POLITICAL NOTES AND OBSERVATIONS; OR, A GLANCE AT THE LEADING MEASURES TIIAT HAVE BEEN INTRODUCED AND DISCUSSED in thi UNDER THE ADMINISTRATIONS OF SIR WILLIAM M. G. COLEBROOKE, SIR EDMUND WALKER HEAD, HON. J. H. T. MANNERS-SUTTON, AND HON. ARTHUR H. GORDON, EXTENDING OVER A PERIOD OF TWENTY FIVE YESES. TOGETHER WITH AN APPENDIX TO EACH CHAPTER, ^EMBRACING A NOTICE OF ALL IMPORTANT LOCAL OCCURRENCES SINCE 1840 . By G. E. FENETY, (queen’s PRINTER.) VOLUME I. FREDERICTON—PUBLISHED BY 8. R. MILLER, QUEEN STREET. 1867 . igs ifis Wm 9 B&! lift vmm ''•< eS»9| Wmm wmm HPm HBWmR PREFACE. From a long experience, in connection with the Newspaper Press of this Province—having commenced the “ Morning News” in Saint John in 1839, (the first Morning Paper upon the cash principle in the Lower Provinces, perhaps in British America,) and continued it down to 1863, the year of his appointment to the office which he now fills, the writer feels that he possesses pre-eminent advantages for discharging the duties which he has undertaken; and that his u Notes and Observations” will not prove devoid of interest to Politicians of a former day, as well as a means of instruction to the Political Student, for whom this work is chiefly intended. But, with his advantages, the writer has not been free from difficulties, which at the commencement seemed to be insu¬ perable. Had there been published from year to year, official debates of the Assembly’s proceedings, with the regularity of the Journals, there would have been materials at hand, in the Legislative Library, for the writer to work with,—while the seal of authority thus affixed to them, would have been a guarantee that the debates were authentic and impartial. Instead of this, it has only been at intervals that the House of Assembly have employed special Reporters. Two or three Sessions perhaps would pass away, and the public have to depend altogether upon the enterprise of the newspaper pub¬ lishers, for the proceedings ; and, as our political history has not been free from party spirit, it is not to be expected that Reporters, representing rival papers, would always be un¬ tinged by party bias while transcribing their notes for the Press. In 1840, the newspapers now published in Fredericton were not in existence. The Sentinel, published by Mr. Ward, (now no more,) was the only Journal in the 1 rovince (as far as can be ascertained,) that regularly contained the debates of the House; but the writer has been unable to procure a single complete volume, unless of a date anterior to suit his purpose. The Saint John Papers in 1840 were unrepresented in the Reporter’s Gallery.* There appeared to be but little interest taken in politics. Ships and Heals at that time formed the chief concern of the Provincial mind. The writer, has, there¬ fore, been unable to commence these Notes and Observations before the year 1842, when his own paper was the first to supply him with materials for the purpose, from the pen of his own special Reporter. At this period, however, or for # On several occasions in former years Reporters were sent up from Saint John, and paid by private subscription. XV. PREFACE. a few years preceding, there was very little political life or excitement in the Legislature. A lull had set in after the Casual and Territorial tempest, well known to elder politicians. It was the halcyon period—“ the days of political harmony/' so called—the last years of the administration of Sir John Harvey, whose reputation stood so well with all parties in the Legislature, that a service of plate, worth £1500, was voted to him on the eve of his departure from the Province. The desire for Responsible Government had not yet begun to stir up the blood of the younger members,—or the embers of party smouldered, not having been kindled into a blaze by the collision of opposing forces. The wolf and the lamb, in an amicable spirit, lay down together and slaked tlieir thirst at the same stream. There was a plethora of cash in the Provincial Chest, and no disagreement as to the mode of putting it into use. It was not until the arrival of Sir William Colebrooke in 1841, that the rumbling of the waters com¬ menced, and the political atmosphere began to lower, and give tokens of approaching storms. With such scant materials, as the writer could command, he was induced to do the best ho could for a few years, until by means of more lengthened reports, from his own and other papers, that afterwards appeared, he found the ground gradually to improve and his labour to become less irksome. In order to be as impartial, as the character of this undertaking requires, he has not confined himself to one class of news¬ papers, but sought information from those entertaining op¬ posite political views.* He trusts, therefore, that his honesty of intention, and a judgment matured by ripening years, will not allow him to betray a feeling calculated to do injustice to, much less wound the sensibilities of, those whose names may appear in this work—or if dead, the feelings of their friends. Whatever his old party predilections may have been, any influence they once had over the writer, ceased on his retire¬ ment from the paper which he established, and controlled for nearly a quarter of a century. Besides, it is due to his official position, as well as to the cause of truth, to observe in this undertaking, the most rigid impartiality, “ the soberness of history.” Being well aware that the zeal of partizanship, which at a former day, may have led him into an expression of hastily formed, sometimes ill-advised, opinions, will not be tolerated by an intelligent public, in a work supposed to be conducted with coolness and deliberation—and after years of study and reflection. * Reporter, Head Quarters, Morning News, Loyalist, (portions of) Sentinel, official Debates, Journals of the House of Assembly, &c. PREFACE. y. With thebest intentions, then, the writer approaches his sub¬ ject—to reproduce in a compendious form, “ the sayings and doings” of honorable gentlemen who formerly figured in debate, many of whose names have long since been forgotten. No new ground will be opened up. Every thing calculated to excite controversy, will be strictly eschewed. Nothing but recorded facts will be taken in hand. That is to say, no visionary speculations will be indulged in. Whenever occa¬ sion requires an expression of opinion, it will be done with due deference to what may be the supposed opinions of others. More may be expected from this work by Politicians of a former day, than it is calculated to supply. If it were intended as a mere Parliamentary Record, it would be requi¬ site that all the speeches of members should be reproduced. The intention and scope of the work, will not admit of this. The object is to convey information to the Political Student— or rather to direct his attention to where he may find a dis¬ cussion upon any subject in which he may feel interested, more elaborately given. It is to convey within as brief com¬ pass as possible* the leading points—a consecutive narrative, —of all the principal measures that have been introduced into the House of Assembly from a particular period. It is, therefore, possible that many speeches, (although informa¬ tion will be garnered from all in the compilation,) will not be named at all; and quotations made only from such as will subserve the purpose of this work. It may be here stated that it was the original intention of the writer, in preparing these papers, to submit them to one of our newspaper proprietors, for publication in his columns, to be continued from one number to another. But on pro¬ ceeding, he found the matter so accumulated on his hands, that the abandonment of this plan was considered imperative. He then concluded to adopt the Pamphlet form,.as less pre¬ tentious than that of a volume,, and to issue it in monthly numbers of 96 pages. Should the reader find enough of interest in the undertaking—that is, in the matter itself—he can preserve the whole in boards, after the numbers are com¬ pleted. If otherwise—if the reading turns out to be “ stale and unprofitable,”—the owner will enjoy the full privilege of saving the expense of binding and consigning the Pamphlets to the flames—or treat them as having fallen still born from the Press. The writer, however, flatters himself with the belief that in reviving the memories of our older Politicians, an interest for the perusal of these pages will be created— while the young political student will find a great deal of new information in "this old matter, with regard to the politics of his own Province, placed within his reach, which he other- VI. PREFACE. wise could not obtain—as, in the first place, it is not easy to get hold of back newspaper volumes, and in the second place, if it were easy, not a very inviting task to overhaul their contents The work may also be useful to the future his¬ torian of our Province ; the matter which it contains serving as a foundation for a more extended operation. The endeavour will be to observe the strictest accuracy throughout. Mere errors of date, which it is not alwavs easy to avoid, —for instance, on the introduction, or following up of a measure through its several stages, or the “ reporting of progress” from time to time,—may not, perhaps, be of so much ""moment; but errors of fact, will be as anxiously guarded against, as if the writer felt that his reputation for honesty depended upon his accuracy; and should substantial errors of this kind occur, the writer will, when they are brought to his knowledge, be pleased to make correction in the ensuing number. fJ In order to render the “ Notes and Observations more interesting and acceptable to the general reader, the writer will add, by way of Appendix to each Chapter, all the re¬ markable local occurrences that have appeared or rather been referred to in the newspapers, commencing with the year 1840. As there have been many such occurrences in con¬ nection with our New Brunswick history for the last twenty seven years, tire republication or allusion to the most promi¬ nent of them, will, no doubt, be interesting to the rising generation, and to those persons who have settled in the Province of late years. It will depend, however, upon the reception with which this, the first number of “ Notes and Observations” meets, whether the work will be continued. Should it receive en¬ couragement, the writer will feel a pleasure in following it up, embracing, in one continuous line, the Administrations of Sir Wm. M. G. Colebrooke , Sir Edmund W. Head , Hon. J. H. T. Manncrs-Sutton, and Hon. Arthur II. Gordon — the successive Governors of this Province—extending over a period of twenty five years. If, on the other hand, the work should not be considered as any acquisition to our Provincial literature, or calculated to compensate for the time necessary to its perusal, it will be discontinued, and an immense deal of labour con¬ sequently saved; and as he has no literary aspirations to gratify, "the writer is quite sanguine that he will not lose a single night’s repose from the effects of “ wounded vanity.” G. E. F. INTRODUCTION. In order to have a correct appreciation of the political state of New Brunswick, past and present, it is essential that the system of Government that existed in 1840—not only in this, but in the adjoining Provinces—should be taken into con¬ sideration, and contrasted with the system that obtains at the present day. In this retrospection, the student will have an idea of the steady progress that has been made in our political institutions within the last five and twenty years, through the abilities, zeal and determination of the early Reformers. At the same time, nothing more than a resume can be given of the various changes that have been wrought, and the instru¬ mentalities by which they were accomplished. The history of Responsible, or sclf-Colonial Government, furnishes ample materials for several octavo volumes. The chief points of discussion, therefore, upon this question, are all that can be noticed in a work intended for a diversity of subjects. The absence of Ministerial responsibility to the Colonial Assemblies was, until a recent period, the primary cause of complaint, whether by the people of Canada, Lova Scotia, or New Brunswick. The Lieutenant Governor, if an able and resolute man (like Sir Charles Metcalf,) could exercise all but supreme power, locally, not being circumscribed by any fixed constitutional rules; he received his instructions from the Colonial Office, and directions or advice, in minor matters, to be accepted or not, from a local Council of Royal appoint¬ ment, whose individual interests and those of the country often clashed—whose power to do good or evil, give good or bad advice, was unlimited by time, and altogether beyond popular control. This Government exercised Legislative, Ministerial, and Executive functions, and possessed what was called a “ back stairs influence” at the Colonial Oflice. The situation of an Executive Councillor was for life, or—which amounted almost to the same thing—during good behaviour. Nor was he required, by virtue of his office, to hold a seat in cither branch of the Legislature, consequently he was not amenable to those influences which at the present day, may, Vlll. INTRODUCTION. at any moment, dispossess a member of the Government of all his privileges. The Assembly might pass measures, demanded by the exigencies of the country; but the Govern¬ ment were not bound to sanction them, or see that they were carried into law. No measure that portended danger to “ vested rights,” could possibly have an opportunity of finding a place upon the statute book. Another mode of Government, was by Despatches . The Colonial Secretary entered freely into discussion with the Lieutenant Governor, upon local matters—not unfrequently attended with good effect. For example, in New Brunswick we are told how to shape our Tariff to meet our expenses— why the Assembly should surrender the initiation of the money grants into the hands of the Executive, &c. &c. The Governor, as now, was the medium of communication between the Assembly and the Crown; and it was not to be expected that his advisers would take an open part with the people, in opposition to the views or behests of the Colonial Secretary, which at times were exceedingly meddlesome and annoying. Enjoying as they did the dispensation of the patronage, and some of them the best offices in the Province, the interests of the Government stood in the way of whatever patriotism they might have had.* They certainly had nothing to gain as individuals, but every thing to lose, by standing up for the country and running counter to the “ Royal Instructions.” But whatever part they played, whether inimical or not to the interests of the people, they knew that no vote of the Assembly could dislodge them. They were thoroughly independent of every body but the Governor. With such privileges, such powers, such offices, (some of them worth £1,500 a year,) the resistance to reform so stoutly maintained, was not to be wondered at—indeed it might have been regarded as a pardonable weakness; for it was well known that any change in such a system of exclusive¬ ness, would eventuate disastrously to the monopoly enjoyed. Murdoch, in his History of Nova Scotia, No. 19, page 259, in speaking of the ruling party (the system the same in 1840) says — “In those early days (1807) every Province had a * The same, no doubt, would be the case at the present day with individuals generally, under similar circumstances. INTRODUCTION. IX. « little clique or connection that acted imperially over the « small affairs of a small country, and any opposition of “ sentiment or claim to advancement by a party not allied “ closely to the ruling power was viewed with deep hostility “ by those who possessed influence.” * At page 273, read as follows“ The error of all the old “ Colonial Constitutions, which combined in one small body “ of men all kinds of offices and powers, some quite incom- “ patible with others, was at the bottom of the mischief. “ The same men were a Privy and a Cabinet Council and a “ House of Lords. They also held most of the executive and “ judicial offices, and their tenure of all these functions were “ practically for life; also, on a vacancy in their number by “ death or removal, they had it much in their own hands to “ nominate the person to fill it. Thus a distinct oligarchy “ was established. How could they help under-valuing the “ men sent for a short period as deputies to the Assembly, “ who had little influence as individuals except in the imme- « diate locality of their homes. How could they brook being “ opposed, censured or called to account by parties compara- “ tively so humble; and if some more distinguished persons “ gave weight to the Resolutions of the House, they were “ always liable to he charged with ambitious or mischievous « designs. So far from imputing moral blame to any Gover- “ nor who leant to the Council against the House in our “ earlier days, I think it would have been almost a miracle “ for any one so situated and so surrounded to keep himself “ free from bias of that nature.” The doors of the Executive Council being closed to all out¬ siders, it was impossible for the talents of the country to command any thing higher than a seat in the House of Assembly. The offices of Provincial Secretary, Attorney and Solicitor Generals, Surveyor General, and the Judges, were the inheritance of family and political influences; an appoint¬ ment once made continued while life lasted. If the depart¬ ment was ill, or well managed, it was all the same, as far as the country had any thing to say in the matter. The Legis¬ lature was altogether impotent. If any redress were to he had at all, it was by appealing to the Colonial Office, a department not always well informed, or that understood X. INTRODUCTION. the merits of the matters at issue. The remedy, accord¬ ing to the Reformers, for the evils complained of, was to he provided in “Responsible Government” — but which “the Compact,” so called at the time, denied would be productive of any thing but a subversion of British insti¬ tutions in America. In their opinion, and they were doubt¬ less sincere in their convictions, Responsible Government meant Republicanism,—it meant a condition incompatible with a dependency—self-government would lead to a restive¬ ness under Imperial control, and final separation from the Mother Country. But whatever the political disturbance in this Province, the spirit of party was by no means so rampant as it was in Nova Scotia and the Canadas. The Reformers of Upper and Lower Canada commenced their agitation for Responsible Govern¬ ment long before the people and their advocates in this Pro¬ vince began to study the first principles of it—certainly before they were ripe for taking legislative action upon the subject. In the Canadas, the lower Province particularly, extreme men led the way. The right wing of the Reform party received its inspiration from such as the Baldwins and La- fontaines—men of earnestness, but moderation; while the left, or ultra section, acknowledged the Papineaus, the Neik sons, the M‘Kenzies, and the Rolphs, as their leaders. It was a question at the time, whether the extreme counsels of the latter were of more benefit than injury to the Colonies. It was contended by one class of thinkers that the fierce agita¬ tion which culminated in overt acts of treason in 1837, retarded the introduction of Responsible Government some years; while by another class it was remarked, that the pacific course of the moderate advocates, would have kept the Colonies in hot water for many years longer, and it was doubtful then, if the constitutional principles of the Refor¬ mers would have been fully established at any thing like as early a period. Of course there can he no sympathy with the course pursued by those, from whose evil counsel the good may have sprung. Nor is there conclusive proof that loyalty and perseverance would not have been equally avail¬ able, had there been a becoming unanimity among the Re¬ formers themselves—no division, as among the O’Connell INTRODUCTION. XI. repeal party in Ireland in 1848, as to tlie best mode of enforc¬ ing their grievances upon the attention of the Crown. But the rebellion of 1837-8, may he attributed in a great measure to the incoherent materials of which the population of Lower Canada was composed. It was accounted “ a war of races ” as well as a contention for political rights. The French had a large majority over the English in the Bepre- sentative body; and all the principal measures were shaped to meet the views of the dominant party—but always to he rejected by the Government in the hands of the English. In 1838 an Association was formed in Lower Canada, called “ The Constitutional Association of the City of Montreal.” Its members comprised the chief loyal inhabitants of the Province, but mostly of the old Conservative party. An Address from this body was sent to the Legislatures of Nova Scotia and New Brunswick, respectively, when both were in Session. The Address sets forth that “ the 'rights, the in- “ terests and the property of the Provincial inhabitants of “ British origin have been jeopardized by the designs of a “ revolutionary French faction, madly bent upon their des- “ truction. * * * * It is this exclusive French Canadian “ spirit alone which has given rise to all the discontent exist- “ ing in this Province—it is this which has, in fact, made the « question one of national origin, and not of political party— “ i n it is to be discovered the source of all the disturbances “ which have brought sedition and rebellion in their train ; “ and in it alone is to be found a full and complete answer to “ the inquiry, to what cause the present unhappy condition “ of this Province is to be ascribed.” The remedy proposed by this Association was a political amalgamation of the two raC es—a re-union of the Upper and Lower Provinces, in order that the English element might have some weight in the passing of measures through the Assembly. The object in sending the Address to the Nova Scotia and New Bruns¬ wick Legislatures, was to ask for an expression of opinion, and advice as to the best manner of carrying the principles proposed into practice. As an offset to this Address, and in proof that the complaints of the reformers were not alto¬ gether groundless, the following quotation from Lord Dur¬ ham’s Report, which appeared in 1839, is made Xll. INTRODUCTION. “ Tlie reformers, however, at last discovered that success “ in the elections insured them very little practical benefit.—* “ For the official party, not being removed when it failed to “ command a majority in the Assembly, continued to wield “ all the powers of the Executive government, to strengthen “ itself by its patronage, and to influence the policy of the “ Colonial government and of the Colonial department at “ home. By its secure majority in the Legislative Council, “ it could effectually control the legislative powers of the “ Assembly. It could choose its own moment for dissolving “ hostile Assemblies; and could always insure, for those that “ were favorable to itself, the tenure of their seats for the full “ term of four years allowed by the law. Thus the reformers “ found that their triumph at elections could not in any way “ facilitate the progress of their views, while that executive “ government remained constantly in the hands of their oppo- “ nents. They rightly judged that if the higher offices and the “ Executive Council were always held by those who could “ command a majority in the Assembly, the constitution of “ the Legislative Council was a matter of very little moment, “ inasmuch as the advisers of the Governor could always take “ care that its composition should be modified so as to suit “ their own purposes. They concentrated their powers, “ therefore, for the purpose of obtaining the responsibility of “ the Executive Council; and I cannot help contrasting the “ practical good sense of the English reformers of Upper “ Canada with the less prudent course of the French majority “ in the Assembly of Lower Canada, as exhibited in the “ different demands of constitutional change, most earnestly “ pressed by each. Both, in fact, desired the same object, “ namely, an extension of popular influence in the govern- “ ment. It is not in the terrors of the law, or in the might “ of our armies, that the secure and honorable bond of con- “ nection is to be found. It exists in the beneficial operation “ of those British institutions which link the utmost develop- “ ment of freedom and civilization with the stable authority “ of an hereditary monarchy, and which, if rightly organized “ and fairly administered in the Colonies, as in Great Britain, “ would render a change of institutions only an additional “ evil to the loss of the protection and commerce of the “ British Empire.” INTRODUCTION. xiii. The reformers of Nova Scotia considered that the Address had reference to an exclusively Canadian affair, a “ family quarrel” among the inhabitants, with which there should be no outside intermeddling. If they had any sympathy to send, theNovascotians considered it should be divided between the rival factions, so that one should have no more than the other, as both were culpable, each to a certain extent. It was fur¬ thermore remarked, that the Address did not suggest any improved system of Government—nor take cognizance of a series of political grievances of which English and French reformers alike had for many years been complaining. These were studiously ignored—or kept out of sight. In substance it simply recited that the French in Lower Canada, far outnumbered the English, and consequently shaped all their legislation to suit themselves; and the only way to relieve the difficulty was by means of the plan proposed. lion. Mr. Howe, leader of the Liberal party, in Nova Scotia, thus spoke of this Address in the Assembly—“ In that Associa- “ tion there were many men of reputation, and respectability, “ and independence, but besides these, nearly all of the official “ men of the city were members; those who opposed every “ attempt at political improvement, every measure likely to “ promote the general satisfaction, and whose object was to “ support that exclusiveness and ascendancy which had done “ so much evil. Men such as these had for years misled the “ British government; to bolster up high salaries and politi- “ cal ascendancy in all the Colonies, they had made them- “ selves active in supplying false information to a government “ which, of itself, was always disposed to do justice. He “ would not raise his voice in that House to abet rebellion “ elsewhere ; and whenever he felt it necessary to do so, he “ had stated his views on that head, and had uniformly “ asserted that there was nothing in the state of the Canadas “ to justify a resort to arms. Even if the rebellion could be “ justified, and if it were successful, there was not the diffu- “ sion of knowledge, or moral or political power in the coun- “ try, sufficient to establish a government as good as that “ which they endeavored to overthrow.” In New Brunswick the reform spirit was not, at this period, co-equal with that of Nova Scotia, as exhibited in the respec- xiv. INTRODUCTION. tive Assemblies. Here, our rising politicians, having reform tendencies, vied with the Conservatives in their denuncia¬ tions of the French. The Address was, therefore, i eceived in our Assembly with acclamation. Mr. (L. A.) Wilmot saw but one way of neutralising the influence complained of it was hy establishing a Registry Act in Canada, the utter aboli¬ tion of the feudal tenures, and the abolition of the French language from the Courts of Law and the Hall of Legislation.* He did not believe that “ Lower Canada would be tranquillised “ and restored to a proper state, till all the French distinguish- “ ing marks were utterly abolished, and the English laws, “ language and institutions, universally established through- “ out the Province.” Without such measures Mr. Wilmot did not see how a union of the two Provinces could be pro¬ ductive of the good expected—-for 400,000 Frenchmen would be the same in union as out of it. Mr. Wilmot was at the time the acknowledged leader of the young Liberal party then forming in New Brunswick. Of course he was sincere in his belief, and represented the loyal feelings of the inhabitants, which, in consequence of the rebellion, were aroused with more intensity than ever, and to the exclusion of every other consideration. Twenty eight years have since passed away, and it may he observed, without the point being disputed, that the French in Canada to day are considered to be among the most loyal ot Her Majesty’s subjects. Since the union and establishment of Responsible Government, there has not been a turbulent spirit once evinced—if the outbreak in Canada during a parti¬ cular time in Lord Elgin’s administration be excepted, (of which due notice will be taken hereafter in its proper place); but the French are altogether innocent of having shared any of the glory on that occasion. That emeute was conducted in a spirit by no means French. Before the Act of Union, and a fair system of government, a steady stream of complaints, year after year, poured across the Atlantic from the respective Legislative Assemblies to Downing Street, which was then the “ head quarters” of all the Colonial grievances afloat. The answers were seldom of a nature calculated to conciliate an irascible spirit. The * See Blatch and Grigor’s Reports for 1838. INTRODUCTION. XV. “ old party” had the ears of the Secretary; his avenues of information were confined and crooked. Like the grand inquest of a County, he was in a position only to hear one side of a story, to exercise his authority with one eye closed and the other hut half open. "We hear of no such complaints now-a-days. And yet the French still enjoy all their old immunities—such as speaking their own language in the Courts and in Parliament. Indeed not one of their old rights has been disturbed in consequence of, or as a pre-requi¬ site to, the introduction of Responsible Government. The conclusion arrived at for this better state of things, is, that the French no longer feel that they are kept apart poli¬ tically from the English, or outside of the circle within which power and authority centre. They feel that worth and talents do as much now for a Frenchman in Canada as for an Anglo- Saxon—that the French are no longer a proscribed race— and that their leading men have attained to the highest places in the Government,—not only so, bnt have been Knighted by Her Majesty—as were the late and present Premiers, Sir E. P. Tache, and Sir N". F. Belleau. In the struggles for Constitutional Government in the lowor Provinces, Nova Scotia formed the chief battle ground. In that Province the people had not only more to complain of than we had; but whatever their grievances, the causes of them were upheld by a most powerful, wealthy and influential class, and in the Legislature by men of the very first talents. But, the opposition also embraced men of equal talents, withal firm in their purpose and independent in spirit. Indeed it is doubtful if any legislative body in the world (relative numbers of course being considered) possessed a greater galaxy of talents than the Assembly of Nova Scotia from 1836 down to the consolidation of Party Responsible Government in 1848. The names of the leaders on both sides in the long struggle for Constitutional Reform, are familiar to many of those who may read these pages, and need not be repeated. Hew Brunswick had nothing of this to boast of. Whatever talents we had in the Legislature seemed to be arrayed, with very few exceptions, on the dominant side. But the opposition had also arrayed against them all the XVI. INTRODUCTION. influence of the Lieutenant Governor, (first that of Sir Colin Campbell, next his successor, Lord Falkland.) The sword wielded by His Excellency being double-edged, wounded the Liberals on two sides; his Despatches to the Colonial Office contained cutting reports against them under the mistaken notion that the aim of the Reformers was a dismemberment of the Empire—while his advisers took very good care to barb the weapon and render truth subservient to fiction. The Colonial Secretary being thus misled by ex-parte state¬ ments, every attempt at reform was met by a rebuff at head quarters. To use a simile, the fire that set the pot boiling was quenched, or checked, by the overflow. The Liberals might blaze away, as they did, session after session, but their fuel (as regarded present advantage) was expend¬ ed in vain. Men of less nerve must have quailed, suc¬ cumbed altogether, with such formidable odds against them. While this struggle was going on between the leaders in the House, the country was heaving with excitement. Brother arrayed against brother—father against son—some of the worst political enemies that men had were “ those of their own household.” But after all, may it not be questioned, in the way of argument, whether it is not better for a people to think and talk earnestly, in matters political, than to lie dor¬ mant when the fox is about and the poultry yard in danger ? Some of the political grievances complained of by the Rovascotians, may be mentioned, as illustrative of the system of government then common to all the Provinces alike. The Legislature consisted of but two branches, the Legis¬ lative and Executive Councils being contained in one, em¬ bracing twelve members, all in some way connected, by family ties, or business associations. It was called the “ Family Compact,” exercising a duality of power, whether in matters social, religious, or political. The Chief Justice and the Lord Bishop were members of the Council—so that the Church of England and the Judiciary were influentially represented in this all powerful branch of the Legislature. The patronage of the Crown, as may well be supposed, was dispensed within very narrow limits. The “ upper class,” as they were called, of course possessed the highest qualifications for office; if not by virtue of their abilities to discharge the du- INTRODUCTION. xvii. ties, cei'tainly by having pre-eminent claims upon the grounds of nepotism, or the favourable consideration of their friends in power. No one outside of the charmed circle, especially if he had shown a disposition to disturb the settled order of things, stood the remotest chance of preferment, no matter what his claims or abilities might have been. The proceedings of the Council were conducted with closed doors. Measures that had passed the House of Assembly by large majorities, were dis¬ cussed and perhaps rejected, in secret, the Assembly and the public being left in the dark as to the reasons for coming to such conclusions. The Council paid but little courtesy to the House. Instead of being a co-ordinate branch, harmonising in its proceedings for the public good, it acted as a repellant in measures of essential importance. The people’s represen¬ tatives, in the opinion of the Government, were but very plain men,—so obscure indeed, that on one occasion an honorable Councillor, in speaking of a member of the Assembly, thought proper to style him “a Mr.-.” The members of the Church of England throughout the Province, numbered but one-fiftli of the population, and it was complained that they were represented at the Council Board by nine out of the twelve members composing that branch, the other three being two Presbyterians and one Catholic. This state of things would naturally create jealousy and distrust among the denominations overlooked. The Governor could see nothing wrong in the composition of his Council—nothing unjust to three-fourths of the people, that a few influential wealthy families should govern, or give advice, most of the time at variance with the views and wishes of so large a proportion of the population. It was therefore a bold thing for a man to stand forth and declare against the political disabilities that existed. But those bold men were forthcoming. The shell of the egg was cracked by the memorable Libel case of 1835. The expose made on that occasion, and the result of it, in regard to the corruption that existed in high places, paved the way for the pursuit of still higher game. Hence, in a great measure, the agitation in the House of Assembly, which commenced so vigorously a few years afterwards for constitutional reform, and which led finally to the overthrow of the old oligarchy in Nova Scotia, and the triumph of Liberal principles in all the Provinces. 3 XV11I. INTRODUCTION, Daring all this time New Brunswick was comparatively free from the distractions of party. The ban of exclusive¬ ness was no less rigid here than it was in the sister Province j hut we had a little more of the British Constitutional element in our body politic. The doors of the Council Chamber were open to the public. The Legislature had the semblance of possessing three branches, although the outlines and filling in of two of these branches were precisely of the same party hue. The “ old families” ruled in both Councils—and in the one the people had an opportunity of listening to the discussions. The fact of the Assembly being in a position to criticise the conduct of the Council, did not improve matters much, for ■where there was no accountability, on the part of the Govern¬ ment, there was no responsibility felt. Having been educated to believe that one class of the inhabitants had the right to govern the other, it was impossible in the judgment of the party in power, that loyalty to the Crown could exist among those who did not fully concur in the belief that political virtue existed only in the first and second branches of the Legislature. However fanciful these notions may appear now they were not considered more absurd, twenty years ago, by a large majority of the people, than many other theories that have long since exploded. It is believed that the members of the old party were sincere, however errone¬ ous, in their convictions. One chief reason why the people of New Brunswick were more quiescent than those of Nova Scotia, may be assumed in the fact that the Press of the sister Province twenty five and thirty years ago, in the hands of able men, was con¬ tinually busy in educating the country. By that means the Liberal and Conservative sides were kept fully alive and watchful, in regard to the sins of “ omission and commission” of the opposing party. On the Liberal side was the Nova- scolian, (in the hands ot Mr. Howej—on the Conservative side was the Times, considered to be the organ of the John¬ son party. The leaders in Parliament were thus backed up by powerful influences out of doors; and this sympathy, run¬ ning both ways, encouraged perseverance all round. But after all it may be said, that the men made the Press and the Party— i. e. had there been no Howes on the one side or INTRODUCTION. XIX. Johnsons on the other, it may be a question whether Nova Scotia would have been any wider awake than New Bruns¬ wick was in 1840. Certainly our Press was not conducted with any desire for working up a party. Nor were there to he found among the front ranks of the people, such men as bent the political how and threw with such unerring aim the arrows of opposition, as those who held seats in the Assembly of the sister Province. It is not denied that there were able pens connected with the Press of this Province, and able men in the Legislature; but there was not as a rule a con¬ centration of talents, a steady perseverance, for the attain¬ ment of a particular object—the correction of great political abuses. There may have been a disposition and no oppor¬ tunity, which will account for the anomaly. In the absence of a steady purpose then, the country was in want of the needful materials at this early day, out of which to present or give embodiment to a grievance. There being no iixity of principles, no sufficient number of able, disinterested men, to take the lead, the practice for many years among our Representatives was but a nibbling at Constitutional ques¬ tions, and this too, as w T ill appear hereafter, long after Res¬ ponsible Government was established in Nova Scotia and Canada. Our House of Assembly was but the reflex of the old party—completely beneath its control in all matters affect¬ ing individual rather than public interests. It was nearly as impossible to gather roses from thorns, as to extract liberal ideas from those to whom the people had confided Conserva¬ tive trusts. There were but few men bold enough to don the reform armour, and whet their swords for an encounter with the foe; and what were these among a party so numerous and interested in maintaining the statu quo , consequently the favour of the party who had a monopoly of all the patronage. The attempts at reform therefore were only spasmodic, and for a long time seldom resulted in any thing but failures. The contrast between the political status of the people of Nova Scotia and that of this Province, owing to the circum¬ stances mentioned, will at once manifest itself when it is further explained, that while on the one hand in the Assembly of Nova Scotia the reform leaders were always backed up on great Constitutional questions, by a large majority of XX. INTRODUCTION# members,—on the other hand, in New Brunswick, whenever any attempt was made to divide the House upon similar questions, it was seldom that a dozen supporters could be found. While the Governor of Nova Scotia was in continual antagonism with the Assembly because he thought they were pushing matters too far, the Governor of New Brunswick was at issue with his Assembly because they would not push matters far enough—that is in a Responsible Government direction. (This will be made more clear when the adminis¬ tration of Sir William Colebrooke conies to be considered.) Had the administrations of the two Governments been dif¬ ferently allotted—had Sir Colin Campbell, or Lord Falkland, been sent to this Province, and Sir John Harvey (at an earlier day) and Sir William Colebrooke been appointed to Nova Scotia, each, in his turn, would have been surrounded by the influences and associations for which nature best fitted him. It is not likely that Sir William Colebrooke would have opposed the popular current then running so strongly in the Nova Scotia Assembly. Nor on the other hand, would Sir Colin Campbell have tried (as Sir Wm. Colebrooke frequently did) to convince the Assembly of this Province that their Con¬ servative practices were altogether wrong. It was not the right men in the right places in this instance. In corrobo¬ ration of the proposition just laid down, the reader’s attention is directed to the action in 1839 of Sir John Harvey, then Governor of this Province, who, on receipt of an important public document, concerning the tenure of office, from the Colonial Secretary, called at the time “the Russel Purge,” at once had it published in the Royal Gazette. [A reference to which will be seen in the Appendix.] I his document was intended by the Colonial Secretary for simultaneous publication in all the Provinces, as a rule for the guidance of office-holders in each. It was the first appli¬ cation of the wedge that was ultimately to split up the old system of Government; but in this Province it met with little sympathy and no support in the Legislature. It there¬ fore remained a dead letter for some years. In Nova Scotia Sir Colin Campbell refused to publish the Despatch. He was completely beneath the influence of his interested advisers_ interested to stave off a question that threatened to overturn INTRODUCTION. XXI. what they conceived to be their rights and privileges. The Reformers in the Assembly complained that the Despatch was not published in Nova Scotia as well as in New Bruns¬ wick. While the liberal spirit of Sir John Harvey was praised, the obstructive course of Sir Colin Campbell was censured. Back-stairs influence was suspected. It was sur¬ mised that Sir Colin by the advice of his Council, had ad¬ dressed the Colonial Secretary for “ further instructions,” before committing himself. Be this as it may, it was not until after his recall that the edict first saw the light of day in Nova Scotia. Here then we were in advance of our neighbours, so far as words went; but it will be seen in time that they distanced this Province by some years, in obtaining their political fruit fully ripened. The discontented state of the North American Provinces at this time is thus summarised in Lord Durham’s Report:— “ It is but too evident that Lower Canada, or the two “ Canadas, have not alone exhibited repeated conflicts between “ the Executive and the popular branches of the Legislature. “ The Representative body of Upper Canada was, before the “ late election, hostile to the policy of the government; the “ most serious discontents have only recently been calmed in “ Prince Edward Island and New Brunswick; the government “ is still, I believe, in a minority in the Lower House in “ Nova Scotia; and the dissensions of Newfoundland are “ hardly less violent than those of the Canadas. It may fairly “ be said, that the natural state of government in all these “ Colonies is that of collision between the Executive and the “ Representative body. In all of them the administration of “ public affairs is habitually confided to those who do not “ cooperate harmoniously with the popular branch of the “ Legislature; and the government is constantly proposing “ measures which the majority of the Assembly reject, and “ refusing its assent to Bills which that body has passed.” The remedy proposed by the Colonial Reformers for all the ills of which they complained, was only to be had, they said, in a strict responsibility being infused into all the departments of Government. They held that the Governor should be res¬ ponsible to the Colonial Office—his Advisers to the House of Assembly—and they in turn to the people. That the Legis- XXII. INTRODUCTION. ture should have the privilege of dealing with all questions purely local, irrespective of the Lieutenant Governor, or the Colonial Office; but matters strictly Imperial, to be avoided. That the members of the Government should hold seats in either branch of the Legislature—that the heads of depart¬ ments should be members of the Government ; and the relinquishment of their positions dependent upon their ability to secure a majority of supporters in the House. That the Government, supposed to have every means of information, should originate the principal measures of a Session, such as were calculated to develop the resources of the country, and stand or fall by them. Finally, that the Government should be carried on “ in accordance with the well understood wishes of the people.” These were the primary features in the great Constitutional Charter asked for by the Reformers. They contended that no Englishman coming to settle in the Colonies, should be obliged to part with any of his constitutional rights; more¬ over, they failed to see the justice of a portion of Her Majesty’s subjects living in one section of the Empire, not being in possession ot equal privileges with those living in another section — why a Londoner on the banks of the Thames should be less fettered than a Canadian on the banks of the Saint Lawrence—each of equal intelligence, and fit to take part in the Government of the-country. In sup¬ port of the argument it was urged that no one class in a Colony had the right to assume the functions of Government, hold all offices of emolument, levy taxes and distribute the revenues, privileges which their immense influence in or upon the Legislature gave them, and which, under the existing system, could not be disturbed. It was also argued in favour of Responsible Government, that it would put an end to the Despatch system ; and that the mission of delegates every year, groaning with complaints to the Colonial Office, would be altogether obviated. All back-stairs influence, in relation to local matters, would also cease at the fountain head—the political stream in conse¬ quence would be pure and limpid ; and only the party in the ascendant in the Colony would be the direct channel. In August, 1837, an Address sent “from the Reformers of the INTRODUCTION* xxiii. City of Toronto to their fellow Reformers in Upper Canada,” thus set forth the disadvantages their party laboured under in England—“ Those of our fellow subjects who go to Eng- “ land to represent our deplorable condition are denied a “ hearing, while authors and promoters of our wrongs are “ cordially and graciously received, and enlisted in the cause “ of our further wrongs and misgovernment.” In defence of the old system, it was denied that any just claims upon the patronage, had ever been overlooked, no matter from what class they emanated—that equal justice to all had been meted out in the distribution—that the Govern¬ ment was conducted for the benefit of the many and not the advantage of the few—that if the members of Government did not hold seats in the Legislature, they possessed as good opportunities, nevertheless, of understanding the require¬ ments of the country, and were equally zealous to meet them —that the English system of Government was a plant that could not take root in a Colonial soil—it was incompatible for a dependency to govern itself and at the same time give allegiance to a distant power. There must necessarily be collisions, and these in time would lead to revolution and perhaps separation from the Parent Government. Again, it was urged that a change of system would not be of any salutary advantage to the country. It would be open¬ ing the doors of the Government to demagogues—to political aspirants of questionable stamina, whose chief recommendation would bo the largest number of votes they could count at the polls, no matter by what means obtained. The Government of the country would thus, in time, fall into the hands of men incapable of supporting its dignity, or conducting the public affairs in a safe and judicious manner. But in justice it must he said, that there were those among the Conser¬ vatives who took a more liberal view of things, who certainly were not led into such fearful vaticinations as to the future. These had the good sense to make a virtue of necessity—the forecast to know that a change in the old system was a ques¬ tion of only a very few years. If they had any doubt it was that the too rapid reform movement was calculated to retard the early fruition of the Reformer’s hopes. It was too much to expect to overturn in a day a system that had been for xxiv. INTRODUCTION. nearly a century maturing, within and around which were entertwined vast influences and prejudices. The idea with them was like that in regard to the human constitution, the too rapid development of which, being exhaustive of its vital energies. The growth, to be vigorous, must be slow. Nor were they wrong in their conjectures if they be applied to Canada; for, as has already been seen, the ultra reformers of that country not only went in advance of the times, but over¬ shot themselves,—their excessive patriotism having led to their just expatriation—from the errors and eftects of which it took them many years to recover. But then, what had they to say in England upon this ex¬ citing topic of Colonial Reform ? Like almost every other question at the time, the government and people failed at first to understand the real meaning of Responsible Govern¬ ment in a Colony. “ Lord John Russell (says Lindsay) con- “ tended that the demand for an Executive Council in Canada, similar to the Cabinet which existed in Great Britain, set “ U P a claim for what was incompatible with the relations “ wbicb ought to exist between the Colony and the Mother “ Country.” “ These relations” says Lord John “ required “ that IIis Majesty should be represented in the Colony, not “ by Ministers, but by a Governor sent out by the King, “ and responsible to the Parliament of Great Britain.” A Colonial Ministry, he further argued, would impose on Eng¬ land all the inconveniences and none of the advantages of Colonies. (What follows will shew how sadly his Lordship misunderstood the real question at issue.) “ If Responsible “ Government (says he) were adopted and a British subject wronged on the banks of the Saint Lawrence, IIis Majesty would have less right to interfere than if the injury had “ b ® en c r m : tte d on the bailk « of the Danube, or the Bos¬ phorus. ’ As the fallacy of these ideas has long since been discovered, an imaginary circumstance inapplicable to any case (coming within the jurisdiction of a local government) that could possibly arise, since Responsible Government has been tionsTl T’l ier °T 1S nooccasion now to combat the objec- after tlT ^ ^ the delation of these views, V principles contended for were granted, that the nbo™ hypotto,., or supposed case, was practical!,- p„ t to INTRODUCTION. XXV. test,—that was when Deputy Sheriff M'Leod (the Canadian) was seized by the Americans and tried on a charge of having at the time of the rebellion, set fire to the Steamer Caroline and driven her over the Falls. The English Government on that occasion exercised its Imperial authority. It was purely a National question—not as between the local Govern¬ ments of Canada and the United States, hut as between the Governments of England and the United States—a question out of which an embroglio seemed imminent—if not a great war. We all understand these things now in the Colonies— our privileges in this respect are as well defined as if they were written and read daily. Nor is there a single instance of an attempt having been made by any local Government to over¬ step those privileges, or mix itself up in affairs with which Colonists have nothing to do. If such an interference at any time should be attempted, a circumstance not to be appre¬ hended, the English Government have the power in their own hands and know liow to exercise it. It may be added here that in less than three years after the Colonial Secretary had published the difficulties that pre¬ sented themselves to his mind in the application of the Responsible principle to a Colony, he did not, on receiving more light, hesitate to reverse his judgment. It is also due to Lord John (now Earl) Russell to say that during his administration of the office of Secretary of State for the Colonies, the Reformers in British America received coun¬ tenance, if not encouragement, while the justice of their demands was not denied. It was under his administration too, that Earl Durham’s famous Report came into the world —a Report that unfolded the perturbed state of Colonial politics for several antecedent generations—and threw such a flood of light upon the great questions that divided parties and agitated the public mind, to the extent of rebellious action, that British Statesmen (of whatever shade of politics) could no longer close their eyes to the relations that existed between the Mother Country and her trans-Atlantic posses¬ sions, and to the necessity there was for more attention being directed to Colonial affairs, with a view to a right understanding of the various questions that kept them for half a century in a continual broil. 4 XXVI. INTRODUCTION. The old questions which formerly divided parties, have long since been shut out from debate. The Constitution is now resolved into, what may he called, a settled polity. The bickerings and animosities which formerly distracted the Province, in the agitation for, and opposition to, reform, are now all but forgotten and forgiven on both sides. It is doubtful if those who formerly resisted the introduction of the new, would willingly go back to the old, system of Government. The experience of a dozen years and upwards, has taught all alike—that, although Responsible Government has not yet reached that standard of excellence originally claimed for it by its advocates, it, nevertheless, gives promise of bearing better fruit, with the increasing intelligence and independence of-the people. The best Gov¬ ernment in the world is susceptible of improvement; and it would be unreasonable to suppose that what is called Respon¬ sible Government in a Colony, could be free from blemish. The dissolution of a Ministry which necessitates a change in the beads of departments, is, no doubt, unproductive of all the advantage which the public interests require. Perhaps by the time a Minister becomes acquainted with the duties of his office, and is working the machinery well, he is called upon, by a party revolution, to give place to another, who, in turn, is obliged to undergo the same tuition, the same routine of duties, in order to become “ master of the situa¬ tion.” But, then, the question is, whether is it better to have these departments managed in accordance with the old close standard system, w'hich virtually excluded the people from obtaining any insight into a public department—and only acknowledged merit for preferment in those of a particu¬ lar class, 01 , with all its faults, the new* system, which enjoins a strict accountability to the people; thus affording the means of correction in case of arrogance, or an insufficient know¬ ledge of his business on the part of an official ? Like trial by Jury, which does not always insure impartial justice, it is nevertheless, a safe-guard against despotism. If the people oppress themselves, or fail to do themselves justice, they have only themselves to blame. Principles being thus established, old party lines are rubbed out. There is but one Member in our House of Assembly to-day, who held a seat in 1842. Since INTRODUCTION. XXV11. then, Dew combinations and new parties have been formed over and over again. The old Liberal and Conservative elements have frequently blended and become as it were homogeneous. So that now it would be difficult to discover who are really the representatives in the House of the class interests which in 1842 were avowed by the Liberals on the one side, and by the Conservatives on the other. It is believed, however, that all parties, by whatever nomenclature designated, are equally zealous for the country’s welfare; and that where there is a divergement upon vital questions, it is the result of conscien¬ tious conviction. There is no longer cause for that deep seated fervour which once excited the passions of Legislators. The respective positions of attackers and defenders are at present by no means analagous. The holders of office in 1842 considered it due to their families, and to the best in¬ terests of the country, that they should stoutly oppose those who sought to intrench upon what they conceived to be their inalienable rights. At the present day the field is clear and open to all parties alike, for advancement to office and power. It is the object, therefore, with Members of the House to stand well with their constituents—so that all alike are emulous to do what is right, no matter on which side they view a question, or to what party they belong. CHAPTER I. Depressed state of Business in 1842 —Sir William Golebrooke—Imperial Timber Duties—The loose manner of conducting the Public Business — The “ Initiation of the Money Grants”—Despatch from Lord Stan¬ ley—Examples of the working of the old system—Opinions of the Liberals and Conservatives—The General Elections of 1842 — Senti¬ ments on the Hustings—Large majority returned in opposition to dltto - . Monday, 18th—Mr. Blatch, ditto. Friday, 22nd—Mr. Blatch, m conclusion. Monday, 25th—The Rev. Mr. M‘Greeor on the Science of Geography Friday, 29th-Rev. Mr. M‘Gregor, on thf Geography ties o7Ameri^,° UC Frirl w b Kti liry J St 7 Mr ' Robertson Bayard, on the Antiqui- ties ot America. Friday, 5th—Mr. Geo. N. Smith, on the Progress of the Fine Arts from the institution of the Italian Schools. Mondty Ith-Mr Smin. ay - Ud ’ “!• cot ! tlnuatlon and conclusion. Friday, 12th—Mr’ Geo n' -Mr. O’HaBcran, on Military Survey. Friday fetl lot MV T k ’ ^ “* e Rlse and Progress of Literature. Monday March Jwfht Properties of Matter. Friday/5th-Mr Paterson, on Gravity. FridaV'mh-Mr^Jam^'p ^° nday ’ 8th ~Mr. James Powers. Monday 15th—Mr ’ Paterson, on the Mechanical AXD OBSERVATIONS. 71 Paterson, on Optics. Friday, 2Gth—Mr. Wm. Wright, on the French Revo¬ lution. Monday, 29tli—Dr. Gesner, on Electricity. Friday, April 2nd—Dr. Gesner, ditto. Monday, 5th—Dr. Gesner, on Galvanism. Friday, 9th—Dr. Gesner, on Magnetism. Monday, 12th—Dr. Gesner, on Electro Magnetism. Friday, lGth—Dr. Gesner, to close the Season with a Lecture on the Natural Resources of Nov Brunswick. The early History of Saint John. It Is believed that the extract below, from one of the Lectures delivered by M. II. Perley, Esq., and reported and published-by the writer at that time, will be worthy of the space which is here given to it—inasmuch as it refers to an important epoch in the history of Saint John* No man possessed a better knowledge of this Province than Mr. Perley. As a lecturer he sur¬ passed any other of the day,—indeed, considering his happy, extemporaneous style, his diction, matter, personal appearance, manner, &c., there have been none to surpass, if equal him, since. He was invariably received by over¬ flowing and gratified audiences. “ In 1772 all the country west of Saint John was burned over, the trees having been blown down in a hurricane 14 years before. For some years after, the settlers on this harbour were repeatedly plundered by rebel priva¬ teers ; but at last a party of soldiers was sent to prevent them, and a block¬ house was built on the high hill in Portland, and the place was named Fort Howe. The Indians also were incited into hostilities, by emissaries from the United States; and 6n one occasion, a body of them, in ninety canoes, set off down the river to plunder this place and burn Fort Hoive. They were met by Mr. White, the father of our excellent Sheriff, who was very popular with them, under the name of “ Wahbeet.” He succeeded in appeas¬ ing and turning them back; the relation of this meeting was given with much effect, and the cool courage of “ Wahbeet ” in facing, alone and unarmed, this body of angry savages, was glowingly depicted. But in 1783 the great event came upon the carpet. In May of that year, the first of that brave and loyal band which followed the meteor flag of England wherever it might lead, landed on the site of this City and cleared up the present Market Square. All that season they continued coming, and the following winter there were nearly 5000 persons in this place, who were imperfectly housed in log cabins. The disbanded soldiers of one Regiment got nearly all Union Street, and formed a continued line of log houses from York Point to the back shore. The City was divided into two settlements, the Upper and Lower Coves; but the bulk of the population, and the business establishments, w*ere in the Low er Cove. The carting between Upper and Lower Coves w r as done along the beach by Pettingell’s Yard, and round Reed’s Point. Where the new Custom House is building, this w T ay was said to be very bad. Dock Street w T as a narrow foot path along the edge of a rocky cliff, where people had to hold on by the roots of the trees, to avoid rolling down upon the beach. A w r eir w as put across from York Point to Portland Point, which caught an immense quantity of fish; and although the weir was scuttled, and an enormous quantity escaped, yet the inhabitants were unable to take care of what remained, and many of them spoiled. The way to Portland was across the flats from York Point, to where Harris & Allan’s Foundry stands, and three years elapsed before a bridge was put across. Although every exertion was made by Government to assist the new comers, yet many of them died the first winter from diseases induced and aggravated by want of sufficient shelter, and other 72 POLITICAL NOTES privations. The unflinching and devoted patriotism of these loyal subjects, who had abandoned every thing to maintain their allegiance to Britain, was strongly and energetically commented upon by the lecturer—who said we could scarcely admire sufficiently the indomitable perseverance and strong spirit of men, who for the first time braved the horrors of a bitter winter, in miserable hovels, in a dreary region, struggling with difficulties and pri¬ vations incalculably severe, surrounded by dismal swamps and endless forests, rather than yield one iota of their duty to their sovereign and their country! “ The first vessel built in this harbour was built in the Market Square, a brig of 160 tons. Salmon were sold then at ninepence each, being an advance of three half pence on the price when the loyalists first came. Mr. Perley exhbitied the first Custom House book of this Port, from October 1783 to November 1784, and it was viewed with great curiosity—truly it was a very great one, and afforded an immense contrast to the books of the present day at our Custom House, and marked very strongly the difference which less than three score years have made in our commerce and shipping. “ In November 1784, a commission to Thomas Carleton, Esq., appointing him Governor of the Province of New Brunswick, and defining its boundaries, was published at this place, then called Parr Town. Measures were imme¬ diately taken to escheat a number of very large grants, which had been made in this Province, by Nova Scotia; and as the Governor and Council did their duty fearlessly, most of them reverted to the Crown. “ In 1785 the Province was divided into Counties and Parishes, and in that year the City received its Charter, and the name of Saint John. The first House of Assembly met in the City in January 1786; and Mr. Perley con¬ cluded his highly interesting Lecture with the first speech of the first Gover¬ nor of New Brunswick, to the first House of Assembly, at their first Session. “ After the conclusion, Mr. P. extemporaneously added a few remarks upon the present flourishing condition of the Province—particularly this City, compared with what it was when the loyalists sought a home in the wilder¬ ness ; King Square, for instance, was, within the recollection of not only the “ oldest inhabitant,” but in the recollection of many who would take it amiss to be considered so, a dreary cedar-swamp; as uninviting, for useful pur¬ poses, as any spot in the centre of the wilderness. Now, he well and truly remarked, how changed! He reminded his hearers of the different prospect that presented itself on this very identical spot, on last Wednesday week, where country teams, burthened down with the fat of the land, were to be seen in such immense numbers, and the crowds of people about them so great, that it was almost impossible for a person to work his way through them. He also drew another contrast, equally, if not more peculiar; by adverting to a circumstance which excited the risibles of the audience, not a little. When the father of the present Messrs. Leavitt first set foot upon this soil, he became rather discouraged at its wild prospect, when Mr. White, who was rather more inured to a forest life, and acquainted with its priva¬ tions, thus consoled the adventurous pioneer“ Cheer up! cheer up! ships will come here from England yet!” and-added the Lecturer-^ have come . Tvhich dry observation, delivered with a peculiar naivette, * set the audience m a roar.’ ” 1844 AND OBSERVATIONS. 73 ( 1844 .) CHAPTER IY. Opening of Session of 1844— His Excellency's Speech — Recon¬ struction of Legislative Council—Exercise of the Prerogative in Canada by Sir Charles Metcalf—The Legislature of New Brunswick affirms the principle—Congratulates Sir Charles in a Joint Address of both Branches—Several parts of the Province do the same—The Legislature the next year tramples upon its own principles in the case of 3Tr. Reade’s appointment as Provincial Secretary—Explanation of the Canadian difficulty — fre. The Legislature was convened on the 1st of February. The Speech of the Lieutenant Governor at the opening, foresha¬ dowed nothing striking, even in reference to the questions that had been, agitating the public mind for so many years. After congratulating the Province upon the birth of another Princess (Princess Alice), Ilis Excellency referred to the revival of trade and commerce during the past year—alluded to the bountiful harvest, the great reward that had crowned the labours of the husbandman, in regard to his principal crops —advised the people of Hew Brunswick to give more time than they did to agricultural pursuits. He called upon the Legislature to encourage the fisheries by means of bounties, and encourage also the domestic manufactures of the Pro¬ vince. Ilis Excellency next alluded to the consolidation of the Revenue Departments,—also to a measure of the Legisla. ture in reference thereto, which had received Her Majesty’s approval during the recess. Finally, he called upon the 10 74 POLITICAL NOTES 1844 House to exercise the utmost economy in the distribution of the public moneys, and expressed a hope that the duties of the different offices would be discharged with efficiency, and that the public credit would be maintained. The business of the House for several weeks was of a routine desultory character. The Address in reply to His Excellency’s Speech was passed without a proposed amendment, and with very little discussion. On the 7th of February the copy of a despatch from the Colonial Secretary was laid before the House by Hon. Mr. Simonds, in which Lord Stanley takes exception to the Revenue Bill of the previous Session, as it favoured u differential duties” in many important particulars, which, as His Lordship remarks, is averse to the Imperial policy. "Were it not for the confusioii it would occasion he would certainly call upon Her Majesty not to ratify the measure; but in future the principle here enunciated must be strictly adhered to in the preparation of a Revenue Bill. On the 9th Mr. Fisher moved for an Address to His Excel¬ lency, for the purpose of ascertaining what despatches had been received from the Colonial Secretary with respect to the reconstruction of the Legislative Council. It will be as well to state here, that during the recess the Council had been re-organized—the following gentlemen having been appointed to seats therein, viz : Mr. Minchin, Mr. Crane, Capt. Owen, and Mr. T. II. Peters, of Miramieki, —in place of the following gentlemen who had retired : Hon. Thomas Baillie, (Surveyor General,) Hon. Mr. Lee, (Receiver General,) the Hon. Mr. Allanshaw, of St. Andrews, and the Hon. H. Peters, of Gagetown. The reconstruction was not considered at the time to be any great improvement, or to answer many of the objections raised in the Assembly to the character of the old Council. Capt. Owen was thought to be too advanced in years (over 70) to discharge the arduous duties of a legislator. In the Legislative Council the subject was discussed with some warmth. . u Hon. Mr. Botsford said, I rise to enquire upon what prin¬ ciples the late change has been made in the Council. I for one am exceedingly sorry to find several very valuable members who were present last year, absent, and I have not learned upon what grounds the change has been made. I consider the two branches of the Legislature should be separate and distinct bodies. I regret exceedingly the absence of such 1844 AXD OfeSEUVATlOSS. 75 valuable men ) if they have gone out voluntarily, then pro¬ bably no one is to blame, but I think it right I should be informed on the subject. I for one do not wish to remain in the Council unless I can hold an honorable position. I ask if the members of the Government present cannot give reasons at once, upon sound principles, why the changes have been made. I admit the Government has a right to make them when it thinks proper, but if changes are to be made in this body, at the mere nod of the other branch, I would rather be elected at once. If the late changes have not been made upon proper and sound principles, I shall feel bound to resign my seat. “ lion. Mr. Chandler said in answer to what had fallen from the lion, member who last spoke, he would inform him, that a despatch from the Colonial Secretary on the subject, would, at an early period, be laid before the House, and declined saying anything further at present, as he considered it would be rather premature.” On the 13th February the Hon. Mr. Simonds laid before the House the despatch in question, dated 11th July, 1843,— the following extracts from which will explain all the points raised and answered. His Lordship says: “ The House of Assembly insist that the Legislative Council of New Brunswick ought to be composed of persons connected with all the great Religious Denominations, and with all the more considerable social interests of the Province;—that they should be men of independent property, and of unimpeached personal reputation ; that any Member becoming bankrupt or insolvent, or a public defaulter, should immediately vacate his Seat;—that some period should be prescribed, beyond which, no Legislative Councillor should be permitted to absent him¬ self from his duties without incurring a similar forfeiture;— that of the whole Body, a decided majority should be persons exempt alike from any direct influence of the Executive Government, and from any dependence on the popular branch of the local Legislature;—and that the entire number of Legislative Councillors holding office at the pleasure of the Crown, should never be greater than might be necessary for the conduct of the business of the Government in that House. “ From this Address, and from your own Despatch trans¬ mitting it, it would appear that there is little conformity between these principles and the existing composition of the Legislative Council of New Brunswick. It is maintained in the Address, and it appears to be virtually acknowledged by yourself, that of the present Members, an unduly large pro¬ portion are holders of offices at the pleasure of the Crown ;— that such official persons constitute a majority of the Members usually present at the meetings of the Legislative Council;— 76 POLITICAL NOTES 1844 and that there are some considerable Religious Denominations and social interests in the Province with which no Member of that Body has any immediate connexion. The absence of any provision for vacating the Seats of Members in the various cases already mentioned, is a fact which demands no proof. “ Under these circumstances, Her Majesty’s Government have humbly submitted to the Queen their opinion that it would be proper to revise the Instruments by which the Legislative Council of I7ew Brunswick is constituted. We have recommended that on that revision the number of Legis¬ lative Councillors should be increased to twenty one;—that of that number seven only should be persons holding office at the pleasure of the Crown, and that the Quorum should be fixed at eight. We have further advised Her Majesty that provision should be made for vacating the Seats of Members either in the case of Bankruptcy or Insolvency, or in any case where a Member should be a defaulter, or should be con¬ victed of any of the crimes, which in the technical sense of the word are distinguished as infamous. To these Rules we have proposed that another should be added, for rendering void the seat of any Member absenting himself, whether with or without leave, after the lapse of a certain prescribed period. “ Thus far it has appeared to us that no practical difficulty would arise in giving effect to the views of the Assembly; but it may not be equally easy to adopt their suggestions as to the qualifications they desire that every unofficial Member of the Legislative Council should possess. To find fourteen gentlemen all at once able and willing to serve in that House, all independent in their fortunes, and all so connected with the Social and Christian Denominations of the inhabitants, as that no such interest or denomination shall be without some one Patron or Representative there, is a problem of which it may not be possible to discover any perfect solution. The utmost that can be promised or attempted is, that in the selection of Members, these recommendations will be borne m mind, and will be acted upon as far as may be found practicable. J xuc xxuuat; ui ^ssemmy xurtner recommend that no Councillor should hold his Seat except so long as he may possess a certain Proprietary Qualification. To this recom¬ mendation the Queen has not been advised to accede. Her Majesty s Government have not thought it right that the selecting Legislative Councillors, should he fi i l 6 ’ J® ™ rrowed h Y ^ch a restriction, or the nrS a pre , c . eden * ^ould be established in opposition to dur T g the last two centuries, has uni- possessions of cLai BHtehf Wld<% extended Colo “ al “ Such being the advice which the Ministers of the Crown 1844 AND OBSERVATIONS. 77 liavc tendered to the Queen, I have received Her Majesty’s commands to instruct you to signify to the House of Assem¬ bly of NewBrunswiek, that Her Majesty has been graciously pleased to approve and to adopt our recommendations; and that the necessary instruments for carrying them into effect, will be transmitted to you before the next Session of the General Assembly of the Province.” On the 10th Mr. Allen (Colonel) moved that a Committee be appointed, consisting of seven members, to prepare an Address to Sir Charles Metcalf, Governor General, expressive of the high sense entertained by the Representatives of the People of New Brunswick, for the Constitutional stand taken by His Excellency, in maintaining the Prerogative of the Crown in the recent memorable conflict with His Excellency’s late advisers. The resolution was sustained, and the Committee appointed consisted of Messrs. Allen, Partelow, Street, (J. A.), End, Brown, Barberie, Earle.* A hot discussion followed. Mr. L. A. Wilmot and Mr. Fisher defended the late advisers of the Governor General, and pronounced the conduct of His Excellency unauthorized by the new principles of Govern¬ ment. Unless from these two gentlemen, the motion met with scarcely any opposition. On the 22nd February the Committee submitted a draft of the Address to be presented, which was agreed to—although the names on the division do not appear in the Journals; and as it refers to principles of the most vital importance in connection with the introduction of Responsible Government, it is copied with the hope that every sentence of it may be read and duly weighed, in order that the reader shall be pre¬ pared for an inversion by the same Legislative body, of those very principles, in precisely a parallel case, that occurred in New Brunswick in less than a year afterwards, viz : in the appointment of Mr. Reade to the office of Provincial Secretary, by the Lieutenant Governor—the circumstances of which will be explained hereafter. “ The Humble Address of the House of Assembly of New Brunswick. “ May it please Your Excellency,— “ We, the Representatives of the People of New Brunswick, in Parliament assembled, deem it a duty we owe alike to Your * With the exception perhaps of Mr. Brown, the whole cast of this Com¬ mittee was strictly Conservative. 78 POLITICAL NOTES 1844 Excellency, and the loyal constituency of this Province, to express our high admiration of the Constitutional principles promulgated by Your Excellency in the recent memorable conflict with Your Excellency's late advisers. “ If this had occurred in a Colony unconnected with British North America, we might have abstained from a declaration of our sentiments; but considering ourselves as a portion of Your Excellency’s Government, we cannot refrain from offer¬ ing an assurance of our firm determination to uphold Your Excellency in maintaining the Prerogatives of the Crown, invaded, as we conceived them to have been, by the extra¬ ordinary claims of your late Council. “ We appreciate too highly the inestimable blessings we enjoy under our benign Government, where the rights and privileges of all are well known and defined, to disregard any attempt at infringement, whether it be aimed at the Crown or the People; and we therefore hesitate not to express our firm belief, that if the extravagant demands made upon Your Excellency had been granted, Monarchical Institutions on this Continent must soon have ceased to exist. “ We indulge the confident expectation, that the noble stand Your Excellency has taken, will meet the approbation of our Most Gracious and Beloved Queen, and that the loval People of British North America will be found ever ready to rally round Her Majesty’s Representative, in maintaining pi mciples so conducive to the happiness of the subject, and the safety, honor and dignity of the Crown.” The City and County of Saint John were equally zealous in meddling with a matter for which there was no necessity— for the adoption of a course considered by every Reformer at the time, to be both impolitic and out of place. An Address, in terms no less fulsome than those of the House of Assembly, was drawn up and signed by the members of the Grand Jury of the County of Saint John; and another Address, of a like purport, was laid before the Common Council, and adopted. An Address (signed by 1000 persons) was sent from the County of York, from which one passage is here copied, as an amusing instance of the crude ideas that were entertained at that day with respect to Responsible Government_“ We “ If ve witnessed with great interest the proceedings of the „ Re Prcsentatives of the People of Hew Brunswick, now u aSSG f bled “ Provincial Parliament, on this momentous „ qUe f. tlOU ’ and we c °rdially respond to the loyal and patriotic « embodied in this Address to Your Excellency of the 27th February, instant, feeling as we do, to use their 1844 AND OBSERVATIONS. 79 “ own emphatic language, that such a surrender of the Royal “ Prerogative as that sought for , would lead to the destruction of “ monarchical institutions on this Continent” The italics are made by the writer, on account of the amuse¬ ment which the fear expressed affords. It is necessary here to explain the cause that led to the difficulty between the Governor General and his Council, in order that a correct judgment may be formed of the whole affair. This explanation is also due in a Constitutional sense. Now that the principles contended for by the advisers of the then Governor General, are recognized as part of those funda¬ mentally belonging to Responsible Government, there is no difficulty in pronouncing the conduct of His Excellency, as well as that of our House of Assembly for applauding it, as the result of obtuseness, or a misunderstanding of his duty. Ilis Excellency had no right to stand aloof from his Council, when they were answerable to the people for his actions. Ilis Excellency’s interpretation of what he conceived to be the relative rights of himself and his Council, will be seen in a page or two over—an interpretation proved by time and experience to be both dogmatical and unsound. Mr. Lafontaine, (Prime Minister,) in his declaration to the Canadian Assembly, said that he and his colleagues had avowedly taken office upon the principle of responsibility to the representatives of the people in Parliament, and with a full recognition on their parts of the following resolution which had been introduced into the Legislative Assembly on the 3rd September, 1843, with the knowledge and sanction of Her Majesty’s Representative in Canada, and was to the following effect:— “ That the head of the Executive Government of the Pro¬ vince, being within the limits of his Government the Repre¬ sentative of the Sovereign, is responsible to the Imperial authority alone, but that, nevertheless, the management of our local affairs can only be conducted by him, by and with the assistance, counsel and information of subordinate officers in the Province ; and, that in order to preserve between the different branches of the Provincial Parliament that harmony which is essential to the peace, welfare, and good government of the Province, the chief advisers of the Representative of the Sovereign, constituting a Provincial Administration under him, ought to be men possessed of the confidence of the Repre¬ sentatives of the people, thus affording a guarantee that the 80 POLITICAL NOTES 1844 well understood wishes and interests of the people, which our gracious Sovereign has declared shall be the rule ot the Provincial Government, will on all occasions be faithfully represented and advocated.” His advisers had lately understood that His Excellency had taken a widely different view of the position, duties, and responsibilities of the Executive Council, from that under which they accepted office, and through which they had been enabled to conduct the Parliamentary business of the Govern¬ ment, sustained by a large majority of the popular branch of the Legislature. Had the difference of opinion (they said) between His Excellency and themselves, and, as they had reason to believe, between His Excellency and the Parliament and people of Canada generally, been merely theoretical, the members of the late Executive Council might, and would, have felt it to he their duty to avoid any possibility of collision which might have a tendency to disturb the tranquil and amicable relations which apparently subsisted between the Executive Government and the Provincial Parliament. But that difference of opinion had led not merely to appointments to office against their advice, but to appointments and pro¬ posals to make appointments, of which they were not informed in any manner, until all opportunity of offering advice respect¬ ing them had passed by, and to a determination on the part of His Excellency to reserve for the expression of Her Majesty’s pleasure thereon, a Bill introduced into the Provincial Par¬ liament, with His Excellency’s knowledge and consent, as a Government measure, without an opportunity being given to the members of the Executive Council to state the probability of such a reservation. They therefore felt themselves in the anomalous position of being, according to their own avowals and solemn public pledges, responsible for all the acts of the Executive Government to Parliament; and at the same time not only without the opportunity of offering advice inspect¬ ing these Acts, but without the knowledge of their existence, until informed of them from private and unofficial sources. This is the pith and marrow of the whole difficulty—although a detailed explanation would occupy half dozen pages more. In Jus reply the Governor General observes “ On Friday Mr. Lafontaine and Mr. Baldwin came to the and .X“„rSr e> aftcr , “ me °* h "' oftatoi"! and some pieliminary remarks as to the cause of their pro- 1844 AND OBSERVATIONS. 81 ceeding, demanded of the Governor General that he should agree to make no appointment, and no offer of an appoint¬ ment, without previously taking the advice of the Council; that the lists of candidates should in every instance be laid before the Council; that they should recommend any others at discretion, and that the Governor General, in deciding after taking their advice, should not make any appointment pre- judical to their influence. In other words, that the patronage of the Crown should be surrendered to the Council, for the purchase of Parliamentary support; for, if the demand did not mean that, it meant nothing, as it cannot be imagined that the mere form of taking advice without regarding it was the process contemplated. “ The Governor General replied that he would not make any such stipulation, and could not degrade the character of his office, nor violate his duty, by such a surrender of the Prerogative of the Crown. “ He appealed to the number of appointments made by him on the recommendation of the Council, or the members of it in their departmental capacity, and to instances in which he had abstained from conferring appointments on their opponents, as furnishing proofs of the great consideration which he had evinced towards the Council in the distribution of the patronage of the Crown. “ He at the same time objected, as he always had done, to the exclusive distribution of patronage with party views, and maintained that office ought, in every instance, to be given to the man best qualified to render efficient service to the State ; and where there was no such pre-eminence, he asserted his right to exercise his discretion. “ He understood from Messrs. Lafontaine and Baldwin, that their continuance in office depended on his final decision with regard to their demand; and it was agreed that at the Council to be assembled next day, that subject should be fully discussed. “ He accordingly met the Council on Saturday, convinced that they would resign, as he could not recede from the resolu¬ tion which he had formed, and the same subject became the principal topic of discussion. “ Three or more distinct propositions were made to him, over and over again, sometimes in different terms, but always aiming at the same purpose, which, in his opinion, if accom¬ plished, would have been a virtual surrender into the hands of the Council of the Prerogative of the Crown; and on his uniformly replying to those propositions in the negative, his refusal was each time followed by “ then we must resign,’* or words to that purport, from one or more of the Council. “ After the discussion of this question at so much length, being, as he has hitherto conceived, the one on which the 11 82 POLITICAL XOTES 1844 resignation of the Council rested, he is astonished at finding that it is now ascribed to an alleged difference of opinion on the Theory of Responsible Government/’ At a subsequent date, in replying to an Address presented to him by u the Warden and Councillors of the Ottawa Dis- trict,” His Excellency said— u But supposing the Executive Council to be supreme and u the Governor to be merely an instrument for putting the u sign manual to their dictations—which is the sort of Con- u stitution aimed at by a party—the authority of the Crown “ would then be a nullity. The Council would usurp all the “ Executive authority—all the prerogative of the distribution “ of patronage. The Executive Council would nominate the Legist u lative Council , and would wield all the powers of the House of “ Assembly, whether they were the leaders or the servants of 61 that body.. All the power and functions of the Government “ would be monopolized by the Executive Council, or the “ House of Assembly, as the ease might be. In such a Consti- u tution where would be the Crown ? Where the supremacy “ of the Mother Country V r The “ prerogative” seems to have been the idea uppermost in His Excellency’s mind at that time ; and that the respom sibility of appointing improper men to office devolved chiefly upon him. It is needless to say that at the present day under party government, His Excellency’s views if carried out by a Governor General, would continually clash with those of his advisers. Since the full establishment of Responsible Gov- vernment in Canada,, the prerogative in the hands of the Gov¬ ernor General has rarely r if ever, been exercised in opposition to the wishes of his advisers. The principles of Sir Charles have been completely reversed in practice. Party govern¬ ment, as now understood, cannot well be conducted without party influences, a principle not disputed; and if Lord Monck were to act upon the rule laid down by his predecessor of 1843 if he undertook to exercise the prerogative by appoint¬ ing, on his own responsibility, gentlemen to the Legislative Council, or to any other important position, whose antecedents were unfavourable to those of the dominant party, there would inevitably be collisions, —a revival of the bitter feuds and animosities of former days,—when, if Governors and their advisers quarrelled, it was seldom to the advantage of the latter; 1844 AND OBSERVATIONS. —tlie Governor being all-powerful, and fully endowed with Colonial-Office authority, could affiord to exercise a wayward control, or autocratically bear down all opposition. If he brought himself in antagonism with a misgoverned people, he fought his own battles, (like Sir Francis Bond Head,) and gflayed his enemies, politically, regardless of his Council, or of public opinion. If a timid or irresolute man, he was not long in the Colony before he became ensnared in the meshes of crafty politicians, and was used, or abused, as it suited their purposes. There is no opportunity for any thing like this now. The position of a Governor General, or a Lieutenant Governor, is one of more dignity and respect. Like the Queen he is supposed to stand high above party—not required to intermeddle any more with party differences, whether at the Hustings, in Parliament, in the Newspapers, or in his Cabinet. He knows, or should know, that the responsibility of all his acts, is with his advisers. He is therefore no longer amenable to censure by the Press—nor liable to condemnation for a violation of principles. Public opinion is now opposed to abuse being directed towards an irresponsible party— although it is not objected that His Excellency’s advisers shall be held strictly accountable for every mistake, or the smallest indifference to the public interests. And yet the Governor has the prerogative in his keeping now, as of old; and can (if determined to set up his opinion in opposition to that of his advisers) exercise it, as was the case in the Liquor Law difficulty, contrary to the wishes of his Council—for there is nothing written to prevent it—and it may be that this is sometimes done in minor matters of which the public know nothing. But if a great question has been discussed in both branches of the Legislature, and the voice of the country is decidedly in its favour, it is not presumed that the Queen’s Representative in a Responsible Government Colony, would now exercise his veto privilege, and risk a collision; for the very act of such interference would render him a party man, as favouring one side to the prejudice of the other. In some cases the principle of non-interference has been so rigidly adhered to by the Queen’s Representative, that in a neighbouring Province a wholesale slaughter of officials had been going on for a couple of years, without His Excellency’s arm being once uplifted for the protection of “ the innocents.” 