 207
+
+ Harding, James A., elected for the city of St. John, 167
+
+ Harvey, Sir John, lieutenant-governor, 47, 113
+
+ Hatheway, Hon. George L., opposes confederation, 228;
+   joins the anti-confederation government, 233;
+   retires from the contest in York, 250
+
+ Hazen, Hon. Robert L., on responsible government, 63;
+   enters the government, 72;
+   resigns, 76
+
+ Head, Sir Edmund, lieutenant-governor, 129
+
+ Hill, George S., member for Charlotte, 66
+
+ Howe, Hon. Joseph, a delegate to England in connection with the
+           Intercolonial Railway, 107;
+   advocates confederation, 204
+
+ Humbert, Mr., opposes responsible government, 64
+
+ Hutchinson, Richard, 234
+
+
+J
+
+ Jenkins, William, teacher of the Gagetown grammar school, 147
+
+ Johnson, Hon. John M., solicitor-general, 174;
+   confederation delegate to England, 262;
+   opposes county courts bill, 267
+
+ Johnston, Hon. Hugh, enters the government, 72;
+   resigns, 76
+
+
+K
+
+ Kerr, George, member for Northumberland, 249
+
+ King's College, 49;
+   its illiberal charter, 50;
+   bill to amend it defeated, 52;
+   passed, 56, 163;
+   reorganized and becomes University of New Brunswick, 190
+
+ Kinnear, Hon. William B., solicitor-general, 116
+
+
+L
+
+ Legislature of New Brunswick, called together in 1866, 256;
+   its session of 1867, 266
+
+ Leonard, Samuel, 147
+
+ _Loyalist_, newspaper, its proprietors arrested, 75 (note)
+
+
+M
+
+ Macdonald, Sir John A., chairman of the confederation delegation, 263;
+   forms the first Dominion cabinet, 270
+
+ McClelan, Hon. A. R., chief commissioner of public works, 247;
+   reelected for Albert County, 249
+
+ McGee, Thomas D'Arcy, favours confederation, 207;
+   lectures in St. John, 207;
+   brings a party to visit the Maritime Provinces, 209
+
+ McMillan, Hon. John, surveyor-general, elected for Restigouche, 231;
+   becomes postmaster-general, 247
+
+ McPhelim, Francis, postmaster-general, 183
+
+ Manners-Sutton, Hon. H. T., lieutenant-governor of New Brunswick,
+           dissolves the House of Assembly, 180
+
+ Maritime union movement, 211-13;
+   the Charlottetown conference, 215
+
+ Marriage laws, 14, 15
+
+ Meade, General, 249
+
+ Metcalfe, Sir Charles, governor-general of Canada, 74;
+   his unconstitutional stand, 74;
+   his views approved by the New Brunswick assembly, 74
+
+ Mitchell, Hon. Peter, member of the legislative council, 246;
+   supports confederation, 246;
+   called on to form a government, 246;
+   forms the Mitchell-Wilmot government, 247;
+   confederation delegate to England, 262;
+   becomes minister of marine, 271
+
+ Monck, Viscount, governor-general of Canada, 265
+
+ Money grants, initiation of, 48
+
+ Montgomery, John, enters the government, 72;
+   surveyor-general, 183
+
+ Morgan, Elizabeth, great grandmother of Sir Leonard Tilley, 145
+
+
+N
+
+ Needham, W. H., member for York, 152;
+   his ability and character, 154;
+   opposes confederation, 228
+
+ Newcastle, Duke of, colonial secretary, 197
+
+
+O
+
+ Odell, Hon. William Franklin, death of, 75
+
+ Odell, Hon. William H., postmaster-general, 233, 234
+
+ Office, tenure of, 57;
+   Lord John Russell's despatch, 57;
+   resolution of assembly thereon, 60
+
+
+P
+
+ Palmerston, Lord, his government in office during confederation
+           negotiations, 206
+
+ Parker, Hon. Robert, becomes chief-justice, 235
+
+ Parliament of Canada, its first meeting, 273
+
+ Partelow, Hon. John R., member for St. John County, 65;
+   on money appropriations, 93;
+   becomes provincial secretary, 116;
+   his ability as a business man, 157
+
+ Peters, Colonel Harry, speaker of the assembly, 148
+
+ Peters, Susan Ann, mother of Sir Leonard Tilley, 146
+
+ Peters, William, grandfather of Sir Leonard, 146
+
+ Peto, Brassy and Betts, propose to construct New Brunswick railways, 167-9
+
+ Pickard, John, defeated in York, 237
+
+ Portland Railway Convention, 119;
+   L. A. Wilmot's speech at, 120
+
+ Prohibitory liquor law, 176-8;
+   its failure, 180
+
+ Putnam, Charles S., barrister, 11
