THE *. LIFE AND TIMES OF Sir LeonardTilley BEING A POLITICAL HISTORY OF NEW BRUNSWICK For the Past Seventy Years. BY AUTHOK OF A HISTORY Oi ACADIA. ST. JOHN, N. B 189 7. rr ^ 55228 //a n na \/, -J . Entered aci-ordinfi to the Act of Parliament of Canada, in the year one thousand eight hundred and nniety-seven, by Jamks Hannay, at the Department of Agriculture, Ottawa. A CONTENTS. OOISTTENXS. CHAFIER I. Birth of Sir Leonard TiUey. Fopuiation of New Brunswick in 1818. The Loyalists. Houses of the people. How the people lived. Cooking arrangements. The crops they pro- duced. How the people dressed. Furniture of the houses. Agri(^ultural implements. Wheeled vehicles. The roads of the Province. Means of travelling. Steamboats. The General Smyth. Market boats. Packet schooners. Hotels. Education in a low state. Poorly paid teachers. School grants. Grammar schools. The college. The Madras System.' Religion. The Church of England. Favored by the authorities. The tone of society. The official class. Duelling. The post oHice. Newspapers. The timber trade. Duties on Baltic timber. Drinking customs. The use of rum universal. Large consumption of liquors. CHAPTER IL PoUtical condition of New Brunswick in 1818. The Provincial Constitution. Qualitication of voters Elections by open voting. Functions of the Council. Hereditary office hold- ers. Large powers of the governor. How popular measures were defeated. The family compact. Conflicts between the Assembly and the Council. The Imperial Customs estabiishment. Enormous fees on shipping. The lands of the Province controlled by the Imperial Government. Large fees on land grants. Timber licenses illegally exacted. Abuse of executive responsibility. Predominence of the Church of England. Offlce holders in the legislature. The boundary question with the United States. Rights of United States fishermen. The Provincial revenue. ••, I ■k ^ CONTENTS. CHAFIER III. Aj^itation for a better system of government. The Loyalists in (control of the government. Misnse of the torm " loyalty." A war of pamphlets. I low the governors lectured the Assembly. Governor Smyth's address in 1820. New Brunswick takes a hand in British politics. Agitation against the excessive fees on crown grants. The Council refuse to assist the Assembly. The Dissenters Marriage Bill. Opi>o8ed by the Council, but became law in 1834. ' Agitation against trade restrictions. The Imperial duties. Large customs salaries. Resolution against them in the Assembly. The Council against all reform. The Customs Act of 1835. The end of the Imperial customs establish- ment in 1848. Change in the constitution of the Council — it is deprived of its executive powers. Publication of the Council's proceedings. CHAPTER IV. The casual and territorial revenue Abuses connected with the Crown Land department. Quit rents abolished. Reserved lands for the navy. Bonds for timber licenses. Strong resolutions of the Assembly in 1819. Governor Smyth dissolves the Legislature in a pet. Progress of the agita- tion. The timber bonds cancelled in 1827. Agitation for the control of the crown Iannis. Insolent dispatch of Lord Goderich. Return of crown land revenues. Deputa- tions to England on ttie subject. The Civil List Bill. Sir Archibald Campbell creates difficulties and is recalled. The Province obtains the control of its crown lands in 1837. Provisions of the Civil List Bill. CHAPTER V. The Province becomes affluent. Bad system of appropriating money. The agitation for responsible government. The Assembly refuses to surrender the initiation of money grants Earl Grey's despatch on the subject in 1847. The Assembly passes Mr. Fisher's resolution. Composition of the Legislative Council. New appointments made. Power CONTENTS. vii of the jjovernor to make apiHiintments. 8ir Charles Met- calfo'H conduct ujiplaude.l in New lirunHvvick. The Reade appointment in 1845. Indignation of the family compact. The Assembly ])aHse8 an address to the (^neen on the sub- ject. The appointment cancelled. The Wilmot app<.int- ment to the bench. The battle of responsible government won. CHAPTER VI. Sir Leonard TiUey's ancestry. His j,'reat K'rundfather a loyalist. His grandfatlier and lather. Place of birth. Educ-ation. Ancedote of Sir Howard Douglas. Goes to St. John in 1831. His btisiness life. Became a total abstainer. The election of lb50. Mr. TiUey elected to the legislature. Some of his colleagues : L. A. Wilmot, Charles Fisher, W. H. Need- ham, W. J. Ritchie, John H. Gray, R. D. Wilmot. John R. Partelow. The government still Tory. (Jray and Wilmot enter it. A new education bill. The college. ' Mr. Kitchie's resolution. The St. John bye-election. Mr. Tilley resigns his seat. Railway resolutions. The reciprocity treaty. General election of 1854. Mr. Tilley again elected to the legislature. Defeat of the Street- Partelow government. New government formed l)y Mr. Fisher. Mr. Tilley becomes Provincial Secretary. Responsible government becomes a reality. CHAPTER VII. The prohibitory liquor law. A bold experiment. Strength of the liquor interest. The governor dissolves the legislature. Defeat of Mr. Tilley in St. John. A new government formed by Messrs. Gray and Wilmot. The election of 1857. Mr. Tilley returned for St. John city. Joins Mr. Fisher in the formation of a government. A strong administration. Railway legislation. The Intercolonial negotiations. Immigration. State of the finances. Com- pletion of the railway from St. John to Shediac. Voting by ballot. Re-organization of the college. The Connell episode. The crown land.s investigation. The general election of 1861. Hm CONTENia CHAPTER VIII. The Intercolonial Railwtiy conferenceB. The Trent affair. Mr. Howe's letter. The Duke of Newcastle'H reply. The rail- way terms arranged. Canada declinea to pass the neces- sary legislation. CHAPTER IX. The Confederation ([uestion. Lord Durham. Views of the people. The Hon. JoHe])h Howe. Policy of the BritiHh jiovernment. Growth of the feelii ^ in favor of a union of the cf.lonies. Tlie Railway Facility Act. Maritime union. The le^^isla- ture of Canada's visit to the Maritinu; Provinces. The deadlock in Canada. Confederation the only remedy. The Charlottetown convention. Its capture l>y the Canadian delejjrates. 1 he tiuebec convention. A scheme of union arranged. The objections raised against it. Dissolution of the New Brunswick Lejjislature. Defeat of the Confedera- tion scheme. Mr. Tilley beaten in St. John. The Smith- Anglin ji;overnment formed. Dissensions in its ranks. Resignation of Mr. Anglin. Mr. Pickard's defeat in York. CHAPTER X. Lieutenant-governor Gordon. The Fenian movement. Threats of invasion. The meeting of the legislature in 1866. Con- federation paragraph in the speech from the throne. Attitude of the Legislative Council. A. R. Wetmore deserts the anti-confederation party. Debate on the address in the house. Resignation of the government. The corres- pondence between the governor and his advisers. The Fenian invasion. A new government formed. Mr. Tilley again Provincial Secretary. The general elections. Triumph of Confederation at the polls. Mr. Tilley's part in the victory. His able speeches — his personal magnetism. The new legislature. Confederation resolutions in the House of Assembly. The debate upon them. Mr, Skinner's attitude. Delegates to go to England to arrange terms of union. CONTENTS. l3f CHAPfER Xr. The London conference. The British North An.erica Act The last session of the old legislature. The first Dominion government formed. Mr. Tllley becomes Minister of Customs. The election. Mr. Tilley returned for St. John. The hrst purhament of Canada and its work. CHAPTEK XII. , Mr. Tilley appointed lieutenant-governor of New Brunswicii fhe Pacific Scandal. Mr. Tilley 's hfe as governor. His total abstinence principles. The election of 1878 He is re-elected for St. .Tohn city. Becomes a n.ember of the new government of Sir John A. Macdonald. His speech on the National Policy. His second term as hieutenant uovernor. CHAPTER XIII. Sir Leonard Tilley's last illness and death. His interest in the general election. Universal sympathy and regret at his decease. His funeral. Comments of the St. John press. CHAPTER XIV. Sir Leonard Tilley's home life. His love of old friends His . religious views. Interest in philanthropic objects. His last visit to England. His family. Lady Tilley Her active eflForts in the cause of humanity. Carleton House I'KEFACE f'ps.eif'jPloh:. This work was comraenced some six years ago, for the purpose of relating, in a brief space, the political history of New Brunswick, during the period of Sir Leonard Tilley's life, and telling the story of a New Ih'uuswick public man, who was a