84 POLITICAL NOTES 1844 In this way has the vindictiveness of party been carried on without restraint, or even expostulation, by the head of the Government. Whether in such cases Executive interference would be judicious or not, the writer does not express an opinion. In all matters Imperial the question of responsibility is changed. The Queen’s Representative alone is the guardian of the Queen’s honour, and the defender of her rights, whenever or wherever threatened, whether by the local autho¬ rities, or from without by foreign aggression. If an invasion of the country were attempted, the Lieutenant Governor has the individual authority to take steps to meet the dan¬ ger, or in case of revolt, to adopt summary measures for its suppression; or if the Legislature passed an Act calculated to contravene an Imperial Statute, Ilis Excellency withholds his assent, whatever may be the views of his Council, until he has conferred with the Home Government. The line, however, has been so distinctly marked of late years, that danger of a trespass upon the prerogative is no longer to be apprehended. ( 1841 .) APPENDIX TO CHAPTER IV. Presentation of a Service of Plate to Sir John Ilamey. On the 23rd March, 1841, a Committee from the House, and also one from the Legislative Council, waited on Sir John Harvey at Government House, to present him with an Address, expressive of the feelings of the Legislature, on account of his recall; and also to offer a testimonial of regard which was voted by the House, in acknowledgment of his services during his adminis¬ tration ; to which His Excellency returned the following answer nr^pnT L ^f c N i7 C ^ e i ered p n i d sustained b y this Address, I shall be enabled to Eaccmin^nf t0 my Soverei S n > and to render such an a l may satlsf y Her Majesty’s maternal heart, jecte in New U^rwiPb\ f0r the f happir ; ess and prosperity of Her loyal sub- With regard to the munificent testimonial of your kind feelings towards AND OBSERVATIONS. 85 me, I can only say, that I am proud and happy in receiving it,—subject nevertheless to Her Majesty’s approbation—as the memorial of a degree of Legislative harmony, which may have been equalled, but which can never have been exceeded. For myself I feel that it is unnecessary for me to say more,—I am known to you, as you are to me,—and our sentiments of mutual esteem and good will cannot change; but for my family—for my children—and my children’s children, I take upon myself to assure you, that my (and consequently their) connection with this noble Province, which the splendid memorial now pre¬ sented to me is intended to commemorate, will be affectionately cherished in their grateful recollections, when the actors in the present scenes shall have passed away. Government House, March 23, 1841. A contrast to the above. [In 1820 the House of Assembly of Nova Scotia passed a resolution to pro¬ vide £1000 for the purchase of a Sword and Star, to be presented to the Lieutenant Governor (Earl of Dalhousie) on his elevation to the Governor Generalship of British North America. Instead of accepting this testimonial His Lordship read the “ faithful Commons” a severe lecture, for their neglect of sundry duties, which he pointed out, during the Session then just closed.] Mr. Robert Shives [now Government Emigration Agent] started the Amaranth in Saint John—a monthly Magazine. Its typographical execu¬ tion was excellent; and it contained the contributions of some of our best Provincial writers. It was discontinued after a few years. Body of Napoleon. The Boston Advertiser contains the following:—“ The ship Calumet, Capt. Shreve, which arrived at this Port yesterday from Canton, left Saint Helena, October 21. On the 18th the ceremony of exhumation of the remains of Napoleon took place with great parade. The body, which on his death was embalmed by French chemists, was found in a state of complete preservation, the features being preserved. It will be remembered that Napoleon died May 5, 1821. The body was conveyed on board the Belle Poule, which, with the Favourite, sailed for France on the 19th. These ships sailed from France July 7, and arrived at Saint Helena October 8. Mr. Russel the celebrated English Vocalist arrived in Saint John in December, and gave a series of Concerts at the Saint John Hotel, which were numerously and fashionably attended. Agreeably to a General Order, dated Fredericton, 20th January 1841, the Staff and Department Officers in this Province and Nova Scotia, are to wear crape on their left arms for a period of ten days, in token of respect for the memory of Lieut. Colonel Snodgrass, late Deputy Quartermaster and Adjutant General. Crime and Police in Saint John in 1841. So insecure were life and property considered at this time, that a Petition to go before the Legislature, was drawn up by the Grand Jury of the County, which was most numerously signed by the citizens, in which it was set forth,— “ That the attention of the several Grand Juries for this City and County» 86 POLITICAL NOTES during the past year, has been called to the state of the Police, and the administration of justice in the City of Saint John, and various presentments and representations have been made on the subject—but the present Grand Jury, appalled at the daring outrages, the frequent nightly attacks, and the very great increase of crime of every description, in this City and its vicinity, felt themselves imperatively called upon, from the alarming aspect of affairs, to state matters in their true colors; and express the feelings of an indignant and outraged community upon the subject. They have presented the existing City Police establishments, coupled with its administration, as a nuisance* and all your Petitioners fully concur in that opinion, and unite in bringing their evils under the notice of your Honorable Body, and praying for an immediate remedy. “ The want of a respectable Police establishment in this City, and the careless manner in which the laws are attempted to be enforced, the few prosecutions for offences, and the yet fewer punishments which have followed, have for some time amounted to almost perfect immunity for crime. The City of Saint John and the adjoining Parish of Portland have thus become the resort of great numbers of desperate and abandoned characters, who have fled from the terrors of the law in other places, but who here pursue their career of crime with safety and. impunity. Thus aggravated assaults, desperate riots, and extensive robberies, are becoming not unfrequent occur¬ rences, while but few offenders are brought to punishment. Numerous cases of child-murder have come within the cognizance of the Coroner of late, but not a single detection or prosecution has followed, solely from the want of an efficient Police under active Magistrates, who would ferret out and secure the guilty parties. “ Your Petitioners are fully impressed with the belief that if this state of things is allowed much longer to exist, the safety and welfare of this com¬ munity will be at end. Already the propriety of carrying deadly weapons is gravely discussed, as the only remaining protection against the street attacks, which are becoming so frequent, from the numbers of profligate characters oi both sexes, who are allowed to infest the streets and highways, both by day and night.” J J The remedy proposed in the petition was the establishment of an efficient Police force, with a Stipendiary Magistrate. It was not until some years after this that a change for the better was effected. The Aldermen of the respective Wards being disinclined to alter the old system, the Common Council sent up a petition in opposition to that of the Grand Jury. The Saint John Sacred Music Society (S. K. Foster, Esq., President,) was in full vigour at this time, possessing musical talents of a high order. The Concerts w T ere exceedingly popular—the audiences large and highly respect¬ able. There has never been such a talented organization since; and it is a great pity that the Society has not been continued to the present day. The Concerts were held on the old National School premises, north side of King Square. This Society donated the Mechanics’ Institute £10. xx uunuus provision " jor the Table I In the introduction to this work reference is made to the days of Political Harmony, during the latter part of Sir John Harvey’s Administration. As the matter contained in the body of the work does not commence until 1842, U “ der . tWs A PP“dix head, that in 1840 it appears that £500 r t n r t0 LlCUtenant G ° v e™°r’s salary was voted by the House- ence tolh sTn^th t° f ° r ratificatIo “’ and despatches in refer- TOe tolioww ,n f Je ? Wer ° Iaid before the H o us e in January, 1841. i%«Maei-the to most 1 c e - enCe ° ^ Governor ’ is taken from the Fredericton the most curious part of it is that italicised he despatch authorizing the acceptance of the vote of £500 to the AND OBSERVATIONS. 87 Lieutenant Governor for Table Money , contains the expression of a hope, that as the Legislature must be satisfied with the inadequacy of His Excel¬ lency's former salary, the same allowance will be continued to his successor/' Alms House. A Bill for the erection of an Alms House for Saint John [the building now standing] passed the House of Assembly 15th February. At the annual meeting of the Stockholders of the New Brunswick Fire Insurance Company , held on Monday the 1st instant, the following gen¬ tlemen were elected Directors of that Institution for the current year:— Messrs. Dr. John Boyd, John Hammond, It. F. Hazen, Wm. Jarvis, John Kinnear, A. S. Perkins, It. M. Jarvis, G. T. Ray, N. Merritt, Mark Dole, Robert Keltic, D. J. McLaughlin, Henry Chubb. And at a meeting of the Directors, held subsequently, Dr. Boyd was re-elected President. All since dead but three. On the 27th March, there were on the stocks at Carleton, Straight Shore, Portland, and Back Shore, 28 vessels in the course of construction. Fire and Loss of Life. A fire broke out in Prince William Street (Saint John) on Saint Patrick's eve, in a rear building, situate between Church and Princess Streets, by which eight buildings were destroyed and four lives lost. Among the deaths was that of Mr. Matthew Holdsworth, of the Firm of Holdsworth & Daniel, who occupied the stone store of Mr. John Walker, immediately opposite the scene of conflagration, and which was connectedwith Mr. Walker's brick store fronting on Water Street. In proceeding to examine the scuttle on the roof, Mr. H. accidentally stepped into the hatchway in the third story of Mr. Walker’s store, and fell to the ground floor, through the other hatchways, a distance of about thirty feet, by which he was so severely bruised, that he survived the fall only a few minutes. Mr. Holdsworth was much respected in the community, and his sudden death was very generally lamented. The Hon. Neville Parker made a donation of ten pounds to the Mechanics’ Institute of Saint John. Highly spoken of at the time. 88 POLITICAL NOTES 1844 CHAPTER V. A miscalculation as to consequences—The result thereof—Mr, Hill’s Resolutions—The Conservative power still firm—Petitions in favour of High Protection—The Provincial Association- Officers elected in St. John—Report of Committee in favour of Bounties—Statistics in regard to the Fisheries—Libel by Doak & Hill—“ Breach of Privilege”—Action of Judge Carter, in opposition to the House—Report of the Privilege Committee— The House fails to maintain its supposed rights—Doak Hill afterwards sues the Speaker , and recover heavy damages — Erection of New Brunswick into a distinct Bishoprick — Discus¬ sion with respect to the Endowment Fund of £25,000. It will be conceded, it is believed, from the foregoing explanation of facts, that the action of our Legislature, and of other public bodies, in reference to the stand taken by Sir Charles Metcalf in 1843, as shewn by the light of a more advanced age, was ill-advised, and not compatible with the dictates of prudence. But by pursuing this favour¬ able course towards the Governor General, our Conservatives \v ei e unwittingly baiting a trap by which they were afterwards ensnared themselves. The principles enunciated by His Ex¬ cellency in his reference to the disruption, and in his address to the men of Gore,’ had to be accepted not in part but as a w ole, by the House of Assembly—for it was upon the abstract ground of His Excellency’s sole right to exercise the prero¬ gative that the congratulatory address was conceived. In n& leply His Excellency made liberal concessions to the popu ar will, such as had up to that time been strenuously opposed by a majority of our Assembly. Among these con- cessions was the principle that the Government should hold , 011 ^ 80 lon o as they could command the support of the House; failing in this, it became a Constitutional neces- 1844 AND OBSERVATIONS. 89 sity that they should resign, and allow a new Government to be formed. While the New Brunswick Reformers were un¬ willing to accept the Governor General’s definition of the prerogative, they were glad to find enough of their principles admitted to justify the belief that all that had ever been con¬ tended for, would in due time be fully obtained. For the present therefore it would be well to have fastened upon the House whatever the Governor General conceded, as a recog¬ nition by the majority, that Responsible Government, after all, had something in it to recommend it. The result of this endeavour on the part of the Reformers, was a sort of compro¬ mise between the contending parties—a result brought about by fortuitous circumstances,—by an accident on the one side and a blunder on the other. Accordingly, on the 21st Feb¬ ruary, Mr. Hill submitted the following resolution :— “ Resolved , That this House view with much satisfaction the recognition and exposition by His Excellency the Gov¬ ernor General, of the recently established system of Colonial Responsible Government, as contained in His Excellency’s late reply to the Address of the Warden and Councillors of the Gore District in Canada West.” This piece of strategy on the part of Mr. Hill led to the committal of nearly the whole House to the leading principles of reform. A correspondent addressing the writer, under date Fredericton, February 26, thus remarked upon the pro¬ ceeding : “ Each party seems to claim a sort of triumph. The “ movers of the address in having carried it, and its opposers “ in having carried the principle of Responsible Government, “ through Mr. Hill’s resolution, which passed immediately “ after the passing of the address. The scene on the latter “ occasion was rather amusing; you will recollect that the “ resolution is founded on the “ principle,” as recognized by “ the Governor General in his answer to the address from “ Gore. This last document is highly satisfactory to the “ liberals, and hence their satisfaction ; five of the ultras who “ did not understand that the resolution was an approval of the “ Governor General’s own admissions, voted against it, and “ brought themselves into the serious predicament of approv- “ ing and opposing His Excellency in the same breath. They “ wished to withdraw their votes next morning; one of them “ assigning as a cause that he had not heard the resolution “ distinctly, but that in voting he had watched his friends and 12 90 POLITICAL NOTES 1844 “ got on his legs along with them. They wished to expunge “ their vote from the Journals, hut the others would not per- “ mit them. They were, however, allowed to come over in a “ private w r ay. ,r [Further reference will he made to this subject in future pages, when the action of the House against Doak & Hill for libel, comes to be noticed.] But after all, the game was still in the hands of the Govern¬ ment, and they could play their cards at pleasure for years longer, without fear of disturbance, no matter to what they had assented, or how unpopular they might become with the majority of the Assembly. Their mere assent they knew did not fix them to any particular line of conduct. They were still the same in principles—still opposed in heart to any refor¬ mation calculated to interfere with their possession of place and power.* Petitions now poured into the House from all quarters, praying that protective duties might be levied upon the importa¬ tion of such articles as could be manufactured in the Province. The hatter, the tanner, the shoemaker, the iron-founder, the farmer, all had their grievances, and it was required that the tariff should be shaped to protect these and all other interests which foreign competition had most seriously injured. In those days of tariff restrictions there was an Imperial duty ot 30 per cent, on most foreign importations, besides the Colonial duty, in some cases amounting to 7J and 10 per cent, collected under the same Customs 7 root; which, taken altogether, was consi¬ dered by the free trade school to be quite protection enough— whilst the protectionists, on the other hand, considered that the soul and body of the operative could only be held to¬ gether by interdicting every thing coming into the Province which could be made in it. In answer to the remarks of an hon. gentleman, who wished to have the Provincial duty advanced from * J to 10 per cent. on. boots and shoes, (the In Nova Scotia (the two parties being pretty evenly balanced, the Con¬ servatives baying a majority of two) a resolution was offered by lion. Mr. Howe, committing the House to so much of Sir Charles Metcalf’s answer to the ‘men of Gore, as lavoured their views in the abstract of Responsible Gov- every ervatrve not being in his place, the resolution was nil 7 hi« f G r majority ; N , ext the Attorney General of Nova Scotia mustered moved for a reconsideration of the whole 2 e A n ?h P i™i ^ aVi ^i the resolution 80 amended as to have S mere extract Hom t T^ ^ USWCr ° f the . Govenior General, and not a mere extract trom it. The motion was sustained, and the decision of the previous day was accordingly reversed. aecision oi tne 1844 AND OBSERVATIONS. 91 Imperial duty being already 30 per cent.) Mr. Hill, member for Charlotte, said that good boots and shoes could be im¬ ported into this Province from the United States, and sold for three dollars or three and a half dollars a pair, while the price of boots manufactured in the Province was from six to seven dollars. The stock used in American boots and shoes was as good as that used in this Province, and he did not see why the shoemakers here could not compete with the foreigner; bark was scarce in the United States, whereas it was plenty in this country. There they had no hemlock bark—except in one or two of the Northern States—and oak timber was so valuable that they did not like to strip it for the bark alone. lie thought the protection afforded by the Im¬ perial tariff was sufficient. This Province, he said, ought to follow the example of the Parent State, but while the Imperial Government was taking duties oft', this House seemed intent •on putting duties on. A great anxiety (said Mr. Hill) was manifested by hon. members to copy Great Britain in other things, but why not copy her in this? We copy her vices and reject her virtues—like savages when they come in con¬ tact with civilization. It seemed to be a fixed determination of the House to raise a large revenue this year [1844], A few years ago when the casual and territorial revenue was placed in the hands of the Legislature, (said Mr. Hill,) a large sum which had accumulated fell into their possession, but what was done with it? It was all gone, and very little to show for it, the greater part having been squandered away. After suffering greatly in consequence, the moment trade was beginning to revive, and there was a probability that they could, by proper management, get out of their difficulty, the same spirit was manifested, and he could perceive the same deep game was about to be played over again. The gist of the whole debate in opposition to a high protective tariff, is contained in the above remarks. But the arguments of the protectionists in favour of their hobby, were most captivating with the working people, whose im¬ pression was that they alone were to suffer or be benefited by legislative interference. Besides this, the protectionists in the House were influentially supported in their views by the Conservatives—for, in those days Conservatism and “ high protection ” went hand in hand, while the principles 92 POLITICAL NOTES 1844 of free trade and radicalism were accounted as one and indivisible. Again, high duties had a charm to those who had the spending of the revenues, inasmuch as they were productive of more means for doing good, or evil, as the case may seem. Perhaps at no former period had there been more out-door protective pressure brought to bear upon the Legis¬ lature than during this Session. It was not only every man “ who had an axe to grind, 55 but he who dealt in hides, in the manufacture of boots, of hats, of boilers, of chairs, of agricul¬ tural implements, &c. &c., felt that he could not breathe freely unless the principles of the Association with which he had recently connected himself, were fully recognized and acted upon by the Provincial Legislature. The Association, just referred to, was organized in Saint John at the beginning of the year 1844, and was called “ The Provincial Association”— the object or demand of which was Legislative protection to the Manufacturing and Agricultural interests of the country. It had branches in all parts of the Province; and its members comprised many persons of the first respectability and influence. Its meetings were held openly in Saint John at the Mechanics 5 Institute, attended by crowded audiences, and addressed by some of the best speakers of the day. The newspapers teemed with reports of the speeches, more so than if those speeches had been delivered in the Provincial Parliament; and papers outside of the Province made lengthy extracts from them. The follow- ing passage from one of these speeches will convey an idea of the arguments employed in reference to the farmer, and which may not be inapplicable to his case at the present day:— 1 eople talk of this not being an agricultural country— why, Mr. 1 resident, the fault is not in the country, it is in the people ! They talk of the climate not beinp* calculated tn r>rn- ^ , v*a.v, viuuatc; j.xuw is ii, mat even in this Province, 1844 AND OBSERVATIONS. 93 one man can raise an abundance of wheat, and another man none at all ? IIow is it that on one side of the fence we behold a beautifully cultivated farm, and on the other, the land like a barren waste, (no difference of climate here!)— How happens all this, Mr. President ? Simply because one man cultivates his farm, while his immediate neighbour neglects that important duty! There is the secret of it! Let the lazy man jump over the fence, change positions, and that will change the climate .” The following is a list of the first officers of the Provincial Association elected in St. John on the 18th January :— President —John Owens, Esq. Vice-Presidents —Mr. Robt. Robertson, Mr. R. D. Wilmot. Secretary —M. H. Perley, Esq. Treasurer —Mr. Thomas Gilbert, Jr. Committee. —Walker Tisdale, Farmer; Edward L. Jarvis, Merchant; Robt. Keltie,Brewer; Wm. A. Robertson,Tailor; Thomas Allan, Founder; Wm. W. Emslie, Cordwainer; Barzilla Ansley, Tanner; Andrew Scott, Tallow Chandler; Jacob Myers, Pail Maker; Joseph Lawrence, Cabinet Maker; John J. Munro, Carpenter; John M‘Lardy, Baker; John Kinney, Fisherman; Wm. F. Smith, Mason; John Gillies, Farmer; John R. Marshall, Blacksmith; Robertson Bayard, Barrister; John B. Gaynor, Blockmaker; James Dunn, Farmer; Chas. Adams, Shipwright; John Berryman, Baker; James Moran, Farmer; Thomas Trafton, Farmer; Michael Thompson, Painter; Wm. O. Smith, Druggist; John W. M‘Leod, Flour Dealer. The principal object in publishing this list is to give the reader an idea of the material of which the organization was composed, embracing on the Committee in some instances apparently diverse representative interests—for the lawyers and the druggists certainly could have had no direct sym¬ pathy with the boot-maker and the tanner, on the ground of political economy—of selling in the dearest markets and purchasing in the cheapest. But the presumption is that all alike—those who had interests to be subserved as well as those who had not—were actuated by a single motive, viz : the advancement of the country through the agency of the Legis¬ lature, by the imposition of restrictive duties. However lively the free trade spirit of the present day, which is essentially British, it will be conceded that the Provincial Association was at that time a most formidable power, as regarded num¬ bers and influential members, and well calculated to have a 94 POLITICAL NOTES 1844 beneficial or withering influence upon the action of the Legis¬ lature. And just so it turned out. During the discussion of the tariff, which was continued for a week, the lobby of the House was filled with representative men from almost every branch of manufactures, in all parts of the Province, delegated by the different branch associations to convince hon. members behind the scenes that there was only one way by which the Province could be saved from impending Bankruptcy, and that was by building a partition between the operatives of this Province and those of the United States. The smuggler was thought to be dead ; or he could be watched after this Chinese wall had been erected. A correspondent writing from Fre¬ dericton, under date February 15, thus refers to the discor¬ dant sentiments entertained in the House:—“ The subject of “ protective duties has been discussed during the whole course “ of-the day, and judging from appearances there is little “ appearance of a union of sentiments on the subject; some “ are in favour of duties, which others maintain would amount “ to a prohibition—and those others in return seem to think “ that freedom is the whole life of trade—and that a high “ scale of duties would be ruinous. The former opinion finds “ ultra advocates in Messrs. Gilbert and End, and the “ latter is stoutly advocated by your own member, Hon. Mr. “ Simonds. I believe his honor the Speaker occupies about “ a central position. Mr. L. A. Wilmot spoke at consider- “ able length in favour of protection, and was followed by Mr. “ Brown who uses only the more moderate w r ord encourage - “ ment .” On the 2nd instant, the Committee on Fisheries reported that they had under consideration the Report of a Special Committee of the Provincial Association, recommending Bounties on vessels employed in the Cod and Scale Fisheries; also on the catch in open boats engaged in the shore Fisheries. The same Committee also recommended a Bounty on the catch of Mackerel and Herrings, per barrel, according to quality. They also earnestly recommended that, in order to carry out the system of Bounties effectually, and to raise the character of the Fish of New Brunswick in Foreign Ports, it would be absolutely necessary to frame a new in¬ spection department with a chief inspector. Mr. Payne of Saint John, delivered a lengthy and most 1844 AND OBSERVATIONS. 95 valuable speech in the course of the debate—the gist of which is here given, or rather the statistical facts, as they are in¬ teresting even at the present day. From 1816 to 1832, there was a law annually appropriating £3000 by way of bounties to the fisheries; about £1400 per annum was the average amount drawn under that law for the first eleven years. In 1824 the provisions of the Act were extended to Nova Scotia, but in 1833 the law authorizing bounties was suffered to expire. It had been urged that strangers obtained a part of this bounty; but corresponding advantages accrued to the revenue.— This Bill confined the bounties to vessels owned and regis¬ tered in the Province, with other provisions for obtaining the greatest possible amount of good from the liberality of the Legislature. There was a number of petitions before the House signed by practical fishermen, urging strongly their claims for protection and moderate encouragement; these were supported by petitions from merchants, traders, and others, and also a petition from the Provincial Association, with a Report from the Committee on Fisheries,—one of the most useful and practical documents that had emanated from that body. It was urged that the reason why this trade had declined, was the high rate of wages that had been given in the ship-yards, from about the time the law expired until 1841, though in 1844 they were reduced to two shillings per diem or thereabouts, and consequently there was no longer the same inducement to neglect a pursuit by which individuals had made fortunes. The business had formerly been carried on by Messrs. Wards, Barlows, Crookshank and Johnston, and others, with great advantage to themselves and the country. What was the state of those fisheries in 1844 ? there was at least 300 sail of American vessels in the Bay of Fundy the'year before, and 169,000 barrels of herring had been shipped from the United States; a great part of which were caught in the Bay of Fundy. They encouraged their fisheries by liberal bounties. In 1830 Nova Scotia caught 19,000 barrels of mackerel; in 1842 it had increased to 54,000, and in 1843 to 75,000 barrels, worth ten dollars per barrel in the United States market. From the scarcity of dry fish at Saint John in 1843, two merchants in fitting out a vessel for a southern voyage, could not obtain more than 600 quintals, although they were some weeks looking out for them. Many 90 POLITICAL NOTES 1844 of the stores were unoccupied, vessels lying idle at the wharves, and persons walking about the streets unemployed, who might, it was said, be beneficially engaged in the fisheries. On the 26th February a resolution was submitted to the House by Mr. Allen,—in consequence of an article that had appeared in the “ Loyalist ” Newspaper, censuring in unbe¬ coming language one of the members (L. A. Wilmot) for having expressed himself in opposition to the Address of the House to Sir Charles Metcalf on a former day,—with a view on the part of the mover of having the publishers (Messrs. Doak & Hill) brought to the Bar of the House, on a charge of “ breach of privilege.” [This attack will be seen in the Appendix.] Mr. J. A. Street moved as an amendment, that the article in question was too contemptible, and beneath the dignity of the House to waste time upon. The amend¬ ment was lost and the original motion sustained. The House sat with closed doors for some hours. After the opening, Messrs. Doak & Hill were taken into custody on the Speaker’s Warrant and committed to prison. Out of this simple affair grew quite an excitement; and the authority of the House and that of the “ Bench” were brought into collision. Shortly after the committal of the accused, they addressed Mr. Justice Carter, through their Counsel, D. S. Kerr, Esquire, and the consequence was, that by an order of the Judge—perhaps with the concurrence of his associates—they were released. After their release they made straightway for the House, as if to show them¬ selves in defiance of the Speaker’s authority; and in an hour or two issued a slip from their office, not only backing up the former libel, but breathing fire and vengeance, and challenging the House of Assembly, in most defiant terms, to do their utmost. These slips, on finding their way upon the desks of hon. members, w r ere like so many pieces of lighted cartridge paper falling upon so many boxes of powder—an explosion of wrath immediately followed. The whole House was convulsed with nervous excitement. The standing order was enforced, the galleries were cleared, and members at once proceeded to deliberate as to the best mode of maintaining the privileges belonging and appertaining to them—that is, if the House, after the fiat of Judge Carter, had any privileges left to protect. The Sheriff was sent for and asked by whose 1844 and OBSERVATIONS. 97 authority the prisoners had been discharged. When answered, bj Judge Carter’s authority, the whole matter was submitted to the Committee of Privileges to report upon. On the 26th March the Committee handed in their Report, (it may be found commenced on page 231, Journals for 1844,) which would occupy about four columns of an ordinary size news¬ paper. It is an able document, shewing numerous prece¬ dents and practices in other countries, under analogous cir¬ cumstances. The following case will suffice, out of numerous others, all equally favourable to the course taken by the House« Sir Francis Burdett, in 1811, and then a Member of the House of Commons, published, in Cobbett’s Weekly Register, a Letter, which was voted a libel on the House and a breach of its privileges. The Commons accordingly ordered the Speaker, the Right Honorable Charles Abbot, to issue his Warrant for the arrest of Sir Francis, upon which he was arrested and committed to the Tower. Sir Francis brought an action against the Speaker, in whose favor judgment was given by the whole Court See Burdett vs. Abbot , 14 East’s Reports” The Report concluded as follows :— “ T be Committee find no case, either in Colonial or Metro¬ politan Parliamentary History, of the discharge by Habeas Corpus, of a person committed for contempt of privilege of Parliament. . r 6 “ Freedom of speech, and privilege from arrest, and indeed all the privileges of the House, rest upon no better foundation than the one in question, and are equally liable to be swept away at the pleasure of any one who may choose to assail them. A silent submission to have these privileges questioned, as they have been in the present case, is to render them useless, unavailing, and contemptible. “ The Committee cannot refrain from remarking, that a decent regard for the privileges of the Legislature, and for the exercise of a power, always acquiesced in by the country, and never before challenged from any quarter, would seem to forbid that the case should have been so hastily decided upon by a single Judge, unadvised, as it is believed, by his associates, and upon an ex-parte hearing. They believe the discharge of the prisoners under Habeas Corpus to be without precedent, (except the Newfoundland case be one, which is more than doubtful,) and they cannot but consider it as treat¬ ing a privilege of the House, always exercised and never before disputed, with a degree of haste and inconsideration not in any way called for by the exigency of the case. 98 POLITICAL NOTES t 1844 “ The Committee, on mature consideration, do not enter¬ tain a doubt of the right of the House to commit for contempts, perpetrated as well without as within its walls; and that this power is essential to the independent exercise of its para¬ mount duties; that it rests upon the foundation of public policy, as well as long usage, and ought not now to be called in question ; and your Committee regret that the individual views of Mr. Justice Carter, conflicting, as in this instance they do, with the opinions of all the Judges of Her Majesty s North American Colonies, who have been called upon to.adju- dicate on similar questions, should have induced him to inter¬ pose, thus summarily, in relief of the avowed perpetrators of so atrocious a libel, especially as his forbearance could not affect the ulterior remedy of the parties accused, should a Jury of the country deem them worthy of damages. “ The Committee having thus fully submitted their views to the House, leave the case to be dealt with as best becomes its dignity, its rights, and its duties.” This Report was sustained 22 to 6, and resolutions approv¬ ing the principles therein contained were carried. During the discussion all sorts of opinions were advanced on the question of privilege. Tor several hours there was a confu¬ sion of tongues, such a noise, remarked a correspondent at the time, as had never been heard since the uproar among the workmen in rearing the walls of Babel. Some honorable members thought the House had great privileges ; some, that it had scarcely any ; while others, that it had none at all. In short, the dignity of the House was, for the time, prostituted to the prejudice of party. Mr. End said that he would like the conduct of the Judge to be represented at home. Mr. J. A. Street did not believe that the House had the privileges they claimed; if he thought so, he would imprison the Judge for interfering. The matter, however, ended as before stated) in the Report of the Committee being accepted by a large ma¬ jority, and the House adopted resolutions expressive of their determination to guard their privileges in the future—which privileges, of whatsoever nature, are left as vague and undeter¬ mined by the vacillating course of the Assembly, as if they were mere Parliamentary rules, subject to be changed or twisted about according to the caprice of the party in power. In voting pay to the Reporters, who had been in attendance during the Session, the sum of fifty pounds was also voted to Messrs. Doak & Hill for their services. Nor was this all. Messrs. Doak & Hill afterwards entered a prosecution against 1844 AND OBSERVATIONS. 99 the House for “ false imprisonment/’ and recovered damages amounting to upwards of £200. Here is a precedent (if it may be taken as such) to show that the House of Assembly have no extra-judicial powers. So much for having failed to set aside the decision of a single Judge, and thereby establish their own authority. Imagine JohnWilkes being committed to the Tower upon a warrant of the Speaker of the House of Commons, and Lord Mansfield immediately interposing in behalf of the recalcitrant member, even to his liberation; and the reader has a precisely parallel case to the one now under consider¬ ation. A few years prior to the Doak & Hill libel, the late Mr. Pierce, for having made a few very harmless remarks in the Miramichi Gleaner , was summoned all the way from his home in the dead of winter, reprimanded at the bar of the House, and imprisoned in the County Gaol for the remainder of the Session. Under much more aggravating circumstances, the House of Assembly failed to see their duties—or if visible at all to them, were overmatched by a single influential indi¬ vidual, while the assailants triumphed in the pocketing of large- penalties. In accounting for this extraordinary state of things, the strong presumption at the time was, that had the party libelled been more in political accord with the majority of members than Mr. Wilmot was known to be, the House would have shown more determination to maintain their dignity. It was supposed that there was an innate feeling of satisfaction felt, but not betrayed, by the most influential members of one political party, when the attack upon the leading Liberal ap¬ peared in the Loyalist . Hence, for the sake of a party triumph, members were willing to eat humble pie, and submit to the insult that was put upon them. Had Mr. Street’s amendment been adopted, the dignity of the House would have been preserved, and its humiliation prevented. Failing to treat the libellers in the manner that would have answered, the House should have known exactly their rights and privileges before resolving themselves into a Court of Judicature—certainly honorable members should have known in time how far their privileges extended, and having a full knowledge of them, they should have imprb soned the Judge, had they the power, and not allowed a single individual to over-ride their proceedings and turn them 100 POLITICAL NOTES 1844 into ridicule. The logical deduction from all this is, the House exceeded their powers in committing Doak & Hill to prison, and Judge Carter was right in restoring them to liberty immediately afterwards. On the 28th February the following Message from Iiis Excellency was laid before the House of Assembly—also before the Legislative Council:—“ The Lieutenant Governor “ informs the House that it is in the contemplation of Her “ Majesty's Government to erect the Province into a separate “ Diocese, and appoint a Bishop to it, on the completion of an “ adequate endowment; and that a fund of <£25,000, sterling, “ having been raised with this object, to secure investment u of which is indispensable; he recommends to the Legis- “ lature that the fund may be received as an investment on “ the public security of the Province, whereby the early “ accomplishment of the measure will be facilitated." When this subject was under discussion at a subsequent date, the friends of the 66 endowment ” considered it would be bad policy to have the amount in any way fixed upon the Statute Book, for the time might come when future gene¬ rations would construe the payment of the interest on the “ Bishop Fund," as an unjust draft upon the Treasury, alto¬ gether losing sight of the original agreement, and the legality of the obligation. In a word, it might be regarded by non¬ conformists as a recognition of an established Church, and thought that the funds of the country were used for that pur¬ pose. This advice of the friends of the Church was taken, and the money not accepted. 1844 AND OBSERVATIONS. 101 CHAPTER YI. The Province in a state of Bankruptcy—Bankrupt Laics — Reso¬ lutions respecting composition of Legislative Council—Leprosy in the County of Gloucester—Violence and fatal effects of the disease—Money voted for the Great Roads of the Province — Ring's College—Riots in Northumberland—Debt of Province. Petitions were now being sent in from day to day, from various parts of the Province, for a repeal of the Bankrupt Law, which had been in existence about one year. The dis¬ cussion upon this Act brought to light facts which exhibited the country to be in any thing but a solvent state in 1844, if the number of those who took advantage of the Act may be taken as a criterion. According to one of the speeches made in the course of the debate, upwards of twelve thousand pounds had been expended by Bankrupts, or their friends, in getting through the Court. Most of this amount, it was com¬ plained, had gone into the pockets of Commissioners, Pub¬ lishers, and other third parties, while the creditors only came in for what was left, about a fourth of the whole amount so expended. The Royal Gazette and the Saint John Courier , were weekly filled (the latter paper containing about seven columns) with declarations of Bankrupts, published by order of the Commissioner. The number of insolvent cases, it was stated, amounted within one year to 339—out of this 281 had obtained fiats ; but of all the applicants only 21 (notwith¬ standing the expenses) had succeeded in securing their final certificates. The expense to an individual in his endeavours to get through the Court was about £40, not one copper of 102 POLITICAL NOTES 1844 which went into the creditor’s pocket, and in most cases, as above seen, this money was expended without the Bankrupt getting through the Court. Another honorable member stated that upwards of ,£60, in several instances, had been expended for the same object; and a case occurred in which a property, which would have paid 10s. in the pound, was, through legal subterfuges, locked up, and finally paid only 6s. 8d. The expenses of assignees in this case amounted to 9 per cent. In many instances (it was alleged) the Bank¬ rupt Courts took all the man was worth, and left nothing for the creditor. The following extracts from the Petition sent from Saint John (containing over 300 signatures) will show the unrighteousness of the Act:— “ That the. vast majority of Bankruptcies which have occurred within the knowledge of your Petitioners, are in cases where the parties have wasted their property, either by the ruinous and demoralizing system of securing others who have been in the habit of interchanging their names with the debtor, by endorsements for mutual accommodation and in other improper. preferences, or expending large sums of money in litigation, and defending suits at Law brought by f their creditors for the recovery of their just debts; and that instances rarely occur in which the property of the Bankrupt is sufficient to defray the expense of the proceedings, That it is well known that many persons, although guilty of such conduct as would wholly destroy their credit and reputation as Merchants, have availed themselves of the benefit of the Bankrupt Laws, and by means of the great facilities afforded by the existing enactments, become dis¬ charged from their liabilities, thereby making Bankruptcy a protection from the punishment due to dishonorable con¬ duct, instead of being a shield to the honest but unfortunate debtor.” The Committee to whom the subject was referred, submitted a report unfavorable to the continuance of the Act. The various reasons assigned it is not necessary here to repeat. Had they been used when the measure was before the House, only twelve months before, there would have been some sense shewn perhaps served as a preventative , instead of now as a cure foi the mischief occasioned by the law. The tenor of the Report certainly betokened a great want of forecast in the supporters of the Bankrupt Bill in 1843, or they would not m 1844 have laid such violent hands upon their previous year’s work. Strange to say, when the subject of the repeal AND OBSERVATIONS. 103 1844 of the Bankrupt Act came up on the 29th February, there were hut six dissentient voices—the members on the division stood 22 to 6.* The friends of the Act in and out of the House considered it highly impolitic to destroy it, after only one year’s trial— that it had defects was freely admitted, but these were capable of amendment; and as the country required a safe Bankrupt Law, that would subserve the interests of creditors as well as debtors, the Act should be put into a shape that would be generally acceptable to business men. It was considered that it would be hard to keep an active man flat upon his back, with his hands tied, and not be able to make himself a living. By amending the Act the debtor would be the gainer, while the creditor’s chance of getting his own would be enhanced _the former, because he would have an opportunity to retrieve his position; and the latter, because his prospects would be augmented in the same ratio.f On the 29th March Mr. Fisher submitted his resolutions relative to the composition of the Legislative Council. The first was to thank Her Majesty for recognizing the principles laid down in the Assembly’s Address to the lhrone the yeai before—to the effect that the Council was made up of mem¬ bers of one religious denomination, almost to the entire exclu¬ sion of all others. This resolution was carried 17 to 12. The second resolution was expressive of regret and disap¬ pointment that the Executive Government in the recent changes made in the Legislative Council, had not given effect to the despatches of the Colonial Secretary, who had con¬ curred with the House in the grievances complained of. This was lost—22 to 7. For the first time on an important reform question the names of Mr. L. A. Wilmot and Mr. C. I ishci do not appear on the same side. Mr. Wilmot, however, was now a member of the Government, and could not very well afterwards was mission was ap] was never acted Law. 104 POLITICAL NOTES 1844 vote against an Act which, as a member of the Government he was bound to stand by. The third resolution was as follows:—“ Resolved, as the “ opinion of this Committee, That the House should express “ their opinion that the assurance of Lord Stanley,—‘ to bear “ in mind, in the selection of Legislative Councillors, the “ leading interests of the Province, as well as the principal “ Denominations of Christians,’—as prayed for by the Ad- “ dress of the House, has, in the recent changes, been entirely “ overlooked by the Executive Government, and the just “ expectations of the great and influential Denomination of “ Christians, now either too partially represented or alto- “ gether unrepresented in that House, have been greatly “ disappointed.” To this an amendment was proposed—to substitute the following:—“ And further Resolved, as the opinion of this “ Com mittee, That this House ought not to refrain from “ expressing its surprise and regret that while several Gen- “ tlem en have been displaced, or been induced to retire from “ the .Legislative Council, from the embarrassment of their “ affair f> otl mrs in the same situation have been allowed to “ remam , although their pecuniary embarrassments were u e< 3 ual *y notorious and well known; and also, that while others have been removed from the circumstance of hold- j Sltuatl °ns under the Crown, they have been replaced by persons holding situations of a similar nature.” The amendment and resolution were both negatived_ 26 to 3 There was an opposition to these resolutions among Mr’ I isher’s friends outside of the House-not so much to their spirit as to the course to which they would necessarily com¬ mit members. His friends thought that instead of again addressing the Home Government, who had already conceded ie principle asked for by the House in 1843, it would have been better policy for Mr. Fisher to have moved a vote of want of confidence in the Government, who alone were now answerable for matters as they stood. In the discussion, Mr Fisher stood by his resolutions with mueh pertinacity. Although a member of the Church of England himself, he advocated with all his ability the right of pate^Tth? ^ ^ ^ ° f discriminati °") to partici¬ pate in the government of the country, as members of Her 1844 AND OBSERVATIONS. 105 Majesty’s Legislative Council. Hon. Mr. Hazen denied the charges of religious or political bigotry as having influenced the recent appointments. Hon. Mr. L. A. Wilmot declared that he was actuated by a proper spirit—that he had not forgotten the interests of his fellow dissenters, denounced the narrow rule of selection from this or that denomination, and advoca¬ ted the more expansive policy, which, regardless of all religious differences, would select the men best fitted by integrity, ability and property to represent the interests of the whole people. He charged unfairness on Mr. Fisher in attacking the Government while its work was yet incomplete, and declared the claims of dissenters to have been borne in mind by the Government. Hon. Mr. Simonds defended the Gov¬ ernment. Other members spoke against the resolutions, chiefly on the ground of their tendency to excite religious discord and animosity. The gist of the whole debate is contained in the above digest—quite enough for the purpose of bringing the points out. The House went into Committee on the Message of the Lieutenant Governor, relative to a disease which existed in the County of Gloucester, of a most disgusting and fatal charac¬ ter, and which, in the opinion of medical persons in that quarter, resembled the Leprosy of the seventeenth century. It appeared from documents which were read, that the dis¬ ease made its appearance in 1824, since which seven persons had died of it, having lingered from three to five or six years in a most miserable condition; one of whom who had been enclosed in a log hut, and who was fed through a hole in the same, having died as was supposed insane ; and such was the dread of persons, in consequence of the supposed infectious nature of the disease, that in some cases the overseers of the poor had to carry the unhappy creatures the supply of food which was necessary to support existence, and for the consumption of which they retained their natural desire and appetite. That the disease was infectious, would appear from the fact of persons having been attacked with it, who had slept with each other; and in one instance a young man who had assisted in carrying a coffin containing the corpse of a person who had died with the disorder, and upon whose clothes some 14 POLITICAL NOTES 106 1844 of the contents liad oozed, subsequently caught the infection and died in this year, (1844.) It appears further, that twelve persons were labouring under this disease, in the County of Gloucester, and there were about the same number of cases on the other side of the line, which separates that County from Northumberland. Although there were probably other cases which were con¬ cealed, as a knowledge that a person had it, excluded its victim from society. Among the cases enumerated was that of a female who was shipwrecked at Caraquet, on her way to Quebec; and who afterwards returned to Chatham, where the disorder developed itself, and extended to two others of the family in which she resided, and to a child who was intimate there; all of whom died. In fact the disorder invariably terminated fatally. The reading of the several documents connected with this subject, created a strong sympathy in the House and com¬ passion for the unhappy sufferers. Dr. Thomson and Dr. Earle gave it as their opinion that the disorder was not the leprosy. The former gave a very lucid account of the effects of the mode of living and the habits of the French people among whom this disorder had appeared, which not only pre¬ disposed their systems for the reception of this or any other scrofulous disease, but rendered it more difficult to cure; and he recommended that their habits of life and the food by which nature was sustained should be changed, and that by education and amusement the minds of those v poor people might become elevated, and brought with their bodies, into more healthy and vigorous action. The House passed a Resolution unanimously placing £500 at the disposal of the Executive government, for the purpose ot procuring medical treatment, and separating those who were labouring under the disease from the rest of the inha¬ bitants, and tor alleviating as much as possible the few remaining days of their miserable existence. On the 26th March, Mr. Fisher, from the Committee to whom was referred the subject of the state of the Great Roads ot the Province, with directions to report what sums would be required for repairing and improving the same, submitted the report. The gross amount recommended was £5,212 10s. 1844 AND OBSERVATIONS. 107 A further sum of £1,200 was named for distribution among the different Counties, to be expended upon sundry special objects, which had been brought under the notice of the Committee.* There was a short debate upon the Bill for amending the Charter of King’s College—which was remarkable for noth¬ ing more than a statement made by the Hon. L. A. "Wilmot, to the effect that since the establishment of the College forty Jive thousand pounds had been paid for its support—a sum (said Mr. W.) which would have educated every one of its students at Cambridge or Oxford.f On the 6th April the expenses of the Northumberland Election were submitted to the House by a member of the Government, together with a large file of documents. It appeared that during the elections in December, 1842, there was so much political excitement in Miramichi, that a detach¬ ment of troops had to be sent all the way from Fredericton to quell an outbreak. It was no unusual thing, however, in those times when an election lasted nearly a week, for riots to be of frequent occurrence in different parts of the Province. The friends of the respective candidates kept what was called “ open house,” for all who chose to enter and partake of the refreshments offered, the most essential elements being “brandy, gin, and rum.” It was a season of idleness, dis¬ sipation, and outrage. Had the Reformers never given us any thing more than the remedy which they provided for this evil, they would be entitled to the gratitude of every lover of peace and order. The simultaneous polling Act and the ballot have been the means of preventing a great deal of trouble—expenses have been diminished—the rights of electors protected—and an independent exercise of the franchise is guaranteed to every man. Mr. J. A. Street maintained that the Province should pay the cost, to which opinion other honorable members assented. In opposi¬ tion, it was said that the County of Northumberland alone should be held responsible for all damages. In his speech, * There is nothing material in this paragraph; it is merely introduced for the purpose of shewing the system of voting away the revenues, before the Board of Works was established. + As the College will frequently come under consideration, the question will only be dealt with when it assumes an importance worthy of a more extended notice. 108 POLITICAL NOTES 1844 which occupied two hours, Mr. Street said that the County he had the honor of representing, had been made the victim of a violent and lawless mob, instigated in opposition to him. He censured the Government for not sending troops to the scene of outrage sooner. Mr. Hazen tartly replied in defence of the Government; and inflicted a number of heavy blows upon Mr. Street’s party, which he represented as being some¬ what like the other, composed of men who, from their station in society, should have known and acted better—he referred particularly to the Magistracy and some of the principal inha¬ bitants of the County. Mr. End (who, by the way, appeared to have considerable influence in the House,) applied the facts to the case, and advocated the right to tax the County alone, for a crime committed under the influence of feelings, which he said were peculiar to that section of the Province.* The affair, however, terminated in a vote of £800 being passed to defray the expenses. (Under the present altered “ initiation” system, this would probably not be allowed— the County would have to pay its own extraordinary expenses.) The Financial Committee, which had been appointed by the House, to report upon the Financial condition of the Pro¬ vince, alleged, as the result of their investigations, the debt to be at the commencement of the Session of 1844, £156,446 6s. 4d. which is represented in the following abstract, made from the report:— Warrants bearing Interest, £90,235 9 4 Debentures, and Interest, issued for Loans, Burnt District, St. John, 16,696 0 0 Due Savings’ Bank and Bank of New Brunswick, 27,912 7 6 Bye roads, and other appropriations for which warrants have not issued, ... 21,602 9 6 £156,446 6 4 And that the assets of the Province amounted to £66,057 12s. lOd. as follows of*«e f «S°SS JiwSS? mUSt llow be forgiven-it was spoken at times ® j ^ , a * exc itement—no one at the present day would sav this in The ? r ? ter h - as seen hotS’work at flecks thumberland. ’ " y thing contained in the above in reference to Nor> 1844 AND OBSERVATIONS. 109 “ Bonds and Cash in hands of Treasurer and Deputies, ... ... ... ... £32,333 15 6 “ Bonds and Cash in hands of the Attorney and Receiver Generals, and G. Baillie, Esquire, . 33,723 17 4 £66,057 12 10 “ Leaving a balance against the Province at the commence¬ ment of the Session, of £90,388 13 6. “ The revenue of the present year (1844) is estimated at £50,000, while the appropriations amount to £54,140, leaving an over-expenditure of £4,140.” The publication of the foregoing will, no doubt, be impor¬ tant to those who take an interest in the past and present financial condition of the Province. On the 13th, the Lieutenant Governor being too unwell to proceed to the Province Building, both Branches of the Le¬ gislature were summoned to Government House, w’here His Excellency, after giving his assent to a number of measures, was pleased to prorogue the General Parliament in a brief Speech. 110 POLITICAL NOTES 1845 ( 1845 .) CHAPTER VII. Death of Hon. Mr. Odell—Appointment of Mr. Beade to the office of Provincial Secretary—Excitement in the House in conse¬ quence — The question of Prerogative—Great diversity of opinion —Printed declarations of Members of Government. We are now coming to an interesting event in our Political History—one which, at the time, was calculated to arouse the dormant energies of the Government—and set the whole country in a blaze of excitement. On Christmas day, 1844, the Hon. Mr. Odell, who had held the office of Provincial Secretary for thirty two years, died at his residence in Fre¬ dericton ; and on the 1st January, 1845, His Excellency appointed his son-in-law, Alfred Reade, Esquire, to the vacant office. In making this appointment, the Governor did not think it necessary to take the advice of his Council, doubtless acting upon the principle which the Legislature the year before had set up, and assured Sir Charles Metcalf should be the rule of faith in the exercise of the prerogative, especially in the dispensing of the patronage. In other words, Sir William thought that the right that pertained to the Queen’s Representative in Canada was equally applicable to the Queen’s Representative in Hew Brunswick. All principle was now suddenly trampled under foot. The appointment of Mr. Reade at once forced the Conservatives to believe, that after all the Governor was not the sole custodian of the Queen’s prerogative, but that a large share of this 1845 AND OBSERVATIONS. Ill mythical power belonged to themselves, and it only required just such a home -case as the present to assure them of this fact. If they had been in the dark all along, it was because they had no interest in seeing the prerogative in its true light. The inventor of the Guillotine, it is said, fell a victim to his own contrivance. The prerogative principle, for which our Constitutionalists so earnestly contended, in the case of Sir Charles Metcalf, was now about to he made a test of their faith, in its application to this Province; and it will he seen, as the reader proceeds, that they were destined by their extra- officious conduct to be hoisted by their own petard. All parties were now fairly put upon their metal—there was a sudden quaking among the dry bones, which bade fair to be the means of healing old festers and opening fresh wounds. Liberals and Conservatives clasped hands and met on common ground, animated by the one impulse. The latter could not but see the impolicy of their old proceeding, and the practicability of the principles for which the former had con¬ tended, and which they tried to preserve (so far as this Pro¬ vince was concerned) when liberal principles were assailed by the Governor General. On the whole, the event, now under consideration, was perhaps fortunate, as it had a direct ten¬ dency 1o bring about a better understanding in the country, in regard to the right working of Responsible Government. The Session of 1845 was opened on the 29th January; His Excellency’s Speech was of the ordinary length, but remark¬ able for nothing striking. Members on returning from the Council Chamber, entered into a short discussion, in which the principles of Responsible Government were incidentally alluded to. It was very evident, from the tone of the debate, that the Session, or perhaps the early part of it, would be any thing but pacific. A new issue had arisen dur¬ ing the interregnum. Conservatives and Reformers found themselves alike cast into a sea of trouble, and the leaders ot the two parties adrift clinging to the one raft. The storm without had raged between Reformers and Conservatives. Now there was to be a fusion of ideas upon an abstract ques¬ tion—not a unity of feeling upon a great principle. It was not to be a party contest this time—for the outs to get in, and the ins to hold on against all-comers. It was to be 112 POLITICAL NOTES 1845 an injudicious admixture of men of both parties on the one side, and on the other, the last man in the world who should be so situated, viz. the Lieutenant Governor. The determi¬ nation of the House was to subdue him and wrest the prerogar tive from his grasp, which until now had been undisputed, and would have remained so had His Excellency exercised it in accordance with the wishes of his Council. It was remark¬ able how great a flood of light could break through so small a crevice. The Reformers on this occasion placed themselves in a false position, by coalescing with their old antagonists with¬ out first stipulating for more than simply the removal of Mr. Reade. Having contended for the principles of responsibility when the political atmosphere was clear, and no particular case pending, during which time they were met by the most formidable opposition, they might, when the storm came and one of their fundamental principles was being assailed, have stood forth with arms folded, and thus intimated to the Conservatives that they might now see for themselves the necessity for establishing the Constitution upon a more equitable basis, and defining the powers of the three branches of the Legislature. Mr. Wilmot, it is true, was a member of the Government, and it might be urged could not stand by an appointment that did not meet with his approval, while the fact of his being in a Government that did not agree with him upon a question involving the right of prerogative, might have been some justification for his keeping his place, with a view of forming another Government upon better understood rules, one that could have anticipated all future difficulties. Having joined the Conservatives in their attack upon the Lieutenant Governor, the Reformers played into the hands of their old opponents, giving them great advantages—new strength, new resources, a new lease of power, and after all leaving the great Constitutional question itself unsettled, as far from being developed for practical purposes as ever. On the 31st of January, Mr. Partelow wished to ask the Executive Members present, whether they were prepared to defend the appointment of Mr. Reade to the office of Pro¬ vincial Secretary, as he believed the appointment to be one opposed to the « well understood wishes of the people,” which the new Constitution * guaranteed. In reply, the Hon. Messrs. The italics are made by the writer. -• • -■ S8SBHMKB0*eI - •' . :'V, ■ ' . 1845 AND OBSERVATIONS. 113 Ilazen and Wilmot stated in substance, that they had already tendered their resignations to the Governor in consequence of this appointment. They further stated that they were debarred from expressing their reasons at that time, but would do so at an early day, as His Excellency had called upon them for an explanation in writing, which, when handed in, would convey the information required. The lion. Mr. Simonds (another member of the Government) informed honorable members that he had not resigned, and asked for a little more time before stating his views to the House. On the 3rd February Mr. Partelow rose for the purpose of asking if any final arrangements had been made with re¬ gard to the resignations which honorable members of that House had tendered of their seats in the Executive Council, and as he perceived these honorable members were in their places, he hoped they would now be prepared to state the grounds on which they had thought it necessary to retire from the Government. Hon. Mr. Ilazen first addressed the House in a very in¬ genuous and able manner, setting forth his reasons for resign¬ ing his seat at the. Council Board ; an extract, however, from the “ explanations” given to Ilis Excellency (signed by Hon. Hugh Johnston, E. B. Chandler, and R. L. Hazen,) will suffice to convey to the reader the grounds upon which the honor¬ able gentleman based his opposition:— “We did not fail to convey to Your Excellency at the earliest opportunity, after you communicated to us the ap¬ pointment of Mr. Reade to the office of Provincial Secretary, the embarrassment we anticipated in supporting and defend¬ ing the appointment in our places in the Legislature. While we are prepared at all times firmly to maintain to the utmost constitutional extent the prerogative of the Crown, we are unable conscientiously to justify its exercise in this instance. We conceive that the patronage of the Crown should be dis¬ tributed without reference to origin or party, having a due regard to the relative claims of those who, from their public character and services, naturally look forward with a laudable ambition to preferment in this Province, their home by birth or adoption. On the other hand we feel 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 15 114 POLITICAL NOTES 1845 generally, is prejudicial to the best interests of the Province, and will tend to undermine that implicit reliance upon the justice and wisdom of Her Majesty’s Government, which has existed in the minds of all classes of Her subjects in this Colony hitherto unimpaired. Entertaining these views, we were reluctantly compelled to tender our resignations, it not being in our power to support your Excellency in the late appointment. It may be necessary to add that we make it no ground of objection that the appointment of Mr. Reade was forwarded for the Royal approbation without the advice or concurrence of Council, nor do we urge that the office should be filled by a member of any particular party. We are not so illiberal as to contend lhat the natives of this or any other portion of Her Majesty’s dominions have peculiar claims to preferment. We have invariably maintained that the pat¬ ronage of the Crown should not be made subservient to the party purposes of any individual or body of men ; nor do we insist that the person holding this office should necessarily be a member ot the Executive Council, or be required to secure a seat in the Assembly, such principles not having yet been established in this Province.” One or two ideas in this Address must forcibly impress the reader—the principles of party government, consequently party patronage, are objected to—that objection does not hold at the present day, as it is in the spirit of party that the government is carried on in all the Horth American Pro¬ vinces. Again, the exercise of the prerogative is considered in this address to be a privilege exclusively with the Governor, but the honorable gentlemen do not hold that they have a light to justify its exercise in this instance.” If so great a power is in the hands of the Lieutenant Governor, to appoint whom he pleases to office, it is the duty of those "who assent to this right,—not only assent to it, but find fault with those who oppose the principle—(as in the case of the Governor General the year before) to stand by the “ prerogative” in the Governor, no matter who he offends. It is not shewn that Mi. Reade is unfit for the office, or would not make as good a Provincial Secretary as any other gentleman that could have been appointed. If one man acknowledges the right in another to perform a certain duty, he debars himself th e privilege of criticising the acts of him in whom he confides. If he do not hold himself accountable to the country for the mistakes of his colleagues, there is no principle violated by 1845 AND OBSERVATIONS. 115 his continuance in office. If the prerogative is like a sapling, of a nature so pliable as to be twisted and bent at pleasure, the sooner it is brought within fixed constitutional rules the better, in order that all parties may understand its meaning and potency, Hon. Mr. Wilmot did not subscribe to “ the reasons” of his colleagues, but furnished “ reasons” of his own for oppos¬ ing the appointment—from which the following extracts are made:— “ In the first place I consider it justly due to the people of this Province, that all the offices of honor 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 com¬ mand the respect and confidence of the country. With these views, which I hope I shall ever retain, I must necessarily dis¬ approve 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 honorable and pro¬ fitable 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 con¬ sidered throughout the length and breadth of the Province. “ Your Excellency is well aware that ever since I have had the honor 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 con¬ ducted 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 Re¬ presentatives of the people. “ Still entertaining a strong attachment to those principles from a clear constitutionality, and from a concientious belief in their safe and practical adaptation to a British Colony en¬ joying the privileges of a representative form of Government, 116 POLITICAL NOTES 1845 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 prin¬ ciples as opportunities may offer, than that a concession in gross should hereafter be made to the urgent demands of the country, I am of 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/ 7 Mr. Wilmofs arguments are based upon constitutional grounds ; but of course they availed nothing, nor could they assist his cause so long as he sat in the same Cabinet with those who had always politically opposed his views. He might still have clung to office, and been consistent, until his colleagues in the Government had satisfied him upon what shore they expected to bring up in the tack which they had just made, under a strong side wind. He might have said— “ if you are willing that all appointments in future shall be made by the Governor, with the concurrrence of his advisers, I will go with you to break the last appointment/' In joining with his colleagues, in leaving the Governor, he gave them an advantage over him, which they were not slow after¬ wards in working to his detriment. Perhaps no hon. member spoke more to the purpose in the long tedious debate that fol¬ lowed, than Mr. Hill of Charlotte. At that day his remarks, however, were contemned by Reformers and Conservatives alike. He “ declared that the House had no right to say a word about the Government, or what was left of it—that Responsible Government was sound asleep—and that they had severed the cord which held the Executive Council responsible to the House—that the old system was now sus¬ tained in the present proceedings, and must continue to be carried out—that the House would have to flounder on fbr some time yet before they could adopt an explicit recog¬ nition of the true principles—that Responsible Government must first be defined, as was the case in England at every stage in its progress, from the days of Magna Charta to the present period ; and that all that they were then doing would 1845 AKT> OBSERVATION**. m prove futile and causeless, unless the House titled down into a full appreciation of its duties and what should ho it* privilege*. Responsible Government was a sham without being reduced to practice.,"* The Hon. Mr. Simonds. remaining in the Government^ addressed himself directly to the House, he said— “ ne was not one of those who thought proper to retire from the Government in consequence of the appointment which had been made, as he considered the gentleman who now filled the office of Provincial Secretary to be well and fully qualified to discharge the duties of that office. That gentleman (Mr. Roade) was entirely free from party influence and possessed the full confidence of the head of the Govern¬ ment—he (Mr. S.) thought that it was necessary that the Provincial Secretary should possess the confidence of the Lieutenant Governor — for in transacting public business, the head of the Government could only give general instructions on matters relative to public business, and he must neces¬ sarily depend on the Provincial Secretary to see those carried into effect, and it in some measure depends on that officer, if the views of the Queen * Representative were correctly stated. When he (the Hon. Mr. S.) first heard of the appointment, he thought it a good one, although he would freely admit that as a general rule such appointments ought, as far as cir¬ cumstances would admit, to be bestowed on an inhabitant of the country. The hon. member for the County of* York said that this appointment ought to be a political one; this was the doctrine of the three Executive members who had resigned their seats in Canada last year— Baldwin, Lafontaine, anxi he believed Hincks, [‘ and Draper’s, also/ from Mr. Fisher,] but this was not his (the Hon. Mr. S.’s) doctr ’ ' -diked any such doctrine, and thought he would betray his duty to the country if he did not express that dislike. The lion, member called the attention of the House to the address to Sir Charles Metcalf which passed that House last year, and urged on lion, members the propriety of considering the principles to which they had in that address declared their adherence. The hon, member for York (Mr. Wilmot) had said that he did uot wish to interfere with the prerogative of the Crown were this appointment made a political one, and the officer holding it made dependent on a majority of* that House for his tenure of office. The hon. member wished to make some remarks * These remarks seem, at the preseat day, to he the most rational made on that stirring occasion; for after the conflict wa* over, and both partite*, by their joint efforts, had succeeded in dislodging Ms. Keadi the old pint y feuds broke out afre*Jtu The Jiefonuers were again thrown into the ; had< by the Conservative*, and kept iso for many year.- alter ward* 118 POLITICAL NOTES 1845 on Responsible Government, as liis opinions on that subject bad been misrepresented by at least one paper published at Fredericton—that paper had made him (the hon. Mr. S.) to say that he was in favor of the complete responsibility of the Executive Government to that House. He hoped he should not again be misunderstood on the subject of Responsible Government. The passing of the Civil List Bill conferred on the people of this Province all the Responsible Govern¬ ment which he would ever advocate, or which the Province could require. The question of Responsible Government is now before the House, and if hon. members are prepared to go for Responsible Government to the full extent which had been mooted, then farewell to the peace of this Colony! This was a question which he (the hon. Mr. S.) thought ought to be discussed calmly and deliberately. At the present time there was from the Crown to the Constable a complete system of responsibility, and hon. members ought to reflect, that further concessions would open the door for continued agita¬ to 11 - Were the system advocated by some hon. members adopted in this Province, what would be the effect? It would be this: the party going out of oflice, would agitate the country to get back to power; the party in office would agitate to retain their places—there would be no peace for the country. Witness, continued the hon. member, the scenes which are enacting in Hova Scotia and in Canada, and let hon. members say if that is a state of things they would desire to see in this Colony.” The italics in the above are made by the writer. The lemainder of the hon. gentleman’s speech is still more con¬ demnatory of the principles of Responsible Government— surpiisingly so for a gentleman who had all along been so famous for his advocacy of what he used to call the “ people’s lights. The most ultra conservative could not have taken stronger grounds in opposition to principles which were con¬ sidered to be essential to harmony in each department of the Government principles when carried out would be the means of providing checks and balances where mostly wanted. It is needless to copy more of this speech, since the ideas enunciated have, by the lapse of time, proved the hon. gen¬ tleman not to have been very clear in his prophetic vision. Mr. Hill wished to put a few questions to the hon. mem¬ bers who had vacated their seats in the Executive Council— one of which was : were they of opinion that the Governor ought to consult his Council in cases of appointment to Office f 1845 AND OBSERVATIONS, 119 Mr. Wilmot said “ that lie had no objection to answer the “ question of the lion, member from Charlotte, and he would “ do so in words which no hon. member of that House would “ dispute as authority. He would answer the question in the “ -words of Sir Robert Peel—they were these :—‘ A Governor “ of Canada would be most unwise who did not upon all local “ matters consult the wishes and feelings and opinions of his “ Council, and he ought to use his patronage and power for “ the benefit of the Province. ’—these were the words of Sir “ Robert Peel, used in the Imperial Parliament of Great “ Britain, and he (Mr. Wilmot) adopted them as his own.” 120 POLITICAL NOTES 1845 CHAPTER YIII. The Reade difficulty continued—Conservatives suddenly turn Libe¬ rals—Liberals fail to understand their position—The Govern¬ ment reduced to a fragment—Success of the House in driving Mr. Reade out of office—Old party lines once more drawn. On the 6th Feb. the u order of the day” was moved for going into Committee of Supply. Mr. Street, of Saint John, moved that the order should be suspended, because he said there was no Government to whom supplies could be granted. Mr. Barbarie seconded the motion, and was supported by Mr. End, who argued that the House should make a stand until the fragment of a Government was made what it ought to be. These three gentlemen contended that the Govern¬ ment should command the confidence of the country ! Here was an attempt for a long ride upon an unsaddled horse, without any mile stones being placed on the road to mark the distances. But had any one predicted twelve months befoie this that such a political notion could have entered the head of a strong conservative—one so at variance with all the pre-conceived notions of the party in respect to Responsible Government,—he would have been “ called out” by the Con- seivathe Press if not by the speakers themselves, as unworthy apostles of the great cause handed down to them unimpaired by their fathers. There was no genuine conver¬ sion here, however. The position now taken was one of expediency. The necessity of the hour demanded swift retribution a sword that would cut any way—first in the 1845 AND OBSERVATIONS. 121 decapitation of Mr. Reade. Then—a slash at the Reformers, and an overthrow of their principles. The salient points of the debate, as it appeared in the Head Quarters, in regard to the difficulty, are here preserved. On the 10th the campaign fairly commenced, by Mr. End rising in his place and moving “ the order of the day,” which was to go into Committee of the whole House on the stale of (he Province. Mr. M‘Lcod (of Kingston) was called to the chair. Mr. End addressed the House at considerable length, in favour of Responsible Government, which he con¬ tended should be carried out in all its integrity. He con¬ cluded by ottering a resolution condemnatory of the appoint¬ ment of Mr. Reade—approving of the conduct of the retiring Councillors, and insisting that it was the duty of the Gov¬ ernor to consult his Council on all questions affecting the interests of the Province.* Mr. Hill followed, and moved as an amendment, a resolution, avoiding any reference to the appointment and resignations, but giving an analysis of Responsible Government, which he contended should be fully recognized by the House, before the principles could be applied to particular cases.f Mr. Fisher followed Mr. Hill with another amendment, embodying several resolutions— the first was a quotation from the Canadian resolutions of 1841, the others were condemnatory of the appointment of Mr. Reade, and approving of the resignation of the Coun¬ cillors on the ground that they could not consistently sup¬ port the action of the Governor.! Mr. Fisher prefaced his resolutions with an elaborate speech on the principles of Responsible Government, in the course of which he quoted a number of authorities, from Sir Charles Metcalf, Lord Stan¬ ley, Sir Robert Peel, and others. He commented upon the written “ reasons” for resigning, and especially in favour of the “ reasons” advanced by his colleague, Hon. Mr. AVilmot. Hon. Mr. Ilazen next rose and delivered an able speech (so accounted by the different newspapers of the day on both sides of politics) in behalf of himself and colleagues. He said that the same mail which carried the recommendation to * This was negatived—23 to 10. t Negatived—22 to 11. t Negatived—18 to 15. So far, then, the Governor’s conduct was ap¬ proved of. 1-G 1 22 POLITICAL NOTES 1845 England, brought him (Mr. IT.) information of the appoint¬ ment in a note from His Excellency, in which no opinion was asked, but the subject was studiously avoided. That notwithstanding this, he sent his opinion unasked imme¬ diately—that he had disapproved of the appointment from the first intimation he had received of it, and he had so far acknowledged Responsible Government, as to believe it to- be his duty to retire from the Government because he could not support it ; he next disposed of some rumours which had been whispered about, that it was wished to get some of the old compact in Mr. Readers place, and he showed with indig¬ nation that he was not of a family who could have belonged to the compact. After Mr. IT. sat down, Mr. Simonds stated that he did not intend at that time in the debate to make a speech, but he should wait until all the Lawyers had done, and then he would answer them en masse. Mr. Wilmot then rose, and having taunted the hon. member with his delay in the defence of the Government, proceeded to answer some of the observations which Mr. S. had made on a former day. He (Mr. W.) said that when he was first informed by the Governor of Mr. R/s appointment, he was told it was for the present, and it turned out afterwards that at the time he was so informed, the despatch had been written recommending the permanent appointment. This disclosure produced some sensation throughout the House and the Gallery, and it was made by Mr. W. to show the reason v T hy he had not imme¬ diately remonstrated against the appointment. Mr. Wilmot further said, that had the three remaining Councillors can¬ didly asked Ilis Excellency upon the meeting of Council to rescind their appointments, it would have been done—and he therefore charged the whole difficulty upon them. After Mr. W. had concluded, Mr. Simonds rose and observed, that as it was so late an hour (nearly 5 o’clock) the Committee had better report progress and resume the subject to-morrow morning at 10, when he promised to answer Mr. W. and what he called his misrepresentations. Hie next day Hon. Mr. Simonds rose in his place, and addressed the House with all the vigour and fire of his youthful days, when he stood forth almost alone as the champion of the people’s rights. He denounced the con- •3 IBHHaSI 1845 AND OBSERVATIONS. 123 duct of the retiring Councillors, charged them with a dispo¬ sition to wrest the prerogative from the hands of the Queen’s Representative, and aimed to introduce a state of things, which, if carried out, would lead to anarchy and blood-shed. Mr. John Ambrose Street condemned the appointment, and with much vehemence censured the fragment of the Council which still remained. At the same time, Mr. Street expressed his opposition to that part of Mr. Fisher’s resolutions which declared that the Secretary should be brought into the Execu¬ tive Council and hold his office only during the continuance of his colleagues in the Government. Notwithstanding all the liberal professions made on this occasion, it seemed hard for the Conservatives to swallow the whole dose. Mr. Wm. II. Street followed his brother, in a spirited speech. He insisted upon the continual action of the House until Mr. Readers appointment w r as revoked, and suggested an address to the Queen on the subject. Mr. Partelow followed Mr. Street, and stated unequivocally his opposition to the appoint¬ ment, and his w T ant of confidence in the remains —or rather the remainder—of the Government. Mr. Hanington followed and delivered a constitutional speech. Mr. Barbarie, of Restigouche, considered that the House had nothing to do with Responsible Government. It was Mr. Reade’s appoint¬ ment and nothing else that was before the House ; against which, as far as he had the power, he would raise the country —having disposed of Mr. Reade he would next destroy the trio-Government which existed, as summarily as possible.— Other Conservative gentlemen also declared themselves in direct hostility to the Governor, with so much repugnance indeed, that had the Reformers on former occasions, been half as clamorous towards the Queen’s Representative, while contending with their opponents for constitutional rights, they would have been stigmatized as the most seditious sub¬ jects outside of Newgate. u Men change, however, but prin¬ ciples never,” is an axiom sometimes used, and was quite relevant to the occasion under consideration. Mr. Fisher moved another resolution approving of the resignations of the ex-honorables, upon the ground that they could not support the conduct of the Lieutenant Governor, which was carried 27 to 5. Mr. Partelow next moved a resolution denouncing 124 POLITICAL NOTES 1845 the appointment of Mr, Reade, “ as an act of injustice to the people of this Province”—carried, 19 to 13. Mr. Fisher then moved, “ that the establishment of Constitutional Gov¬ ernment in this Province, by having the proper influence of the House of Assembly upon the Executive Government, and thereby affording a constitutional guarantee for its con¬ duct, renders a specific vote upon a single appointment of the Gov¬ ernment unnecessary” —lost, 22 to 11. The purpose of the Conservatives was served in the con¬ demnation by the House of Mr. Readers appointment.— What cared they, then, for Mr. Fisher’s attempt to give them a guide for future action ? It will be seen that among all the resolutions and amendments offered, the recognition of the leading principles of Responsible Government are recognised only in one or two instances, and then but verbally. Hon. Members dealt mostly with a speciality—a wrong committed in an individual case, but no provision is made for a future similar difficulty. There is no action taken to prevent the prerogative being exercised by the Lieutenant Governor, against the wishes of his future advisers, precisely as it had been exercised in the case of Mr. Reade. The inconsistency that manifested itself through this great struggle, afforded a painful evidence of the tergiversation of politicians. It was a war of loose principles—a contest on purely selfish grounds. While Responsible Government remained unrecognised by the Assembly, the Lieutenant Governor had as much right to exercise the prerogative in Hew Brunswick in his own way, as the Governor General had in Canada the year before, when the people of this Province justified the proceeding. Here is a specimen of the cant used by a certain hon. gen¬ tleman :— b “ They talk about the 6 Prerogative of the Crownno man disputes the right of the prerogative in making those appoint¬ ments, all parties agree as to this; the use of power is one thing, and the abuse of it is another. The prerogative is placed in the Governor’s hands to be exercised 6 for the benefit of the Province ’ over which he presides. Has this been the case in this instance ? no! what are the facts of the case regarding the late appointment? We find Sir William coming to this Province a few years since, and bringing with him a Mr. Reade as Private Secretary, whom nobody knew 1845 AND OBSERVATIONS. 125 or cared anything about. We find him acting in that capa¬ city until last January, when upon the vacancy occurring by the death of the late lamented hon. Mr. Odell, in the Secre¬ tary’s Office, behold this person of yesterday, having no claims whatever, holding no stake in the country, and pos¬ sessing 4 nobody’s’ confidence, is 4 thrust’ into the office over the heads of men who have long fought the political battles of their country, until they have grown grey-headed in its service. This is k carrying out the principles of Responsible Government’ with a vengeance.” The only 44 abuse of the power” above referred to, was that the Governor did not appoint a good Conservative to office, instead of his own son-in-law, a gentleman against whose qualifications nothing could be said. Had a Liberal (say Mr. Wilmot, or Mr. Fisher) been appointed by the Gov¬ ernor, it would have been just the same thing. Ilad Respon¬ sible Government been admitted instead of warded off, no appointment under similar circumstances could have hap¬ pened, and the country would have been saved all the tur¬ moil that followed in a four days’ debate, and an amount of acrimony against the Queen*s Representative, which up to that time was without precedent in our Parliamentary history. On the 20th Mr. Partelow moved the following resolu¬ tion :— 44 Resolved , that the present Executive Council in this Province do not possess the confidence of this House—nor of the country at large.”* To which Mr. Hill moved an amend¬ ment, which was in effect, that in consequence of the resolutions passed last Thursday, this House could not constitutionally sanction Mr. Partelow’s resolution. Mr. Fisher and Mr. Partelow then both rose at the same time, each having an amendment to the amendment in his hand, but Mr. Fisher hav¬ ing caught the Speaker’s eye first, Mr. Partelow had to give way, evidently much chagrined. Mr. Fisher then moved his amendment to the amendment, which went on to define the principles of Constitutional Government, and wound up by asking the House to allow the Government more time, before taking so important a step. The Speaker, after reading the amendment to the amendment, said he could not receive it upon the ground that a certain part thereof contained a reflection against a portion of the House which was unpar- *The Council now consisted of only three gentlemen—viz: Hon. Mr. Simonds, Hon. Mr. M‘Leod, and the Solicitor General. 126 POLITICAL NOTES 1845 liamentary. This opinion was disputed by the Hon. Mr. Simonds and others, and upon the House dividing, a majority was in favour of its reception, and it was therefore received accordingly. After a very spirited debate, which lasted upwards of four hours, the question was taken upon each of the amend¬ ments, and both were lost. Mr. Partelow’s original resolution was then put and carried by a majority of 22—9, there being two members who did not vote, Hon. Mr. Simonds and Mr. J. Earle, the former because he did not think it right that he should do so—the latter because he had left his seat before the question was taken. Thefollowing are the names of the mem¬ bers who voted against Mr. Partelow’s resolution Messrs. Hill, Boyd, Thomson, Gilbert, Fisher, M‘Leod, Connell, Payne, and Colonel Allen. Whatever may have been thought of the minority at that day, when the excitement ran so high, when the voice of the country (in and out of the Legislature) was in favour of the political denudation of the Lieutenant Governor, so much so that it was considered culpable to oppose the popular outcry, we may now calmly look back after the lapse of twenty years, and pronounce an unprejudiced opinion upon the whole affair. It was the first time that a vote of want of confidence in the Government was ever voted in our Legislature; and this vote was sustained by members, especiallv the mover himself, who had all along denied any ministerial responsi¬ bility to the House, indeed, that the House had any right to meddle with the acts of the Governor or the Government. Had there been political honesty observed throughout, and the majority of the House been aiming to mend their ways_ had they shewn the least disposition to mount the stool of l epentance ; having been made the victim of their own obdu¬ racy, had they now sought to improve upon the lesson taught them, so that in the future no more such difficulties could arise then, in such case, Mr. Fisher, as a constitutionalist, could no more have gone against the resolution than he could have laid violent hands upon one of his own offspring. While the discussion lasted, the galleries of the House and the lobbies were crowded to excess, as if the fate of the Piovince hung upon that of Mr. Partelow’s resolution.— Whenever a good point was made by any of the speakers, it 1845 AND OBSERVATIONS. 