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HALIFAX: Mkthodist Book-Room. 1881. INTRODUCTORY SKETCH. BY REV. D. D. CURUm 'HE story of a life that has been given to worthy enterprises, to noble endeavours, and that has been marked by many and varied successes, to the mind and to the heart is ever fresh and instructive. Such a life was that of Lemuel Allan Wilmot, which began in January, 1809, and reached its earthly ter- mination on the twentieth day of May, 1878. It has been deemed advisable, therefore, that a record of his busy and eventful life, and especially of his more pro- minent and important achievements, should be pre- served. Though scarcely a paragraph from the pen of the departed Judge was available to assist the author in the preparation of these pages, yet other materials Vi INTROmrCTORY SKETCH. have been within his reach.* These he has carefully and successfully utilized in the volume before us. From my earliest years, until the removal of Jue mighty man, and the man of war, the judge, and the prophet, and the prudent, and the honourable man, and the counsellor, and the elo- quent orator." Judge Wilmot was an agent raised up by the Supreme Ruler to perform an important work. The genius, the fair-mindedness, the fervour, the pathos, the Christian simplicity, and the splendour of his long and useful life, in the State and in the Church, are not memories merely, but influences, — permanent lights and forces which have helped to mould the life of many who have passed away, and which are still shaping the destinies of many now living. This book will, it is hoped, help to perpetuate not only the memory, but also the influence of that pure and noble life. ^ CONTENTS Chap. I. PERSONA I. .. *'^'"' 1 II. PROFESSIONAL AND POLITICAL in. JITD(}E AND CJOVERNOR.. 67 IV. CHRISTIAN LIFE AND W'OhK oo yy I "Only 1 think it well, in lives from which we wish to learn, to look out for the stroiig points ; being confident that weak ones will reveal themselves. "—^t'u. F. D. Maurice's Lecture on Edmund Burke, quoted from memory. BIOGRAPHICAL SKETCH OF THE HON. JUDGE WILMOT. I. PEPtSONAL. " To such a name Preserve a broad approach of fame." — Tennyson. /^^s'HREE thousand years ago the tower of David was built for an armoury wherein were hung, in thousands, the shields of his mighty men. Like the battle-flags in Westminster Abbey, consecrated by proud historical recollections and associations, they were preserved as memorials of inspiring heroic deeds, Athenians and Spartans, after the battles of Marathon and Thermopylae, felt that they had a nobler character to sustain and a grander destiny to work out. Ancient Romans were accustomed, in their halls and homes, in statuary, to preserve the forms and features of illus- HON. JUDGE WILMOT. I: Ifi! trious ancestors ; and to them the sculptured marble was an eloquent incentive to patient endurance and reso- lute achievement. Mysterious and moulding ir.fluences, and the potent energy of example and sentim(;nt, were not limited to sacred and classic lands and races. They are common to every age, and run along the whole line of our being. " It is a homage due to departed worth, whenever it rises to such a height as to render its possessor an object of attention, to endeavour to rescue it from oblivion ; so that when it is removed from the obser- vation of men, it may still live in their memory, and transmit through the shades of the sepulchre, however faint, some reflection of its living lustre."* Amongst the most distinguished of our colonists, by common consent, was the Honourable Judge Wilmot — the subject of this sketch. " He possesses," accord- ing to contemporary and competent estimate, " brilliant powers ; and as a public speaker ranks with the most eloquent in British America." -f* There have been two groups of men — the Puritan settlers of New England and the United Empire Loy- alists — in whom we recognize the stamp of the very highest qualities of mind and manhood, and of unself- ish heroism ; and the best blood of both these classes was in his veins. By one line of lineage he was of direct descent from the men who first touched Ply- mouth Rork : " I traced my ancestry," he said, " to those who lanH'^'^ on the shores of New England in * Rt • iiall. fN. A. Review. PERSONAL. 3 the Mayfloiver." He was also a descendant of the United Empire Loyalists — those heroic men and women, exiles of the Revolution, who, feeling that they could not sever themselves from the traditions and flag of their own proud nationality, from the un- broken forests of Nova Scotia, New Brunswick, and Ontario, undauntedly hewed homes for themselves and their children ; and again, as with the Pilgrim Fathers, "The sounding iiislcs of the dim woods rang To the anthem of the free." " Our United Empire Loyalists ke})t their loyalty during seven long years of conflict and suffering ; and that loyalty, with courage and enterprise, and under toils and privations unsurpassed in human history, sought a refuge and a home in the wilderness of Canada, felled the forests of our country, and laid the foundations of its freedom and prosperity."* The vital principle of attachment to the laws and institutions of the land in which we live, veneration for a constitution and government that guarantee the fullest measure and perpetuity of civil and religious freedom, the healthy glow of race and nationality, and of proud ancestral achievement, with deeply cherished traditions and convictions, became the most potent moulding force in many a loyalist's colonial home. From the ardent patriotism by which L. A. W. was always distinguished, it might almost seem as if the Dr. E. Ryerson, vol. II., pp. 449. HON. JUDGE WILMOT. spirit of all the Loyalist race had come to him as a rich ancestral dower. Lemuel Allan Wilmot was born January 31st, 1809. His native place was Sunbury, on the St. John River, the first home of many Loyalist families in the Province of New Brunswick. He was a son of William Wilmot, Esq., member of the Legislative Assembly, and grandson of Major Lemuel Wilmot,* formerly of the Loyal American Regiment, who settled in the Forest Province. Colonel Murray, known to the older residents of St. John, grandfather of Hon. R. L. Hazen, of whom a fine oil painting, by Copley, is preserved in the Hazen branch of the family, was the great-grandfather of Hon. L. A. Wilmot. The gallant colonel was on the Royalist side in the revolutionary war, which by all Loyalists was regarded as rebellion. He had, on one occasion, a narrow escape from capture by Colonial troops. Foiled in their search, a bayonet was run through his portrait — the gash of which can still be seen. * The first instalment of Loyalists reached St. John — then Parr'a Town, chiefly covered with scraggy spruce and swamp — May, 1783. About five thousand, and amongst them Major Lemuel Wilmot, landed that summer at the same place. They mostly settled along the banks of the St. John River, as far up as the mouth of the Nashwaak. The opposite point, where Fredericton now stands, and which was scarcely reached by the first wave of immigration, was known as St. Ann's. There still stood the forest primeval. The whole country was known as Sunbury, county of Nova Scotia. In November, 1784, the Province of New Brunswick was proclaimed, and the first Government organized, by Colonel Thomas Carleton, brother of Sir Guy. PERSONAL. The mother of Mr. Wilmot, sister of the late Judge Bliss, died when he was only eighteen months old. She was a lady of very superior intelligence, cultured mind and taste, and of pure and noble worth of charac- ter. He often touchingly alluded to the fact that he had never known, in his own life, the tenderness and sweetness of a mother's love ; but, in her early depar- ture from earth, felt that there had come to him a rich legacy of affectionate and prayerful solicitude. There is good reason to believe that varied and brilliant quali- ties were in a measure hereditary. Through several of its gifted members the family with which maternally he was connected claimed considerable distinction. His f tether, of whom it has been said that from memory he could recite the whole of Dr. Watts' hymns, was a hymnodist before the days of hymnology ; and in this fact may be found an explanation of the poetic taste of his more gifted son. The earliest fact of L. A. Wilmot's boyhood which has come under notice was attendance at Gov- ernment House, for the purpose of receiving instruc- tion in music and singing, with a view to service in the choir of Christ Church. He was trained personally by Lieutenant-Governor Smythe. The early advan- tage thus afforded was doubtless an important contri- bution to the cultivation of gifts that were afterwards nobly '!