member of the first government under the responsible system, and who attained to a greater distinction, both in his own province and in Canada, than any other statesman whom New Brunswick has yet produced. The story of the battle for responsible government has not before been told in any book that has been published in this province, yet New Brunswick's share in that struggle was a most interesting phase of a contest which was waged in every one of tlie provinces that formed the original Dominion of Canada. It is the story of the progress of a people from political infancy to a political manhood, and no person who is not informed in regard to it, can have any idea of the real worth of the institutions under which he lives, or of the blessings which he enjoys under a system of government which tolerates no privileged class, and places all men upon an equal footing. Sir Leonard Tilley was not born early enough to take any conspicuous part in the contest for responsible gov- ernment, but he was a member of the administration which first worked it out in practice, and he was, during PREFACE. xi the whole of his public career, one of its moat strenuous supporters and advocates. The opposition wliich he met with, as a public man, in the early part of his career, was the opposition of those who were opposed to respcnsible government, and who used all sorts of contemptuous ])hrases in describing the new system which had come into force, and which has done so much to strengthen the loyalty of the people of Canada to the mother country. His life is, therefore, united to the story of the growth of responsible government, and is now given to the people of this province, in the hope that it will lead to a closer study of their own political history, and of the lives of the distinguished men who have taken a conspicuous part in it. In preparing this life of Sir Leonard Tilley, the author had the advantage of his active assistance in the collec- tion of the necessary documents, both public and private, which were used for that purpose. Sir Leonard also granted the author numerous private interviews, and was at all times accessible for the purpose of answering any question which might be propounded to him on the sub- jects connected with this book. At tbe same time it ought to be stated that no portion of this volume was ever submitted to him for approval or otherwise, and that, therefore, he is not in any sense responsible for any of the opinions which are expressed in it, either in regard to political questions or the characters of public men. The writer felt that, in preparing a work of this kind, he should not be hampered by the supervision of any other person, and that it would have been embarrassing to him- self, and to the distinguished person whose life he com- jlH PREFACE. memorates, if it had been revised by the latter, and he had been made in any Hense responsible for it. It was intended that this book should have appeared in the year 1891, and a considerable portion of it was actually printed at that date, but circumstances which need not be mentioned here, prevented its publication at that time, and this will account for one or two references in it to dates which seem to imply an earlier publication than the present one. It was also expected that this volume should have made its appearance during the life .,f Sir Leonard TiUey, and it would, under any circum- stances, have been published during the present year, but liis sudden death, which was wholly unexpected, changed all this, and made it necessary to add to the story of his life an account of his lamented death. It may be added that this Life of Sir Leonard Tilley is not written from the point of view of one who believed that he was always right in everything he did. The author was with him in the great struggle for Confederation, and he was decidedly (,ppo8ed to him with respect to the National Pohcy. So far as possible, however, there has been no controversial matter introduced into this volume in regard to any question which can now be considered as a live one, of which is likely to be again fought out at the polls. LIFE AND TIMES OF SIR LEONARD TILLEY. (.'HAI'TKE I. ■"IK ■S'.CUL AN,, ,N,„;s™,A,, ,„^„n-u„ OK NKW ,U„mK- wic-K IN 1818. .Si.- Sam„...| l.„„„ard a'ill,,,, wl.o wa, do,ti„«d to be w,.e J-munc. Minister of (, ■„«.!,, and twice l.ieutemat Governor of New Bru„,sw,ck, wa.s ,,or„ at Oasetow,,, i„ ti,e County of Queen., „„,! Province of New J!r„n.,wick on the 8th Ma,.. 1818. At that t.ne New BrnnS had existed as a .separate province for thirty-foar year, and thirty-five years had elapsed since the amval of the first great immigration of ioyali.,ts at St. John Only fifty-six years before, the Krst English settlers of New Brunswick had reached the month of the St. .lohn river, 2 LIFE AND TIMES OF aDd the township of Maugerville, the oldest agricultural settlement in New Brunswick, only dated back fifty-five years. The I'rovince was young not only in years but in character; it was undeveloped and uuprosperous, polit- ically and economically. It becomes necessary, therefore, to a right understanding of the career of the subject of our biography, to describe the condition of New Bruns- wick at the date of his birth, and the social and political state of its people. Any one who imagines that life in New Brunswick in 1818 was at all like what it is in 1891 will be guilty of a grievous error, for changes of the most revolutionary character have taken place in re- spect to almost everything which enters into the lives of the people. In 1818 the population of the province did not exceed 60,000 souls. The first census was taken in 1824, when it was found that New Brunswick had 74,176 inhab- itants. But the immigration had been large between 1818 and the year of the census, so that the population in 1818 was probably less than the figure named. The city of St. John at that period had fewer than 6,000 inhabitants, and the entire county, including Portland, and exclusive of the city, not more than 3,000 persons. Fredericton had then a population of about 1,500 or less than one fourth its present number. The entire County of York, in- cluding the capital of the Province, had not more than 8000 people. Northumberland with about 12,000 inhabitants was the most populous county, but its area then includ- ed what is now Kent, Gloucester and Eestigouche. SIR LEONARD TILLEY. 3 Westmoreland, which included the territory which is now Albert county, had 6,000 inhabitants, and Charlotte about the same number. The County of Queens in which Sir Leonard Tilley was born had not more than 4,000 people. It was the day of small things in New Brunswick, seventy- three years ago. The population of New Brunswick was much more homogeneous in 1818 than it is at present. The original settlers were from Massachusetts and largely came from a stock which had been settled in New England for a century or more at the time of their emigration to the River St. John in 1762 and 1763. The Simondses, Hazens, Burpees, Perleys, Coys, Barkers, Whites, Quintons and other families which then settled in New Brunswick were all of New England growth, and brought with them the peculiarities and customs which prevailed among the people who were settled around Massachusetts Bay. The Loyalist immigration largely added to the number of persons from New England, but it also introduced a still greater number from New York, the Mid-die States and the South. Still the stock was mainly English and sub- stantially the same in origin as that which came from New England, although differing from it in some minor points of custom and speech. The only elements that came in the Loyalist immigration which differed radical- ly from the old stock were the disbanded soldiers of the regiments raised in the British Islands, and a few Hes- sians who preferred to remain on this side of the Atlantic rather than trust themselves again to the tender mercies 4 LIFE AND TIMES OF of their hereditary prince. It was not until 1817 that the immigration to New Brunswick from the United Kingdom commenced which was destined so materially to modify the character of our population. This immi- gration has now practically ceased or rather has become insignificant in projiortion to the number of natives, so that tlie population of New Brunswick has again largely grown to be a native one, and its characteristics are becom- ing fixed. The old struggle between the Loyalist element and the new comers has ceased; numerous inter-mar- riages with Loyalist families have immensely added to the number of those who claim descent from the immigrants of 1783, and. except where religion is involved, race ani- mosities