127 was with the utmost difficulty that applause from the gallery could he restrained; but when the resolution was declared carried—viz: “ the vote of want of confidence” in the trio Government, the vox populi became furious. A tremendous round of applause burst forth, from “box, pit, and gallery” —whilst the cry of—“ order”—“ order”—from the Speaker’s chair, with lungs stentorian, added to the confusion, and by no means improved the dignity of the House. On the 22nd Mr. Partelow moved the following resolu¬ tion : —“ Resolved , That the Resolution passed in the Com- “ mittee of the whole House on the thirteenth February “ instant, and which was adopted by the House, relative to “ the recent appointment of Provincial Secretary ; as also the “ resolution of the House of the twentieth day of the same “ month, expressive of a want of confidence in the present “ Executive Council, be submitted to His Excellency the “ Lieutenant Governor;—and that an humble Address be “ presented to His Excellency, praying that His Excellency “ will be pleased to transmit the said resolutions by the first “ mail to the Right Honorable the Secretary of State for the “ Colonies.” The lion, member in introducing this resolution, said that his object was to put the Home Government into the earliest possession of the feelings of the House of Assembly upon the subject of the late appointment, and as the mail would close here on the following Tuesday, there was no time to be lost. If the appointment of Mr. Reade had not been confirmed before the mail reached England, he (Mr. P.) thought that the probability was, that with the information now about being sent, it would not be confirmed. Another long debate followed the reading of this resolution, occupying fully three hours. Mr. Wark said that he would not cease to give his consti¬ tutional opposition to a Government avowing such principles as those enunciated by one of its new members (Mr. M‘Leod.*) * Mr. M‘Leod had informed the House that he “ acknowledged the prin¬ ciples of Responsible Government, as those which should govern him, except as to appointments to office; and said, that as nobody but the Gov¬ ernor could exercise the prerogative, nobody else could be answerable for it.” Mr. M‘Leod, in saying this, was only consistent with the conduct of the House in regard to its action in favour of the Governor General before re¬ ferred to. 128 POLITICAL NOTES 1845 He said the House should now make a firm stand, as a state of things existed which had no parallel in any Colony. Mr. Hill said there was no constitutionality in any of the proceed¬ ings. Considering the undefined, unsettled state of the Con¬ stitution, the House had no right at all to proceed in this personal matter. Mr. Simonds informed the House that he had tendered his resignation, in consequence of the vote on the 20th, but it had not been accepted ; that the Governor could accept or not as he pleased ; that it was his opinion when¬ ever a want of confidence vote passed, the members of Coun¬ cil should tender their resignations, and if the Governor would not accept them, they should hold on. That they were now thrown back on what was the old Constitution of the Colony a long time ago, and that was where they ought to he—that he had sent a written resignation, wherein he had stated his fears that it such principles of Government were carried out in this Province, as were in operation in Canada and Nova Scotia, it would prove fatal to the peace and prosperity of the Province—that the Governor could only select such Coun¬ cillors as would support what he had done—and that he could not have taken any from the majority of the House without prostrating the prerogative, and handing it over to the Assembly that the Government had now a quorum for business, and that further additions would be deferred till the Governor heard from home ; and that he would stand or fall by the decision there. Mr. Hazen followed, and dealt the members of the Government heavy blows. Mr. Wilmot denounced the Government as an insult to the House and country and said, that if the fragment had tendered their resignations, and they were not received, the whole respon¬ sibility would now be concentrated upon the Governor; that it the Governor would not accept the resignations the Coun¬ cil should have self respect enough to withdraw from the Board ; that the Government was now degraded in the esti¬ mation of every right thinking man ; that the last proceeding oi the Executive was a mockery, and worse—it was a political abomination. Mr. Brown expressed his satisfaction that a quorum for business had been formed, and hoped the public business would be no longer delayed. Mr. Street, (J. A.) next assailed the Government in strong terms. Mr. End, 1845 AND OBSERVATIONS. 129 also Dr. Earlo, indignantly condemned the Executive pro¬ ceedings, and the latter warned his colleague (M‘Leod) that he would give him every constitutional opposition. At the close of the debate the resolution was carried with¬ out a division, and a Committee appointed to frame an Address to the Home Government. A correspondent, addressing the writer, under date Fredericton, February 22nd, 1845, thus remarked in regard to the extraordinary feelings and action of the House, in con¬ sequence of “ the fragment” keeping their places :— “ The House have come to the conclusion to stop all the extraordinary supplies, and grant nothing but for the ordi¬ nary services of the country; or in other words, not to place a single shilling of money, more than they can possibly avoid, in the hands of the present Government. Several of the leading members of the House, I may say all, (except those who still hold on to Sir William Colebrooke), gave notice of their fixed and settled determination to use every constitu¬ tional means in their power to oppose and embarrass the present Government; that never since the days of Charles the Second had any House of Assembly been placed in so degraded and humiliating a position, as they at present felt themselves—their power prostrated, and their solemn reso¬ lutions treated with the most perfect contempt; in fact, they were told plainly by one of the Government, (Hon. Mr. Simonds), that a resolution of that House was no better than the 4 marginal note of an old newspaper’—and to crown all, they had come into that House and chosen one from the small minority, to assist in filling up the Council. “ Mr. End in his speech upon the subject said, that he didn’t believe there was a schoolboy, ‘ a plain, homespun dressed, hard fisted ’ schoolboy, from one end of the river St. John to the other, placed in the situation of the present Secretary, that would not at once say to his father-in-law, (Sir), sooner than be the means of setting the whole country in commotion, and prostrating the Government ot the 1 ro- vince in this way, I beg leave to tender you my resignation and my ‘ six hundred ’ a year. “ Hon. Mr. Simonds read a copy of a letter to His Excel¬ lency, in which he had tendered his resignation of the ofhce of Executive Councillor, but at the same time, told His Excel¬ lency, that he considered His Excellency ‘ right,’ and the House wrong. There can be no doubt but that it was per¬ fectly understood between His Excellency, and the three Councillors who remained in the Government, (the other two I believe I may say, having also tendered their resignations), 130 POLITICAL NOTES 1845 that their resignations would not he accepted, Mr. Simonds having declared during his speech, that unless His Excellency chose to accept his resignation, ‘ he should not retire.’ ” The following is the Address, given without abridgment, by way of showing the crude notions formerly held with regard to the working principles of Responsible Government. The lines italicised by the writer are worthy of special attention. Indeed, this Address, although lengthy, is well entitled to the space it occupies, inasmuch as it embraces the entire'history of the grievance complained of, as well as an elucidation of the peculiar Conservative political views held in 1845 •_ “ TO THE QUEEN’S MOST EXCELLENT MAJESTY. The Humble and Dutiful Address of the House of Assembly of Dew Brunswick . “ May it please Youk Majesty,— “We, Your Majesty’s faithful Commons of Hew Bruns- wick, beg leave to approach Your Majesty with renewed expiessions of attachment to Your Majesty’s person and Government. “We have frequently hoped that the time would he far distant when complaints from this, Your Majesty’s Loyal 1 rovince, should be heard at the foot of the Throne ; but the prerogative of the Crown having been recently exercised by . . Excellency the Lieutenant Governor in a manner so injudicious and so unjust, as to cause dissatisfaction through¬ out the 1 rovince, we deem it our unavoidable duty to bring under ^ r °. ur Majesty’s gracious consideration. Your Majesty will have already received intimation of the recent demise of the gentleman who held the highly important office of Provincial Secretary—the filling up the \ acancy by Ilis Excellency the Lieutenant Governor’s appoint¬ ment of his Private Secretary and son-in-law, and the conse¬ quent retirement of four members of Your Majesty’s Exeeu- ive Council. Upon the reasons which induced such retire¬ ment, the Assembly were bound to express a deliberate opinion,- and these members have been sustained, in the Constitutional steps which they had thus taken, by an over¬ whelming majority; while at the same time, a vote of want of confidence in those who remained in office and sanctioned ie appointment, has passed the Assembly, with such an expression of opinion as cannot fail to demonstrate to Your Mfjesty the true state of public feeling. H5« 7 ^ ot ^’ ltllsta i ndlI1 g such expression, we lament to say, that or rcin^i fi UCy h . as . not fought proper to accede to the wishes, regaid the opinion of Your Majesty’s faithful Commons; 1845 AND OBSERVATIONS. 131 but on the contrary, has declined to accept the resignations which the Assembly are led to understand arose out of such expression, and moreover has selected from the small minority of nine, who voted in the House against the resolution of want of confidence, gentlemen to fill two of the vacancies, who have already been sworn into office. “ The Assembly forbear to remark upon this unusual and extraordinary measure of the Provincial Government; nor do they in the remotest degree question the prerogative in its undoubted right to make such appointments, or to call to the Councils of the country such gentlemen as the Grown may consider best qualified to discharge the Public Duty. It is only on the improper and the unjust exercise of such a right, that the Representatives ot the People consider it their imperative duty to express an opinion, and humbly and dutifully to lay such opinion at the foot of the Throne. “ Your Majesty’s faithful subjects have always understood, and it is a principle invariably recognized by the most illus¬ trious statesmen in the Mother Country, that the patronage of the Crown should be exercised in the Colonies with due regard to persons, whose zeal and ability in the public ser¬ vice entitle them to claims for preferment; and that the government of a Colony should be conducted according to the well understood wishes, feelings and opinions of the country. “ Such principles have been acted upon in Canada and the other neighbouring Provinces; and Lord Metcalf, the present distinguished Governor General, in various Public Addresses, has thus expounded the principles of Colonial Government‘ It will ever be my earnest endeavour to promote the welfare and happiness of Canada; to do justice to all parties; to know no distinction of races and creeds; to make appointments to office according to merit and just claims, and the efficiency of the public service ; to consult in all acts of the Government the interests and wishes of the people to maintain their rights, no less than the prerogative of the Crown, unimpaired,—regarding the latter as valuable only when it conduces to the benefit of the country; —and again—‘ If you mean that the Government should be admin¬ istered in accordance with the well understood wishes and interests of the people; that the resolutions of September, 1841, should be faithfully adhered to; that it should be com¬ petent to the Council to offer advice on all occasions, whether as to patronage or otherwise, and that the Governor should receive it with the attention due to His Constitutional Advisers, and consult with them on all cases of adequate importance; that there should be a cordial co-operation and sympathy between him and them ; that the Council should be responsible to the Provincial Parliament and the people; 132 POLITICAL NOTES 1845 and that when the acts of the Governor are such as they do not choose to be responsible for, they should be at liberty to resign;—then I entirely agree with you, and see no impracti¬ cability in carrying on Responsible Government in a Colony on that footing, provided that the respective parties engaged in the undertaking, be guided by moderation, honest purpose, common sense, and equitable minds, devoid of party spirit.’ “ Such are the principles laid down by Lord Metcalf; and as the policy of Your Majesty’s Government has inva¬ riably been, and still continues to be, to apply one uniform principle to all Your Majesty’s North American Colonies; •and as that distinguished Nobleman has been sustained in his views by Your Majesty’s most gracious approbation, the people of this Province, through their Representatives, have cordially responded to such principles, and have considered them applicable to the condition of Your Majesty’s Loyal Subjects in New Brunswick. “ Whether these principles have been carried out by the Provincial Government, either in making the appointment complained of, or in the ulterior step with reference to the Executive Council, the Assembly submit to the gracious con¬ sideration of Your Majesty. They cannot however but lament, that in the disposal of this highly important and lucrative Office, ‘merit and just claims,’ so emphatically expressed by Lord Metcalf as constituting the leading prim ctple in distributing the patronage of the Crown, have been most unjustly disregarded; and the peace and contentment of Your Majesty’s Loyal Subjects in this Province have thus unhappily been disturbed. • . intend to pass the Revenue and Appro¬ priation Bills, and to forward all other business in which the country is interested, notwithstanding this unfortunate col¬ lision with the Executive Government; thereby disarming any imputation that they are influenced by a factious desire either, of embarrassing the Government or neglecting the great interests of the people. “ It is upon Your Majesty alone that the Assembly confi- c en y le y foi a redress of their complaints; and they there- fore earnestly and fervently pray that Your Majesty may most graciously be pieased to take this their Humble and „,,^ lfu 7 .4^ d v 8S u ^°. y°V r R °Y al consideration, and grant re lef to T our Faithful and Loyal Subjects as the present exigency demands. 1 J. W. Weldon, speaker Souse of Assembly, Sew Brunswick.” Souse of Assembly, 2bth February, 1845. This Address was carried—24 to 6. 1845 AND OBSERVATIONS. 133 CHAPTER IX. King's College—Character of its Charter—Discussion on its amendment — Objection to the Church of England power in the College Council — The Lord Bishop of Fredericton — Theologi¬ cal Chair — Passage of the amended Charter through the House —Discussion in the Legislative Council on the subject—Carried in the Council — Tractarianism—Strong feelings in opposition expressed — The overthrow of Proiestanism feared — Registra¬ tion of Voters—Fees of the Secretary's Office—Roman Catholic Bishop in New Brunswick — Closing of the Legislature. The next important debate was in reference to King’s Col¬ lege. On the 24th, on motion of Mr. L. A. Wilmot, the House went into Committee of the whole on “ A Bill to amend the Charter of King’s College.’' By showing briefly the amendments proposed, an insight will be had into what was considered to be the exclusive character of the Charter as it stood up to this time. Persons outside of the pale of the Church of England considered that as the College was intended for the use and behoof of the whole Province, and most liberally sustained by its funds, there should be noth¬ ing in its government or control calculated to excite the jealousy and religious scruples of any denomination; but that all should be, as nearly as possible, on an equal footing within its walls. In order to meet the objections raised, the first proposed amendment to the Charter, was to remove the Lord Bishop of the Diocese from the office of Visitor , and substitute the Lieutenant Governor. Then, that the Chief Justice should be Chancellor in the place of the Lieutenant 134 POLITICAL NOTES 1845 Governor; and that the provisions of the Charter, to the effect that the President of the College shall be a Clergyman of the Church of England, and that the Archdeacon of the Province shall, by virtue of his office, be at all times the Pre¬ sident of the College,—be annulled; and that the President thereafter shall be appointed by the Queen, or her Represen¬ tative. The second proposed amendment fixed the members of the College Council at 15, and showed what officials should be included—its recital is not important—seven members were to constitute a quorum for the transaction of business. The third amendment was to abolish the rule which rendered only those who had graduated in the College as competent to take part in its management; and that no religious test should be required thereafter of any person appointed to the College Council, except with regard to the Professor of Theology, “ who shall at all times be a Clergyman of the Church of England. 55 Instead of being obliged to subscribe to the “ Thirty Nine Articles of Religion, 5 ' any person taking a degree shall be merely required to name and subscribe the following and no other declaration—“ I do hereby solemnly “ profess, testify and declare, that I believe in the authenti- “ city and Divine Inspiration of the Old and New Testaments, “ and in the Doctrine of the Holy Trinity." The appoint¬ ment to Professorships to be with the Lieutenant Governor— nor were the incumbents any longer obliged to be members of the Church of England as a pre-requisite condition.— Divine service to be conducted according to the order, rites and ceremonies of the Church of England. These were the material amendments proposed to the Bill. The debate which followed was very lengthy and stormy— in which the representative of every denomination felt that he was in duty bound to improve the opportunity of let¬ ting the College have a bit of his mind. Notwithstanding the majority of the House belonged to, or professed them¬ selves to be members of, “ the Church, 55 the amendments found in them willing and stout advocates. In the march of liberal principles the College would not be allowed to stand as a bulwark against the innovations that were daily gaining ground. The College Council made a stand against the amendments, and petitioned the Legislature. The Constitu- 1845 ANI> OBSERVATIONS. 135 tion being established by Royal authority, it was denied that the Local Legislature could in any way interfere with the Charter. Even if the Legislature should pass the Bill, the Council would not feel themselves obliged to abide by it. Mr. Wilmot insisted that the Legislature had the right to interfere, and asserted his reasons at considerable length. The College had been in receipt of £2,200 a year annually from the Province (as provided for in the Civil List arrange¬ ment)—and it was denied that its usefulness was adequate to the expense entailed for its maintenance. One of Mr. Wil- mot’s chief objections to the existing state of things,—and for which one of his amendments was to provide,—was that every member of the College Council was obliged to sub¬ scribe to the Thirty Nine Articles of the Church of England ; and that the mismanagement of the Institution had driven or kept students away from it. Another hon. gentleman re¬ marked that King’s College “ was the best endowed estab¬ lishment in North America, and effected the least good of any one.” Dr. Thomson (of Charlotte) thought that “ the College had better be destroyed altogether than remain as it was. It was perfectly absurd to have a University of this kind in a Province of only 150,000 inhabitantsand that “ it was one of the visionary projects of Sir Archibald Camp¬ bell.” Mr. J. A. Street said that “ this College affair was an annual offering for hon. members to warm themselves over;” and it was owing to the “ extreme notions of hon. members that the Bill did not pass elsewhere. An amendment had been urged upon the House last year, to the effect that the new Bishop* upon his arrival here should be an ex-officio member of the Council; but a majority of the House had thrown it out; after which they should not talk of narrow¬ mindedness. If this amendment were introduced and sus¬ tained he would support the Bill,” as he considered the Col¬ lege stood in need of improvement; and that “ it was not pro¬ perly managed.” Mr. Street explained his reasons for com¬ ing to this conclusion. Among others, he considered it “ disgraceful to the College Council, that when any gentle¬ man of the Province sent a son there, expecting him to * The Right Rev. Dr. Medley, who arrived in New Brunswick to tako charge of the new Diocese, just set apart from that of Nova Scotia. 136 POLITICAL NOTES 1845 receive a liberal education, to find upon bis return that be had not been taught any language but the dead languages.” He was “ glad to have the opportunity of expressing his dis¬ approbation of the Council in this instance.” Mr. Wark “ was opposed to the Bishop being a member of the College Council, unless the Legislature had power to remove him.” He “ denied that there was any established Church in the Colony,” that such a privilege should be conferred upon the head of one denomination more than another. He would “ also protest against the use of the word ‘ dissenter.’ ” “ To “ show (said Mr. Wark) that the Church of England had no “ right to assume that there was no other Church in the Pro- “ vince, and that consequently members of the Council of “ the Provincial College must subscribe to the Thirty Nine “ Articles, he would call their attention to the returns he “ held in his hand, whereby it would be seen that the Church “ of England had 61 places of Worship in the Province; or “ not quite two ninths of the whole. 55 He hoped that “ the majority in the House, although Church of England men, would not overlook the claims of other sects. 55 Mr. Haning- ton “ ridiculed the idea of wasting their time about the name “ of a Church, or quarrelling about the form of prayer to be “ used in the College. As to the College Charter, the hon. “ member (Mr. Wark) was altogether mistaken about it; it “ was not drawn up, or carried by the Church of England, “ but by the Legislature of the Province. There was no “ connection between the College and the English Church— “ neither did he think the former was of any benefit to the “ latter, except as an establishment for education, which was “ open alike to the people of all denominations. 55 Mr. J. A. Street next grappled with the arguments put forth by Mr. Wark. “ He would rather see the building torn down than that it should lose its religious character. 55 He was 66 sur- “ prised that the hon. member had called in question the “ importance of a Theological Chair in the College. It was “ his (Mr. S.’s) firm opinion, that if this were abolished, in “ lefcs than a quarter of a century hence the Institution "would assume a Unitarian character. 55 * *The Theological Chair has since been abolished by a subsequently amended Charter. AND OBSERVATIONS. 137 1845 Mr. Wilmot was not opposed to the Bishop holding a seat in the College Council, hut not as an ex-officio member. He said * “ the College Council had presumed upon their Charter, “ which they thought could not be touched ; but he thought “ the House, if firm, would find means to bring them to their “ senses yet. He (Mr. W.) had been at some pains to hunt “ up the original grant of the lands held by the Institution, “ and which they had without scruple applied to its use ; and “ by this grant ho found that those lands had been given to “ the College in trust, for the support of a town school in « Fredericton for ever! In 1800 the Trustees had departed “ from their duty, but the rights of the people of Fredericton “ to those lands was not yet gone—their rights were not yet “ foreclosed. And he as a lawyer would assert that the title « 0 f the College to the lands was not good. In saying this, “ he was not the enemy of the Institution; he had no desire “ to take any advantage of his discovery, but those who had “ pretended to be the friends of the Institution were its “ real enemies. He would repeat that he would take no “ advantage of his discovery, provided they did not build “ their pretensions upon vested rights, for it was outrageous « t h a t the House should be told that they were not fit to be “ entrusted with the management of the College. If nothing « could be done soon, he would feel it his duty to stir up his “ constituents in Fredericton to seek their rights, and he had “ not the slightest doubt but they would obtain them. The “ original grant was now on the table, open for their inspec- “ tion, and any lawyer would see that it was given in trust “ for the support of an Academy or School in the town of “ Fredericton for ever, and that right had been given up. “ But this should be his last resort—he did not wish to take « advantage of it; for £47,000 had already been expended on “ tbe College, and he did not wish to see it thrown away. “ He would be sorry to see the Institution destroyed, but « would do his best to build it up and render it more useful.” The above digest conveys the salient points of a debate, which occupied a good portion of a day, and the speeches ot which would fill, at least, ten columns of an ordinary size newspaper. The reader has therefore before him all that is * Copied from the Head Quarters, March 15. 18 138 POLITICAL NOTES 1845 worth preserving in this form. For' full particulars, which the design of this work does not provide, reference must be made to the reported debates of the day. The Bill passed the House by a large majority ; and was taken up to the [Legislative Council, for its concurrence. As this body at that time was considered to be somewhat fossi- lated in its opinions, especially in its leanings towards the Church of England, nearly every member of which, as pre¬ viously noticed, belonging to that communion, it was doubt¬ ful as to the nature of the reception the measure would meet with in that quarter. It was apprehended with fear, by some of the best friends of the Bill in the House, that the Council would show their offspring but little mercy; and that it was not at all improbable that they would strangle it, by making such amendments as it would have been impossible for the House. to accept with consistency. But it will appear by a synopsis of the debate in that branch, here given, that the Legislative Council were imbued with as tolerant a spirit as could reasonably have been expected by any denomination.* The Solicitor General denounced the proceeding by Bill to amend a Royal Charter as illegal, without the consent of the Corporation; as unconstitutional without the previous consent of the Crown; and as unprecedented at home or the British Empire : and defied the sup- iL nu f ^ Bl t0 produce a Precedent for such a proceed- b \ !' e hon - gentleman argued the question with all the ^cal and acumen of a lawyer, and called upon every honest • ' ae hearted Churchman to oppose the Bill, as threaten- M° ' e interests and prosperity of the Church. The Hon. Mr. Botsford answered the arguments as to Church interests, fortt^E^/n 6 1 Instituti0Q ^s a public one, designed bv . u ' efi °f- a CkSSeS ’ endowe d by public moneys paid by all denominations; and condemned the call upon Church- nien to oppose the Bill, and urged upon the Council their uty to legislate for all classes, without preference for any denomination. The Hon. Mr. Kinnear maintained that the Feeding was ° ga ’ constitu tional, and supported by pre¬ cedent. It was legal, because the Charter had its origin in 19th December, 1846*. t0 ^' n ^ an< b an< f received Her Majesty’s assent on the 1845 AND OBSERVATIONS. 139 Legislative enactment, and was endowed by the same autho¬ rity, and therefore could be acted upon by the same power ; it was constitutional, because it was an established mode of obtaining the Royal assent, and it could not become a law until that assent was given, and it had an exact precedent in Canada in an Act of 1837, which had received the Royal assent. The Solicitor General having challenged his oppo¬ nents to produce a case where a College, with power of con¬ ferring degrees, had been established or originated by a Le¬ gislature, Mr. Kiimear produced the cases of two of the ^7ova Scotia Colleges—Acadia and Dalhousie. Hon. Mr. Johnston claimed for the Legislature of the Province, the right of legis¬ lating on the subject, because of the endowment from the public funds. He gave it as his opinion, that the manage¬ ment of the Institution hitherto had proved the necessity of a change in the governing body, and that the infusion of a little plain practical common sense into the Council would be of great service. He thought one great mistake in the management had been, that a parcel of children or boys, were dealt with as the young gentlemen at Oxford; that they might study or not as they pleased, which was an absurd principle. He was a member of the Church, and therefore desired to see the Charter amended, and to see the Institution flourish. He felt a deep interest, because he had sons to whom he wished to give the benefits of a sound Collegiate education ; but he would say, that if conducted as heretofore, he would never send one of his sons to it, as from the best information he could get, he was satisfied it would be a waste of time. Hon. Mr. Hatch followed in support of the Bill He approved of the liberality of the other House in retaining the Theological chair with the Episcopal Church, and requir¬ ing daily prayers to be said according to the forms of that Church; he would not support any measure which would deprive the Institution of the guides and blessings of religion; he thought the Church was not endangered by the Bill; he would be sorry to think that the Church required the walls of a College to protect it; there was no danger of it, if its ministers and members adhered to the sound principles of the Reformation. Hon. Captain Owen followed in support of the Bill, but added nothing new to the former arguments. 140 POLITICAL NOTES 1845 The Hon. Mr. Cunard approved of the Bill, and pronounced its opponents to be the greatest enemies to the Church. Hon. Mr. Saunders (one of the College Council) opposed the Bill as unnecessary, and uttered a very warm laudation upon the College—complimenting professors and students. He also dwelt strongly on the character of a Royal Charter, and condemned any attempt to amend by Bill. The Hon. Attor¬ ney Genera] declared that the Charter could never be amended, except by Legislative enactment—and therefore strongly supported the Bill. He made an extraordinary disclosure respecting the original application of the Crown for a Charter; that the Act of Assembly of 1823 was based upon a draft of a Charter which was sent home—a copy of which he now had in his office—that it was much more liberal in its provi¬ sions than the present one; but that in 1828, to the surprise of Sir Howard Douglas, the then Lieutenant Governor, the present Charter came out, copied from one obtained by the machinations of Dr. Strocker, for Upper Canada; and that Sir Howard was so dissatisfied with its exclusive and illiberal character, that he would not lay it before the Assembly, until shortly before he left the Province, in 1829; when, by some extraordinary influences, he had procured a bare ma¬ jority in the Assembly to accept of the Charter, and grant the endowment. The Hon. John Robertson followed, and with the aid of a pamphlet, containing the history of Xing’s College, Toronto, he confuted the Solicitor General's argu¬ ments. He adduced a case where the Charter of Trinity College, Dublin, had been twice modified by Act of Parlia¬ ment ; and showed that Maynooth College was created and established in 1795 by Parliamentary enactment. He read some strong opinions of Sir James MHntosh, Lord Stanley, and Sir George Murray, against the exclusive character of King s College, Toronto ; and clearly sustained the position that the College here should be under Legislative control. Hon. Mr. Black stuck to the Charter, and pronounced it good , and after some sharp shots, and a little confusion, the principle of the Bill was sustained—8 to 6. As previously stated, the Province of l$ew Brunswick had just been set apart as a separate Bishopric from that of Nova Scotia; and the first Bishop appointed was the Right Rev, 1845 AND OBSERVATIONS. 141 Dr. Medley, Prebendary of Exeter Cathedral. In advance of his Lordship’s arrival, rumours were industriously circu¬ lated with regard to his evangelical principles—it was said (and it found its way into the newspapers) that he was strongly imbued with Oxford, Puseyitic, or Tractarian notions ; and that instead of strengthening the bulwarks of the Church in New Brunswick, they would certainly crumble to pieces under his teaching. These opinions were exten¬ sively entertained by persons of different persuasions ; and, as in all cases where prejudice unwittingly forces itself upon the understanding, every Christian, (or rather large numbers of them, within or without “the pale,”) felt himself called upon to come forth and do battle with the invisible foe, who, by report, had threatened on his arrival in the Province, to lay sacrilegious hands upon the orthodox faith of their Church —in other words, to disturb, by garishness and unseemly forms and ceremonies, the religious convictions of all good Churchmen which had been inherited from their fathers, without spot or blemish, and which, they thought, it was their special duty to cherish, and transmit unimpaired to their posterity. (The reason for referring so specially to these matters, will present itself in what follows.) The Legislature was imbued with a similar feeling. The same suspicions which disturbed the serenity of Churchmen out of doors, were strongly felt and echoed within those walls, where “the wisdom of the country” is supposed to find a habitation two months in every year. Accordingly, anything that emanated, or was likely to emanate, from those inclined to favour “the establishment,” or to consolidate the new Diocese, was strictly scrutinized in the Legislature, in order to discover if the aim and object were not to sow the seminal seed of discord, and insidiously bring the whole Church under the full control of a hetero¬ dox Bishop. The spirit thus evoked will be found below. On the 8th March, Mr. Partelow moved the order of the day, that the House go into a Committee of the whole in further consideration of the Supplies to be granted for the public service. No discussion of importance arose until Mr. J. A. Street moved the following Resolution—“ That 142 POLITICAL NOTES 1845 “ there be granted to the Venerable the Archdeacon Coster, “ on behalf of the Church Society of New Brunswick, the “ sum of X7 2 5, being a return of duties paid on books “ of a religious character, imported for distribution by the “ said Society.” Mr. End wished to know if there were any of the Oxford Tracts included in the importation, for which a return of duties were asked. Mr. Street said he was not aware—but he did not think that such Tracts were likely to be among them. Mr. End contended that such Tracts were calculated to do harm—therefore the duties should not be returned. Mr. Crane (he said) had imported objectionable books in the same way, and he (Mr. End) thought the public money ought not to be expended, unless the Committee knew the character of the books imported. Mr. Taylor remarked, in substance, that he would oppose no grant for books in unison with the declared Articles of the Church of England ; but he was fully satisfied that the books then under consideration were not calculated to pro¬ pagate the true doctrine of that Church . He knew that many of them were objectionable and dangerous. Mr. Barbarie was satisfied that the books were all right, and would do no harm to none who did not seek to do mischief to themselves, in consequence of their narrow, contracted views. Mr. "Wark named a number of the books which he considered to be objectionable. (The names are not given in the re¬ ported speech.) But he said there were many other Societies which imported books, calculated to have a bad tendency, besides the Church Society. Mr. S. Earle said that it appeared to him that it was only necessary to mention the word Church, to have immediate opposition to whatever was proposed. Mr. Hanington denounced the controversy upon so futile a pretext for withholding the grant. Mr. Fisher would support the resolution—if upon no other ground than that of charity—charity to all denominations, for the dissemination of all books not repugnant to the teachings of the Scriptures. Mr. Wilmot remarked, that though he was not opposed to the grant—nor yet willing to scrutinize the character of the books—still it had lately become obvious to every observer that errors of an alarming kind had exhibited themselves within the pale of the 1845 AND OBSERVATIONS. 143 Church of England.* “ It is with grief and pain (said Mr. “ W.) that within a few months past I have found that from “ one of the pulpits in Fredericton, instead of ‘ peace on earth “ and good will towards men,’ being preached, there have “ been a series of unchristian tirades against Dissenters, and “ the most untiring efforts to stir up strife and dissension “ among differing denominations who have heretofore lived “ together in Christian harmony and good will.” Mr. Brown could not allow to the Church of England in this Colony any privilege which he did not claim as belonging equally to the Church of Scotland. He said the Oxford Tracts and Dr. Pusey had been discussed. He was himself aware, that in the most celebrated of Dr. Pusey’s Tracts, the doctrine of transubstantiation was almost openly acknow¬ ledged, and in his (Mr. B.’s) opinion, it was intended by the high-church party to support that doctrine. Mr. Boyd said that the present discussion did not originate with the Dissen¬ ters, but with the Churchmen themselves, who now appeared in the House as members of a divided Church. Other members spoke after Mr. Boyd. The resolution was finally sustained without a division. Happily, at the present day, we are free from all such religious bickerings and jealousies—there is no attempt at Church dominancy, socially or politically. The spirit of the times is repugnant to a desire, even if it existed, for undue ascendancy—one denomination over another. By common consent the sword of dissension has been sheathed. Politics and Religion have thus liberally kept pace with each other. The Pulpit resounds no where in JSTew Brunswick with the bigotted tirades of a contracted Theology. Minis¬ ters and Laymen, for the sake of the great essentials of Christianity, have long since agreed to ditfer over minor and unimportant matters. Each denomination peacefully pursues the tenor of its way, without clashing, or interfering, one with another. The next subject of interest was Mr. J. A. Street’s Bill, for the Registry of Votes at Elections. This was a fair trial of strength on both sides, and the most powerful efforts, of influence and talent, were brought to bear upon it. It lasted * Vide Head Quarters, March 12, 1845—(then published by Mr. Phillips.) 144 POLITICAL NOTES 1845 for the greater part of the day, (the 10th), and on a division, the numbers were, 15—15 ; and Mr. Gilbert, who filled the Chair of the Committee, decided in its favour. His Honor the Speaker, however, who was a warm advocate for it while in debate, decided that the Bill was virtually lost in the House, as two hon. members, Messrs. Fisher and End, who were absent on business, would, if present, have voted against it. It was then decided that progress should be reported, the Hon. Mr. Hazen promising that he would assist its framer in making it more perfect. (The discussion was renewed on the 14th, and' the Bill thrown out—15 to 12.) The Legislative Council sent down their assent to a Bill which had previously passed the House, (considered at the time to be highly important), for abolishing the fee of 30s., paid into the Secretary’s Office by Ministers of different- denominations, in order to the solemnization of Matrimony. The payment of this fee was always objected to. Lengthy discussions in the newspapers were for many years carried on—for and against the principle. The exaction was pro¬ nounced by the opposition to be repugnant to the spirit of the Marriage Act. The Council also assented to a Bill for transferring the fees that had always been paid into the Secretary’s Office—and ap¬ propriated by the Secretary as his private perquisites, amount¬ ing to about £500 a year—over to the Receiver General, to be placed by him into the general revenues of the Province. This was also thought to be an important step in the right direction. A Bill, introduced by Hon. Mr. Simonds, was taken up for discussion—the object of which was the “ Incorporation of the Roman Catholic Bishop in Hew Brunswick”—which finally passed the House unanimously. It appears that Mr. End had introduced a Bill for a similar purpose the year be¬ fore, which was lost in the Legislative Council, through the opposition of the Law Officers of the Crown, who asserted that it was unconstitutional. Mr. End now complained that he had been unfairly dealt with, that supposing the Law Offi¬ cers were of the same opinion as they were last year, he con¬ ceived it useless to introduce such a Bill again. Hon. Mr. 1845 AND OBSERVATIONS. 145 it Simonds stated that the Bill had the sanction of the Govern* ment,and had been examined by the Law Officers of the Crown, who saw nothing objectionable in its provisions—that the Right Rev. Dr. Dollard, the present Bishop, approved of it, and was very desirous that it should pass ; that it was copied from a Bill which had recently passed in Canada, and had been delayed for the purpose of procuring the Canada Bill.— Messrs. Hazen and Fisher commented severely upon the observations which were made in the Legislative Council last Session. On the 14th April the Legislature was prorogued. In His Excellency’s speech an indirect reference is made to the late misunderstanding between the head of the Government and his advisers. This Session perhaps had been one of the most stormy in our Provincial Record. It required just such peb¬ bles to be thrown into the brook, (Mr. Reade’s appointment), to cause a ripple upon the political surface, which had up to this time been calm and stagnant. The various attacks here¬ tofore upon, and in defence of, the Government, were looked upon as mere matters of routine, consequently of indifference. It was well known that the Liberals were in a large minority —therefore harmless to disturb the established order of things. But a new and unexpected political phase is now presented. The Governor himself casts the first stone into the Conservative strong-hold. The danger this time comes from an enemy close at hand—not without the circle—a danger that must be met and overcome, even though it should wring from those who had always been slow to avow it, a declaration of liberal sentiments, a full admission of the rights due to the people, even by the Queen’s Representative, notwithstanding the sacredness of the prerogative, or any¬ thing else that might stand in the way of a Politician’s inter¬ pretation of a constitutional problem. The recantation of a heresy, however, upon a sudden emergency, should by no means be taken as an evidence of good faith. 19 146 POLITICAL NOTES 1846 If ( 1840 .) CHAPTER X. Reorganization of the Government — The Liberals without a Seat — Vacation of Seats of Members on accepting office—Despatch from Colonial Secretary on the subject—Despatches in reference to Mr. Readers appointment—Liberals and Conservatives— Mr. End’s complaint—Political Creed of Hon. Mr. Simonds— Henry Bliss , Esquire , Provincial A.gent in London — Tempo - ralities of the Church of England — The Free: Pew system. The work of agitation for Executive reform had so far pro¬ gressed, that during the recess the Government gave unmis¬ takable signs of decay, which were followed by rumours circulated from time to time, that a disruption, or something very much akin to it, had taken place, and the Governor was left without advisers. The Legislature was called ‘together on the 29th January. The opening Speech premonised nothing of a specific character, unless it was the Inter-Colo¬ nial Railroad, the construction and advantages of which were earnestly recommended. In answer to Mr. Partelow, on the 29th January, Hon. Colonel Allen remarked that all the members of the Executive Council had resigned their seats \ and that His Excellency, he thought, would be prepared in a few days to name their successors. On the 5th February, the Hon. R. L. Hazen announced to the House the forma¬ tion of a new Government, as follows : the Hon. the Attor- ney General (Peters ?) Colonel Shore, E. B. Chandler, Hugh Johnston, R. L. Hazen—five in all. It will be seen by the 184(5 AND OBSERVATIONS. 147 personnel of this Council, that the old leaven was still main¬ tained—that there was no advance in the cause of the respon¬ sible principle—that is to say, those gentlemen did not con¬ sider that the country was yet ripe enough for it. The Libe¬ rals (especially L. A. Wilmot) who held seats at the time of the Reade difficulty, were omitted in the new formation. The complaint in the Legislative Council was grounded upon the incompleteness of the Government. Instead of nine members, the Governor was only able to command the ser¬ vices of live. In the House, Mr. Wilmot complained that in the new arrangement there was no recognition of the prin¬ ciples for which the Liberals had been so long contending. He certainly thought that the Provincial Secretary* should be brought into the Government. He informed the House that he found himself unable to accept office at the present time, but was prepared to support any measures brought for¬ ward by the new Council, appearing to be for the advance¬ ment of the public good. "When his resignation was tendered to Lord Stanley, it was accompanied by certain political prin¬ ciples. His resignation was not accepted by the Colonial Minister, and therefore his avowed principles were virtually admitted. These principles had been disregarded in the present case, and among other causes prevented him from joining his former colleagues at the present time. He blamed the late Government for agitating and endeavouring to turn the public mind against the majority of the House, as ex¬ pressed during the last Session. He maintained that the Executive Council should have long since been remodelled— that notwithstanding Her Majesty’s decision, they had held office to the last moment, and only bowed on the afternoon of their possible existence. With regard to the stability of the new Government, that would stand the strongest and last the longest, which was based on the approbation and good feeling of the people at large. Mr. Wilmot said he felt abased at the humiliating position of the Government at the present time; and it was a curious fact, and highly honorable and creditable to the people of this Province, that in all previous cases where difficulties and dissatisfaction had * Hon. Mr. Saunders, of the Legislative Council, was appointed as Mr. Reade’s successor. 148 POLITICAL NOTES 1846 arisen, the innovation had proceeded from the Executive, and in their applications to the Throne, the cause of the people had invariably been successful. These proceedings spoke well for the people at large, and proved that they were not actuated by factious or improper motives. Mr. Wilmot assured the House, that although he would do all in his power to assist the new Government in their endeavours to advance the interests of the country, he would at the same time watch all their motions with an attentive eye. Thus the union of the Liberals and Conservatives to depose Mr. Reade, resulted in no practical advantage to the cause of the former, nor yet established a rule of practice for the future. It was men and not measures with the ascendant party— office and patronage—now as heretofore. Mr. Wilmot could not consistently accept a seat in the new Government, while the fundamental principles for which the Reformers con¬ tended w'ere still ignored. There could be no Responsible Government so long as power was denied to the people to pass judgment upon the acceptance of office by individual members of the Executive—such as the offices of Provincial Secretary and Attorney General. The Lieutenant Governor was the man about this time the least to be envied. An undefined Constitution places at his disposal the exercise of the prerogative, and whenever he attempts to act in accord¬ ance with his own judgment, he is attacked by those who had always been the great sticklers for his sovereign rights and the undoubted power of Her Majesty’s Representative. On the 7th February the House w r ent into Committee on a Bill, introduced by Mr. Fisher, for vacating the seats of Mem¬ bers of the Assembly in certain cases. A similar Bill had been introduced the year before and carried, but objected to by the Colonial Secretary, in consequence of “ Executive Councillors ” having been embraced among those who were to give up. their seats on the acceptance of office. It was contrary to British usage for a member of the Government, on being appointed, to go back to his constituents for appro¬ val, unless he held an office of emolument. The present Bill, therefore, was intended to meet the objection, and have the application of the principle in other respects properly defined. The argument in opposition was, that Executive Councillors 184G AMD OBSERVATIONS. 149 should be included, inasmuch as though they received no pay as such, their influence in appointing to office, as well as among the constituencies, -was considerable ;—again, that the Bill was defective, because it was not more general in its application, that it should include .supervisors, school inspec¬ tors—in fact every one who had the expending of the public moneys, even though the amount should not exceed ten pounds. The discussion occupied the whole day. Mr. Hanington finally moved to expunge the words “ Attorney General, Solicitor General, Advocate General, “ Clerk of the Pleas, Secretary, Surveyor General, or any “ office, commission, or appointment, connected with or “ relating to the collection, expenditure, or auditing of the “ Revenue of this Province, or any part thereof And insert the following : “ The office of Executive Coun- “ cillor, or any place or office of profit having emolument “ or compensation arising therefrom, amounting to more “ than ten pounds per annum, whether such profit, emolu- “ ment, or compensation, shall arise from salary, fees, com- “ mission on the expenditure or collection of public money, “ or in any other way whatever.” The question being put on the amendment, the division stood thus : Yeas —Messrs. Palmer, Taylor, Stewart, Haning¬ ton, Botsford, Partelow, Jordan, Scoullar, Gilbert, Barbarie, Smith—11. Nays —Speaker, (Weldon), Hon. Mr. Ilazen; Messrs. Rankin, Hill, Boyd, Wark, Barker, M‘Leod, Fisher, Wilmot, Payne, S. Earle, Jordan, End, Thomson, Perley (0.), Brown, Street (W. H.)—18. The amendment, therefore, being rejected, the original Bill, with a few slight amendments, was carried, and sent up to the Council.* On the 12th February, on motion of Mr. Partelow, the House went into Committee of the whole, in consideration of a Message from the Lieutenant Governor, based upon des¬ patches received from the Colonial Secretary, in reference to Mr. Reade’s appointment to the office of Provincial Secretary, * The practice (1867) now is that only the Heads of Departments go back to their constituents for re-election, on accepting office—while all officials under Government, having the expending of the public moneys, are excluded altogether from the Legislature. 150 POLITICAL NOTES 184G and disallowing the same in consequence of the expressed wishes of the Assembly made the year before to the English Government to that effect. The lengthy debate that followed furnishes an insight into the peculiar political ideas that were entertained by hon. mem¬ bers in 1846, in regard to the vital principles of Responsible Government. The fancy of each member, (no matter on what side he usually voted), winged its flight upon some peculiar pegasus of its own. The notions of Liberals and Tories became so mixed up in the encounter, that it was difficult to discriminate the one set of men from the other—the former for the nonce declaring in behalf of the points gained in the des¬ patch, on the side of the people ; and the latter warning the country of the danger of changes, which threatened anarchy and confusion. Mr. End may be regarded as a type of the one class, and Mr. Simonds a type of the other,—both gen¬ tlemen no doubt influenced by the most sincere motives; but, in this debate, both having lost their relative positions, or changed sides, in obedience to what they may have considered to be the demands of the occasion. In illustration of this pro¬ position reference will frequently be made. Mr. Wilmot com¬ plained, that instead of having the despatch from the Colo¬ nial Secretary as sent out, the House were favoured with only such extracts as His Excellency thought proper to give, and those, no doubt, of the least force, in reminding His Excellency of the mistake he had committed in appointing his son-in-law to office. He considered the House entitled to all the opinions in reference to the matter that came from the Colonial Secretary. Mr. Hazen, as leader of the Govern¬ ment, denied that there w r as anything more in the despatch touching the matter than had been communicated to the House; and His Excellency’s reason for not submitting the entire document was, that it contained matters of a personal nature between His Excellency and the Colonial Secretary, but having no reference to the difficulty itself. Each hon. member in the course of the debate vented him¬ self at length upon the political state of the Province. One contended that Responsible Government had been recognized and established by the veto of the Colonial Secretary upon the Governor’s action—while another contended that it was as far* 1846 AND OBSERVATIONS. 151 off as ever. Mr. End, (who bore the reputation of having always worked and voted with the “compact” side of the House) dwelt forcibly upon the disadvantages of the old sys¬ tem, especially as they had affected his own position, and retarded his advancement. He said he had too long suffered “ under the secret influences of men in power, to bear them “ any longer without exposure; what reason he had given “ those people for the treatment he had received, he was at a “ loss to learn ; but it did appear that whatever Government “ happened to be organized in this country since 1835, “ these influences have been more or less active. He told “ them, on a former occasion, when Sir John Harvey was “ about to leave this Province, he (Mr. End) called upon him, “ and when about to take his leave, that honest, good hearted, “ and noble minded soldier said that he was sorry he had not “ known him better when he first came to the Province. He “ (Mr. E.) answered His Excellency that it was no fault of “ his, and wished to know the reason of the apparent cool- “ ness which His Excellency on several occasions showed “ towards him,—the answer was, ‘ I could not believe that “ they would have told me such lies about you.’ It was “ these secret lies, these secret and hidden slanders, which “ he complained of.”* * Had the Conservatism of which such hon. members (as Mr. End) boasted, been less ultra in its tendencies towards the opposite party, the secret influences here complained of could not have successfully kept a talented man in the back ground. Mr. End would have risen in spite of all opposition, had he put less “ confidence in Princes,” and more in the cause of popular rights and liberal institutions. Ho secret cabal, or influence, can for a lengthened time work to the detriment of character and talents. Mr. End, when in public life, was acknowledged to be a man of superior parts —but like others, who seemed to want judgment at the right time, he fell short of the prize just as it was within his reach. This gentleman should have been the foremost man of the day, and the leader , instead of the follower, of a great party. Men of far less abilities have grasped the helm in this Province, and steered a most successful course through the Legislature. * See Head Quarters, February 18.- 152 POLITICAL NOTES 1846 While the system of Government, in 1846, was in a transi¬ tion state, the most confused opinions were entertained, even by experienced speakers. In illustration of this, the remarks of the Hon. Mr. Simonds upon the Reade difficulty are given below. This hon. gentleman was a power in the House. With talents far less brilliant than those of the gentleman alluded to in the previous paragraph, Mr. Simonds was at one time recognized as one of the stoutest pillars of the Liberal party. He had made himself obnoxious to the Conservatives on account of his extreme liberal views and actions. Having been the means of gaining large conces¬ sions to the people, all in fact, that he ever conceived were needed, or would be for very many years, he was now satis¬ fied with things as they were, and could not brook the idea of more advanced liberals sailing beside and ahead of him ; no doubt the hon. gentleman was perfectly honest in his convictions ; but it will be allowed that his predictions con¬ tained in the speech uttered in the course of the debate, have not been verified by experience. The arguments he made use of against Responsible Government, contained the pith and marrow of all that could possibly be said on that side. If after twenty years experience, it has not been as successful as its advocates promised, it has certainly turned out a great deal better than its opponents had predicted. 6 lion. Mr. Simonds hoped hon. members would be better 4 advised before they took it for granted that Responsible 4 Government was established in this country. The Com- 4 mittee was now threatened w T ith a debate on that subject, 4 and the country threatened with the adoption of the sys- 4 tern. All that he would then say on the subject was, that 4 in his opinion, it would never do for any British Colony. 4 He had already given his opinion on the subject, and would 4 do so again when the matter came up in debate. His 4 opinion was, that the less they meddled with these new- 4 fangled schemes the better. It was taken for granted that 4 whenever a vote of want of confidence in the Government 4 should pass that House, and an Address to that effect laid 4 at the foot of the Throne, the Council must retire or the 4 House must be dissoTved. He took it for granted, that 4 the moment a vote of want of confidence passed, the Coun- 1846 AND OBSERVATION'S. 153 ‘ oil would tender their resignations ; that had always been * the case, and if they were not accepted, then the Address ‘ would be forwarded, and according to this doctrine, the ‘ Council would be turned out. He would ask the Com- ‘ mittee what practical benefit arose from this state of things? * It was no hardship for an Executive Councillor to resign * his office ; in many cases it was a relief instead of a punish- ‘ ment; they lost nothing by being turned out, and they ‘ could not be punished if they had done wrong. There was * no man really responsible for the good government of the ‘ Province but the Lieutenant Governor himself; it is he ‘ alone that is responsible for the acts of the Executive. The ‘ present Executive Council he considered quite large enough; * and he believed the business of the country could be as well ‘ managed with five as with nine, or any greater number. ‘ He wished them every success in the arduous duties they ‘ had undertaken, and would again warn the Committee of ‘ the dangerous tendency of the doctrines of Responsible ‘ Government. It was, as last year he had described it, “ a ‘ spectre, pushing agitation before it with one hand, and drag- ‘ ging rebellion after it with another.” ’ The debate upon this question was finally closed as it began, without a policy or any rule being laid down for future action in cases of a similar emergency. Thus termi¬ nated the Reade difficulty. His Honor the Speaker communicated to the House that he had received a letter by the mail from Henry Bliss, Esquire, Provincial Agent, London,* which was read at the Clerk’s table. Mr. Bliss informed the House of the pro¬ posed alteration of the Corn Laws, and the scale of duties sub¬ mitted to Parliament by Sir Robert Peel. He said, that it is not known exactly what alterations may be proposed by the Premier, with regard to the timber duties, his Lordship not having submitted the details; he seemed to think, however, that a reduction of five shillings a load would be made on the Baltic timber, and that a further gradual re¬ duction would take place, to a certain amount. Mr. Bliss * Mr. Bliss was at this time the Provincial Agent, for looking after our interests in England—his salary, paid by this Province, was £200 sterling a year. His services were useful, but as a general thing, questionable as to whether they were worth the cost to the Province. 20 154 POLITICAL 3TOTES 1848 remarked, with some degree of warmth, upon the conduct of Sir Robert Peel, with regard to the proposed alterations before mentioned ; and remarked, that he (Mr. B.) never thought he would have done so ; and trusts that such mea¬ sures will not pass the House of Parliament. He seemed to fear that the consequences to the Colonies, should they pass, will be extremely injurious. He further remarked, that the friends of the Protective system intend, if possible, to force the Government into a dissolution of Parliament—and that they feel quite sanguine of being able to return a majority against the measures, and thereby defeat their passage. Mr. B. also enclosed a copy of a letter written by him, as Provincial Agent, to Sir Robert Peel, upon the subject of the proposed alterations—in which he contended for the interests of the Colonies, &c. &e. A Bill to provide for the management of the temporalities of the Church of England in this Province, in certain cases, having passed the House of Assembly, was committed for discussion in the Legislative Council on the 24th February, and as the principles, contained therein, are of a nature to interest Churchmen as well as others at the present day, when the “ free pew system” is still a subject upon which opinions differ, it may not be out of place here to cite the views expressed by staunch Churchmen twenty years ago, in that then most Conservative body—the Legislative Coun¬ cil—composed as it was, with a few exceptions, of Church¬ men. The Attorney General* stated that this Act (above referred to) had become necessary, from an inadvertency of the Legislature. The foundation of all Church Corpora¬ tions, [of the Church of England,J in this Province, was the Act 29 Geo. 3, c. 1, which first erected the Parish of the City of Saint John, and also incorporated other Rectors, Church Wardens and Vestries in the Province. That Act provided, that the Parishioners in Saint John should elect Church Wardens and "V estrymen ; and so the practice was for a long time. But at length it was found, that the word u Parishioners 9 was too general a term ; there was no discri¬ mination or definition of who should be qualified to vote or eligible to be elected ; and so it happened that Dissenters of * See Head Quarters, February 28. 1846 AND OBSERVATIONS. 155 all denominations voted at elections of Church Wardens and Vestrymen. To remedy this, another Act was passed, to change the qualification of voters at Church elections, from “ Parishioners ” to “ Pew-holders and so it stood, as a gene¬ ral rule, till 1836. But it happened, that the Parish of Port¬ land, having no Parish Church, had erected a small building for that purpose ; but, being entirely a Free Church, where all the sittings were open and free, there were no pew- holders, and no means, therefore, under the Law, of elect¬ ing or constituting a Church Corporation. In 1836, there¬ fore, an Act was passed (6 Will. 4, c. 3,) to remedy this difficulty ; that Act declared Grace Church to be the Parish Church of Portland, till another should be built; pointed out who should be qualified to choose and to be chosen Church Wardens and Vestrymen in that Parish ; the parties being required to be resident Subscribers to the funds of the Church, communicants and stated attendants at the Church, instead of being pew-holders as in other Parishes; and declared that the same principle and mode of forming a Church Corporation should be applied to all other Churches in the Province, where the sittings were all declared to be free. But in time Grace Church was found to be too small ; another and larger Church was then built in the Parish of Portland, principally by means of liberal donations and sub- ecriptions of the Parishioners; but it was found necessary, in order to complete the building, and to support the Clergy¬ man, that it should be fitted up with pews, and the pews sold and rented as in other Parish Churches; a condition being however made, that not less than 250 sittings in the Church should for ever be reserved as free seats, for the accommodation of the poor. To effect this arrangement, a Legislative enactment was necessary; and accordingly, the Act 4 Vic. c. 3, was passed in 1841, declaring the new Church of Saint Luke to be the Parish Church of Portland, iustead of Grace Church, and wholly repealing the former Act of 6 Will. 4, c. 3. By the entire repeal of that Act, the pro¬ vision for other Free Churches in the Province was inadver¬ tently repealed also; and thus the Corporations of such Free Churches which may have already been erected, as well as any others to be erected, must be wholly null and void; 156 POLITICAL NOTES 1846 there being now no law in existence to authorize such Corpo¬ rations. To remedy this evil, the present Bill was brought in, to declare how such Free Churches should henceforth be regulated; and the Bill therefore was merely meant to restore the object originally intended by the repealed Port¬ land Church Act. There appeared, however, to be an alter¬ ation or omission in this Bill, of a provision contained in the former Act, which prescribed the manner in which the Parishioners of any Church already erected should declare the sittings to be free. He (Hon. Attorney General) had therefore prepared an amendment to supply this deficiency. Tms Bill stated, that the majority of the pew-holders might make such declaration ; but the original Portland Act, by the 5th Section, provided that its principle should be ex¬ tended “ to any Church already erected, in which the Rec- “ tor, Church Wardens and Vestry thereof, may, with the “ consent and approbation of all the pew-owners and occu- “ pants, to be signified in writing, declare the seats from “ thenceforth free and open, &c.” He (the Attorney Ge¬ neral) wanted to make this Law exactly what the origi¬ nal Law was ; the object of the Bill was merely to restore the provisions of that Act which had inadvertently been repealed, as related to the constituting of Corporations for Free Churches ; and he had therefore prepared this amend¬ ment, to render the Law exactly what it was originally intended to be. The amendment proposed by the Attorney General, although it appeared trifling upon the surface, involved a most vital principle. To restore the original Act, was con¬ sidered by the opponents of the amendment as a most fatal blow at the successful working of the measure—for the Act provided that if only one pew-holder should dissent to the sittings being free, his voice would be as effective, and over¬ ride that of the whol& congregation combined. I he debate, which continued several days, brought out the views and feelings of Churchmen, for and against free pews, in a most exhaustive manner. All that could be advanced on both sides seems to have been done with vigour and ability; and it would be difficult for a disinterested person to say which side had the best of the argument. The force of *the 1846 AND OBSERVATIONS. 157 whole debate may be summed up in the quotations here made from two of the speeches on opposite sides :— The Hon. Mr. Botsford l’emarked that*—“ The Bill was « an attack upon the pew-system; and he was convinced “ that half of the Churches in the Province never would have “ been built, but for the present pew-system. What would “ keep those Churches in repair ; what would provide funds “ for the support of the Clergy, but that pew-system ? Those “ who were acquainted with the country knew well, that “ unless some such means existed of obtaining funds to “ build Churches, and to sustain them, Churches would not “ be erected at all; and even if they were erected, they could “ not be kept in repair. What would be the effect of this “ Bill, if passed as it came up to this House ? Why, to “ destroy the present pew-system, and to deprive pew-holders “ of their property. And how was this to be done? Was “ it to be effected by the vote and consent of every person “ who had given his money towards building his Church, “ and who possessed a pew in that Church ? Certainly not; “ but it was to be left to a majority to declare that the “ Church should be free ; that pews should be abolished ; “ it was left extremely vague in this Bill, how the object was “ to be effected; and why was there such an extremely “ important omission in the Bill, rendering it so different “ from the former Act, of which it professed only to be a “ revival ? Why was that original provision left out in this “ Bill, and power given to a majority of pew-holders to do “ away with the rights and property of the minority ? But the “ people of this Province were of such a stamp, that even if “ this Bill should pass, (although some dissension might be “ caused by it for a time), yet there would be found to be but “ one feeling prevailing in the Province, to keep up the Church “ in the same manner and on the same footing as it always had “ been kept up heretofore; they would keep it up on the “ same principles, and on the same system, as it had been “ handed down to them by their forefathers. And why was “ it now asked to do away with that system ? It was urged, “ by those who were thus assailing established usages, that “ they were merely non-essential forms and customs; it * Head Quarters, February 23. 158 POLITICAL NOTES 1846 “ might be so, but those who had long been accustomed to “ them might consider them essential.” The Hon. Mr. Saunders was decidedly in favour of free pews. Some of his arguments were as follows—they are' worthy of quotation, as an exhibition of a tolerant spirit. He said “ as to pews in Churches, he would contend, that pews “ were entitled to no sympathy or consideration; and as to “ existing Churches having been built by the moneys of the “ pew-owners or others, he would show what really were “ the moneys by which those Churches had been built; and “ how far the sticklers for the pew-system were justly entitled “ to sympathy. He hailed this Bill as a measure which he “ considered would do away with a most objectionable sys- “ tern; a system which, by sanctioning the sale of pews in “ Churches, was a violation of the common law, and was an “ unchristian and unjustifiable system. If the Church system “ this country were fairly examined, it would be seen that “ changes were absolutely necessary; and he would endea- u vour to prove that necessity. First, with regard to the “ pew-system; and in order to make his remarks as brief as u possible, he would confine them to the principal Parish “ Churches in the Province; viz. those of Saint John, Fred- “ ericton, and Saint Andrews. It must be admitted, that u the moment pews in Churches were set up for sale, every u individual who could not come up to the minimum price, u was thereby virtually excluded from entering the Church u at all; every person who was not a pew-holder must feel il himself shut out; he must feel that he had not purchased u a footing in the Church, and could not appear there. u What were the usual prices of pews ? Why, even the mini¬ mum price excluded the poor, the humbler classes, the most numerous portion of society. The lowest prices of pews, say from £5 to £10 each, shut out the labourer, the man who lives by his daily bread; the first principle of such a system was to exclude from the Church by far the larger “ portion of the community.” * * * “ i n isgi a law was passed, which trampled on the whole rights of mem¬ bers of the Church, of communicants, of stated hearers, €i and renters of pews; and transferred the right of voting “ and of bein g elected from occupants and renters of pews, 184 6 AND OBSERVATIONS. 159 “ to the sole owners of pews, although those sole owners “ were not even required to be Parishioners. What an iniqui- “ tous law was this, by which the whole body of Parishioners “ were deprived of that common law right, to which they “ had ever been entitled, and which they had till then justly “ enjoyed; a law by which the rich got rid of all the poor “ and humbler classes of persons belonging to the Church, “ and confined its privileges and franchises to the few wealthy “ parties who were able to purchase pews, though they might “ not even be resident in the Parish ? What a law to intro- “ duce, when every Parishioner had an inherent right to vote “ and to be elected, in regard to the management of the “ temporalities of his Church ! Now what had been the “ operation of this law; how had this glorious system pros- “ pered, and what effect had it had on the Church ? In Saint “ Andrews, in 1806, the Church was numerously and respec- “ tably attended. But if a person were now, in 1846, to visit “ Saint Andrews, he would find that Church with a congre- “ gation, almost exactly the same in number as it was forty “ years ago ; excepting only, that by the enlargement of the “ Church, about twelve pews had been added to it. In 1806 “ the population of Saint Andrews was, perhaps, nearly three “ hundred persons, all of whom were seen of a Sunday within “ the walls of their Parish Church. In 1846, it was found, “ that even with these additional pews, the congregation “ had but very slightly varied in number, although the popu- “ lation of the town was very nearly four thousand. The “ very circumstance, that Free Churches, of other denomi- “ nations, had in the mean time been built, showed that the “ Church of England had not prospered there ; it had indeed “ been nearly stationary for forty years, having perhaps not “ added more than forty persons to its congregation in that “ time, or an average of one in each year. It was said that “ a great proportion of the present population were Eoman “ Catholics; but had those 300 persons, who formed the “ Church congregation forty years ago, no descendants—was “ there no increase of population in all that time from that “ body of persons ? Why, new generations had sprung up “ and multiplied in that time ; therefore the thing was con- “ vincing with regard to the Church at Saint Andrews. But 160 POLITICAL NOTES 184G “ now to come nearer home, to the Church in Fredericton. “ He (Hon. Mr. S.) could not say what its congregation num- “ bered in 1806, but he believed it then included the whole “ body of Church-going people in the town. He remem- “ bered that in 1817 he used to see the Church crowded, “ even full to overflowing. In 1830, after a considerable “ absence from this country, he returned to the Province, “ and then he observed that the congregation had become “ very thin ; and from that period to the present it had been “ nearly stationary. In making these remarks, he begged “ most distinctly to observe, that he made no allusion what- “ ever, and imputed nothing in the least degree to indivi- “ duals ; it was not persons that he found fault with, but it “ was merely the effect of the pew-system. A Rector now “ came into a Parish, and what did he find ? He found hirn- “ self a Rector of the pew-holders of the Parish ; of a few “ rich individuals ; he knew nothing of the poor ; they were “ not to be found in his Church; one must go to other con- “ gregations to look for the poor. He (Hon. Mr. S.) believed “ that out of the four or five hundred people attending the “ Church in Fredericton, there were not above thirty or forty “ who could really be looked upon as belonging to the hum- “ bier classes. Was this a system that it was desirable to “ change or to cling to ? Where were the descendants of “ those persons who sat in that Church in 1806 ? Many of “ them were gone to other places of worship ; they had joined “ other denominations; there were individuals who had left “ that Church, within his own knowledge, whose families “ had grown up into extensive communities; and many of “ them had left it because they had not the means of getting “ accommodation in the Church. One of the things that “ had had a most injurious effect on the Church had been the “ pew-system. It might, perhaps, have been in some few “ instances alleviated, particularly in Saint John; but even “ there he thought his remarks were almost-as applicable as “ they were here; although in that City they had been “ favoured with a succession of most zealous, devoted, and “ pious clergymen, who had exerted themselves to the utmost “ in their holy vocation. But the pew-system was one which “ the friends of the Church were bound by every principle, 184G AND OBSERVATIONS. 161 “ whether of Christianity, of fair play, or of common law, to “ use their utmost efforts to abolish.” The remarks made by the Hon. Mr. Minchin were also good. lie said “ but it was strange that there should be so “ much opposition to this proposal, from a few individuals, “ when so many of the principal pew-holders in the Church “ of Fredericton had set a better example.* His Honor the “ Chief Justice had offered to give up his large and beautiful “ seat, which was one of the choicest in the whole Church; “ so had the Master of the Rolls; so had Judge Carter; so “ had Judge Street; and so had an hon. member of this « House, (Hon. W. H. Robinson), and many others ; and v “ when it was known that there were so very few individuals “ holding out against the wishes of nearly all the congrega- “ tion, it would surely be a great injustice to allow those few “ individuals to prevail. It had been said yesterday, by an “ hon. and learned member, (Hon. Mr. Kinnear), that even “ if pews were abolished, the exclusive system would still be “ carried on ; that the proud and haughty would crowd toge- “ ther into particular corners and portions of the Church, in “ order to keep as far aloof as possible from the generality. “ But he (Hon. Mr. M.) did not believe that would be the “ case; it might perhaps be done two or three times in the “ early days of the alteration ; it might last for a little while; “ but such persons would soon see the folly of it; such con- “ duct would be so conspicuous and glaring that it would “ soon cure itself; and the good sense of the parties them- “ selves would induce them to give up such a practice. He “ (Hon. Mr. Minchin) was formerly an advocate for close “ pews, although, he had always desired to see a proportion « of free seats in every Church; he did not deny that he * Mr. Minchin had reference to Christ Church, which formerly occupied the present Cathedral site, or adjacent to it. The Bishop required the ground for the Cathedral, and also the introduction of the free sitting prin¬ ciple in connection with the new erection. The pew-holders were loth to part with their privileges and the demolition of their old Church. Many of them held out for a long time. The revival of the old Act, as contemplated in the amendment to the Bill, would therefore prevent any change, even if one pew-holder refused his assent—the consequence would have been that the Cathedral would have had to be built elsewhere; for there would not have been Churchmen enough in Fredericton, not having pews m Christ Church, to have made an attendance in the Cathedral anything like respec¬ table in numbers. The difficulty, however, was finally overcome, as, with very few exceptions, the pew-owners consented to the proposed change, and the demolition of the old Church. 21 162 POLITICAL NOTES 1846 “ formerly stood up for close pews; but since he had seen, “ in other countries, Free Churches, and the effect of the “ free seat system, he had wholly altered his opinions on the “ subject, and had entirely abandoned all partiality for the “ exclusive system.” The question was finally taken on the amendment by the Attorney General—(which was in effect that one dissentient voice in a Church could prevent its being made free)—when it was carried in the affirmative, as follows :— Contents —Hon. Mr. President, Hon. Messrs. Robinson, Attorney General, Botsford, Chandler, Wyer, Hatch, Kin- near, Johnston, and Owen—10. Non-Contents —Hon. Messrs. Shore, Saunders, and Min- chin—3. The 1st Section of the Bill, as amended, being then agreed to, the Committee proceeded with the further details of the Bill, the discussion on which was only of a desultory nature. Hon. Mr. Botsford moved as an amendment, that the qualification for voting be 20s. per annum, instead of 5s., as proposed by the Bill, which was also carried in the affirma¬ tive. Division as follows :— Contents —Hon. Mr. President, Hon. Messrs. Robinson, Attorney General, Botsford, Wyer, Hatch, Johnston, and Owen—8. Non-Contents —Hon. Messrs. Shore, Saunders, Chandler, Kinnear, and Minchin—5. The Bill as amended was then agreed to. The Bill having been referred back to the Assembly as amended, was rejected by that body. 1846 AND OBSERVATIONS. 163 CHAPTER XI. Parish Schools—Defective system—Character of Teachers — Flog¬ ging in Schools—Sums annually expended in support of Edu¬ cation.—Apathy of Parents—Teachers boarding around—A speculating School Master—Taxation for the support of Schools — Railway Measure — Subsidies—Origin of the Halifax and, Quebec Railway Scheme. On the 12th March, on motion of Mr. Brown, the House went into Committee of the whole on a Bill to regulate Parish Schools. A debate followed, which occupied several days, in the course of which the bad features of the School sys¬ tem of this Province were exposed and condemned. From this debate the most prominent objections raised by hon. members are here given—enough to show the defects of the old system, and the little value obtained for the $60,000 out¬ lay, which was about the annual Provincial allowance for educational purposes. 1st The school houses were small, ill-ventilated, often filthy, always unsuitable for the purpo¬ ses intended. 2nd. The School Teachers, as a general thing, were uneducated and unfit for the duties of their calling. 3rd. The Books used were not all alike in all the schools—some being of one description, some of another—in fact any spel¬ ling or arithmetical books that could be picked up, were used without regard to uniformity. 4th. The public, in the rural dis¬ tricts particularly, were apathetic, and took but little interest in the educational wants of their children. Wherever a school was planted, the Teacher, if recognized by the inhabitants in the vicinity, received a grant of £20 164 POLITICAL NOTES 1846 from the Province—the remainder of his salary was made up by school subscriptions, seldom amounting to much—while the Teacher “ boarded round, 57 as it was called, a certain num¬ ber of families agreeing to provide for him at their own cost, for a certain period—perhaps a few months at a time at each house. Thus the Teacher, if a sensitive man, was placed in a position to feel that he was the recipient of eleemosynary support, and often had to submit to great inconveniences. His pay, at least, was not worth to him, board included, <£106 a year. The condition of a Teacher could mot well have been worse. Hence the ill-favoured class of men, of which complaint was made—the wonder is not that such a class existed, but that any man of even ordinary intelligence, could be had at all to undertake the duties of a Teacher, •when there were so many other channels of business open for ordinary capacities, yielding far better returns. Nor is it any wonder that the educational system of the Province should have been so inefficient, when the very first cause of the trouble—viz : a proper provision for competent Teachers—should have been so much overlooked, or neglected altogether. The same amount of money, (say $60,000 a year), by judicious appropriation, would have been sufficient to have insured all, or nearly all that was wanted. A less num¬ ber of schools and better pay to the Teachers might have afforded far greater encouragement. In his speech Mr. Payne remarked, “ that the amount received from the Pro- “ vince was so small, and the people so unwilling to contri- “ bute to the support of School Masters, that they were often “ obliged to pick up just such Teachers as they could find. “ Applications came frequently to Saint John for School “ Teachers for different schools in the country; and he could “ assure the Committee that in some cases, they had been “ obliged to wait in the Market place, when an Emigrant “ vessel arrived, and ask if there was any one qualified and u willing to take charge of a school in the country/ 7 Mr. Gilbert, of Queen's, remarked that “ teaching in a “ school was almost the last calling in which any one would “ engage, and it was only those who were ruined both in “ body and estate, who would continue in that employment. u The halt, the lame, and the maimed—those who were good 1846 AND OBSERVATIONS. 165 u for nothing else—might continue to be Parish School Mas- u ters in the country, for no one else would. There was a “ School Master who had been highly recommended, and the “ School Trustees were anxious to secure his services. They “ accordingly raised his salary to the amount of £75, and the “ first thing they knew he was engaged in speculating in “ lands, out in the morning looking after his own business,* “ and in the evening doing the same thing—during school “ hours he was occupied in his school room, but he turned “ out as indifferent a School Master as they ever had. So it “ would be to the end of the chapter. They could not get “ efficient School Masters to stay with them longer than they “ could get enough to enable them to do something else.” One would suppose that the concurrent testimony of all who took part in the debate, would have led to an immediate change. The hand of reform, however, at this day, no matter what way directed, was powerless for good. Nothing sub¬ stantial resulted from the exertions of those who saw and felt the absolute necessity there was for something to be done— for the elevation of the Teacher, the improvement of the pupil, and the substitution of a system in which the country might have confidence. The design of Mr. Brown’s Bill was to meet the most pro¬ minent objections to the law—viz : to provide for a Normal or proper Training School, for the education of those who were to become Teachers. (Mr. Brown thought that besides this Training School there should also be an efficient Board of Education.) After providing for a supply of competent Teachers, the next primary object in the Bill was the supply of a uniform and unobjectionable set of books, to be used in all schools receiving Legislative aid. These were about the two principal provisions of Mr. Brown’s Bill—which, if sustained, would have led to a cor¬ rection of many of the existing abuses. The apathy of the people in educational matters was com¬ plained of by the leading speakers, and censured with deserved warmth. Mr. (L. A.) Wilmot remarked :— * A wise man truly, so long as his private speculations did not interfere with his School obligations—the man was to be commended for his enter¬ prise, especially when the small amount of his salary is taken into consi¬ deration. 166 POLITICAL NOTES 1846 “ Before he sat down he must again revert to the greatest difficulty which has to be encountered to render the provi¬ sions of that Bill effective in promoting a better system of education in the Parish Schools. This was a difficulty which in this country legislation could not reach—he earnestly wished it could. He meant the apathy of the parents them¬ selves. The hon. member now in the Chair could bear him witness to the extent to which this apathy prevailed even in this County at this day. That hon. member, when out of the Chair, could tell the Committee that in a certain district of this County where there was no school house, a philan¬ thropic individual had 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 mate¬ rials for finishing a school house. What was the result? They did get out the frame and raised it, and when he and the Hon. Chairman had occasion to visit that part of the County together, they enquired why they did not go on to finish it. The worthy individual who had made the propo¬ sition,. and bought and had in his house, the materials for finishing the building, told them that the inhabitants of the district would not find the boards, and in consequence of that, this erection of the school house had not been gone on with. A gentleman then present (he would 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 the boards, the nails, the glass, the locks, the latches—although everything was to be had without money, there was no one 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.” To meet such apathy as this, the same speaker said that he, for one, would consent that the property of the country should be taxed, to rescue the children of the soil from a sys¬ tem which, instead of elevating their minds, must have a con¬ trary effect; and if parents would persist in neglecting the education of their children, they at any rate (said Mr. Wil- mot) should not escape from paying for those who had the feelings and inclination to act a better part. He repeated, he would assess the country, rather than see the Teacher of youth degraded like a servile animal; and he would assess those parents who so far forgot their duty to their children as to neglect their instruction. 1846 AND OBSERVATIONS. 167 Mr. J. A. Street was equally severe and liberal in his views, especially upon the assessment principle. He said :— “ The true way to remove apathy, was to engraft on that Bill, or any other Bill which might be brought forward for the purpose of improving the educational system, and awaken¬ ing a general interest in its efficiency, a clause to assess the people, for the purpose of providing for the support of their schools, and for making a better provision for the Teachers. If the hon. mover of the Bill would consent to do this, and introduce a clause into the Bill to that effect, he would go with him. This would strike at the root of the greatest evil, of which the supporters of the Bill complained; for when people found they had to pay for a school in their district, they would certainly be more likely to see that they had something for their money, ne was satisfied that the assess¬ ment system must be engrafted on any Bill having for its object the permanent improvement of the Parish Schools, and that otherwise it never could do any good. He was in favour of the provisions of the Bill, for establishing a Train¬ ing School, and for providing a better system of books, and more efficient Teachers; but unless the country was to be assessed to pay the amount, he felt himself bound to vote against the measure.” The Hon. R. L. Hazen gave utterance to similar opinions. “ He was willing that the property of the country should be taxed for the purposes of education, and if the hon. mover would consent to introduce into that Bill a clause to that effect, he would most cheerfully support the Bill; for it was right and proper that the land of the Province should be taxed for educational purposes, and this principle he was willing and ready to adopt. But he could not and would not consent to charge the public revenues of the Pro¬ vince with large additional sums for the purpose of carrying out that measure. It was for the interest of the Province that those who had property should be taxed for the educa¬ tion of the children of those who had none, and that moment he was ready as one of the representatives of the people to agree to that measure. The principle of the Bill was no doubt good, and the establishment of that principle he be¬ lieved would be productive of general benefit to the commu¬ nity ; but at the same time, he was bound again to repeat, that unless the hon. mover of the Bill consented to introduce a clause providing for the expense of its operation by au assessment on the property of the Province, he should oppose the Bill.” Mr. Hazen at this time was leader of the Government in the Assembly ; and while he was willing to vote for general 168 POLITICAL NOTES 184G taxation for school purposes, was unwilling to support Mr. Brown’s Bill, which, if sustained, would involve, as he (Mr. H.) estimated, an additional burthen of £1,800 or £2,000 upon the revenues of the Province. The principle then advo¬ cated, however—viz: a general assessment for school pur¬ poses—was far in advance of the times. It is now twenty years since this debate occurred, and yet our Legislators seem as reluctant as ever to introduce and sustain such a measure.* While the public mind was thus in a state of “ academic embryo,” it was perfectly safe for hon. gentle¬ men to support, as far as speech went, a principle so popular in the United States—viz : taxation for public schools. The speeches of hon. gentlemen, however, who felt that while they might talk up a measure, knowing at the same time that there was a majority against them, and they in their heart were with that majority, are not to be taken as the “ public opinion” of the times. “ Taxation for schools” has always been a popular theoretical cry. It would have re¬ quired a considerable amount of hardihood in 1846 to have attempted to take people at their words, and given them a practical bearing. If the principle of establishing a Normal or Training School was good, and presaged a vast improvement, the cal¬ culated additional cost should not have stood in the way. Dr. Earle, of King’s County, in the course of the debate, made some judicious remarks, which, at the present day, may be read with profit by School Masters and others.