-*nsecrated to the service of the Church. Before entering college, while habits of life were in their first formative process, Lemuel was sent to reiide for a time in a purely French community. 6 HON. JUDGE WILMOT. ! I The primitive simplicity, gentle and truthful manners of the habitants had for him a special charm ; and, from natural temperament, he was peculiarly suscep- tible to influences with which he was now in close and constant contact. To the last there were vivacity of speech and animation of gesture that may in part have been due to the mouldinor force of life at Madawaska. During that time he heard and spoke only one lan- guage; and, if not for purity of style, for the excellence attained in its use, and for ease and flow of expression, he may have been indebted to that early educational advantage. It has been mentioned by a gentleman of distinguished professional eminence, who accompanied him on a visit to Laval University, that priest and professor were charmed with their visitor ; and that, conversing in French, there was all the ease, fluency and vivacity of one " to the manner born." The University College at Fredericton aflforded valuable educational facilities. In his collegiate course he earned the reputation of a diligent and successful student. The Greek and Latin Epics, the Iliad of Homer and the ^neid of Virgil, which he is said to have read with exact and pure accent and quantity and smoothness of elocution, were a source of unmingled mental gratification. He also achieved the then scarcely less coveted and reputable distinction of being " the best swimmer, skater, runner, wrestler, boatman, drill-master, speaker and musician" of the time. From his Alma Mater, on which his eminent career reflected lustre, he subsequently received the honorary degree PERSONAL. 7 of D.C.L. In 1834, having but recently been admitted to the Bar, he was enthusiastically elected to the House of Assembly, and was for many years the leader of the Liberal party.* In 1844 he became a member of the Executive Council ; and for three years, from 1848, was Attorney-General and Premier of the Province. He "attended, with Sir Edmund Head, a meeting of the Canadian Government at Toronto on colonial ques- tions ; and again, at Halifax, of the Governments of Canada, Nova Scotia, and New Brunswick, on the subject of collegiate reform. In 1849 he consolidated the criminal laws of the Province ; and in 1850, the laws relating to towns, counties and parishes."*|* In 1851 he was appointed one of the Judges of the Supreme Court ; and under the Act for the Federation of the Colonies into the Dominion of Canada, 1868, in recognition of valuable public services, and of com- manding and conspicuous qualities of intellect and character, was made the first Lieutenant-Governor of his native Province. He was also, in association with Palmerston, Gladstone, and other eminent men, a Vice- * Through courtesy of J. W. Lawrence, Esq., of St. John, as these pages are passing through the press, several dates have been commu- nicated : L. A. Wilmot " was admitted attorney, 1830 ; banister, 1832; elected Tor York County, on death of Wm. Taylor, June 16, 1834 ; delegate to England shortly after ; Attorney -General, on death of Hon. C. J. Peters, May 24, 1848 ; delegate to Portland K. R. Convention, 1850 ; candidate for last time, 1850 ; aiipointed Judge, on resignation of Chief Justice Chipraan, and elevation of Judge Carter, January 8, 1851." t Vide "Parliamentary Companion." 8 HON. JUDOE WILMOT. President of one of the leading British institutions ; successor of the Rt. Hon. Mr. Childers, M.P., on the Prince Edward Island Land Commission ; a member of the University Senate, and gave much time and thought to the promotion of educational interests. Another department of public service, to which great importance was attached, and in which brilliant distinction was achieved, claims a fuller notice. He was Lieutenant-Colonel of Militia, and always found time for efficient drill. Considering the enthusiasm carried into all military exercises, it would not have been surprising had he adopted that profession. A very natural remark of a Governor-General, en a visit to Fredericton, received with military honours, was that " he must have missed his calling, and should have taken to the sword rather than the gown." With the bearing of a superb cavalry officer, and a voice which on parade ground rang out like the blast of a bugle, he had all the qualities needed for command. Militia training days, of which we hear nothing now, were then greatly in vogue in Fredericton. They were the gala days of the capital and surrounding country. The old spirit of the Loyalist was then fully awake. The national banner was proudly unfurled- A band of music poured forth martial and popular strains. The carriages of official and aristocratic fami- lies rolled grandly through the streets. For special celebration an ox was roasted on the open square or adjoining field, and it mended the cheer of the day. The rank and file of militia carried their old-fashioned and PERSONAL. 9 clumsy muskets. But the cavalry, in showy uniform and immense helmets, as they dashed from point to point,made a grand impression; and even their chargers, some of which had recently been released from dray or plough, showed to good advantage on that holiday parade. For the admiration of spectators, the rifles in green were rivals of the horsemen. But the artillery, stationed on the bank of the river, excited the keenest interest. Their operations looked like real war. The boom of cannon sounded as the roar of battle. The excitement culminated when, in mimic warfare, they had to defend their guns from a sudden onslaught of troopers. A sham fight on one occasion was arranged between the militia and regular soldiers of the garri- son. In memory of a great battle fought over again on that day, the place of conflict, a little below the Cathedral, has ever since been named " Salamanca."* In all militia movements L. A. Wilmot took a prominent part. He was, in later years. Colonel of the 1st York Battalion. He raised and commanded a troop of volunteer dragoons, that performed dispatch duty pending border difficulties, 1838-9. Communica- tion was thus ensured between the capital and the frontier; and, at the same time, precautions were taken for the rapid blockade of any forest path through which a hostile force might seek to advance. He also organized and commanded a troop of dragoons for escort duty to the Prince of Wales on his visit to this " Reminiscences of an Old Inhabitant," in Reporter, Dec. Ist, 1880. 10 HON. JUDfSE WILMOT. country in 18G0. The service was rendered in a style tliat challenged general admiration ; and the Lieu- tenant-Colonel received, in the most cordial and grati- fying form, the thanks of His Royal Highness. A cavalry corps trained by him was for a long time the pride of the city, and two men of that corps became afterwards colonels of cavalry in the arniy of th6 United States. " The ex-Governor may be said to have been a public man all his life, for he had scarcely left the student's desk in the law office of Mr. Putnam, before the County of York elected him to a seat in the House of Assembly, and he at once gave evidence of that brilliancy of talent which made him conspicuous throughout the course of a very eventful career. He will ever be regarded as a most prominent figure in the political history of his country, and posterity never can thank him enough for the part he took in securing civil rights and liberties. These days were days of struggle that the present generation knows little about, and the Judge was always in the front of the fight. The seclusion of the Bench did not remove him from the eyes of the public, as he continued prominent as a lecturer and orator, and some of the best and finest efforts of his life were made during the years he wore the judicial ermine. Take him all in all, our country, perhaps, has never produced his counterpart. Of wonderful versatility, eloquent and mighty in speech, scathing and withering in sarcasm, sparkling, humorous and magnetic in conversation, the lamented ex-Gov- PERSONAL. 