have died away. But throughout the greater part of Sir Leonard Tilley's career these race animosities were active and potent and exercised no small influence on the ])olitics of the Province. In 1818 the homes of the people of New Brunswick presented a marked contrast to their present aspect. In the cities, wood was the universal building material, the number of buildings of brick and stone being so few as to be hardly wcjrthy of mention. St. John did not possess a single brick residence until the year 1817, when the Disbrow house on the corner of Germain and Church streets was built. The great majority of the residences were quite plain in appearance and not too well provided with conveniences. Bath rooms were hardly known; there were no sewers worthy of the name, and the sup- ply of water for domestic use had to be obtained from SIR LEONARD TILLEY. $ wells. In 1818, and for many years afterwards, water was hawked about the streets of St. John at a halfpenny a pail. The houses of the better class in the cdtios were generally two stories in height with a high pitch roof. Some of these buildings exist at the present day and en- able a striking contrast to be drawn between the best houses of that age and of this. A few very rich men, however, who were ambitious to have, fine mansions, erected houses of a more pretentious character shortly after the era of which I have been speaking. The Wright house, built by the collector of the port of St. John in 1819, was the finest of these, but it was destroyed in the great fire of 1877. The Peters house on Coburg street, which was built by Attorney General Peters, and is now owned by the Hatheway family, is almost the only survivor of the better class of houses' of that day. Both of these mansions were built of stone. The Hazen house, on the corner of Charlotte street and King Square, which is now the Hotel Dufferin, is another survivor of that time. The average country house of the year 1818 in the old- er settled parts of the Province was a story and half wooden building with a narrow hall in the middle, giv- ing four rooms on each floor. A high chimney with two or more fire-places connected with it afforded the means of heating the kitchen and sitting rooms. These great fire-places were very pleasant to look at when the fire was blazing brightly, and in moderate weather in winter were not uncomfortable. But when the mercury fell to LIFE AND TIMES OF zero and the cold winds whistled about the unsheltered house, the fire-place as a means of heating failed. The hapless individual who sought it for warmth was roasted on one side and frozen on the other. The only thing the fire-place insured was good ventilation, and the great majority of country houses were quite too well provided in this respect, and admitted the cold air with a degree of freedom which was very unfavorable to the comfort of their inhabitants. In the newer settlements log houses predominated and they were still more uncomfortable than those just described. Only a vast consumption of fuel, which was everywhere abundant, rendered them habitable. All the cooking of those days was done at the big fire- place. A swinging crane hung over the fire and it was provided with hooks of various lengths upon which the pots could be hang. Bread was baked and meat cooked in a large flat pot with a cover which was known as the bake-kettle, and with a good fire and plenty of live coals on the hearth, where the bake-kettle was placed, and on the cover of this important utensil, the cooking was usu- ally well done. But with this system cooking of all kinds was extremely laborious. The fire-place itself was frequently five feet in width and the back-log which formed the basis of the fire, and without which a good fire could not be built, was generally so huge and heavy that it could not be lifted but had to be rolled into its place. Swinging a heavy pot filled with potatoes on to the crane was laborious work, and required lifting powers SIR LEONARD TILLEY. f beyond the strength of ordinary women. When the farm was extensive and large quantities of food had to be cooked, not only for the persons who lived and worked upon it but for the cattle and pigs, the work of the women became so heavy that it was injurious to their health and made them prematurely old. There is a be- lief in many quarters that the people of that time lived better and reached a more vigorous age than those of the present day are bkely to attain, but this is a delusion. The few rugged survivors of the period of which I have been speaking are no moi-e to be taken as types of the average individual of that time than some Hercules of the present day is to be taken as a sample of the average man. It is one of the beneficent consequences of our im- proved way of living that the weakly and frail now have a chance of existence, and, although their lives may not be prolonged to great age, they can do much good work for themselves and for the world while they are with us. Seventy years ago the people of New Brunswick were neither so well fed nor so well clad as they are at present. The farmers of those days grew a great deal of Indian corn and this grain entered very largely into the food of the people. Among working men corn meal porridge was much used, and at many of their meals it was the principal dish. The Legislature gave a bounty for the growing of corn on new land, and thus its production was stimulated especially in the river counties. There was no oatmeal in the province in those days because there were no mills in which it could be ground, but oats were a LIFE AND TIMES Ol' grown in considerable quantities for tlio lunibermen. Wheat was grown to a limited extent, l)ut wheat flour was niucb less generally used as food tluin is the case at present. In the year 1819 there were 32,8r(7 barrels of flour imported into New lUunswick and 8,109 were ex- ported, leaving a net consumption of 24,748 barrels, so that no great quantity of wheat could have been grown in the j)rovince at that time. Barley was grown to some ex- tent and also rye. Very little bu(;kwheat was then pro- duced by our farmers, but potatoes, beets, carrots and other vegetables were grown in considerable quantities. There are no figures of the live stock owned by the farm- ers of New Brunswick until the year 1840, but in a gen- eral way it may be said that swine and sheep were more plentiful in proportion to the population in 1818 than they are at iiresent. With respect to clothing, the people of the rural dis- tricts supplied the largest part of it for themselves. Large flocks of sheep were kept by the farmers and theii' wool was made into homespun by the labor of the women of the family. The wool was in 1818 carded by hand, but, in the course of time, carding mills were in- troduced and the women relieved of this laborious work. The spinning and weaving, however, remained a part of their tasks, no house being without a spinning wheel and few without a loom. The homespun thus produced was worn by both men and women and was thought good enough for any person. Homespun was made of the wool of white and black sheep mixed, five or six of the SIR LKONAKI) TILLEY. 9 latter being kei)t on every farm to color the cloth, which was culled sheep's grey. There wiia a sort of Kersey cloth, blue and white, which was made into blouses for tlie men. The blue dye-tub was a feature of every kitchen, and, as it was necessarily closed with a tight cover, frequently served as a seat. Women had their dresses made in j)laid patterns and frequently wore what were cfilled camlet cloaks, a sort of Scotch jtlaid with very bright colors. Their dresses had mutton leg sleeves and their bonnets were of the coal scuttle order. Men wore surtouts that came to their feet, enormous ca])es covered with j)leats and bell crowned hats. The waists of both men and women were just under their arms. When a man wished to have a fashionable Sunday suit he had his homespun fulled and ])ressed, there being a few mills in the province at which this work could be done. This thickened the cloth and made it more j)resentable, but suits made of fulled cloth were seldom well fitting or attractive. A tailor was employed to come to the farm- house and make up the suit, and one suit of this kind was generally required to last several years. In respect to dress neither the men nor the women of that day could bear any comparison with those of the present time. All kinds of imported cloths were costly, especially cotton which is now so cheap. In lieu of cotton many of the thrifty farmers' wives manufactured linen out of home grown flax, a laborious and slow process, which seldom yielded good results. In