— “ The system of flogging, which was in some cases pursued “ to an unwarrantable extent, was another objection in the “ management of many of their schools. lie considered that a it was the duty of School Trustees to see that proper and “ comfortable buildings were provided for the reception of * The Halifax Colonist published (in 1866) a table shewing the progress of education in Nova Scotia since the adoption of direct taxation. The number of free public schools in 1865 was 667; in 1866, 906, shewing an increase of 239 schools in one year. The Colonist proceeds: “These figures are very eloquent. The fact that during the past winter 44,584 pupils enjoyed the benefits of good sound instruction, without fee or charge of any kind, is more creditable to our country than any other feature of its condition. This is a number which has never before been reached in the Province. During the winter term of 1864—the last year under the old sys¬ tem—the attendance was 33,265, and last year, by the table, as will be seen, it was 35,151. This is an increase of nearly 33 per cent, in two years, and of 27 in one year. There is every reason to believe that the attendance at present is not less than 50,000. 1846 AND OBSERVATIONS. iea “ the pupils, and that it was the duty of the Master to gain “ the confidence of the child—to lead him on gradually in “ his studies, and by kindness and persuasion instil into the « young mind a thirst for information, which would render “ the pursuit of knowledge a pleasure rather than a task, “ and induce the learner to do that from choice, which it was “ often found impracticable to do by harsh treatment. “ (Hear, hear.) Those Teachers who were fond of playing “the tyrant in their school-room were seldom very successful “ in imparting useful information.” The hon. gentleman then referred to a flourishing school in Woodstock, where the children took great interest in attending, and all were making encouraging progress in then- studies. He said “ there was no rod held over the child in “ that school, yet the progress of the learner was astonish- “ ing. ne for one would never consent to send a child of « ]n S to a school where the rod was the chief argument; nor “ would ho sutler a School Master, who adopted indiscrimi- “ nately the flogging system, - to retain his school for an hour. “ The system was odious, and ought to be discontinued. It “ deadened the feelings of the child, and incapacitated it from “ pursuing its studies with any degree of confidence. To “ lord it over the young mind, and play the tyrant, was all “ calculated to supplant those finer feelings which ought assi- “ duously to be cultivated, and would never have the effect of “ rendering study pleasant or profitable.” Whatever now may be the mode of Teachers in the inflic¬ tion of corporal punishment, the practice at an earlier day was often excessive, cruel, barbarous. Children were flogged for trifling faults—such as not having their lessons perfectly, slight inattentions to duty, childish freaks, which at the present day are only rebuked, or threatened with, or doomed to, confinement after school hours. The fear of the rod used to keep the child in continual dread, and interfered with its studies. The rod is certainly no incentive to intellectual expansion. These observations are founded upon the expe¬ rience of an eye witness, and cannot be gainsaid. There may be those, however, who still believe and will persist, that some children are so froward and self-willed that noth¬ ing but the rod can mend their ways. The writer believes 170 POLITICAL NOTES 1846 that persons holding these views, are as mistaken as those who formerly governed the Mad House or Lunatic Asylum; by whom it was considered that the patient could only be* brought to his senses by severe treatment—such as the whip and the shower bath; and what are insane persons but children, men whose minds have been warped back as it were to their normal condition ? But, if the school referred to by Hr. Earle, at Woodstock, could flourish in the absence of the rod, here is a strong argument in confutation of the old exploded idea, that “ you must use the rod or spoil the child.”* A kind, fatherly, patient, yet firm disposition, in a Teacher—a person calculated to win children rather than repel them—will make the most flourishing school, and produce the best scholars. Whereas, a morose, loud spoken, passionate, overbearing man, such as used to be frequently observed in our Village Schools, is better in the back woods among the Indians, for children intrusted to such a care will not turn out to be apt scholars; but, like their master, famous, as they grow up, for their bullying propensities, a disposition to domineer over their fellows. The diploma of a Teacher ought to be given to him as much on the grounds of his having an urbane disposition, as to his educa¬ tional training, to fit him for the duties upon which he intends to enter. Mr. Boyd, of Charlotte County, was the last speaker, ♦The following case is here copied from an English paper as an examnlp of the cruel practices of only twenty years ago, in military life“ The in- ^ U1I X- in ^ 118 P a . m ^ case, [the flogging of a soldier to death 1 was rlnspd on Monday, the jury returning the following verdict— 4 That the deceased soldier, Frederick John White, died on the 11th July, 1846, from the mortd mh J«ue a i84 V fi er n e t a ^ c ™ e \ fl0 S giDg °S 150 lashes ’ which he received on the 15th J«ne, 1846, at the Cavalry Barracks, on Hounslow-heath Heston • that the said flogging was inflicted on his back and neck under the fentence of a district court-martial, composed of officers of the 7th Regiment of Hussars held on the 10th of June previous, duly constituted for hfs trial That the said court martial was authorized by law to pass the said severe and eniel presence o^John^am^^Vir/ 18 u P on him by two farriers, in the Warren the sur“eonTf th J=VH’ h ® Llelltenant Colonel, and James Low ret^thejdeath of^he^ald^mlerick 11 John t WhUe < was I caused 0 ^ ^n ^d dZit at the^t* 116 jUr ? Cann , 0t refrain frora expressing their horror “ttif?ealm wWch ne^l any la ^. amon g st the statutes or regulations meted nnnn RHHuld find their mistake before they were done with it. He hoped they might succeed in putting down parties in this country, but he feared they would not. He regretted that Mr. Hill had gone into the Government, but as he had, it could not be helped. He did not wish to prolong the discussion, there were the two simple resolutions, and he now put it to the House if they ought not to adopt them ; they who did not vote for them, had no right ever to say another word about the formation of a Government; they would be completely shut out.” 1847 AND OBSERVATIONS. 289 Mr. Enel followed Mr. Fisher; and, after speaking in opposition to the resolutions, moved the following amend¬ ment :— “ Resolved , That in the opinion of this House, it is not expedient to resign the Initiation of Money Grants into the hands of the Executive Government of this Province.” “Hon. Mr. Hazensaid he would not, at this time, attempt to follow the hon. mover of these resolutions through his long speech. He was not aware that the hon. and learned member for Gloucester (Mr. End) intended moving the amendment—but as he had done so, he (Mr. H.) would vote for it. If his hon. friend would bring forward resolutions so vague in their meaning, he must expect such an amend¬ ment to be moved, as would not place the House in a wrong position. He did not mean to charge his hon. friend with being a schemer, but the resolutions placed him in a wrong position. If he voted for the resolutions, his hon. friend would turn round and tell him that he wanted to get the Initiation of Money Grants into his hands as a member of the Government. If he voted against them, the hon. mover would then say that he was opposed to the principle of the Government taking the initiation in matters of public utility. If his hon. friend (Mr. Fisher) would bring forward a plain, straightforward resolution, embodying the principle that the Executive Government of this Province should take the lead in matters of great public utility, having for their object the general benefit of the country, he would go for it cheer¬ fully; but to go for resolutions so ambiguous in their cha¬ racter as these were, he could not. He did not think the hon. mover could find, any where, a precedent for the course he was now pursuing. He did not understand the language used in the resolutions of ‘ developing the Provincial re¬ sources.' How, he would ask, were the resources of this Province developed? Was it not in building and repairing roads and bridges ? (Cries of—Yes, yes.) That then was the legitimate meaning of the words in the resolution. The hon. mover had said as much as though it was the duty of the Government to bring in a Revenue Bill. How, he would ask, could they do this, without having the Initiation of Money Grants ? The hon. mover had also said, that he would yield up the Initiation of Money Grants to a proper Government. Then why did he not bring up the abstract principle, and let the question be taken upon it. He did not wish to shirk any legitimate responsibility—but should that question come up, he would vote against it. It was contrary to common sense to say, that any nine men com¬ posing a Government, could perform this duty as well, and 240 POLITICAL NOTES 1847 as satisfactory to the public, as it could be performed by the members of this House. He admitted the theory to be good—but this country was not yet prepared for the prac¬ tice. He should, with these views, support the amendment —and thus save himself from being placed between the horns of a dilemma. As he said before, he would not attempt to follow his hon. friend through all the phases of his speech; neither would he attempt to defend his hon. colleague of the Government (Mr. Chandler) from the attacks made upon him —whether he was a Liberal or not, the country was the best judge. He did not wish to prolong this discussion ; and having given his opinion upon the resolutions, and his reasons for opposing them, thus briefly, he should say no more. The following is a condensation of Mr. L. A. Wilmot’s remarks :— “ From the year 1840 to 1847, except one Session, the Executive Government had been constantly changing, going in and out. What could be the reason of this? Was it because they had been defeated in any Government mea¬ sure ? No ! The first blow-up grew out of the Civil List expenditure. What came next ? The appointment of Mr. Reade to the Provincial Secretaryship. O ! patronage! patronage ! It is that which constitutes the whole power of the Executive Government of this Province ; and when the future historian of New Brunswick records the history of these times, he may sum up the whole duties of the Executive in these few words—The Hon. Mr. Hazen, by command of His Excellency, lays before the House certain Returns from the Crown Land Office ! The argument used by his hon. friend from King’s, (Col. M‘Leod,) that the more power the more responsibility, was certainly an extraordinary one. He would now come down a little further. When he had the honor of being a member of the Government, he took his share of the work, and he claimed a like immortality with his hon. friend, (Mr. Hazen); having had some experience, he could say that the distribution of patronage was a most unpleasant duty. If his hon. friends of the present Government were gaining advanced positions in society, he wanted them to do so—not by the distribution of patronage alone, but by their political acts. But the most extraordinary speech he had ever listened to,, was that delivered by the learned Doctor from Charlotte, (Dr. Thomson.) Why, where was he, or what was he ; he was so far behind the age, that he was lost entirely—it would require a political spy glass to see him at all. The hon. member from the same County, (Mr. Brown,) had put the Doctor down as belonging to the school of 1766; but he thought he was away beyond that—out of sight. He 1847 AND OBSERVATIONS, 241 (Dr. Thomson) had said that a single despatch from the Colonial Office could crush our whole fabric. What! he (Mr. W.) would like to see him try it. Why it was very easy to see, that had not the principle of self-government been conceded to these Colonies, they would have ere this been dismembered from the parent country. The Home Government had seen this, and had very wisely conceded to the Colonies the blessings of self-government. What did the Home Government care about our local affairs ?—such as a Cod Fish Bill, ora Bill to regulate the Herring Fishery, and such petty affairs ? Nothing. They had therefore given us a Government of our own to manage these things. But what did they do ? He would say, as he had said upon a former occasion, they moved about like the titular digni¬ taries of a chess board—they never stirred except by Legis¬ lative pressure, and when that ceased they stood still. He had now a few remarks to make upon the construction of the present Executive, and in making these remarks he did not wish to be considered as being at all personal. When he tirst made the offer to go into the Government with two others of his party, his hon. friend (Mr. Hazen) said to him that he considered it perfectly fair and right; yet upon second thought, he afterwards turned round and talked about a carte blanche; and although he (Mr. W.) was at that time silent, feeling and knowing he had no right, according to their rules, to reply—yet he would now take the oppor¬ tunity thus afforded him of denying that he ever wished or asked for such a thing as a carte blanche ; he never wished nor asked to have the privilege of naming those whom he wished to take with him into the Government—neither had he ever been asked to name them. While upon this point he would say, that they were not so very far apart after all—they came within one of agreeing. Well, under these circumstances, he had certainly thought hard that his reasonable proposition had not been acceded to. But a Government had at last been formed. During the first part of this Session, the five gentlemen who then com¬ posed the Executive were tenants at will, and remained so for nine days after the Session sat; and now forsooth they came forward and charged him (Mr. W.) with having dictated to them. He would ask the hon. gentlemen if they were not of the opinion, that had a vote of want of confidence been moved, any time before the filling up of the present Executive, if it would not have passed by a large majority ? Yes, there was no question about it at all. (From Mr. Part- low—why did you not move it then ?) Why did he not move it ? lie would tell him why. Had not that very hon. mem- 31 242 POLITICAL NOTES 1847 ber (Mr. Partelow) said to him in conversation about this matter—‘ wait a day or two and it will all be right.’ If, then, a vote of want of confidence would have passed at that time, what, he would ask, had they done since, or what additions had been made to merit the confidence of this House ? Why was Mr. Hill chosen a member of the Government ? What had he done—or upon what principle was he appointed to a seat in the Executive ? That very gentleman had, during the time the negotiations were pending, twice spoken to him upon the subject, and had each time approved of the course he (Mr. W.) had adopted ; and since that he had been picked out of their very teeth—not that either, for he had never been in them. Yet this person, rejected by the constituency of Charlotte, had been put on to the Government tail , and formed the last joint He hac^ stuck on two days and then dropped off. First, there was the hon. member from North¬ umberland, (Mr. Rankin,) what had he ever done that he had been called to the Council Board ? He was, it was true, a man of high and respectable standing as a merchant, and had been a long time a member of this House; but what his political principles were nobody knew—nor nobody cared. The Government had put him down four . There was his hon. colleague, (Mr. Baillie,) he had no fault to find with his appointment, he knew what he was made of, and believed him to be good stuff. The Government had put him down two —this made six. Then there was the rejected one from Charlotte—he had been put down four , making altogether ten. He had been thinking this matter over, and had found that had the Government sat one day longer, they would have exactly come up to the time of incubation with the hen. They had sat only nineteen days, yet the Brood had come out all safe. It had been said that the Executive could not take the lead in preparing and bringing down these great measures without money. How, he would ask, did he pre¬ pare measures without money ; or how did other hon. mem¬ bers prepare these things without money ? They were per¬ fectly right if they could shirk hard work by subterfuges of this kind ; (for those things were not done without labour;) but how was the work done at all ? Why, it was done by Select Committees; he believed there were about forty on the Boards of the House at that present moment. He did not care much whether the resolutions stood or fell, yet the country would demand it from the Executive, that they should come down to the House and take the lead in mat¬ ters of great public importance. He did not wish to have them stand or fall by the success or defeat of every measure; this was not at all necessary. He would like to have seen them bring in the Imperial Duty Act for instance. He 1847 AND OBSERVATIONS. 243 could not see how any man could construe the resolutions into the yielding up the initiation of the money grants. The plain question before the House was, as embodied in the resolutions—were the Executive Government of this Pro¬ vince prepared to take the initiative in matters of great pub¬ lic importance ? This was the plain simple question, and the only meaning that could be adduced from the first resolu¬ tion ; the amendment then could only be intended to burke the question. One word more and he was done. He would now wash his hands clear of any thing like the formation of party. He wished to see party kept down, and hoped they might be able to keep it down. He wished to see nothing but good nature and good feeling prevailing around those benches ; they should bear with each other, and respect each other’s opinions. But he now charged the Government with having taken the very steps that would compel the Liberals to organize ; they had in fact said to that party—you may do the best you can—we can carry on the Government of the country without you—we care not for your opinions— neither are you any more liberal than we are. Against such a line of conduct, he now publicly and solemnly entered his protest.” Mr. Ritchie spoke in substance as follows :—“ It had been remarked by an hon. member that one dare not vote for the initiation of the money,grants to be given up to the Execu¬ tive. He (Mr. R.) had said at the hustings in 1841, that there would never be a proper Government in this Province until such an Executive should be constructed as would command the confidence, not only of that House, but of the country at large ; and to an Executive of this description he would yield up the initiation of the money grants ; and he had seen nothing since" to induce him to alter his opinion. His hon. friend (Mr. Hazen) had said the other day, in speaking upon the Executive taking the lead in matters of great importance, ‘ what can we do V He (Mr. H.) said he could copy the old School Bill, or the old Revenue Bill, and throw it on the Table like throwing a bone amongst a pack of dogs to quarrel about. That was not the way to bring down Bills to that House ; they would and should have to come down with well digested Bills—take them up and explain them section by section, and state what they were based upon ; and should they fail to work well after having been adopted by the House, they (the Government) would have to take the consequences. There was another extra¬ ordinary thing to which he wished to direct the attention of the House ; he alluded to the present mode of conduct¬ ing Crown Lands. Look (said Mr. R.) at the report of the Select Committee, which appeared upon the Journals, 244 POLITICAL NOTES 1847 respecting certain lands at the Grand Falls. (Reads last paragraph of the report.) He could not tell what to make of this. He was glad to see the head of that Depart¬ ment (Mr, Baillie) where he was, and he trusted he would explain matters connected with his office at an early day. Much had "been said about the late appointments to the- Executive ; but if they intended pursuing the course they had been following all along, why increase them at all. Why fill up the Council ? The old fragment could have brought down all the despatches from Government House,, without the assistance of the new members, and that appa¬ rently was alL they did. He had really expected that his hon. friend (Mr. Hazen) would have explained what he conceived to be the duties of the Government • and if the report which had gone abroad was incorrect, let him put it down in writing, in a tangible shape. His hon. friend had said the other day— 4 what has the Government not done?' lie (Mr. R.) would now ask him in return, what had the Government done ? When the question of yielding up the initiation of the money grants to the Executive comes fairly up, he would be prepared to give his opinion upon it; in the mean time he would go for the resolutions, and against the amendment. Before sitting down, he would say to the hon. mover of the amendment, (Mr. End,) that if he did not want to defeat the resolutions, he would withdraw his amend¬ ment ; if he persisted in pressing it, he could only say to him as he had said before, that he would bring up the question again in such a shape that he would defy them to get out of it.” Mr. End was requested to withdraw his amendment, in order that the vote might be taken squarely upon the reso¬ lutions, but he refused. The discussion ended that day with¬ out a division being taken. On the 24th March the debate was resumed, when another round of speeches followed.—[In order to dispose of this subject, while in hand, it is proposed by the writer to follow the debate to its close, thus breaking into the consecutive order of arrangement—and afterwards return to and follow the dates as they occur.]—Mr. Fisher led off, reiterating his old charges, and introducing new ones. The Hon. Mr. Hazen said—“ If the hon. and learned mover of the resolution would consent to add a clause, that the principle of surrendering the money grants was not embo¬ died therein, he would support it; he contended that this principle was embodied in the resolution, let what would be J 1847 AND OBSERVATIONS. 245 said to the contrary. (Confusion, and cries of yes, yes.— Loud cries of no, no, from the opposition.) And every hon. member who voted for that resolution, was in effect voting for yielding up the initiation of the money grants. The principal objection to this resolution was this—it was utterly impossible for any man to define the duties of a Government. (Here the hon. gentleman read an extract from the Biography of the late Lord Sydenham, showing his opinion upon this subject.) From this it was certainly evident, that the duties of Ihe Government could not be defined in this manner, and hence the absurdity of pass¬ ing the present resolution. He felt himself in duty bound to vote against it in its present shape, if he should, by so doing, subject himself to the imputation of having by his vote said—the Government will do nothing. (Here the hon. gentleman explained the position of the Council at the close of last Session, and down to the opening of the pre¬ sent.) There was a bare quorum of five, he would acknow¬ ledge—yet they had continued to carry on the business of the country up to the time of the late appointments. His hon. friend, (Mr. Wilmot,) thought hard that his reasonable request had not been complied with, but he (Mr. II.) could not help that; he had always wished, for his own part, to see him in the Government; yet he did not want him (Mr. Wilmot) to think that the Government could not be carried on without him. His farewell Address at the close of last Session had prevented his appointment during the recess; he at that time had bid farewell to political life, never more to be seen within those halls again, and he (Mr. H.) believed he was perfectly sincere. Was it to be expected that the Government would have been filled up before the elections ? (Cries of no, no.) Why had the cry been raised of a ‘ do-noth¬ ing Government?' It was perfectly absurd to talk about it. What had they done wrong—where was the cause of com¬ plaint? Was not the Province in a quiet and flourishing condition? There was not a cry—not a groan from the country—not even a single petition against the Government; where then, he would repeat, was the cause for complaint? Surely there never was such a thing heard of before. How, he would ask, had his hon. and learned friend (Mr. Wilmot) been brought forward ?—had he been sent here to cry out ‘ do-nothing Government V If he (Mr. H.) understood the newspapers correctly, he (Mr. Wilmot) had been brought forward by the Conservatives of York, irrespective of poli¬ tics altogether, and with a view to assist, by his talents and influence, in preventing the removal of Head Quarters to St. John. There had been no political speeches made by either of his hon. and learned friends (Messrs. Wilmot and 246 POLITICAL NOTES 1847 Fisher) at the time of the election—they had no. complaints to urge against the Government at that time, neither had he (Mr. H.) heard of any until the present Session. If there were any, he now asked to be informed what they were, and what was the nature of the charge ? On the contrary, some of the Government members—both Mr. Johnston and him¬ self—had been returned at the head of the poll. This did not look much like unpopularity among the people. His hon. and learned friend, (Mr. Wilmot,) who was considered the leader of the opposition—had asked the question at the first of the Session—if they meant to carry on the Gov¬ ernment with a mere quorum ; he (Mr. H.) had answered no —and no man wished to see that state of things existing less than he did. However, the Government had since been filled up—but still they were not satisfied. His hon. friend, (Mr. Wilmot,) had talked about a vote of want of confidence the other day; what, he would ask, had the Government done to call for a vote of want of confidence ? There never was such a thing heard of before ; surely they would not bring forward a resolution of want of confidence without having something to base it upon. His hon. and learned friend from the County, (Mr. liitchie,) had been returned by the same constituency with himself—yet he too had talked about a vote of want of confidence ; why did they not put it—they were as rabid a set of men as ever any Govern¬ ment had to deal with. Hon. gentlemen were going to do everything when they were on the hustings, but this was soon forgotten ; and when asked by their constituents why they had not done so and so, they would say— 4 0, the Gov¬ ernment won’t do any thing at all, and what can we do?’ This was no doubt the cause of the cry 4 do-nothing Govern¬ ment ; ’ it looked very well in the newspapers, (looking towards Mr. Ritchie,) but it was an idle and vague cry to be raised against men who were doing all they could for the good of the country. [Here the hon. member read extracts from Mr. Fisher’s speech as reported in the 4 Morning News,’ and commented upon the different paragraphs.] His hon. and learned friend (Mr. Fisher) had said that only those were Liberals who had fought for the principles of British Constitutional Government through evil and through good report; this was certainly a very exclusive and narrow¬ minded view. He (Mr. H.) was a Conservative, and would always remain one ; yet this did not prevent him from acknowledgingResponsible Government—he had, since 1844, fought for it through evil and good report, as well as his hon. friend had. He had no particular desire to be called a Liberal; yet he considered himself just as much entitled to the appellation as was the hon. mover of the Resolution. 1847 AND OBSERVATIONS. 247 His lion. and learned friend (Mr. Wilmot) called himself a Liberal too—but he was mistaken ; he was a Conservative, properly speaking. His hon. colleague from the City, (Mr. Woodward,) was a Liberal of the Howe School—(he did not say this with the intention of casting any imputation)—he (Mr. Woodward) went the whole figure, giving up the money grants, Departmental system—resigning the office with the seat in the Council, and the whole machinery of the system; he, then, was a Liberal. A Conservative (as he understood it) was a man who was willing to adopt Responsible Govern¬ ment to a certain extent, but unwilling to go the length of an out and out Liberal. He regretted exceedingly that any mis¬ understanding should have arisen between him and his hon. and learned friend, (Mr. Wilmot) yet he hoped this had been satisfactorily explained. He (Mr. Wilmot) had made a most violent attack upon Mr. Hill the other day, for what reason he (Mr. Hazen) was at a loss to tell; he had since talked with Mr. Hill concerning the conversation alluded to by the hon. and learned member upon that occasion, and Mr. Hill denied that any such conversation ever took place. (From Mr. Wilmot—Does he really deny it ?) Yes, he had done so to him. Ilis hon. friend (Mr. Fisher) had in 1843 lauded the hon. member of the Government (Mr. Chandler) as being a Liberal, and had said that he (Mr. F.) would be willing to go into any Government with that hon. gentleman and the Hon. Charles Simonds. He mentioned this merely to show that his hon. friend (Mr. Fisher) had not drawn a correct line of distinction between the parties. He had read in a City paper early in March, that when the hon. member for York (Mr. Wilmot) returned from Queen’s, there would beagrand attack made upon the Government. He looked upon Mr. Wilmot as the leader of the party, and had waited with much anxiety for the coming attack : but now it seems that the other hon. member for York (Mr. Fisher) had assumed the leadership, and had brought on the present debate. Since that it appears that they (Wilmot and Fisher) had been joined by the hon. and learned member for Northumberland, (Mr. Street,) and he (Mr. H.) had heard it reported that the Liberals of Fre¬ dericton were going to give him (Mr. S.) a dinner. (From Mr. Street—I hope so, I’m glad to hear it.) So was he too, but he thought he had better stay at home. [Here the hon. gentleman read from a ‘New Brunswicker’ a report or sum¬ mary of the previous debate on the Resolution, and com¬ mented upon it as he proceeded, in a humorous style.] This was of course written by his hon. colleague Mr. Woodward. He mentioned these things to show that an attack upon the Government had been premeditated, and what had it amounted to ? He had told them when he went down to the 248 POLITICAL NOTES 1847 city next day that his hon. friend Mr. Wilmot had made a most eloquent and amusing speech, and so he had; he (Mr. W.) had certainly shown them up in a most ridiculous light, and no one he was certain had laughed at it more heartily than he (Mr. H.) had. [Here Mr. Hazen took up Mr. Ritchie’s speech and went through it, replying to the several argu¬ ments.] As to the Government doing nothing, he would say now as he had said before, that there was one class of mea¬ sures which the Government could not bring forward without having the initiation of the money grants; there was another class which he acknowledged they could. The question of giving up the initiation of the money grants into the hands of the Executive, was fully discussed before the House in ? 43, when there were only five or six in favor of it. But the most singular resolution ever brought forward was that of Mr. W. H. Street’s, (who was at that time a member,) 6 that this House would vote for no money grant except it origi¬ nated with the Executivefor this, only three members voted, (Messrs. Street, Hill, and Fisher.) It was his opinion at that time, and he had not yet altered it, that they never should be given up ; it was a right of the popular Branch, and they, as individual members, were sent here to protect those rights. It was impossible that any nine men could bring into the Government the amount of information and local knowledge possessed by this House. If they were prepared to do as they had done in Canada—erect the County into Municipal Corporations, and let the people manage their own local affairs, it would be all very well—the Government then could manage the rest. (Reads again from despatch of Lord Sy¬ denham.) Here it had been very truly remarked, that no Council could bear up against the odium of refusing the in¬ numerable demands for assistance that would be (if they had the initiation of money grants) made upon them from every part of the Province. Hon. members could tell this by the complaints about the division of the road money. It was nonsense to talk about it—the Government would be going in and out all the time. (From Mr. Wilmot—there’s no doubt of it.) He acknowledged that the Government should take the lead in matters of great public improvement and advantage, or in other words, the general welfare of the people. But the word improvement meant great public works. This he thought was the distinction. (From Mr. Wilmot—get Walker.) How, he would ask, was it possible for any Government to prepare a Revenue Bill without knowing how much money the House intended to grant; this was not their duty at all. The same rule would apply to the Road Bill and the Appropriation Bill. This was the class they could not bring in without the surrender of the 1847 249 AND OBSERVATIONS. money grants; these were the public improvements which, according to the resolution, were to ‘develope the resources of the Province.’ As to the Education Bill, he admitted they should take the lead in this; but the great difficulty was to get men to agree upon this subject. What were thirty or forty members sent to this House for—was it to sit idle and wait for the Government to bring in every Bill ? It had been said it was the duty of the Government to assist in making railways. Suppose he had come down at the open¬ ing of the Session, and said—Gentlemen, I have expended .£20,000 on railways during the past year, I have been 4 de¬ veloping.’ What would be the cry then ?—O, we have no confidence in you—turn him out. This would be the effect of ‘developing.’ Suppose he was to employ half a dozen Doctor Gesners and send them through the country 4 develop¬ ing;’ these surveys would cost a large sum—-yet they could not commence 4 developing’ without a preliminary survey. The fact was, the resolution was only calculated to mislead the Government and country both, and to be productive of much mischief. If the Government were to come down to this House and ask for £10,000 for surveys, they would not get it, and they knew it. It might be said in answer to this, that the present Government did not possess the confidence of the people; if they thought so, turn them out and get another. The same argument would apply to the subject of Emigration. As to the other class of measures, such as Education, Amendment of the Laws, Reduction of Salaries, Redressing of Grievances, and the like, he agreed that the Government should take the lead therein. He could take up the Acts of the Province, and show that many of the most important measures, for a number of years past, had been introduced by the Government; but having trespassed so lonf upon the time of the Committee, he should forbear for the present. He would only add, that he did not believe any man, or set of men, could carry on the Government without the confidence of the country. The hon. and learned member concluded a two hours’ speech by saying that he believed the Conservatives were quite as much entitled to the confidence of the country as were the Liberals, and by the decision of that country they would stand or fall. 32 POLITICAL NOTES I84T 2&0 CHAPTER XVIII. Want of Confidence Debate continued—Mr. L. A. Wilmoth charges All parties profess to be Diberals — The practicability and impracticability of the Responsible principle—Difference of opinions, pro and con, upon the initiation of the Money Grants— Charges against the “ Old Compact”—Heads of Departments " Inconsistency charged against Members — Definition of a British subject—3R\ Fisher’s Resolution rejected—School Re¬ serve Bill Emigration Scheme — The Temperance Organiza¬ tion Monument to Captain Pipon—Provincial Lunatic Asy¬ lum— Captain Charles Rainsford of the 10RA— Close of the Session. On the 25th March, Mr. Wilmot commenced the discussion on the Want of Confidence Resolutions. He said— . u ^ be bon * gentleman (Mr. Ilazen) might have spared • 1 the trouble of making the defence he did. He (Mr. Wilmot) had heard that he (Mr. Ilazen) was to be presented with a gold medal for his admirable defence of that nearly extinct race—the old family compact. He saw that he should have to cross a lance with his hon. and learned friend, (Mr. Ilazen,) politically. Yet he hoped the same good feeling which had characterized the debate thus iar, would be continued. A great deal had been said about politics and political principles ; but his political principles were not of yesterday—he had gleaned them from the his¬ tory of his country, a country w T hich they were all proud to own. Would any hon. member dare to tell him that because we were three thousand miles from the heart of the British mpire, that the blood of freemen should not flow through the veins of the sons of New Brunswick ? If so, he had yet to learn the reason. Before he sat down lie would endea- 1847 AND OBSERVATIONS. 251 vour to show his hon. friends what the distinction was between Liberals and Conservatives—what the Liberals had done, and what the Conservatives had not done. Now to the resolution. His hon. friend (Mr. Ilazen) had said yesterday, that the resolution meant initiation of money grants. When this announcement was made, he had heard a shout from the direction of his hon. friend, (Mr. Partelow,) in a tenor voice, and an hon. member in the rear (Mr. Barberie) joining in a sort of falsetto accompaniment. He thought his hon, friend (Mr. Ilazen) was much to blame for having accused his hon. colleague (Mr. Woodward) with writing an article in a City paper. What, suppose he had written it, did not some of the first noblemen and statesmen in England write for the papers ? He would not deny that he had written for the papers himself some little squibs. But it was wrong to placS an hon. member in the position where he would have to affirm or deny it. A great cry had been raised of a contemplated attack on the Government, and after all it had turned out that their fears had been excited by a newspaper paragraph ; the Government had fortified all their out-posts, and Ilis Excellency and two Aids had been on the look out for the coming attack. At length his hon. colleague (Mr, Fisher) brought forward his resolutions, when they said to each other, 4 why, this does’nt mean anything—this is no attack.' But they slept over it one night, cracked some wine upon it, and while sitting under the mahogany they had said— 4 Ilazen, 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.’ 4 O,’ said Hazen, 4 1 have it— initiation of money grants—that’ll do; I’ll just go down to the House, and cry out 44 mad dog,” 44 initiation of money grants;” Members will become alarmed, and we’ll succeed in defeating them.’ But the hon. member from St. John, (Mr. Jordan,) had made the most wonderful discoveries ; he had taken a peep from the look-out station at the enemy; he had looked through a political microscope, and had dis¬ covered more than the Commander in Chief himself. 4 Why,’ says he, 4 there’s everything there—I see 44 free trade” and 44 protection” both, and let me see—I—there’s the 44 Board of Works” too; and round on the other side I see 44 Municipal Corporations.” ’ He would endeavour before he sat down to prove that the arguments of his hon. friend (Mr. Hazen) were fallacious. He (Mr. H.) had been ‘developing’ at a great rate yesterday; he was not asked to develope the money, but to bring down such measures as would develope the Provincial resources ; this was the meaning of the reso¬ lution, and had not his hon. friend (Mr. II.) become alarmed ( 252 POLITICAL NOTES 1847 for the safety of the Government, there was no man into whose hands he would sooner have placed the resolution. But he had chosen to put the construction upon the reso¬ lution which he had done, and other hon. members said 0, he knows what it means better than Ido; he has cried ‘ mad dog,’ and we’ll follow him. The Government was not asked to bring in the Revenue Bill, or any other bill which in¬ volved the principle of money grants ; all the resolution required was, that they should be prepared, at the opening of the Session, with such measures as might 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 had been fhe case this Session. Hon. mem¬ bers would recollect that there was a Constituency behind them, to whom they were accountable ; but they might resolve, and re-resolve as they pleased, there was a spirit of inquiry abroad among the people, a political intelligence, which was not to be found a few years since when his hon. friend (Mr. II.) had denounced Responsible Government as all nonsense ! What was the case when Responsible Gov¬ ernment was first talked of in this Province ? Who had de¬ scended from their lofty eminence to warn the people to beware of these new doctrines ? The old Official Compact Party—they who had entrenched themselves behind the pre¬ rogative 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 your rights and privileges for so long a time, would warn you to beware of that dreadful monster, Responsible Government. These were the people who called themselves Conservatives ! What, he would ask, did they conserve ? Everything but the good of the coun¬ try ; and had the conservatism of ’36 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. It had been said by hon. members of the Government, that there was no distinction between Liberals and Conservatives. If this was the case, why had they objected to have him and two others taking seats in the Council because they were Liberals ? Here was a ques¬ tion which he would like his hon. friend (Mr. Hazen) to answer. The Conservatives did not wish to see any power in the hands of the people. (From Mr. End—not too much.) The hon. member from Gloucester, Mr. End, had receded from his principles wonderfully; his speech yesterday was certainly a most extraordinary one ; he had said to the Gov¬ ernment in a most supplicating tone of voice—give me fair play—give me the appointment of all the Bye-Road Commis¬ sioners, Magistrates, Sheriffs, and so on, in Gloucester, and 1847 AND OBSERVATIONS. 253 I will support you ; that is all I want. He (Mr. W.) would take care not to be misunderstood in these matters, he would not allow any man to be the exponent of his political princi¬ ples. (Here the hon. member went at large into the princi¬ ples of Departmental Government, explaining his views there¬ on.) He believed Departmental Government to be inseparable from our Institutions, but would oppose the immediate in¬ troduction of the whole system ; he would bring it in step by step as the country was prepared for it. Some extra¬ ordinary notions were entertained as to the source from whence the power of the Government was derived; the freedom of Government did not come down from the Crown, it went up from the people; and if the people were fit for those Institutions, they were fit for self-government. He had frequently said, that they who got the people’s money should do the people’s work. (From Mr. Partelow— Yes, that’s right.) lie would now come down a step further —what was the case in ’37 ? He was not going to disclose any secrets this time—but would 6peak low. He wished to ask his hon. friend (Mr. II.) if, after the Administration changed in 1837, the Government had the cordial co-opera¬ tion of the heads of departments? Ho! there had been a counter-working going on—a constant endeavour to lead the Government astray, and place them in a wrong position, and his generous hearted friend (Mr. Hazen) had to come down to this House and defend them. It was 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 was 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 was, in his opinion, the only constitutional remedy for the good working of the Government. These five gen¬ tlemen who had lately formed the mixed Government, had asked for Departmental Government when they signed the Address to the Queen ; yet now they refuse to adopt it. He would like to know when they intended to graduate—did it depend upon the age of the country, or the state of the atmosphere? The fact was, whenever the people of this country, through their representatives, chose to ask for it, they must get it. In 1844 they had run 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 was this brought about —why was the tune changed so suddenly ? They at first 254 POLITICAL NOTES 1847 said Responsible Government was not fit for a Colony—the next cry was, it was not fit for New Brunswick, and finally they had 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 had done, (reads the speech as delivered in the British Par¬ liament,) and when they had first asked for it here, it was in full operation in Canada. His hon. friend (Mr. Hazen) had accused him of having receded ; but he would now ask him to point out how he had done so ? He (Mr. H.) had also said that he (Mr. W.) was brought forward at the last Election by the Conservatives. True, but he had been backed by all his old friends, and he told them if they took him, they must do so with all his former opinions—opinions which he never would give up. When they talked about there being no difference in political names—there was a difference ; those who had contended for liberal principles had their names covered with obliquy. They asked for a constitution that, while it protected the Queen upon the Throne, threw, at the same time, its paternal arms around the helpless infant. This they asked for—this they wanted— the pure—the free—the glorious constitution of England; for this they had contended, for this the Liberals of New Brunswick had fought, and let them call them rebels who had nothing else to" write about, he cared not; they asked for a system that would give fair play to all—that would up¬ set all Family Compacts, and give to the sons of New Bruns¬ wick their birthright—the benefit of free institutions and self-government. This was what they wanted, and he would not submit tamely to be called a rebel; he defied any hon. member to look at his political life and say where he had ever overstepped the bounds of the Constitution ? If he did live three thousand miles from the great body of the Empire, still that Empire sent its blood through the veins of every British subject. A son of New Brunswick had the same rights to the benefit of her Institutions, as had the resident of London, and he (Mr. W.) would not submit to be cut off by any political manceuvrings. “ Mr. Carman followed at some length on the Government side of the question, and went pretty fully into the history of Responsible Government, from its introduction into Canada down to the present time; but denied that even the first steps had been taken in this Province, or that the Executive was responsible to the popular branch at all. He also thought it doubtful whether the celebrated report of Lord Durham had been written by himself. He thought we could never have Responsible Government until Departmental Government was also introduced. He did not wish to see 1847 255 \TJ AND OBSERVATIONS. those British practices introduced into this Province_the country was not fit for them. He could not see why fault should be found with the gentlemen who had lately o-one into the Government; he regretted that the hoh. member lor lork (Mr. Wilmot) was not there—his talents, abilities, and the services which he had rendered the country, entitled him to a seat. Mr. Gilbert said there were four lawyers in the present Executive, and three or four operatives. The latter class, he thought, should go out. But no ! those old superannuated fellows would stick there in spite of them. Put the four legal gentlemen out, and you have seven of the same class candidates for the office. Let them go in, and the last state of this Province would be worse than the’first. These office seekers made sappers and miners of the i°-no- rant members; but he could see no use in this digging at alh lie never would give up the initiation of money grants while he had a Legislative existence, and should oppose the resolution.” ******* Mr. Fisher said that on Tuesday, 16th, he had moved a resolution relating to the Government, and that after a lengthy debate the House had adjourned without comiDg to a division. He would now move the resolution a second time, 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 Ad ministration.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.” To which Mr. Woodward moved as an amendment—To expunge the whole thereof, and substitute the following:— i( Resolved , As the opinion of this House, That while it fully recognizes the accountability of the Executive Council to the Assembly of this Province, it will expect that hence¬ forth 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 re¬ sources, and the general advancement of the Public interests.” The question being taken upon the amendment, the House divided as follows :— Yeas —Mr. Fisher, Woodward, R. D. Wilmot, Brown, btreet, L. A. Wilmot, Ritchie, Ilaniugtou, Miles, Hayward, Connell, Crauuey—12. POLITICAL NOTES 1847 250 JSfaus _The lion. Messrs. Hazen, Rankin, and Baillie, Mr. End, Jordan, M‘Leod, Barberie, Carman Gilbert, Vail, Boyd, S. Earle, Smith, Wark, Botsford, Wilson, Read, Taylor, Thomson, Porter, Partelow, Steeves, J. Earle 16. It was therefore negatived ; and the original Resolution was likewise negatived by the same vote when the House adjourned. On the 20th March “ the School Reserve Bill” was re-com¬ mitted, on motion of Mr. L. A. Wilmot. The measure and the whole debate may be summed up in a few words. The Government were charged with having granted, since the settlement of the Civil List question, large quantities, of lands to the Churches of England and Scotland, amounting to upwards of 6,500 acres, which lands were originally re¬ served for the use of Parish Schools in the different Coun¬ ties of the Province. It was charged that the Government had no more right to interfere with those lands, after the passage of the Civil List Bill, than they had to touch.the Bank of England. When it was thought for a certainty that the Civil List Bill would pass the Legislature, it was alleged that the Government in one day granted several thousand acres of those lands to the English Church—in trust to the Chief Justice, the Archdeacon, the Attorney and Soli¬ citor Generals, and several other public officers—to be used as new Churches should be built. The object of the mover was to prevent the School Reserve Bill from legalizing the titles given by the Government to these lands. The motion was sustained without a division. On the 22nd the House went into Committee of the whole on a Bill, (prepared by the Emigration Committee,) intro¬ duced by Mr. J. A. Street, “ for the encouragement of Emi¬ gration,” As the question of Emigration has frequently been under discussion in this Province, and all sorts of theories advanced for the settlement of the wilderness lands, it may be useful to the reader at the present time to explain to him the nature of the plans proposed at a former peiio . The hints may serve also as a guide to future efforts in the same direction. The debate that followed was very lengthy; but the essential features are all that is requisite for the present purpose. 1847 AND OBSERVATIONS. 257 The Bill provided that the Province should be laid off into districts, and in each district there should be marked off* blocks of land for settlement, under the supervision of agents to be appointed by the Governor, by and with the advice of the Executive Council. These blocks of land fo be laid off in small lots, and given to such Emigrants as wished— upon their arrival—to settle in the country; to be paid for by labour on such roads as would be opened up through the lands. The Bill proposed to allow them three years to pay for their lands, and further to give them such pecu¬ niary assistance as would enable them to purchase provisions for two years, also farming utensils, seed, &c. It was thought this would bring in a healthy class of Emigrants. The Bill further proposed to afford relief to destitute Emigrants in this way : That the different agents should lay out roads through these lands, and when applied to for relief by destitute Emi¬ grants, they should be empowered to set them to work upon the roads, in order that they might earn enough to supply them with the common necessaries of life, until they could better their condition, leaving it discretionary with the agent to afford such relief to females, and others unable to labour, as they saw fit. It was contended in opposition to this measure, that it would require from £10,000 to £20,000 a year from the revenues of the Province to maintain the system. The agents too would require salaries; the laying out of these lands would require money; to convey these people from the sea board into the interior would also cost from four to five pounds a family; and after they arrived at the place of settlement, they could not be left there to suffer —they would require houses to shelter them, and provisions to eat. It was contended that the Home Government should bear a part of the expense. It was feared that should the Bill pass, it would induce a large number of pauper Emi¬ grants to visit this Province, and after arriving here we should be obliged to take care of them in some way. It was further urged that the only feasible mode of affording relief to those people, or of settling the country, was to employ them at first on public works, until they became inured to the climate, and then those who wished might take up land and become permanent settlers. It was utterly impossible (it was said) 33 258 POLITICAL NOTES 1847 for poor people who might come nere in June next, to sup¬ port themselves, and provide for the severities of a winter season ; the Province would have to erect them houses, and find them provisions. This had been the opinion of many- eminent men, (among the rest the late Lord Sydenham.) To bring out Emigrants, and furnish them with provisions, &c., would have the effect of destroying their energies, and render¬ ing them dependent and miserable. Besides, this Bill was in direct violation of a despatch from Earl Grey, dated in January last. His Lordship says, that to give them land, to he paid for in labour on roads, would he of little or no use. The Bill, it was urged, would cost an immense amount, if carried into operation, and would fill the Province with paupers. If the Home Government could he induced to undertake the construction of some great public works, (said one of the speakers,) such as the Halifax and Quebec Bail¬ way, or a military road between those Cities, it might then answer to hold out some inducements in the way of land. The Bill was useless, without some such public works to employ them at first. To give them land, and find them pro¬ visions, would have this effect—the moment you ceased giving they would leave the country. It was finally agreed to report progress. On the 30th March a long Temperance debate took place. It was in consequence of a motion made in Supply to place on the books .£50 for the Temperance Telegraph newspaper published in St. John. About this time the Temperance body was assuming formidable dimensions, and its influence was considered worthy of propitiation by hon. members on both sides. The system of government being in a transi¬ tion state, will account for this to a considerable extent; although of course there were members who supported, or opposed the cause, or rather certain movements in connec¬ tion with it, from principle—for example, Hr. Thomson in opposition to the grant, and Mr. L. A. Wilmot in support of it. Reference is merely made to the matter here (in passing) that the Temperance reader may, if he wish, con¬ sult the newspapers of that date, to know how matters, in which he feels a deep interest, then stood. Reference is also made to it, because in after years the organization J *847 and observations. 259 became so powerful that it led to the overthrow of the first Liberal Government formed in New Brunswick, and the testing of a great constitutional principle, in consequence of bringing into collision for the first time (under the new sys¬ tem) the Lieutenant Governor and the majority of the House. The division upon the grant to the Telegraph at the time to which reference is now made, will explain the influence of the body—it was carried 21 to 10. Sixty pounds were placed at the disposal of the Govern¬ ment, for the purpose of erecting a monument to Captain Pipon, a young officer of the Royal Engineers, who was buried in Fredericton.* On the 9th April, Hon. Mr. Ilazen brought in a Bill for the erection of a Provincial Lunatic Asylum, the principal features of which are as follows : the Government to appoint Commissioners, and appropriate a sum not to exceed ,£12,500; £5,000 to be drawn the present year, £2,000 for the purchase of the land. Plans and specifications to be sanctioned by the Government. The Bill was sustained. On the 10th April, Mr. L. A. Wilmot moved in Supply for a grant to enable Charles Rainsford, Esq., late Captain in His Majesty 104th Regiment, to purchase 500 acres of land. Mr. Ritchie having expressed a hope that the grant would not pass, Mr. W. said that Mr. Rainsford had rendered a most valuable service to his country at the time the 104th marched through the woods on snow shoes to Canada; he had heard him spoken of by people up the river who knew the circumstance. Mr. Rainsford had performed one of the great¬ est feats on snow shoes ever undertaken by any man, and had * This officer had been on the Inter-Colonial Railroad Survey, as an asso¬ ciate with Lieut. Henderson, and was drowned in descending the Restigouche River, under the following circumstances:—The canoe in which he and the canoeman were, was overturned, and both swam for the shore, which they reached in safety. The former on gaining his footing seeing a fisherman in a canoe which they had passed at the head of the rapids, a considerable dis¬ tance off, and that the boy with his head just above the water, and clinging to the bow of the canoe, was being rapidly carried down the stream, Capt. Pipon immediately plunged again into the rapid, and swam straight for the canoe. He found, however, from the weight of his clothes and the strength of the water, that he could not reach it, and he turned to regain the shore; scarcely had he done so when he suddenly gave up swimming, his hands paddled convulsively above his head, and the strong deep waters swept him down; and although the man who had swam ashore with him at first, seeing his danger, at once plunged into the water, his efforts to reach him were fruitless, and Capt. P. sunk to rise no more in life. His remains were reco¬ vered and brought to Fredericton for interment. POLITICAL NOTES 1847 2G9 thereby saved the whole Light Company of that Regiment from frost and starvation. This feat was spoken of (said Mr. W.) among the French and Indians to this day ; besides Mr. R. had rendered further valuable services to his country on the battle field, and he (Mr. W.) hoped they would not refuse this trifling tribute of respect to so worthy and deserv¬ ing a man. The grant then passed without further opposition. On the 14th of April the Legislature was prorogued. In His Excellency’s closing Speech the following occurs :— “ It is especially gratifying to me that you have concurred in the importance which I have attached to the introduction of an improved system in the management of the Parish Schools ; and I hope you will have reason to find that the powers which you have entrusted to the Executive Govern¬ ment, as a Board of Education, have been exercised in such a manner as effectually to realize the objects for which you have so liberally provided. “ The Acts you have passed for the removal of all fiscal restrictions on trade between these Colonies, and for the pro¬ tection of English Copyright in books, will, I doubt not, be productive of all the benefit to be expected from measures which evince your liberality and sense of justice.” 1848 AND OBSERVATIONS. 261 J (184S. ) CHAPTER XIX. His Excellency's Speech — The Opposition attack upon the Speech — Reply carried—Erection of a City Hall in Fredericton — Removal of the Seat of Government question again opened up — Want of public spirit among the Frederictonians — The Usury Laws — Opposition to their repeal by Liberals — Exploration of a Line of Railroad from St. John to Shediac — Colonial Office Despatches—Halifax and Quebec Railroad—A tilt between Mr. Hazen and Mr. Wilmot — The intermeddling of the Colo¬ nial Office — Why there are better Roads in New Brunstvick than in Nova Scotia — Discussion on the Initiation of the Money Grants—Temperance Temple Company, St. John—Tenure of Office. The Session of 1848 was commenced on the 19th January. The following extracts are made from His Excellency’s Speech. The reference to the financial management of our affairs is indicative of the evil effects of the old system :— “ A deputation from the several Provinces having met at Montreal in the last year, on the invitation of the Governor General, to consider of a proposal from Her Majesty’s Gov¬ ernment for the transfer of the General Post Office, and for the introduction of a uniform system and rate of postage, it was attended by a member of the Executive Council, and from the result of the deliberations of the Board, which will be laid before you, I hope that this important measure will be satisfactorily accomplished. “ It is with much regret that I have occasion to notice the occurrence of disturbances in some parts of the Province, 26 2 POLITICAL NOTES 1848 which have led to the commission of serious outrages, call¬ ing for active interposition in support of the laws, and for the adoption of measures for the better security of life and property, by providing more effectually for the Police of disturbed districts, and by improving the means of secondary punishment in the prisons. ******** “ A spirit of improvement would be excited in the Local Communities by an improved system of finance, which would facilitate the judicious application of the public credit in the execution of works of acknowledged benefit. “ By such measures, I should confidently hope that the resources of the Province would progressively be developed, its revenues sustained, and the community preserved from a recurrence of those distresssng reactions which are the ordinary consequence attending the disturbance of the gene¬ ral course of trade.” Mr. End moved the Address in reply to the Speech. In the course of his remarks he said that he attributed the arrival of the clouds of wretched people, who had landed upon our shores during the past season, not so much to the famine in their own country, as to the Irish landlords. He regretted having to attribute blame to a body of men, against whom the hand of the assassin was already raised; but from many cases which had fallen under his observation, he was satisfied they (the landlords) had not acted properly. In commenting upon that paragraph in the Speech which refers to road appropriations, he remarked, that he was really tired of this everlasting harping upon this subject—those who talked so much about it were really ignorant of the state of things in this country; it was all very well for them to ride out in their carriages upon their fine English turnpikes, and speak contemptuously of a two pound grant on a road in New Brunswick; but if they were out here, and had been through as many mud holes as he had been, they would not talk thus. Chafing under the disappointed hopes of the previous Ses¬ sion, when the Liberals sought to have a fair representation in the Government, the Session now opening was destined to be even more stormy than the previous one. The leading Liberals were therefore to the front, with their javelins poised, ready for a thrust at any vulnerable paragraph which might be presented in the Speech. The Address in reply furnished the first opportunity for charging home upon the 1848 AND OBSERVATIONS. 263 - Government. Mr. Partelow proposed that that part of the Speech which referred to the Post Office negotiations, should he referred to a Select Committee to report upon. Mr. Ritchie sprang to his feet, and said that as the Government had this matter in hand during the recess, it was their duty to introduce a measure for perfecting the arrangement. lie thought that notwithstanding the odium that was attempted, last Session, to be cast upon the term “ developing the re¬ sources of the Province”—and the rejection of Mr. Fisher’s resolutions—the “pressure from without” was becoming great, and the Government was beginning to feel it too. The old practice of governing a Province merely for the benefit of a favoured few, would not answer any longer; the fact was, the people required that Government men should work, and it was right they should. They had the means for col¬ lecting information no single member had, and they should come down prepared with measures upon important topics; the House would then become what it should be—a delibe¬ rative body. It was in this way that the resources of the Province would become developed—hooted at, as the term had been. “ Mr. End said that referring this subject to a Committee would not take it out of the hands ot the Government; he thought that the lessons to be learned in the other Colonies should teach hon. members moderation. He denied that the term ‘developing’ had been hooted at; the members of that House should not be mere cart horses, but teamsters too, with brains. He was willing to see the Government work, but did not wish them to do all. Had the resolutions spoken of passed last winter, hon. members would then have said—O ! we’ll wait for the ‘ moving of the waters,’ until the angels come down upon the house tops, and stir the pool. He did not like this breaking up of old systems, because they were old ; the feelings of the people were against this break¬ ing up system and party feeling, and party Government too. Hon. members might talk of being ‘ thrown overboard,’ and so on ; but if a Jonah did get overboard, he trusted no whale would pick him up and cast him ashore again. “ Mr. "Wilmot threw back the insinuations of the hon. and learned member from Gloucester with some warmth. He said he (Mr. End) had been delivering himself of a few frag¬ ments, and he trusted he would now feel better. According to the doctrine of the hon. and learned member, the ‘ Gov- 264 POLITICAL NOTES 1848 ernment team’ might be composed of totally blind horses— it made but little difference what they were, so long as they —the mules—had to do the work, and not wait for the angels to come down and move the waters of the pool, so that the halt, and the lame, and the blind, might come in. He (Mr. W.) did not understand the hon. member in his allusion to the surrounding Colonies; the history of our Constitution showed that the greatest danger was to be feared from too great a degree of quietude. It was by a constant watching that a proper energy was infused into the different branches of Government, and a just balance of power thus preserved. He did not wish to break up old systems, but to revive a still older one. He acknowledged himself one of the opposition —a Liberal—a Badical; or as he had been frequently termed —a Eebel, if it suited them better. (Cries of no! no!) He trusted this matter would be left in the hands of the Gov¬ ernment. “ Hon. Mr. Baillie regretted that his hon. colleague in the Government (Mr. Iiazen) was not present; but let whatever steps be taken, there must be a reciprocity of action on the part of the different Colonies ; Government could not bring down a Bill until some correspondence could be had with Canada and Hova Scotia. The hon. member continued at some length, and stated, among other things, that the Gov¬ ernment were prepared with measures to ‘ develope the resources 5 of the Province. Mr. B., in the course of his remarks, also stated that there were in this Province 11,000,- 000 acres of ungranted Crown Lands, which, at 2s. an acre, were worth eleven hundred thousand pounds. 5 ’ Mr. Partelow’s resolution, however, was carried without a division, as were also three others, referring different sub¬ jects of the Speech to Select Committees. This may be put down as the first party breeze of the Session—to be followed by many more—but only a few such discussions can be noticed; for in these constitutional debates there must necessarily be a great deal of repetition. The Address was finally sustained and conveyed to His Excellency. Hon. Mr. Baillie introduced a Bill for the erection of a City Hall in Fredericton. He was opposed by several of his colleagues, on account of the large County debt still exist¬ ing. The discussion of this measure brought up the removal of the Seat of Government question. One hon. leading gentleman contended that the Seat of Government would be 1848 AND OBSERVATIONS. 2G5 removed from Fredericton within five years.* The necessity for the erection of a City Hall was admitted by every member. The Court Room then used, was unfit for the purpose—a disgrace to Fredericton. Besides, there was no public clock. If a Hall were put up, a cupola for a Clock might be placed upon it.f One of the members for York in supporting the Bill, made some remarks not at all complimentary to the public spirit of his constituents. Some of his observations are here given, although had they been made by an outsider, it would not be considered prudent to notice them—nor are they here noticed because the writer sympathizes with the views expressed. He said there was a great deficiency of public spirit and enterprise in Fredericton. There is (said the speaker) the up-town party and the down-town party— the upper crust party and the middle crust party. (From Mr. End—and the sauce party.) Yes, and the sauce party too. There was no energy manifested about public affairs— those who were most able, were the least willing ; and those the most willing, were the least able. lie would almost ad¬ vocate the removal of the Seat of Government, if he thought it would be the means of infusing a little energy into some people. But he would now tell the hon. mover of the Bill, that the seeds of mortality were already sown in its vitals; a tax of 2 l-2d. each on some men would frighten them al¬ most to death ; and if the Bill did, through careful nursing, live to reach the door up stairs, it would meet with a very sudden death after it got inside. (Progress was then reported, and the House resumed.) A Bill introduced by Mr. Woodward to exempt Bills of Exchange and Promissory Notes from the effect of the Usury Laws, was committed on the 27th Jan., and gave rise to a very spirited debate, in which the principle of the Usury Laws, as then existing, was closely examined. Mr. Fisher thought * The prophecy still remains unfulfilled. It is to be hoped that the Scat of Government (or what is left of it) may now be regarded as a fixture. Nothi ng has tended more to the unsettled value of property in Fredericton, than the agitation of this subject from year to year. f The brick building called the lower Market House, sprang out of this Bill. But considering the use to which it has been put, it is an extravagant waste of money. For the last four years it has been used as a temporary barracks. The fine Court Room up stairs had but for a short time been used as such. As for the Clock, if it were not for the Cathedral, we should be all astray for want of the right time. 34 POLITICAL NOTES 1848 m the Usury Laws* were useless, and he would go for their total repeal. Every man in the community could raise the price of his commodities, except the moneylenders, and they were prevented by these Laws from doing so. He would repeal them, and in the absence of any special agreement, let 6 per cent, be considered legal interest. The trade of the country could not be carried on in strict conformity with these laws; they formed an entrenchment, behind which rogues and dis¬ honest men took refuge. Messrs. (L. A.) Wilmotand Ritchie anticipated dire conse¬ quences, if 46 the present laws were disturbed/’ The feelings entertained were more alarming than experience has justi¬ fied. The latter gentleman said— 44 relax those laws, and 44 where is the man having money to lend, who would let it 44 out for six per cent, when he could get twelve—the effect 44 would be to place the whole resources of the country into 44 the hands of some half a dozen money lenders”.f The former hon. gentleman said— 44 the abolishment of the Usury 44 Laws would, in his opinion, be politically wrong; and who- “ ever sanctioned a law by which one man could take advan- 44 tage of the necessities of another, sanctioned that which 44 was morally wrong. Who, he would ask, vrould be bene- 44 fited by the repeal of these laws?—the Money Lenders. 44 What branch of trade or industry had prospered in this 44 Province, by paying even six per cent, for money ? Not 44 one. If then ruin had been caused by the payment of six 44 per cent., what, he would ask, would become of the country 44 had they to pay twelve ? The Lumbermen—men who have 44 manifested an enterprise, and an energy of character, which 44 if directed into proper channels, would have enriched them, “ had—nineteen out of every twenty—ruined themselves, 44 at even paying six per cent. What would the Banks in 44 Saint John do if this Bill were to pass ? These institutions * It has always been the opinion of the writer that money, like any thing else, should be allowed to find its own level in the Market; and the effect would be quite the opposite to that feared by some—viz : that monied men would keep their money in the Province, instead of seeking, as some of them do, foreign investments, and thus add to the wealth of the country, as competition in this respect as in others, would enable enterprising persons to obtain money at reasonable rates, perhaps less than 6 per cent. f The Usury Laws, however, have been modified of late years. While the law will not enforce more than six per cent, it will not prevent a lender taking ten per cent. 1848 AND OBSERVATIONS. 267 <( were in the habit of leading men on step by step during “ the continuation of prosperous times; but the moment a cloud arose in the commercial horizon, they began to haul “ in their sheet—to press hard; and the consequence was, u utter prostration and ruin. Did his hon. friend (Mr. Fisher) “ mean to tell him, that these men would step forward, after 11 the passing of this Bill, and relieve the commercial pressure “ by advancing money at the rate of ten per cent, interest ? “ He thought they should be extremely careful how they “ placed in the hands of any man, or body of men, a power “ by which they could do wrong. He was opposed to the “ Bill, and could not see how it could ever be supported. Mr. Woodward summed up in a brief speech. lie said— “ The hon. gentleman’s morality (Mr. Wilmot’s) was six per “ cent.; his, was the state of the market. He thought a man <£ perfectly justifiable in paying ten or twelve per cent, for “ money, providing he thought he could do good with it— “ and he could not see any thing morally wrong in the trans- “ action either. He would not take up the time of the House; “ the provisions of the Bill had been found to work well else- “ where, and he hoped would pass here.” The question being taken upon Mr. R. D. Wilmot’s motion for postponement for three months, the House divided—22 yeas to 7 nays—and so the Bill was lost. On the 28th Jan. Hon. Mr. Hazen brought in a Bill to authorize the exploration of a line for a Railroad from She- diac to Saint John. He also, by command of His Excellency, laid before the House several Despatches from the Colonial Office, relative to the exploration of the line of Railway from Halifax to Quebec. One of these speaks of the report of Major Robinson as being favourable to the undertaking ; and intimates to the House, that the time had arrived when it would be called upon to redeem its pledge, by defraying a just proportion of the expense of Survey. In regard to the Shediac Railroad, a sum of money was asked for having the exploration made. Quite an animated discussion followed. Mr. Jordan made quite a lengthy speech in support of a grant. In answering Mr. Jordan, Mr. Wilmot, who opposed, amused the House for some time—at the ex¬ pense of the projected scheme. The observations which POLITICAL NOTES 268 1848 follow are merely given to sliow what was thought of the road and speculation at the commencement. “ The hon. member (said Mr. W.) talks about the income _the immense income to be derived from this Railroad? I can fancy myself being at St. John, and witnessing the arrival of tbe Lake Lomond train, laden with buckle-berries and birch brooms! Yes!—and there is the raspberries too— why the mind becomes lost in attempting to estimate the immense amount of profit to be derived from this extensive trade. Yes—and there was the salt mines up in Westmor¬ land, and the oysters over at Shediac, the Cumberland but¬ ter, and Tantramar hay. Taking these things all together, it would be a great trade ; it would also be a great advantage to an hon. friend who had to travel so far around in going home; after this railway was established, he could jump into a car, and in a few minutes he would be at home, in Restigouche. “ Hon. Mr. Hazen retorted upon Mr. Wilmot. That hon. gentleman had attempted to ridicule Lake Lomond ; but he could tell that hon. and learned gentleman, that Lake Lo¬ mond, considering its advantages, evinced a greater amount of industry and public spirit than did the City of Fredericton. There had been no arguments used against the Bill—ridi¬ cule and local prejudice were the only weapons of its oppo- sers. The hon. and learned member for York was constantly exclaiming against people not working—and calling out sleepy-hollow ; and now when a measure is brought forward to develope the resources of the Province, he is the first man to cry out against it. He was pleased that this debate had occurred—it only went to show the impossibility of doing anything with such men ; aiid whatever the. fate of the Bill would be, he would be satisfied with having dis¬ charged his duty, beside the satisfaction of having placed some people in a false position. “ Mr. Wilmot replied with some warmth. He would take care about the false position spoken of; and he would also take good care who misrepresented him for the future. He was not to blame for the great want of public spirit manifested in Fredericton; he appealed to fifteen years’ experience in active public life to show that he was not a ‘sleepy hollow’ man; he would wear himself out sooner than rust. The hon. gentleman (Mr. Hazen) had said that he would now rest satisfied with having tried to develope the resources of the Province. Well! well! well! such a Government measure as this for the development of the Provincial resources was never before heard of!—a little Bill to explore a line of railway from St. John to Shediac, cut 1848 AND OBSERVATIONS. 269 out by the Colonial Minister, and reliewed by the Emigrant Agent! Really this was developing with a vengeance ! “ Hon. Surveyor General said if they wished for money to explore this line of railway, let them take it out of some of the Bridge or Water Company Bonds, or out of the £3,000 lent the City of St. John, to enable them to feed their paupers. He had no objection to their taking £2,000 from this source. However, he would withdraw his opposition.” The Bill -was then agreed to without a division, and the blank filled up with £1,000. The absence of self-local Government and Executive Res¬ ponsibility was in no way more palpable than in the practice that existed, by which the Colonial Secretary was invited by our rulers, from time to time, to interfere in matters purely local, of which he could have but little, if any, knowledge. On the 7th February a very animated debate occurred, upon the subject of an alteration in the road appropriation system, as proposed by Earl Grey in a recent despatch, which was laid before the House. His Lordship’s attention had been invited to the laxity of the system, money being voted with¬ out estimate, and the chief remedy proposed was the placing of the initiation of the money grants into the hands of the Government. This surrender the House would not consent to, while the Government were never anxious for it, as the old system gave them power and influence over members. A brief reference to the debate will convey to the reader some of the opinions held at the time. Mr. End would not give up the present system for the best Colonial Minister that ever won a title. Mr. L. A. Wilmot denounced the old system as rotten, unconstitutional, and radically wrong in its every fea¬ ture. Mr. Brown acknowledged there were some defects, but thought it a difficult thing to improve it, unless they were guided in the matter of proportioning the money by the information of one man—one pair of eyes—whose business it should be to travel all the roads over, and report their real wants. Mr. Jordan defended the old system, because we had better roads than either Nova Scotia, Canada, or the United States. Mr. Ilanington thought it strange that the Government should have thought this matter of such paramount importance, as to make it a subject of remonstrance to the Colonial Office ; and yet here two or three weeks of the Session had expired, without any measure having emanated from them upon this subject. Mr. Ritchie said hon. members might try to convince them¬ selves of the beauties of the old system, and thus draw the wool over their own eyes ; but the fact was, the system was wrong in principle, and rotten both in theory and practice. Why had they better roads here than elsewhere ? Because, for every 20s. laid out in Nova Scotia, New Brunswick spent £10. Mr. Steeves said the hon. and learned member had denounced the old system as rotten in principle and practice; yet he had not pointed out. one instance where it was so. Mr. S. defended the old system in a lengthy speech. Mr. End, in a satirical way, represented Fredericton as contain¬ ing all the knowledge, and all the information, and all the morality. He thought this subject was like Mr. Fisher’s reso¬ lutions last Session—they smelt of initiation. He smelt the rat already; his tail could be seen through the hole. Dr. Thomson thought had Earl Grey referred back to the early history of his own country, he would never have written this despatch. Mr. Boyd reprobated the old system, and expressed his willingness to yield up the initiation of money grants into the hands of the Executive Government, and then make them responsible. Mr. Barberie defended the old system with much energy. Mr. Gilbert took fire at the idea of yielding up the initiation of money grants; and launched forth an invective against it and the new system. He concluded by quoting the memorable words of Nelson, used*at the battle of Trafalgar:— “ Along the line the signal ran, England expects that every man This day will do his duty ” He therefore hoped they would do their duty, and not yield this boon up to any branch. Mr. Tibbits was in favour of an alteration in the system. Mr. Fisher thought the Com¬ mittee was only doing by resolution what the Government had not the moral courage to do. Mr. L. A. Wilmot closed the debate. On motion of Mr. Partelow, the different Select Com¬ mittees, to take into consideration the contents of the various despatches from the Colonial Minister, were appointed. A Bill introduced by the Hon. Mr. Ilazen, to incorporate the St. John Temperance Temple Company, was committed. 1848 AND OBSERVATIONS. 271 Mr. Carman, in advocating the passing of the Bill, stated that the amount paid for spirituous liquors imported into the Province during the past year, amounted to over eighty thou¬ sand pounds , while the whole amount of our staple exports, timber and deals, for the same period, amounted to about four hundred thousand pounds, or nearly one fourth the amount of exports. On the 10th February a despatch in answer to an Address of the House was laid upon the table by His Excellency’s command. This despatch was a transcript of that previously laid before the Assembly of Nova Scotia upon the subject of Responsible Government, and the tenure of office, &c. Mr. Fisher gave notice of his intention to move, at an early day, a resolution upon this subject. “ Mr. Barberie moved a resolution, praying that Ilis Excel¬ lency would be pleased to cause to be laid before the House, copies of despatches, if any, received from the Colonial Office upon the subject of Responsible Government, and tenure of office, &c. &c. Mr. B. contended that the despatch already laid before the House was only applicable to Nova Scotia, having first been transmitted to Sir John Harvey, and a copy afterwards furnished His Excellency here. This despatch had grown out of the peculiar difficulties and situation of the Sister Colony, difficulties which had never existed here; and he trusted never would. lie could not for a moment sup¬ pose but that a despatch had been received for this Colony, and his object in moving the resolution was to obtain all the information upon this subject. He wanted to know what his Lordship’s views were with regard to this Province, and not Nova Scotia. AVho asked for this despatch in this Pro¬ vince ? He did not want it; the House did not want it; neither did the people want it. “ Hon. Mr. Ilazen had not come down to that House, and stated as he had, that this despatch was applicable to this Colony, without good authority. If the hon. and learned member would examine the despatch, he would find Earl Grey’s own words as to its applicability. He trusted the hon. mover of the resolution would consent to withdraw it, as it might tend to embarrass the Government of the Sister Colony ; there was nothing to be gained by it, as he was cer¬ tain the Government had no wish to conceal anything. “ Mr. Boyd was of the same opinion as the hon. and learned member of the Government. The former Address of the House had been answered fully by the despatch before them ; 272 POLITICAL NOTES 1848 and however galling it might be to the feelings of some hon. members, Responsible Government must come. “ Mr. Brown said there could not be a question but that the despatch was applicable to New Brunswick, except the hon. and learned mover of the resolution could make out that this was not a British Colony, he should oppose it. “ Mr. Sanington expressed the same views as the last speakers precisely. He was happy to think that they had obtained these new principles without any wrangling. “ Mr. Carman spoke in favour of the resolution. He would like to know whether the celebrated despatch from Lord John Russell was still to be in force; or whether any Colonial Minister could sit down and dictate constitutions to the Colonies by the mere scratch of his pen. It was a bitter pill, but he supposed it must be swallowed. “ Mr. L. A. "Wilmot thought the despatch was very plain, and did not require an interpreter. His Lordship meant just what he had said, and nothing more nor less; and his hon. and learned friend who had just sat down would fincf out what it meant, when his hon. colleague (Mr. Fisher) brought forward his resolution upon this subject. There was no new ebullition in this despatch; it was nothing more than the old principles reiterated ; and it was only to be wondered at, that the intelligent constituencies of this country had tole¬ rated the old system as long as they had. “ Hon. Mr. Hazen stated that any gentlemen accepting office under this despatch must comply with its terms, and that would be a question entirely resting between such per¬ sons and the Government. “ Mr. Ritchie said that this despatch would be hailed with delight throughout the length and breadth of the land. His hon. friend, Mr. Barberie, when this question comes fairly up, would find himself in a very different position from last year —in a minority! Let him therefore go on continuing—as he always had done—to oppose everything like liberal prin¬ ciples, or good Government. (Some difficulty here arose as to the exact state of the question.) Mr. Partelow said he had moved the previous question, and now pressed it; he thought the hon. and learned mover of the resolution would be left in a very small minority this time. “ Mr. Partelow moved that on Tuesday next it be made the order of the day for going into Committee in further consi¬ deration of Ills Excellency’s messages.” 1848 AND OBSERVATIONS. 273 CHAPTER XX. Responsible Government Resolutions—The principles, how viewed, as suiting individual interests—Party Government in Canada and Nova Scotia, for the first time—Coalition in Nova Scotia — Un¬ equivocal admission of the new principles by the Conservatives — Constitutional Speeches—The Government divided upon the Revenue Bill—Removal of the Seat of Government—Proper Provincial Building—The Lieutenant Governor unwell in Saint John — l 1 he Legislature is transferred to that City, where the Assembly is prorogued—The last Speech delivered by Sir Wm. Colcbrooke as Lieutenant Governor—Fresh and vigorous agita¬ tion during the recess against the Government — Messrs. L. A. Wilmot and C. Fisher, join the Conservative Government. On the 24th February, the following resolution was moved by Mr. Fisher :— “ Resolved, As the opinion of this Committee, that the House should approve of the principles of Colonial Govern¬ ment contained in the despatch of the Right lion. Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies, of the 31st March, 1847, and of their application to this Pro¬ vince.” Mr. Ritchie said that he had also prepared a resolution upon the subject, which he liked better than that of his hon. and learned friend’s from York, which he would read :— “ Resolved, That the circumstances of this Province present no obstacle to the immediate adoption of that system of Par¬ liamentary Government which has long prevailed in the Mother Country, and which is a necessary part of Represen- 35 274 POLITICAL NOTES 1848 tative Institutions, on the terms and to the extent set forth in the despatch of Her Majesty’s Principal Secretary of State for the Colonies, addressed to His Excellency Sir John Har¬ vey, dated 31st May, 1847, and communicated to this House on the 10th day of February, instant.” Mr. Ritchie did not press his resolution. The discussion therefore turned on the original one, in which every leading member in the House took part. The members of the Gov¬ ernment contended that Responsible Government had been in existence in the Province for the last four or five years. What Government, it was asked, during that time had ever denied their responsibility to the Assembly, which, it was maintained, was the very essence of Responsible Govern¬ ment ? The opposition disputed this assumption. There could be no responsibility, said they, until the constitution was properly defined, and the machinery brought into work¬ ing order; and this could not be done while the Government contained within it the cogs and wheels nearly worn out with rust, requiring to be renewed and lubricated, in order that all parts should play one into another harmoniously, without obstruction or giving forth discordant sounds. Both sides of the House agreed alike, that the word responsibility had at length found a place in the political vocabulary of the Pro¬ vince. Its applicability alone was the real point at issue,, which led to a diversity of opinion. The predilections of the Conservatives rendered it impossible that they could see the meaning of the word in the same light as the Liberals did. The one party considered the responsibility which the Le¬ gislature had, from the beginning, over the Government for the time being, was as complete as was essential to our Colonial circumstances. While their opponents found fault that the responsibility was not direct enough. It was requi¬ site, they said, and in accordance with British usage, that as soon as a Government could not command a majority of sup¬ porters in the House, they should give way to others—instead of which they now held their places, in spite of an adverse vote, inasmuch as the new system had not been established by a resolution of the House, for the rule of faith, to be observed in all party contests that might arise. The Liberals could not believe in the responsibility which gave a Government the option to retire whenever it suited their ow r n convenience. 1848 AND OBSERVATIONS. 275 J If the House expressed a vote of want of confidence in a Gov¬ ernment, and they did not think proper to obey it, there was no power in the Province to disturb that Government. The Liberals wanted them to feel the influence of the House, and be controlled by its action, leaving them no option whatever. In short they wanted the constitution reduced to something like mathematical precision, through which all the chances of political advancement might be equal, and well understood by all classes—that there should be some inducement for the youth of the land to cultivate habits of industry, and the natural talents they possessed, so that in their aspirations for political distinction they might have a fair start, and no favour—no hindrances or obstacles to deter them on the road, in the object of their pursuit. At this juncture (1848) the principles of Responsible Gov¬ ernment were upon trial in Canada and Nova Scotia, in which Provinces the advocates had met with a sturdy opposition from the commencement.* It was incompatible with a de¬ pendent position for a Colony to govern itself, and at the same time be governed by the Mother Country. There would be constant collisions between the Home and Pro¬ vincial authorities. This strife would lead to revolution, and revolution to republicanism. Such cries as these in both Provinces met the Reformers at every turn in doing battle for what they called the people’s rights. Having succeeded in dispelling much of this prejudice, and obtaining a large influence in the respective Parliaments, the Reformers next made a dash in order to drive their opponents to the wall, and test the question beyond further dispute. Shortly after the arrival of Sir Charles Bagot, as Governor General of Canada, Mr. Hincks in his address to the people of Oxford, said that he held office in the Government upon the tenure of public confidence. At the next meeting of Parliament a vote of no-confidence in the Government was carried in the House, which was the first vote of the kind in a British Pro¬ vince that foreboded the downfall of the old system. It was the application, in its incipient form, of the responsible prin¬ ciple to Canada, and from that time forward it was recognized * The elections in both Provinces in .1847 resulted in large Liberal ma¬ jorities. 