11 ernor seemed to stand one by himself. Before and since his death Royal honours have been heaped upon Canadians not half as much entitled to them for what they did for their country as he, and no provincialistever more deserved a public monument at the hands of his countrymen. The illustrious part he took in the advo- cacy and accomplishment of Responsible Government alone entitles him to such a monumental recognition. If Judge Wilmot had been an American citizen, such a monument would long since have been erected to his memory, side by side with Daniel Webster and Henry Clay, either in Central Park, New York, or oa Boston Common."* It rarely falls to the lot of any distinguished colonist to act the varied part, or to discharge the mul- tifarious duties, which devolved upon Hon. L. A. Wilmot. Yet, such was the splendour and versatility of gifts and of genius, that in each appearance upon the stage of public action, and through successive scenes, the impression produced upon spectators was generally that of signal and special qualification. But the highest fame achieved, in which he can scarcely be said to have had any successor, is mainly due to an extraordinary gift and power of eloquence. He had the advantage of a commanding personal presence — un- failing resource of speech, adequate to the widest range of political discussion — the instincts and intuitions of genuine statesmanship — readiness in debate and apti- l I; i Frccleridon lieportcr. mi 12 HON. JUDGE VVILMOT. tude of reply — ability at will to wield a polished weapon of satire — a brilliant wit, which, like the harm- less summer lightning, for mere amusement, played around the subject, or, in moments of intensity, gleamed forth with sudden and scathing stroke — a magnificent voice, in lightest whisper audible to any assembly, and in impassioned declamation rolling into thunder-peal. These were amongst the important qualifications which, in any arena of statesmen and parliamentary orators, ordinarily conmiand proud distinction and ensure ac- knowledged success. By gentlemen who listened to his great speeches in the Provincial Assembly— in conten- tion for constitutional liberty and the overthrow of monopoly — familiar with debates in the English House of Commons, it has been asserted that never, accord- ing to their judgment, had his greater efibrts been sur- passed. Where upon the bright roll of fame shall the name of L. A. Wilmot find permanent record ? Can we challenge for him high and honourable rank amongst the great and most gifted men of his country and time ? The reply may be found in answer to other questions germane to the subject. By what acknowledged standard must the value of life and life- work be determined ? What is the correct criterion of greatness or of genius ? Is it mental power ? moral worth ? commanding influence ? In what fineness or purity of mold must the cast of such mind have been taken ? Is it essential to our ideal of greatness that elements of inventive and constructive genius should combine in given measure and equal proportion ? PERSONAL. 13 Ought affinities of mind and character to be of a nature sufficiently powerful to control and crystallize the active and moving forces and influences with which they may be brought into contact ? Is it an indis- pensable condition, that thrown to the front, when mediocrity sinks back to obscurity, he shall prove equal to the occasion ? Should not the mission of such a life be signalized in deepening the channels of human thought and broadening the boundaries of freedom ? Must not a prominent actor in a social and political revolution put the permanent stamp and impress of his mind upon the place and period in wh^ch he lives ? There have been few public men who, on the whole, had less reason to fear the application of searching, stringent test than had the leader of political reform in the Province of New Brunswick. In the old days of brilliant political debate, while the glamour of elo- quence was still over the vision of admirers, few would have doubted the validity of his claim to an enduring distinction. The great work of his public life, however, and that by which its special value and permanent status must be tested and determined, has yet to be indicated. Were chiselled column or niche in trophied temple needed for national commemoration, it might be appropriately inscribed : ExeciUive Responsibility. That great harmonizing principle of constitutional government, impressed upon the institutions of his country, carries with it an imperishable record : " A lite ill civic action warni ; A soul on highest mission sent ; A potent voi(;p in Parlinnient ; A pillar steadfast in the storm." . ' ' I I". 14 HON. JUDGE WILMOT. I ill I 1^ In the course of this sketch, brief passages have been culled from available published reports. These specimens of eloquence have been reproduced, on this memorial page, under considerable sense of restraint. One cannot but feel, from the force of concurrent testimony, that they convey but a poor idea of the living orator, of the thunder that shook the Legislative Hall, and of powerful appeals that roused listening crowds to sympathetic action. Reports of political speeches, as they appeared in Provincial papers of that time, at the very best were meagre and unsatisfactory. In the case of L. A. Wilmot, copiousness of style and fluency of utterance constituted a special difficulty. Expansion and amplification are essential to the suc- cess of popular or parliamentary oratory. When these were mentioned as defects in the style of Pitt, the great Commoner claimed that " every person who addressed a public assembly, and w^as anxious to make an impression on particular points, must either be copious on some points, or repeat them, and copious- ness is to be preferred to repetition." Mr. Wilmot had the advantage of an opulent vocabulary. His oratory had qualities of expansion ; and in this fact, as well as in that spell of speech which few reporters could resist, may be found an explanation of printed meagre- ness. Fragments of speeches, such as have been pre- served, are quite likely to furnish as accurate an idea of an unknown writer's composition as of the affluent style and pure diction of the honourable member to whom they are assigned. PERSONAL. 15 My own acquaintance with the Honourable Judge Wihnot dates back to the closing part of the year 1855. By Dr. Beechaiii of London, who in a recent visit to the Eastern Pro\ nces had made his acquaint- ance, he was spoken of in the most appreciative manner ; and, in accordance with that competent and exalted estimate, a very high anticipation had been cherished. After a first cold sleigh-drive from the city of St. John — every incident of which has been inde- libly impressed upon the recollection of that period, then recently arrived from England — a cordial wel- come was received at Evelyn Grove. The Judge was then in the golden prime of life. Tall and straight in form, of light elastic step and graceful attitude — a rapid, searching glance — keen, restless, flashing eye — exquisitely chiselled features — a lofty forehead, firndy compressed lips, indicative of resolute purpose — a com- manding presence and beaming kindliness of manner, accompanied by a ceaseless flow of sparkling speech, made up a most impressive and fascinating ^^ev'soTiiJc/. In the adnurably executed likeness by which this volume is acconqianied, his personal appearance as delineated will be readily recognized. But it will also be apparent to all who were long acquainted with the subject, that the portrait belongs to a period of which it is said that "the almond tree shall flourish." There are the beauty and the blossoming of ripe and venerable years. Ad^•ancing age and excessive severity of nerve-pain wrought a marked change during the last decade of life. In any public efJbrt that might be m Ik T 16 HON. JUDGE WILMOT. i ^i- attempted, instead of former vigour and elasticity, there was rapid exhaustion of strength ; and, as the consequence, sometimes a good deal of subsequent suffering. The voice, once round, full, sonorous, be- came lighter and thinner in its range and volume. The eye, though not dim, scarcely sparkled with its old light and fire. There were some other signs, not to be mistaken, of growing physical feebleness. But still the likeness is an accurate and a speaking one ; and, vastly more than mere description, it is eloquent in expression. Beautiful glow and benignity of countenance, well brought out and retained in the work of the artist, are a true and faithful index to commanding qualities of mind and of character. As in the reflection of a glowing lamp, through a delicate and transparent vase, a pure light sufi'uses and softly rests upon the finely-moulded features. But in earlier years, and in the eager excitement of political or of professional contest, there was a mobility of face that marvellously corresponded with restless mental activity, and with changeful moods of the moment. The brow, which seems placid and serene as the summer morning, would then at times gather to a cloud. In denunciation of wrong, of injustice, or of falsehood, there was a well- remembered expression that darkened into the severity of strong indignation. Retirement from the arena of politics at the time of that visit referred to, release from professional business pressure, and easy competence secured by his elevation to the Bench, afforded opportunity for the PERSONAL. 