nothing is the advance of civiliza- tion more marked, and with it the increase of comfort, 10 . LIFE ANT) TIMES OF than iu the, cheapness of cotton goods which now enter 8o largely into the domestic economy of every in- habitant of this province. Ready-made shoes were not to be had in New lirunswick in the year 1818, and the foot-wear for both men and women was a product of the farm. The hide; of the slain beeve or calf was tanned in- to leather, and the shoemakcir, who like the tailor, was a nomadic individual, did the rest. Then; was not much style about the shoes made under this system and ladies with small feet had but little opportunity of dis- playing their neatness in calfskin shoes of home manu- facture. Great as is the contrast in the clothing of tlie peo- ple between 1818 and 1891, the contrast in the furniture of the houses is greater still. Few houses in the coun- try had carpets and when there w^as a carpet in the parlor it was invariably home-made, woven out of the wool grown on the farm. Chairs of painted wood were consid- ered good enough for the best room, and very fre(j[uent- ly they were of home manufacture with bottoms of split ash woven in by the Indians. In the kitchen, which was the living room of the house, benches were the ordinary seats. A box about six feet long, two feet wide and two feet high and with a high back, answered for storing fuel and for a bed at night. Frequently the children slept in trundle beds, which to economize space were pushed un- der the beds of the older people during the day and drawn out at night. Such a thing as a piano, organ or other similar musical instrument could hardly be found SIR LEONARD TILLEY. n in a country house in the i)rovince of New Jirunswiok in the year 1818; now there are few country houses without them. In the matter of books there was also a great contrast between that time and the presimt. The average farm house was well equipped with reading matter, if, besides a Bible, it had a book of sermons, the Pilgrim's Progress and Doddridge's Saints Kest. News- papers were seldom to be seen in the country and where they were taken no one was allowed to read them on a Sunday. • The agricultural implements used by the farmers in 1818 were of the most j)rimitive descrii.tion. Labor- saving farm machinery was unknown. The i)loughs were not much in advance, so far as etticicncy wtmt, of those in use in Europe a thousaud years before. Their mould-boards were of wood sheathed with iron and they had but one handle. The harrows were home made and most of the other implements were clumsy and inefficient. Mowing machines and reapers had not been invented and aU the grain had to be cleaned by the wind, after the manner of the Egyptians three thousand years ago. Oxen were much more used than horses in all agricultural operations and much time was wasted by the farmers in following their tardy footsteps. The science of agricul- ture was but little understood and the proper rotation of crops received hardly any attention. The cattle on the farms were of inferior breeds and yielded but a poor re- turn for the food they consumed. No attention whatever was paid to housing them properly. Any kind of a shed 12 LIFE AND T1MF>! OK WHS considorcil ;/oo(l cnouf^'li for ii burn, ami, while they frtMiiumtly sutlortMl from iiiHiilli(!ien(iy of food, they invur- iiiltly were oxpoHed to the cold. The sunie inferiority of breed vvhieh iiiarked the euttle of the eountry extended to the hor.ses, mIrm;]* and swine, esiH'cially the latter which were mostly of the racer variety and yi(ddud a minimum of tlesJi and fat from a maximum of food. Farm \vaj,'ons were almost the only wheeled vidiicles in use in the rural districts. A few persons possessed what was termed a chaise, a high two wheeled affair on leather sj»rings, but these chaises were not common and were rather thou^-lit to savor too much of luxury. The ordinary mode of travelling was on horseback and when a lady went to market or to cliurch she usually rode be- hind her husband on a pillion. Most of the inhabitants however, were settled on the banks of large rivers, so tliat boats and skiiTs were available for much of their travelling. There were about five hundred miles of so- called roads in the Province at this j)eriod, but most of them were mere bridle paths, only suitable for persons on horse])ack. The mail from Fredericton to (iagetown and St. John was carried by a courier on horseback who gave due notice of his approach by vigorously blowing a horn. The principal road from St, John to Fredericton in 1818 followed the west side of the river past Oak Point, Hampstead, Gagetown and Oromocto. It was 82^ miles in length and a ferry had to be used at the mouth of the Nerepis and at Oromocto. The Nerepis road, which reduced the distance to Fredericton by about 17 8IK LKONAKI) TILLKY. IS miles, wfiH not opriu'd until sonu' y«'iirs liiler in the time of Sir llowjinl Dou^'luM. There were two other roiuls he- tween St. John and Krederieton in tho.se days, one on the east side of the river by (londolii Point, Kin^'ston, the Head of Hellisle, Waahudeinouk, Jeniseg and Shetheld, which was Hi\ miles in lenj^'th; the other by Hampton Ferry and Head of Helli.sle to Vanwart's, where the St. dohn river was crossed and th(^ road on the west side of the river foUowcnl to Oroniocto and Frederieton. The other roads of th(5 I'rovince at this time were one to Fort Cuml 'vland by Hanii)t(m Ferry, Sussex and the * Bend 144A miles in length; a road from St. .John to St. Andrews 07 miles in length, and a road from Frederieton t-o Miramiehi lOHh miles in length. There was no road north of Frederieton on ether side of the St. John river; no road between the Bend and Miramiehi, and no road north of the Miramiehi River. The roads oi the pro- vince were always an objec<^ of interest to its peojtUi and in 18ir», 1817, J 81 8 and subseciuent years the Legisla- ture inade liberal grants for their improvement, but the great size of the rivei's, necessitating long and costly l>ridges, and the other ditticulties incident to the construc- tion of roads in a forest country, made jjrogress slow and for many years kept the roads in a backward state. The only mitigating circumstance was that the people used the roads as little as possible and relied almost entirely on water communication where there were any considerable loads to be carried. At that date the distinction be- tween great roads of communication and bye roads 14 U¥¥j and timp:s of was recognized, but thore is no information available as to the number of the latter, or their aggregate length. When the great roads were in so bad a condition the slate of the bye; roads may be imaginerl. Many of them had merely a nominal existence and some were little better than blazed juiths through the forest. The year in which Sir I.eonard Tilley was born was the third year that a steamboat ran on the river betwecm St. John and Fredericton. Prior to that time the only means of travelling of a public character had been by small sloops and schooners. In 1784 Ne- hemiah J3eckwith established the first scow or tow- boat on the river between St. John and Fredericton and in 1786 the schooner Four Sisters began to make regular trips between the two places, leaving St. John every Tuesday, wind and weather permitting. Sloops and schooners continued to run long after steamboats were introduced and did not cease their trips until the year 1843. The passenger sloop of the year 1818 was not a very comfortable kind of vessel. Bishop Plessis of Quebec who travelled from St. John to Fredericton in the sloop Minerva, commanded by Captain Segee, in 1815, gives a very amusing account of his voyage. They em- barked at Indiantown on Thursday morning the 17th. August at 8 o'clock and did not reach Fredericton until Saturday afternoon at 4 o'clock. It thus took the Bis- hop fifty-six hours to accomplish a voyage which is per- formed by the steamboats of the present day in less than seven hours. This sloop had twenty-one persons on BIK LEONARD TILLEY. 