276 POLITICAL NOTES 1848 and acted upon by both parties as a settled question, as far as understood at the time. But there were still difficulties to be overcome ere the whole of the machinery could be made to perform its functions without jarring, or discord. Colonial Governors had to be drilled into a knowledge of their new relationship to their advisers. Accustomed to doing pretty much as they pleased, without particular regard to the advice of their Council, if that advice did not happen to accord with their own views, it was like attempting to deal with a child who had been wayward all its life, for a Ministry to reason with a Governor whose power and autho¬ rity were felt to be independent of Parliament. The “ Royal Instructions” had not been made sufficiently intelligible to them, in a Colonial sense, to save them from the committal of gross political blunders. Sir Charles Metcalf, who suc¬ ceeded Sir Charles Bagot, was an exemplification of this character, as referred to in a previous chapter. In Nova Scotia too, the introduction of Party Govern¬ ment was beset with great difficulties. The coalition which was formed, under Lord Sydenham, (Governor General,) when on a visit to that Province, soon split up and resolved itself into its original elements. The Government had been a compromise between the Liberals and the Conservatives ; it was the first infusion of the reform ingredient into the Executive Council; but the Conservative power, (led by Mr. Johnson, now Judge Johnson,) being nearly twice as strong as the Liberal, it was discovered after about a year of sickly existence, that the component parts, the oil and water, would not mix, or commingle for the public advantage. An appointment was made to the Legislative Council (that of Mr. Almon) by the Johnson wing of the Government, without even so much as consulting the Liberals, when the latter withdrew from the administration, thus bringing about a crisis which led to the destruction of the coalition. At the next general elections the liberal party were sustained; and from thence may be dated the commencement of Party Gov¬ ernment in Nova Scotia, After this long digression we resume the subject of debate —viz: a consideration of the despatch resolutions, before referred to. The members of the Government, led by Hon, 1848 AND OBSERVATIONS. 277 Mr. Hazen and their supporters in the House, contended that there was no occasion for a resolution affirming the prin¬ ciples of the despatch, for those principles were admitted and would be acted upon, in accordance with the mandate of the Colonial Office. The Government therefore would vote with the opposition for the resolutions; and when the coun¬ try demanded the Departmental system, they would be pre¬ pared to vote for that also. Mr. Ritchie congratulated the Liberals for the success that had at length crowned their long course of agitation—for their success in opening the eyes of their opponents to the real meaning of Responsible Govern¬ ment, after having been censured for years and charged with entertaining revolutionary wishes. Mr. J. A. Street was fully persuaded that Responsible Government must hence¬ forth be in full operation. The last despatch was very clear to him, but the Government, he said, had not acted up to its principles—neither the Attorney, nor Solicitor General, had been called to the Executive Council ; and it was requisite that the Departmental principle should be introduced in order to the successful worldng of the new system. Nova Scotia was in advance of New Brunswick in this respect, for there the Attorney and Solicitor Generals vacated their seats and went back to their constituents on accepting office in the Government. The initiation of the money grants, Mr. Street contended, should be placed in the hands of the Government, as an adjunct of the responsible system. Mr. Woodward spoke strongly in favour of the resolutions. He considered that “ initiation” should be surrendered by the House, to prevent the present hap-hazard system of voting away the revenues. The Hon. L. A. Wilmot made a lengthy speech, contrasting the past political history of the Province with its existing condition and constitution.* Mr. Fisher’s resolution was sustained—24 to 11—after a debate which occupied several days, the lobbies and galleries being very much crowded all the time, by anxious and inter¬ ested listeners. This, then, was the first unequivocal admission by both * This speech was delivered on the 24th February, 1848, and was reported in the newspapers of the day; the young political student will therefore know where to And a large amount of valuable information upon the subject of Responsible Government, as contained in this debate. ) 278 POLITICAL NOTES 1848 parties that Responsible Government had obtained a foothold in New Brunswick. The great battles, however, were fought for us by Canada and Nova Scotia. The collisions in those Provinces between Representatives and Executive Coun¬ cillors and Governors, were formidable, and sometimes all but rebellious. The Colonial Office was continually besieged by delegations from both parties—for and against Responsi¬ ble Government. In this Province our politicians gazed upon the battle from afar, and beheld the alternate rising or waning fortunes of the combatants with the enthusiasm of interested spectators, as we certainly were; for we knew that the sister Provinces could not conquer a new system of Gov¬ ernment without New Brunswick benefiting by the change. The discussions from time to time in our Legislature, if they did* not, as in the other Provinces, create that acerbity of feeling in and out of the House, between friends and neigh¬ bours, though rival politicians, they tended to keep the embers of party alive, and the subject of Responsible Gov¬ ernment before the eyes of the country. Quarrelling and bad blood were unknown. General principles were dealt with in an amicable spirit. The newspapers did not abuse one another —there was certainly none of that acrimonious spirit that manifested itself at a subsequent period, on occasions when the issue perhaps was not a bit more important. But be this as it may, Responsible Government was carried for New Brunswick, not altogether by New Brunswick politicians. To the statesmen of Nova Scotia and Canada are we largely indebted for the Government we enjoyed up to a comparatively recent date. But if Nova Scotia took the lead of us in this matter, New Brunswick shot ahead of her sister Province in making appli¬ cation of a very vital element in the new constitution. The “ initiation of the money grants ” was not given up to the Executive Council of Nova Scotia until long after the con¬ cession had been made by the House of Assembly in this Province. In 1848, and prior thereto, the system of voting away the public moneys (as before frequently referred to) was most objectionable. It was both extravagant and cor¬ rupt. It was contended by the Reformers, that if we were going to have a paid Government, (supposing the heads of 1848 AND OBSERVATIONS. 279 Departments to occupy seats in the Council,) they should he under the necessity of developing the resources of the coun¬ try, and this could not be done without having full control of the moneys. The duty should devolve upon the Government to prepare a Revenue Bill. Under existing circumstances (it was contended) there was no responsibility in cases of extravagance, or misapplication of the revenues. The Gov¬ ernment could not be made accountable while the House held the purse strings and scattered the money right and left. Every member legislated, in a special manner, for his own County, when in Supply. All worked in the dark. One section log-rolled, as it was called, against another. The most useful member to a constituency was he who could ob¬ tain the largest haul out of the public chest. Financial in¬ trigue went farther with them than constitutional ability. The introduction of a Revenue Bill was always a signal of battle between the Free Traders and Protectionists, these being the two. great parties that kept the House in a state of fever on such occasions. Each disputed .vehemently on account of his own theory. The Protectionist could see nothing to save the country except high duties upon boots, hats, chairs, and other manufactures; while the Free Trader contended that the country would be ruined unless everything manufactured or unmanufactured, came in duty free. Between the two fac¬ tions a sort of patch work Revenue Bill was generally framed, neither free trade nor protection in its applicability, but a compromise between the lobbyists in the House and their Representatives in the Hall. The Government for the time, as already remarked, were not responsible for this irregular state of things. The House would not part with their privileges—it was the people’s rights, they said, to handle and control their own money—for the best system in the world. The right to initiate alone, they contended, belonged exclusively to them. It gave them power in the House and influence among their constituents. Why then should they wish to alter a system that came down to the people like other blessings under Magna Charta—a system that proclaimed their independence and their right to spend their own money as they pleased—one which, in the estimation of the road maker and the bridge builder, could not possibly be improved. 280 POLITICAL NOTES 1848 The Government, too, did not always move in a body—the Council was divided among free traders and protectionists— when the Revenue Bill was under discussion. Individual members of the Government, like others, voted in accordance with their own predilections. The great surprise is, that with all this laxity, a Revenue Bill could be framed at all that would quadrate with the income and expenditure of the year. If there was a mistake, however, it was seldom on the side of a deficient revenue; and it always turned out that if a high tariff brought into the Treasury more revenue than the absolute wants of the country required, the House was never very much embarrassed to know how to dispose of the surplus. At the present day the whole of this abominable system is changed; and it will be seen as we proceed, when and in what way, the change was brought about. On the 18tli March, a resolution was offered by Mr. W. J. Ritchie, for the removal of the seat of Government from Fred¬ ericton to St. John, which gave rise to a warm discussion. The York members fought valiantly for the seat as it stood. On the 20th the House divided 26 against and 8 for—the removal. This subject has for years been a bone of conten¬ tion between hon. members; and the consequence is that private property remains unsettled, and of no fixed value, while the public buildings have always presented a rubbishy appearance—always looking like a temporary arrangement- very cramped and inconvenient for carrying on the business of the country. It would have been far better for the inter¬ ests of the people of York and of the Province at large to have finally settled this question forty years ago. There can be but one argument for or against the removal, which might have been applied and enforced at any time within the last forty years; and it is a misfortune that decisive action has not been taken before this; for if it had been resolved finally to continue the seat of Government where it is, arrangements could have been made for the erection of a Parliamentary building and public offices, that would have been compatible with the dignity and wealth of the Province. But until the members of the House come to the conclusion to borrow money and put up a proper building, the seat of Government 1848 AND OBSERVATIONS. 281 ■question is liable to be re-opened at any time. Better far to remove tbe seat of Government at once than keep the mat¬ ter in doubt, and consequently never have a proper building to assemble in. But the writer presumes that the question is settled, by the opening of the 'Western Railroad, which practically places Fredericton within three hours of the sea¬ board. Let New Brunswick soon rejoice in at least one public building worthy of the ornamental architecture of the age. In his reply to Mr. Ritchie, Mr. L. A. Wilmot remarked that the removal could not possibly take place at a less cost than £70,000. In consequence of the Lieutenant Governor having been taken unwell, while on a visit to St. John, both branches of the Legislature were summoned to that City on Thursday the 30th March, and assembled in the Court House, the Council in the Court Room up stairs, and the Assembly in the Com¬ mon Council Chamber. At five o’clock, His Excellency, having called both branches together, delivered the closing Speech of the Session, and the last of the kind ever made by him in this Province. In a few weeks afterwards he was succeeded by Sir Edmund Head. Sir William Colebrooke and his lady (the latter since dead) were, for their private qualities, highly esteemed by the people of New Brunswick. Sir William was the first Governor who suggested important constitutional changes—was ever anxious to have some respon¬ sibility fixed upon the acts of his advisers, and thus enlarge the area of action among legislators and people. Local Gov¬ ernment, by means of Municipal Corporations, found in him a hearty supporter. The initiation of the money grants in the hands of the Government was strongly advised, as a safe¬ guard to the people, more than once in his speeches. He had the prudence to keep himself beyond the reach of mis¬ understanding with persons or party. The difficulty that arose between his advisers on account of the appointment of his son-in-law to office, was incidental altogether to the system which gave him rights that were considered to be indisputable, and not from any disposition on his part to usurp power, or thwart the wishes of those who stood out against him. After the prorogation (which took place in the month of 36 282 POLITICAL NOTES 1848 May) agitation was renewed and continued, for the recon¬ struction of the Government, which was absolutely required for the working out of the new principles. Rumour gave to the Liberals prominent places in the Cabinet that was to be. Up to this time we only had Responsible Government in theory. It was then some months old—or, since the Conser¬ vatives admitted the full force and effect of Earl Grey’s des¬ patch. The Liberals, however, mistrusted the sincerity ot the Government—they could not believe that their old oppo¬ nents would warm into life and activity a child in which they had never discovered a single virtue. At all events, they failed to give the bantling room to play. For example, the Attorney General (Peters) had been dead several months, and his office was still kept vacant. The same Provincial Secretary held power, notwithstanding Earl Grey’s despatch had rendered his office political, and it was therefore incum¬ bent upon the Secretary to obtain a constituency. (Hon. Mr. Saunders then held the office.) Indeed there was noth¬ ing to indicate on the part of the party in power an honest conversion to Responsible Government. The same men held office—the same rule of conduct prevailed—nothing, in short, seemed to be changed but the sentiment, a mere word which stood for “yes,” because it was more convenient for the time than to say “ no.” The Liberals now became clamorous for the performance, as well as the promise, of the new order of things. They thought, as they now had something to do with the knife for cutting the political loaf, they should likewise have half the loaf itself. Accordingly they demanded a recon¬ struction of the Government—one half the seats to be Liberal and the other half Conservative. What reasonable objection could there be to an equal division of power in a Govern¬ ment where all were supposed to be influenced and controlled by one set of political principles. Messrs. L. A. Wilmot, Fisher, and other prominent Liberals, made this the issue, and took firm ground upon it. At best a coalition (said their friends) was bad enough. It had sadly failed in Nova Scotia —(in the Howe, M‘Nab, Uniacke, and Johnson Govern¬ ment.) But still they were willing to overlook the failure across the borders, and test the experiment in Hew Bruns¬ wick ; but certainly not without an equal division of the seats 1848 AND OBSERVATIONS. 283 —for as a victory had been gained over their old opponents it would never do to allow the vanquished to carry off the larger share of the prizes. The old Adam, it was believed, was still alive in the breasts of the dominant party; and unless they were checkmated in the Government by an equal influ¬ ence, the controlling power would preponderate on the side of their friends. True, the Liberals as a party, were in a minority in the Legislature; but they were fast gathering strength in the country. The people now had something before them in a bodily shape to take hold and discuss. A liberal concession had been made by the Colonial Office ; and it was believed that there was in reality some solid ground to stand upon ; and it was only a question when the time should arrive for the new system to be put into complete working order. At the utmost it was believed that the Government could not hold out more than a year or two longer in its un¬ settled and undefined position. It must either give the Liberals what they asked—half the seats—or the Conser¬ vatives must lose all that they held themselves. The political strength of the country was rapidly accumulating; and, like an avalanche, after being undermined and disturbed in its bed, would ere long sweep down and carry all that stood in its way. At an unfortunate moment, just as the Liberals were in good heart, and felt encouraged as to the future, Mr. L. A. Wilmot and Mr. Fisher, after many rumours published from day to day—all inimical to the belief of their friends—joined the Conservative Government—went in as they said to assist in working out the great principles which had been the political study of their lives. The first announcement of this fact in an official form was made in the Gazette of May 24th. The Liberals out of Parliament felt as if their right hands had been suddenly paralyzed. All hope of a radical change, with the loss of two of the ablest standard bearers of the party, now vanished. It was almost worse than use¬ less to contend longer for equal political justice, when the leading champions of the party had joined the standard of the enemy—not, it is true, as deceivers, and with a view of working into the hands of the Conservatives. Their friends could not think this of those who had never given them 284 POLITICAL NOTES 1848 cause to suspect treachery. On the contrary, they believed them to be still as patriotic and einbued with the same genuine feelings as ever. Honest in their intentions but mistaken in their policy. It was not so the year before when Mr. Wil- mot was determined upon having a fair number of his libe¬ ral friends in the Government. We have seen that in 1847, a conference took place between him and one of the mem¬ bers of the Council in order if possible to reconcile differ¬ ences and reconstruct the Government. We have also seen that at that conference Mr. Wilmot demanded the privilege of taking in with him a certain number of Liberals (it was supposed at the time to be half.) He was requested to name his friends. This he refused to do, until his claim was first recognized; this was not agreed to, and so the negotiations broke off*. No one doubted but that both Mr. Wilmot and Mr. Fisher could have gone into the Government in 1847; but at that time they demanded more than two seats. They gained nothing then by waiting a whole year. The office of Attorney General in the mean time having become vacant Mr. Wilmot accepted it, and Mr. Fisher went into the Gov¬ ernment without office. This was the great political mistake of their lives. Mr. Partelow was made Provincial Secretary, Hon. Mr. Kinnear, Solicitor General. Neither of the two former gentlemen felt it incumbent upon him to go back to his constituents for re-election. They considered the Kesponsible Government fruit hardly ripe enough for pluck¬ ing in that way. The friends of Mr. Wilmot, although they thought a great deal of his talents, considered that Mr. Partelow was the more wily and clever politician of the two—that the chances of the former, in the pursuit of an object with his colleagues in the Government, were not to be compared with those of the latter. It required at least two good Liberals to checkmate a man like the Provincial Secretary, who knew better than any other person in the Legislature, how to manipulate hon. members and mould them to his purposes. But the naked fact stood out, that in a Government of seven members, the Liberals were only allowed two seats—so that the reconstruction was regarded as a mere shuffle of the cards, with the fingers of the dealer placed in certain parts of the pack, in order that particular 1848 AND OBSERVATIONS. 285 coat cards should turn up in the places most desired. True some of the Liberal papers at the time aimed to convince themselves that others of the gentlemen who joined, or were in the Government, were well knowm for their liberal ante¬ cedents and tendencies; and therefore the Liberals had four seats instead of two. But those papers were required, and failed, to show that the quasi-Liberal gentlemen referred to were adherents of the school of politics to which the advo¬ cates of Responsible Government belonged—those who had assisted Messrs. Wilmot, Fisher, and others, to fight the battles of reform amidst the most opprobrious epithets. Evidence of genuine sincerity was wanting ; and every staunch Liberal in the country pronounced the coalition movement, under such disadvantageous terms, as worse than a blunder, which would ultimately result in disaster and a break-up of the Government at an early date. One of the writers of the day, over the signature of “ A Constituent,” thus remarked upon this unnatural alliance:— “ But however much the anti-reformers desire credit for their tact and management, by which they have secured to themselves for a few years more the patronage of the Gov¬ ernment—the advocates of responsibility should not have lent themselves to assist them ; thereby destroying their party, and making the responsibility of the Executive Gov¬ ernment to the present House of Assembly a mere form. The only remedy for the evil is a dissolution, and appeal to the constituency at the earliest possible day. How Mr. Wilmot and Mr. Fisher could have accepted office (parti¬ cularly the former who receives emoluments with it) without carrying out their principles, and appealing to their consti¬ tuencies, 1 am at a loss to conceive, and cannot reconcile their actions with their principles. But Mr. Partelow is perfectly consistent; he only acknowledges responsibility so far as may be necessary to carry on his own politics, and he is more than a match for both Wilmot and Fisher at intrigue any day, though the latter is pretty clever. Since the acces¬ sion of Liberals to the Council, we do not perceive any change in the patronage of filling any office, all going ou the way we should expect if the exclusives alone were the dispensers, thereby proving that the addition have no power, or if they have they are exercising it for the benefit of their opponents. In my opinion, Responsible Government in this Province is only a nominal, not a real responsibility, at this time, and one which will no more satisfy the wishes and 286 POLITICAL NOTES 1848 interests of the people than the most ultra Tory Adminis¬ tration the country has ever had.” Shortly after joining the Government, Mr. Fisher’s con¬ stituents, residing in the Parish of Southampton, presented him with an address approving of his course, to which the hon. gentleman replied in an article which occupied four and a half columns of a Fredericton newspaper, in vindi¬ cation of his conduct, and in explanation of the policy by which he and his colleague (Mr. Wilmot) expected to be influenced in the new Government. Mr. Fisher said— “ In accepting office, I have compromised no principle; I have neither changed nor surrendered any opinion which I have hitherto advocated in Trade or Politics in general.” Again he observes— “ Whatever may be the present disadvantages of a Coalition, I think that any other course than that which I have adopted, would have been an injury not only to my principles, but also to my political friends ; as it would present us as a body of impracticable men, not content unless we could have every thing our own way.” But, as it was anticipated on all sides, both by friends and opponents of the Government, the Coalition (if such it could properly be called—five of one party and only two of another) did not work harmoniously after the few weeks of its honey¬ moon had passed by. The iron and clay could not cement. The patronage still continued to be dispensed in the Con¬ servative interest. A Liberal stood no better chance now than he did before of getting into office whenever a vacancy occurred. The Conservatives still had the field to them¬ selves, and appointed their own men—while the Liberals out of doors, who had fought the battles of the party, were passed over as in the olden time, thus proving that the Liberal element in the Government was without influence. There were several vacancies in the Legislative Council. A contention arose between the two sections of the Govern¬ ment, as to who should have the situations. Rumours spread thick and fast that the Liberals wished to have Dr. Hartt, of Fredericton, Mr. Charles Connell, of Woodstock, and Mr. Hill, of Saint Stephen ; while the Conservatives resolved upon translating the Hon. R. L. Hazen from the lower to the upper branch of the Legislature, and leave 1848 AND OBSERVATIONS. 287 Messrs. Wilmot and Fisher to fight the battles of the Gov¬ ernment in the Assembly—that is, two of the champions of Liberalism, who had waged an incessant and uncompromis¬ ing warfare against a system of government, of which the main supports still existed in power, were now to be placed in the anomalous position of acting as the defenders of their old opponents. The principal coalition Journal, which could discern no harm in the one sided amalgamation, when it' was concocted a few months before this, now began to see for the first time, not only the impolicy but the impracti¬ cability of the whole movement, and thus expatiated upon the weakness of his Liberal friends in the Government:— “ When we said that we would narrowly watch the con¬ duct of our Liberal friends, we said truly; and we now tell them plainly, that so far as their course in power has run , they have not acted with the energy or devotion to their own principles which we expected . Except in the case of the Hon. Attorney General, whose place was given by the old Council, the Liberals have yet got nothing save promises , which can only be honored in the observances; and we protest against the proud wave of Constitutional Reform being stayed so far short of its destination.’* This was some confirmation that the friends of the gentle¬ men who had joined the Government, were correct in their belief that the two had made a mistake. 288 POLITICAL NOTES 1849 ( 1840 .) CHAPTER XXL Important suggestions in the Governor's Speech — Railways—The Speech accepted by the country as indicative of better things — The principles of government still without practical definition — Despatch of the Colonial Secretary upon the tenure of office — Members of Government unwilling to go back to their Constituents for re-election—A discouraging Despatch respecting the Inter¬ colonial Railway — Vacant Seats in the Legislative Council — Hon. Mr. Hazen leaves the House and joins the Council—The Constituency of Saint John called upon to fill up the vacancy — Candidates who offer—The Constituency split up into Parties — The result of the Election shows the people to be still indifferent to Responsible Government. The Legislative Session of 1849 was opened on the 81st January, by Sir Edmund Head, who, since the previous Ses¬ sion, had succeeded Sir ¥m, Colebrooke. In his speech His Excellency suggested a number of important questions for the consideration of Parliament—such as Emigration, an improved system of disposing of the Crown Lands, the Halifax and Quebec Railway, (Messrs. Henderson & Robin¬ son having just completed their survey at the instance of the Imperial Government, and a report of which would shortly be submitted,) the Saint John and Shediac Railway, inti¬ mation as to an improved system of voting away the public moneys, &c. The Saint John and Shediac Railway has since been built, but the Halifax and Quebec line is still in abeyance, even 1849 AND OBSERVATIONS. 289 among the uncertainties of the future, although eighteen long years have rolled away since the Lieutenant Governor thought it of such immense importance, as to express him¬ self in the following language :—“ I believe the destiny of “ these Provinces is, under Providence, involved in this “ question, more than in any other which I can name.” At the conclusion of His Excellency’s opening speech, he remarked—“ the members of my Government will be ready “ to lead the way [in bringing forward some of the measures “ previously suggested,] and I as Her Majesty’s Represen¬ tative shall at all times be happy to co-operate with you in “ such measures.” This remark augured well for the advancement of Respon¬ sible Government; for without measures upon which to try the Government there could be no available responsibility. The complaint against the old system was that it did not require or compel obedience to this principle. As a Gov¬ ernment they were held together by a knot that no Assem¬ bly could cut. Even if the House passed a vote of want of confidence in them [as was frequently done in Hova Scotia in Sir Colin Campbell’s time) it would have but little prac¬ tical effect; for they were not obliged to yield, and certainly they would not evince patriotism enough to displace them¬ selves for the mere gratification, as they might suppose it, of the mistaken views of their antagonists. There was but one way of getting at the Government, and that was by travelling a distance of 3000 miles, and knocking at the door of the Colonial Oflftce. But even in this case the defendant always managed to get there as soon as the plain¬ tiff', with the advantage on his side that he was better acquainted with the Minister, and consequently was able to circumvent his adversary, or prevent him getting redress. As a Government, had they introduced measures, and been defeated, their offices were still safe. They had in such event merely to fall back, if so disposed, and take up new ground for a fresh start, or remain dormant during the remainder of the hybernating season—in perpetuity for that matter. Under such circumstances, running no risks, with¬ out any possibility of losing any thing, the opportunity of doing good and promoting the general interests of the 37 290 POLITICAL NOTES 1849 - country, if so disposed, was, on the part of a patriotic Gov¬ ernment, most favourable. But now a new day was dawning. The fiat of the Colonial Minister had gone forth, that the tenure of office should in future depend upon certain conditions, and that the mem¬ bers of the Council must henceforth hold themselves respon¬ sible (not to the Colonial Office any longer, hut) to the peo¬ ple of the Colony for their proper administration of the Gov¬ ernment. The concession too, had been met in an obedient, if not a willing spirit, by those who had always stoutly resisted the innovation upon what were considered to he “ vested rights,” claims founded upon ancient and indisputa¬ ble possession, under the sanction of Royalty. Still there was much to be done, ere the new principles could be con¬ sidered as established. Responsible Government was but in its nascent state, the first stage of its existence, incapable yet of bearing fruit,- and would continue so until much of the dead wood which interfered with its growth had been pruned away, and new shoots allowed to grow. Exception, as already observed, was taken to the coalition, which was con¬ sidered to be the first retrograde movement in the onward march ; the ablest advocates of liberalism in the House were neutralized, so that the new principles in their purity could not be sustained. But when the Governor’s Speech foresha¬ dowed that His Excellency’s advisers intended to lead the way in submitting measures to the House, every body in opposition to the coalition began to count himself a false prophet, and to believe that the influence of the Liberals in the Council was, after all, effective. “ The evidence of things unseen ” would now soon manifest itself, it was thought, in “ the substance of things hoped for.” The announcement, at all events, gave some evidence that Responsible Govern¬ ment really meant something, and that the Council intended to do what was never attempted before—risk their offices to serve the public—and let the country see that the Conser¬ vatives in the Government were going to be as progressive as their Liberal colleagues. The Liberals out of the Govern¬ ment, in accepting this as an earnest of a new awakening to duty, felt at the same time that it -was incumbent that they should themselves keep awake and watch, and if needs be, call aloud, should the promise just made, turn out to be illusive. 1849 AND OBSERVATIONS. 291 The whole country was now fairly aroused. Business was dull—matter inert and mind active. It was our periodical season of commercial depression, (occasioned by the staples of the country being “ flat” and “ unprofitable” in the Eng¬ lish market,) and the only hope and consolation people seemed to have was in the Government introducing measures for developing the resources of the country, and giving them something to do. The Governor’s Speech, therefore, con¬ tained promises of encouragement, and for the time allayed ' the spirit of party. Messrs. Wilmot and Fisher had now an opportunity, it was said, to distinguish themselves—to prove by their actions that Responsible Government meant more than mere words. It was thought by many to be the Alchy- mist’s stone that would transmute every thing it touched into something precious. The second week of the Session, however, passed away, but no measures. The opposition in the House, now led by Mr. Ritchie, kept up an incessant fusilade, on account of the apathy of the Government in not backing up their profes¬ sions. There was one measure which every body expected the Government would introduce—the St. John and Shediac Railway. Day after day Mr. Ritchie called upon the Gov¬ ernment to move in this matter. At length wearied with waiting, he asked leave to introduce a Bili himself, which, permission being granted, be did on the 12th February; and on the 17th it was committed for discussion. The calculation on all hands was, that the cost of this road would not exceed £500,000.* Public meetings were held in St. John, and these figures were generally admitted, as based upon unerring data. This road, too, was going to be the means of providing business in every shape for the industry of the country. The depopulation of St. John, going on so rapidly, would be stopped, the moment it was known that this work was to proceed. All eyes were now turned towards Fredericton as the “ Tadmor in the desert,” the Eldorado of our hopes; and to Mr. Ritchie as “the coming man” who was to lead us out of darkness into business life. (This sub¬ ject will be again taken up at its proper time, and in the order of debate.) * This road has since been built, and cost £1,200,000. 292 POLITICAL NOTES 1849 On the 6th February, the Hon. Provincial Secretary, hy command of the Lieutenant Governor, laid before the House sundry despatches from the Colonial Office—one relating to Post Office affairs, (based upon the previous joint action of the respective Legislatures, through their delegates to Canada, for a uniform system of postage between the Colonies and England,)—one relating to the expenditure of the public revenues and the mode of imposing duties for raising the same. This despatch grew out of the action of the House dur¬ ing the previous Session in preparing a Revenue Bill, and also the opinion of the Law Officers of the Crown, as to the mean¬ ing of Lord John Russel’s despatch upon differential duties. In the present despatch Earl Grey expressed his surprise at the course pursued by the Assembly in framing a Revenue Bill, and he informed them that instructions had been conveyed to the Lieutenant Governor to withhold his assent to any Revenue Bill in future wherein differential duties were pro¬ vided. Also a despatch on the subject of the Navigation Laws was submitted, the Imperial Parliament having repealed these laws, and this was an intimation to the Province. From that time to this Foreign Nations have had the right to our coasting trade and to register their vessels in our ports. But England did not demand of foreign powers, as a sine qua non, that these privileges should be conceded to Colonial shipping. The despatch of Earl Grey (dated 17th November) was laid before the Assembly, transmitting the final Report of Major Robinson, (on the Northern Railway route,) addressed to the Inspector General of Fortifications. (This survey was made at the instance of the English Government, the expense of which was afterwards defrayed by Canada, Nova Scotia, and New Brunswick, amounting to £12,000.) The Earl speaks rather discouragingly of this project. While he appreciates its importance, he does not feel encouraged to hope that as a commercial speculation the road can pay ; whatever may be its advantages in opening up the country, and for military and Imperial purposes, the cost of the undertaking, and how this cost is to be met, present difficulties he sees no direct way of overcoming. In fact, the whole despatch is strictly diplomatic, generally speaking; non-committal to a painful extent to those who had calculated, and set their minds and j V--...Vt;.; 1849 AND OBSERVATIONS. 293 hearts upon the project. It promised nothing to encourage the hope that it would ever be built, much less the English Government doing any thing for it. On the 16th February Mr. Ritchie called upon the Attor¬ ney General (Mr. L. A. Wilmot) to know what steps had been taken for filling up the vacant seats in the Legislative Council. On a previous occasion he had asked this question, and by the answer he received the inference was that the Government had already made appointments and forwarded them to England for the Queen’s sanction. (This procedure was considered to be irregular by the opposition. It was contended that the appointments should have been made pro¬ visionally, and gazetted accordingly.) The Attorney General answered that he was in hopes of being able to give the infor¬ mation asked the next day, as the Government were about to meet, now that the English mail had arrived. The names of the new Legislative Councillors were gazetted on the 21st—viz : Hon. Robert L. Hazen, of St. John ; Geo. S. Hill, of St. Stephen ; Charles F. Allison, Sackville; Charles Harrison, Maugerville; James Davidson, Alnwick, (North¬ umberland.) The country of course was not taken by sur¬ prise on hearing officially of the elevation of Hon. Mr. Hazen, as rumour for some time had been busy with his name in this connection. But now that there was no longer any doubt, the opposition complained that a vacancy should have been created in the representation of the City of St. John at such a season, especially as there were important City measures pending before the House that would require, for their passage, all the influence and ability of a representative of Mr. Hazen’s influence. Mr. Ritchie said, that from the day he had the honor of a seat in that House, up to the present time, he could bear testimony to the ability, zeal and attention with which that hon. member (Mr. Hazen) had at all times attended to the business of his constituents. They had gene¬ rally differed in political matters, yet his opposition had ever been manly and straightforward ; and he could truly say that the City of St. John had lost the services of a gentleman, whose place they would find it difficult to fill. The honor¬ able member continued at some length to denounce the conduct of the Government in leaving these appointments to 294 POLITICAL NOTES 1849 the eleventh hour. Had Mr. Hazen been an ambitious man —more fond of fame than leisure, he might to day he the Chief Justice of New Brunswick. He stood forth, single handed, as the champion of the old cause, on the floors of the House, for several Sessions, against the foremost men of the Liberal party, then considered to he the ablest debaters in the House. He did not only hold his own and keep his party intact, hut he often warded otf with vigour some of the heavy bolts that were from time to time launched against him. In a word, had it not been for him, the Conservative party would have gone to the wall a year or two sooner than it did. With the strong party at his back, Mr. Hazen might have stepped into the office accepted by Mr. Wilmot, on the death of Attorney General Peters, and in the order of suc¬ cession, gone upon the Bench on the death of Chief Justice Chipman. His conduct certainly evinced a spirit of self- abnegation, rarely if ever met with in an influential politi¬ cian. On resigning his seat in the House and going to the Council, Mr. Hazen forfeited a valuable opportunity of further advancing himself in his profession. In those days the Council Chamber was considered to be the refuge of decayed politicians—those who had worn themselves out as represen¬ tatives, and desired to take their ease in a branch of the Legislature, to which the sharp practice and stormy discus¬ sions of the lower House were unknown. The influence of a politician with the people went for very little up stairs, con¬ sequently a Government did not look to this branch for strength when put upon their trial. The Attorney General¬ ship, and indeed all other offices, were thenceforward to he dependent upon the House of Assembly. Hence, Mr. Hazen having thrown up his seat in the House while the form of Government was in a transition state—when the Responsible principle was about to favour the men who could exercise the greatest political influence—he cut from under himself the last and the best step upon which he was mounting to the highest office in the Province ; his foot was upon the thres¬ hold when he fell backward into a chamber, where his arms were to he tied and his talents frustrated, or to be of very little account. The seat just vacated required to be immediately filled, as 1849 AND OBSERVATIONS. 295 the Legislature was still in Session. The Speaker's Writ was accordingly issued. It was a time of great political and reli¬ gious excitement, there being no less than six parties at work in the Province—viz : the Responsible and anti-Responsible —the Protectionist and Free Trader—the Orange and the Catholic. And every party was pulling in diverse directions. True, there was no organized Catholic party, but there was an organized Orange party in the Province, the ostensible object of which was to thwart the alleged aspirations of the Catholics; and these latter in turn felt it incumbent upon them to meet their opponents, in their own way, with all the power they could bring into the field. True, too, the occa¬ sion was not favourable to a full development of strength by the respective disputants. This was to be a single combat— such as seldom awakens particular interest among the great body of the electors. Mr. B. Ansley was brought out on the Wilmot-protection platform. He was nominated by L. II. Deveber, Esq., seconded by S. L. Tilley, Esq. A requisition, most respectably signed by over one hundred of the Respon¬ sible Government party, was presented to Dr. Livingstone, urging him to take the field. Being one of the originators of the system, and one of its ablest, most inflexible and con¬ sistent advocates throughout, also a thorough Reformer at heart in all other respects, the Doctor was generally pro¬ nounced to be the man for the times. He accordingly be¬ came the Reform candidate, and in opposition to the coali¬ tion Government. Dr. Livingstone was nominated by James White, Esq, seconded by Edward Allison, Esq. Mr. Charles Watters* (then young and unknown as a politician) was the third candidate, and thought at the time to be a nominee of the Catholics; but whether so or not, a strong Protestant feeling was excited, as if such were the belief. The conse¬ quence was, the contest hinged upon “ Catholic or Protestant ascendancy." The friends of Mr. Ansley and of Mr. Watters rushed to the polls to save their religion! With them Respon¬ sible Government was a secondary matter—a thing that would keep for another occasion. The lukewarm on both sides thought something of the new system ; but would rather see the political welfare of the country swamped, in order that the * Nominated by John W. Cudlip, Esq., seconded by Wm. Ilughson, Esq. 296 POLITICAL NOTES 1849 Church Militant might prove to be the Church Triumphant at the polls. Happily, this spirit of religious fanaticism has long since ceased to exist in our Province. Very little, if any thing, is heard now-a-days of religious combinations for political purposes. Mr. Ansley was elected, and Responsible Government received an unfortunate stab in the defeat of Dr. Livingstone. Had the latter succeeded, it would have been an implied declaration on the part of the “ most enlightened constituency in the Province ,’ 5 that the Government as then constituted was not being carried on “ in accordance with the well under¬ stood wishes of the people as expressed 5 ’ by themselves at the polls. As it was, the Government accepted the result as a direct vote of confidence in them; and no one was better satisfied with it than the Provincial Secretary, (Hon. Mr. Partelow,) notwithstanding the many side issues that had been raised and which contributed towards the blinking of the main question, or rather that which should have been the main question. 1849 AND OBSERVATIONS. 297 • CHAPTER XXII. Reciprocity of Trade with the Provinces—Financial Statement — Differential Duties prohibited by the English Government—Free Trade vs. Protection—Agitation for Reciprocity of Trade with the United States — Office of Clerk of the Pleas—Salaries of the Judges — Retrospective—Salaries borne upon the Civil List — Members vacating Seats on accepting office . On the 20th February, Mr. Wark, in his place in the House, asked the members of the Government whether any, and what steps had been taken, towards securing a recipro¬ city of trade between the different Colonies. The Attorney General answered that negotiations had been held with the neighbouring Colonies, but he regretted to add that they had not received that response from the Government of Canada , as might naturally have been expected! He said that hon. members would see the difficulty. Canada feared that New Brunswick and Nova Scotia, situate on the borders of the Atlantic, would have greater facilities for importing the raw material to manufacture for themselves, and thus competition between the respective Colonies would not be on a fair footing. On the same day the Provincial Secretary made his Finan¬ cial Statement. He said he feared they would require for the current year’s operations, a revenue of one hundred thou¬ sand pounds! Differential duties, he said, had been disal¬ lowed by the Imperial Government, consequently a uniform duty should form the basis of their present Revenue Bill. He would therefore propose that ten per cent, should be levied on all articles alike, and an ad-valorem duty additional 38 298 POLITICAL NOTES 1849 on such as spirits, sugar, molasses, tobacco, &c. These duties, he said, with the £9,000 from the Casual and Territorial Revenue Fund, with some other resources he had mentioned, would produce the £100,000. The hon. gentleman next re¬ marked that the indebtedness of the Province amounted to £107,000. The cash credit of the Bank of New Brunswick of £80,000, \vould expire the following year; but the Gov¬ ernment had ascertained that the Bank would continue the arrangement for five years longer. He thought upon the whole there was nothing so very alarming in the state of the Province—that the public credit could be sustained without any difficulty; and should they require to raise a large amount of money for the purpose of carrying on any great undertaking, the credit of the Province was amply sufficient. The Secretary’s plan of placing a duty of 10 per cent, upon all articles alike, met with a strong opposition in the House. It pleased nobody—neither the Protectionist, nor the Free Trader—in or out of the Legislature. The Protectionist could not see how grist could be brought to his mill, if the manufactured article were received upon the same footing. The tanner, the boot-maker, the foundry-man, the tallow- chandler and soap-boiler, could discern nothing in this ten per cent, but breakers ahead, upon which each of them would be sure to be shipwrecked in his business. Nor was the Free Trader a bit more docile or compliant with the new proposition. He could not understand why the com¬ mon necessaries of life should be treated in the same harsh manner at the Customs as the luxuries. There should be discrimination between the state of the poor man and that of the rich. If a revenue had to be raised, the interests of the manufacturer ought to be studied. The Free Trader might have the benefit of articles that could not be made at home —such as tea, coffee, molasses, sugar, &c. These were the kind of objections that were raised in the course of the very long debate that followed, occupying several days. A peti¬ tion numerously signed in St. John was sent to the House, requesting members not to pass the Bill. It set forth, among other things, that “ if said Bill became a law, it would be the means of driving away all our Nova Scotia customers, and thereby interfere very materially with the anticipated revenues.” 1849 AND OBSERVATIONS. 299 J Mr. Partelow’s tariff was so completely altered by the time it became law, that if the Free Traders did not get all that each of them contended for, they got enough to satisfy them that they had saved the country from a most menacing disaster! This was the first year of the Reciprocity (with the United States) agitation, and it was carried on with much earnest¬ ness in St. John. Canada and Nova Scotia, through their Legislatures, had already taken action in the matter; and in February, the merchants of St. John transmitted a peti¬ tion to the Lieutenant Governor, requesting him to send a delegation to Washington, to urge that New Brunswick should be included in the Bill before Congress, for a Reci¬ procity of Trade between the United States and Canada. His Excellency replied that he had not the power so to act; but that he would transmit the petition to England for the consideration of Her Majesty’s Government. In due time a despatch was received from Earl Grey, Colonial Secretary, highly approving of the spirited action of the merchants of St. John ; and said that he had sent out instructions to the British Minister at Washington, authorizing him to use his influence in order to have New Brunswick incorporated into the Bill before the Senate of the United States. This sub¬ ject will come up again in its proper place. On the 26th February, a lively debate took place on the reduction of the salaries of public officials. Mr. End moved that the Bill relating to the salary of the Clerk of the Pleas, be committed. This gentleman (Colonel Shore) was in re¬ ceipt of <£900 a year—viz: £500 salary, and £400 in commuta¬ tion of the fees which he had been receiving up to the time of adjusting the matter, a few years back. The present Bill was to be prospective in its operation—viz : to fix the salary of the future incumbent at a greatly reduced rate. The Attor¬ ney General, on the 8th, had introduced a Bill for the reduc¬ tion of the Judiciary Salaries in this Province. The Bill now before the House was regarded as a cheese-paring measure, as a mere instalment of the great work of retrenchment that had been promised by the Government; and it was urged that this single official should not be dealt with separately, or until the House were invited to discuss the whole subject 300 POLITICAL NOTES 1840 together. Mr. Ritchie was particularly severe upon the Attorney General for holding hack when he was in a posi¬ tion for fulfilling his promises, and acting as became an honest Reformer. The Attorney General retorted. He said “ he had advocated a reduction of salaries ever since he had first taken a seat in that House ; his opinions had not yet changed, and he was glad to see those who had formerly opposed this doctrine now coming over, and enlisting under his banner He would never talk of vested rights in these matters ; he could go into the world and earn a living with any of them, and if they thought his salary too high for the country to bear, (it amounted, he believed, to about three farthings each for the population of the Province,) let them cut it down ; as he had stated before, it was a mere matter of bargainee was not obliged to keep the office at a reduced salary. When he took the office of Attorney General he had disclaimed receiving the surplus over £600, amounting to some £50 or £60 a year; he was of opinion that the people of this country did not object to paying the working officers; it was another class they wished to see reduced. If, how¬ ever, they wished to reduce his salary, and thought £250 sufficient, let the matter be brought forward, and he would not sit there and vote against it, but would retire; they could act their own pleasure about this, and he would pur¬ sue the same course about accepting the office afterwards. If the exigencies of the country demanded the reduction of his or any other salary, he would not oppose it. He would inform hon. members that the Government could not, ac¬ cording to the nature of the instructions under which they acted, bring forward any measure interfering with the salary of the present incumbents; he would, however* give the Committee his opinion as to how far such a measure would be successful. It had been the settled policy of the Home Government for the last two hundred years never to inter¬ fere with the salaries of the incumbents of an office for the time being. He was at present a member of the Govern¬ ment, yet he felt himself unchanged with regard to high salaries. He had witnessed from his youth up the evil effects of them in this community, when those in more humble life attempted to imitate the habits and manners of the fat 1849 AND OBSERVATIONS. 301 official; but the Government did not pay a man to roll about in splendour in his carriage, and give fetes and balls ; they expected him to use his mental faculties a little, to receive the benefit of his mind. ,, The debate was finally narrowed down to the subject immediately before the House—viz : the reduction of salary for the future Clerk of the Pleas. It was argued by the friends of the Bill that the labour performed by the present incumbent was not proportionate to the salary received— that a subordinate, at about £100 a year, discharged all the duties for which the principal received £900. That the practice was pernicious, both to an official and to the public service, to pay a man a salary large enough to enable him to neglect his duties; for where a person has large means placed at his disposal, it is a temptation to extravagance, and to render himself as imposing as possible. It was also con¬ tended that many competent persons could be obtained, to accept the office of Clerk of the Pleas, for £200 a year. In rebutment it was alleged that the duties of the Clerk of the Pleas, when discharged aright, were onorous and responsi¬ ble—that he ought to be a Barrister of six or eight years’ standing, as there were duties connected with his office requiring high professional talents. He ought, as in Eng¬ land, to be capable of assisting the Judges in the course of their practice, in abstruse cases. In regard to getting men to take the office at £200, there was no question but that enough of such could be had ; but as to their competency, it was doubtful if any thing could be said in their favour. It was a false economy to pull down, merely for the sake of building up, without at the same time taking into conside¬ ration the character of the foundation upon which the super¬ structure was to rest. It might happen that a saving in small matters would result in a loss in matters more important, even to the prejudice of the service for which the saving was to be effected. That talents, or competency, are to be obtained at all times and at inordinately low prices, was a notion unsustained by the practice and experience of every¬ day business life. The quality of an article, in mercantile life, is of more consideration, with a man of business, than its cheapness. 302 POLITICAL NOTES 1849 As a general rule it is found that the cheap servant is in the end the most expensive one. It was further argued, that the very fact, that no first rate Accountant, or Book-keeper, was in receipt of less than £300 a year, in a Mercantile or Banking establishment, was proof sufficient that the services of competent men are not to be had for a small sum. How much more important, then, the situation of an official, on whom devolves so weighty a responsibility, as the keeping of all the legal records ; and who, besides, must forego the pecuniary advantages of a profession to which he had been educated, and which, by his practice at the Bar, wouid bring him in a good salary ! The Bill was finally passed ; and on motion of Mr. Ritchie, the blank filled up with £250. Thus, the then incumbent of the office was to remain at his old fixed salary of £900; and his successor was to go in upon a salary of £650 less. Since this Bill was passed the salary has been increased from £250 to something like, or about equal to, £500, (including Clerk hire)—so that some of the advocates of the small figure have lived long enough to see that the arguments of those in opposition to them, were not altogether groundless, and that it is impossible to get a good man for a responsible situation, unless you pay him a good price. On the 2nd March, the House went into Committee of the whole upon the Bill, introduced on the 8th February, by Mr. Attorney General Wilmot, for a reduction of Judicial Salaries. The Bill was to be prospective—to go into effect with the successors of the Judges then in office. A short resume of the history of the various discussions that had from time to time been held in the House, with regard to official salaries, may not be out of place here. Previous to 1836, the Public Domain of this Province was in the hands of a Government responsible to no one, and who expended the revenues derivable therefrom as best pleased themselves. In 1836 the Casual and Territorial Revenues were ceded to this Province, under a guarantee that we should pay the salaries of certain public officers. An appli¬ cation had been made on the part of the Assembly for a reduction of public salaries; but Lord Glenelg, the then Colonial Secretary, had refused to comply therewith. In a 1849 AND OBSERVATIONS. 303 despatch from that officer in September 1836, he alluded to this subject. This despatch showed what had grown out of the Deputation that had been sent to England to treat with the English Government upon the Casual and Territorial Revenues. In a despatch from the same officer, under date 31st August, 1837, a reduction of salary was first allowed. In the short Session of 1837 the subject was brought under the notice of the Assembly, and a scale of salaries was proposed and forwarded to the Secretary of State. In this scale the Chief Justice had been put down at £1,200, which was also in consideration of his services as President of the Legisla¬ tive Council, a duty from which he had since been relieved. The Puisne Judges were put down at £750 each, inclusive of fees, which made the sum up to £900. During the fol¬ lowing year an answer had been received to this proposed scale, in which the Colonial Secretary recommended the addition of £300 a year to the Chief Justice, in considera¬ tion of his duties as President of the Council. Here the doctrine of vested rights was clearly laid down, and duly taken care of. The next proceedings taken in reference to this subject was in 1839, when a Committee was appointed from the House, consisting of the hon. member from North¬ umberland, Mr. Rankin, the hon. member from St. John, Mr. Woodward, and Mr. L. A. Wilmot. This Committee prepared a report, with a scale of salaries, which was sub¬ mitted to the House, wherein the Chief Justice, who had then retired from the Council, was put down at £1,000 in lieu of all fees and travelling expenses ; the Puisne Judges at £900 each, also in lieu of all fees and travelling expenses. A very strong desire was then manifested to alter the scale of 1837; but upon a division of the House at that time the report of the Committee was lost, 10 yeas to 12 nays, and the proposed scale fell to the ground. In 1841 a second Committee was appointed for a similar purpose, who pre¬ pared a scale exactly corresponding to the one last named ; the report of the Committee was at this time adopted by the House. In 1843 an Address was prepared and sent to Her Majesty, embodying this scale; and down to this period there had been no Address upon this subject to the Crown ; yet now an Address was prepared, and strong arguments 304 POLITICAL NOTES 1849 were used to induce the Home Government to reduce the Civil List from £14,500 down to £12,000, or thereabouts. This Address was duly transmitted to the then Colonial Secretary. In 1844 Lord Stanley answered the Address in a despatch then published, and positively refused to interfere with the salaries of the then incumbents. It was therefore useless to attempt any interference with the present incum¬ bents of office. The salary of the Provincial Secretary became the subject of investigation, and in 1845 the scale pro¬ posed in 1843 was finally ratified. In 1846 despatches were received from the Colonial Secretary, in which a desire was expressed that the question of salaries should be set at rest, and not re-opened so frequently for discussion in the Legis¬ lature and correspondence with the Home Government. It was now considered impolitic by the Attorney General to attempt to interfere with the present incumbents, and cut down their salaries. In attempting too much they might gain nothing. There was no security where there was so much uncertainty ; and if public officials were to be discussed every year, or every few years, it would deter men of honor and sensitive feelings from assuming a high official position. It was argued that if there were a class of officers in this country more than another who should be entirely independ¬ ent in their circumstances, it should be those meu who had the administration of our laws in their hands; and they, above all others, should be placed in independent circum¬ stances. At this time there was a surplus that had been accumulating in the Civil List Fund, amounting to £2,100. The Attorney General would take this sum, and relieve, to that extent, some of the salaries borne upon the Civil List Fund—or, as a next resort, that the latter Fund (amounting to £14,500) should be reduced to £12,500. The Attorney General would then fill up the blanks in the Bill as follows: The Chief Justice to have a salary of £800, and the Puisne Judges £700 each—all exclusive of fees, except travelling expenses, which were to be allowed as at present. Or, another course might be adopted—viz : allow the Judges to have the fees, and fill up the blanks with £100 less on each of the salaries, which would make it equivalent to the former scale. 1849 AND OBSERVATIONS. 305 The arguments used by the different speakers in opposi¬ tion to those of the Attorney General, where he advises cau¬ tion and a due regard for vested rights, and not too frequent interference with official salaries, may be thus epitomised. It was well known that when the Assembly first made the attempt to cut down official salaries, they immediately found themselves in direct collision with the Lieutenant Governor, and the whole array of irresponsible officials, and that every possible obstacle which could be thrown in the way, coupled with all the back-stairs influence of those days, was brought to bear against them. Under these circumstances, and op¬ posed by so powerful an organization, the people were glad to take what they could get; in fact, they had to fight the ground inch by inch against fearful odds; in this way had those enormous salaries been wrested from the holders ; but there remained much more to be done—they required to be reduced still further. This would account in some measure for the frequent attempts which had been made, and the frequent reductions which had taken place. But there existed another strong reason why a further reduction should be made. Since the completion of the contract with the Home Government in 1836, by which the Casual and Terri¬ torial lievenues were ceded to this Province, and by which we became bound for the payment of ,£14,500 a year for the establishment of a Civil List, a very considerable portion of our public territory had been taken from us by the Govern¬ ment of England, and handed over to the United States. It was not attempted to find fault with this arrangement made by Great Britain; it was doubtless necessary to pre¬ serve that peace and good feeling between two great and powerful nations for the sake of the welfare of her com¬ mercial subjects, and of the nation generally. The object was to show that a very considerable, and a very valuable portion of the public domain of this Province had been taken from us, which, in the opinion of members, formed another strong reason why those salaries chargeable on this Civil List should be further reduced. Besides, where—it was asked —was the man in this country, who, having spent the flower of his days in pursuing the calling allotted to him—whether commercial, professional, or otherwise—who having toiled 39 306 POLITICAL NOTES I84& and grubbed until bis grey hairs betokened the approach of old age—where was the man, who at that period of time, could retire from the turmoil of an active life, upon the com¬ fortable allowance of nine hundred pounds a year? The country did not nor could not produce one ; it was a poor and a hard country to live in, its inhabitants could not afford either to indulge in habits of luxury themselves, or to sup¬ port others in them, and there could not be a doubt, but that the payment of high salaries had a very injurious effect upon society, as those in the enjoyment of them would natu¬ rally proportion their style of living to their means, which led others on to imitate the example thus set them, and which frequently produced ruinous consequences. There was still another argument. It had been frequently asserted on the floors of the House, that the present commercial policy of England was fast ruining her British North Ameri¬ can Colonies, and was consequently taking from us the power, or the means, of paying such enormous salaries. Formerly Great Britain cherished her North American sub¬ jects by protecting our trade and commerce, but now we were treated in her ports as foreigners; and thrown, as we thus were, upon our own resources, it certainly became those who had the interest and the well being of this country at heart, to set about making every possible retrenchment. In order to test the question of “ vested rights,” Mr. Ritchie had prepared an amendment which he intended to submit to the House, and which would, if passed, have an immediate bearing upon the salaries of the present Judges. He would propose the following as a scale of salaries, in lieu of that offered by the Attorney General. He would reduce the present Chief Justice from £1200 a year to £900; he would reduce the present Puisne Judges from £900 to £750; the Master of the Rolls he would reduce from £800 to £700. This would effect a present saving of some¬ where about £1000 a year. The future Chief Justice he would allow £700; the future Puisne Judges, £650; and the future Master of the Rolls, £600. This would effect a saving of £1400 a year on the sum now paid—which was but a small difference between the two propositions. Other honorable gentlemen for and against the measure, 1849 AND OBSERVATIONS. m intimated that other officials besides the Judges should be singled out for decapitation. The Bench ought not to be interfered with until retrenchment had done its work in all other respects. The office of a Judge was most laborious. The amount of bodily as well as mental drudgery, which a Judge had to perform, was unknown to all outside of the profession of the law ; and not even by every one in it. It was further contended that it was useless to vote for the pro¬ posed amendment (for affecting the salaries of the present Judges) inasmuch as it would not pass into a law without the sanction of the English Government; and the Colonial Secretary had declared by despatches, over and over again, that there were “ vested rights ” which the Crown was bound to sustain, in obedience to the compact entered into between it and the Province when the control of the Casual and Ter¬ ritorial Revenues was surrendered. But while this plea was offered, it was not disputed that a reduction of official salaries was a subject about which the Legislature had a right to say something. Mr. Brown, of Charlotte, con¬ sidered that £300 was high enough for any official in this country. After several days debate, the amendment was put and lost. The division was as follows :— Yeas —Mr. Jordan, Barberie, J. Earle, Woodward, Con¬ nell, Ritchie, Tibbits, Taylor, Porter. Nays —Hon. Mr. Speaker, Wilmot, Fisher, Partelow, Han- ington, Mr. Boyd, Carman, S. Earle, Cranney, Brown, Thomson, Wark, Hayward, Baillie, Miles, Montgomery, R. D. Wilmot, Street, Landry, Steeves, Wilson, Smith, End ? Read. The question was then taken on the original Section, when the Committee again divided —Yeas 31, Nays 2—and it was carried in the affirmative, and the several blanks filled up, and the salaries to the future officers named in the Section were settled as follows:— Chief Justice, seven hundred pounds currency; Master of the Rolls and Puisne Judges, each, six hundred pounds currency, per annum. The Committee then went through the Bill Section by Section, and agreed to the same. 308 POLITICAL NOTES 1849 In addition to the salaries of the Judges, it must be remem¬ bered that their travelling expenses were paid by the Pro¬ vince, amounting in gross to about .£250 per annum. On the 9th March, a Bill introduced by Mr. Fisher, for vacating the seats of members in certain cases, was com¬ mitted for discussion. It embraced the Provincial Secretary, the Attorney and Solicitor Generals, the Surveyor General, and Provincial Treasurer.* This Bill was predicated upon a despatch received from the Colonial Secretary, in which the tenure of office is defined, and wherein officials are in¬ formed that henceforth their situations will be dependent upon their political positions, and not as heretofore upon the right of possession. Bp to this time these offices were for life, and obtained, as vacancies occurred, through the influ¬ ence of friends in the Government, and without regard, or responsibility, to the people. This Bill then vas to form the entering wedge to a more liberal and enlarged state of things. Earl Grey had mentioned certain offices, but left it optional with the local Government as to what offices should, and what should not, be considered political. It was contended by some of the speakers that all subor¬ dinate, or minor officials, receiving their appointment from the Executive Government, should be included in the Bill; for it could not be denied that all such were to a greater or less extent, dependent upon the Executive; and. while hold¬ ing seats upon the floors of the House, could not exercise their legislative functions with perfect independence. It was further alleged, that the reason why the Government of Great Britain was held up to the world as a model of superiority, was on account of the number of independent members which the House of Commons contained. If the Government attempted to do wrong, they were met by an independent body of men, not one of whom held an office of emolument. The case was different in France. There, two-thirds of the members of the Chamber of Deputies were dependent upon the Government, and bound to stand by their superiors, no matter how arbitrary their acts. Hence the downfall of Louis Philippe, when measures were intro- * As the latter office has never yet been made political, the incumbent of it is not affected. Since the passage of this measure the office of Postmaster General has been made political. 1849 AND OBSERVATIONS. 309 duced for retrenching the liberties of the people. The representative body and the Government of that country were a united phalanx, a power that nothing could over¬ come except by revolutionary process. In a small legislative body like ours there was much danger to fear by the packing of the House with Government employees. Even the heads of departments were considered to be a heavy weight for turning the scale on the side of ill-considered measures. But as this was purely British, and we were struggling for British principles in their integrity, the objection, if such it could be called, was unavoidable, and not of easy remedy. It was further argued, that if we were to have Responsible Government, we should have it in its entirety; and the endea¬ vour of hon. members should be to purge the popular branch of the Legislature as fast as the circumstances and intelli¬ gence of the country would permit. It was thought that the present Government, notwithstanding the liberal ele¬ ment that had been infused into it, had not carried out, or attempted to do so, the principles of the despatch ; for seve¬ ral members of the House had been appointed to office since that despatch was received. Ho hon. member contended more earnestly for the princi¬ ples of the constitution than the late Mr. John A. Street. How that Responsible Government had been conceded and admitted, he said he wished to see it carried out both in letter and spirit. Mr. Attorney General Wilmot could not admit the prin¬ ciple of compelling every official in the House to come within the range of the Bill. It was too much like Repub¬ licanism to visit every petty office holder, obtaining per¬ haps, in some cases, not more than ten pounds a year, with the penalty of displacement on becoming a member. The heads of Departments, and perhaps the officers connected with the Treasury, might, he thought, be included, which was going quite far enough in a Colony. After many propositions and counter propositions in amendment of the Bill, by different members, and division upon division, the Bill was finally passed, after being amended so as to embrace all offices of profit , or emolument , under the Crown. 310 POLITICAL NOTES 1849 CHAPTER XXIII. Protection to the Millers—Local feelings excited—Railway Depu¬ tation from St. John — The Shediac Railway — Conflicting lines — The Revenue Bill — Clearing obstructions in the Saint John River—Railway Calculations — Wide difference between the original calculation and the actual cost — Mr. Perley’s Report on the Gulf Fisheries—Railway discussion — The St. John and Shediac line rejected—Great disappointment in St. John—An indignation meeting called—Strong Resolutions passed — Rail¬ way League formed. In 1849, when “high protection” and “free trade” were the great party cries in this Province, a number of flour mills were erected, especially in the neighbourhood of St. John, which did a large business, and, no doubt, with great benefit to the public. These “ institutions” were originally fanned into existence by means of the high Imperial duties, which at one time demanded a dollar a barrel on flour. When the Imperial duties were about being withdrawn, it was thought by a majority of the House, that it was due to the Millers, that their interests should be protected to a reasonable extent. On the recommittal of the Revenue Bill for discussion, on the 9th March, Mr. Partelow moved that a specific duty of 2s. a barrel should be imposed on Wheaten Flour. This was the signal for battle between all the Poli¬ tical Economists in the House. The Free Trader did not believe in taxing the poor man's bread a single penny. The Protectionists declared that if the Mills were shut up from want of encouragement, the poor man would have to pay a 1849 AND OBSERVATION'S. 811 much larger amount for liis loaf than it then cost him. One gentleman (Mr. Wark) said that he was informed that the importers received, on an average, about Is. 3d. a barrel profit. He thought, therefore, the Millers should be satis¬ fied with Is. 6d. protection. Then the local feelings of hon. gentlemen were excited in the course of discussion. Northumberland, for instance, in the person of Mr. Carman, said that if a few Millers in St.John were to be protected to the injury of every other class in the Province—if this was to be the principle upon which they in¬ tended to act, it was time we knew it. It was no time now (said Mr. C.) to talk of 2s. a bbl. duty on flour, when the coun¬ try was starving. It might be said that this duty would not affect the North Shore, as the principle of intercolonial trade would give them Canada flour duty free; but this was not the case—Canada would not reciprocate, and it would not be the interest of the Government of this Province to bring that reciprocity about if this duty was imposed. Mr. Boyd, from Charlotte, was also opposed to protecting the Millers. He said they already had 13s. 6d. profit on every barrel they manufactured. Mr. Partelow considered it was a waste of time to discuss the subject —for every mem¬ ber had his mind already made up , which was no doubt true, and very common in those days; for the principles of free trade and protection entered so closely into the fibre and tissue of every hon. member’s politics, that nothing, unless local influences, could induce a supporter of either party to change sides. Mr. Brown enumerated the difficulties to which the im¬ position of this duty subjected the County of Charlotte; he thought they had better put a small duty on some other articles, and allow flour to come in duty free. He said this question of political economy was a very difficult and knotty one ; it was something like the Scotch blacksmith’s idea of Metaphysics; he said Metaphysics were two or three men listening, and one man talking ; the men listening could not understand what the man was talking about, and he that was talking could not tell what he was talking about himself. The question was finally taken to insert wheat flour in the Bill, when the Committee divided—Yeas 22, Nays 11. 312 POLITICAL NOTES 1849 Hon. Mr. Partelow moved that the blank be filled with 2s. Mr. Eitchie moved as an amendment that the blank be filled with Is. 6d. Mr. Ritchie’s motion being put, was lost. The original motion was then put and carried 19 to 14. Mr. Ritchie presented a petition from James Kirk, Chair¬ man, and James Robertson, Secretary, of a Public Meeting recently held at St. John, setting forth certain resolutions passed at said meeting relative to the subject of the contem¬ plated line of Railway between St. John and Shediac, and praying Legislative aid in the construction of the same as a Public Work. The Petition having been received, Mr. Ritchie moved that a Select Committee be appointed to take the subject matter of said petition into consideration, and to report thereon at an early day. A Committee of eleven were appointed, which met next morning (10th) in the Speaker’s Room, to consult with an influential delegation from St. John, among whom were Dr. Robert Bayard, John H. Gray, Edward Allison, William Wright, M. H. Perley, and James Whitney, Esquires.* These gentlemen in turn addressed the Committee in expla¬ nation of their object, and of the superior paying probabi¬ lities of the project. Dr. Bayard was the first speaker, and his observations were said to be very satisfactory. Mr. Brown asked the Government what were their inten¬ tions relative to this Railway. The Attorney General (Wil- mot) said that the Government were determined upon having a Railroad—and that the Shediac line, over all others, would be the most likely to pay, and he was resolved to give it his best support. The Hon. Mr. Partelow was equally warm in favour of this line, and gave his opinions as to how the stock should be taken. On the 12th, Mr. Boyd’s Bill for the issue of Provincial Scrip to the amount of <£50,000, to be applied towards com¬ pleting the St. Andrew’s Railway, was recommitted. The Revenue Bill was passed by the House in Committee, after a protracted “free trade” and “high protection” debate. Mr. Partelow being the great tactician in all such matters, (the leader of the Select Committee in this particular) shaped the Tariff in such way as to interest all parties and yet satisfy * All now dead but two. 1849 AND OBSERVATIONS. 313 none. In explanation of this, it may be stated that such articles as could be manufactured in the Province were more highly thought of for taxation than others, but not to the extent demanded by the protectionist; whereas, the free trader was dissatisfied, because, he contended, that every penny of taxation, beyond the ordinary wants of the country, would come out of the pockets of the consumer, and go straightway into those of the producer. The Select Com¬ mittee had agreed (differential duties not having been allowed by the British Government,) to fix the duty for the present year at not higher than 20 per cent.* The free trader con¬ tended that more than 10 per cent, would lead to extra¬ vagance, and prove ruinous to the country ; while the other side was equally demonstrative in his own views, and argued that the country would certainly be ruined, if allowed to be flooded with foreign merchandize. It was a foregone con¬ clusion, that the country would be ruined in either case. Mr. Ansley, the new representative from the Saint John Protection School, delivered his maiden speech on this occa¬ sion. He said that “ if it were not for interfering with the arrangements of the Select Committee, he would go for 30 per cent.; in fact he would be willing to go for a duty which would amount to prohibition, where the principle of pro¬ tection was involved; especially on such articles as could be readily manufactured in the country. It was preposterous to talk of levying duties for the purposes of protection and revenue both ; a duty which would not prohibit, could not, properly speaking, be called a protective duty; whereas a duty levied for the purposes of protection should not be looked upon as a duty for raising a revenue.” Alluding to the United States Tariff, he said—he could not understand w r hy protection would be profitable to a country with 20,000,000 of inhabitants, and be unfit for a country containing 250,000. The question was finally taken on the 10 per cent, motion, which was negatived—15 yeas to 19 nays. The original motion, 20 per cent., was then put and carried—19 to 15. The House went into Committee on a Bill introduced by Hon. Mr. Fisher, for the improvement of the Navigation of * For the previous year the duties had been i per cent. British, and 30 per cent. Foreign. 40 314 POLITICAL NOTES 184$ the River Saint John. If the necessary obstructions were removed, Mr. Fisher considered that the River would be navigable for steamers to the head of Lake Tamiseouata— thence connecting across the Portage with Trois Pistoles, and so on to Quebec via the Saint Lawrence. Mr. F. expatiated upon the great advantages which the Trade of this Province would derive by means of this highway. It was provided in the Bill that the Government should be empowered to expend from £3000 to £5000 a year, for a period of seven or eight years; and thus, it was asserted, some substantial good would be effected. After some discussion it was finally agreed to grant £2000 a year for five years.* On a previous page reference is made to a Committee having been appointed by the House to confer with a Rail¬ way delegation from Saint John. On the 17th the Com¬ mittee submitted their Report, which occupied no less than two columns of a newspaper—in which it was represented that a continued connection with the British Grown would be dependent altogether upon the development of new resources, in order that the people might find employment; and that this project, if adopted, would furnish immediate relief, and re-establish confidence among the working classes. The calculation of the Committee was that the road could not possibly cost more than £500,000 ! The fact of this was so patent to every member of the Committee, that it could not be conceived for a moment how it was possible that any one should have the effrontery to dispute the assumption. These gentlemen, no doubt, were conscientious in what they said. We were all alike victims of the Railway mania of the times, and could see nothing but the brightest prospects in any Railway undertaking. And after all, perhaps it is as well in some cases, that the extreme cost of a great work is not always distinctly clear in the first figuring up; for had it been known in advance what was to be the full cost of the Saint John and Shediac line, the people in and out of the Legislature would have turned their backs upon it, without a moment’s hesitation. Commencing in ignorance of the solid fact, which was afterwards to represent a cost of a million * The River above Fredericton seems to be in no better state now than it was in 1849. The passage to Woodstock is as much dependent upon the rains as before any thing was done towards improving the channel. 1849 AND OBSERVATIONS. 315 F and a quarter, we have managed to obtain a road, the debt of which is more then counterbalanced by the advantages—nor is there any one at the present day who would wish that the work had never been undertaken. ¥e are taught a lesson, however, by the result, not to be too sanguine in our flights of fancy, or the summing up of our ideas. Figures are like every thing else, dependent upon the position in which they are placed, and the ingenuity of the party who has a purpose to serve in using them. One of the advocates of the Shediac line said that he had proved by “ facts and figures,” that “even the present traffic [over the common highway] will more than pay the interest (.£25,000) on the money to be invested.” Another gentleman from Saint John, one of the delegates, in addressing the Committee of the House, stated that “ last year Salmon were exported from Saint “ John done up in ice, amounting to ,£17,000 in value. How “ if we could get at the Salmon along our Northern coast, “ the exports of this fish alone, to the United States, would “ amount to upwards of £100,000, at the very least calcu- “ lation. There is no doubt about this." Have these calculations been realized ? Another gentleman was satisfied that if St. John and Shediac harbours were connected byja railroad, the impetus that would be given to the Gulf Fisheries would be such, that the road would groan continually beneath the loads of Fish that would find their way to St. John for foreign expor¬ tation. There would not be wharves enough for the ware¬ houses, and for the number of vessels4hat would be in port to convey away the freight. Mr. Perley’s able Report on the Gulf Fisheries, was descanted upon by more than one speaker; and as this Report is even valuable at the present day, as showing the vastness and richness of the mines of wealth that lie undisturbed by our own people, even now that we have a railroad, its republication will be well worth the space it will occupy. Mr. Perley says :— “There is probably no part of the world in which such extensive and valuable Fisheries are to be found, as within the Gulf of St. Lawrence. Nature has bountifully provided within its waters, the utmost abundance of those Fishes which are of the greatest importance to man, as affording not only nutritious and wholesome food, but also the means of pro¬ fitable employment. TJ gig POLITICAL NOTES 1849 “ These Fisheries may be prosecuted as well in the open waters of the Gulf, as within every Bay, Harbour, Creek, Cove and Inlet in connection with it. Whether on the bleak and sterile coast of Labrador; or on the western coasts of Newfoundland and Cape Breton ; or along the eastern shores of Nova Scotia and New Brunswick ; or within the Bay of Chaleur; or around Prince Edward Island, Anticosti, or the Magdalen Islands, the fisherman may pursue his labours with nearly equal chances of success, and the full prospect of se¬ curing an ample reward for his toil. “ With such valuable and unlimited Fisheries in close proximity to these Colonies, and as it may be said at the very doors of the inhabitants, it is no less strange than true, that they are prosecuted to the greatest extent, and with most profit, by citizens of France and of the United States. “ The French exercise an almost exclusive right of fishing upon the western coast of Newfoundland, the fertility and great mineral wealth of which have only recently become known, and are not yet fully appreciated. “ From seven to eight hundred sail of American Fishing Vessels enter the Gulf of St. Lawrence annually; and scatter¬ ing over the whole of its wide extent, with little heed of the limits to which they are restricted by treaty, pursue their business unmolested, and but rarely leave their stations with¬ out full and valuable fares. “ The Jersey merchants also prosecute these Fisheries with great zeal and assiduity, and, as it is believed, with much profit. They have permanent establishments and fishing stations in Gaspe, Labrador, and Newfoundland, and two or more establishments in New Brunswick; but they by no means confine themselves to any particular locality. They employ upwards of one hundred vessels almost exclusively in carrying the rich products of the deep to various foreign markets, besides the smaller craft required upon the coast. Two of the leading Jersey firms, Messieurs Robin and Com¬ pany, and Nicolle Brothers, are supposed respectively to afford employment, directly or indirectly, to nearly one thou¬ sand persons. “ The inhabitants of those shores of Cape Breton and Nova Scotia which are within the Gulf, pursue the Fisheries in their immediate neighbourhood to a moderate extent; and a few of their vessels visit the Magdalen Islands and the Labrador coast during the season. The people of Prince Edward Island, who are favorably placed for securing a goodly portion of the riches of the sea, make still more limited efforts; but their efforts can scarcely be described as more limited or more feeble than those of the people of New Brunswick who dwell upon its shores from Bay Verte to 1849 AND OBSERVATIONS. 317 the western extremity of the Bay of Chaleur—those shores commanding as great an extent and variety of Fishing ground, and as abundant supplies of valuable Fish of every description, as can be found in any other part of the unrivalled Gulf of St. Lawrence, while they possess equal and perhaps superior facilities for prosecuting its Fisheries both extensively and profitably. ******* “That the varied, exclusive, and most abundant Fisheries of the Gulf of St. Lawrence, would be greatly influenced by the construction of a Railway along the eastern coast of New Brunswick, there cannot be a reasonable doubt; but in all probability, the proposed Railway from Shediac to the Har¬ bour of Saint John, would affect those Fisheries in an equal, if not a greater degree. “ The hardy and enterprising fishermen of the Bay of Fundy dread the long and dangerous voyage around the whole Peninsula of Nova Scotia to the fishing grounds of the Gulf, a voyage which frequently lasts three weeks, and is deemed by Underwriters equally hazardous with a voyage to Europe ; but it is not alone the dangers of the voyage which deters them from the prosecution of these Fisheries; it is the great loss of time they occasion, and the expense they create, as these render the adventure, too often, far from profitable. “ A Railway from Shediac to the Port of Saint John, which is open at all seasons of the year, would enable the various products of the Fisheries to reach a Port of shipment in four hours, and the necessity for the long voyage around Nova Scotia would be wholly obviated. The fishing vessels could winter at any of the Ports on the Gulf shore which they found most convenient; their stores and outfit could be sent up by Railway; and they would, in such case, enjoy the advantage of being on the fishing grounds at the earliest moment in the spring, and the fisherman could protract his labours until the winter had again fairly set in. “ The fresh Salmon packed in ice which were sent last season from Saint John to Boston by the'steamers, owing to the facilities of transport in the United States, in two days after they left Saint John, appeared at table, in fine condition, at Albany, Buffalo, Niagara Falls, New York, and Philadel¬ phia. If the Salmon of the northern Rivers could be trans¬ ported by Railway to Saint John, they would find a ready market in the numerous Towns and Villages of the United States, and the Salmon fishery alone would prove a perfect mine of wealth to the northern part of the Province. “ The immense products which might be obtained by a vigorous prosecution of the Fisheries for Herring, Cod, and 318 POLITICAL NOTES 1849 Mackerel, would not only furnish a fruitful source of profit to a Railway, but they would afford such an amount of re¬ munerative employment to all the productive classes, as almost to defy calculation. They would enable the Province to open up and prosecute a successful trade with several fo¬ reign Countries, with which at present the merchants of New Brunswick have no connection whatever. The farmer also would be greatly benefited by the extension of the Fisheries in connection with the Railway, because he would not only find a more ready market for his surplus produce, but he would be furnished with wholesome and nutritious food, at all seasons of the year, on the most reasonable terms. “ Aided by Railways, the Fisheries of the Gulf of St. Lawrence, now of so little importance, and such limited value, would take rank as one of the highest privileges of New Brunswick—its unfailing source of wealth forever here¬ after—and while the efforts of the people were successfully directed towards securing these bounties of Providence, lavished with such unsparing hand, they would rejoice in the goodness of an all-wise Creator, and offer up humble but earnest thanks to Almighty God for his exceeding good¬ ness and mercy towards his erring and sinful creatures.” These prophecies were all made in good faith. Editors as well as Legislators and others, “ took glimpses of the moon” through one and the same telescope. We could not admit that there were any doubtful phases in the disc presented to our view. Every feature of the landscape was as clear to the vision as the noon-tide sun. And now, after the road has been built a dozen years, what is the realization of these fond dreams ? The Fisheries are as prolific as ever—fur¬ nishing employment to hundreds of American fishing craft every season ; but instead of “ loads of freight” of this des¬ cription, passing along the railroad from Shediac to St. John, the writer has not heard of the first car load ; and he ques¬ tions whether the enterprise of our Merchants has up to this time been directed to a branch of business, which, no doubt, would be highly remunerative. In a word, our Fisheries are as undeveloped to day, with all our facilities, as they were twenty years ago, when it was calculated that it only required railway facilities to get at them.