17 nd elasticity, ; and, as the • subsequent sonorous, be- and volume, d with its old ^ns, not to be But still the ; and, vastly in expression, benance, well of the artist, iing qualities eflection of a transparent sts upon the jrears, and in professional marvellously ty, and with 3row, which rning, would lunciation of was a well- the severity itics at the professional jured bv his nity for the :i gratification of horticultural and literary tastes ; and, such was the activity of mental constitution, exuber- ance of temperament and fluency of utterance, that all the passionate purposes and governing impulses of life were at once revealed. Never, has it sometimes seemed, was tliere such lavish expenditure of intellectual re- source, and of wealth of conversation, as on those days of delightful and profitable intercourse. Then was mooted for the first time, as far as my acquaintance with the subject was concerned, the idea of a British American Federation to comprise all the Provinces from the Atlantic to the Pacific, and AcndiawsLS the name suggested for the new nationality. There was also the more magnificent conception of an Imperial union. He believed, with Lord Durham, that "the British Colonies were like foreign nations to each other with- out any of the benefits of diplomatic association." But with Canada, Australia, India, and all the other Colonies united to each other, bound firmly to the Mother Country, constituting an Empire to comprise all British dominions, through which should course the same pulsation of constitutional life, over which should wave the same time-honoured national banner, there would be guarantee of security — for no part could with impunity be attacked ; and there would be sub- stantial economical advantages, for Imperial policy would be shaped with a view to the conservation and promotion of all varied interests. One of those pro- jects, though at the time deemed a little visionary, has I ill ,1 I' : ! 1 J) i 18 HON. JUDGE WILMOT. 'iil; i u already become an accomplished fact. What of the possibilities of the Imperial idea ? From that time, in past'^ al relation, while sta- tioned in the city of Fredericton, in frequent visits, in closely confidential friendship, in unbroken correspon- dence through all the years between, there has been opportunity afforded for forming an estimate of his life and character. That there were impulses, by which at times he was borne along into imprudent courses, was only too plain and a matter of regret to his best friends ; but these defects, almost inseparable from the intensity and natural impetuosity of his character, were all upon the surface. Those who knew him best could most readily excuse an imprudence of impulse, and could best appreciate the genuine worth and the nobleness of soul by which he was always distinguished. In view of his representative character as a distin- guished colonist ; the rare and splendid gifts by which he was so richly endowed, the wide space which for a lifetime he filled in the eyes of the community ; the influential and responsible positions which long and honourably he occupied ; the forty years of continuous service in discharge of political, judicial, and govern- mental duties ; the high-toned principle uniformly exhibited through the whole of his public career ; the consistency of his course and character through a protr£i3tP:d and sometimes stormy life ; the extent to whicli many young men, now widely scattered, were influenced by his generous impulses, intense enthusi- PERSONAL. 19 What of the Q, while sta- aent visits, in en corrcspon- lere has been timate of his impulses, by ito imprudent : of regret to 5t inseparable uosity of his lose who knew mprudence of ;enuine worth le was always ber as a distin- rifts by which !e which for a nmunity ; the hich long and of continuous and govern- ple uniformly lie career ; the ter through a the extent to cattered, were \ tense enthusi asm, burning words, and deeds of noble, beautiful worth ; for the sake of still greater good, it has been much desired that there should be permanence and perpetuation of influence and of soul-stirring memories. " One of the noblest characters in colonial annals is that of the late Judge Wilmot. As a statesman, a patriot, and a Christian, he was a man of shining mark. He had a cultured literary taste, and was a ready and forcible speaker, rising at times into a commanding eloquence of style. He was a man of tall and noble presence, of mobile intellectual features lit up with keen bright eyes. Amid the political conflicts of great constitutional crises, in which he was the foremost leader, he held high his name and fame, unaspersed even by the rancour of party strife. He was at once a great liberal leader, who guided his country into an era of constitutional liberty, and a man of staunchest loyalty to the person and crown of his sovereign. More than any man we ever met, he realized our ideal of the gallant Bayard, ^^iweux chevalier — without fear and without reproach. He possessed in a remarkable degree the magic gift of successful leadership — the power of inspiring confldence, enthusiasm, and devo- tion in his followers and associates. No history of his native country can be complete which does not devote a large space to his work and influence. It is, there- fore, especially beseeming that on his removal from the busy stage on which he has played so grand a part, the story of his life should be recorded, and its lessons J* 20 HON. JUDGE WILMOT. gathered up as a permanent legacy for his Church and country. So many-sided was this life, through so many channels did it pour its influence, that it is only by looking at it from various aspects, and tracing these various channels, that one gets an adequate idea of its grand synmietry and multifarious activity."* * Editor Canadian Methodist Magazine. .V 11. PROFESSIONAL AND POLITICAL. " That noble figure, every look of whose countenance is expressive, every motion of whose form is graceful, an eye that sparkles and pierces, and almost assures victoiy, while it speaks audience ere the tongue ! " —Brougham. •N 1832, L. A. Wilmot— the initial letters of whose name formed the word Law, and often in that style used for signature — having suc- cessfully and satisfactorily completed the requisite course of preliminary study, was admitted to the Bar of New Brunswick, and in 1838 was created Queen's Counsel. It must not be supposed that, with all his brilliant gifts and splendid endowments, he could with- out difficulty conquer success. Though afterwards one of the most fluent of speakers, endowed with all the natural attributes of a consummate orator, and every grace of style and attitude, yet as a student, singularly enough, for a time he had to contend with impediment of speech. "What! you," his father is reported to have said, in reference to an early expression of preference for the legal profession, " with a stammering tongue, aspire to the dignity of a pleader ! " But from the .1^ m 22 HON. JUDGE WILMOT. first there was the consciousness of power ; and, if he could not be a Demosthenes, undaunted by an obstacle overcome by the most renowned of all orators, he aimed at the very highest distinctions of his chosen profession. " There is no royal road to learning," he said, years afterwards, in one of his brief but brilliant Encenia addresses. " We speak not of the Empire, but of the Republic of letters. In this domain there are no here- ditary honours. Distinctions can only be achieved by individual effort. Each competitor must win and wear." On that and similar occasions, in the same strain, he no doubt spoke from remembrance of early obstacles overcome by assiduous application. " With whatever faculties," says an eminent writer, " we are born, and to whatever studies our genius may direct us, studies they must still be. I am persuaded that Milton did not write his Paradise Lost, nor Homer his Iliad, nor Newton his Principia, without intense labour : Some will lead to courts, and some to camps ; To Senates some : but, whatever the pathway of life may be, and what- ever profession may have the preference, only by patient and laborious pursuit can the summit of ex- cellence be attained." The popularity which L. A. Wilmot achieved as a pleader was of a most unique and exciting character. In that lordly arena, where justice presides, the gifted and brilliant men who have coveted and contended for professional pre-eminence and distinction have not been PROFESSIONAI, AND POMTICAL. 