16 ])oard, of wlioiii four were women and four diildren, and she was so small that this iiumh(;r crowded her uncom- fortably. The caj)tain, a mate and two negroes formed the crew. A small-after ca})in was reserved for ladies and the forward one was for the men and was ah' ) used as a dining room. It was too small to allow all the twenty-one ])assengers to eat at once so that they had to be accommodated at two tables. The sleeping conven- iences were wretched. The good bishop says patheti- cally in his journal: — "Dirty beds without clothes and without blankets were the lot of whoever did not wish to sleep in the common room and in view of the other passengers, men and women, who were enjoying them- selves at cards far into the night. The first was so disa- greeable to the prelate that he retired in his little cabin with Messrs. Broncherville and Gadreau which scarcely sufficed to hold them, much less their baggage which had been piled into a heajj. The following nigbt, the weather being fine and the moon bright, he determined to re- main on deck where towards morning he enjoyed a few hours of uncomfortal)le rest on overcoats and other articles of ajtparel gathered up from one place and another, for since leaving Halifax he found himself deprived of all his articles of night use. It was under all these incon- venciences that two nights and nearly three days were to be passed in this miserable sloop." The experi(!nce of the Bishop of Quebec was by no means singular, for the Kev. George J. Mountain, who was afterwards Episcopal Bishop of Montreal, was three days 16 LIFK AND TIMES OF on the river between St. John and Oromocto in the year 1814, and being becalmed at the hitter place had to make the remaining part of the journey to Fredericton on horseback. It will convey to the modern reader some idea of the difficulties of travel in those days to learn that the journey of this clergymin from Queljec to Fred- ericton occujiied almost six weeks, and cost as much money as a trip to Europe and back would at the present day. He hrst set sail in a transport from Quebec to Charlottetown, P. E. I. From thence he crossed to Pictou and proceeded by land to Halifax. From the latter place he went to Annapolis and crossed in a schooner to St. John. No one travelled for pleasure in the year 1818, The first steamer on the St. John river was the Gen- eral Smyth, and she reached Fredericton on her initial trip on the 21st. May 1816. This vessel M^as named af- ter the Administrator of the province. General George Stacey Smyth, and like most enterprises of that time had her origin in a provincial bounty. In 1812 the Legisla- ture passed an act "To encourage the erection of a pass- age boat to be worked by steam for facilitating the communication between the city of St. John and Freder- icton." This act was amended and its provisions extend- ed by a statute of 1813 and it was still further amended and extended in 1819. By this last act the owners of the General Smyth were granted the exclusive right of navigating the St. John river by steam for a period of ten years. This monopoly expired in 1829 and was not renewed. The General Smyth only made oc ; trip a SIK LEONARD TILLKY. 17 ■week to Fivdericton and therefore did not serionsly inter- fere witli the sloops which did not abandon the river until numy years after a steam tng was thoroughly estali- lished. This j)ioneer steamer took fifteen hours to make the trip from St. .fohn to Fredericton. The tri}) cost four dollars each way or just four times the present fare. The General Smyth was very unlike the steand»oats of the present day, all her cabins being below the main deck. The St. George, owned by the same C(mi})any, fol- lowed the (Jeneral Smyth but the latter was the only steamboat on the river when Sir Leonard Tilley was born. The peo])le who resided on the St, John Itiver, how- ever, did not rely on either the steamer or sloops to take their produce to St. John. They had what were called market boats, these boats being like those used in the whale fishery, sharp at both ends, but considerably larger than a whale boat. They had a cuddy forward, in which a couple of people could find shelter, and carried a mainsail and jib rigged on one mast. Dozens of these boats were to be seen in the market slip at St. John during the summer and nearly all the produce that was con- sumed in that city was carried in these market boats- For people to whom time seems to have been of little value they answered well enough, but they would not be regarded with favor by the farmers of to-day, who look upon time as money and send their produce to market in the most expeditious manner possible. Communication was maintained in 1818, and for fi 18 LIFE AND TIMES OF many years afterwards, between St. John and Digby, by means of a packet schooner whicli received a subsidy of £150 a year from the Government of this Province and a similar amount from the Government of Nova Scotia. It was not until the year 1827 that the first stfiamer was placed on this route. The steamboat service across the Bay was steadily maintained from that time for the growing trade of St. John was vitally iniorested in it being kept up. In 1818 a packet sloop named the Wellington own- ed by Noah Disbrow ran to New York, and several small sloops with accommodations for passengers sailed between St. John and Eastport. In 1824 this service was supple- mented by a small steamer, the Tom Thumb, which made trips from St. John to the ports on Passamaquoddy Bay. In 1825 a packet schooner of considerable size com- menced to run to New York, and for many years the packet service to New York was continued. At a later period steamers were put on the route between St. John and Boston, but even so late as the year 1838 persons going from St. John to Boston had to disembark at Eastport and drive by stage to Bangor, where they took passage in a steamboat for Portland or Boston. It is hardly necessary to remind the reader that in 1818 slow and un- certain sailing vessels were the only means of reaching Europe from St. John, it being then thought quite im- possible for a vessel wholly depending on steam to cross the Atlantic. The hotels of New Brunswick in the year 1818 were few in number and of inferior character. Bishop Plessis, SIR LEONARD TILLEY. 19 whom we have abeudy ([uuted, gives a very uiiHattering account of those he encountered at Fredericton in the year 1815. Judging from Ins description tlie city hotels of that day must have been much worse than the most inferior country inns of the present time. The bar was the most prominent feature in all of them and the name "tavern" wliich was usually given to them very jjroperly described their character. It was not until the year 1837 that the peojtle of St. Johu had in the old St. Jolin ho- tel a place where a traveller could live in comfort and decency. In the country the fewness of the travellers and the universal hospitality of the people made hotels almost unnecessary, but when a new road was opened up it was essential that houses should be provided at which a traveller could find food and shelter. Thus when the Nerepis road from St. -lohn to Fredericton was complet- ed in 1824 two persons were induced to settle on it and keep houses of entertainment, receiving pay from the Government for doing so. This custom was continu- ed for many years with all tlie new road's that were opened up, and no Itetter proof could Ije adduced of the primitive state of att'airs which existed at that day. The keepers of these subsidized wayside inns usually re- ceived from £25 to £50 a year, and considering that they had to live remote from their fellow men they were not overpaid. Education was in a very unsatisfactory condition in the Province of New Brunswick in the year 1818, and it continued in that condition for many years afterwards. 20 LIFE AND TIMES OF If Avo may judge from the statute book the foundera of tlie ])i'ovince liad very little ai)j)reciatioii for the advan- tages of education, for no law was ])assed with a view to the establishment of public schools until the year 1805. In that year "An act for encouraging and extending liter- ature in this Piovince" was passed under the jn-o visions of which a public grammar school was established in the city of St. John which received a grant of £100 for the purpose of assisting the trustees to procure a suitable building for school uses, and also an annual grant of £100 for the support of the master. The same act jn'ovided for the establishment of County schools, and the sections relat- ing to them being limited in respect to time were con- tinued by 50th Geo. 3rd, cap. 33 to the year 1816 when they expired and were replaced l)y "An act for the establishment of schools in the province." This act expired in 1823 and in its i)lace "An act for the encourage- ment of Parish schools" was passed the same year. This last act was repealed by "An act relating to Parish schools" passed in 1833 which continued in force for many years. All these acts were essentially the same in juin- ciple as they provided for government aid to teachers who had been emjdoyed to teach schools in the parishes under the authority of the school trustees. The act of 1833, which was considered to be a great improvement on former acts, provided for the ai)pointment of three school