* * In former years dried Codfish could be purchased in the St. John Mar¬ ket for 12s. fid. a quintal. Of late years the price has nearly doubled there. 1 Surely then there must be a large home-market for the encouragement of the Fisherman ? 1849 AND OBSERVATIONS. 319 The debate upon the Report of the Railway Committee lasted several days. Every hon. member had a scheme of his own to propound. Mr. Woodward was in favour of the Province giving a round sum for the encouragement of Railways, amounting to £350,000, to be expended at the rate of £70,000 per annum for five years, and to be thus apportioned : To a Railway from Shediac to the Bend, £25,- 000; from St. John to Hampton Ferry, £25,000; St. An¬ drews to Woodstock, £50,000; from St. John to meet St. Andrew’s line, £35,000; cross line to Fredericton and St. Stephen, £45,000; and from Woodstock to Canadian Boun¬ dary, £170,000. Mr. (R. D.) Wilmot thought it best only to build the Bend and Shediac Section first. But it is unne¬ cessary to enumerate the various projects submitted, as they were conceived without sufficient calculation, or, (as it seems at the present day,) sufficient amount of prudence. It would afford the political student a fund of amusement, to wade through the several speeches that were made on that occa¬ sion, especially of those who favoured the Report of the Committee. With them the belief was, that without rail¬ roads, “ it was feared that our position as Colonies will be of short duration.” The Attorney General contended that the St. John and Shediac Railroad was the only local line that could be built with advantage, and the only one that promised the best returns. All very well, said Mr. Brown, of Charlotte; but “ he was prepared to show that the St. Andrew’s line would be the most remunerative.”* Mr. Boyd was also positive as to the superior paying qualities of the St. Andrew’s line, if once built. The traffic, for quantity, on the Shediac line, could bear no comparison. The im¬ mense emigration that would flow into the Province, and settlements on the St. Andrew’s road, would add vastly to the general revenues. After five days’ discussion the House divided upon the Attorney General’s resolution, in acknowledgment of the necessity for building Railroads in the Province ; and then a strange scene followed ; one resolution was placed upon another—amendment upon amendment added—until reso¬ lutions and amendments became so tangled, that it required * Sec News Report of Debate, March 26, 1849. 320 POLITICAL NOTES 1849 some genius in the movers to recognize their own offspring. Some were for one thing and some for another—some hardly knew what they did want, but thought they wanted some¬ thing. In order to get at the sense of the House, there were nine resolutions and amendments proposed ; and finally the whole affair ended in —nothing ! The St. John and Shediac line, the child of so many hopes in St. John, came to an untimely end. Having acknowledged the principle of rail¬ roads, all that the House could be induced to pass, when there were so many conflicting crotchets before it, was a bald resolution, to the effect that the Legislature would be willing to grant to any Company that would undertake to build the Intercolonial Railroad, five miles of land on each side of the road, and the right of way through the Province! As soon as the news of the defeat of the scheme was received in St. John, the whole City felt as if it ought to go into mourning. There was lamentation and woe on all sides. Blue-ruin and annexation looks were depicted upon many a sallow complexion. It would be interesting now to read the lucubrations of the Press on that occasion. Every hon. member who opposed the railroad, was treated as a common enemy of his country. Epithets, not always of a Parliamentary character, were heaped upon his head. A public meeting was immediately summoned, upon a requi¬ sition to the Sheriff, signed by 400 persons, with a view of giving the citizens an opportunity of expressing “ their feel- “ ings of indignation at the shabby manner in which they “ have been treated by the House ot Assembly.” The meet¬ ing was accordingly called for the following Monday. At an early hour on that day, (2nd April,) the Court House began to fill rapidly with an anxious multitude. Every citizen seemed to feel, on this occasion, that he really “ had a stake in the country,’’ and the success of the mea¬ sure, in spite of the Legislature, was dependent upon his individual presence at the Court House. On no great occa¬ sion before, was there such a numerous, motley, and excited gathering. It is only necessary to say, that it was “ an indignation meeting,” in the fullest sense of the word. The resolutions were sharpened to the finest edge, suitable to the temper of the people, without bringing the movers and 1849 AND OBSERVATIONS. 321 seconders within the purview of the “ breach of privilege ” regulations. Walker Tisdale, Esq., on motion of Sheriff Johnston, was called to the Chair. The principal Speakers were John H. Gray, Esq.; Dr. R. Bayard ; Robertson Bay¬ ard, Esq.; William Jack, Esq.; George Blatch, Esq. One resolution called upon the Governor to dissolve the House immediately—passed. Another resolution was for forming a “ Railway League ” in St. John, favourable to the con¬ struction of railroads in general, the Shediac line in particu¬ lar—also passed. The meeting lasted five hours. The calculations, largely entered into by some of the speakers, as to the paying properties of the St. John and Shediac Railroad, when once built, if reproduced now, would be exceedingly interesting ; although at that time, the writer, like others, could see nothing but railroads, believe in noth¬ ing else as the panacea for all our commercial woes. There was no reverse side to the picture. Our fancy word painters were satisfied with the colouring furnished to them by an over-heated imagination—the outlines were well drawn, but as a truthful picture, the essential features were largely inac¬ curate. In obedience to the resolution, calling upon His Excellency to dissolve the House, a Petition was drawn up and placed in the Hews Room and Book Stores, for signature. In a few days this document was numerously signed, embracing a large number of influential names; and as it indicates a good deal of the strong feelings of the day, its republication here, it is believed, will be read with interest:— To His Excellency Sir Edmund Walker Head, Bart ., Lieut. Governor of the Province of New Brunswick, £c. know that Railroads would be ruinous, still he would sup¬ port this through generosity. Mr. Needham spoke in favour, Mr. Barberie opposed; he said the sum was too large, that the Province could not afford it. Mr. Planington was glad to see public opinion so far advanced; he had signed the former Report, believing the Railroad would be the means of elevating the country ; but he would oppose the Government having any control. For the Bill .—The Speaker, Attorney General, Partelow, Rankin, Hanington, Ritchie, Chapman, Scoullar, Gordon, Read, Crane, Williston, Botsford, Tilley, Rice, Stiles, Tay¬ lor, English, Beardsley, Ryan, Purdy, M‘Leod, M‘Phelim, Fitzgerald, Robinson, Gray, Wilmot, Cutler, Hayward, John¬ son, M‘Phelim, Sleeves, Needham—S3. Against —Gilbert, Montgomery, Pickard, Earle, Barberie, 5. The leading features of the St. John and Shediac Facility Bill, which was also carried, may be briefly recited. The Government were to give a Company £250,000 sterling to¬ wards the undertaking—that is to say, as soon as £100,000 were paid in by subscribers, the Province would issue deben¬ tures payable in Eondon, or New York, bearing interest at 6 per cent.; but not more than £100,000 to be issued in any one year. For every £10,000 paid in by the Company, the Province was to pay £10,000, but not to exceed the annual amount just stated. The debentures were to be redeemed in thirty years, and in case of there being a deficiency, the Stock was to be sold to make it good. There were to be nine Directors, out of which the Province was to be represented by two Directors, to be chosen by a ballot of both Houses of the Legislature, united, so that no Government interest should interfere. The Bill for the St. Andrew’s line provided £50,000 by Government, upon the same terms—£20,000 in debentures were to issue when £20,000 stock was paid in. 1851 AND OBSERVATIONS. '387 Mr. Botsford read the correspondence connected with Judge Botsford’s retirement, and animadverted in severe terms upon the Government of a former day. He characterized the cir¬ cumstance as a “ foul plot,” and asserted that his father had been sacrificed to political intrigue. He moved for an Address to Ilis Excellency, for certain despatches now withheld. Carried. Mr. Ritchie adverted to the circumstance of the Governor garbling the despatches he sent down. He con¬ strued this to mean that there was something dark and bad behind, which Government dared not to send down. The Government introduced another Bill, called “ the "School Bill,” which may he considered as the fourth Bill of the Session. Indeed there never was a Session before—there has never been one since—when a Government marked out so much work for the House to proceed with. Whatever may have been said of the previous Government for doing nothing , the present formation—which, after all, was nothing but the old body with a new head—proved to be any thing but indolent. But all that they offered, or could do, was not enough to satisfy the opposition. The present School Bill was pronounced to be an abortion, almost in advance of its birth. The Bill set out with repealing the Act continuing former Acts, and proceeded to re-enact the same provisions, with a few additions. The Executive was still to be a Board of Education. The Sessions were to appoint Trus¬ tees, who, in their turn, were to divide the Parishes into School Districts. The Teachers were to be paid by the old voluntary system, in money, or board and lodging by the District, to the amount of <£10 for six months, and were to be paid the same Provincial sum as at present, unless where there were too many Schools in a Parish, when the amount apportioned the Parish was to be divided proportionately among them by the Trustees. The Teachers were to attend the Training School, and to receive 10s. a week each during their attendance. The Bill determined what eaeh Class Teacher was to be capable of teaching—Practice—English Grammar—Navigation—and another section enacted, “ that •it should be the duty of the Teacher to teach diligently all the branches to be taught in the School, and to exert his best endeavours, (these were the words) both by example and 388 POLITICAL NOTES 1861 precept, to impress on the minds of his pnpils the principles of piety, justice, honesty, and a sacred regard for truth, lore to their country, humanity, and universal benevolence, sobri¬ ety, industry, frugality, chastity, moderation, and tempe¬ rance !!!” His pay was to he <£9 and board and lodging, for the six months. The other features of the Bill are here omitted. It was taken up for discussiou on the 1st April, hut the Attorney General said that it contained so many defects, that he could not ask the House then to pass it; if taken up he had many amendments to propose. Mr. Wil- mot suggested, in order to save time, to refer it to a select Committee; seconded by Mr. Hatheway. Attorney General' had not the slightest objection. Mr. Steeves suggested to the Government that it was now too late ; the Bill was important, requiring much time, and the Session was drawing to a close. Mr. English wished the Bill taken up, he was willing to re¬ main all summer if it were necessary. Mr. Ritchie was not willing to remain, and the country would not thank them if they did; he was not disposed to make this a party question ; hut was it fair that the Government should introduce mea¬ sures in such a way, and leave the House to alter them in every feature ? the very object of Government was to mature measures, and prepare them as nearly perfect as possible for the House. Mr. Hanington would not remain all summer, and he thought it not too late to refer; a Committee would have been appointed at the very opening of the Session, but for the paragraph in the Speech. Mr. Johnson thought the Attorney General was not to blame; he had not time to attend to all these measures, and this had better be with¬ drawn. Mr. Gray said it was an acknowledgment of incom¬ petency on the part of the Government, but he had no objec¬ tion to let it be referred to a Committee. Mr. Partelow was not particularly conversant with the subject, he confined him¬ self principally to financial matters, still he w r as willing to give his assistance in the matter, and the Government were not to blame. He said if Mr. "Wilmot had not been removed, he would have brought down the measure. The Attorney Gene¬ ral replied warmly; he said the Bill was not a party measure. It was found impossible to frame a good measure even in England; he was prepared to go on with the Bill if the 1851 AND OBSERVATIONS. 389 House would not refer it to a Committee; he acknowledged its many defects, and would have a much more perfect mea¬ sure prepared next Session. On the division, it was referred by a large majority. The Bill was not again taken up in the House during the Session. Since the School Act of that day has given way to another, more suitable and useful in its purposes and objects, the dis¬ cussions which occurred from Session to Session, every time an attempt was made to improve the Law, will not be again referred to. In a former Chapter, some of the points in a similar discussion were brought out, which answer the pur¬ poses of this Book. March 10.—Mr. Gilbert introduced a Bill* (which was laid on the Table, to be moved on a future day,) to the effect • that King’s College should be converted into an Agricultural School, with a model farm connected therewith ! This was certainly one way of trying to improve the intellectual tiain- ing of the rising generation. Had the hon. gentleman s pro¬ position gone the length of converting the College into a Circus, or a Theatre, and required the President and Pro¬ fessors to become the performers, his resolution would not have been a bit more inconsistent! The Bill was received and ordered to be laid on the Table. It may be remarked here, that the College at this time was, in consequence of what was considered to be its inefficiency, very unpopular in the coun¬ try. The College Council consisted of fifteen members, which was made up of ten Episcopalians—two Presbyterians —two Methodists—and one Baptist. The Visitor—the Chan¬ cellor_the President—the Principal—six out of 6even Pro¬ fessors and Teachers—and the two Examiners—were Episco¬ palians. The Chapel Services were according to the rites of the Church of England, and were compulsorily attended by all resident Students, unless in case of special dispensation. Of eighteen Students then on the College books, two were out of the pale of the Episcopal Communion. The two Examiners were young Clergymen of the Church of England, * On the 12th Mr. Gilbert’s Bill was to be considered; but the Speaker announced to the House that it could not be found upon the flle-so that the inference was, that somebody had purloined it. This BiU, however, was found afterwards, and discussed on the 25th April, and thrown out. 390 POLITICAL NOTES 1851 not much more than out of their teens—men of faultless con¬ duct, but were scarcely the Seniors of those they examined— were both fresh from their admission to orders; and had neither of them as yet given any assurance to the world of the erudition and ability necessary to their office. A correspondent, under date May 12th, 1851, addressing the writer of this Book upon the subject, thus remarked, among other things— “ Bet any impartial man compare the proportions of Epis¬ copal with other influences in the Councils and Chairs of the College—the number of Ministers for the stalls of the estab¬ lishment, who have received assistance from the public funds, * and honours and titles from the College—the entire absence of Students for the pulpits of other Churches—let him remem¬ ber that while those who are intended for the legal, the medi¬ cal, or the mercantile professions, must surely outnumber the students of the divinity class; yet no provision is made for them, not even a good, or I believe indeed any system of men¬ tal philosophy; and then recollecting the relative numbers of the different religious denominations in the Province; let him answer the plain questions—Is this Institution free and equal in its favours ? Does it savour of Episcopacy and Sectarianism ? Is it substantially Episcopalian and Sectarian, or is it not ?” On the 11th March, the Attorney General introduced yet another Bill, which was for appointing a Law Reform Com¬ mission. An animated discussion followed, which lasted the remainder of the day. Mr. Ritchie opposed it as the basis of a job; he said the proper Commission would be the Attor¬ ney and Solicitor Generals, with the Master of the Rolls, who are already paid. The Speaker opposed it, because he thought the Chancery Court ought to be abolished. Mr. Heedham opposed it, because he thought Commissions a useless expense, and because he had himself prepared a Bill. Mr. Haniugton considered the Commission useless ; he said the late Attor¬ ney General, if in the House, would have had a measure pre¬ pared now; that it was the duty of the Attorney General to do so, and that the country would not pay such a salary for merely attending to criminal business. The Attorney General hoped they would not hastily reject so important a measure, but would allow it to lie over until Mr. Heedham’s Bill was disposed of. He spoke warmly and frequently. On motion AND OBSERVATIONS. 1851 391 to report progress, the Government were sustained by a majority of only one —the numbers being 19 to 18. Instead of alluding any more at length to this discussion, which was resumed on a subsequent day, it will be enough merely to state here, that the Attorney General succeeded in carrying his Bill. Mr. Needham’s Bill was, therefore, set aside, and the Commission appointed, while Mr. Needham was chosen Secretary to the Commission.* After two years’ labour, three volumes of the Laws, codi¬ fied, and well bound up, were brought forth, and are now useful as a standard reference, the embodiment of all the unrepealed Provincial Laws, enacted from the first settle¬ ment up to that period. On the 19th, the Revenue Bill was finally passed—after numerous discussions, which were continued from day to day. Its leading character had a strong “ hankering for protec¬ tion”—not, however, exactly satisfactory to either party— Free Traders or Protectionists—but, to use a common expres¬ sion, a kind of “ give and take affair.” A specimen of the animated talk, by which the consideration of this revenue 'measure was always accompanied, is here given for the edifi¬ cation of the reader. Mr. Gray moved a resolutipn, to the effect that the House adopt the Bill as proposed. This motion caused great excitement. Messrs. Ritchie and Parte- low declared the resolution unconstitutional. The Speaker thought otherwise. Many members met this with cries of question. The Speaker in one case was put down, but after explanation was considered to be right. Mr. Hayward said he never saw such disgraceful conduct. Mr. Barberie called the House a bear garden. Mr. Ritchie threatened to move the standing order. Mr. Gray withdrew his resolution, and pro¬ posed that the vote on Corn Meal be re-considered, and Is. per barrel be imposed, in order to test the House if willing to support the Bill. Mr. Partelow spoke against the reduc¬ tion in the duty on molasses, as causing a loss to the revenue of nearly £3,000, without adequate benefit to the poor. Mr. Ritchie spoke strongly against the duties on wheat flour. * The Commission consisted of Hon. W. B. Kinnear; and J. W. Chandler, and Charles Fisher, Esqrs. 392 POLITICAL NOTES 1851 CHAPTER XXX. Halifax and Quebec Railway — Nova Scotia Delegate’s return— Mr. Hawes’ Promises to Mr. Howe—House rejects the Impe - rial propositions to build the Intercolonial Road — Mr. Howe visits St. John—Addresses a Public Meeting — The tide of Pub¬ lic Opinion changes—Feelings in favour of the Intercolonial Scheme—Attempt to upset the European and North American Railway Company frustrated—Earl Grey becomes more intelli¬ gible — The Quebec Bubble bursts — Judges' Fees—Foremen of Grand Juries to be made elective — The Court practice up to 1850 — Foremen absolute—Crown Officers beyond the reach of Public Opinion — Want of Confidence Resolutions. April 1st.—Despatches from the Colonial Secretary were laid before the House, respecting the Halifax and Quebec Railway—in which Earl Grey expressed a willingness to ask the Imperial Parliament to guarantee the interest on the money required, provided the Provinces interested would be willing to pledge all their revenues to the Crown as a first mortgage or lien to meet the amount. In order to be still more guarded, His Lordship intimated that other stipu¬ lations at present not advanced, would be asked in due time, should the Provinces interested be willing to accept the money and conditions. It was also intimated, but in such a way that the language was susceptible of more than one inter¬ pretation, that the “European and North American Rail¬ way” project might be considered as part and parcel of the same concern. It afterwards turned out that the language in this regard (to use a quotation a little altered) was used 1851 AND OBSERVATIONS. 898 in the Despatch, for the purpose of concealing the Minister’s thoughts; for when Earl Grey was afterwards reminded of his Western extension promises, he declared that he could not see his own language in the same light as it was under¬ stood by Mr. Howe, to whom the promise had been made. However, the tenor of the despatches did not, at the time, satisfy the people of this Province, that Earl Grey meant to •include Western extension, with the exception of a few per¬ sons who, because they wished. to have it so, could see noth¬ ing else. The people of St. John were particularly hostile to the whole scheme. Mr. Howe, it was said, proceeded to England to obtain assistance for the Nova Scotia section of •the European and North American Railroad—the Halifax and Quebec scheme having been considered dead beyond the hopes of resuscitation. In addressing Earl Grey for a guarantee for a line which both Provinces at the Portland •Convention, and by subsequent Acts of the respective Legis¬ latures, had agreed to build in concert with the State of Maine, the Colonial Secretary took alarm, lest, it was pre¬ sumed, the building of the Western road in preference to the Intercolonial, might be the means of leading to the supplanting of the English Government in the affections of the Colonists, owing to the better facilities of intercourse between the Maritime Provinces and the neighboring Repub¬ lic. His Lordship, accordingly, through a letter addressed by Mr. Hawes (Under Secretary) to Mr. Howe, the Nova Scotia •delegate, revived the old Intercolonial story—expressed a willingness to do something for that—(but which something, as before stated, nobody could clearly define—especially in regard to the Western branch, unless it was Mr. Howe, and it afterwards turned out that either he was mistaken, or Earl Grey did not know what he meant himself,) provided the Colonies, or Nova Scotia rather, through its Delegate, would reverse its course, or turn its attention primarily to the building of the Halifax and Quebec Railroad. Mr. Howe (to the disappointment of the friends of the European and North American Railway in this Province) at once seized •the opportunity, and subscribed to Earl Grey s proposition. From that moment the doubloons began to fly through the brains of Politicians with a charming rapidity. New Bruns- 50 '9 • 1851 wick, however, still remained true to her first love. The House was in Session, and Mr. Gray offered a resolution, which was unanimously sustained, condemnatory of the demands of Earl Grey, that all our revenues should he made a condition precedent to the English Government un¬ dertaking to offer the guarantee. In another resolution he said we were now engaged in a work which required all our zeal and resources. Mr. Ritchie agreed generally with Mr. Gray. He also condemned the conduct of the Home Gov¬ ernment throughout this affair in unmeasured terms; the conditions sought to be imposed were such as would make us all slaves to Downing Street, binding us body and bones, and the next generation also. He did not think the British Government would guarantee the sums named in the Facility Bills passed this Session, but he cared not, he was prepared to rely upon our own resources. Mr. Porter passed some very severe remarks upon the mercenary spirit of British Statesmen. Mr. Hanington thought speeches upon the Resolutions unnecessary. They expressed his sentiments, and he would support them. Mr. Botsford condemned the conditions proposed. He believed Earl Grey, in offering even this measure, was actuated by a desire to send convicts to these Colonies. Capt. Robinson would support the Reso¬ lutions. Earl Grey had been too roughly handled. Every Colony sought aid of the Home Government for Railways, and the minority were afraid that if they acceded to one pro¬ posal they must to another. The convict scheme had been suggested by Mr. Howe. As to a guarantee upon Colonial Railways securing capital upon 3J per cent, he did not believe it. He believed that no money could be procured for those works under 5 per cent. Mr. Williston said the terms were such as Earl Grey knew we could not consent to, and regarded the despatch as a scheme to set the matter at rest. Mr. Johnson approved of the Resolutions, excepting the expres¬ sion that the St. Andrew s and Quebec line will prove remu¬ nerative, and the instructions to the Executive to ask a guarantee from the British Government on the grants in the facility Bill, as he thought such an application must injure our credit in England. He believed Earl Grey’s motive in calling our attention to this line just now, was 1851 AND OBSERVATIONS. 395 only to cause delay, and prevent the European and North American line from going on. Mr. English was opposed to renewing the pledges already made in aid of the Halifax and Quebec line; the offer had been rejected, and bethought the Province now had enough on its hands. He was also opposed to seeking a guarantee; they had better rely upon their own resources. Mr. Hatheway would vote most deci¬ dedly against renewing the pledges of 1849 and 1850. Mr. Needham did not know how to vote, as he had not read the correspondence, lie was opposed to renewing the pledges. He hoped the matter would stand over uutil to-morrow. Mr. Gray was somewhat anxious about an early decision, as the Legislature of Nova Scotia were that very day con¬ sidering the same subject. If hon. members wished, how¬ ever, he should not object to its standing over. An Address to the Queen, in which the Legislative Coun¬ cil concurred, was drawn up and forwarded, rejecting Earl Grey’s proposition. , St. John was the head quarters of scepticism. There the advocates of the European road could see nothing in Mr. Hawes’ letter to Mr. Howe, but a disposition to hoodwink —promises that seemed incapable of fulfilment. Having been so often deceived in the Quebec scheme, and now having one before them that really appeared to he practi¬ cable, or within the means of the Province to build, the Railroad Company resolved, notwithstanding Nova Scotia, to stand by their pet scheme, (the European and North American) keep to their promises, and upon the right track. Shortly after Mr. Howe’s return from England, however, he visited St. John (in the month of June) for the purpose of converting the Halifax and Quebec Railroad opponents over to his way of thinking. His first step was to have an interview with the members of our Government. The amount of gold that would presently be thrown into their lap, no doubt, was made quite apparent to them, (not deceitfully so.) A public meeting was called at the Mechanics’ Institute, where the hon. gentleman delivered an address. Now mark the inconsistency by what follows. Gradually the chamelion began to change its colors—the public opinion of St. John lost its equipoise, and then touched the beam. Some people ■■■■ 395 POLITICAL NOTES IS St now saw for the first time that western extension was sure in Mr. Howe’s promises. We could not, therefore, have a better chance of raising the money than by making common stock of the whole concern. A meeting of the European- and North American Railway Company was called. A resolution was offered for suspending further operations, since the chance of obtaining the money for building all oiir Railroads were so propitious—in a word, it meant to yield to the outside pressure of a fickle minded people, or rather sueh as are susceptible of being wheedled at any time for any purpose. The writer of this, moved in amendment; that the Committee proceed in their labours in obtaining stock, without regard to any other project. A lengthy dis¬ cussion followed ; but the amendment was carried, and the consistency and dignity of the European and North American Railway Company were sustained. The object with some parties at the meeting was to trip the Company up—to com¬ promise it in such a way that it could not proceed any fur¬ ther upon its own responsibility. It was fortunate that the amendment was sustained; for the great Quebec bubble burst in a short time afterwards, when the proper test came to be applied—when Earl Grey, in a subsequent despatch, repudiated such an idea as a promise to afford assistance to any other than the Intercolonial Railroad. It may be here added, that the European and North American Railroad has since been built independently of the Imperial guarantee while the first sod of the Halifax and Quebee Railroad remains as firm in the ground as ever, and likely to remain there for some time longer, notwithstanding the sharp diplo¬ macy that has been going on for the last two years ! * The foregoing remarks, although not in the order of our Legislative narrative, could not be used in a more suitable place —nor the circumstances mentioned be very well omit¬ ted, since they have had so much to do and will continue to have, with the regular Legislative proceedings. April 2.—Mr. Ritchie’s Bill, for abolishing the fees of the Judges, was taken up. The Attorney General opposed it as reducing salaries, in addition to the reduction already made * European and North American Railway will be again referred to briefly in the proper place, for the last time. 1851 AND OBSERVATIONS. 397 by the Act of the House; this was no retrenchment, the money came out of the pockets of Suitors, and it could not pass without a suspending clause. Mr. Hanington said, in the Bill fixing salaries, no fees were contemplated, these were onorous and a direct tax; Lawyer’s fees were reduced first and third, and so may these. Mr. Botsford said the princi¬ ple was incorrect, that men dispensing justice should derive salaries from fees. The Speaker agreed. Mr. Hatheway was not surprised at the Attorney General’s conduct, it agreed with his enunciation that he would go for retrenchment, but not to interfere with the salaries of the rich. Mr. Hayward would go for the Bill. Mr. Williston also supported it. Mr. Taylor said this was the proper plan for retrenchment. Mr. Johnson supported; he said if we are not able to reduce fees without Earl Grey’s permission, it was time to try the ques¬ tion. Messrs. Beardsley and Thomson were opposed to fees. Mr. Ritchie replied to the Attorney General; he said it was an important retrenchment. All the speakers repudiated the idea of so far submitting to the dictation of the Colonial Office. The Attorney General, Messrs. Rankin, Montgomery, and Robinson, only voted against the Bill—and 32 voted for it. On the 7th April, a Bill for making the Foremen of Grand Juries elective by their fellow Jurors, was under discussion, and passed the House. TJp to this time the Foremen were appointed by the Court; and these gentlemen were conse¬ quently sometimes quite absolute in their bearing towards their fellows. Instead of all being on equality, in the dispo¬ sal of the routine business and rules peculiar to Grand Juries —for instance, in adjourning meetings, and fixing time for re-assembling—the Foreman had the direction in his own hands. Jurors could not put questions to witnesses until the Foreman had exhausted his quiver of queries, and then any other Juror might try his ingenuity upon the witness; but the Foreman was the presiding genius, and directed the pro¬ ceedings with a scrupulous regard to his own sovereignty, and the submission of witnesses and interlocutors. This measure was, therefore, quite a relief to a custom that should have been exploded many years earlier. Another matter relevant to the Court business may here be mentioned, while the 398 . POLITICAL NOTES 1851 opportunity presents itself, for the benefit of the rising gene¬ ration of politicians, and it will serve to shew another of the baneful effects of the irresponsible system of the times. Grand Jurors were obliged to dance attendance upon the Court from day to day, without doing any business, for the accommodation of the Crown Officers. The time of Jurors, in the opinion of these gentry, counted as nothing. Instead of having the Bills of Indictment and witnesses all ready at an appointed hour, for a particular day, the Grand Jury, on assembling at 11 o’clock, if that happened to be the hour, would have to remain in idleness and desultory conversation perhaps for half a day —because the Attorney, or Solicitor General, had not found it agreeable to his comfort, to be on hand to “ proceed to busi¬ ness.” Grand Jurors of the present day have very little con¬ ception of the “ pains and penalties” to which their fore¬ fathers in the Jury Room were exposed. The Crown Offi¬ cers were beyond the. reach of popular control; and they exercised their functions towards Jurors as it suited their convenience, while the public had the honour of standing in the vestibule, and bowing uncovered, as they marched in and out of the Court, without having the satisfaction of being placed in the witness stand, to declare against a system, the effect of which went deeply into the pockets of Grand Jurors. The times are now altogether changed. The Foreman is only a Juror like others, leading to a certain extent—but no longer enjoying the privilege of dictating and directing at the same time. Nor are the Crown Officers the men they used to be. If an Attorney General, at the present day, is not ready according to promise, with his Bills, the Jury adjourn—not as once upon a time, from hour to hour, and day to day, but for several days at a time; and if the busi¬ ness of the Court is still in arrears, they will not tarry, but keep on adjourning. Now the effect of this promptitude to business awakens corresponding alertness all round; for see¬ ing that twenty four respectable men, in the Jury Room, are determined not to be trifled with, the Crown Officers are up to their work, and equally anxious to guard against the “ Law’s delay.” But, to proceed— Mr. Ritchie moved another series of resolutions, complain¬ ing of Colonial Office interference, the conduct of the Gov- 1851 AND OBSERVATIONS. 399 ernor, and condemnatory of the Government. The preamble declared that local self-government had been conceded to the Province, and the resolutions were accordingly based upon this presumption. The first declared that the House were entitled to full copies of all despatches, affecting local interests, to or from the Colonial Office, when called for by any member. The reply of His Excellency to an Address of the House of 21st, was therefore unsatisfactory, inasmuch as mere extracts from a despatch could not convey the full meaning of the Colonial Secretary. The second resolution set forth, that all appointments to office were vested in the Governor, by and with the advice of the Executive Council; but inasmuch as His Excellency had, of his own will, and con¬ trary to the advice of His Council, appointed a Chief Justice and Puisne Judge, the proceeding was altogether inconsis¬ tent with the principles of Responsible Government. It was therefore due to the rights and interests of the people of this Province, and to the dignity of their own position, that the members of the Executive Council should have resigned their seats. The next resolution complained of the dictato¬ rial nature of Earl Grey’s despatch, (in reference to the above appointments.) The next was, a complaint that the Gov¬ ernment had not introduced a measure of retrenchment in the salaries, beginning with the salary of the Lientenant Governor, and cutting off all below him. They, therefore, failed to realize the just expectations of the people of this Province. The next was in reference to the refusal, of the British Government, to allow the Colonies to grant boun¬ ties for the development of their own resources, “ which was a direct interference with the constitutional rights of the people of New Brunswick,” as we have a right to use our own means for our own advantage. The next was con¬ demnatory of the course of the Attorney General, in having subscribed to the principles above condemned, and thus accepted them as the future policy of the Government of this Province* The last resolution was in favour of developing our Agricultural interests by Legislative assistance. Another “ trial of strength” was to follow these resolu¬ tions. At a subsequent date, (on the 14th,) the House proceeded 400 POLITICAL NOTES 1851 to the consideration of “ the State of the Province/’ when Mr. Ritchie’s resolutions were taken up. The mover spoke for two hours and a half. He reviewed the history of Res¬ ponsible Government, shewing the principles on which it was based, from Lord Durham’s report, and Earl Grey’s despatches. The old sore, that burst into rebellion in Canada, was the irresponsibility of Colonial authority, and referring everything of importance to the Home Govern¬ ment. The Minister had now taken away the Constitution ceded to the Province, and would, if allowed, assume the right to appoint to every office—referred to the speech of Lord John Russel, and the declaration relative to the Rebel¬ lion Losses Bill, to shew that he intended the Colonies to have the entire control of their own affairs—his declaration relative to the Governor General’s salary, to shew that the Colonists were allowed to decide what the salaries should be ; and would they now submit to dictation from Earl Grey ? He then took up the despatches, and, at length, shewed where most important parts were omitted, and as¬ serted the right of the representatives to all despatches when required—dwelt on the recent appointments, and insisted the Government should have resigned. If they had done so, the country would have approved of their conduct, and no traitor would have dared to take offence. He spoke of re¬ trenchment, and the Attorney General’s enunciation, in which he adopted the principles of the despatch, that de¬ clared the Governor’s salary not too high; and last, spoke of the agricultural interests. He ended by declaring that remonstrance was not the proper mode of proceeding. Mr. Partelow made a short speech—he said the Government knew nothing of the two last despatches sent by the Gov¬ ernor, about the appointments ’—they were written on his own responsibility —the Government did not resign, because it was in the recess—they waited till the despatches were laid be¬ fore the House, and their opinion pronounced. If the reso¬ lutions passed in their present shape, it would amount to a vote of want of confidence. He was in favour of Responsi¬ ble Government, and wished it defined and carried out. The Attorney General replied ; he said the Government had acted fairly on the whole. The Council did not agree, and 1851 AND OBSERVATIONS 401 gave him no advice; lie did what was best under the cir¬ cumstances, and afforded all necessary information to enable the House to form an opinion ; the principle now proposed had never been proposed before—that nothing should be withheld. If any discretion was allowed, the Governor was the proper person to exercise it. The facts relating to the appointments were well known, when the resolution was • proposed at the opening of the House, by passing by them ; then the House approved of the conduct of the Government; this should not be drawn into a precedent, and was made subject of grave remonstrance, which ho considered the pro¬ per constitutional course. The conduct of the opposition looked like persecution. Mr. Gray took up the question of bounties—he read all the despatches and the resolutions of the House on the subject—asserted the right of the Province to dispose of its revenues—on the question of the appoint¬ ments the Government ought to have resigned—three Judges could not carry on the business of the country—he referred to the conduct of the Executive resigning on Mr. Reade being appointed Secretary by Sir William Colebrooke, as a precedent—be spoke of the reduction of salaries, asserted the right of the House to regulate salaries, but where a com¬ pact had been made, public faith should be preserved—the principle was not, for how little offices could be filled, but for what sum we could get the best men. Mr. Barberie said, this question was tried at the opening of the House, and was now brought up again, they had better be doing the business of the country. The Government had pursued a prudent course for the benefit of the country. The con¬ flict was with the Colonial Secretary, and would their resig¬ nation affect him ? Both Houses should join in remon¬ strance ; it was no use flying in the face of the Government. John Bull could not be forced—what other course could they take unless to resist—he was not prepared for this— Government should not be held responsible for what they knew nothing of—they should remonstrate on the reduction of salaries, and not submit to such interference, without speaking out in plain terms. He agreed in all that had been said about dictation and bounties, but could not agree to these resolutions, because of the Jesuitical way in which they were 51 X 402 POLITICAL NOTES 1851 dovetailed into others. The Committee appointed on Agri¬ culture agreed on nothing—what could the Government do ? Mr. Crane said he would support the first resolution. If Mr. Ritchie’s definition of Responsible Government, and of the rights conceded, be correct, then they should address Earl Grey, and tell him he had violated the Constitution. The re¬ duction of salaries was of more interest to this country than any- other, and the question would have been settled long ago, but for the misunderstandings among themselves. Mr. Tilley said, there was no greater proof of the justice of their position than that they had allowed the Government sixty nine days to show what they would do, before they were put upon their second trial—the duty of the Government was to resign when the appointments were made. A Government that trampled upon the rights ceded to the Colonies, did not command the respect of a free people. Unless there was a reduction of salaries, the country would not be satis¬ fied. Mr. Ilatheway said, common sense was now para¬ mount to Law, and the desire of the people could not be restrained by technicalities. The Attorney General had done nothing to prove his skill and liberality, and entitle him to his position. All the measures introduced origi¬ nated with the former members of the Government; he would try him on his conduct since the opening of the Ses¬ sion. Mr. Robinson said, in effect, that Earl Grey and the Government had done right; Earl Grey must have laughed when he got the despatch. If the Government were turned out, how strange our legislation would appear, when it was found we had given four years’ revenue to the greatest set of rascals in the Province. He would oppose all the reso¬ lutions. Mr. Hanington said a responsible Government was the only one to bring the Colony into a proper state—he briefly defended the former Government—alluded to the Attorney General saying the Government was corrupt—to admit of appointments by Earl Grey, was to admit the foun¬ dation of British supremacy on this Continent—no Govern¬ ment could stand if not prepared to reduce salaries—he did not believe the Attorney General sincerely intended to do so—a fine system, if the Governor , could send home des¬ patches without the knowledge of his Council! It should be 1851 AND OBSERVATIONS. 403 stopped, if in no other way, than by having an Elective Gov¬ ernor—he would support the resolutions, because he believed they were for the interest of the country, let the consequences be what they might. He had other resolutions to propose. He said he approved of the despatch relative to Elective Councils, and for the immediate reduction of salaries—the Governor to £1,500, and the Judges to £600. Mr. Needham commented on the despatches, and the letter of the Gov¬ ernor ; asserted that the compact had been violated by the Home Government—he advocated the reduction of the sala¬ ries of the Governor and others. Mr. Wilmot said the Gov¬ ernment should have resigned on the appointment of the Judge; in doing otherwise they betrayed the rights of the people; the state of the country was not so much owing to high salaries as to a bad system of Legislation. On the questions affecting the labour of the country, the Attorney General had stood right. Mr. Steeves wished to judge the acts of the Government on such principles as they ought to be judged by; they should take care to hand down, unimpaired, the right which they possessed. He believed three Judges were sufficient. If the Government carried out such principles as those contained in the Minute of Council, they would find men supporting who now opposed them ; if the principles of the Constitution were allowed to be violated, anarchy and confusion would follow. He then entered into the general expenses of the Government. He said he believed these might be reduced to £10,000, or £12,000. Mr. Williston supported the amendment at length—he said the people were not taxed in any way, by the Home Government; they were as free as the wind that blew, or the waters of the river St. John. Mr. Gordon said many speeches had been de¬ livered to little purpose—he approved of several of the reso¬ lutions, but they were so blended with others, it was hard to take one without the whole; he thought this a repe¬ tition of the former dose; he wished to give the Govern¬ ment a further extension of time for trial. Mr. Porter did not believe we had Responsible Government, and the Gov¬ ernor was right to exercise his prerogative. Mr. Street spoke for over an hour and a half, in reply to all in opposi¬ tion ; he said he had been attacked by the papers ; charges 404 POLITICAL NOTES 1851 had been made against him as false as any thing could be ; he was opposed to the reduction of the salaries of the present incumbents, but he would go for prospective reduction, from the Governor down ; he wished he could reduce the Sur¬ veyor General’s salary, it was twice too much—he defended his own conduct since he had been in office. Mr. Ritchie finally closed the debate.* It is not necessary to notice the many divisions that took place from time to time upon the resolutions and amendments, in the course of the discussion. It is enough to show the result, and that the star of the Government was still in the ascendant. The opposi¬ tion, however, hailed the result as a great Liberal victory; for on the principal resolutions the votes stood 19 to 21, thus reducing the Government majority of seven, at the beginning of the Session, to only two now. This was all very well for the time being, to revive the staggering hopes of those who, in the former trial of strength debate, had been so greatly dis¬ appointed at the opposition defeat. But these figures by no means denoted the substantial strength, or weakness, of par¬ ties. Had there been a direct vote of want of confidence taken the next day, instead of the Government being in a majority of only two, they would have had their old num¬ ber back again, with perhaps two or three added. Libe¬ ral politicians of the oscillating order, could only be relied upon from day to day. Had the 19 who voted on the Libe¬ ral side in this debate, been all true men, the Government were virtually defeated, as the opposition declared them to be—but in the absence of an honest obedience to party prin¬ ciple and political integrity, the Government stood as strong as they ever did. The debate was, therefore, only useful so far as it brought out the opinions of hon. members, for the information and guidance of their constituents. In this respect, perhaps, it was worth all the money which the time of the House cost, because it was ultimately to tell on the side of Liberal Institutions. * This debate was continued from day to day, occupying nearly a week, and the chief points are preserved above, that the young politician may com¬ prehend the difficulties with which the early Reformers had to contend, both in the House and in the Newspapers, ere Responsible Government became fully established. 1851 AND OBSERVATIONS. 405 CHAPTER XXXI. The Legislative Council and House of Assembly at loggerheads Pay of Council Members stopped—The Council retaliate — The House backs down—Standing Order moved—Galleries cleared — Another attack upon King's College—Initiation of the Money Votes—Annual Estimate—Reduction of Salaries _ Imprisonment for Debt—Horrors of the old English system _ Messrs. Gray and Wilmot leave the Opposition and join the Government—Great excitement—Appeal to Public Opinion — Mr. Wilmot sustained by his Constituents — Three of the Libe¬ ral Members for St. John throw up their Seats in disgust — New Election to fill their places—Members returned. In consequence of the Legislative Council having rejected the Bill for rendering their body elective, the House, on the 9th, refused to vote the supplies to pay those hon. gentle¬ men for their services. This was a system of coercion, very imprudently conceived—for one fault can never atone for another. The following brief outline of the debate will show the sort of arguments used. Mr. Steeves said, the Bill to make the Legislative Council elective, had been rejected up stairs, and he was not prepared to pay them while con¬ stituted as at present—and moved that the Bill to pro¬ vide for the pay of the Members of the Council, be post¬ poned for three months. Mr. Hatheway seconded ; he was willing to forego his own pay in order to discharge his duty to his constituency. Mr. Beardsley supported the motion for postponement; the Council had rejected the Elective Bill, and three important Bills passed in this House—they 406 POLITICAL NOTES 1851 had better rise en masse , and wage war with them at once, if they were determined to obstruct. Mr. Johnson proposed the Bill for the convenience of the House—he would oppose as far as his own interest was concerned, but would not vote on the ground that the House was coerced by the Council. The Council was an independent Branch, and should not be coerced by the House. Mr. Wilmot would vote for the Bill, as he thought the Council ought to be paid; but as there was an attempt to coerce the House, he would oppose it. Mr. Robinson thought the country did not desire the Coun¬ cil to be made elective; he would oppose the Bill, and so try the patriotism of members, through their pockets. Mr. Ritchie said, if ever there was a point on which the people were united, it was this—the Council were responsible neither to the Crown nor the people, but opposed the wishes of both; he would, therefore, vote against the Bill. Mr. Tilley opposed the Bill—he said the Council were supposed to represent wealth and influence—they did not, therefore, require pay; the Lower House was different. On another occasion we were told, if you do not vote for one measure, the other will be lost in the Council. Mr. Thomson was always opposed to paying the Council. The Representatives were agents for the people. The Council represented them¬ selves. The Lords were never paid—the Commons were, until last century. Mr. Chapman said, there were constant complaints against the construction of the Council; the country required them to be elected, but he did not think that question affected, whether they were paid or not, and would support the Bill. Mr. Hanington said his opinions were well known ; he did not think they ought to be paid, and would not now vote for it even if he had been inclined, after it had been stated that the Council would not pass the other Bill, if this is not passed. Mr. Taylor said the course pursued by the Council deprived them of confidence, there¬ fore he would not pay them. The Speaker had always op¬ posed paying the Council ; he was surprised when it was said last year that the Council was dependent on the House; now the complaint was that they were independent and a check. Mr. Needham warmly opposed the Bill, com¬ mented on the Council keeping back the Bill for members’ 1851 AND OBSERVATIONS. 407 pay for six weeks—he said they were a mere picture gallery, faintly representing the House of Lords. Mr. Ryan would have no objection if the Council were properly selected from the Counties ; but six of them belonged to Fredericton, and so all through. Mr. Cutler was constrained to oppose the Bill, from the course pursued by the Council. Mr. Mac- pherson thought half the members of Council would do better, and the expense was too high. (The Bill was lost.) The Council, in retaliation, refused to sanction the pay to members of the Lower House. This subject was debated down stairs a few days afterwards, when many hon. gentlemen changed their minds—so that it was at last agreed—17 to 10 —that the Council should be paid; and thus the difficulty was brought to an end. April 10th.—The “ standing order” was moved, and hon. gentlemen discussed matters with “ closed doors.” The reason for this was, that Mr. Johnson drew the attention of the House to a report in the Head Quarters, in which Mr. Bar- berie was made to say that a statement of his (Mr. Johnson’s) was a base fabrication ; he did not so understand him, and did not think the language was used. Mr. Barberie, some time after, at the close of a speech, said the reporter was perfectly correct; he adopted the report, and was willing to repeat it. Mr. Johnson then moved that the Chairman leave the Chair. The galleries were accordingly cleared, and there was said to have been a free exchange of compliments among all the most interested, the sarcasms used being more pointed than polished. It was resolved that the salary of the Treasurer of the Pro¬ vince be reduced from .£600 to £500. April 12th.—Mr. Hanington offered a series of resolutions in regard to King’s College, the main purport of which was that the Legislature should address the Home Govern¬ ment, asking Her Majesty to withhold the annual allowance (£11,000) from the College, and authorize the funds to be devoted to a more useful purpose, because “ the returns from time to time laid before this House shew that but a very limited number of persons have availed themselves of said establishment for the objects of education, making appa¬ rent the inefficiency and failure of the Institution*for the 408 POLITICAL NOTE? 1851 purposes intended, involving, as it does, an expense far be¬ yond what the people can any longer bear, and entirely at variance with the condition, or wants, of the country; and whereas it is the opinion of this House, that the time has now arrived when the expenses of the said establishment should be materially reduced, and its revenues applied to a system of education better adapted to the wants of the country, and of more general benefit and advantage to the people of this Province.” April 24th.—Mr. Hanington moved a resolution to the effect that the offices of Surveyor and Postmaster Generals be made political, and that the officers themselves should hold seats in the Executive Council, as soon as the change could be conveniently made. Mr. Barberie thought there were too many Generals in the House already. Dr. Thom¬ son said it was all “ absurd nonsense.” Mr. Fitzgerald thought the Treasurer should be a political officer. The resolution was carried by a large majority. April 25th.—Mr. Scoullar brought up his resolution pledg¬ ing the House in favour of surrendering the “ Initiation of the Money Grants” into the hands of the Executive Gov¬ ernment. Mr. Johnson proposed an amendment, that the initiation should not be given up until Municipal Institu¬ tions were first in operation. Mr. Needham would not surrender the right until we first had “ Party Departmental Government.” Mr. Ritchie thought the “ initiation” being in the hands of the Government would be the means of bringing those other reforms about. The resolution was finally carried—17 to 10.* Now this was one of the most important resolutions ever introduced into the House of Assembly, upon one of those principles that engendered half the party strife of the day, and yet it elicited no more discussion than had it only related to some small Parish affair. Here was an example of the good effects of agitation, and the information thereby generally diffused; for the people were ripe for the measure long before their Repre¬ sentatives were willing to relinquish the power which this money influence always gave to them. * Shortly afterwards the House repealed this resolution. 1851 AND OBSERVATIONS. 409 The next reform of importance demanded, was tbe pre¬ paration by tbe Government of an annual Estimate of income aud expenditure, which should be laid before the House by one of their members early in each Session. Tbe system then in use, as already repeatedly referred to, was unsafe, unsatisfactory, and expensive. Tbe House had now been in Session about two months; and at least ten days had been frittered away, in discussing every item to be voted in supply. A grant of £10, or any other inconsiderable sum, would sometimes cost the Province £30 in tbe discussion. When there were several hundred items to be disposed of in a Ses¬ sion, and every one subject to criticism all round tbe desks, absorbing time paid for at an exorbitant rate, it will be acknowledged that the evils of tbe system were most per¬ nicious. But the remedy was forthcoming. Tbe Press and the Reformers were now more active than ever, and deter¬ mined to have every necessary reform brought about as speedily as possible. April 26th.—Tbe last exciting debate of the Session which took place, was on a notice of the Attorney General, that the House should go into consideration of a Bill to fix the salaries of the Attorney and Solicitor Generals, and the Secretary, immediately—those of the Surveyor and Auditor Generals, and the abolition of the office of the Receiver General, in prospective. Mr. Street stated that he did not think that the Secretary’s or Solicitor’s salaries too high; that of the Attorney General might be reduced to £500. He used his former arguments to shew why the other sala¬ ries should only be dealt with in prospective. Mr. Gilbert proposed a list of salaries, beginning with the Governor at £1000, to be taken en masse , as this was the only way a reduction could be effected; if taken one by one nothing could be done. This amendment was declared unparlia¬ mentary, and lost. Mr. Johnson proposed an amendment, to make an immediate reduction in the salaries of Governor, Surveyor, Auditor, Receiver, Master of the Rolls, and others. Mr. Ritchie said the Bill amounted to nothing, it would effect a very inconsiderable saving. The Speaker advocated a reduc¬ tion in the salaries of Surveyor aud Auditor Generals. The Receiver General’s office should be abolished. The agree- 410 POLITICAL NOTES 1851 ment made with the Master of the Rolls should be adhered to, and the reduction of the Governor’s salary should be prospective. Mr. Wilmot thought we should pay no salary to the Governor. The Home Government should pay him while he was nominated by them—if he was elected, then he would pay him .£1500. Mr. Partelow thought that, while so high a salary was paid by the Province to the Governor, people must be discontented; they should fix what the Pro¬ vince would pay, and let the Home Government pay what besides they might think sufficient to support the dignity of the office. Mr. Street agreed that a reduction should be made for future Governors, but it would be indelicate to ask the Governor to sign a Bill reducing his successor’s salary. The proper mode of proceeding was by address. Mr. Gray repeated what he had before said of reduction of salaries— thought for future Governor £1500 sufficient—had a right to reduce other salaries, but it would be impolitic. Mr. Bar- berie said the men who clamoured for reduction had gone home to St. John. Mr. Taylor thought it too late to intro¬ duce so important a measure. Mr. Earle was not satisfied with the Bill, it did not go far enough, thought it best to proceed both by Bill and remonstrance. Mr. Crane said, if they really desired reduction, they had better separate what they could effect from what they could not, than destroy both hy joining them. Mr. Cutler thought £1000 too low a salary for the Governor. Mr. Robinson said, they had reduced other salaries one-fifth, and would they reduce this £2000, and make the salary lower than that of the Governor of Prince Edward Island ? Progress was reported, and as the Legislature was upon the eve of being prorogued, the subject was not again brought up. All that was agreed upon was an Address to be sent to Her Majesty, proposing to place the Hon. Mr. Baillie upon a retiring allowance of £500 a year.* On the 29th, Mr. Needham introduced a Bill to abolish imprisonment for debt, and substituting the Law of attach¬ ment, which was read, and 150 copies were ordered to be * As will appear hereafter, Mr. Baillie was put on a retiring allowance— and the English Government granted him an additional pension—shortly afterwards he proceeded to England, and died in France about two years ago. 1851 AND OBSERVATIONS. 411 printed for the use of the Legislature. The Session being about to close, nothing was done with the Bill. Several times since the same gentleman has moved in this matter— but the law of imprisonment for debt still holds a place upon the Statute Book of this Province. The system is similar to what it was in England fifty years ago ; but whether in any respect as severe, the writer is not prepared to say. A few facts, in connection with this part of English history, will be interesting, or appropos, to the present occasion.* The ancients allowed a creditor to seize his debtor and bold him in slavery. It was a cruel practice, condemned by the most enlightened lawgivers; but it was more rational and humane than the Law of England. By servitude a man might work out his debt: by imprisonment, restitution was made impossible. A man was torn from his trade and indus¬ try, and buried in a dungeon : the debtor perished, but the creditor was unpaid. The penalty of an unpaid debt, how¬ ever small, was imprisonment for life. A trader within the operation of the Bankrupt Laws might obtain his discharge, on giving up all his property; but for an insolvent debtor, there was no possibility of relief, but charity or the rare indulgence of his creditor. Ilis body being the property of his creditor, the Law could not interfere. He might become insane, or dangerously sick: but the Court was unable to give him liberty. A woman died in the Devon County Jail, after an imprisonment of forty five years, for a debt of <£19. While the Law thus trifled with the liberty of debtors, it took no thought of their wretched fate, after the prison door had closed upon them. The traditions of the debtors’ prison are familiar to the people of England. The horrors of the Fleet and Marshalsea were laid bare in 1729. The poor debtors were found crowded together on the “common side” —covered with filth and vermin, and suffered to die, without pity, of hunger and jail-fever. Nor did they suffer from neglect alone. They had committed no crime: yet were they at the mercy of brutal jailers, who loaded them with irons, and racked them with tortures. No attempt was made to distinguish the fraudulent from the unfortunate debtor. The rich rogue—able, but unwilling to pay his debts—might * Vide May’s Constitutional History of England. 412 POLITICAL NOTES I85f riot in luxury and debauchery, while his poor, unlucky fel¬ low-prisoner was left to starve and rot on the “ common side.” The worst iniquities of prison-life.were abated by the active benevolence of John Howard; and poor debtors found some protection, in common with felons, from the brutality of jailers. But otherwise their sufferings were without mitiga¬ tion. The Law had made no provision for supplying indigent prisoners with necessary food, bed clothes, or other covering; and it was proved, in 1792, that many died of actual want, being without the commonest necessaries of life. The first systematic relief was given to insolvent debtors by the benevolence of the Thatched House Society, in 1772. In twenty years this noble body released from prison 12,590 honest and unfortunate debtors; and so trifling were the debts for which these prisoners had suffered confinement, that their freedom was obtained at an expense of forty five shillings a head. Many were discharged merely on payment of the jail fees, for which alone they were detained in prison: others on payment of costs, the original debts having long since been discharged. * The monstrous evils and abuses of imprisonment for debt, and the sufferings of prisoners, were fully exposed in an able report to the House of Commons, drawn up by Mr. Grey in 1792. But for several years these evils received little correc¬ tion. In 1815 the prisons were still overcrowded, and their wretched inmates left without allowance of food, fuel, bed¬ ding, or medical attendance. Complaints were still heard of their perishing of cold and hunger. Special Acts had been passed from time to time, since the reign of Anne, for the relief of insolvents; but they were of temporary and partial operation. Overcrowded prisons had been sometimes thinned : but the rigours and abuses of the Laws affecting debtors were unchanged; and thousands of insolvents still languished in prison. In 1760, a remedial measure, of more general operation, was passed: but was soon afterwards repealed. Provision was also made for the release of poor debtors in certain cases : but it was not until 1813 that insolvents were placed under the jurisdiction of a Court, and entitled to seek their discharge on rendering a true account of all their debts and property. A distinction 1851 AND OBSERVATIONS. 413 was at length recognized between poverty and crime. This great remedial Law restored liberty to crowds of wretched debtors. In the next thirteen years upwards of 50,000 were set free. Thirty years later, its beneficent principles were further extended, when debtors were not only released from confinement, but able to claim protection to their liberty, on giving up all their goods. And at length, in 1861, the Law attained its fullest development: when fraudulent debt was dealt with as a crime, and imprisonment of common debtors was repudiated. Nor did the enlightened charity of the Le¬ gislature rest here. Debtors already in confinement were not left to seek their liberation: but were set free by the Officers of the Court of Bankruptcy. Some had grown fami¬ liar with their prison-walls, and having lost all fellowship with the outer world, clung to their miserable cells as to a home. They were led forth gently, and restored to a life that had become strange to them ; and their untenanted dun¬ geons were condemned to destruction. On the 30th April the Legislature was prorogued. His Excellency’s Speech was as pithy and pointed as it was in 1850. One extract will suffice : “ Your labours have kept “ you at the seat of Government beyond the usual date. I “ hope that the occupations which await you at home may not he “ interfered with by this detention , and that Providence may “ again bless the labours of our farmers with an abundant “ return.” MATTERS DURING THE RECESS. On the 2nd of August following, a terrible bomb-shell was thrown into the Liberal wigwam in St. John, when it was announced that on the 1st inst., two of the leading Liberals —Messrs. J. H. Gray and R. D. Wilmot—had seceded from the Liberal Party, and become Members of the Government.. George Hayward, Esq., was sworn in at the same time. Changarnier, Lamoriciere, and Cavaignac, could not have been mofe astonished on the morning of the coup d’ctat, at finding the keys of their domiciles turned upon them, by the designing President of the French Republic, than were Messrs. Simonds, Ritchie, and Tilley, when the information first reached the City, of the defection of two of their 414 POLITICAL NOTES 1851 fellow Reformers. Messrs. Gray and Wilmot having stood side by side with the staunch Reformers, a united phalanx, up to the closing of the Session, their intentions of deser¬ tion were never for a moment suspected. It could not be supposed that these gentlemen would join a Government they were elected to oppose, and who, a few weeks before this, did their utmost to destroy. Rut their friends con¬ tended that circumstances had changed since the election. Then there was no Intercolonial Railroad upon the tapis— or in a fair way of being built, provided the Government of the Province would go at it in the proper spirit, and in har¬ mony with the other Provinces. It was, therefore, desirable that some of the most influential of the opposition, instead of standing aloof, or acting factiously, should unite with the Government, for the sake of obtaining a measure which was to bring so much gold into the country. The British Con¬ stitution, it was contended, was the result of compromises and concessions. Wellington, Peel, Gladstone, and other eminent British statesmen, had sunk their party predilec¬ tions for the sake of benefiting the public interests. Why then, it was asked, should any of the opposition in this Pro¬ vince refuse to adapt themselves in the same way to circum¬ stances, when by so doing a great object was to be accom¬ plished ? Again, it was contended that there was no unity of sentiment upon the fundamental principles of trade, be¬ tween Messrs. Wilmot and Gray, and the other leaders of the opposition ; the former, it was remarked, were “ Pro¬ tectionists,’’ while the latter were “ Free Traders.’’ The Colonial Watchman, (newspaper,) published by Mr. Gillis, considered “ protection ” paramount to everything else ; and hence the wisdom of Mr. Gray and Mr. Wilmot changing their ground.* But aside from these considerations, it was • contended by their friends, that having fulfilled their pledges to their constituents in opposing the Government, and find¬ ing the Government immovable, it was not to be expected that they should continue in opposition for ever, especially * In Ms card a few weeks afterwards to his constituents, Mr. Wilmot said —“ I have stated publicly on the hustings and in my place in the Legisla¬ ture, that I could not give my support to any Administration composed of individuals, holding conflicting opinions on the subject of trade and of gene¬ ral policy, as it would be impossible for them to agree upon measures for the development of the Provincial resources.” 1851 AND OBSERVATIONS. 415 when there was a chance of doing so much good, and simply by joining the Government. Messrs. Simonds, Ritchie, and Tilley, did not subscribe to these reasons ; on the contrary, they thought that they had been unfairly treated by their old friends. The only Philoso¬ pher among them all was Mr. Needham. lie stood like a rock amidst the storm, resolved that no matter what might betide any body else, or what view his colleagues might take of “ the position,” he was not, for the sake of party, going to risk place, position, or any other present or prospective advantage, by jumping overboard, until he was certain that a fickle constituency would be willing to throw after him a life-buoy, and restore him again to their confidence, and his old situation upon terra firma. There was a considerable amount of common sense in this determination, whatever may be thought of the demands of party upon the hon. gen¬ tleman at this particular juncture in our political extremity. As will be seen hereafter, Mr. Needham did not make a mistake, as far as regarded himself, by not making the plunge in company with his colleagues. The friends of Messrs. Simonds, Ritchie, Tilley, and Need¬ ham, held a meeting in the month of August, at which these gentlemen were present. The blow struck at the Liberal cause by the late secession, was considered to be weighty enough for the meeting to mark its displeasure by the adoption of an extraordinary plan. It was agreed that the four members above named, should, in a joint Address to their constituents, express their views in opposition to the course pursued by their recreant colleagues; and at the same time call upon the constituency to pronounce judg¬ ment. Should the public verdict prove unfavorable to the conduct of Messrs. Gray and Wilmot, it was expected that these gentlemen would bow to the decision, by relinquishing their seats in the House; but if, on the other hand, the con¬ stituency should sustain them, then the other four gentlemen would be willing to give up their seats. This was the simple issue put forth in the card published, and subscribed to by Messrs. Simonds, Ritchie, Tilley, and Needham. Now, to imperil their positions, upon a single throw, seemed to some of the friends of these gentlemen to 416 POLITICAL NOTES 1851 be rather precipitate—while others thought that a provoca¬ tion so grave, demanded an exhibition of earnestness com¬ mensurate with the aggravation. It is scarcely safe, however, especially in excitable times, to refer a principle but little understood, to the capriciousness of a constituency; a majority of votes either way, is not, in such cases, always to be taken as a fair test of public opinion. Besides, no County in the Province has ever been more uncertain than that of St. John. It has been known to reject men one day, and elect them on the next opportunity that presented itself, not upon a change of principles in the candidates, but from a change of feelings in the electors themselves. Several glaring instances will be cited in support of this assertion. But the next difficulty was to know what steps to ’take, in order to get at public opinion upon the present occasion. Suppose there were to be an election, there was no law to autho¬ rize the constituency, at the polls, to vote upon an abstract proposition. To proceed by petition would be a tedious opera¬ tion ; and, after all, persons, perhaps, would sign a petition to-day for Messrs. Simonds & Co., and to-morrow the same oqes sign for Messrs. Wilmot & Co. Political faith in those days was about as stable as the sands in Courtenay Bay, sub¬ ject to tidal influences, of which interested partizans knew well how to take advantage. A man’s signature to a petition, therefore, could not be taken as a proof of his conviction_ nor where public opinion is so vacillating, could the impolicy of the course pursued by Messrs. Gray and Wilmot be deter¬ mined through a popular vote, whether given directly at the polls, or by petition to the Legislature. At length the friends of the hostile members agreed upon a mode of solving the difficulty. The opportunity for trying the question presented itself in the month of October, when the Hon. R. D. Wilmot was appointed to the office of Sur¬ veyor General. The opposition mustered their forces, and selected Allan M‘Lean, Esq., as their most available man, to oppose Mr. Wilmot, on his return to his constituency for re-election. At the hustings, on nomination day, (14th October,) Mr. Wilmot delivered a lengthy and animated speech, to a large and attentive audience. He said “ his reasons for joining 1851 AND OBSERVATIONS. 417 “ the Government were, that he had now a prospect of carry- “ ing out his favourite principles; the Government had been u re-organized, and his own views in matters of trade acknow- “ ledged. He joined the Government because he thought “ the constituency of St. John was entitled to a representa- “ tion at the Council Board, and because he thought that it “ was his duty to do so. He did not believe with those who “ thought a man should never change his mind—for there “ were circumstances that warranted a change of principles.” Mr. McLean said—“ he had always been a Liberal, and the “ advocate of a moderate protection. He was opposed to the “ present Government, because he could not sanction many “ of their acts. The public moneys for roads, bridges, &c., “ had been used in an extravagant way, and to an alarming “ extent, for electioneering purposes. He felt sorry to see the “ members of the Government, at this time, coming down to “ St. John, to influence the election in favour of Mr. Wilmot. “ It had a bad appearance, and showed they were determined “ to carry their point in defiance of every principle, and to “ strengthen their own hands. He was identified with the “ shipping, agricultural, and manufacturing interests of this “ Province, and, if elected, would do his utmost to serve his “ constituents in an upright and honourable manner.” Messrs. Gray and Ritchie also addressed the people, for and against the recent changes; it was a political tournament, one champion trying to unhorse the other; or rather it might be called, a battle for life and death, the judges to decide being the constituency, by whose decision one of these two gentlemen was to stand or fall, politically. The ingenuity of the lawyer was, therefore, more than ever tried, to make the worse appear the better cause on the one hand, and the better to appear the worse on the other. As neither, however, was a candidate himself, it is not necessary here to revive, or re¬ produce, the hard and unpleasant sayings that were made use of by them, respectively, on this occasion.* The election resulted triumphantly for Mr. Wilmot—the number of votes polled were: M‘Lean, 623 ; Wilmot, 896— majority for the latter, 273. Never did mortal men look * Both gentlemen now (1867) occupy distinguished positions—one as Chief Justice—the other as Speaker of the House of Assembly; while Mr. Wilmot &s a member of the Government. 53 more abashed than the Liberal party, or rather what was left of the party. Never were Government folks more elated, and well they might be—for the popular current had once more set altogether in their favour; and had the rejected Mr. Partelow now thrown himself upon his old constituency, he would have been returned, no doubt, two to one over any other person that could have been brought out in opposition. So much for the stability of public opinion in the City and County of Saint John ! In consequence of this adverse decision, Messrs. Simonds, Ritchie and Tilley at once threw up their seats, and addressed their constituents in separate cards, setting forth their reasons, which in general terms signified that they felt that they could no longer represent a constituency that had sanctioned a proceeding which they considered to be hostile to the best interests of the country, and especially to the Liberal party, who had struggled for so many years in trying to reform the abuses of the Legislature and the pernicious system under which the people were governed. Mr. Needham refused to surrender—he did not know that he was at all beaten. It was a quadruple alliance while it lasted; but it became a tripartite treaty with the Liberals afterwards who surrendered their seats. The wisdom of this gentleman’s conduct was interpreted in different ways, as it suited the prejudices of party—while some declared Mr. Needham to be right in holding on to what he possessed, others considered that he ought to have gone overboard with his Liberal colleagues, since he took passage with them to pursue the same voyage for a pre-arranged desti¬ nation, which meant the breaking up of the Government and all connected therewith. But had the hon. gentleman thrown up his seat, he would have sacrificed something like one thousand pounds, which his Secretaryship to the Law Commission afterwards brought him in. The retirement of Messrs. Simonds, Ritchie, and Tilley, and the accession to the Government side of Messrs. Gray and Wilmot, did away with the force of all opposition, so that henceforward the Government were to have every thing as they could wish, more so than at any former time, as will more fully appear when we enter upon the Legislative pro¬ ceedings of 1852. 1851 AND OBSERVATIONS. 419 The gentlemen returned for the three seats just vacated in St. John, were Messrs. James A. Harding, John God¬ dard, and John Johnston. There was no contest worthy of the name. S. K. Foster, Esq., ran in opposition to Mr. Harding for the City. The Liberals in City and County stood aloof, and there was very little excitement. Mr. Hard¬ ing was the only Liberal (although not voted for as such) who was returned. POLITICAL NODES' 1852 42ft (isssr.y CHAPTER XXXIL Opening of the Legislature—The Governor's Speech—The Que - bee Railroad suggested — Gallery for the accommodation of the Ladies—An English Company propose to build Railroads in New Brunswick — Conditions—Bill for Taxing Wild Lands —- “ High Church " and “ Low Church " — Puseyism—Burnt District Law in St. John — Petition for a Prohibitory Liquor Law — Judges' Fees—Sir Edmund Head's interference — Minute of Council — Judges' Letters of Protest to the Colonial Secretary — The right of the British Government to interfere in local matters, denied—Judge Street severe upon the House —* “ What is Responsible Government? "—The Attorney General's defence of the Judges — The Government divided upon funda¬ mental principles—Anomalous state of Politics . The Legislature was called together on the 7th January.. In consequence of the resignation of his seat for St. John, by Mr. Simonds, a new Speaker had to be elected. At first there were three candidates—Messrs. Barberie, Hanington, and Crane. As the two former gentlemen held offices under the Government, many members expressed themselves adversely to the claims of either. Afterwards they both withdrew, when Mr. Crane was elected without opposition. This choice indicated the political character of the House—for Mr. Crane had always been uncompromisingly identified with the Con¬ servative party. On the 8th His Excellency delivered the opening Speech,, nearly half of which was devoted to Railroads—the “ Euro- 185ii AND OBSERVATIONS. 421 pean and North American,” and the “ Halifax and Quebec.” Allusion was made to the death of the King of Hanover, uncle to the Queen. "We were told that Her Majesty’s assent was still withheld from the European Railway Act, until cer¬ tain amendments were made by the Legislature. The gene¬ ral expression, however, was, that it was the wish of the British Government to have the Quebec scheme floated first; because there seemed to be now a dread apprehension in England that the Colonies would run into dangerous proximity to the United States, if the European line were built and not the other. His Excellency was sanguine of the beneficial results of the Quebec line, as will appear by the following ex¬ tract from the Speech:—“In my opinion, a Railroad linking “ Canada, New Brunswick, and Nova Scotia, especially in “ connection with a line to the United States, would produce “ an abundant return to this Province. I believe that your “ Province would increase very largely without imposing ad- “ ditional burthens on any one—that millions of acres now “ untrodden would supply food for man, and that millions of “ tons of timber now standing worthless in your forests would “ find a profitable market.” The Address in reply was passed without opposition— moved by Dr. Thomson, seconded by Mr. Williston. (During the recess, a gallery for the accommodation of ladies had been erected; this was the first Session, therefore, that the House were honoured by the presence of the fair sex. It was predicted that the effect would be wholesome, as it would have a tendency to keep down undignified squab¬ bles.) The House was in Session upwards of three weeks, and nothing but business of a routine or petty nature was brought forward. Innumerable despatches, from the Colonial Office, about Railroads, were submitted, but it would be a waste of space to consider these subjects at any length. Among the amendments proposed by Earl Grey, to the European and North American Railway Act, were, that the charge should be fixed for conveying Her Majesty’s Troops; and that the British Government should be at liberty to purchase of the Company, that portion of the Halifax line (when built) connecting with the European, should they think proper at 422 POLITICAL NOTES 1852 any time to do so. These amendments were agreed to by the Assembly. Another despatch contained Earl Grey’s denial of the (supposed) promise to assist in the building of the European and North American Railway, (as before men¬ tioned.) This despatch, now received officially, was a great blow to the Government—it would have been so to any Government—as it disconcerted all the anticipated benefits that were to spring from the control of such large Rail¬ road expenditures; for it was palpable to them, as well as to others, that so closely wedded were the people now to the European line, that they would have no scheme that did not fully recognize and embrace this road, and make suitable provision for it. Intelligence was received by the Provincial Secretary, that at the instance of C. W. Archibald, Esq., an Association had formed in England, headed by Messrs. Peto, Brassy, and Betts, for the purpose of constructing the European and North American Railroad, upon certain conditions to be submitted. These gentlemen were considered to be very wealthy, and the greatest Railroad Contractors in the world. They would also be willing to undertake the building of our portion of the Quebec road. They were to have an interview with Earl Grey, when the mail was about leaving England. Our pledges up to this time were £20,000 per annum for “ the European” line, and £20,000 sterling for the “ Quebec,” for twenty years—also land amounting to 2,000,000 acres for the latter, and 1,000,000 for the former. This was considered in New Brunswick strong temptation for any substantial Company to take hold, and profit largely.* The Jackson Company offered to build the New Brunswick sections of the “ European and North American,” and the “ Halifax and * The following extract of a letter, dated Jan. 9, 1852, received from Eng¬ land, and published in the Halifax Colonist, will amuse the reader who is cognizant of the actions of this great and wealthy firm , after they undertook to do the work for us, and finally broke down “ The most powerful Association ever formed for purposes connected with North America, has just been organized under the name of the British American Railway Association, including Mr. Jackson, M. P., Mr. Peto, M. P., Messrs. Brassey, Betts, and others, whose names are a sufficient guar¬ antee for all they undertake; they offer to construct on their own account and risk, both New Brunswick lines, and, if necessary, the Nova Scotia and Canadian sections of the Halifax and Quebec line. “ The proposal will be immediately submitted to the Imperial Govern¬ ment, and an outline goes by this mail to New Brunswick.” 1852 AND OBSERVATIONS. • 428 Quebec ” Railroads, upon the Province granting them a sub¬ sidy of £30,000 a year for twenty years, and 4,000,000 acres of Crown Lands. 23rd.—A Bill was laid before the House, for imposing a tax on all tracts of land over 500 acres in extent, where there were but five acres cleared of every hundred. When a less proportion was cleared, the surplus was to be liable for the tax. Provision was also made for the assessment, collection, and appropriation of this tax. The subject was debated for some time; and although a large majority was in favour of the principle, it was finally agreed to “ report progress,” and not come to a decision at the present time. Quite a “ high” and “ low” Church discussion took place on the presentation of a petition from Miramichi, praying for a remission of duty on stained glass windows, which had been imported from England for a new Church. Some lion, gen¬ tlemen, whose taste for the ornamentation of ecclesiastical architecture was rather of an antique, or aboriginal type, pro¬ nounced stained windows in Churches as great pieces of folly. If this was not Puseyism, in its broadest sense, then a certain hon. gentleman would confess that he did not understand what Puseyism really meant. The Attorney General, how¬ ever, stood up for the Church, as he had always done, when¬ ever assailed by “ her enemies from without.” He thought that the opinions of those who favoured stained glass, were as much to be respected as those who saw everything dis¬ torted that a Churchman might offer for the consideration of the House. A similar discussion took place at a subsequent day,* when a Bill was committed, to erect a Parish for Eccle¬ siastical purposes in St. John, to be called the Parish of St. James. Some members contended that the Church of Eng¬ land was “by Law established” in Hew Brunswick—while others denied the right of the Church to any such recogni¬ tion. The vagaries of, and singular doctrines propounded members, are not worth repeating here nor is it neces¬ sary to state that the profundity of Theological lore, the recondite and learned disquisitions upon Holy Writ, exhibited on such occasions, were not of that exalted order which one * For the information of Churchmen, they will find the debate which occurred on the 22nd January, reported in the newspapers of that week. 424 POLITICAL NOTES 1852 might naturally expect to find in an Ecclesiastical Court, or in a Convocation of Divines, assembled for the settlement of doctrinal difficulties. The Act passed at the previous Session, for the abolition of the Judges’ fees, was sent to England for the Royal assent. At the same time His Excellency transmitted letters to the Colonial Secretary, written by the Chief Justice, and Judges Street and Wilmot, protesting against the measure. Copies of these letters, with other State documents, were now laid before the House. The following is an extract from Chief Justice Carter’s letter :— “ The present measure, if assented to by Her Majesty, would bear with peculiar hardship upon me. Your Lordship is aware that I lately accepted the office of Chief Justice at the reduced salary of £700 currency, being £50 less than the salary I was receiving as a Puisne Judge, and nearly £400 a year less than that of my predecessor, by which arrangement an annual saving of £150 was effected in the Civil List on the reduced scale of salaries. “ The salary of £700, which I now receive, was established by an Act of Assembly which passed in 1849, which gives that salary irrespective of fees, an arrangement which was urged in the debates of that time as preferable to a higher salary proposed, inasmuch as the requisite amounts would be made up by fees., varying with the amount of business and labour. It oan hardly be contended that an income of £800 currency (which the proposed commutation would give me) is exorbitant for an office of so much trust and importance. “ I must, therefore, confidently rely on Your Lordship’s consideration and protection, and trust that Her Majesty may not be advised to give her assent to any measure for depriving the Judges of their accustomed fees, without some certain provision for the compensation proposed by His Excellency the Lieutenant Governor, and sanctioned by Your Lordship, to which we offer our ready assent.” The letter of Judge Wilmot sets forth—“ The Legisla- “ ture of this Province having, at its last Session, passed an “ Act with a suspending clause, to abolish the fees at present “ received by the Judges of the Supreme Court, without “ making any provision in lieu thereof, I have the honour to “ inform Your Lordship that such a measure, if sanctioned, “ will cause a very considerable diminution from my present “ income, to which I cannot give my consent. I am willing, “ however, to accept the commuted allowance proposed by 1852 AND OBSERVATIONS. 425 “ His Excellency Sir Edmund Head, and approved of in “ Your Lordship’s despatch of the 25th November last.” Judge Street’s letter was quite lengthy. He argued the case out with the earnestness of a Lawyer, and did not omit a single plea that could possibly assist the cause of the Judges. Another of the public documents sent down was a copy of a Memorandum of Council, in reference to the appointment of a Puisne Judge, (as noticed in a previous Chapter,) contrary to the advice of the Executive Council, and is as follows :— “ The Executive Council, in Committee, having had under consideration the recent provisional appointment of the Hon. L. A. Wilmot, to the office of Puisne Judge in this Province, deem it their imperative duty to bring under the considera¬ tion of the Secretary of State for the Colonies, their opinion of the unusual mode of this appointment. “ The Council are willing to admit that the Minute of Council of the 21st October last, on the subject of the Chief Justice’s resignation, might be considered as a virtual recom¬ mendation of the then senior Puisne Judge of the Supreme Court to the office of Chief Justice; but with regard to the appointment of Mr. "Wilmot to a seat on the Bench, by the direction and authority of the Secretary of State, even pro¬ visionally, without the previous advice or recommendation of any responsible Executive Council within the Province the Committee cannot but consider it as at variance with those principles of Responsible Government, understood to be now in force in this Province. “ The Committee respectfully request, that IIis Excellency the Lieutenant Governor will be pleased to forward this Minute of Council to the Right Honorable the Secretary of State for the Colonies. _ (Signed) E. B. Chandler, E. Partelow, W.