23 few ; but his influence with juries was more extraordi- nary, and his success in pleading more splendid, than that of any lawyer who up to that time had practised at the New Brunswick bar. The magnetism of noble and graceful personal presence ; the tire, force and un- rivalled felicity of forensic eloquence ; the versatility and daring of genius ; the faculty of cleaving a way straight to the core of the subject ; a pathos which thrilled, melted and subdued ; mastery of potent in- vective and power of terrific exposure, which, when concentrated into scornful and indignant denunciation of a mean and contemptible action, gleamed and scathed like forked lightning and rankled like a barbed arrow, were employed according to the exigencies of the case. They were all calculated to enforce legal argument, and to ensure a verdict in favour of his client. The fact has frequently been mentioned that during his practice at the bar he rarely lost a case. The very atmosphere of court, at other times serene and severely judicial, became charged with the electricity of his spirit and speeches ; and, for the most grave and dignified Judge, it was not always easy to prevent or suppress demon- stration of popular feeling, thrilled and moved by re- sistless eloquence, to sympathy or indignant scorn. " As an advocate at the Bar," says the writer of a brief sketch in a Boston paper, a valuable reminiscence, "few in any country could surpass him. The Court was full when it was known that Wilmot had a case. He scented a fraud or falsehood from afar. He heard its gentlest mo- tions. He pursued it like an Indian hunter. If it bur- 24 HON. JUDfJE \VILM(»T, rowed he dragged it forth, and lield it up wriggling to the gaze and scorn of the Court. When lie drew his tall form up before a jury, fixed his black, piercing eyes upon them, moved those rapid hands and pointed that pistol finger, and poured out his argument and made his appeal with glowing, burning eloquence, few jurors could resist him." There was nothing melodramatic in his style or mental constitution ; but not unf requently prompted by an impulse or intuition that the most consummate actor might have envied, but which with- out a measure of the same genius it would have been dangerous to attempt an imitation, by a shrug of the shoulder, facial expression, mimicry, or some tragic tone, he would dexterously and successfully enforce argument, cover retreat, or foil an opponent. The secret of Mr. Wilmot's superb success at the bar, and the influence which he wielded over almost any class of men that could be empanelled, marvellous as it seemed and almost magical to the crowds that thronged the trial-scenes, is not far to seek. It was mainly to be found in that quality of oratorical eflPort which, born of the immediate occasion, .somewhat ex- cessive in embellishment and with not a few defects, overmasters critical faculty, and achieves its purpose. In dialectic skill and deep legal lore, during years of practice, he doubtless encountered many a formidable rival. But, in overwhelming force of appeal, and that subtle sensibility of feeling which suffuses the speech, evokes deep human sympathy, to which every mind is strangely responsive, there wbs an indisputable su- PROFESSIONAL AND POLITICAL. zn ling to liis tall ig eyes ed that i made r jurors ramatic quently 18 most h with- Id have ihrug of le tragic enforce at the almost Irvellous ds that It was \ effort Ihat ex- defects, >urpose. ^^ears of iiidable Ind that speech, mind ible su- premacy. Tliat oratory of tlu* Kar was ornato or cino- tioiuil as tin; suhjcct r('(|uir(.'d. Soiiictinics profcssioiiul ('\i<^^«'neii's call«'d foi- scvoiity of ('X})i'('ssi()n. Tlic weapon wliicli lie wielded was slmrp as well as pol- new when to strip away Oied and li'litter il< isned and i;liltenn;ji'. lie Knew wiien lo strip mere rhetorical decoration and to use the naked edge. There was then plain and pointed Saxon [)hi-ase A spade was a spade. Rolxrt Flail's pitd'eience for IHCi'cc, to "penetrate," was commended as an ideal and law of terse and incisive speech. Legal .siihtleties were not pei'iiiitted to per})lex the minds of juiynien. Only salient points were brought into prominent view. If hored hy bewildering cv^st^s•, from the opposite .side, there was forensic Ha.sh which shot athwart the' dreary maze : " A countless niymd of pieccHlent , That wiMeriu'.'is of single in.stances," known as Eiiii'lish common law. An incident of the Northei'n Ciicuit, without refer- ence to any name, may be mentioned as illusti-ative of ingenuity and ready tact in professional emergency. The case was one of very considerable impoi'tance and involving lai'ge values. It was not in his judgment a promisino- one for his clients. In reuard to the sub- stantial meiits of the mattei* in dispute he iia<] no doubt. In a Court of E(piity the righteousness of the claim C(mld have l)een fairlv established; but on tech- nical grounds, ov because the lettci' of the law was ad- N'erse, he scarcely hoped for a venlict. There aus a point upon which, as a pivot, the )>roceedings would 1: m ■ii 3 ;>!( 26 HON. JUDGE WILMOT. turn, and which would probably determine the result. Complication warranted resort to stratagem. The opposite counsel was a gentleman of great legal ability and acumen, but occasionally hampered by an unfor- tunate impediment of speech. The jury were assured that his learned friend on the other side was eminently upright an(' conscientious. Whenever this \'ital point was reached — made so palpable to the jury that none could mistake it — he would be sure to show signs of embarrassment. The prediction was soon fulfilled. In sight of the bird the fowler had set tlie snare. But how to avoid it was the perplexity. There was mani- fest trepidity, and consequently defective articulation. A titter of anmsement could not be suppressed. Con- fusion became worse confounded ; until, on that side, there was a complete break-down, and Mr. Wilmot gained the suit. At that time, in the .sister Province of Nova Scotia, there were such lawyers as Stewart, Archibald and Johnson. Their legal skill and eloc^uence were the pride of their country, and would probably have com- manded distinction at the British Bar. It was not an unusual thing in New Brunswick, when any case of great importance was pending, to obtain the advocacy and assistance of one or more of those distinguished barristers. Nothing succeeds liKe success. The simple prestige of their names was almost sufficient to ensure the result. When L. A. Wilmot began to make his way up to professional eminence, and his influence felt at the Bar, there awaited him the ordeal of rivalry with PROFESSIONAL AND POLITICAL. 27 these formidable competitors. It was only, however, in the keenest contest that the qualities that he pos- sessed blazed out in all their splendoui*. That was a proud day for the profession in New Brunswick when, at fair tournament, he snatched the laurel wreath of success. And never at knightly tilt or the pride of feudal magnificence, where, amidst Hash of gleaming steel and the glancing light of beauty, prizes were won and awarded, were there more eager spectators than on that occasion. When the forensic duel had been honour- ably fought, the case was connnitted to the jury. For a space, the Court adjourned. In the meantime, leading counsel on either side, on whom chiefiy centred the excitement of the fray, returned to the hotel and re- tired for the night. But their slun^ 'rs were effectu- ally disturbed by a loud legal hurrah. Junior members of the profession, cognizant of the decision, were dis- posed to make the most of their triumph. From that time the necessity for such importation has no longer existed. The mantle of the eloquent advocate has successively fallen upon many memVjers of the same honourable profession in that Province. Early in life Mr. Wilmot began to take part in the discussion of public questions. It has been told when, in response to an urgent call from the electors, he first took his stand upon the hustings, a gentleman of the I'uling class rode up to the crowd. Counting upon sympathy as a matter of course, in deference to estab- lished order and as evidence of loyalty, the haughty official demanded that they should pull Wilmot down. 1 ■Ml I hi i : ;!