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

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 Note: 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.

CONTENTS

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:—

"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 SPEECH ON REFORMit, 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

"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! THE PEOPLE SUPREMEThere 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 manœuvring."

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.

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.