trustees in each parish by the sessions and these trustees were charged with the duty of dividing the parishes into dis- tricts and directing the discipline of the schools. They SIK LKONAPvI) T11>M',Y. 21 were reciuired to certify once a year to the Lieutenant Governor as to the niunl)er of schools in their parisli, the number of schohirs and other j)articulars, and on their certilicate the teacher divw the government money. Tliis nuMiey was granted at the rate of £20 for a male teacher who liad tauglit school a year, or £10 for six months, and £10 for a female teacher who had taught school a year, oi- £5 for six months, provided the inhabi- tants of the school district had subscribed an equal amount for the support of the teacher, or su])plied board, washing and lodging to the teacher in lieu of the money. Thus, a male teacher, in a district where a school was always kept, would receive for his year's work his board, lodging and washing, and £20 in money, and a female teacher £10. Such a rate of remuneration was not well calculated to attract competent persons and the result was very unsatisfactory. Most of the teachers employed were old men who had a mere smattering of learning and who were very incompetent instructors. They usually boarded around among the parents of the pupils, living at each house in proportion to the number of scholars sent. This system, which raised them but one degree above the condition of paupers, was not conducive to their comfort or self-respect. As there was no uniformity in the books j)rescribed and no sufficient educational test, the results of such teaching M-ere not likely to be satisfactory. Sometimes the teacher was a woman who eked out a scanty subsistence by communicating her small learning to a few scholars whom she gathered in 22 LIFE ANIJ TIMES OF her kitclieii. Oeiierally, however, tlie school buihliiig was a \(>)f liut without any of those apijliaiices whicli are now regarded as essential tc the proper instruction of youth. In tlie year 1818 tlie sum of £3,000 was i^ranted by the Province for tlie support of public schools ; and in 1819 the same amount was granted, l)ut a return made to the House of Assembly shows that only about one half of these auKJunts was expended, so that there were prob- ably less than one hundred schools in operation through- f»ut the Province, and j)erhai)s 4,000 would be a high estimate of the number of pupils. Thus it will be seen that, not only were the educational qualifications of the teachers low, but the schools, such as they were, never became numerous enough to meet the educational wants of the children. This condition of affairs was somewhat im])roved by subsequent legislation, but it was not until a Normal School was established for the training of teachers that New Brunswick can be said to have had good schools. The free school act of 1872 finally gave this Province, what it needed most, a first-class school system by which every child born in it could obtain an education. In 1816 an act was passed providing for the establish- ment of grammar schools in the several counties of the Province. At that period St. John and St. Andrews had already grammar schools which had Ijeen established under separate acts, and Fredericton had an Academy or College which was founded by a Provincial Charter SIR LEONARD TILLEY. Zi granted by [.ieutdnunt (Jovenior Carletoii in IHOO. The counties of St. John, Cliarlotte and York were therefore exc(q)ted from tlie oj)eration of the ;4;en('ral act for tlie establishment of grammar scliools, Tliis act, after being amended in 182.'i, was finally rejjealed by the act of 1829 "which endowed Kings College at Fredericton and made new ])rovisions for the establishment and snp])ort of grammar schools thronghout the Province. Kings Col- lege, at a later ])efiod, develoi)ed into the I'niversity of New lirnnswick, which is the only Provincial institution for higher education that we possess. It had its Itegin- ning in the original charter of 1800, already referred to, which established the College of New Brunswick. In the same year the ( Jovernor and Trustees of the (,'ollege of New P>runswiek received a grant, under the great seal of the Province, of a considerable tract of land in and near Fredericton for the support of that institution of learning. In the vear 1818 the New Brunswick College was merely a classical school receiving from the Legislature annually £250, which was the same amount then allowed to the St. John grammar school. Its principal preceptor was liev. James Somerville, a Church of England clergyman, who was also chajdain to the garrison at Fredericton and chaplain of the House of Assembly. This gentleman afterwards became Professor of Divinity and Metaphysics in Kings College, under its new charter. In 1818, part of the work of the so-called New Brunswick College was done by a tutor named Shelton. The St. John grammar school was then conducted by James Paterson, who took LIKK AND TIMES OK duir^u of it timt ycur iiiul who coiitiiuKMl lo In- its head master for iijtwiird.s of forty years. Tlu; KrcHhu-icton s(^h<»ul and tiie St. .John <,Mainiiiar scluxd were the otdy institutions in the Province wiiere anything' like a uood chiHsieal education couhl he ac(juired in the year 18 IS, hut in th(! coui'sc (d' a few years <^iainniar scliool.s were establislied in all (he (bounties, aiul that at Ga}j;etown was the one at uliicli Sir Leonard Tilley comj^leted his education. About this time the attention of "the ]ieo])le of tins rr(»vince was directed to what was called the Madras system of national schools as conducted by Dr. Bell, the real founder of the system being Joseph Lancaster. This system de]»ends for its success on the use of monitors, who were selected from among the senior pujdls, to in- struct the younger ones. It was 8Ui)posed at the time to be a notable discovery, but like other short cut? to learn- ing, it has fallen out of favor. In July, 1818, the first Madras school was established in St. John by a Mr. West from Halifax. This was a boy's school, and a school for girls, (ju the same system, was o})ened a year or two later. InlSl'Ja Madras School Charter was procured, under the gieat seal of the Province, and the Madras school system established on a substantial foundation. The province gave a grant of £250 for the erection of a suitable school building in St. John and the National Society in England contributed to its su])port. This charter was confirmed by an act passed in 1820. The St. John school was to be regarded as the central school, but it was the design of the charter that the benefits of the SIR LKONAIil) TIIJ-EY. 25 Hy.sU'in .slioiijd be cxtciulcd to otluT ]>iirts of the Province, und this was luuiordin^dy done. Tlic Miidrns scliools received liberal ajijuopiiatidiis of nioiiev, and lai^jc }j;nints of land, and tlicv continued to exist until the introduction of the fice school syMteni. ( )nt' (»i' two of thcni indeed continue in operation up to the j)rescnt tiuie, but they liavc Icjst their orij^dnal character and have l)ec(»nu! simply Church of Knj^dantl schools, that denoniinatitni liavinf^ approi)riated the Madras school endownuMits to the support of schools in which its ]»rinciples and creed are tan«,dit. It is clearly the duty of the Le^dslature to take over the Madras school jn-operty for the benclit of the eominon scho(jls. The ('hnrcli of England was the leading religions body in the Province in 181S. A majority of the influential settlers among the Lovalists bclony;ed to the ('hurch of England, and for a time it was virtually regarded as an established (shurch. One of the first acts of the Legislature of New Brnnswick, 2(3th Geo, .Srd, Cap. 4, was "An act for preserving the CJhurch of Kngland as by law established in this Province, and for securing liberty of consciience in matters of religion." This act was not (|uite so sweeping in its provisions as its title would seem to indicate, its principal featnre being a j)rovision reciuiring beneficed clergymen to read the service in their parishes at least once a month. Liberty of conscience was granted to all dissenters, and they were also given the right to erect meeting houses and conduct pnblic worship. The principal disability from which ministers of 20 1,1 IK AM) TIMES OF otlmr (Unitiiniimtioiis siiI!