+
+
+R
+
+ Railways, European and North American, proposed, 168;
+   its progress, 186;
+   completed to Shediac, 187, 188;
+   Intercolonial, building of, proposed, 168, 195;
+   delegations sent to England to obtain assistance, 169, 196-8;
+   discussed in parliament, 187;
+   a meeting held in Quebec to consider the offer of the British
+             government, 198;
+   a committee is sent to England to arrange the terms of the guarantee
+             but fail to come to an agreement, 199, 200;
+   its construction secured by confederation, 264
+
+ Reade, Alfred, appointed provincial secretary, 76;
+   his appointment condemned by the assembly, 79;
+   the appointment cancelled, 80
+
+ Reciprocity treaty, discussed, 170, 171;
+   bill passed, 175
+
+ Ritchie, Hon. William J., member for the county of St. John, 152;
+   his great ability, 155;
+   moves a want of confidence resolution, 160;
+   complains of the conduct of the governor and the colonial office, 164;
+   resigns his seat, 166;
+   reelected for St. John, 172;
+   joins the Fisher government, 175;
+   becomes chief-justice, 236
+
+ Robinson, F. P., auditor of the king's casual revenue, 34
+
+ Russell, Lord John, colonial secretary, 53;
+   on the King's College charter, 54;
+   on tenure of office, 114
+
+
+S
+
+ Salaries, official, 61;
+   reduction proposed by Wilmot, 62
+
+ Saunders, Hon. John Simcoe, advocate-general, 34
+
+ Simonds, Hon. Charles, a delegate to England with the grievances of New
+           Brunswick, 24;
+   elected speaker, 160;
+   resigns his seat, 166;
+   again elected speaker, 183
+
+ Skinner, Hon. C. N., favours confederation, 227;
+   member for St. John city, 251
+
+ Smith, Hon. Albert J., joins the Fisher government, 175;
+   forms an anti-confederation government, 232;
+   differences with the lieutenant-governor, 242;
+   his government resigns, 245;
+   moves an amendment to confederation resolutions, 260
+
+ Smith, William O., mayor of St. John, 149
+
+ Stanley, Lord, colonial secretary, 53;
+   on King's College charter, 53, 54;
+   on the Reade appointment, 80;
+   on money grants, 92
+
+ Steadman, Hon. James, postmaster-general, 193
+
+ Steeves, Hon. William H., joins the Fisher government, 175
+
+ Street, Hon. George F., solicitor-general, 34;
+   a delegate to England in connection with the Civil List Bill, 45
+
+ Street, Hon. John Ambrose, attorney-general, 161
+
+ Street-Partelow government, defeated, 173
+
+ Sutton, Richard, 249
+
+
+T
+
+ Tilley, James, grandfather of Sir Leonard, 145
+
+ Tilley, Lady, 284;
+   her charitable work, 285
+
+ Tilley, Samuel, great-grandfather of Sir Leonard, 143
+
+ Tilley, Samuel Leonard, birth and ancestry, 143;
+   at the Madras School, 147;
+   at the grammar school, 147;
+   removes to St. John, 149;
+   enters a drug store as clerk, 149;
+   becomes a total abstainer, 150;
+   begins business on his own account, 150;
+   elected to the House of Assembly as member for St. John, 152;
+   resigns his seat, 166;
+   reelected for St. John, 172;
+   becomes provincial secretary, 174;
+   defeated on the prohibition question, 183;
+   again elected for St. John, 185;
+   a delegate to England in regard to the Intercolonial Railway, 196;
+   a delegate to Quebec to consider the offer of the British
+           government, 198;
+   second delegation to England, 199;
+   at the Quebec conference, 219-22;
+   defeated in St. John city, 231;
+   resigns with his colleagues, 232;
+   declines to form a new government, 247;
+   becomes provincial secretary, 247;
+   reelected for St. John city, 251;
+   his efforts for confederation, 252;
+   his ability as a speaker, 255;
+   supports the confederation resolutions, 258, 259;
+   confederation delegate to England, 262;
+   presented to Her Majesty, 266;
+   becomes minister of customs, 272;
+   elected to parliament for St. John city, 273;
+   made a Companion of the Bath, 274;
+   his standing in the House of Commons, 274;
+   becomes minister of finance, 275;
+   elected to the second parliament, 275;