•) HON. JUDGE WILMOT. J; He would become Attorney-General of the Province ! The sneer was as a spark of gunpowder to a train already pi'epared, and the signal for an unexpected explosion. Lemuel Allan Wilmot, in person as com- manding as in mental (qualities, drawing himself up to his full height, throwing the glove fiom his liand, began a ventilation of ptiblic (|uestions in a manner to which the people had been little accustomed. The burst of indignant elocjuence, of denunciation, anle government was soon, in one of its phases, to connnence in the famous Howe libel case. Beneath the a^tris of the British Constitution there was no pidloch for lips elo([uent in advocacy of progress and liberal principles. In Great Britain a condition of almost chronic dissatisfaction and of threatened revolution, under the able leadership of Grey, Russell, Brougham, and others of scarcely less celebrity, had been signalized by the inauguiation of a new and nobler ei-a in liberal and progi-essive legisla- tion. The Reform Bill belongs to that period. What statesmen of the time were doing and daring in the cause of national and political progress and freedom, through other parts of the Empire, the pati'iotic mem- ber for York was euuilous to attempt and achieve for his native Province. " His political pi-inciples," he said, in a later speech. " were not of yesterday. He had (/lefined them from the hii^torij of Aj's count)'}/ — a country they were all i)roud to own. Would any honourable meudjer dare to tell liim that because they were three thousand miles away from the heart of the British Empire, the blood of freemen should not How thi'ough the v^eins of sons of New Brunswick ? " The entrance of L. A. Wilmot into the parliamentary arena, at that particular period, constituted an epoch in the annals of the New Brunswick Legislature. " As a debater he was for many years the chief attraction m ! -J IT" h 30 HON. JUDGE WILMOT. of the House of Assembly. With imposing person, large forehead, handsome features, and keen eagle eye ; with ready wit, cutting sarcasm, (juick intuitions, en- thusiastic declamation, a hearty sympathy with every- thing generous and good, and with scorn and hatred of every form of wrong, he wielded a potent influence."* In parliamentary discussion he was a generous and honourable opponent. He only asked from others that which in return he was always prepared to give — a fair field and no favour. He was accustomed, l>y a single fearless bound, to plunge into the thickest of the fray. No considei-ation or claim of conventional custom ever prevented him from striking to the very heart of the question. The success of sheer artifice would not satisfy ; and, in preference to flank move- ment, he generally faced the foe to the front of posi- tion. But he also wielded a keen-edged weapon of sarcasm ; aud, instead of elaborate speech, sometimes gained his point by a single dexterous stroke. Having occasion to expose groundless pretence, in mei'ciless burlesque, and mannei- that was simply inimitable, there was Esop's fly that sat upon the axle-wheel of the chariot and said, " What a dust do I rai.-^c 1 " The House of Assembly, in which for the first time Mr. Wilmot took his seat, met January 20th, 18.35. The next day notice was given that he would call the attention of honourable meml)ers to the subject, then of international magnitude and importance, of the Boundary Line between the Province of New Bruns- * Zion'a Herald, Boston. PROFESSIONAL AND POLITICAL. 81 wick and the State of Maine. The time for in extenso reports of parliamentary speeches, and the enterprise of journalism now so conspicuous, had not yet come. But the measure of influence which, from the com- mencement, lie wielded in that Assembly may be inferred from the boldness and vigour of tone in the discussion of constitutional questions — from extraordinary appoint- ment on successive delegations to represent the House, of which he was the most youthful member, and which comprised a nund)er of able and experienced politicians, in negotiation with the British Gf)vernment on weighty matte vs of Provincial policy and of executive admin- isti'ation— from the fact, apparent from the official records of those years, that his name finds prominent })lace on nearly every important parliamentary com- mittee. Renewed attempts on the part of the Crown to es- tablish a land-royalty, in tiie shape of Quit Rents, then a vexed a.id 1)urning question through the country, the agitation of which had engendered great bitterness in the constituency of York, necessarily occupied much of tlie attention and time of the House of Assembly. The leservation had l)een regarded, in the first place, as simply an acknowledgment of sovei'eignty in the lands n-raiited. The claim had long been sufiered to riMiiain dormant ; and, in transfers of lands between individuals, the original reserve was no longer deemed an encund»rance. The determinaticm to enforce pay- ment W(mld, it was believed, create widespread con- fusion, litigation, dissatisfaction, and distress. The . I '',■■ 32 HON. JUDGE WILMOT. fearless iitteraiu'es of L. A. Wilmot, and his eai'nest and cloijuent portiayal of tlie liai'dsliips wliicli, without any coricsponding advantage, enfort'enient of this claim wonlotli delegations Mr. Crane rendered valuable service to the country. PROFESSIONAL AND POLITICAL. as The interest of a visit to the Old Country, for one of his romantic taste, cultured mind, and loyal pride of race and nationality — a young man twenty-seven years of age — cannot easily be described. By men of the Loyalist stamp that land was reverently and ati'ection- ately spoken of as Home : -' '!li- " The distant sea-girt isle Our fathers loved, and taught their sons to love, As the dear home of freemen brave and true." It was the land of his ancestors and of a noble race whose blood flowed in his veins — the land of Shake- speare and Milton and Cowper, whose mother-tongue was his own, whose gems of beautiful thought and crystallized expression had enriched his ample an tion without which they might enc(junter a foe to dis- advantage." It was well known that L. A. Wilmot, (jualified for command, intensely patriotic, in whose veins the old Loyalist blood ran as liquid fire, while urging the necessity for yeomanry «h'ill, stood ready for active service on the frontier. Ultimately, however, for the weal of all parties, the matter in dis- pute was amicably adjusted and battle-flags were furled.* In a letter written by Hon. L. A. Wilmot, when Governor of New Brunswick, the old feeling had * Arbitration, in wliich Lord Asliljiirtoii ami Daniel Webster were the Commissioners, was substituted for cannon and tlie sword. The award of the Ashburton Treaty, made in 1842, yielded the most valu- $\ ',1 } h, I (,, 1 ■ ; i :J 40 HON. JUDGE WILMOT. all subsided ; and he eulogises " the immortal words of President Grant : Let un luive peaceT It soon became apparent that, in an eminent degree, this youthful politician possessed the requisite (jualities and etiuipment for successful leadership in another fight; and that upon parliamentary battle-ground, not in forest-struggle, would his most brilliant victories be achieved. Even before the contest for Responsible (government had commenced in thorough earnest, there was the presage of an approaching struggle. Like the nmttering of distant thunder, ominous of gathering :.„orm, arbitrary stion provoked sharp and passionate protest: " When the Council takes such high and commanding ground," said the then recently ; ii lied member for York, "it is worthy of the represen- tatives of the people to stand forth in bold relief; and, in the spirit of men determined to maintain their riglits and liberties, to put their hands upon it at one to arrest the career of wantonness of power, and to prove that we are indeed worthy of freedom and privilege and British rights." * The system of government, at that time existing in New Brunswick and other Colonies, was that usually known as " the Family (impact." Offices of honour and emolument wore monopolized by persons that had able part of tin; disputed territory to the United States. There was a very general impression on this side of the line that the British nobleman was overmatched by th(! astute Republican statesman — that eolonial claims were sacrificed to imperial interests. * St. John City Oazette. 