(M'(m1 wiim tliiit they vvero (lonicd the rij^'ht to soN'mnize miiriiii<,'i',s. Hy lUst (ico. Mnl, Clip. ;"», tlu' rir tluit its iidhiMvuts woro much less numerous, in jmtportion to the rest of tlie j»o|»uliitiou, than tlu^y luid been when the Province was first settled. Tlien^ was no bishop of the Church of Ku^daiid residinj^'in New llruuHwick in 1H18, nor for many years afterwards, the appointment of the tiist hisliop of I'liMh'ricton, who exercises ecclesiastical jurisdiction over the entire province, taking' place in 1845. The New lirunswick cler<,'y were in 1818, and uj) to the year 1845, under the juris- diction of the Hishoi) of Nova Scotia, and that ecclesiastic was, until the year 18.'i3, a member of the Council of New Urunsvvick which, besides bein^' a lej^islative body, had also executive functions. The Hishop of Nova Scotia appears to have been present at only one meetinjj; of the New l>runswit'k Council, the date beinji; the .Srd .Inly, 182H. J lis visit to this jn-ovince at that time was in connexion with his proper duties as a bisho]>, and on that occasion he consecrated St. .lohn's Church in this city. The ajjpointment of the P)isho[) of NovJi Scotia as a member of the Council of New Hrunswick sulliciently shows, if any })roof was needed, that the (,'hurch of Entflaud was regarded as established in this Province. This idea is also embodied in the charter of Kings College, which was granted in 1828. This charter makes the bishop of the diocese the Visitor of the (College and declares that the president shall always be a clergyman, in holy orders, of the United Church of England and Ireland. No religious test was re([uired of students 28 LIFE AND TIMES OF I muti'iculiitinj^ or (akiii<^ (le<^roes in arts, but the Council of I the CoUej^'o, which was the j^ovcrniii^ hody, w.'is to be | composed of members of the Churcli of Enf^land, who, I previous to their appointment, had subscrib(!d to the f thirty-nine artichis. The professors to the number of I seven, who were members of tlieCJburch of Knj^dand, were | to be members of the Council, so that although no | religions test was required of tliem it was reasonably | certain that none but persons of that denomination would | be appointed to professorships. This much can be said Jj in favor of Kings Colley;e, that its charter was much less :' O O » ft. illiberal than that of its namesake at Windsor, Nova | Scotia, yet surely it was a rauk absurdity to place a :^ provincial college under the control of a single denomina- f tion which could not claim more than one-third of the population of the Province as belonging to its communion. | This injustice to the other denominations was finally redressed, but not until after the lapse of many years and when the usefulness of the College had become seriously impaired and its very existence threatened. Even at this day it is doubtful if the University has ever recovered from the malign effects of the narrow and sectarian spirit which sought to make it the College of cue denomination instead of a University for all classes and creeds. In 18 IS the majority of tiie men who had come with the Loyalists, and who had occupied influential positions in the early years of the Province, were dead. Many of these men were well educated, and some of them had SIR LEUNARl) TILLEY. 29 tilled oflice.s of liiut it cost one shilling and tin f ])ence to send a letter to Dalhousie, one shilling and six pence to send it from St. John to Quebec, and one shilling and eight })ence to forward it to Montreal. These excessive rates of postage existed until the year 1850, when the post office department was transferred to the provincial government. A curious light is thr(jwn on these high rates of postage by some correspondence which passed between the i)0st office authorities and the government of New Brunswick in the year 184o in regard to the ]Kjstage charged on certain. public documents which had been forwarded to the government of this Province from Nova Scotia and Prince Edward Island. A copy of the laws of Prince Edward Island, which had been sent from Charlottetown for the use of the provincial government, was charged £34 1 lis. 8d. postage, upon which the provincial c 34 MFE AND TIMES OF autli()iitit!S here refused to take it out of the post oitice, and a long correspondence ensued in regard to it. The packet in which the law book was contained being closed, it was sulyect to letter postage, and the Tost- mastei' General or his deputy was unable to relax or reduce the rate, so that the book in ({uestion probably never reached its destination. It is impossible to exaggerate the inconvenience which must have resulted from such excCvSsive rates of postage ; nor was this the only evil from which the Province suffered in cotinection with the post ottlce department. Mails, which now go daily or twice or three times a week, at that day seldom went oftener than once a week, and these mails were usually so small that a courier on horseback was able to carry them with him. Those who had friends at a distance seldom resorted to the post office for the purpose of communicating with them, and depended on sending letters by private hand when some casual traveller journeyed between the places. The same difficulty, with regard to postage, retarded the circulation of newspapers, and prevented the transmission of intelligence throughout the country. The newspapers of the year 1818 in the Province of New Brunswick were few in number and of very indifferent quality. Besides the "Royal Gazette," which was an official publication issued at Fredericton, there were not more than three or four w^eekly papers in existence throughout the Province. The principal of these w\as the "New Brunswick Courier," which was sill LKONAUl) TILLEY. 35 commenced by Henrv Chubb & ('ompany in tlie year 1811, and wliicli exi8ted for upwards of fifty years. The "City Gazette," published l)y William Durant & Co., was also in existence at that time, and the " Star and (,'ommercial Intelligencer" liegan its short life about the same period. The new,s})apers of that day, however, were quite diH'erent from these of the present time. Their advertisements were few in number and not very attrac- tive in ai)pearance. Local news was remarka1)ly scarce, and what there was of it was not always properly looked after. The average newspaper of seventy years ago contained a great deal more foreign intelligence, in proportion to its size, than the newspapers of the present day, and far less that had any bearing on New Brunswick. Its columns were usually filled with accounts of tlie doings of great people in Europe, and, except when the Legislature was in session, there was very little of provincial interest to be found in it. Even when the Legislature was sitting there were no debates published that were worthy of the name, the newspaper editors of that day having a very wholesome dread of being brought up before the bar of the House for breach of privilege. The gentlemen wlio composed the Legisla- ture in those days thought very highly of their privileges, and were not disposed to deal leniently with any person who ventured to attack them. In 1818, William Durant, the i)ublisher of the " City Gazette," was brought before the bar of the House, charged with the publication of an article which reflected on some of the members. This 30 LllK AHl) TIMES OF article waf» voted a liigli breacli of in'ivili'go, but Dnraiit escaped l»y declaring that the article in question was written by Stei)hen Humbert, one of the members for the city of St. John. The Legislature then proceeded against Humbert, who was called upon for an exjdanation of his conduct, and this i)roving unsatisfactory, he was expelled from the House and his seat declared vacant. The liberty of the press of New Brunswick was of very little value in the year 1818, and therefore there was not likely to be much freedom in the comments of the editors upon the conduct of those who were doing the public business. It was dangerous for a newspaper to offend " the powers that be," and thus any chance of improve- ment by bringing the force of public opinion to bear on wrong doers was lost. In nothing has the Province of New Brunswick advanced more materially, during the past seventy years, than in respect to its newspapers. In the year 1818 the timber trade formed the great exporting business of New Brunswick. At that time spruce deals, which now form the staple of our exports, were almost wholly unknown, and it did not enter into the wildest dreams of the people of that period to imagine that the day was approaching when the pine timber trade would come to an end and the despised spruce take its place. (.)wing to the im- perfect character of the returns presented to the Legislature, we have no means of ascertaining what the exports of timber were in the year 1818, but at the session of 1821, a return was made to the House i' m SIR LEONARD TIIJ.KY. n7 of AHsoinbly, giving,' the ox)»orts and impfnt.s of Now Brini.swu'k for tlio yaws 1819 and IS20. From this return we