- B. Kinnear, R. L. Hazen.” G. S. Hill, The following are extracts from Sir Edmund Head’s letters to Earl Grey, advising the appointments : (Extract from Despatch No. 68, Nov. 5, 1850.) “ The conclusions, therefore, at which I arrive, are—If Your Lordship determines that the full number of Judges ouo-ht to be appointed on the occurrence of a vacany, then— 1. That the Chief Justiceship should be given to Judge Carter, and as the appointment is by warrant under the sign manual, that the warrant should be sent out at once. 2. That I should be directed to offer the Puisne Judgeship, 54 42tt POLITICAL NOTES 1852 vacated by Judge Carter, to the Hon. L. A. Wilmot, or if refused by him, to the Hon. W. B. Kin near; and that I should appoint, provisionally, whichever of these two gentle¬ men may accept the office.” (■Extract from Despatch of Jan, 10 , 1851 .) “ With regard to the memorandum of the four members of the Council, I know that I may assure them, that neither I nor Your Lordship have the least wish to pass them by in making appointments in the Colony, but that such an appa¬ rent course in this instance is entirely attributable to two eauses— 1. That when the subject was formally brought before them, they did not give full or complete expression to their wishes in the matter, so as to enable Your Lordship to act on them at once. 2. That whatever doubt might arise with reference to the Chief Justiceship, no person could doubt their acquiescence in the propriety of offering a Puisne Judgeship to one with whom they were actually serving as their own colleague, in the capacity of Attorney General—nor do I now understand them to object to the appointment, but to the manner in which it is made.” Here was a matter involving a principle even more vital than that which caused a former Government to resign, [when Mr. Iteade was appointed Provincial Secretary,] and of which some of the present gentlemen were members. Had they been conscientious that another Judge was not required, and threw up their places and gone into opposition, as on the former occasion, when the Governor disregarded their coun¬ sel, and acted as he pleased, the country, no doubt, would have stood by them, and His Excellency would have been put hors de combat. A mere formal protest established no principle. The Governor was triumphant. A Bill was submitted and carried without much opposition, for amending the Law relating to the Burnt District in St. John. The Law, as it stood, limited a certain district in the most business part of the City, to the erection of wooden buildings, in height not exceeding one story. The object of this very necessary Law, was to render this part of the City as fire-proof as possible, by compelling persons to erect brick or stone buildings. In all growing Cities such Laws are common—indeed the limited districts in some embrace all 1852 AND OBSERVATIONS. 427 the principal parts of a City. The members of the City and County of St. John having been operated upon by their con¬ stituents, or perhaps only by those who felt the inconvenience of the Law, and were not able to erect any other than build¬ ings of wood, agreed to amend the Bill so as to enable wooden buildings to be put up to the height of 27 feet post,* which, if the writer mistakes not, is the present Law. 30th.—Mr. Scoullar presented a monster petition, signed by 9,000 persons, praying for a Prohibitory Liquor Law Bill, which was received, and ordered to be printed for the infor¬ mation of members. On motion of Mr. Botsford, the House went into Com¬ mittee on a Bill to abolish the fees of Judges of the Supreme Court, when quite a lengthy and animated discussion fol¬ lowed, not exactly of a party character, but rather in regard to matters involving points of the highest consideration, in which hon. members possessing the amor patrice to any con¬ siderable extent, spoke as if they felt that the principles at stake demanded an unqualified expression of opinion upon Colonial Office dictation. Other gentlemen, without reference to their local politics or prejudices, and imbued with no less patriotism, took sides with the English Government, or rather with the Judges, whose interests were assailed, f A Bill of a similar nature had been before the House in 1850, and passed by a large majority; but in consequence of its being late in the Session, the Legislative Council had not time to take action upon it. In 1851 another Bill passed both branches, and was sent home for approval; and the despatches now before the House, in reference thereto, signified Her Majesty’s dissent. It was contended by the friends of the Bill, that it was no vio¬ lation of the Civil List Compact to deal with these fees—for the settlement in 1837 could only be considered as having reference to fixed salaries. The House of Assembly, it was alleged, had always made the question of fees separate from that of salaries. The Judges, on the other hand, had always argued that their fees were virtually as much a part of their salary as if they had been guaranteed—inasmuch as the fees * This Bill was thrown out by the Council, but it must have come up again afterwards, and passed into Law, t See official debates of the Assembly, by George Blatch, Esq., for 1852— page 72. 428 POLITICAL NOTES 1852 were taken into consideration when the Civil List question was settled. It was contended that since the Legislature, in 1849, had undertaken, and succeeded in reducing the salary of the Chief Justice to £700, and that of the Puisne Judges to £600—to operate prospectively—the Legislature had as much right in 1852 to deal with the fees, even if they were estimated as part of the salary. Hay, more, Judge Parker was appointed to the Bench in 1834, two years previous to the passing of the Civil List Act, and yet the House had the right to deal with that gentleman's salary. It was further remarked, that while the other Judges addressed the Colonial Minister, in opposition to the Bill of last year, for reducing the fees, Judge Parker stood aloof, and would not countenance the obstructive policy of his brother Judges. For this reason, more than one of the supporters of the present Bill, were willing to allow Judge Parker's salary to remain undisturbed.* (In regard to this point, when the Attorney General after¬ wards got up to reply, he read a private letter from Judge Parker, (of which he was authorized, if he thought proper, to make public use,) complaining as earnestly as did the other Judges, against the attempt to disturb their fees ; and if he did not deem it necessary to address the Colonial Secretary r as his coadjutors had done, he nevertheless felt as strongly as they did in the case.) It was remarked that Judge Street was appointed to the Bench in 1845, and that gentleman understood beforehand the sentiments of a former Colonial Secretary, in regard to the rights of the Legislature to deal with all local matters; and it was conceded that the Legis¬ lature were the best judges as to the amount of salaries that should be paid to Colonial Officials. And therefore, it was asked, what right had Judge Street to a salary of £750,f when he knew the language of the former despatch, on his accept¬ ance of office ? The Chief Justice, (Carter,) it was remarked, accepted his present office at a reduced salary, having received a larger amount as a Puisne Judge; and if the Legislature con¬ sidered that the reduced circumstances of the country justi- * Rather a curious principle of justice this—if the principle was wrong to allow the Judges’ fees, it would have been a violation of principle to favour one more than another, especially upon so flimsy a pretext. If it were right that one Judge should not be touched, it would have been better not to have touched any. t This amount, it is presumed, includes fees. 1852 AND OBSERVATIONS. 429 tied them in abolishing those fees, the Judges had no right to stand upon what they conceived to be their just dues. With regard to the legality of taking those fees, it was not so much a matter of question, as it was the justice of the claims upon the fees. It was always supposed, that where fees were exacted by any class of officials, it was on the ground of ser¬ vices rendered. In the present case, however, it was re¬ marked, that there was no foundation whatever to justify the demands of the Judges. Then, again, exception was taken, as regarded the mode of collecting the fees. The Attorney must in every case pay them to the Clerk, whether he after¬ ward got the amount from his client or not, which, failing to pay, his business was stopped; he could not file a single paper in Court, or take one step in a cause, until he had thus qualified himself. Therefore, it was argued, the unjust levy¬ ing of those fees was a grievous imposition upon Attorneys, and a remedy was absolutely needed. Again it was remarked, that the Judges had no right to consider their salaries and fees as a settled obligation, as two things inseparable; and in support of this view, it was urged that in 1850, when Mr. Attorney General Wilmot brought in his Bill to reduce the salaries of the Judges, that gentleman supported the very Bill which made the fees a separate and distinct matter— which fact alone was enough to negative the argument that the fees and salaries belonged to the same category. The next question was, as to the right of the Colonial Secretary to override the proceedings of the Legislature in a matter purely local. It was denied that “ Lord Grey, or any “ other Lord on the other side of the water, had any right 11 whatever to interfere with the local affairs of the people, “ who were taxed to raise and swell the revenues of the coun- “ try.” Then the glories of Magna Charter were descanted upon ; and the cause of the American Revolution and sepa¬ ration from the mother country, were loudly talked of. Earl Grey, in a former year, concurred in opinion with Sir Edmund Head, that it would be better to add £300 a year to the stated salaries received by the Judges, in commutation of all fees, (to take effect prospectively,) and thus set this vexed question at rest. But exception was taken, (in the present discussion,) to that part of his Lordship’s remarks wherein ’' '■ 430 POLITICAL NOTES 1852 he intimated, that even this change would have to be with the concurrence of the Judges—thus rendering the opinions of the Legislature and the country subservient to the opinions of the Judges. It was owing to the protest of the Judges, (as before alluded to,) which led to the defeat of the measure of last year; so that the Lieutenant Governor, the Judges, and the Colonial Secretary, it was alleged, had now all the power in their own hands for taxing the people, to the extent complained of, whether the people, with all their self- government, wished it or no. The letters of the Judges were next considered. As the letter of Judge Street was the most irate, and contained several severe imputations upon the House of Assembly, his Honor came in for a double share of attention; while Judge Parker, who had written nothing by the same mail, but, as before shewn, was equally discontented, was commended as the “just Judge”—and therefore received the utmost deference from all the speakers. “ If those three Judges had fairly and honestly stated the “ facts, it might have been all very well. But in the Upper “ House the point was distinctly taken, in the presence of “ the Judges themselves, that those fees were illegal; and “ why was not that point put fairly and manfully before Earl “ Grey ? But not one word on the subject was brought for- “ ward by the Judges; they had merely treated the whole as “ a question of salary ; and that was where they had acted “ unfairly.” Thus spoke one of the members. Matters had now assumed such a complicated shape, that it was remarked the hand of responsibility could be placed no where. If hon. members asked the Executive Council who were responsible for any thing contained in despatches laid before the House, they were referred to Earl Grey; and when they went to Earl Grey, His Lordship referred them to somebody else. The object in wishiug to have the present Bill passed was, to test the principle, and settle it beyond cavil—to ask His Excellency’s assent, without a “ suspending clause”—and for the country to take time and deliberate upon it; and if satisfied with its spirit, the Law to take effect after a certain date. If on the other hand, assent to the Bill should be withheld after passing the two • branches of the Legislature, then the Legislature and the 1852 AND OBSERVATIONS. 431 country would know to a certainty upon whom to fix the responsibility. The arguments of the Attorney General (Street) in oppo¬ sition, were quite exhaustive. Ho Judge that day could have had a better advocate on the floors of the House. He read the letter addressed to him by Judge Parker, from which the following quotation is made :—“ Having received my office “ in 1834, long before the compact made with the Provincial “ Assembly, by which the Civil List was established on a sur- “ render of the Crown revenues, the emoluments of which “ office were at that time assented to, and subsequently con- “ firmed by repeated recognitions ; (and they were in my case “ not only a remuneration for my judicial services, but also a “ reward for long and valuable services as a Crown Lawyer, “ for which I confessedly received a most inadequate com- “ pensation at the time, looking to succession to the bench “ as the main inducement to continue them ;) I believe it to u be impossible for Her Majesty to assent to any measure “ affecting my judicial income without my consent. * * “ I mention these particulars, not because I deem it neces- “ sary to do so for the information of the Government, but “ because I think many members of the Assembly are not “ quite aware of the injustice which may be done, by sweep- “ ing measures of the sort now complained of, made without “ proper enquiry as to their effect on individual cases.” As to the legality, or illegality, of the Judges accepting those fees, it would not do to allow any imputation against their conduct to go abroad uncontradicted. They had been receiving the fees under the “ Ordinance Fee Table,” ever since the settlement of the Province—precisely according to the same regulations under which every Attorney in the country had received his emoluments. But this was not the place to bring such a matter up, or to set it right if it were wrong. It was the duty of those who thought the Judges were not acting rightly, .to have laid the matter before Her Majesty's Government—that is, by impeaching the Judges, if their conduct was considered illegal. But this proceeding was only a part of the annual offering of those who were continually inventing, or on the look out for grievances. At all events, not one cent of those fees 432 POLITICAL NOTES 1852 ever went into the revenues of the Province ; nor did the fees come out of the revenues, but were collected from suitors—those who went to law and knew before hand that they would be subject to the costs, whatever shape they might assume. This Bill, therefore, was of no consequence to any class of tax payers, excepting litigants. Had the question been for commuting the fees of the Judges, it would then have concerned the interests of the public generally. In 1849 the Government came down with a measure (as previously referred to) with a view to the reduction of the salaries of future Judges, but not to interfere with the then incumbents, and how could it be presumed that the present Government would decide now in opposition to the decision then come to? Besides, it was contended, that under for¬ mer proceedings the scale of salaries would require to be so adjusted, that the successors of the present Judges should either have a fixed salary without fees, or a more certain scale with fees. This was the principle upon which the Act of 1849 had been sustained—and so the question was con¬ sidered settled, having received the Royal assent—and thus it stood up to the present moment. Each year since 1849, an attempt had been made to disturb the old arrangement; and it was said for the purpose of keeping the subject open, and the country in a state of turmoil. Earl Grey, it was said, had done right in withholding his assent to the Bill, for a similar object, passed in 1851—inasmuch as when the Judges’ salaries had been fixed in 1849, it was understood to be a final settlement of the question. Now the object was to contravene the spirit of that Act by dealing with the present incumbents. It was unfair to be bringing the Judges before the Legislature of the country every year and descant¬ ing upon their salaries and their conduct. Certainly such proceedings were not compatible with a sound discretion. With respect to the conduct of the Judges in writing letters to England, it was contended that any man had the right to address the Colonial Secretary, if he felt himself aggrieved, and saw there was a disposition to infringe upon his privileges; and as such documents must be sent through the Lieutenant Governor, it was unfair to assume that His Excellency encouraged the proceeding in any way. It was 1852 AND OBSERVATIONS. 433 further said that the effect of the Bill, if it passed into law, would be to reduce the salaries or incomes of the Judges to a very considerable amount; it would reduce them about <£150 per annum below what was considered right and proper in 1849. If the House attempted to reduce the salaries of persons, appointed by the Home Government, and depen¬ dent on such appointment, it was only right that they should have an opportunity of being heard, and of giving the reasons why and wherefore they opposed such reduction. It was therefore unfair for the Assembly to condemn the action of the Judges, because these gentlemen sought to protect them¬ selves. The Colonial Minister, it was said, had a right to advise the Queen to give or withhold her assent to any measure that emanated from the Legislature; and in exercis¬ ing the prerogative, the Queen’s Government would always see that injustice was not done to private individuals for the sake of appeasing public clamour. That Assembly might say, if they liked, that future Judges should receive only £300 per annum, and the Colonial Minister might, if he thought proper, assent to such an Act, without committing a breach of faith; because it would then be optional with any person to take the office upon an understood salary. But when a person consented to take an office of such high res¬ ponsibility and importance, and to give up his professional resources under the guarantee of receiving a certain settled income, the Legislature could not, with any good faith or honour, turn round afterwards and say, that they would reduce the salaries of such persons as much as they might think proper. On the same principle that they could reduce those salaries at all, they might continue to reduce them every year; and thus deprive the Judges of all certainty of any adequate income. The above are the points of the arguments used —pro and con . If the reader had the whole published debate before him—about a dozen columns in length—it is not probable he would make more out of it than is conveyed in the fore¬ going brief narrative. Progress was reported. The Bill was again taken up at a later day, when pretty much the same arguments were used on both sides—and on the 20th the House divided as follows :— 55 434 POLITICAL NOTE& 1852 Yeas —The Speaker, Messrs. Partelow, Gray, Hatheway, Stiles, J. M. Johnson, Harding, Botsford, Earle, Gilbert, Porter, English, Rice, M‘Phelim, Thomson, Ryan, Taylor, Godard, Gordon, Williston, Chapman, Scoullar, Read, Han- ington, Macpherson, Lewis, Fitzgerald, Needham—28. Nays —Attorney General, Messrs. Montgomery, Robinson* and Johnston—4. On the 3rd March the Council threw out the Bill. Here was an anomalous state of things. Instead of the Government being united to a man upon a measure involv¬ ing most grave principles—a contest, as it were, between the Colonial Secretary and the House of Assembly—they were divided. The Attorney General supported the course of the Judges and their rights, and justified the Colonial Minister—while the Provincial Secretary and Mr. Gray con¬ tended on the other side. The writer, however, always maintained that Responsible Government was not fully estab¬ lished in New Brunswick until Party Government came into* operation in 1855, 1852 AND OBSERVATIONS. 435 CHAPTER XXXIII. •Quebec Bailway discussion in the Council—Hon. Mr. Chandler the exponent—The Government Scheme — Mr. Street’s Con¬ stituents—Address to Mr. Street to resign his Seat—Answer ■declining compliance—Discussion on a School Bill—Members accuse one another of wasting time—Intoxicating Liquors _ Reciprocity with the United States— Proroaation of the Legis¬ lature— Opinions of the Press—Matters during the Recess — Railway Delegation to England — Treatment of the Delegates by the Colonial Secretary — Hon. Mr. Hincks’ sharp letter to the Colonial Secretary—The Quebec Scheme once more collapses— Mr. Chandler entertains Propositions from Jackson if Co. — Submitted to the Railway Company in St. John—Accepted by Company and Government—Great Railway rejoicings — Salutes fired in honour—Special Session for Railway purposes called—Lasts for eight days. All the Railway lines in the Province up to this time, were in a state of embryo. Every member had his own favourite crotchet ready to bring up the moment an oppor¬ tunity presented itself—and each of these railway crotchets was promised by its advocates to be “ the best paying line in the world.” The mania had also reached the Council Chamber. On the 16th February the subject of the Halifax and Quebec Railway broke out afresh in this branch of the Legislature. Hon. Mr. Chandler was now looked upon as the Railway exponent in the Council—the oracle in whom the views of the British Government, the Archibald Com¬ pany, the Canadian and Nova Scotian propositions, found an expounder. The hon. gentleman, in his speech (on the 436 POLITICAL NOTES' 1852 16th,) recounted the past proceedings of the Government; the reasons for agreeing to the Toronto arrangement; the anxiety and determination of the Government to assist and maintain the Portland line. He declared his belief that Earl Grey meant to advance the money for both; shewed how the present arrangement would complete that line so far; the responsibility now rested on New Brunswick; argued that the liability would be but little more than what the Province was pledged to already for these lines; shewed the Northern members that the present scheme was not the choice of the Government, but was inevitable ; appealed to their patriotism ; asked how, if before they consented that the Province should undertake 400 miles, they could now refuse to undertake 270 ? If they were really desirous to get a road for the North, the best thing was to aid this; explained why Mr. Archibald's proposals could not be accepted; the Company asked what would amount to <£100,000 per annum, and mails to be paid for. The interest on the money required by the Government scheme would be £56,000; the mail con¬ tracts £18,000 ; from this no sinking fund was contemplated for ten years; no direct taxation; the tariff was sufficient; the revenue would increase, and if not sufficient, the deficiency would be made up by tariff only; the country was satisfied that railroads were essential to its advancement, and was determined to have them; when the present scheme was ex¬ plained it was declared to be the best that could be adopted; said if the present House would not accept it another would. The Government had determined upon this policy, and would stand or fall by it. It will be seen hereafter that this position assumed by the Government, led to a split between the Attorney General and his constituents in Northumberland—the circumstances of which, when they come to be explained, will, perhaps, afford the reader some little amusement. February 18th.—The Attorney General introduced the Government Railway Resolutions, which favoured the build¬ ing of the Intercolonial Railroad conjointly by the three Provinces, agreeably to the terms of the Convention, (as alluded to in Mr. Chandler's speech,) “ as being the only line on the joint account of the three Provinces now left for construction-”* The subject was brought up at a subse¬ quent day and discussed ; but it is presumed that enough has already been given in Mr. Chandler’s remarks to answer every purpose. The opposition (or rather what there was at this time of an opposition) taunted the Government with timidity in not grappling with the subject at once. The resolutions were submitted as feelers—if they found members averse after the resolutions had been laid on the table for a few days, the Government could trim their sails to suit the wind. This charge was as stoutly denied by the Government. They said they were sincere and determined in their policy, what¬ ever might be the result. The debate was followed up from day to day—indeed enough was said upon the subject to have answered for all the Railway measures ever projected. The Government finally carried their measure by a large majority. In consequence of the railway conduct of the Attorney General, (he being a member of the Government,) his con¬ stituents addressed to him the following Requisition :— Miramichi , March 9th , 1852. Hon. John A. Street, Sir, —We, the undersigned, disapproving of the action taken by you on Railway Matters, such being fraught with incalculable evils to your constituency, and to this section of the Province, beg you will resign the trust placed in your hands forthwith, as representative of this County. This document was signed by John M. Johnsou, Richard Hutchison, and one hundred and eighteen others. A public meeting was called in Miramichi denunciatory of the Rail- way measure, and for the purpose of addressing Her Majesty to withhold her asseut—and also to address another letter to Mr. Street, asking him to resign his seat. The utmost » This measure was the result of several conventions of delegates—first at Toronto, then at Halifax, and finally in this Province—the Canadians having made an overland journey hither in the dead of winter. It was agreed that the Intercolonial Koad should be built through the Valley of the St. John—which was a sort of compromise between the three Provinces— and that all our energies should be directed to this one grand effort. Hence, the opposition of the North to the scheme. A remarkable fact in connection with this affair is that while Mr. Johnson was hostile to the measure as rn^ous to the interests of his constituents, his colleague, Mr. Street, was as decidedly*agldnstthetaterests of his constituents, if Mr. J. was right. One or the othp? must have been a mis-representative on this occasion. 438 POLITICAL NOTES 1852 unanimity marked the proceedings; all party differences were merged in the one topic, viz : the Railway and the At¬ torney General—opposition to both. A second Requisition was accordingly drawn up, and a large number of signatures were attached to it. The following was Mr. Street’s reply : To John M. Johnson, Alexander Loudon, John Mackie, and Andrew Mason, Esquires, the Committee appointed at a meeting held in Chatham, in the County of Northumber¬ land, to get up and procure signatures to a requisition to Mr. Street, to resign his seat in the Legislature of New Brunswick. Gentlemen,—I beg to acknowledge the receipt of your letter of 10th inst., accompanied by a requisition numerously signed “ disapproving of the course pursued by me, and re¬ quiring me to resign my seat in the Legislature, from believ¬ ing (as the requisition expresses it) my feelings to be adverse and my acts most prejudicial, to the interests of the County, in accordance (as is therein most incorrectly alleged! with mv pledges to that effect.” ^ Now as no specific acts or grounds are set forth in this document, upon which “ your disapproval ” and expressed belief, are founded, Z can only presume, especially from observing that it is signed by many, if not most of those, who signed the former requisition, that it has reference to the same grounds, viz., to my vote and conduct on the Rail¬ way question. Z have therefore only to say it is to be regret- ted that you should have put yourselves to so much trouble and expense in getting up this second requisition, inasmuch as Z have but to refer you to my reply to the former requisition published in the Gleaner under date of 22nd ult., in the Head Quarters of the 17th ult., and in sundry other News¬ papers in the Province, as my answer to the present most extraordinary and unjustifiable document, got up by a Com¬ mittee, appointed at a meeting in Chatham for the express purpose, and of procuring signatures thereto, how and by what means you best know. J Z address my reply to you as the Committee appointed to get this requisition up, and through whom Z received it. Z have the honor to be, Gentlemen, Your very obedient servant, _ J. A. Street. Fredericton, 14th April, 1852. This declaration was criticised with severity by Mr. Street’s opponents, while it afforded infinite satisfaction to his friends. It was so characteristic of that gentleman, in matters political. 3852 AND OBSERVATIONS. 439 that no one was astonished at the attitude he assumed. He seemed to have inherited his ideas (as to how much, or how little, deference was due to public opinion) from Charles James Fox, the British Statesman in the last century. In the course of a very able speech, on an occasion when he had a large majority with him in the House of Commons, but opposed by the people, Mr. Fox said,* that he disregarded the opinions of the people, no man could imagine; it had been the business of his life to court popularity; but there were circumstances in which the people might err , and under such circumstances it became fin act of duty to resist them . The voice of the people, he said, ought to meet with attention, though it did not always equally claim obedience ; as persons who had a will of their own might be allowed to exercise that will, even to a certain degree of injury to themselves, but not to their destruction. In the present case, he said, the people were deceived, they were causing their own ruin, and there¬ fore their madness ought to be opposed. This was Mr. Street’s case precisely. A crisis had arrived. He must either desert the Government, or resist what he con¬ ceived, and pronounced to be, the misconceptions of his con¬ stituents. It might have seemed like a bold stand for any man to take; but then the hon. gentleman knew that he already held power, which was nine points in the case—while at the same time he was not without hope of being able, in time, to regain the confidence he had lost. If such was his conviction, he did not miscalculate his chances; for at the next general election, he was again triumphantly returned for Northumberland, his constituents having become quite obli¬ vious of the mortal offence he had given them, and for which he made no atonement. March 18th.—A Bill in amendment of the St. Andrew’s Railway Act was discussed and passed. It ordained that the Province should take Class B shares for £50,000 stock, instead of Class A, which was all taken up. The debate turned upon the third reading of the Bill, and to giving the right of Mines to the proprietors of the land. Carried 18 to 13. * “ Age of Pitt and Fox vol. 1—page 218. 440 POLITICAL NOTES 1852 An amusing discussion upon another School Bill took place on the 22nd ; but, as so much has already been said in refer¬ ence to School matters, it is not deemed advisable to notice this debate, in any other way than for the mere purpose of exhibiting a specimen of the style of the House, when, once in a while, hon. members took it into their heads to talk fast and freely, upon subjects that did not happen to fall within their intellectual grasp; or rather it should be said, subjects that required more attention than some hon. gentlemen were prepared to give to them. One proposition was, that a fee of 2s. 6d. should be given to persons examining the schools. Then there was much learned talk about Algebra, Book¬ keeping, Geography, and Yocal Music. Several sections of the Bill were carried without material alteration. Then the reconsideration of the fifth section was proposed, and the decision arrived at the day before, after five hours’ debate, was upset. Messrs. Johnson, Barberie, Thomson, Williston, and English, opposed it. Messrs. Street, Needham, the Speaker, and others, supported this movement. Mr. Need¬ ham said local Inspectors were a nuisance without a Super¬ intendent. Several sums were moved as the salary. Mr. Wilmot charged the House with wasting the time of the country, and being incompetent to discharge their duties. He charged Johnson, as Partelow did before, with wasting time, cavilling, &c. Mr. Johnson said the Government made these charges, but it was not because he took time, but because he opposed Government measures. He cared as little for the wrath of the Surveyor General as the members of the Government did for the opinion of the country. Mr. Han- ington said if the House was incompetent, the Government should dissolve the House; he explained that the delay was owing to the fact that the mornings were spent on Com¬ mittees. Mr. Eyan said the reason of the delays was, that the Government endeavoured to cram measures down their throats which were not approved by the House. Were they to swal¬ low down a measure, head and feathers, and all because the Government spent time in preparing it ? They now forced on the reconsideration of a section that had been decided yes¬ terday. The Attorney General replied. The Speaker depre¬ cated the whole proceeding. Mr. Taylor said the course 1852 AND OBSERVATIONS. 441 hon. members pursued was enough to set men crazy. Mr. Ryan retorted, saying the Speaker should take the rules laid down for his own guidance, and that the first attack came from the Surveyor General. Mr. Scoullar rose to order, asking if the House should be occupied in that way. Mr. Wilmot denied that he wished to apply what he had said to any particular persons, but that some hon. members did waste time. The confusion was almost indescribable. Pro¬ gress was at length reported. On the 26th, a Bill prohibiting the sale of Intoxicating Liquors, other than by Agents appointed to retail them for medicinal purposes, was up for discussion, and finally passed; but as the Law resulted in little better than a failure in its working, a reference to the points of the discussion is hardly requisite. April 2nd.—In reply to Mr. Montgomery, relative to Reci¬ procity, and the Bill for that object before Congress, the Attorney General said, that the Government of this Pro¬ vince bad not lost sight of this important subject—corres¬ pondence between His Excellency the Lieutenant Gov¬ ernor and the Governor General had been going on during the winter; and the moment the rumour of a Bill, to effect reciprocal trade with Canada, was before Congress, reached ✓ this place, a communication with the Governor General had been made, urging the interests of New Brunswick. The Government of this Province had no power of holding offi¬ cial communication with the authorities at Washington ; this could only be done through the Governor General, or the British Government; and also these negotiations for reci¬ procal trade by the Lower Provinces, would have to be based upon very different principles from those of Canada, as the concessions from the Lower Provinces to the Americans, to effect this object, were widely different from those offered by Canada, and must not only be consented to by the Mari¬ time Provinces, but by the British Government, which alone might make distinct Bills necessary in Congress. The Gov¬ ernment, however, had no official information of any Bill upon the subject being yet introduced into Congress. 6th.—Among other resolutions passed on this day, was one for addressing the Lieutenant Governor, requesting him to 56 442- political NOTES 1852 make the Colonial Secretary acquainted with the resolution of the House of the previous year, for fixing the salary of the Lieutenant Governor at £1,500. On the 7th April the Legislature was prorogued. In his Speech His Excellency alluded to the passage of the Interco¬ lonial Railway Bills—expressed a belief that practical results would follow—and that the measure would give general satis¬ faction. He next alluded to the passing of the School Bill, and referred with satisfaction to the provision for inspection and superintendence, as a vast improvement over the old system. Allusion was made to the Bill authorizing the appointment of a Commission, “ for reporting on the amendment and con¬ solidating of the Laws”—and finally, His Excellency, in a rather sinister way, bade both branches a “ hearty farewell /”' OPINIONS OF THE NEWSPAPERS. The following is the summing up of the labours of the Session, by the St. John Courier, of 10th April—a paper whose opinions were never hastily expressed—that was looked up to by all parties as a staid, sober, and solid Jour¬ nal :— “ The Session of the Legislature was brought to a close on Wednesday last, after a sitting of precisely three months. We only give expression to what we believe to be the almost universal opinion, when we state that the present maybe considered the most extravagant and incompetent House that ever sat in New Brunswick. What was last Session solemnly declared to be unwise, impolitic, and impossible,, is as confidently undertaken and accomplished this year, as far as legislation can do it, as if a new generation had in the meantime come and gone. An array of claims which had been hooted out, Session after Session, had, in this, the year of jubilee, only to be plausibly presented to be granted.” The Miramichi Gleaner , another unobtrusive (politically) Journal, thus reviewed the proceedings :— “We received information by Telegraph on Wednesday last, that His Excellency the Lieutenant Governor had that day prorogued the Legislature. We are glad that it is so, for their deliberations reflect no credit on us as a Province, and a review of their proceedings confirms us in the opinion we formed some weeks since, that this was one of the most extravagant Sessions the history of the Province records, 1862 AND OBSERVATIONS. 44S with, we believe, but one exception. A season of improved trade, and a prosperous revenue, seems to be the signal for all kinds of application for Provincial aid ; and it is our misfortune to have men as representatives who possess much less of that “high and honorable feeling ,, which should characterize statesmen, than the low ambition which prompts them to seek a large share of the Bye Road money, or spe¬ cial grants, no matter how pernicious the principle may be in theory, or dishonest in practice. The revenue of the last year (1851) showed a considerable increase, and of course such a favourable opportunity could not be allowed to pass by the members, of serving at once their constituents and themselves. Under such circumstances, the talents of our Government shone conspicuous. With the Government no measure was initiated which did not afford them the means of strengthening their position, by placing at their disposal money and patronage . The Railway Bills—the School Bill— and the Law Commission Bill—are the offspring of the Ses¬ sion, and combine in themselves a greater amount of patron¬ age than had ever been contained in the measures of any one Session in the annals of the Province. With such a Govern¬ ment these are powerful sources of corruption, and with such Representatives the temptation is too great to be resisted.” DURING THE RECESS. During the recess, Mr. Chandler on the part of New Brunswick, and Mr. Hincks on the part of Canada, pro¬ ceeded to England for the purpose of trying to obtain the guarantee of the English Government on a sum sufficient to build the Intercolonial Railroad, agreeably to the Act passed at the Session just closed. Mr. Howe was to have been the delegate from Nova Scotia, but in consequence of being obliged to run his election for Cumberland, was unable to accompany the other delegates. After remain¬ ing in England several months, the Government expressed their refusal to aid the undertaking, on the ground that as it was, or ought to be, a work of Military necessity, the route selected—the Valley of the St. John could not be assented to. Mr. Hincks became impatient on account of his detention, by the Colonial Secretary, in England, that functionary one day encouraging hopes, to be dispelled the next day. Mr. Hincks accordingly addressed to the Secre¬ tary of the Colonies the following tart letter 444 POLITICAL NOTES 1852 “ I am anxious that Her Majesty’s Government should understand most distinctly that I have not been sent to England as an humble suitor on the part of Canada for Im¬ perial aid. Canada was invited by the Imperial Govern¬ ment to aet in the great national work under consideration; and I must be permitted to say, that she has generously and practically responded to the invitation. Much time has unfortunately been lost, although not from any fault on the part of the Legislature or Government of Canada; and I therefore trust that my present final appeal to Her Majesty’s Government will not be attributed to impatience, hut to an anxious desire to promote the interests of my country. It Beems to me far from improbable that, on some ground or other, this negotiation will prove a failure. If so, it is of the very highest importance to Canada that the fact should be . known as soon as possible. I have reason to believe that I can effect arrangements on the spot with eminent capitalists to construct all the Railroads necessary for Canada with our own unaided credit. I have likewise reason to know that the European line from Halifax to the frontier of Maine can he constructed by the unaided credit of Nova Scotia and New Brunswick. * * * * * * * “ I cannot conclude this letter without expressing my deep regret that so little confidence has been manifested by Her Majesty’s Government in Mr. Chandler and myself, being, as we are, sworn confidential advisers of the Crown. I have reason to believe that at this time foreign influence is at work to prevent the accomplishment of the great national object which we have in view. I have reason to believe that Mr.-, the avowed opponent of the Colonies, is in communication with parties actuated by motives of the most anti-British character. Communications have been sent to the Colonial Office on the subject of this Railway, hostile to the views of the Governments and Legislatures of the three Provinces of Canada, Nova Scotia, and New Brunswick, sup¬ ported as these views are by the Queen’s able representatives in those Provinces. No communication of these papers, the existence of which I only know by current rumour, has been made to us. Our position has been in no way recognized by Her Majesty’s Government; and I cannot but express my conviction that such withholding of confidence has not conduced to the inter¬ ests of the Queen’s service. I have the honor to be, Sir, your most obedient servant, The Right Hon. Sir. J. Pakington, Bart. M. P., Her Majesty’s Principal Secretary of State for the Colonies, &c.” Francis Hincks, / A 1852 AND OBSERVATIONS. 445 Mr. Chandler not receiving the encouragement he had a right to expect, entertained the overtures of Jackson & Com¬ pany, which finally ripened into a contract, and was after¬ wards signed in New Brunswick. This eminent firm pro¬ mised to build all the Railroads that New Brunswick might require, upon the most “ advantageous terms.” On the return of Mr. Chandler from England, a meeting of the Rail¬ way Company was held in the Commercial Bank Parlour, (St. John,) to receive the proposition from the English Capi¬ talists, of which the hon. gentleman was the bearer. Any port in distress, is the Mariner’s hope. It was so with our people at this time. The proposition was unanimously ac¬ cepted, and Mr. Chandler promised that the Government of which he was a member, would assume the responsibility of advancing an additional <£250,000 on the credit of the Pro¬ vince, without calling an extra Session, in order that the answer might be sent to the Company by the return English Mail. Thus was the Intercolonial scheme again brought to a premature conclusion ; and the “ European” had now be¬ come all but a fait accompli. In the month of September, Mr. Jackson visited New Brunswick, and on the 29th entered into an agreement with the Government of this Province, to the following effect:— Mr. Jackson was to build from St. John to Amherst, and also from St. John to the American frontier, a distance of 214 miles, and complete the work in a stated time, for the sum of .£6,500 sterling per mile. The Province was to take stock to the extent of £1,200 per mile, and loan its bonds to the Company for £1,800 more. These bonds were to run for twenty years, and the first profits accruing to the road were to go to meet the principal and interest on the bonds. The entire length of the road, from the American to the Nova Scotia boundaries, was set down in round numbers at 214 miles_so that the interest for the money to build our por¬ tion of the road, was to be £15,000 per annum. Jackson & Co. were to find all the money. According to preconcerted arrangement, the contract was signed at 12 o’clock, noon, when at that moment the Volun¬ teer Artillery, under the command of Major Foster, fired ‘a salute from Chipman’s Hill. Great was the rejoicing 446 POLITICAL NOTES 1852 throughout the City—party differences were all hushed for the time. There was no distinction between a Liberal and a Tory—both felt lamb-like and forbearing, one towards the other. The names of Archibald and Jackson were upon every tongue. They were the Havelocks and Outrams of the hour—who had come, not only to save a City, but a whole Province. John Johnston, Esq., having been appointed Stipendiary Magistrate, his seat for the County of St. John was declared vacant; and in the month of July Mr. Jordan was returned in his place, his opponent being George G. Gilbert, Esq. A Special Session of the Legislature was called on the 21st October, for the express purpose of amending the Rail¬ way Act, and rendering it suitable to the conditions entered into between the Government and Messrs. Peto, Brassey, Jackson & Co. Both branches were all but unanimous in sup¬ port of the measure, and the Legislature was prorogued on the 29th—the shortest Session ever known in this Province. 1853 AND OBSERVATIONS. 447 ( 1853 .) CHAPTER XXXIV. Meeting of the Legislature — Governor's Speech—Fishery Bights — The Speaker continues unwell — Registration of Births , Deaths , and Marriages — Financial Statement —“ Mutilations' 7 and “ Alterations" in the Public Accounts — The Audit Office — Report of the Committee on the subject—A Militia Bill — “Royal Instructions"—Death of Mr. Speaker Crane — His successor—Attorney General's Election Bill—The Law Com - mission—Jury Bill — The Grimross Canal. On the 24th February the Legislature was called together. In the opening Speech, Ilis Excellency spoke of the very large appropriations made from year to year upon the public roads, and expressed dissatisfaction of the system then in use.* Spoke of the Law Commission that had been appointed the previous year for revising the laws, and said their first Report would be ready to lay before the House. He said a Bill was in preparation, and would be submitted, for secur¬ ing a registration of births, deaths, and marriages. “ Great complaints” (said His Excellency) “ have been made to me of the want of some such provision, and I shall be happy to see the defect remedied.”f Spoke of the probability of a Reciprocity Treaty with the United States, and the surrender of our Fishery privileges to secure the boon. Negotiations were then pending. * Now the Board of Works are accountable for all such expenditures. t Yet strange to say, however important such a measure, the Province is still without one, fourteen years after His Excellency spoke of the great necessity for it. 448 POLITICAL NOTES 1853 In the debate on the Address in answer to the Speech, members took strong grounds in opposition to yielding the Fisheries into the hands of the Americans, without a fair equivalent; a mere interchange of certain commodities could not be so regarded. Mr. Kerr moved an amendment to the tenth Section, omitting a portion, and substituting “ we cannot too strongly express our opinion, that the Fisheries are the inalienable right of the people of British North America, and should not be opened to any Foreign Nation by the Imperial Government, without the consent of this Province.”* These opinions were generally entertained by the House. Members of the Government said they had expressed themselves in strong but respectful language in their Minute to the Colonial Office, against the surrender of our Fishery privileges. The amendment was not pressed, as it was understood that an Address would be sent to the Queen, couched in the plainest language, expressive of the feelings of the people of this Province. As some equivalent for the surrender of these rights, it was argued that we were at least entitled to a Registration for our Vessels in Ameri¬ can Ports, and also the Coasting Trade of the Unfted States ; certainly for privileges equal to those conceded to the Ameri¬ cans by the English Government, through the repeal of the Navigation Laws. But our neighbours turned a deaf ear to all such entreaties. They obtained the oyster and gave to the Colonies the shell. March 7th.—The Speaker was too unwell to attend to his duties, and hon. gentlemen now commenced an active can¬ vass for a successor. Considering the Speaker’s complaint, it was thought doubtful if he would be again competent to resume his duties. Hon. John Montgomery was sworn in as a member of Her Majesty’s Government. 9th.—Hon. Attorney General introduced a Bill for estab¬ lishing a “Registry of Marriages, Baptisms, and Burials,” and spoke at considerable length in advocacy of the same. * If this was the public wish of the times, it did not last long; for, when it was discovered that Reciprocity could not be had, without our throwing the Fisheries in, the Legislature agreed to do so. Since the expiration of the Treaty, the Americans still hold possession of our Fishery Grounds, by paying 50 cents a ton for the privilege. 185S AND OBSERVATIONS. 449 •Such a record, he contended, was not only useful, but abso¬ lutely necessary, as many difficulties had arisen in new coun- tries, which in older ones had been obviated by having pro¬ per records. It would also be important in judicial pro¬ ceedings, in proving heirship, and in many other ways. The Home Government were also desirous of having such a mea¬ sure. The Clerk of the Court would keep the record pro¬ perly filed, to which easy reference, by means of an index, could be had at any time needed—and no additional fee would be claimed for such reference by the Clerk, who would be remunerated out of the County funds. Many hon. gentlemen shared in the Attorney General’s opinions. The opposition* objected to the measure, chiefly because of the expenses it would entail. After the passing of the mea¬ sure, every one having occasion would be obliged to register, and the cost to poor persons would be a grievous burden, which the supposed benefits of the Law would not counter¬ vail. The Provincial Secretary thought that mere matters of cost should not be allowed to influence members ad¬ versely, if the measure was one calculated to work as well as similar ones did in other countries. He hoped, therefore, before hastily coming to a decision, that members would take the Bill to their homes, and examine it in all its particulars. In the mean time progress could be reported, and the Bill taken up again in a calm spirit, and considered as one of weighty consequences, and demanded by the necessities of the country. A correspondent of the St. John Freeman spoke of this Bill to the following effect:— “Except the Bill for the Registration of Marriages, &c., there is as yet not a solitary Government measure before the House, though twenty days of the Session are passed, and an Election Law of some kind or other was promised on the first day of the meeting of the House. It is said to be in the Press ; that Fisher was engaged on it; that the Government wanted to feel the pulse of the House, see what the majority of members required, and ascertain how small a measure of reform they could palm off on the Legislature and the people, &c. &c. The Bill that is before the House is an utter absur¬ dity. It merely alters the mode of registration; and a registry * It was frequently styled in the newspapers of the day “Her Majesty’s Opposition! ” Why Her Majesty should be held responsible for the opposi¬ tion Her Government (Local or Imperial) meets with, the writer has never been quick enough to comprehend. 57 450- POLITICAL NOTES 1853 of Births and Deaths being almost impossible, it proposes a registry of Baptisms and Burials, which is no substitute for the other in a country where a third of the people or more are never baptised, or are only baptised at an advanced age, and where the population being so fluctuating and change¬ able, fully a tenth of those born in the country die out of it. The Bill imposes all the trouble and labour of keeping all those Registries, under penalties, on clergymen, who are not officers of the Crown, and who are to receive no remu¬ neration, while the County officers, who are only required to file and index the copies of the registries furnished semi¬ annually, are to be paid for their labour by the Sessions. The only practical effect of the Bill would be to increase the salaries of the Clerks of the Peace. Besides this, it in fact can effect little—the registration of Marriages being already provided for, and the registration of Births and Deaths being confessedly impracticable.” Progress was reported, and 100 copies of this Bill were ordered to be printed for the use of the House. 19th.—In consequence of the continued indisposition of Mr. Speaker Crane, that gentleman’s resignation was ten¬ dered to the House ; and Mr. Hanington was elected in his place—21 to 11. 22nd.—Mr. Partelow (Provincial Secretary) handed in a Financial Statement—which'showed the liabilities of the Province to be ,£156,920, and assets about £87,000. He pro¬ mised a further statement. Mr. Kerr complained of serious alterations and mutilations that had been made in the Trea¬ surer’s Accounts since first submitted—(did not say by whom made)—they appeared to be cooked up for a specific pur¬ pose ; pages were cut out and others substituted. There was a difference in consequence of £4,000 on one page, and yet the Accounts balanced. Pronounced the proceeding strange, unbusiness-like, suspicious. The Secretary denied all knowledge of the affair. Mr. Johnson thought it was done at the Audit Office. Mr. Smith thought such conduct was criminal, and should be treated as such. Every mem¬ ber had something to say in denunciation of the affair; but as the members of the Government (even up to this date, 1853) felt themselves, to a saving extent, independent of the House, (the Provincial Secretary was not yet obliged to be a member of the Government—indeed the departmental ays- 1853 AND OBSERVATIONS. 451 tern was not j T et recognized as part of the Constitution,) nothing came out of the affair, except the unprofitable grumbling which it occasioned. The subject was referred to a special Committee to investigate the matter. In a couple of weeks afterwards a Report was handed in, bearing witness to the facts of the alterations having been made, but palli¬ ating the offence, as will be seen by the “ conclusion ” of the Report, as follows :— “ While the Committee feel unjustifiable liberty has been taken, by persons in the Audit Office, with a public docu¬ ment of great importance laid before the House by com¬ mand of Ilis Excellency the Lieutenant Governor, without the knowledge or sanction of any competent authority, they are yet constrained to believe that the act was done without due consideration of its importance and its consequences, without any fraud or intention of personal or pecuniary interest. The Committtee are led to view the matter with less severity than it would otherwise deserve, in consequence of finding that previous Annual Reports on the Public Ac¬ counts have, after having been laid before the House, and reported upon by the Committee of Public Accounts, had their figures in numerous instances materially changed by the Audit Office, and the published Reports greatly differ from the Reports as they stood when audited by the Com¬ mittee. This objectionable course appears to have been pur¬ sued without any censure from the House ; in no instance, however, has the original matter of the Report been removed or obliterated, so as to prevent its original facts and figures from being understood. “ The Committee beg leave to make a further Report. J. T. Williston, B. Botsford, • Jas. A. Harding M. M‘Leod.” R. B. Cutler, Geo. Kerr, J. M. Johnson, Robert Thomson, A. J. Smith, (Signed) 24th.—On the introduction of a Militia Bill by the Attor¬ ney General, a fiery discussion followed—and it is only alluded to here for the purpose of showing the sort of spirit manifested on all occasions, whenever Imperial and 1 ro- vincial interests seemed to clash. The Bill was introduced in obedience to the 6i Royal Instructions. Mr. Johnson considered the Royal Instructions as our guide in such a matter as frivolous; in a purely local matter the people should have the right to govern themselves; and the time 452 POLITICAL NOTES 1853 was fast approaching when the people would have to take a decided stand on their own peculiar rights. Dr. Thomson said we had no right to take such power upon ourselves; and he felt pleased that the upper branch had taken a step towards counter-checking any infringement upon the Royal Instructions. Mr. Jordan ridiculed the idea of Militia men turning out empty handed. Mr. Boyd supported Dr. Thom^ son’s sentiments. Mr. Earle, as a Militia officer, was willing to dispense with all the glory attached to it, in order to do away with such a bad system ; he was now fifty years of age, and from the age of sixteen he had never seen any im¬ provement. Mr. Hatheway indignantly denied the propriety of such a system ; and he would oppose the Bill with all its responsibility. Mr. Needham said the responsibility would rest upon the Assembly, unless the suspending clause was attached to the Bill; being part of the Royal Instructions^ the only proper way of dealing with it was to address Iler Majesty. He would therefore vote for the suspending clause. Hon. Mr. Gray said there was no doubt but we had a right to manage our own affairs ; but were our National defences to be considered local ?—they were not—they were National— a member of a body must be governed by the general rules of that body. So with a Colony and an Imperial Govern¬ ment. He was willing to go as far as any hon. member on purely local matters—but where National control is the ques¬ tion, he could not attempt an interference. Mr. Smith said the question is—have we the right to regulate our own inter¬ nal affairs ? There was no question arising as to whether the Colonies were to be separated from the mother country or not. Hon. Mr. Street said the head of the Executive Government had no wish or desire to interfere with the internal regulation of our own affairs ; and he recommended that the Bill stand over until the afternoon. Mr. Botsford pressed the discussion of the Bill; he had no intention of giv¬ ing way to obsolete Royal Instructions. Hon. Mr. Street ani¬ madverted on the expression “ obsolete Royal Instructions, ,r of the hon. member from Westmorland. What did he mean by it ? Such high-sounding expressions would do very well to go abroad, but what did they mean ? Or what did he in¬ tend by them ? Mr. Botsford said the definition of the word 1853 AND OBSERVATIONS. 453 “Patriotism” is love of country—nowit appears that the Hon. Attorney General’s loyalty is across the ocean. Mr. Johnson said if there were any danger of a Colony breaking oft from the Imperial Government, it is remaining too long under the heavy finger of grievances, without timely remon¬ strance. The hon. member believed in the Government of the Colony, and in not depending too much on the Govern¬ ment of England. It will not do to remain too long pent up, until the volcano bursts forth ; there is great danger in delays, and every hon. member should speak out, and declare his sentiments fully and fairly. lion. Mr. Street said there was no disposition on the part of the British Government to interfere with, or trample on the rights of, the British Colo¬ nies —no desire to infringe upon the rights of a single indi¬ vidual. The further discussion of the Bill was postponed until the Monday following. April 1st.—The death of the late Speaker (lion. Mr. Crane) was announced ; and Mr. Botsford moved that the House should adjourn from day to day, until after the fune¬ ral. Mr. Crane’s remains were carried from Fredericton to Sackville, where the family resided. On the 4th, Mr. Bots¬ ford moved for a writ for the election of a member for West¬ morland to serve in the place of the late Speaker. 6th.—The Attorney General’s Election Bill brought up from time to time, and discussed for hours together, was again committed. This Bill, it was contended, was but a slight improvement upon the old Law—it provided for the extension of the suffrage to Leaseholders , which was certainly a desideratum, and that the Government should appoint a certain number of Commissioners, who, among other duties, were to determine all disputed elections, without taking up the time of the House. These Commissioners were to pro¬ ceed to the 6 disputed territory,’ and hold a Court to examine into the state of affairs, and settle the difficulty. No provi¬ sion, however, was made for the ballot, for which every body in and out of the House seemed to cry aloud, as a curative of all the difficulties attendant upon elections—such as the preventing of scrutinies, the independence it would insure to voters &c°&c. The Attorney General remarked, that he did not like the principle of the “ ballot,” and was prepared to 454 POLITICAL NOTES 1853 show that the system did not work well in the United States; the greatest statesmen in the old country were opposed to vote by ballot; and he quoted Macaulay, who said, “ honest men did not want it, and rogues should not have it he co*uld not, therefore, be supposed to support the principle of vote by ballot. There could not be an effective registration without an assessment list; he believed an effective regis¬ tration most desirable, if it could be properly adopted ; but such could not be effected without a most serious expense. “Yes, it can,” from Mr. Johnson. “Well,” continued Hon. Mr. Street, “ if it can, I shall be most happy to see it.” He would act openly and fairly, according to his convic¬ tions ; vote by ballot is fraught with more evil than is antici¬ pated by hon. members of the opposition. The Govern¬ ment was well aware that the Bill was a very debatable one, involving a great contrariety of opinion ; and such diversity of opinion did not only pervade that House, but also the whole country; and he hoped the present Session would not pass over without bringing this important subject to a final close ; so that we can say to our constituents, w r e have pro¬ vided for you an effective Bill, for the due exercise of your franchise. The opposers of the Bill pronounced the objections to the ballot as visionary—instead of the principle being anti- British, it was more British than American, and had been in use long before the American Republic had been thought of. On almost all occasions, in societies, in great organi¬ zations, elections of Committees, Directors, Managers, in all great public concerns, the choice was made by ballot, which was considered to be the great safe-guard to individual rights and independent action. The aristocracy and wealth of England exerted such a powerful influence in and out of Parliament, and viewed with so much distrust any innova¬ tion calculated to break down that influence, and feeling too that the ballot would render the electors independent of that influence, that it was all but impossible to carry such a measure in the House of Commons, and perhaps impossi¬ ble in the House of Lords. But like Catholic Emancipation, the Dissenting Disabilities Act, the Corn Laws, the present “good old British system” was destined, ere many years, 1853 AND OBSERVATIONS. 455 to give way to the demands of British intelligence and free¬ dom. Further objection was made to the Bill on account of the arbitrary power it would confer upon the Commissioners, who might be selected for their radical or tory predilections, and would be biased in favour of, or in opposition to, one of the claimants for a seat, when their services were required —whereas “ the ballot” would anticipate any such difficulty, or rather prevent the possibility of it. Mr. Johnson re¬ marked, that the man who was base enough to sell his elective franchise, whether under open voting, or the ballot, was one of those unconscionable persons for whom no pro¬ vision could possibly be made—for such an one, not even the Bible, much less the Ballot, could keep within legal limits.* He said the day would come, and that ere long, when “ the ballot” would be the mode adopted for returning members to the House. He said registration would also form part of the system; for whatever difficulties might be assumed in the way of this, he was satisfied that the Assessors’ Lists could be taken as the basis for getting at those who were qualified to vote.f Mr. English was “ determined to go against any Bill that did not provide for registration, ex¬ tension of franchise, and vote by ballot. Nine out of ten of his constituents demanded these changes.” * These remarks are most true. No man of sterling principles, upright¬ ness, and integrity, would be guilty of the mean petty conduct of selling himself for a few shillings, or even pounds; indeed the man who regards his vote as a merchantable commodity, to sell to the highest bidder, is unlit to enjoy the privileges of a freeman. The vote is in trust to himself and children, to be used in accordance with liis best judgment for the selection of men to whom the best interests of the country may be safely confided. To forget this great fact, and vote for the man who would buy him as he would a sheep, is to ignore the first and noblest principles of our common humanity; and such an one the writer no more believes in, or would trust, than he would the monster against whom civilization sets up a barrier, to keep beyond the confines of a safe and legitimate preservation. It is, however, fully believed, that no man of respectability was ever guilty of so base a piece of business as to sell his vote . t The Ballot is now the modus operandi; and it is considered on all sides to be a vast improvement upon the viva voce practice of formei days. 456 POLITICAL NOTES 1853 CHAPTER XXXY. <£ The Ballot” — Judges' Fees — Judge Street's Letter — En¬ counter between two prominent Members—Report of Committee on Public Accounts— The Audit Office—Prorogation of the Legislature—Mis Excellency’s closing Speech. April 15th.—After another lengthy and tedious discussion, old arguments reiterated, and amendments upon amendments being moved, the House resolved—18 to 17—in favour of “ the ballot.” Thus there was a majority of one against the Government; but this was thought so little of, that the oppo¬ sition appeared to take no heed of it, as if they considered that a majority against a Government measure was nothing in consideration of the good they could extract from them in any way. But the most anomalous part of the whole busi¬ ness was, that the Government themselves were divided in opinion upon the ballot. The Attorney General, for exam¬ ple, remarked, that since the House had now determined on vote by ballot, he should offer no opposition, and would leave it to those hon. members of the Government [his own colleagues] who supported it, to carry out the arrangement as they might think best. Hon. Mr. Wilmot (another mem¬ ber of the Government) said he would move the postpone¬ ment of the Bill for three months, so decidedly was he op¬ posed to the ballot system. The Provincial Secretary, on the other hand, wished it particularly to go abroad that he was in favour of the ballot, accompanied by a proper regis¬ tration of voters. The ballot being thus carried, Hon. Mr. **:•>.Vtr:V‘ ; v 1853 AND OBSERVATIONS. 457 Gray (another member of the Government) moved an amend¬ ment, rendering a registration of voters necessary, as an appendage to the ballot, which was carried by a large ma¬ jority. Progress was reported. 16th.—The House went into Supply, when £1,000 were voted for the expenses of the Law Commission—£500 to enable the Province to contribute to the New York and Dublin Exhibitions—£500 were proposed by Mr. Kerr, for the purpose of sending home a delegate to lecture on the advantages of Emigration to New Brunswick. Mr. Kerr had in the course of the Session introduced this subject seve¬ ral times, and each time it was debated at considerable length. Although the amount asked was now placed in the supply book, nothing came out of it that Session.* 18th.—Hon. Mr. Gray introduced a Bill “ in further amendment of the Jury Law,” and explained its provisions. Under the old law it required that all of the twelve jurymen (or petit jurors) should decide a case. The amendment pro¬ posed was most important, as it was intended to “ facilitate the course of justice,” and at the same time ensure its impai- tiality. The Bill provided that nine out of twelve jurymen should decide a case; for it frequently happened that one obstinate person thwarted the ends of justice; and the pro¬ posed alteration would prevent this. In criminal cases, however, the law was to remain as it was. The jurymen in civil cases were to be paid a fair equivalent, to come out of litigants, for their services. The Attorney General con¬ sidered Mr. Gray entitled to the thanks of the Committee for bringing in such a Bill; but as the Session was so far advanced, he would advise that it lie over until next Session. Progress was accordingly reported. 22nd._Mr. Earle moved for £1,500 to aid the construc¬ tion of a Canal through Grimross Neck, pledging that no further sum would be asked. This subject is merely refer¬ red to here for the purpose of showing the miscalculation, or perhaps the misappropriation of the public moneys, in respect to this project. The canal proposed to be cut is near Gagetown—through a narrow strip of land, the ligature ^ +ui« thp motion was again revived, and the object sus- taincdlwhenHonJames’ Brown was sent to England on the commission. 58 __ ' 458 POLITICAL NOTES 1853: of a peninsula—which, since it has been made, has created an Island, “ not laid down in any of the Charts.” The object in making this canal was not only that the steamers should be enabled to pass directly in front of Gagetown, but for the saving also of several miles extra distance, which the course half round the island occasioned. Mr. Johnson, in opposing the grant, made remarks somewhat prophetic, as they appear to have been realized by the lapse of time. lie said that the cutting of the canal would tend to shoal the water of the main river, as it was evident the quantity of water required to fill the canal, must come from the river, and the original quantity could not be in both places at the same time ; the piece of land also, cut off by the canal, would form an embankment, which whuld wash in at the side, and so fill up the main channel, or canal; he would, therefore, oppose the grant until further investigation and information were afforded. h tom whatever cause, this canal has never been used for the purposes intended; therefore the money has been thrown away; the steamers still perform their circuit, as if there were no such thing as a cut-off to shorten the distance. The Engineering skill that devised this canal, is due to some one without a name, certainly without a reputation.* The argu¬ ments in favour of the grant were, that this canal would benefit Gagetown, Fredericton, and Woodstock ! by expedi¬ ting the transfer of Fall goods. Hon. Mr. Montgomery explained that the distance saved by the canal would be just one and a half miles, and was the Province justified in giving thousands of pounds to save that distance in the River Saint John, and at the risk of impeding the navigation ? The question was taken on sustaining the resolution for the grant, which was carried in the affirmative. On motion of the lion. Mr. Partelow the blank was filled up with £1,750. 25th.—Another lengthy discussion took place on the introduction of a Bill by Mr. Botsford, for abolishing the Judges’ Fees. The Attorney General called it the “ annual offering of the hon. gentleman; he was not, therefore, taken by surprise on seeing the Bill come up again, for he fla’thpTwS'l Thames Tunnel, practicable in a way that was never intended ofnkk nacks. 18 B ° W USed f ° r a liUe ° f stalls > to end, for the sale 1853 AND OBSERVATIONS. 459 had been on the look out for it. The arguments on both sides having been so frequently referred to in previous Chapters, their recapitulation is unnecessary here. But the Lawyers in the House, (such as Messrs. Botsford, Johnson, Smith, Needham,) so far from being influenced by an esprit de corps, bore down harder upon the Judges than the laymen did—thus signifying, that as their knowledge with regard to the matter in dispute was all-sufficient, there was great public injustice in fees being paid in this way by litigants. That the salaries of the Judges, including fees, however, were too high, was less a question in dispute. The objection was more to the fees (amounting to from £150 to £200 over and above the regular salary of £600) than to the total amount of the salary; but then those who opposed the fees did not seem prepared to offer any commutation measure, (for such would have been accepted by the Attorney General and the sup¬ porters of the Judges.) Had a proposition, for instance, been made to raise the salary say to £700, or £750, in lieu of all fees, it would have been accepted. But No—the desire appeared to be to reduce the Judges to the naked sum of £600; and their honours were not willing to surrender to so large a reduction—they entered office at fixed salaries, and although willing to meet the economical spirit of the times, they did not believe that they should be obliged to give up all that the House demanded. But there was an old irritating sore at the bottom of all this ; the House felt the sting of Judge Street’s letter to the Colonial Secretary, the year before, reflecting upon the character and dignity of hon. members; and it only required the subject to be re¬ introduced, for an occasion to vent their feelings against, not only the offending Judge, but the whole Bench besides. In the course of the discussion, some members became so obstreperous that they were called to order, when the Speaker sought to exculpate the warmth displayed. He said—“ Hon. “ members should be excused when they expressed them- “ selves warmly on the subject of Judge Street’s letter as it “ appeared upon the Journals ; he did not rise to make a “ speech, he had stated his views on the subject heretofore; “ he would rather give the Judges fees than pay them by « commutation, which would be a taxation upon the country; 460 POLITICAL NOTES 1853 “ and thought £600, with travelling charges, sufficient—he “ would state broadly and fully before the House and the “ country, that he would go for the Bill without com- “ mutation.” Mr. Botsford seemed most pertinacious in endeavouring to have the fees abolished. Year after year he introduced his measure, and fought it up with ability, zeal, and determina¬ tion ; but never succeeded in carrying his point. Although fourteen years have since passed away, the “fees” still re- m^in*as they were. Indeed of late years the disposition for cutting down salaries, or interfering with old privileges, appears to have died out. In regard to the measure now under consideration, Hon. R. D. Wilmot moved that the further consideration of the Bill be deferred to the next Session, which was decided in the affirmative by the casting vote of the Chairman, (Mr. Hathe- way)—whereupon there was a tremendous clapping of hands on the side of the Government, which called up Mr. Smith, who lectured the Government and their supporters in strong terms, for their exultation, “ such as they always evinced when a Government measure was carried.” Mr. Wilmot replied, and Mr. Needham rejoined, when the Judges once more were allowed to retire to rest. / 29th.—Quite a breeze sprang up in the House this morn¬ ing, Mr. Connell* and the Provincial Secretary being the most conspicuous figures in the fore-ground. The former gentleman had made remarks upon the hustings in reference to the “ mutilated Accounts,” (referred to in a previous Chapter,) whereupon the latter, now that he had Mr. Connell before him, called him to account. The hard sayings, the criminations and recriminations made use of by both gentle¬ men on the occasion, were not in strict conformity with Par¬ liamentary etiquette. A repetition is therefore omitted here. On a former page reference was made to complaints of the House, in consequence of the Government having appro¬ priated the public moneys without the authority of the peo¬ ple’s representatives. Upon this subject the Committee of * Mr. Connell had been a member of the Legislative Council, and resigned his seat there, and offered himself as a candidate for Carleton, and was elected in place of Mr. Beardsley, just then deceased. 1853 AND OBSERVATIONS. 461 Accounts, to whom the matter was referred, reported as follows:— The Committee on Public Accounts have examined a return of warrants drawn without authority of law, laid betore the House in answer to an address of date 18th March last, and find that in 1851 several sums were paid by the Government, amounting to £94 12s. 2d.; and in 1852 the gross amount so paid is £5,165 7s. 4d. The Committee must object in the strongest terms against the Government paying out or disbursing any moneys from the Provincial Revenues without the sanction of the Assembly, and in none but cases of extreme urgency and necessity should any mo¬ neys be so paid until the accounts have been submitted to and sanctioned by the House, or a grant of the amount made in Supply; and when such extreme necessity does occur that money should be drawn without application to the Assembly, the Committee consider the Government called upon to make a report to the House, with a detailed statement and account of the manner in which such sums have been expended, the objects to which they have been applied, and the necessity for their being so paid without provision having been first made by the Assembly. “ The Committee cannot too severely censure the payment of so large a sum as £5,165 7 4 for the purposes mentioned in their return, upon the sole authority and responsibility of the Provincial Government; and should some of those pay¬ ments be in themselves correct, your Committee cannot ad¬ mit the necessity for these disbursements before the accounts had been submitted to and investigated by the House ; nor can they feel satisfied with the course pursued in not fur¬ nishing any detailed account or statement of these disburse¬ ments at the present Session. “ Your Committee must also remark upon the extraordi¬ nary fact that no application was made at the last Session for any grant in supply to reimburse the amounts drawn for without authority in 1851—nor is there now any made for the very large amount so paid in 1852—and your Committee deprecate as unconstitutional and dangerous to the rights of this House and the interests of the country that any Gov¬ ernment should consider themselves authorized to pay mo¬ neys, and withhold from the Assembly all information until expressly called for by address. “ Your Committee find it quite impossible to make any particular report on this return, wanting the necessary detail¬ ed accounts, and can only refer the return back to the con¬ sideration of the House, recommending that it be published in the daily Journals as a part of their report. 462 POLITICAL NOTES 1853 “ In reference to the surplus Civil List accounts, your Committee have to express their surprise that the sum of <£200 should be paid therefrom for His Excellency the Lieutenant Governor’s contingencies, without any authority therefor. Respectfully submitted.” A resolution was offered for abolishing the Office of Audi¬ tor, on the grounds chiefly of the incompetency of the depart¬ ment to discharge its duties, or it might be called its inade¬ quacy to provide a suitable check, whenever an attempt might be made by an outsider to cook the Accounts, or muti¬ late them, as had been done on a previous occasion, to make all ends meet. The debate which followed the reading of this resolution terminated in a waste of words. The Audit Office is still in existence, and no deprecatory remarks have been made of late years in regard to its efficiency. The Legislature was prorogued on the 3rd of May. In consequence of the extravagant appropriations, or rather in¬ considerate action of the House, in voting away the public moneys, without rule or system, His Excellency thus re¬ marked in his Speech—“ I regret very deeply that there is “ no one political officer whose attention is especially given “ to finances. I regret; too, the total want of Executive ma- “ chinery for properly controlling the expenditure on the “ roads.” All these evils have long since been corrected, as will be made apparent in future Chapters. 1854 AND OBSERVATIONS. 463 ( 1854 . ) CHAPTER XXXVI. ! rhe Ja i sor } Railway Contract—Prosperous Mate of the Province—Reply to His Excellency’s Speech— -Despatches—Governor s cutting remarks—Reflection upon his n»rln Cr \~ u V on th f subject of Dining — Official Defalcation Attack upon the Government—Mileage of Mem- btrs ~ , trade” vs. “ Protection”-Temperance Petition —King s College—Commission appointed to investigate College matters—Declaration of War by England against Russia— Royalty of New Brunswick—Address to the Queen passed— Conclusion — Last of the Conservative Power in New Bruns- vnek—Prorogation and Dissolution of the House—Last of Sir Edmund Head— The Services of The Press The Session of 1854, and the last for the present House commenced on the 9th February. The opening Speech touched upon a variety of topics. The contemplated Rail- road to connect St. John harbour with the Gulf of St. Law¬ rence, then under contract, was a subject of special eulogium. “ 1 liav e full confidence,” said His Excellency, “ in the honour and resources of those* who have undertaken its construction.” His Excellency recommended the House to pass “ some Bill for securing passengers and merchandize against wilful care¬ lessness, or culpable neglect in the construction and manage- * Meaning Messrs. Peto, Brassey, Jackson & Co. Ilis Excellency's confi¬ dence in the concern was rather prematurely expressed; for it will be seen as we proceed, that it was not long after this that the Company backed out of their contract, or acted in such a way as to lead to that apprehension. 464 POLITICAL NOTES 1854 ment of steamers.” Surely a Government feeling the impor¬ tance of a measure like this, ought to have been the parties to originate it, and carry it by the powerful influence which they unquestionably wielded! The whole speech was famous for its absence of a promise of any Government work. Per¬ haps its being the last Session, the safer policy, it was thought, would be to do nothing that could endanger their positions; for it was just possible that many of those who had always stood closely by them, might, in this last Session, go on the opposite side, in order to appear well with their constituents. It was well known to some hon. gentlemen that the country generally, by this time, had lost confidence in the Govern¬ ment ; and they were not astray in their calculations, as will be made apparent when we come to see the result of the elec¬ tions which took place in the ensuing summer. His Excellency, in his Speech, next alluded to the prospe¬ rous financial state of the Province. The revenue of 1852 had largely exceeded that of 1851; and that for 1853 had still shewn a greater increase. Shipbuilding was now in a flourishing state ; and trade generally quite buoyant. It was one of those periodical seasons of prosperity with us, such as usually happened, and still comes about, say once in five years—when everything would flourish perhaps for a couple of years, to be followed by about three years’ “ hard times.”* His Excellency remarked, the “ increase of our resources in “ the twelve months just ended, (1853,) shows still more evi- “ dent marks of a flourishing trade, and proves an increased “ enjoyment of comforts on the part of our labouring popu- “ lation.” In another place His Excellency stated that the Province was virtually out of debt, which was a declaration that any country might be proud to receive. But then, on the other hand, being out of debt does not always imply a prosperous state of things. * The writer’s loyalty will not be questioned, when he states that he be¬ lieves that this state of things is incident to all Colonies, whose dependence for business is upon the markets of the mother country, a necessary condi¬ tion to their fate and circumstances. Foreign countries cannot recognize Colonies in any other light than as integral portions of the one Empire, the heart being situated thousands of miles distant from the “ dependencies.” Therefore our markets are limited. Besides, the commercial interests of communities, residing on opposite sides of the Globe, are by no means iden¬ tical. Again, dense population on the one hand, and sparse population on the other, is another cause of the comparative poverty of small communi¬ ties like Colonies, and the prosperity of large ones like the United States. 1854 AND OBSERVATIONS. 4G5 Dr. Thomson (ot Charlotte) moved the Address in answer to His Excellency’s Speech. A lengthy discussion followed. The Attorney General, in speaking of the 5th Section, which tieated of the protection of the Fisheries, remarked that nego¬ tiations were favourably progressing at Washington, by which our fisheries would probably be thrown open to the Ameri¬ cans on reciprocal terms. In opposition to this declaration strong language was used. It was denied that Her Majesty’s Government had any right to yield our Fisheries for the sake of propitiating the Americans—that ‘‘reciprocity” was one thing, and property in the Fisheries another. Why should a man entering into trade with his neighbour, demand a certain bonus, when in such matters both stood upon an equal footing—one to derive as much advantage from the transaction as the other ? However, it was a foregone con¬ clusion to surrender the Fisheries, and all that members could say to the contrary would produce no effect upon the British Government. The Colonies interested in these Fish¬ eries occupied the unfortunate position of being unable to defend their rights in the Gulf and along the coast, against American aggression; and therefore the English Government might do so, or let it alone—and the Colonies could not help themselves. It was very well for us to say that the Fisheries were our exclusive inheritance; but, if we had no arm strong enough to protect them, we might declaim in the Legislature against the encroachment, until all was blue, while the Ameri¬ cans in the meantime would be helping themselves to our fish. In the course of the discussion, Messrs. Smith, Botsford, Johnson, and others, censured the Government for not giving expression in His Excellency’s Speech, to something about Reform, an Election Bill, a School Act, or indeed promise of some kind of measures for the benefit of the country. The Address was passed on the second day’s debate, and conveyed to His Excellency. An important despatch was laid before the House, being a copy of a letter that had been transmitted by His Excel¬ lency to the Colonial Secretary, under date May 6th, 1853. This document was expressive of the Governor’s views, res¬ pecting the general practice of legislation in this Province, against which he took strong exception, especially the great 466 POLITICAL NOTES 1854 amount of private legislation, (that is local petty measures,, such as should be disposed of by Municipalities—the absence of which institutions His Excellency regretted r for there was hut one County in the Province, up to this time y that had adopted Mr. Street’s Act,) which consumed the time of the House, and diverted attention from matters more urgent. He said, “ the total number of Aets passed in this Session “ (1853) is 69—of these 13 only are public and general in “ their character, 29 may he called local, and 27 in fact of a “ private nature.” The fact of encumbering the Provincial Statute Book, from year to year, with so many Acts—many of them sometimes so interwoven with each other as to con¬ flict, and lead to confusion, would, it was alleged, in the course of a few years, unless some remedy were soon provided, lead to litigation and serious consequences. Indeed the whole tenor of His Excellency’s letter was a cutting reproof of his advisers—(although not so considered by them, as up to this time Legislative responsibility did not sit very heavily upon their shoulders, or rather they did not act as if it was a mat¬ ter of concern to them,) for their apathy in not taking steps to remedy the evils complained of, by originating themselves measures suitable to the occasion. But the very fact of His Excellency sitting with a Council responsible, according to their own confession, for the good government of the coun¬ try, and answerable to the people in all local matters, and allowing His Excellency, without protest, to address his com¬ plaints, not to them, who alone were capable of providing a remedy, but to the Colonial Minister, who, so to speak, could do nothing in the matter, except express an opinion in res¬ ponse, bespoke a state of things which showed that up to this time we had but the shadow of Responsible Government at work , and not the living substance. By his action His Excel¬ lency ignored his advisers altogether, placing them in such a position, that men of spirit would have resigned their offices rather than submitted to the usurpation. Instead of making a bold stand, they sat and listened to the reading of the cen¬ sorious remarks of the Governor, condemning them before the House and the country. This letter of His Excellency may he found in the Journals for 1854, and is well worthy the attention of the political student. It may be added here. 1854 AND OBSERVATIONS. 46? that the Colonial Secretary’s reply was sympathetic—he agreed with Sir Edmund in every statement. This was Res¬ ponsible Government in this Province up to this time. In Nova Scotia and in Canada it had long ore this been estab¬ lished upon a solid foundation. Feb. 18th.—Horn Attorney General, in answer to a ques¬ tion put to him, stated that as the Government were divided in opinion with respect to the provisions of the Election Bill of last year—some being in favour of the ballot and some opposed—besides, as a Registration must form part of such Bill, and there was scarcely time to pass it so as to become Law for the next general election—it was considered advisa¬ ble not to re-introduce the measure at the present Session. A spirited discussion arose upon a most trifling matter. A motion was made that the House should adjourn every -day at 1 o’clock for dinner, and resume business at 2. In favour of the motion, it was said that it was too long to wait from 10 o’clock, a. m. until 4 and 5 p. m. without eating; besides it always happened that as one o’clock approached, the House began to thin out, which was evidence that those hon. gentlemen who had a particular regard for the inner man, always managed to indulge themselves, by slipping off either to their hotel, or some adjacent “ refectory ,” for that purpose. Those less limber in the legs, or more studious of their Parliamentary duties, were willing to stick to their desks, and wait for the quality hour of 5 o’clock, no matter how severe the knawings of hunger. One hon. gentleman remarked, that he had been accustomed all his life to dine at one o’clock; and if he departed from the practice now, it would lead to a congestion of the appetite —or some other serious disorder; and he knew that all the country members were of the same habits as himself when at home. Those gentle¬ men however, about Fredericton, who had been accustomed to dine at a later hour in the day, had no bowels of compas¬ sion for their more peccant neighbours. On the question being taken, however, it was decided—19 to 13—that hon. gentlemen should continue to debate upon empty stomachs !* * The practice of late years has been to adjourn resume business at half past two an arrangomen .appears to be satisfied. at one for dinner, and with which every body 468 POLITICAL NOTES 1854 The reason for noticing a matter so frivolous is, that tho reader may understand the prodigal waste of time and con¬ sequent expense to which the country was subject in those days of “ reform agitation.” All this dinner business might have been settled in the “lobby,” or in one of the Com¬ mittee .Rooms, among members privately,’and if the hour were agreed upon, a simple announcement of the fact could have been made by the Speaker from the Chair. The salary of the Legislative Librarian was raised from £75 to £100. 25th.