1 ' ) I PROFESSIONAL AND POFJTICAL. 41 Tlio come out to the Provinces for tliat purpose. Legislative and Executive Councils bad in possession all governing' pow(!r. They were almost exclusively and uniforndy filled from classes claiming to consti- tute the aristocracy of the country. Members of the "Compact" were generally closely allied by family relationship or business association. Government was administered in virtue of what th(;y regartled as an essential and inherent rijjht of the ruling class. Thev only were supposed to possess requisite (|ualiti cations for official duty and legitimate claim to jjromotion. The patronage of t^ie Cro\yn, conse((uently, was dis- pensed and its power distributed within a narrow and favoured circle. Crown officials were not in any way amenable to the representatives of the people ; and, in any case of remonstrance, members of that body weie treated with but scant courtesy. For any gifted meud)er of the As- sembly to aspire to office, emolument, or governmental position, was deemed and stignuitized as evidence of restless, intriguing and even disloyal temper and spirit. Especially for any one who had evinced a dis- position to disturb the comfortably established system, and who hid the audacity to challenge the constitii- tihts to the benefit of her institutions as a resident of London ; and he would not submit to be cut oft' by any political inananivrings."* The darkest hour — that which came just before the dawn of day, as ultimately proved — in that patriotic struggle seems to have been in the severely contested election of 1S42. Then Mr. Wilmot, who for eUjJd years had been a mend >er of Parliament and the active and accomplished leader of the Liberal party, though now only th'n'f>j-fliree years of oge, stood prominently before the country as the champion of responsible ad- ministration : " Ami inoviiif^f up tVuni lii.^li to higher, BiH'iime, on lortuiiu's ciowuiug .slope, The i)iUar of a people's hope," * I'oliticai Notes. By G. £. Feiiety, ES4. PROFESSIONAL AND POLITICAL. 45 In the meantime, however, the Opposition was for- midable and the battle was furious. All the scattered forces of the old Conservative system, marshalled with consummate skill, were gathered into most deter- mined opposition. The adherents of opposite stand- ards resolutely maintained the struggle and fiercely con- tended for victory. For the reform party the contest apparently proved to be a most disastrous one. In a House of Assembly of forty-one membeis, the only representatives of that piinciple were Messis. Wilmot and Fisher. In Fredericton the poll was for a tinu; threatened l>y a rough, lawless, and unfranchised crowd. For the protection of voters, and the preven- tion of organized intimidation, it was found expedient to call out the military. In double tile the soldiers were stationed with fixed bayonets. Each of the later voters, for personal security, accompanied by a sergeant, between lines of glittering steel, passed up to the poll and gave his suffrage. At the close, Mr. Wil- mot, amongst the successful candidates, unrolled a scarlet silk flag bearing the signiticant motto Respon- sible Government. Through Queen Street, frouj the old Court House to a platform near Phcenix Sipiare, he was carried by his enthusiastic supporters; and, amidst deafening cheers, made a splentisni of cnt was nisterial tisli ad- fficulties Eirtinents appoint- ited from provision iituencies iitions of i or creed, ues were rpose of prised a nd, in the for com- jhe colors e election to try the He of flank and a com- ilmot found ow Judge of ed the reso- nimitted the of 1842," he said, in one of his greut speeches in the House of Assembly, " when respoiisihk' government was scouted, jeered at, anut, "altlumj^di hoards were ottered tVom a nein'hhourino- mill, nails, glass, lock.s, latches — everything without money — no one felt interest (^nougdi in the education of their children to hring them to th<' s})ot. To this day that frame stands a melancholy monument of dreadful apathy." To meet such neglect, and to rescue the childi'enof the soil from threatened degrae taxed to educate the iJiddrcn of fhe v^an qrho has no jf)?Y)^)^r^^." There \vn< a * in the principle of a public, free, ,M in. Nearly a (juarter of a centur}^ 1. t-, dui g g»»vernmental administration, it was a cuu.x' of [)roud and grateful satisfaction that a com- *FideObser> Januaiy, 183». m 54 HON. JUDGE WILMOT. prehensive educational scheme should be successfully inaugurated. * In a parliamentary debate, March, 1847, on L. A. Wilmot's motion in relation to " School Reserve," the educational question was again brought to the front. Early in the settlement of the country there had been an extensive reserve of public lands " for the use of parish schools in the different counties." The Govern- ment was challenged " with having granted large quan- tities of ]any a superior class of Immigrants — hand-to-hand fight against our corrupt system of appropriating the Public Revenue until it is exterminated, or rather eradicated. " These and other questions of less moment are fraughtwith incalculal»le advantages, if rightly disposed of. To bring about the two first would he icorth the ex- jyenditure of what little of life 1 have remaining, and the lives of a score of better men. What shall I do ? ..: M PROFESSIONAL AND POLITICAL. 57 :ki| l^'l! ': and cl \YV ass upt it is I -want to he free to act, and to act with all my energies on these questions, and I fear the Chair would be a dead weight upon me — and if so, I want no dead weight. We must give up our lives for the conflict. It will he principle against pvej Lidice, punty against corruption, (jreatness against littleness, light against darkness, Brdish glorij against Jtluenose tinsel, the sun against a rush light — and yet true as are these antithetic descriptions, there will ha found those who will make a desperate defence foi' the cormption, the littleness, the darkness, i:c., and who will tell us the country will be I'uined by their accomplishment." Tlie ideal of Mr. Wilmot, in regard to comnm'cial policy and tariff arrangements, which at the present time have been thrown to the front and challenixe the most prominent consie subjected to its severest strain. But, at the Convention, inter- national themes were to the front : the connnon heritage of the conquering Saxon race — the advantages of international comity — the era, now beginning to dawn, of greatly-increased inter-communication — the splendid developments of an unfettered commerce — the banners of the Republic and of the Empire : the starry folds of the Union, emblematical of God's great works in creation, and the red-cross flag of England, of greater work in Redemption, waving in undisturbed harmony — " Till the war-drum throbhod no longer, And the battle-flags were furled In the rarliament of man, the Federation of the world." ill ■ t I 1 ' Between the British Colonies and the United States there was a natural, geographical, and commercial inter- dependence. In the name of concord and mutual 04 HON. JUDGE WILMOT. welfare and prosperity, he proclaimed a liond of indis- soluble union betw((en the two countries. By means of the iron rail, their possessions, broad as the Conti- nent, would be linked together; and, like the wedding ring, the symbol of plighted faith, it would constitute a guarantee of ])ermanence. Under that ban he pealed anatheniJi upon the restless demagogues of either land who should seek to part them asunder. " He alluded to the fact that exercise of the muscles of the l)ody tended to increased vigor ; and that exercise of intellectual facalties, ami interchange of opinions, strengthened tlie mind. Reciprocity of kindly feeling would, in like manner, enlarge the heart. In the course of his remarks, Mr. Wilmot casually alluded to the question of dissolution of the Union — that the people of the Provinces would look upon such an event as most disastrous to their interests and to the interests of humanity. He thought that even a suggestion in that direction ought to be considered treason by law ; and, with much earnestness, exclaimed : ' Perish the man ivho should dare to think of it.' " * • There were many able and eloquent speeches at that Portland Convention, from parliamentary and public men — both sides of the line — but to Attorney-General Wilmot, by common consent, was awarded the palm of consummate, crowning oratory. He carried the au- dience by storm. To people across the border, accus- tomed to political declamation, it was a matter of amazement that their most brilliant men should be Portland Advertiser. i! I PROFESSIONAL AND POMTinAL. 