+   appointed lieutenant-governor of New Brunswick, 275;
+   resigns the governorship, 278;
+   again becomes finance minister, 279;
+   introduces a protectionist tariff, 279;
+   again appointed lieutenant-governor, 280;
+   resides in St. John, 281;
+   his simple habits, 281;
+   his popularity, 282;
+   a member of the Church of England, 282;
+   made a K.C.M.G., 283;
+   his marriages, 284;
+   visits Her Majesty at Osborne, 284;
+   his children, 284;
+   suffers from an incurable disease, 285;
+   his last illness, 286;
+   death, 287;
+   funeral, 288;
+   tributes of respect, 288
+
+ Tilley, Thomas Morgan, father of Sir Leonard, 145
+
+ _Trent_ affair, 197
+
+
+U
+
+ United States, their attitude towards Canada, 254
+
+
+V
+
+ Vankoughnet, Hon. P. M., a delegate to England in regard to the
+           Intercolonial Railway, 197
+
+
+W
+
+ Wark, David, his bounty resolutions, 118
+
+ Watters, Hon. Charles, an advocate of confederation, 226
+
+ Weldon, Hon. John W., speaker of the assembly, 65;
+   on money grants, 94;
+   appointed a judge, 236
+
+ Wetmore, Hon. A. R., opposes confederation, 226;
+   opposes anti-confederation government, 243;
+   reelected for St. John city, 251
+
+ William IV., objects to alienation of Crown lands, 22;
+   dismisses the Liberal government, 37
+
+ Williston, Hon. Edward, solicitor-general, 247;
+   reelected for Northumberland, 249
+
+ Wilmot, Benjamin, first of the name in America, 3
+
+ Wilmot, Hon. Robert Duncan, 152;
+   his change of principle, 156;
+   supports the government, 160;
+   becomes surveyor-general, 165;
+   reelected in St. John, 166;
+   becomes provincial secretary, 183;
+   opposes confederation, 227;
+   dissatisfied with the government, 235;
+   resigns in January, 1866, 236;
+   forms a new government with Mitchell, 247;
+   reelected for St. John County, 251;
+   confederation delegate to England, 262
+
+ Wilmot, Lemuel, grandfather of L. A. Wilmot, 3
+
+ Wilmot, Lemuel Allan, birth, 2;
+   ancestry, 3;
+   education, 10;
+   studies law, 11;
+   his interest in politics, 11;
+   his knowledge of French, 12;
+   an officer of militia, 12;
+   elected to the assembly for York, 31;
+   takes his seat, 32;
+   his eloquence, 33;
+   zeal for reform, 34;
+   on custom house salaries, 38;
+   a delegate to the colonial office in connection with provincial
+             affairs, 41;
+   arranges terms with the British government, 43;
+   second delegation to England, 46;
+   reelected for York, 47;
+   engaged in the reform of King's College charter, 49-52;
+   bill rejected by council, 52;
+   resolutions thereon, 54;
+   the college bill passed, 56;
+   proposes a reduced scale of salaries, 62, 63;
+   nominated for the speakership, 66;
+   reelected for York, 66;
+   becomes a member of the government, 72, 73;
+   resigns in consequence of the Reade appointment, 76;
+   his reasons, 77;
+   advocates improved schools, 88;
+   in favour of free schools, 90;
+   an advocate of the initiation of money grants, 91, 94-7;
+   bids farewell to the House, 102;
+   reelected for York, 103;
+   his speech on the want of confidence resolution, 103-11;
+   becomes attorney-general, 116;
+   his oratory, 119;
+   at the Portland Railway Convention, 120;
+   his views on railway legislation, 126;
+   opposes the Shediac Railway, 127;
+   his bill for the reduction of salaries defeated in the legislative
+             council, 127;
+   decline of popularity, 128;
+   appointed a judge, 130;
+   Fenety's estimate of, 131;
+   appointed lieutenant-governor, 133;
+   his religious views, 133;
+   as a lecturer, 134;
+   takes part in the Aroostook War, 135;
+   his love of flowers, 136;
+   illness and death, 137;
+   character and achievements, 137-9
+
+ Wilmot, William, father of L. A. Wilmot, 3;
+   a Baptist local preacher, 10;
+   member of the House of Assembly in 1816, 10
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Wilmot and Tilley, by James Hannay
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