—Mr. Cutler asked the Attorney General if any steps had been taken (in accordance with resolutions passed the previous Session) for the recovery of £519, moneys that had been withheld for years from the .Province by a certain Deputy Treasurer, who had not evinced the least disposi¬ tion to make good his defalcation ? He wanted also to know, whether any thing had been done towards abolishing- the offices of Auditor and Receiver General ? The fact and not the name is all that is necessary here, with regard to the defalcation, to show the laxity of managing the public busi¬ ness, when a Deputy Treasurer, who stood high in life and perhaps in favour with the governing powers, could with¬ hold so heavy an amount from the Treasury, and still be retained in office. The reply was to the following purport: that the Government had taken no steps to recover the amount due by said official, and were unwilling to do so without special instructions from the House, as there were some doubts as to whether the Province could recover , and they did not like to assume the responsibility of saddling the Province with costs. That with respect to the financial check, and the abolition of the offices of Auditor and Re¬ ceiver General, it involved a Pension List, and negotiations with the Imperial Government,* and that the Executive could not move in the matter unless the initiation of the money votes were placed in their hands. Messrs. Cutler, Smith, Connell, and Johnson, (who appeared to be the lead- ing Reformers and opponents of the Government at this time) rejoined with some acerbity. They contended that the * We bought we could not stir a finger, so to speak, without running to 1854 AND OBSERVATIONS. 469 vote of the House was a sufficient instruction for the Attorney General to have instituted proceedings against the delinquent that the abolition of the offices had nothing whatever to do with the question of the initiation of money votes,—that as the Government acknowledged the necessity of a change, they should have submitted their plans,—that the House would never consent to yield up the privilege of initiating money votes until Municipalities were established in every County, and the road money, &c., granted to each County in gross,—and that the Government, by doing nothing, had shirked all responsibility. The conversation dropped without any specific motion being made, but it was intimated that the whole matter would be discussed in Committee on the State of the Province. As a specimen of the fire which occasionally blazed on the opposition side, (very small as regarded numbers,) the following quotation is made from a speech delivered by Mr. J. M. Johnson against the Government, when the subject of the Law Report of the Commissioners was under con¬ sideration. “ lie (Mr. J.) had always opposed the Govern¬ ment on political grounds, and he would oppose it to the death while that Government held the doctrine which it does —doctrines which he deemed unsuitable to the country. He would never abandon those principles which he had repeat¬ edly set forth as being best calculated to meet the wants of the country. The proper mode of voting was by a majority, and not by a two-thirds vote—(for accepting the Municipal Act.) Last evening the Attorney General had taken fire, and as he warmed and grew warmer, he had turned upon him and charged him with factious opposition; that charge truly belonged to the Government, and it was hardly mag¬ nanimous on the part of the Attorney General, now that the ranks of the Liberals had dwindled down to a few steadfast souls, to charge them with factious opposition ; for himself, he neither feared the Government, nor courted its favours —he would not accept office under it. His principles remained unchanged ; and if his constituents would not support him unless he supported the Government, he would represent them no longer. He had fought with the Liberal party, as warriors fight, for that glorious principle of self-Gov- 470 POLITICAL NOTES 1854 ernment, and still thought that the opinions of the Govern¬ ment were a clog to the true interests of the country.” The Attorney General replied with tartness. Indeed this gentle¬ man was always ready for all comers. His shield and buck¬ ler were always at hand. He was tough, pugnacious, daunt¬ less—-just the man for leading a Government that stood upon the verge of a precipice, and was doomed to destruction in less than a year afterwards. March 9th.—Mr. Kerr moved a resolution for a select Committee to be appointed to examine and report upon the amount of mileage paid to members of the House for coming to, and going from, Fredericton. Mr. Kerr in those times was, and is still, remarkable for starting enquiries into all public matters, asking the Government for despatches, and for information in detailed form upon various matters,—such as the Accounts in the Audit Office, Treasury Accounts, information as to road expenditures, when and where made, —expenses of maintaining the Offices of Provincial Secre¬ tary, Surveyor General, Post Office; expenses for the erec¬ tion and improvement of public buildings, &e. &c. In all such cases Mr. Kerr seemed to be the foremost member, and therefore most useful; for if there were no one of this prying disposition in the House, indifference to many mat¬ ters that concerned the pockets of the people might have been the consequence. In regard to the subject of “ mile¬ age,” Mr. Kerr’s motion was like throwing a stone into a crockery shop in which he himself was*to lose in proportion to the damages that might ensue. An inquiry of this nature was significant of a meaning that could not be expressed; and calculated, therefore, to create alarm, if not mischief, especially among those gentlemen who had felt themselves justified by precedent, or long practice, in measuring their miles out of all proportion to the actual distances travelled, supposing the most direct route to and from the seat of Gov¬ ernment was the most zig-zag one. Quite a running fire followed this motion. Those who had acted upon the adage of “ going the longest way round, as being the nearest way home,” did not believe that their constituents, or the country, expected them to travel by muddy unbroken roads, merely because it was a few miles shorter, while the open main road 1854 AND OBSERVATIONS. 471 afforded better facilities and much more comfort. The dif¬ ference pocketed in this way, it was said, did not amount to enough to justify the hard suspicions entertained, as if hon. members had been guilty of a criminal offence. Mr. Barberie did not believe in any description of cheese-paring —it was undignified. Dr. Thomson did not think that this was a species of retrenchment which the country would thank them for. He was opposed to all innovations, when there was nothing to be gained. He said the papers would get hold of this and make a great fuss about it, and the people would believe that their representatives met together for the purpose of defrauding them. Mr. Connell did not see why objections should be made to the appointment of a Committee—it did not reflect upon any one in particular— those who thought they were entitled to the mileage they had been in the habit of receiving, and could give good reasons therefor, the Committee, no doubt, would listen to them, and be considerate. Mr. Johnson did not believe that all the mileage and the 15s. a day which members received, compensated a large majority of them for their time in com¬ ing to the House—it merely paid expenses; nevertheless, the principle of right should be maintained, and he was per¬ fectly willing that a Committee should be struck, and he would be most happy to lay his case before them. He would further say, that the first year he held a seat in that House, he was paid more in the shape of mileage than he felt he was entitled to, but he learned that the Speaker had followed the precedent set by his predecessor. When he came to the House the following year he had a resolution prepared, to have the whole thing investigated, but he did not move it, lest it should have been attributed to a factious opposition, with which he was sometimes charged about that time; but he determined to set himself right, and refused that year to receive any more than he was entitled to, reckon¬ ing the distance by the direct route; and ever since then he had pursued the same course. Almost every member spoke, when Mr. Kerr closed the debate. He considered it to be his duty, when he found things to be going wrong, to use his influence to set them right. He found that some hon. gen¬ tlemen had been receiving a great deal more, in the shape 472 POLITICAL NOTES 1854 of mileage, than they were entitled to, which in the aggre¬ gate amounted to a large sum. The resolution was carried 22 to 4 ; and a Committee appointed to take the matter into consideration, and report to the House. At the time of the discussion a good deal was said at random about the mileage distances.* A warm “ free trade” and “ protection” debate occur¬ red, the House having resolved itself into a Committee of Ways and Means. Reference is only made to this discus¬ sion, for the purpose of bringing out a particular fact. Mr. Partelow made quite a business speech—he explained the financial condition of the Province—said the revenue of the previous year amounted to £184,000; and as he calculated that the revenue for the present year would not be less, he proposed the reduction of duties upon certain articles, and an abolition upon others. His explanation was lucid, and his suggestions were quite satisfactory to the free trade por¬ tion of the House. Mr. Partelow took the lead in these finan¬ cial matters, and submitted his scale of duties, more as sug¬ gestions, than as one feeling that the responsibility of carry¬ ing the measure through the House, devolved upon him in particular—for, although Provincial Secretary, he was opposed in his “ budget,” and defeated in consequence, by a leading member of the Government—so that Responsible Government was still only in its theoretical strides—it had a title, but no character. No one can imagine for a moment that any mem¬ ber of the Government, at the present day, would oppose the Provincial Secretary in his financial arrangements to meet the expenditures of the current or incoming year ? 18th.—Mr. Scoullar presented another monster petition, containing 20,000 signatures, praying for an Act of the Legis¬ lature to prohibit the importation of Spirituous Liquors into the Province. He then introduced a Bill to carry out the object. A correspondent to one of the newspapers thus re¬ marked—“ this Bill will, in all probability, occupy the House * It was remarked by a wag in reference to a certain bon. gentleman from one of the Northern Counties, that instead of proceeding home by the most direct route, he invariably made a detour by way of St. John, which occa¬ sioned a considerable addition to his number of miles; and in order to make even change in the amount of money to which he laid claim, he got a boy at Reed’s Point to row him round the “ Beacon Light.” However, this conceit must be taken for what it is worth, perhaps very little. 1854 AND OBSERVATIONS. 473 “ two or three days in discussing it, and it will be that much “ time wasted, as it is impossible it can pass, and as impos- “ sible to carry it out, were it the law of the laud.” This quotation is made because the prediction was verified—the Bill was lost. It is unnecessary, therefore, to follow up the discussion. But, it may be remarked here, that a similar measure was brought forward at the next Session, (as will be explained when the time comes,) and led to the great politi¬ cal convulsions so familiar and fresh in the memories of most of the readers of these pages. April 6tli.—Our unfortunate* College was again the sub¬ ject of severe animadversion. Every once in a while this institution was used as a special target for the shafts of its opponents ; or, perhaps more properly speaking, for the cen¬ sures of those mein be re of the Assembly who considered that the “ end” of the College did not justify the “ means” that had been employed for keeping it up—that the endowment fund of £2,000 per annum, was money expended without an adequate return in the way of advantages to the Province. On this occasion, Mr. A. J. Smith led up the attack, which was about the severest that the College had yet met with. Mr. Smith at this time was just beginning to make himself felt as a rising member, and what he said therefore was not without influence in the House. In his opening, Mr. Smith entered at great length into the history of the College, and drew the conclusion, that after so many failures, and with only five resident students at present and ten out-door students, (boarding elsewhere,) it was perfectly useless to look for any improvement, and he avowed it to be his object to shut the College up, dismiss the Professors, and sell the lands. He said nothing about the appropriation of the endowment, but confessed himself willing it should be devoted to educational purposes. He was particularly severe upon one of the Pro¬ fessors, whom he named, for having written against him (Mr. S.) in one of the Fredericton papers, for discharging what he considered to be his duty as a legislator in reference to the College. Mr. Harding followed on the same side, denouncing the expenditure of £2,200 annually to do little * Unfortunate, at the time alluded to, before it had been worked into the more satisfactory shape under its present management. 60 474 POLITICAL NOTE'S 1854 or no good, and seconded Mr. Smith’s plan to close the Col¬ lege. Mr. Hatheway took the other side of the question, defended the Professors, and eulogized them, and said they should endeavour to improve the system of Collegiate Educa¬ tion, and not destroy the College. Dr. Thomson followed on the same side. He proposed that they do away with the Divinity Chair, as there existed a prejudice against it, and makes the Institution entirely secular. The Attorney Gene¬ ral next made a speech of considerable length, following Mr. Smith through his statistics, and giving the history of the endowments, &c. He admitted that the institution did not meet public expectations, hut defended the Professors, and said no one had as yet assailed successfully the management of the institution—they had anticipated the wants of the coun¬ try, and the only remedy lay in embracing other branches of education, and not confining it to the higher branches. The Speaker followed, expressing his opinion that nothing could he done to make the College useful at present. His plan was to pass this Bill, and then pass another, suspending the College operation for twenty years, then to be restored again. He would not alienate the endowment, as the time would come when the Institution would be wanted ; but in the meantime he would give .£200 a year, paid out of the Col¬ lege funds as far as they would go, for high schools, and thus qualify the people for the restoration of the College when the period of suspension had expired. Mr. English spoke in support of the Bill, and thought the Speaker’s plan would answer well. This closed the debate for the day, when pro¬ gress was reported. On the 7th the debate was continued, and lasted six and a half hours ; and on the 8th four and a half hours ; when it was agreed that the Governor should appoint five Commis¬ sioners to consider the whole subject, and report to the House within twenty days after the opening of the next Session. The College survived this shock of battle—it still stands upon the hill, its doors never having been closed once against the admission of students, be their religion what it might, or come from whence they may. It even failed to pluck the honours provided for it in Mr. Gilbert’s Bill, by its conver¬ sion into an Agricultural School; although it may be here V 1854 AND OBSERVATIONS, 475 remarked, that education and agriculture now a-days are not ashamed to go hand in hand,—if not upon the College grounds, certainly in keeping pace with the obligations de¬ manded by Agricultural Chemistry, and the other weighty branches connected with successful farming. 10th.—A long debate took place upon Mr. Scoullar’s Pro¬ hibitory Liquor Bill being committed. A round of tempe¬ rance speeches followed, and many in opposition to the mea¬ sure, occupying the time of the House for half a dozen hours, but like many other discussions during the Session, it termi¬ nated in—postponement for three months. Then followed a long and tedious debate upon Mr. Earle’s Orange Bill, which occupied about half a dozen more hours, and resulted also in what was sometimes called a “ three months’ hoist.” The Audit Office likewise came in for a liberal share of attention ; and the “ mutilated Accounts” business was again freely dis¬ cussed. Mr. Johnson led the attack, condemnatory of the Government, but his resolution was lost—28 to -6. Mr. K ” to the end of each Chapter, tlZZZ ,? 7 co f mm ?Z ment ' u has been thou ° ht better t0 #«» °U together at the end of each Volume.'] LOCAL OCCURRENCES IN THE YEAR 1841 . Intelligence arrived in St. John, April 12th, of the death of President Harrison, after having been in office just one month / He was succeeded by the Vice President, John Tyler, of Virginia. Election of Officers of the St. John Mechanics' Institute. John Duncan, Esq., President. Dr. Gesner, ) _ ... Win. Jack. Esq. \ Vice ^eHdents. Robertson Bayard, Esq., Corresponding Secretary. Henry J. Chubb, Recording Secretary. John G. Sharp, Treasurer. Directors. Alexander Lawrence, George Younger, James McGregor, Thomas Rankin, Jr. Thomas Daniel, Richard Duff, Edwin Fairweather, Thomas Barlow, George Flemming, James Harris, Charles M‘Lauchlan, John Gray. ^“Sir William Colebrooke (the new Governor for New Brunswick) arrived in St. John from Windsor on the 22nd April. St. John Newspapers. The only papers published in St. John in 1841, were the Courier, by Mr. Chubb—the City Gazette, by Mr. Till, (Senior)—the Observer, by Mr. Cameron—the Chronicle, by Messrs. Durant—the Herald, by Mr. Sancton— and the Morning News—papers all extinct, except the last named. 478 LOCAL OCCURRENCES, &C. Chamber of Commerce. The following are the names of the Committee of the Chamber of Com¬ merce :— L. Donaldson, John Wishart, E. DeW. Ratchford, John Pollok, William Walker, Charles Ward, S. L. Lugrin, James Whitney, R. D. Wilmot, William Mackay, John Duncan, F. A. Wiggins. W. H. Street, L. Donaldson, President; E. DeW. Ratchford and William Walker,' Vice Presidents. Departure of Sir John Harvey from New Brunswick. On Monday evening, (May 3rd, 1841,) at 7 o’clock, Major General Sir John Harvey arrived at Indian Town in the Steamer Fredericton. Sir John was accompanied by Lady Harvey, Captain and Mrs. Tryon, Mr. Henry Har¬ vey, R. N., Mr. Warwick Harvey, 36th Regiment, Mr. F. Harvey, 34th Regi¬ ment, and Brigade Major Nugent. A numerous and respectable body re¬ ceived Sir John on his arrival, and escorted him to the City; among them we noticed His Honor the Speaker, His Worship the Mayor, the Recorder, the City Chamberlain, the Hon. Mr. Johnston, and several others of high respectability. Sir John and Suite immediately proceeded to the St. John Hotel, where apartments had been previously engaged. Yesterday, at two o’clock, Sir John held his farewell Levee, at the Long Room of the St. John Hotel, which was numerously attended. The venerable John Ward, Esq., the father of the City, presented the Address from the City and County of St. John, which was read by M. H. Perley, Esq. Sir John replied in very excellent style, and with great feeling. Mr. Duncan, the President of the Mechanics’ Institute, presented the Address from that body, which was read by Robertson Bayard, Esq., the Corresponding Secretary, and then the Rev. Mr. Campbell, of Gagetown, presented an Address from the Clergy, Magis trates and inhabitants of that Parish. We were informed that an Address had been previously presented by His Worship the Mayor, from the Com¬ mon Council, and we can only regret that want of space alone prevents our giving these Addresses, and the several answers, in full. After the presen¬ tation of the Addresses, the Rev. Dr. Gray presented the Clergy of the Diocese, and other Clergymen paid their respects; the Rev. Mr. Dunphy received particular and marked attention from Sir John Harvey. The Recorder next advanced at the head of the Bar, and then the Magistrates, Military and Civilians, took their farewell. Altogether the scene was an affecting one, and Sir John Harvey will long have reason to be proud of the kind, the feeling, and the really affectionate manner, in which the people of St. John took their final leave of one whom they have always delighted to honour. At 3 o’clock last evening, Sir John, family, and suite, left in the Steamer Maid of the Mist, for Windsor. We understaud that Sir John expects to leave in the Steamer of the 18th, for England, if a general officer should previously arrive to take command of the troops. LOCAL OCCURRENCES, &C. 479 &p*“The Government Emigration Agent received intelligence from En<* land, of ten Emigrant Vessels being on their way to St. John, with 1841 emigrants on board. V N 1° t } 6mss up to 23rd Ma y of the Steamer President, which left New ^ear y in the year, for Liverpool, with a large number of passengers on board (passengers and crew numbering 181) among whom was Lord Len- nox, son of the (late) Duke of Richmond. Also Tyrone Power, the cele- brated Irish Comedian. Sp“On the 18th June the Morning News commenced to publish daily, and was so continued for some time, there being no other tri-weekly in St. John. It afterwards returned to its three days in the week arrangement. Corporation Extravagance. The following extract is made from the Common Council proceedings, (June 21st, 1841,) in order that the Citizens of 1867 may have some idea of the hard things that were said in the “ olden times” in regard to Corpora¬ tion extravagance:— “ Alderman (Col. B. L.) Peters.— No, Alderman Bond. I do not misunder¬ stand. The large and extravagant expenditure of the people’s money has been allowed by the negligence of this Board. I do not think if the real known, the funds of the Corporation have increased more than £2,000 per annum for several years. You dare not ask the Chamberlain who credits you, and you are afraid to look into the state of your affairs. I blame this Board for going on continually in the dark; for neglecting what is due to the community and to itself. I said this to you before, and I now say it again. Let us ascertain what we owe, and take an honourable course to pay the amount. The circumstance alone of persons beginning to call their money in, is a test that you are losing the confidence of the people.” 5^“ “ Chubbs’ News Room,” moved from the brick building, (3rd flat over store now occupied by Mr. John Armstrong,) corner of Prince William and Church Streets, to the new Brick Market House, situate directly in the centre of the Market Square. $^r=Mr. Junius Brutus Booth, the celebrated Tragedian, (father of Booth the Assassin of President Lincoln,) arrived in St. John, and gave a nnmber of performances. His Richard III. was said to be equal to that of the elder Kean, of whom in his earlier days he was a rival. The “ Old Burial Ground .” On the 21st June, the subject of removing a long wooden building, (which stood on King Square, fronting where the Bell Tower now stands, and used for an Engine House,) came up in the Common Council for discussion. It was proposed that the building should be removed to the South end of the Burial ground, and used for a Country Market—notwithstanding the dead were still being buried here. There was nothing around the Burial ground, however, but an old rickety fence. Although the motion was strongly sup¬ ported, it was finally agreed to have the building taken down and destroyed. The improvement of late years made in this sacred place of rest will protect it against desecration for very many years to come. 480 LOCAL OCCURRENCES, &C. first Parliament of Canada, under the Act of Union, met at Kingston (Western C.) on the 15th June. Congregational Church. The Congregational Church, in Union Street, St. John, was commenced in July. Rev. Mr. Galloway, an excellent Pastor, afterwards laid the corner stone, wiih imposing ceremonies. Somewhat Prophetic. In July, 1841, the writer made a trip to Fredericton, it being his first. On his re tun to St. John he wrote a lengthy laudatory account of all that he saw worti noting, and finished his article in the words subjoined, little anticipatiig that there was the smallest prospect of his ever attaining the position he now occupies :— “ Shouli we receive punishment for our political sins, we trust that our Judges wll transport us to Fredericton, as we could very well eke out the remaindei of our days in exile in such a place.” Tie Rev. Lord Augustus Fitzclarence preached in St. Paul’s on Sun¬ day mornng last. His Lordship read the altar service, and delivered an impressive and eloquent sermon, which was listened to with deep attention by a crowded Church.— Halifax Times. the 17th July “ The Newbrunswicker” (tri-weekly) was started by Mr. Wiliam Till, which was the fourth morning paper in the Lower Pro¬ vinces—being two in St. John and two in Halifax. ^^Hb Excellency Sir Charles Fitzroy, Governor of Prince Edward Island, ar-ived at the Saint John Hotel, on Wednesday afternoon, via Sussex Vale. We understand His Excellency proceeds immediately to Fredericton, accompanied by his Private Secretary, Mr. George Fitzroy, and Mr. Ilavi- land. Ccnsiderable agitation for opening Water Street, in continuation to Reed’s Pdnt. It was not until the Session of 1866, that a Bill was carried for having this work done, and the street is now nearly opened. ^“Tle first story of the new Custom House Building nearly up in July. The Thermometer in Fredericton. The folowing is a statement of the thermometer in the shade, at Fred¬ ericton, firnished by Captain Wylie of the Steamer New Brunswick Sunday, July 13, Monday, “ 19, Tuesday, “ 20, Wednesday, “ 21, Thursday, “ 22, 82. ,84. . 88 . ,92. ,97£. Our new Governor's advice to the Common Council. As in natters political, so in civic, Sir William Colebrooke evinced an earnestness, which seemed, if any thing, in advance of the times, certainly in advance cf the public spirit of our public men. His Excellency made a num- LOCAL OCCURRENCES, &C. 481 ber of valuable suggestions, in a written communication, to the Common Council, as will appear from a report of the proceedings, July 29 minute ? of . the last meeting and the standing orders having been Mavir anTSS n fr0 ™ His Excellency Sir G. M. Colebrooke, to the Z Oouncil was read. It suggested a variety of valuable C, , ty ' Hls Excellency represented in a forcible manner d^atelv hotw^ havin S a steam communication imme- wharf 7 shniUd hfl 1 ^- Clty and England, and recommended thit a suitable f S ^ OU d be at 2 nce erected - Hls Excellency also recommended that accurate surveys and reports should be prepared for establishing a set of fhp b m^pWp« rVe A S i ail ii D f oc ^ s - . The works, he said, would no dmbt pay for themselves. Also that the City should be supplied with water These im¬ provements could either be made bv the Corporation, or by private Com¬ panies. His Excellency further recommended that a constant supply of water should be kept on hand at the wharves, for the use of ressels; that the public sewers should be better regulated; and that the lighting of the streets with gas, would contribute to the greater comfort of the inhabitants, and security of the City. The last improvement suggested by His Excel¬ lency is the laying out of King Square into pleasure grounds. This would he said, lead to cleanly and good habits in the people.” Distinguished Arrivals. The Steamer Nova Scotia, Captain Reed, arrived on Saturdiy afternoon from Windsor, having on board Sir Jeremiah Dickson, and servant, Lieut. Gibson, A. D. C., Colonel Bazelgette, Hon. Mr. Allen and Son, from Toronto, E. Gilbert, Esq., Mr. Pugh and Lady, and several other passengers* (names unknown.) The Lord Bishop will be here on Thursday next, in the Nova Scotia. The new ship Lady Falkland, of 700 tons, built bj Mr. Scales, at Parrsborough, for Messrs. Ratchford & Brothers of this City, was towed in by the steamer. Large Fire in Portland , (St. John.) A disastrous fire broke out in Portland on the 26th August. A man had been working on a new vessel owned by Messrs. Owen & Duncan; on going to dinner he failed to use the necessary precautions, and a pot cf boiling tar overflowed, ignited, and communicated with the chips. The ship was soon in flames. In a few hours afterwards half the village of Portland was laid in ashes. —- King's Square in 1841. Extract from Morning News, Sept. 10th“ A great improvement has lately been made by the removal of the old Market House, and the levelling of the ground; but much yet remains to be done. In many places the square is still uneven, and presents to the eye rather a clumsy and awkward appear¬ ance. We hope the Common Council will not lose sight of this. It might, at a trifling expense, be made one of the most agreeable resorts in the City, upon the plan suggested by His Excellency the Lieutenant Governor. What would be the cost of turning the whole square into a grass plot, interspersed with walks and trees, in comparison to the benefits which our citizens would reap from the improvement in their health ? ” Death of Lord Sydenham . [Correspondence to the St. John Morning News.] Kingston, (Canada) 21st Sept., 1841.—Sir: I suppose you have heard of the melancholy death of Lord Sydenham, he died last Sunday morning—just 61 482 LOCAL OCCURRENCES, &C. a fortnight after he had his leg broken—he was quite sensible and conscious ten minutes before he died, and conversed freely wilh the Clergyman who attended him, (Mr. Adamson.) Dr. Kidmer was sent for, from Toronto, but His Excellency was too far gone for him to avail him any thing: he says, nevertheless, that he never attended any person yet that had so power¬ ful and strong a mind, with such a feeble and weak body, as Lord Sydenham. He lies in state to-day; and at his own request, Ms body is to be buried in Canada; he will be interred on Saturday next, at or near the Penitentiary, where a piece of ground is to be consecrated, and a monument erected to his memory. Poor man! He said during his illness, 44 I thought three days ago, that I would be able to leave this bed in three, but now I know I will never leave it.” He took the sacrament the day before he died, and gave advice to his servants with respect to their future conduct. A most melan¬ choly end for him, to come out here—with all his troubles before him—and then to die, just as his schemes and plans had been crowned with success. Opposed as we have been to Mm in politics and principles, we cannot but respect his memory as a noble and enterprising man, and one that took a deep interest in the well-being of the country. In the Supreme Court. William R. M. Burtis, William Watts, Broke W. Hammond, and George N. Segee, Gents., Attorneys of tMs Court, are called to the Bar, and admitted, sworn and enrolled Barristers. Peter Clinch, Andrew Rainoford Wetmore, Edward H. Wilmot, A. B., and George Connell, Students, having produced the requisite Certificates, and having been examined as to their fitness and capacity, are admitted, sworu and enrolled Attorneys of this Court.— Boyal Gazette. St. Andrew's Society. At the Annual Meeting of the St. Andrew’s Society, held in St. John, on Thursday evening, the following gentlemen were elected Officers for the en¬ suing year, (the former President, the Hon. John Robertson, and the Vice- President, Thomas Nisbet, Esq., having resigned) :— Dr. Boyd, President , John Wishart, Esq., Vice-President , John Duncan, Esq., Treasurer , Mr. James Robertson, Secretary. A new weekly paper called the Mirror was started in St. John in Dec. by a Company—the Committee of management being Messrs. Francis Col¬ lins, P. M‘Cullough, H. M‘CulIough, William Doherty, William Doherty, Jr., and Francis M‘Dermott. Mr. Fitzgerald—a well educated Irish gentleman —Editor. 44 St. John again in ashes —70 Houses destroyed.” The fire broke out on the night of the 15th November, in the last house but one on the lower end of the South Market Wharf. A tremendous gale of wind swept up the wharf—in a short time afterwards almost every build¬ ing on the wharf, and along both sides of Water Street, as far as the ferry, was in flames—also^ houses on the West side of Prince William Street and Ward Street. The new brick Market House, which cost £3,000, directly in 483 LOCAL OCCURRENCES, &€• %e centre of the Square, was destroyed. The fire swept from this building up the northern end of King Street, scorching many houses—all of which would have been destroyed had not the engines concentrated their full force upon them, as this was the only chance of saving all the northern part of the City. Incendiaries. The above fire was supposed to have been the work of an Incendiary. On the night of the 30th November, three attempts were simultaneously made to destroy the City. The new Mechanics’ Institute was set on fire in two different places, and considerable damage was sustained. Ignited combus¬ tibles were forced into one of the windows of Trinity Church, and had the attempt been made at a later hour, the building, it was supposed, could not have been saved. An out-house in the rear of Mr. Smith’s dwelling, lower end of the City, was also set on fire. The fires all broke out about the same hour, (eight o’clock in the evening.) Every one was greatly alarmed at •these daring attempts to destroy the City. Public Meeting. In consequence of the above incendiary attempts, a public meeting was called—the following will explain the particulars :— “ A large and highly respectable meeting was held last evening, at 5 o’clock, at Mr. William Hammond’s new building in Dock Street, to take into con¬ sideration the establishing of a Night Police, for the protection of our citizens during the coming winter. Daniel Leavitt, Esq., was called to the Chair, and M. H. Perley, Esq., requested to act as Secretary. The Chairman addressed the meeting, and explained its object to be the organization of a Volunteer Association of Freeholders and Freemen, for the protection of the City from Incendiaries. It was then moved by Mr. William O. Smith, seconded by Mr. James Mal¬ colm, and resolved unanimously—That the individuals now assembled form themselves into an Association, to be called “ The St. John Mutual Protec¬ tion Association.” Moved by Mr. Alexander Robertson, seconded by Mr. Edwin Ketchum, and resolved unanimously—That Messrs. William Hammond, Charles C. Stewart, William O. Smith, Thomas M^Avity, Michael Thompson, Robert Robertson, James Lawton, M. H. Perley, James Malcolm, Alexander Law¬ rence, Alexander Robertson, Robert L. Hazen, Charles Raymond, George Thomas, S. L. Lugrin, William Leavitt, Daniel Leavitt, and George A. Lock¬ hart, be managers of the Association, with power to add to their numbers. Moved by Mr. William O. Smith, seconded by Mr. F. Jordan, and resolved —That such of the members of this Association as may be required by the managers, do attend at the City Court Room every evening, to act as a Nightly Watch, and that one or more of the managers do attend to take •charge of the same. Moved by M. H. Perley, seconded by Dr. Gesner, and thereupon resolved —That the managers have power to frame Rules and Regulations for the government of the Association, and report the same at a meeting to be held at the Court House this afternoon at 5 o’clock. Alderman Porter stated to the meeting, that a list of most respectable names had that day been laid before the Common Council, of persons willing to serve as a Volunteer Watch. That the Common Council hailed the announcement with great satisfaction, and had ordered the City Court Room to be warmed and lighted every night, for the use of the Volunteer Watch, and that they would pay a Secretary if necessary. The Alderman lurther stated, that all persons enrolling themselves in the Association, would be & worn as Special Constables. 484 LOCAL OCCURRENCES, &C. A Watch for the night being called for, thirty citizens immediately volun¬ teered, of whom George A. Lockhart, Esq., was at the head. They were requested to assemble at the City Court Room, at 8 o’clock, p. m., where it was understood His Worship the Mayor would meet them and swear them in. The Chairman having left the Chair, Alderman Porter was called thereto, when thanks were voted to Daniel Leavitt, Esq., for his patient and gentle¬ manly conduct in the Chair, and to M. H. Perley, Esq., for his able conduct as Secretary. The managers were requested to meet this morning at 10 o’clock, at the Court House, for the purpose of framing Rules, and the meeting adjourned until this afternoon at 5 p. m., to receive the report of the managers. About 400 persons enrolled themselves at the meeting, and it was an¬ nounced that lists would be left for signature this day at Mr. James Mal¬ colm’s, W. O. Smith’s, Thomas M‘Avity & Co., and Robert Rankin’s, York Point.” This patrol continued for the winter—about 30 volunteers each night as¬ sembled at the Court House, and were detailed off into “ beats.” The Cap¬ tains of the respective divisions regaled the members at their private houses, with refreshments provided in the most sumptuous manner. Altogether the watchmen had a good time of it. But the movement had the desired effect —for no incendiary after that dared to show his hand. Died in St. John 30th November, Lieut. Alexander Thistlethwayte, of the 36th Regiment. He was buried with Military honours in the old Burial ground. Prince de JoinvUle at the Tomb of Napoleon. On arriving at St. Helena, the Belle Poule exchanged the customary salutes, and anchored in front of Jamestown. The morning after her arri¬ val, the officers of the ship commenced their pilgrimage to the tomb of the Emperor. As the Prince approached the spot, he suddenly stopped short under the influence of emotions not to be described. A violent palpitation of the heart succeeded, and for some time arrested his progress. Three flag stones, blackened by time, formed the simple monument of departed grandeur! a chain of white stone surrounded it, while pensees and immor¬ telles, planted by the fair hands of the Countess Bertrand, still bore testi¬ mony to the love that “ many waters could not quench.” A common iron railing guarded the whole. The body of Napoleon rested for a time under the shade of two weeping willows; now but one of them is left, and lay prostrate as the dead. An English Lady, however, Mrs. Dallas, had at¬ tempted to repair the loss by planting a small grove of the same kind, and the French gentlemen present breathed a prayer for that “ excellent woman,” whose heart, English though it might be, did not hesitate to honor the memory of the fallen Emperor. Here they all remained some moments on their knees, “a crowd of tumul¬ tuous thoughts choking their utterance.” Presently they arose, and the Prince walking around the Tomb, gathered a flower from near the head stone, and pressed the withered memorial to his lips. Nor was it outward show alone, but his heart spoke. The old sentinel who stood there was loaded with the contributions of the Prince and his companions. A tear started from the veteran’s eye, as a shower of Napo¬ leons fell into his doffed cap. 485 LOCAL OCCURRENCES, &C. They next visited Longwood, never a fit residence for the captive, and now utterly in ruins. The walls, the floors, the windows, were all decayed, the door created upon a single hinge. “ Here he lay,” said Bertrand, “ here he rested his aching head, here he drew his last breath.” Loud sobs fol¬ lowed these brief, but saddening exclamations. They alone broke the silence of the solemn scene. Birth of the Prince of Wales. The following order was issued by Colonel Maxwell. St. John, 8th December, 1841. District General Order.— The officer commanding the troops felicitates the army on the birth of a Prince of Wales, and directs that this joyous event be announced to the inhabitants of this loyal Province, by the firing of a Royal Salute at noon, upon the receipt of this order in the different gar¬ risons, and that the troops be under array to fire a feu dejoie on the occasion. By Command. (Signed) John Gallagher, Town Major. St. Patrick's Society , St. John. At the Annual Meeting of the St. Patrick’s Society, held on Tuesday even¬ ing at the St. John Hotel, the following gentlemen were chosen Office-bearers for the ensuing year:— William End, Esq., Q. C., President , Mr. William Parks, Vice-President , Mr. William Hutchinson, Treasurer , Mr. William Mills, Secretary , Mr. Thomas Magee, Assistant Secretary. ^*“Hon. W. B. Kinnear, St. John, City Recorder—1841. The Princess Boyal. The following is from an English paper:— “ Express from Windsor. —Last evening a most diabolical, and it is to be regretted, successful attempt, was made to kiss the Princess Royal. It ap¬ pears that the Royal babe was taking an airing in the park, reclining in the arms of her principal nurse, and accompanied by several ladies of the Court, who were amusing the noble infant by playing rattles, when a man of fero¬ cious appearance emerged from behind some trees, walked deliberately up to the noble group, placed his hands on the nurse, and bent his head over the Princess. The Hon. Miss Stanley, guessing the ruffian’s intention, earnestly implored him to kiss her instead, in which request she was backed by all the ladies present.” The St. John Post Office has been removed to the corner of King and Germain Streets for the present. We understand that after the new Custom House is completed, it is to be removed to that building. 486 LOCAL OCCURRENCES, &C. 1842 . A Prediction . In the year of our Lord 1870, the Throne of England will be occupied by Edward VII. Mark our words, and see if we do not turn out to be a good prophet. The first part of our prophecy will be fulfilled as soon as we learn that the Prince has been baptised Edward—the latter part will be fulfilled in due season; we must only have patience and wait until it comes to pass. Should our prophecy turn out correct, we shall then prophecy something else, for the satisfaction of our readers, who, by the way, will all be pretty bald-headed by that time. In what way the above idea ever got into the Editor’s head, he is unable at this time of day (1867) to state. Enterprise in St. John. The Morning News gives the astonishing fact that the scene of the late conflagration is nearly all built up again! It is but little more than a month since the fire took place, and the rapid erection of new buildings is but another example of the spirit and unconquerableness of the business men of the sister City. We only wonder how they stand it! One or two such fires would ruin Halifax; the sites of the houses would lay vacant, perhaps, for years; but no sooner is a block burnt down in St. John, than they turn to, as a matter of course, if not of necessity, and up goes another range, as if by magic —Halifax Post. Elour in St. John $9 25 per barrel. ^”The new Governor General of Canada, Sir Charles Bagot, arrived at New York from England. Extract from a Lecture delivered by Dr. Bobb , before the Mechanics' Institute , January 1842, on “ Atmosphere .” The climate of St. John was very peculiar, and he would suggest whether that Institution should not co-operate in endeavouring to obtain informa¬ tion. Temperature, as he had before remarked, was a most important element of climate, for everybody knew that the climate of any place de¬ pended upon its latitude. But though latitude exercised the greatest, it did not exercise the only influence; longitude and altitude must also be taken into consideration. Those then were the three great co-ordinates which were to be investigated. The climate of Norway was very peculiar. Corn grew there in 70° north latitude, though there was nothing but ice and snow in the same latitude in Asia and America. In England the mean tempera¬ ture is 10° higher than in North America. St. John and Fredericton were about the same as Stockholm and St. Petersburgh. The low temperature of the American continent must be ascribed to its great breadth. Climate of the east and west side of the Rocky Mountains explained. The winter at Nootka Sound is exceedingly mild, and does not come on till the middle of January, yet this place was rather more north than south of St. John. Pro¬ bably this might be occasioned by the neighbourhood of the Pacific Ocean. 487 LOCAL OCCURRENCES, &C. The temperature of Windsor, and other parts of Nova Scotia, was so high that he had been afraid to mark it down; indeed, ploughing had been known to take place in Annapolis as early as January. It was always colder on the east than on the west side. At Fredericton they had the summer of Milan, and the winter of St. Petersburg. The difference between oceanic and continental climates explained. He (Professor R.) was inclined to ascribe the great salubrity of oceanic climates to their invariableness. Variable climates were found in London, Paris, and Brussels. The Ameri¬ can climate must be called excessive. The greatest range is always found in land climates. Climates which correspond in severity with North Ame¬ rica, are to be found far in the interior of Asia, and on the west side of the great eastern hemisphere. At Pekin, in China, the winters are like in Hali¬ fax, and the summers like New Orleans. There are some places on the face of the earth, which are much colder than either the most northern or most southern part, owing probably to magnetic attraction. Altitude is another great modifier of temperament. Progression of climate materially affects man and his capacities. In temperate climates he cultivated those pursuits which do not require the whole faculties to be drawn out; but in colder ones, he is more stirring and vigorous, until we come to the frozen regions, which are inhabited by a diminutive race. The climate of St. John is a coast climate : it is characterized by a com¬ paratively limited range of the thermometer, and by frequent changes. These are the peculiar attributes of an internal climate. The extreme range at Fredericton is greater than at St. John. Last year there were seven months of winter at Fredericton. A river breaks up at a mean temperature of 39 or 40 degrees. Hardwood trees push out their leaves and flowers at 51° and 52°. Wheat grows at about 45° or 55°. The best kind of seed for the New Brunswick farmer is that obtained from the north, rather than from the south. It is rather owing to the want of skill, capital, and drain¬ age, than to the shortness of the season, that failures of crops in the Pro¬ vince are to be ascribed. There is great encouragement then for the New Brunswick farmers to persevere. It must be quite obvious that drainage— or the draining of cold water from the soil—should be the first thing to be attended to. The leaves of trees and plants require more water than the roots, which are in a torpid state. Manure should be spread above, and not below the roots, in order to draw the shoots upwards. In speaking, how¬ ever, of the influence of soil, and the presence or absence of ice, Professor Robb said he should be obliged to pass them over for want of time. Impure air in the atmosphere is caused by the decay and decomposition of vegeta¬ ble and animal matter, which originate epidemics, agues, and fever. But these are not the only causes of disease, for in Africa fevers are always pre¬ sent. The lives of plants are consumed in absorbing and evaporating mois¬ ture, and little doubt can be entertained but that vegetation gives rise to coldness in the seasons. Spring comes on much earlier in a well cleared than in a wooded country; in the former the summer is not so hot, but it is more clear, there is more rain, but less snow. The climate of England is much altered for the worse; in China, however, it was said, no change had ever been known. All climates are consistent, and though they may appear variable to us, life is too short, and the period required for making observa¬ tions too long, to allow of one perceiving their uniformity. 488 LOCAL OCCURRENCES, &C. January 28th—the boiler of the steamer “Experiment” exploded, while lying at the end of the North Market Wharf—by which accident seve¬ ral lives were lost. George Blatch, Esq., who was standing near the end of the wharf, received such severe injuries that his life was despaired of. This gentleman is now (1867) Clerk of the Circuits for St. John County. Startling Facts. We are informed that there are at present upwards of 4,000 individuals in St. John, depending upon public charity for support; and that 600 indivi¬ duals are on the limits—unable to meet their debts. Goodness knows what we are coming to! If the times do not soon alter for the better, we will be like the shipwrecked mariner—be obliged to turn to work and eat up one another, for food. Lost Children found. In a previous number we alluded to two children, as having been lost in the woods at Dartmouth. We learn from the Halifax Post that the unfor¬ tunate innocents were found on Sunday last about seven miles from their home. They were lying locked in each others arms, and in the embrace of death. Yet, even so, the afflicted parents will feel thankful that Christian interment can be given to their dear children. Mortality in one Begiment. The 36th Regiment, which sailed yesterday from St. John for England, has been absent from home twelve years. While in conversation on Satur¬ day with a gentleman belonging to the Regiment, we learned among other curious things, that only 40 men out of 700 returned to their homes, after an absence of only twelve years. Great Mortality among the 52nd Troops at Fredericton. We learn-from our Fredericton Agent that the troops are dying off very fast. On Thursday the bass-drummer died; on Friday the Quartermaster ; and on Saturday two privates. We had no idea that the climate of Freder¬ icton was so fatal to the troops in Garrison—but, perhaps, they contracted some disease before their arrival in the Province, and it is only now that it is beginning to manifest itself. Salmon selling in St. John Market (June 22nd) at 2s. lOd. each. Snow in Summer. Last Friday, June 20th, (says the N. Y. Sun,) it snowed all day at Ben¬ nington, Vt., and on Wednesday night thick ice formed there. Ice also formed at Rochester last Friday night; and the Catskill mountains were covered with snow. On Saturday it snowed in and about Springfield, Mass. The hour of evening service in Trinity Church, St. John, changed from 7 to 6 o’clock. 8®““ Upwards of 7,000 Emigrants arrived in St. John from April to July, 1842, nearly all of whom left for the United States. 10CAL OCCURRENCES, &C. 489 Loss of Life in the Harbour of St. John. * b ® C ° mes P ai,lful du ‘y this morning, to record a most melancholy ioss of life, which took place in our harbour yesterday afternoon-no less an ten individuals met with a watery grave. The ship Silkworth, which a :r C Vr' G , fr0n \ C0rk °" Thursday ’ with passengers, has been lying down the Island; and it appears a number of the emigrants undertook, about o clock yesterday, to come up to town to join some of their friends. Ac¬ cordingly they jumped into the ship’s long boat for that purpose. It was very oggy at the time; and when they had got up about off the new Custom House, they very unexpectedly fell in with the Ferry Boat, which was cross¬ ing over from Carleton at the time. The passengers beeame alarmed, as they expected to be run down, and in their confusion upset the boat, when she immediately swamped and went down, leaving the passengers strug¬ gling in the water. We are informed by one of the steamboat hands that it was an awful sight to witness the women and children struggling for life_ their shrieks were truly heart-rending. The steamer at once stopped her paddles to render assistance. Several boats put off from the shores, on both sides of the harbour; and between them all succeeded in rescuing ■about eight of the unfortunate emigrants from a watery grave. Disgraceful to our City . Our streets (in St. John) last evening, presented a truly disgraceful scene of noting ; and of such a magnitude as we have been seldom called upon to witness. It appears that a party ribbon, well known in Ireland, had been hoisted on a flag-staff, in rear of the City, which gave offence to certain individuals belonging to an opposite party, and they accordingly pulled the staff down. The owner of the premises, at this piece of daring, became ^uite indignant, and threatened death to the rioters. He was prevented however, putting his threat into practice, which he most assuredly would have done, had it not been for some by-standers. This party-feeling which had been stirred up in the morning, continued to wax warm through the day, and at half past six o’clock it broke forth like a volcano. On looking out of our office window, we beheld a dense crowd collected near the St. John Hotel; there could not have been fewer than 1000 persons—some hooting and yelling and screaming at the highest piteh of their voices, in the most deprecating terms, and making use of epithets on party character , truly dis¬ graceful to hear. On going up the street, and reaching tlie crowd, we found it in a perfect state of commotion, as if all the evil spirits of the City had got into its midst; some were striking, others were defending themselves; torn shirts, black eyes, and bloody noses appeared very conspicuous, and alarmingly frightful; the more peaceable, were for getting out of danger as fast as they could, while the curious—like ourselves—to know what all the trouble was about, were running into it, so that between the scramblers to get out, and the scramblers to get into the crowd, the scene that presented itself was one of indescribable and awful confusion. The crowd now moved down King Street, en masse, and suddenly turned off into Germain Street, and back again into King Street, fighting and yelling as they moved along. The Mayor and several of the Magistrates, and also officers M‘Geachy and Btockford, appeared to be the only force arrayed against the rioters, but they performed their parts manfully. As soon as any of them would arrest 62 490 LOCAL OCCUKKENCES, &C. an offender whom they singled out, it was a signal for a fresh outbreak of violence; the depredators would then rush to the rescue, and carry every thing before them by main force. On reaching the foot of King Street, the mob turned off into Water Street, where one of the rioters was arrested, and handed over to Alderman Peters—who conveyed him up the Arcade steps into Prince William Street. The mob being unable to force its way through this narrow defile, broke ground and divided—some running one way, and some another, to get into Prince William Street by the nearest route, for the purpose, apparently, of rescuing the prisoner. By this time the Aider- man was conducting his prisoner up Church Street, on his way to jail; and as soon as the mob united again, the same disposition was shown for rescu¬ ing ; but the Mayor and several gentlemen interfered most stoutly, and pre¬ vented, as much as possible, the crowd following up Church Street—con¬ sequently, the prisoner was finally lodged in jail. Two others were also conveyed there, by other hands—where all three now lie awaiting their trial ; and we trust such an example will be made of them as will be the means of preventing, for the future, any more such disgraceful outbreaks caused by the ebullition of party feelings. Meeting of the Magistrates of the City and County of St. John. A special meeting of the Magistrates, convened by direction of His Ex¬ cellency the Lieutenant Governor, was holden at the Court House on Mon¬ day, (July 27th,) to take into consideration the state of the people—and what means could be adopted—to relieve the distress of those unemployed. A large number of Justices attended, and after much discussion and various suggestions made, the following resolution was unanimously passed:— “ Besolved unanimously , That this Board regret to learn from His Excel¬ lency’s Circular, that so much distress exists in various parts of the Pro¬ vince ; that in the City of St. John it prevails to a great extent, but the Jus¬ tices have no available means to meet any extraordinary emergency which may arise for supplying the wants of the unemployed poor; that they view with much alarm the present year’s assessment in the City and County of St. John, amounting for various purposes to the enormous sum of £8,000, besides an unrealized sum of about £3,000 yet due for the past year, and thereby inducing the apprehension that those taxes, although short of what must be requirred, will only be partially collected; that any pledge of the City and County credit for repayment of a temporary loan, it is considered, would, on the part of the Sessions, be illegal; and if it were not so, under the present universal embarrassment of the mercantile community, they think there is not a possible hope of obtaining the aid of funds by Local Loan. The Justices are therefore of opinion, that if distress so generally pre¬ vails as His Excellency’s Circular induces them to believe, the relief will not fall within the province or power of the Sessions, but is rather a matter which can only be provided for by Legislative enactment.” New Church Opened. The new Church in the Parish of Portland, (Yalley Church,) was opened on last Sunday, for the first time. The Church—which, by the way, is pleasantly situated, and very neatly fitted up—was crowded to excess. The Rev. the Rector gave a very eloquent and appropriate discourse, taking his text from Psalms xxvii—4, 5. We are informed that all the pews down¬ stairs are to be handsomely lined before being sold, and that the up-stairs seats are to be all free. LOCAL OCCURRENCES, &C. 491 Steamboat Opposition . The Huntress and North America—which have become rivals for the con¬ veyance of passengers between this Port and Boston, both started yesterday morning on a pleasure cruise to Eastport, taking passengers at five shillings each; they were considerably stocked with ladies and gentlemen belonging to this City, perhaps two hundred between them. Our Steamers in 1842 only went as far as Eastport, and were there met by a Boston Steamer, to which was transferred freight and passengers. Now (1867) three Steamers run between St. John and Boston, averaging perhaps 250 passengers a trip. Saint John August Circuit . His Honor Justice Parker delivered a most excellent charge to the Grand Jury, at the opening of the Court on Thursday last. He adverted particu¬ larly to the riot in this City on the 12th ult., and strongly condemned the exhibition of that peculiar description of party feeling which has been the bane and curse of Ireland. His Honor earnestly recommended the cultiva¬ tion of unanimity and brotherly love, and deprecated the necessity or expe¬ diency of any party association of a political nature in this country. The learned Judge strongly enjoined all respectable persons having the least weight and influence in Society, to discountenance party feeling, for His Honor well observed that the Province had “ progressed for half a century and more, in moral and social improvement, before the demon party was known, and it was to him a source of the deepest regret to be apprised of political and religious feuds being introduced in the land. The sacred name of religion was desecrated by the connection.” Expense of the Canadian Insurrection . Amongst the Parliamentary papers just issued is the following:—‘‘Esti¬ mate of the further amount that will probably be required for the year ending 31st March 1843, to defray the expenses of the service in Canada, consequent upon the late insurrection in that Colony, for pay, clothing, &c. of Militia and Volunteers, £108,000.” Fashionable Movements . Prince Murat, son of the ex King of Naples, who arrived here yesterday in the Acadia, en route for Europe, was on the race ground yesterday in company with His Excellency Lord Viscount Falkland. His Excellency Lord Falkland will shortly remove to the Commissioners* building, in the Dockyard, to remain there while the Government House is being painted and fitted up by the Commissioners of Public Buildings. Sir Charles Adam, Vice Admiral of the White, now at Halifax, will shortly sail for Canada, on a visit to the Governor General.— Halifax Post . ggp*” At the fifth annual meeting of the St. John Sacred Music Society, held on Wednesday evening the 3rd instant, the following Gentlemen were chosen ofllce bearers for the ensuing yearMr. Alexander Lawrence, Pre¬ sident; Mr. Z. Estey, Vice-President; Mr. L. H. Waterhouse, Secretary; Mr. George Whittaker, Jr., Treasurer; and S. K. Foster, Esq., Conductor; ~ 492 LOCAL OCCURRENCES, & a P~ To be First Lieutenants —2nd Lieutenant Charles M^Lau^hlan vW 29th August 1842; 2nd Lieutenant CharlesMerritt M‘Millan left the Province, 30th August 1842. S Merntt » Mce To be Second Lieutenants— William Carvill Gpnt moted, 29th August 1842- Henrv T Chnhh rw’ J 10 ® ^‘Laiichlan. pro- SAWS ^oL G n n nT% William Warwick, Gent., 2nd September 1842. ° ’’ 11 September 1842 » Au C g ri n 84l h0ma3 B - MiUidge t0 be Adjutant > vice St «et promoted, 29tb 2nd Battalion , Kent. lame a neL B mh a Sust D 18 0 42 be Lieutenailt ’ vice C ^rles Sevret, retired from By Command . George Shore, A. G. M. 5®“The “Ashburton Treaty,” (so called,) on the North Eastern Boun¬ dary dispute, completed between Great Britain and the United States. Death of Captain the Son. J. H. Pery, of Her Majesty’s 30 th Beat. Thm gallant Officer died at 12 o’clock on Saturday night, at his residence ^ occupied by Major Locke, of the Royal Artillery,) after an illness of about two months. Captain Pery was 29 years of age, and was next brother to the present Lord Glentworth, and son of the late Lord G^entworth he was grandson of the present Earl of Limerick. This young man h^ 493 LOCAL OCCURRENCES, &C. down to the grave in the prime of life, and cut off from all the honors that were in store for him, universally lamented by his brother officers. “ He w r as one of the most unassuming amiable young men”—says a brother officer, and intimate friend—“ that I have met with in the course of a long service,” and his premature death has cast a melancholy shadow over the spirits of all the gentlemen in the Regiment, amongst whom Capt. Pery was a general favourite. 1-Ie was interred in the old Burial Ground. Supreme Court.—Michaelmas Term, 6th Victoria, 1842. Andrew C. Black, James A. Harding, Thomas T. Wyer, William C. Hare, Allan A. Davidson, James P. Wetmore, Edward H. Wilmot, A. M., Gentle¬ men, Attorneys of this Court, are admitted, sworn and enrolled Barristers. William M. Howe, A. B., an Attorney and Barrister of the Supreme Court for the Province of Nova Scotia, having produced the requisite Certificates, and having been examined as to his fitness and capacity, is admitted, sworn and enrolled a Barrister of this Court. William Henry Shore, Gent., Master of Arts, and Charles Doherty, Soli¬ citor of the Court of Chancery, and Attorney of the Supreme Courts, Ireland, having produced the requisite Certificates, and having been examined as to their fitness and capacity, are admitted, sworn and enrolled Attorneys of this Court. Death of Chief Justice Bloicers , aged 100 years. The Hon. Sampson Salter Blowers, we learn from the Halifax papers, died on Tuesday last, at the venerable age of 100 years. He was formerly, and for many years, Chief Justice and President of the Council of Nova Scotia. He was buried on Friday last. The St. Patricks Society. The St. Patrick’s Society of St. John held a meeting on Wednesday even** ing, the 2nd Inst., to express their feelings of approbation on the re-instate* ment of their countryman, the Hon. Thomas Baillie, to the offices of Sur¬ veyor General and Commissioner of Crown Lands in this Province. A reso¬ lution, couched in language to such effect, w r as unanimously passed, and the President, Wm. End, Esq., was authorized to communicate the same to the Hon. Mr. Baillie. The following is a copy of the letter:— • St. John, Nov. 3rd, 1842. My Dear Sir ,—I need not say that I am happy in communicating the en¬ closed Resolutions. I witnessed, and, in some degree, resisted the advance of those who attempted, and thought they had achieved your ruin. But it is as Irishmen, not as politicians, that the Society have addressed you. They (and, I trust, all Irishmen) have seen with regret, that few, indeed, of our countrymen have attained any post of honor or emolument in New Brunswick. None in its Executive Council; you alone in the Legislative; Dr. Wilson and myself, a small proportion, indeed, among the thirty two members of the House'of Assembly; one Sheriff; one Clerk of the Peace; four or five Magistrates in nearly that number ol hundreds who are honored by the Queen’s Commission. Your removal from office was, therefore, lamented as affecting our national pride. We rejoice at your return. Believe me, my dear Sir, yours truly, William End. Hon. T. Baillie, Surveyor General and Commissioner Crown Lands. Mr. Baillie’s Reply is merely an echo of the above. 494 LOCAL OCCURRENCES, &C. Removal of the Custom House Offices. The old building, long known as the Custom House, was evacuated on Saturday, by the Collector and the various Officers on his List. The new Custom House, erected by John Walker, Esq., is to be the quarters in future. Getting Lost in the Woods. A young woman, named Elizabeth Thomas, left Halifax on the 16th ult., to visit her parents who resided at Sambro, about twenty miles distance, we believe. On her journey she strayed into the woods, where she sus¬ tained life for seven days, by sucking ice. She was at last discovered by two boys, to whom she made known her sufferings; but, boy-like, they paid no attention to her. They informed their parents of the affair at bed time. Next morning, Mr. Brunt, father of the boys, went in search of her, when she was discovered in the large crevice of a rock, scarcely alive. She was shortly after removed to Mr. Brunt’s, while he went to obtain his horse, to convey her to the house of his parents. During the time of Mr. Brunt’s absence, obtaining a horse, the father of the unfortunate girl arrived in search of her. She was taken home from Mr. Brunt’s, where she remains under the Doctor’s hands. Amputation of one foot, it is thought, will be necessary, as it is so severely frost bitten. She is 17 years of age. The Governor General’s (Sir Charles Bagot) health, by last advices from Canada, was in a very precarious state. It is said that he will imme¬ diately proceed to England, and that Lord Elliot, Chief Secretary for Ire- land, will probably succeed him. 1843 . Tub Lectures at the Mechanics’ Institute (St. John) for January, will be as follows :— January 6th and 9th.—Professor Jack, of King’s College, Fredericton, on the Properties of Matter.” llth and 13th.—Mr. George Roberts, Principal of the Collegiate School Fredericton, on “ Acoustics.” 16th.—Mr. George Blatch, on “ Common Errors.” 18th and 20th.—Mr. M. H. Perley, on “ the Rivers of New Brunswick.” 23rd and 25th.-Mr. George Blatch “ A philosophical dissertation on History, and incidentally on the Ottoman Empire.” 27th.—Dr. R. Bayard, on “ the Philosophy of Health,” in continuation. 30th. Rev. Mr. M‘Gregor, on “ Philosophic Attraction.” Repeal. A meeting was held one evening last week in Halifax, to take into consi¬ deration the repeal of the Union, (Irish.) Reform Supper. On the 10th January the friends of Isaac Woodward, Esq., one of the can¬ didates for the House of Assembly for the City of Saint John, met together 495 LOCAL OCCURRENCES, &C. at the Brick Building in Germain Street, head of Church Street, then occu¬ pied by Mr. Thomas Gard. It was one of the finest and most influential Festivals ever held in Saint John, attended by several “leading citizens,” and rising politicians, some of whom have long since made their mark in the Legislature, at the Bar, upon the Bench. Dr. Wm. Livingstone did the honors of the Chair, and in a manner that made the company individually happy and agreeable one towards another. The Doctor was selected for the post, from having been at that time the leader of the Reform movement in Saint John. For a long time he conducted one of the morning papers, and his writings were scathing to every political delinquent who happened to incur his hostility. He was, without exception, the most off-hand, ready writer of the day in the Province. His editorials were mostly written after midnight, when his professional toils of the day were over. Perhaps no private gentleman in Saint John, ever did more in the cause of civil, religious, and political liberty, than Doctor Livingstone. No man in the Province has deserved higher political promotion from the Reformers of New Brunswick. And yet no man has received less Government recognition for all that has been done by him for the country. In saying this much, however, the writer is not presuming that the gentleman in question ever expected, much less asked, for a favour at the hands of any politician. But this the writer will say, that the first appointment that was made to the Legislative Council, after the Liberals went into office in 1855, and had an opportunity of doing justice to a man of tried stamina, should have been Dr. Livingstone, of Saint John. Further reasons in support of this assertion will appear in due time in the second Volume. On introducing the leading toast of the evening, Dr. Livingstone remarked that he felt well satisfied that every one present would heartily join with him in pledging a bumper on the present occasion. For while we contem¬ plate the grandeur and power which surround the British Throne, we cannot but feel proud of our country, and that doubly so when we recollect how British power and British sway are exercised in the remotest parts of our boundless Empire, and on which the sun never sets. And yet, all this un¬ limited power centres in the hand of one amiable and youthful female, who exercises all the important functions of sovereignty with that superlative dignity and justice which claim for her the admiration and wonder of the civilized world:—yet, independent of all these weighty cares which rest upon her brow, she also shines the brightest star in the domestic wreath of England’s lovely women! « May heaven long bless, prosper and protect our beloved Queen Victoria, and Her Royal Consort.” The toast was drank with nine times nine real British cheers. Sir Wm. Colebrooke {Lieut. Governor.) In the course of an excellent speech, made at the above Festival, M. H. Perley, Esq., thus alluded to Sir Wm. Colebrooke, on His Excellency s health'being drunk:—“ He rejoiced to find that the talents and experience of Sir Wm & Colebrooke, were beginning to be understood, and duly appre¬ ciated in New Brunswick. As all the gentlemen present might not be aware of the long services of Sir William, he would take the opportunity of men¬ tioning, that His Excellency commenced public life as an Artillery officer, 496 LOCAL OCCURRENCES, &C. and having been in active service against the enemies of his country in the East, had risen to the rank of Lieutenant Colonel. That for many years past he had been engaged in the civil service of his Sovereign, first as a Com¬ missioner for reforming abuses in Ceylon, and at the Cape, and subsequently as Governor of various Colonies, both in the East and West Indies. During his long service as Governor in various climes, and under every variety of circumstances, His Excellency had gained great experience in Colonial go\ernment, from the opportunities of observing the practical working of different systems, and the several advantages of each. To this well earned experience, Sir William added a thorough knowledge of the true principles of the British Constitution, and an intimate acquaintance with the Common Law of England; and as a professional man, Mr. P. would say, that he had not met with any person, who had so thoroughly mastered the Common Law, and its history, as Sir Wm. Colebrooke. It had been alleged that Sir William was a mere theorist, a visionary, who sought to experiment upon the Province, but such was far from being the case; Sir William sought to confer upon New Brunswick, the advantages of the experience gained in other Colonies, by introducing into this, the true principles of the British Constitution, and carrying them into practical operation . Heretofore, these principles, though well known and acknowledged, had not been acted upon ; henceforth they would be adopted as the rule of conduct, and rigidly carried out.” The Fishery Draft . There was great excitement on Monday, at the City Court Room, on account of the drawing of the Fishery Draft. The room was crowded nearly all day—all hands were lookiug out for No. 1; but unfortunately only one got it, and that one was Mr. Thomas, one of the Branch Pilots. Like Jacob Faithful, the disappointed ones thought to themselves, no doubt, “ better luck next time.” We will sell our own number to any one who chooses to buy it—and give credit for the payment; it is about 1100. Now’s the chance for some fisherman who wants a high number, upon reasonable terms. OPINIONS OF THE PRESS, ( From the Carleton Sentinel. ) * * * That a history of the stirring events of this Province during the past twenty five years, in which time the great struggles for constitutional reform have been made, and with evident success; if well written by a man conversant with the subject, and having the ability to present the facts in a manner intelligent and attractive, neither too cumbersome on the one hand, or too glib and careless on the other, will meet with a hearty welcome throughout the Province, there can be no doubt. Mr. Penety certainly pos¬ sesses ability of the character described, as he has shown in the number before us. His life during a large part of the time of which he writes was spent conducting the News , Saint John, a recognized leader of public opinion on political questions, and therefore he possessed unusual advantages for obtaining information on the events of the times, as well as understanding how the political machinery of the Province was worked, whether by seen or unseen hands. Having now retired from the arena of active politics, Mr. Penety can look upon the notes of the past with a judgment not biassed as it may have been wiien those notes were jotted down; years which make men naturally more conservative may have mellowed down convictions at one time perchance ultra. We therefore look for a continuation of the book as promising to be a most desirable “reminder” for the old politicians, a hand-book for the student of Provincial politics, and valuable and interesting: study for readers generally. ( From the Head Quarters. ) We have before us the first number of Mr. G. E. Fenety’s proposed work— that has been advertised for some time past—“ Political Notes and Observa¬ tions,” being “ a glance at the leading measures that have been discussed in the Assembly of New Brunswick” under four administrations. Our first impression of this work is decidedly favorable, and first impressions, pro¬ verbially, go a great way; its appearance is very attractive. Mr. Penety, from his long connection with the Press of the Province, his experience as a critic of public events and as a writer, his intimate knowledge of the events he narrates, the material at his command, together with his natural shrewd¬ ness and ability—comes to his task well prepared to execute it satisfactorily. Some time retired from the heat and hurry of his former life, out of the tur¬ bid and exciting flow of political movement, he can bring calm judgment and mature reflection to bear upon the work he has undertaken, and is now better able to estimate the bearing and magnitude of events that were the engrossing topics of his more active days. It is, it must be confessed, a very nice task to narrate events within the memory of many now living, some of whom were prominent actors in the play, without wounding susceptibilities and arousing the, perhaps, not yet extinct embers of party fires. It will require judicious handling, 'which need not, however, impair the force or the broad truth of the narrative. Mr. Penety, we should think, is far too shrewd a man to allow any party predilections to get the better of OPINIONS OF THE PRESS. 111. his judgment, and lie must know that Tigid impartiality and comprehensive¬ ness are what will give real value to his book. The work is intended to furnish rather a manual for the student of Provincial politics than a sys¬ tematic history, to collect the materials rather than to construct the work. Though its scope is modest, it will not the less be interesting and valuable. As it is, as far as we know, the first venture of the kind that has appeared in New Brunswick, and as this Province has not been prolific in literary enterprise, Mr. Fenety’s book ought to be warmly received and kindly criti¬ cised. The book must live by its inherent merit, but merit is not sufficient for success, it must have an encouraging reception. We hope that it will have it from all parties. The publication of these “ Political Notes and Observations ” at this junc¬ ture, is, we cannot help thinking, well timed. At this period, when the Province is entering upon an untried stage of existence, it is interesting to look back upon its political progress within the last quarter of a century, and in that view the present position of affairs appears the natural result of what has gone before. * ********** The first number of the 4 ‘ Political Notes” contains a great amount of interesting matter, such as the agitation for the surrender of the initiation of money grants, the fixing the qualifications of members ol the Legislative Council—measures that prepared the way for Responsible Government— the state of the Crown lands, of the revenues, the establishment of the Provincial Association for protection to the manufacturing and agricultural interests of the country, &c. The account given of the address of the New Brunswick Legislature, which was supplemented outside by addresses from several constituencies of the Province, to Sir Charles Metcalf, Governor General of Canada, in support of his high exercise of the prerogative, and against the advice of his Council, after the first introduction of Responsible Government into that Colony, and the political movement that flowed from it, is very interesting. Besides showing the stronghold that the old system of Government had in this Province, which was the last to move and the hardest to move, in the path of this so called reform, this transaction proves, we think, how men in the hurry of political movement hardly ever stop to think or calculate the result of their actions, and also how a cool and wary politician can turn adverse circumstances to profit, and take advantage of the short sightedness of their opponents. But we must refer our readers to the book itself. ( From the Church Magazine . ) The first number of this useful and interesting work gives evidence that should a sufficient number of subscribers be obtained to warrant the pub¬ lication of the twelve succeeding numbers at present contemplated, no better record of the kind is likely to see the light in this Province. No one else can have in his possession the same indispensable facilities for prosecuting this particular political history of the Province for the past twenty five years. But there is, it seems to us, in the appendices to the chapters “embracing a notice of all important local occurrences,” a still more interesting and valuable collection of facts, which but for Mr. Fenety’s enterprise and patient industry, would most likely have been lost to us $ and we trust that should he be obliged for want of sufficient encouragement to abandon his present project, which must of necessity involve a considerable pecuniary outlay, he IV. OPINIONS OF THE PRESS. may be induced to give us in some other shape what he intended to publish in the appendices, so that the events of past days may be preserved for our¬ selves now, and for those who may come after us. ( From Stewart's Literary Quarterly Magazine . ) * * * ^ ie general scope and plan of the work is sufficiently simple. It is in effect a history of the rise and progress of Responsible Government in New Brunswick, and if the author’s intention of bringing the work down to the present day is carried out, it will undeniably form one of the most interesting and instructive books ever offered to the people of this Province- As we recede from the period when the old system flourished, when the antiquated ideas that the many were made to be governed and the few to govern prevailed, when a close oligarchy opposed itself to that policy of progress combined with economy, which has become the Alpha and Omega of our politicians, it is more difficult for us to realize the abuses of the old order of things or appreciate the advantages of the new, unless some work such as the one before us, is at hand, to serve as a mirror of the bygone times. A new generation has grown up since the downfall of the old system, and one much more eager to look forward to the “promise oi the future’’ than recall the abuses of the past. The author of this book brings to his aid many advantages for the task he has undertaken. For a quarter of a century he was an active worker in the same political field in which the advocates of Responsible Government toiled. He conducted the leading newspaper of his party throughout that period, and he is able to recur to the leading events and characters who figured in that portion of our history with the vivid recollection of personal familiaritv ******** In the days when the Liberal party of New Brunswick were fighting the battle of freedom, Mr. Fenety uttered no uncertain sound. Indeed the coun¬ try can never repay him all that it owes him for his public services. * * * His record as a politician and a public man, during the twenty odd years that he was before the people of New Brunswick, is most creditable to him as exhibiting great integrity of character and political consistency. ******* In his preface, the author disclaims all feeling of partizanship in reference to the subject of which he treats; but, unless we are greatly in error, he will find it all but impossible to keep his promise. Nor are we among those who believe that the quality of thorough impartiality is a necessary one in such a work as this. Keponsible Government is now fixed on a secure basis and no one pretends openly, to deny its excellence—although, no doubt some of the dethroned families secretly long for a return of the old system. This being the case, it would add nothing to the value of this book, and probably diminish its interest considerably if it was written in the cold blooded and impartial style of Hallam. Fortunately, however, for his undertaking, the author has either not attempted to carry out or has entirely forgotten the pronnse in his preface-for the introductory chapter which describes the p ltical state of the Province before the agitation for Eeponsible Govern- conmenced, is so powerfully written, and in a strain so much more Sihle eSS °, adV0Cate thau the char ge of a Judge, that it is impos- the old svsLTn • ( ead 14 wlthout experiencing the liveliest indignation at the old system and its supporters. This is not precisely the effect that the soberness of history” of which the author speaks is calculated to produce OPINIONS OF THE PRESS. V. —although, we regret to see him use so unmeaning a phrase: “ the sober¬ ness of history,” being merely a hackneyed conventional apology for the dullness and incapacity of historians. When another number of Mr. Fenety’s work is before the public, we will be able to enter more fully into a study of the times of which he writes, and furnish an article which will both edify and amuse our readers. But we cannot now take leave of this work without expressing the hope, that its reception will be sufficiently favorable to justify the immediate and speedy issue of the remaining numbers, and we trust that it will prove as remu¬ nerative to the author as it is likely to be valuable to the public at large. ( From the Sackville Borderer. ) We have much satisfaction in recommending to the intelligent public the above titled volume, one of the earliest numbers of which we have, through the courtesy of the Editor, been able to lay upon our table. We would deem it almost needless to do more than mention the fact of its publication, in order that its sale might be large, and its merits appreciated by all who take an interest in the political history of the Province, particularly when it is introduced under such a name as that of Mr. Fenety, so long and widely known in connection with the Newspaper Press. But at such an interesting epoch in our history does it come forward, and such a vacancy does it promise to supply, we feel it our duty to speak more at length concerning it than we otherwise would. The number before us is but the first of a series contemplated by the author, and contains, besides the Preface and General Introduction, four Chapters, which lucidly and impartially (we think) set forth the state and history of the Province from 1841 to 1844, describing in lively and piquant style the early struggle for the constitutional form of government we at present enjoy, and containing a large amount of valuable information, to be found no where else without considerable trouble and out¬ lay. Of course, from the fragmentary character of the present number, we are not in a position to pronounce satisfactorily upon the whole design, yet we do feel authorized to assert that if succeeding numbers equal in design and execution the one we have just perused, the thanks of all the sons of New Brunswick are due Mr. Fenety for his labours in its authorship. Confedera¬ tion concludes the separate history of New Brunswick, and henceforth her political horizon extends far beyond the boundaries she has been accustomed to look upon in the past, yet this ought not to lead any of her children to neglect the study of her former history, which, although pertaining to but small numbers of people, has been as exciting and has called forth as many examples of heroism, virtue and eloquence, as that of any similar country in the world. With the first struggles for Responsible Government Mr Fenety’s book begins, and it will close with the inauguration of the “New Dominion,” under which the Province assumes new relations and sets out in a new and yet untried pathway. Within this brief period, and within the narrow boundaries of the Province, a vast mine of interesting incidents has been concentrated; and if the forthcoming numbers unfold these in their order of importance and interest, we predict, when the publication shall be completed, not only a valuable political text book for our young politicians and states¬ men, but a most readable and agreeable volume for all classes of society. The author has divested himself of all partiality, and his aim is not to pro- VI. OPINIONS OF THE PRESS. duc€ a distorted and one sided view, but one broad and -comprehensivenot to tell what in his opinion ought to have been done, but what has actually been done; neither to villify the champions of one set of measures or to unduly exalt those of another, but to place before the people of the country an account of the, noble labours of the honorable leaders and supporters of all classes of opinion whom the Province has recognized from the first of her history as a constitutionally governed territory. ( From the True Humorist. ) We hail with pleasure the opening part of a work, which promises to be the most interesting and instructive political repast ever laid before the public of New Brunswick, simply because it is from the pen of a racy writer, and lelates wholly to the history of our Province, commencing a quarter of a century ago. The preparatory remarks of the author give a brief sketch of the early days of journalism, commencing in 1839, when he brought the Morning News into existence. This paper was the pioneer in inaugurating those political reforms, which, at this present time, are cherished as unpurchaseable privi¬ leges. Here, also, the author very modestly and in good taste calls attention to his object, in his “ ripening years,” for gathering together the materials of the past—almost faded from public remembrance—and placing them before the ‘ ‘ political student ” of the present time, that he may know of the struggles and appreciate the motives which prompted the men who engaged in working out the great problem of responsible government, and other reforms it is our happiness now to enjoy. The intioduction, which occupies twenty-one pages, is made up mostly of a retrospective view of the systems of Government that obtained, both in this and in adjoining Provinces, and which are contrasted with the systems that prevail at the present time. It is a clear, lucid and truthful view, and cannot fail to find intrinsic merit at the hands of every one at all interested in the political history of the Colonies. The remainder of the pamphlet is the most interesting, as it specially refers to the political events transpiring in our own Province from the time when Sir William Colebiooke assumed the administration of affairs in 1811, down to the period in 1844, when Doak & Hill, publishers of the Loyalist of prhdfege arraigned at the Bar of the House, charged with “ breach I { From the Fi'edericton Reporter. ) OPINIONS OF THE PRESS. Vll, ( From the Saint John News. ) The work purports to be a glance at the leading measures that have been: introduced and discussed in the House of Assembly of New Brunswick under the administrations of Sir Wm. M. G. Colebrooke, Sir Edmund Walker Head, Hon. J. H. T. Manners-Sutton, and Hon. Arthur Gordon, extending over a period of twenty-five years. To each chapter there is attached an appendix embracing notices of all important local occurrences as the record proceeds. The number before us runs through five chapters, and covers a period from 1840 to 1844. The preface and introduction occupy some twenty-seven pages, and the body of the work ninety-six. The information presented in the number before us is calculated to be of much value, especially to public men. All the facts, incidents and particulars are presented in a readable form, and concise language; and great care has evidently been exercised to make the volume the work of reference it is designed to be. We wish the author success in his efforts* ( Ft'om the Saint John Journal. ) These notes will pass current all over the Province at least. They embrace just such matters in the political history as the people wish to recall, and the particulars of some of which are in danger of being lost, owing to the want of historical archives in the Province, or even complete sets of all the newspapers which have been published during our brief history. The num¬ ber before us not only promises to supply a fair political history of the period to which it relates, but also to aid in furnishing materials for a proper history of the Province, including social changes and manufacturing progress. The notes included in the appendix to each chapter are quite interesting, and will add largely to the popularity and sale of the publication. This is an import¬ ant matter, no doubt, but their insertion immediately after each chapter, instead of at the end of the volume, an evil partly incident to a serial mode of publication, mars the beauty of the work. Whenever a reprint of it is demanded these notes will be relegated to the end of the volume. ( From the Saint Croix Courier. ) Tins is the title of a work by George E. Penety, Esq., Queen’s Printer, the first number of which has just been issued by S. R. Miller, Fredericton. Its object is to afford a comprehensive glance at the leading measures that have been discussed in the Assembly of New Brunswick from 1842 to the present time, embracing the administrations of Sir William M. G. Colebrooke, Sir Edmund W. Head, Hon. J. H. T. Manners-Sutton, and Hon. A. H. Gordon. There is an appendix to each chapter combining a notice of all important local events, which adds materially to the value of the work. We have read the first number with a great deal of interest, and feel that Mr. Fenety s present effort will be a most valuable contribution to Provincial literature. Having been connected with the newspaper press during the greater portion of the period of which he writes, there is no one better qualified to discuss the political questions of the time, and we are pleased to see that he is doino- it in a spirit of marked fairness and impartiality. The work will be valuable to all, and particularly so to the political student, as it treats of one of the most interesting periods of our Provincial history,—the struggle for Responsible Government, its ultimate triumph, and successful working. We hope the author will receive sufficient encouragement—-m the way of sub¬ scribers—to justify its continuation in numbers, according to the present plan. Every person in the Province should have it as a book of reference. ( From the Fredericton Farmer. ) This work, a copy of which the author has kindly furnished us, is very well worthy the attention of the public; first, because the subject is one of General interest, and secondly, because there is no one m the Province better qualified than the author for the work he lias undertaken. The history com¬ mences at the year 1842, a period when Provincial politics passed through Vlll. OPINIONS OP THE PRESS, ^fL m T?®‘® XCitlng phase - ; , aucl iffor other reason than to give the vouth mental -^ C t a 1 pro P er lclea of th e growth of the present system of govern- a 1 igrasassas; saya, zix*%x* 5 ssst ( Fi'om the Saint Andrews Standard. ) Th e fiist number of this useful work has been received, and fully sustains the expectations we formed of it.-We very well remember manv of thP !^M^ yn f ed hy ^its author and so co“iy g“ e7by him and may add, that the political student can rely upon its correctness and learn the past political condition of this Province. We do not know of anv bei^^acauainted* 1 ^th^rnm^th F ®. net y> whom we have had the pleasure of iSSt'E 2LaS Ke”C^tS? ITis labors 0 " 1 ” 06 ’ “* that US C ° mpiler WiU receive a pecuniary revvarTfor ( From the Religious Intelligencer. ) «n^i t r C1USt certai “ 1 y P r °ve a valuable addition to our Provincial Literature ( From the Saint John Globe. ) "U e received this morning the first number of Mr TT’pnpfir’o i Notes and Observations,” and have been able simniv JnhoftT? \ Political ssra .*? as ( From the Saint John Freeman. ) M r e received on Tuesday the first number of Mr. Penetv’s Polities and Observations. This number irives a brief w ^°^ tlcal Notes rather than history, of th^polilcaf eventf fromtt? to W-S’ mclusive, when the agitation for the establishment of Responsible Gove™’ Government in New Brunswick.” y K d Fal1 of Responsible ( From the Halifax Chronicle. ) We have received the first number of “Political Notes irm AK.„„.r s B. H fC[Complimentary Notices from the Saint Johi Halifax Express, and other papers, omitted for wan “ Church Witness of room.]