65 be completely eclipsed. It was still a greater cause of mystery how a style of oratory, of the imaginative and impassioned type, regarded as peculiarly a proTit, to the p(Mplrhaps of oscillation betwixt the Forum and tin- ]3eneh. He was a popular politician. The House of Assoinhly had been tlie scene of mag- nificent oratorical achievement. But then he was also a /cn/.'?/^?'— passionately proud of. his profession and conscious of competent (pialitication lor discharge of onerous and cxaHcd duty. Tn deference, therefore, to special attraction and the unrivalled jo/r.s/'/^^; of digni- fied legal position, ardent and enthusiastic synipathies and aspirations were placed in subordination. He was still in tile meridian splendour of public life. But the j»referenc(^ was laudable and perfectly explicable. He had his rew^ard. The ambition, which as the crown ii i JUDGE AND GOVERNOR. 69 and culmination of a ])rilliant and influential career — professional and parliamentary — coveted honourable and illustrious association and a place on the bead-roll of innnortal forensic fame, was well calculated to ensure and perpetuate recognition. In addition to reasons alreadv indicated, that deter- mined his course, there were probal:)ly others of a private and personal nature. As a conse(jUence of early entrance upon public life, his own business must have been greatly neglected ; and professional income, upon which he M'as mai^iiy dependent, would be considerably curtailed. The inevitable cost of contested elections, undei* the vicious system which at that time prevailed, must under any circumstance ha\'e been a very serious item. In these facts tliere was palpable and cogent reason for accepting honourable judicial appointment — a coveted prize in the legal profession. The transition from stormv debates of the Leuislative Assembly to the ordinarily serene atmosphere of the Court of Judi- cature, not altogether consonant to mercurial elements of mental temperament, brought with it duties of an entirely difi'erent character. He was now largely withdrawn from the public gaze. For some seventeen years, in the impartial discliarge of judicial functions, h'' stood aloof from [»avty nif vemeut. Tliis j)hase of life may, therefoiv, fitly be c^'Mpressed into brUf notice. To the Bench of New iirunsw iclv Judu'e Wiluiut became a noble and splendid accession. Hf was not by any means a Uavk-ldter lawyer. At the bar, in the 'hi 70 HON. JUDGE WILMOT. ^ i;! shape of ancient and musty authorities, he never bored judge or jury by any extra pro(hiction of learned lumber. There is a kind of letral knowledue to be ob- tained in patient, labourious inijuiry and application, foi' which he would never, probably, have become con- spicuous. As a mere hyist of what may be technically known as "cases," fi'om the fibre and constitution of his mind, he could scarcely have achieved any sio;nal success. In contiadistinction to a dull plodder in precedent, he was pre-eminently a jurist. " Under any species of administration," according to the dictum of a distinguished aphorist, " it is seldom that both in- tellect and intregity have a predominating sway." But in a very eminent degree and in marked combina- tion, when Mr. Justice Wibnot presided at the Supreme Court, these desiderated (jualities found exhibition. Keen observation, love for legal studies, extensive pro- fessional experience, acute and penetrating thought, clear and facile intuition and perception of complex and subtle ({uestivjns involved, firm and rapid grasp of principles that govern the noble science of jurispru- dence, in that lofty sphere, could not fail to command appreciation and profound respect. That very rapidity and assurance of mental process, however, by which complicated interests and important issues were appre- hended and anticipatiMl, were almost certain in some cases to produce friction and dissatisfied feeling. Between the Bench and Bar may often be felt the pressure of motives that lie widely asunder. There is an)j)le margin for di vergi'nce of feeling an)gist, and eminent scientists of the United States. The issue of the trial depended chiefly upon correct classification of a mineial, a species of anthracite extensively used in the manufacture of kerosene oil, commonly known as Albert coal. Testimony in this case, for pui'poses of 72 HON. JlTDfJE \V;i,MOT. accuracy, comprised some very minute distinctions and abundance of technical terminology. The Judge was now in his element. Wide and varied knowledge, legal and scientific, was exhibited to very conspicuous advantage. He giive himself to thorough mastery and complete comprehension of the questions in disputa- tion. The ability witli which he presided, the lumin- ous exposition of fundamental principles of law, the acuteness exhibited in grasp of multifarious details and scientific intricacies, commanded o-eneral admiration, From intelligent spectators and distinguished wit- nesses, most competent to determine, he won acknow- ledgment of the hio-liest encomium. TJiC value to his country for many years' service, in faithful discharge of judicial duties, consonant with the pure and lofty spirit of the British legal adminis- tration, from a mere reference to isolated cases, cannot be fully estimated. " The pure and ii'.ipartial admin- istration of justice is, probably, the firmest bond to secure a cheerful submission of the people, and to entrajje their afiections to o'overnment."' * " Justice is the greatest interest of man on earth. It is the liga- ment which holds civilized beings and civilized nations together. Wherever her temple stands, and as long as it is duly honoured, there is a foundation for security, and general happiness, and the improvement and pro- gress of our race. And whoever labours on this edifice with usefulness and distinction ; whoever clears its foundations, strengthens its pillars, adorns its entabla- * Letters of Junius. i; JUDGE AND GOVERNOR. 73 tures, or contributes to raise its august dome still higher in the skies, connects hiniself, in name and fame and character, with that whicli is and must he durable as human society." * During the period of connection with the Bench a relief from severe strain of judicial duty, in response to pressing application, taking advantage of convenient and legitimate method of acting upon popular thought and feeling, Judge Wilmot occasionally lectured on subjects of literary and patriotic interest. Toward the close of the Crimean War, in 185G, a second address on that subject was delivered. The theme was congenial. Aftei- nmch endui-ance, and one of the greatest sieges on record, the foi'tresse I Daniel Wcbatci; D 74 HON. JUDGE WILMOT. " The Assyrian came down, like the wolf on the fold, And his cohorts were gleaming in purple and gold ; And the sheen of their spears was like the stars on the sea, When the blue wave rolls nightly on deep Galilee." During the troubled days of the Sepoy mutiny, in India, the march of the gallant Havelock was graphic- ally describe-d. Ev^en the dark clouds which at the time gathered over our countiymen in that land had a fringe of brightness. " It was not for him to inves- tigate the secrets of Providence ; but there seemed to be wonderful adaptations in relation to these late events." It was a happy circumstance that the re- bellion in India had not happened two years earlier ; then England was engaged in war with Russia. Had this been the case, every European must have died, or been driven into the sea. But again a dispute had taken place with China ; a large number of soldiers were out on the way for the purpose of settling that dispute. The Chinese contingent was, therefore, ready to enter India just when the terrible outbreak hap- pened. A series of Lyceum addresses, in the city of St. John, .858-9, grew into fame. The audiences and excitement were unprecedented in that community. The design of the whole course M'as to deepen in the public mind a sense of indebtedness to the Word of God. Many a thread of purple and gold was woven into the texture of brilliant speech. The touching testimony of Dr. Newman, in regard to "the uncom- mon beauty and marvellous " style of the authorized JUDGE AND GUVEllNOll. 76 version, was emphasized and endorsed : " It lives in the ear like music that can never be forgotten, like the sound of the church hells which the convert hardly knows how to forego. Its felicities seem almost things instead of words ; it is a part of the national mind and the anchoi- of national seriousness ; the memory of the dea