Icani lliat 1,28:? vesMcls, of 20 1,538 tons, entered tlu' jxtrts of New Brunsvvicik in the year 1819, and thai during the same year l,33.S vessels, of 257,293 tons, were cleared from our j)orts. At that time all the exports and imports of New Brunswick were included in the returns of the ])ort of St. rlohn, West Isles, Miramichi and St. Andrews, all being regarded as out-bays of St. John. The returns for 1819 and 1820 nuike no distinc- tion betwet^n the exjutrts and imports from St. dohn and those from the out-bays, all being lumped together ; Ijut from the returns of 1821, in which they are distinguished, it would apj)ear that about half the ex])orts of New Brunswick went from the port of St. John. The exports of the whole Province for the year 1819 comprised 247,398 tons of timber, 26,545,000 feet of pine boards and plank, 10,910 oar rafters, 15,821 handspikes, 19,890 hogshead shooks, 6,616,000 shingles, 5,850,000 staves, 6,099 cords of lath wood, and 6,232 masts and spars. In addition to these the Province exported that year 40,073 quintals of dry fish, 362 barrels of salmon, 11,436 barrels of herring, and 523 barrels of fish oil. Among the imports of the Province were 11,974,000 feet of pine boards and plank, 3,587,000 staves, and 3,746,000 shingles ; so that, as is the case at present, a certain proportion of the lumber exports of New Brunswick appears to have come from the Province of Nova ocotia. The exports of timbar for the year 1820 were 207,899 38 LIFE AND T1MK8 OF tons. The otlior exitorts of tlie I'loviiu'e at this |)CMio(l coij.si.stud of coal, <>;yj»suiii, <^friii(l.stoiic'H and potatoes. The (luantities of coal ex])oi'ted were, however, ([uite siuall, not much more than 1, ()()() ions a year. Mul in 1819, 99,887 tons of gypsum were exported, and in 1820, 30,627 tons. Of grindstones 13,878 were exported in 1819, and 7,053 in 1820. Of potatoes 10,595 bushels were exported in 1819, and 1,G57 bushels in 1820. In 1821 the ex])orts of timber amounted to 262,597 tons, of which 145,963 tons went from the port of Miranuchi. The most of the ])ine boards and ])laiik, of which 25,0r'0,00() superficial feet were exported that year, went from St. John, although St. Andrews and West Isles contributed largely. The exi)ort of grindstones that year fell to 2,088, but the export of gypsum went up again to 44,554 tons. These figures show what the extent of the timber trade was at the time this narrative opens, and also the fluctuating character of the business done in other articles. The tindjer trade was conducted in a very lavish and wasteful manner l)y the people of New Brunswick seventy years ago. The prices obtained for the timber were good, and if there had been but a little economy and care shown in the management of the business the results would have been vastly different and those engaged in it would have become opulent. But at that time timber was so abundant and so easily obtained that the peoj)le seem to have been impressed with the idea that the supply would never be exhausted. The men, instead of working closely and industriously at HIH LKONAlil) TII.LKY. 89 tliL'ir l)U.siu('HM ill the woods, fR'(jii«'iitiy iiidiil^'cil in pro- l«)Ti«^{ul (Icbiuiclu's, Jiiid there was always far too iiiucli rum used in {^ettiii;^ out timber for tlie work to Itc done with the greatest amount of economy ami efticieiicy. The timber trade hugely de])ended upon the eoiiditioii of the taritV in the mother country, ami thodis(!riminatioii which existed in our favor and against the countries in the north of Kuro]»e which sent timber to the liritish market. ill ]7'.H, when the export of timber from New Ihunswick may be said to have commenced, the duty on Baltic timber in England was only six shillings and eight pence a load of fifty cubic feet. This duty, however, was gradually raised, and in 1 SI 2 it amounted to two pounds, fourteen shillings and (Ught pence a load. In 18 JO the dutv was two ]»ounds and fifteen shillings a load for Baltic timber, and for the fir.st time a duty of ten shillings a load was jdaced on timlter from British North America. These fluctuations in the rate of duty always produ(!ed a degree of uiusertainty in the timber trade, but the existence of tiie duty was of immense advantage to the British North American colonies and to a large extent gave them the command of the market. It was not till a much later [)eriod that the system of duties was introduced which gradually placed the British colonies and the nations of the north of Europe on the same footing with resi)ect to this matter. There can be no doubt that had there been the same economy and the same attention to details in the timber trade in the year 1818 which exist at jn-esent, the men of that day who 40 \.\VK AM) TIMKS i)V were cn^iigcd in it \v»mi1(1 Iiunc iujmIc .s|il»'ii(li(l lurtunct*.* As it WHS it is ddiibtful wlictlu'r tlic trade wiis more ]ii'()titiil>l(' lliuii il is at |)rcst'Ut, iiotvvitlistiiiKliiig the (Mioiiiiuiis prodiKttiveiu'ss (if the foibsts iiiid tlic iulvjiiitaj^e ■wliicli New liiimswick iiiid the other hritisli colonies then had in the mnvkets of(»rent liritnin. In no one i'es]»ect, jHMlia]>s, have tlie cnstonis of onr j)e(H)U! ehan^'ed more in the past seventy ytuirs than in re^'ard to (hinkini;. In I SIS such a tliiiiLj as a total ul»stineiie(^ society was unknown in New IJrunswiek aud the consumption of li(|Uor was universal. In that year there were imj)orted into St. .lohii 32!),.S27 j^allons of rum and shrul), and 32,211 of wine, brandy and ^in. At Miraniiehi, in tlu^ same year, 75,410 gallons of rum *T)ie t'ollowinji prices of timber iiiul luinher from 1SU4 to IMIU) lire tiikeii from the hoc^ks of tlie vrrosit tirin of Robert Rankin & Co. :- Yfiir. per Ion. White lMii«' IKT toil 10 to 17 ill. Ilircli por ton 14 to Id in. Deals per M. wup. feet. 1824. ..'_'8s. to;',Os. 20.S 1825. ..27s. to :'.ls. ;{(!. 18s. to 2(ls. 182()...27s. to 2i»s. loH. to 2()H. 1828. ..27s. 'id. Kis. 17h. (id. 182i»...27s. (id. to 'M)H. 2l8. IM. 2()h 18;!(l...2r)S 2Ls.:3dto228.(id. 21s. :?d. 18:V1 228. (id. 20s. to 21s 18:53 14tt. to 308. 20s. 1834 158. (id to 26s. (id. 208. 1838 15s. to 22s. 208. 183!) in8.0dto268.r)d. 20s. The Jitiove were the prices paid to the producers here, and the same was shipped at the same price, su))slitutiug sterling for curreiu-y. The sterling then carried no premium, nothing but the par of II 1-9. I8fl. to 20s. (iOa 17s. (id. to 208. 5(is. to (iOs. 188. to 2()s. 558. to()08. 508 (iOs 5()s 508 5()8 458. to 508. 508 55s SIK LKONAHU TILLKY. 41 were i nil lorti'd '^'"^ 1^<,0S4 <,'iil! tiis of wine, Ininidy and ^in. At St. AmlicwH, in the siuno y»'tir, 102,lHr» <,'iillons of rum were iniiiortr*! and 2,471 <;ji1Ioiis of win*', hraiuly iiiid <;in. That this hir^'e importation of liijiior was not (>xc('i»tional or iK'culiar to \\\v year IHlS admits of tmsy prctof. ill IH21 a return was laid lu-foni thc^ ITouse of AsHomhly by tiic Limtciiant (rovcrnor. L,'iviu<^'a list of the y;oods imj>ort»id and I'Xjiortcd at thf port of St. dolin for the years 181'.* and 1S2U. Kroin tliis return it ajtpiMirs that in 1S19 the importation of liquor at St. .lolin alone reached the enormous a<,'gref,'ate of 844,990 j^'allons of rum, 31,18H gallons of i>randy and ;4;in, and 16,.S45 gul- hms of wine. Hut .'i27,9'i() ^'allons of this rum were exjtorted, so that the net consumption of rum that year in the Province ai)pears to have been '»17, f^alhtns. In 1820 tliP ini])ortations of rum were still greater, the nundier of ^^alhuis broui,dit into the Trovince that year bein>4 949,200. The ex]'ort was also greater and amounted to 47;">,837 gallons, so that the net consumption was smaller than in 1819. That year, howev-t!r, 19,308 galhms of wine were ini]»orted at St. flohn and 27,330 gallons of brandy and gin. These figures go to show that the people of New J>runswick seventy years ago were much more addicted to drink than thev are to-dav. It was indeed an age of drinking. No work of any kind could be done in the field or in the forest, in the shipyard or in the worksho]) without the assistance of rum. Li({Uor was as much a staple article for use in the woods as was pork or flour. 42 LIFE AND TIMES OF The sloops that went ii}) the river from St. John to Fred- ericton, in Sir Leonard Tilley's boyhood, had their decks piled up higli with rum and pork, and the one was regarded as (juite as mucli a necessary of life as the other. Total abstinence was an unlieard of virtue in those days. This sketch of the social condition of New Brunswick seventy years ago might be greatly extended, and fuller details might be supplied to illustrate the various phases of the subject, but it is not necessary to do so. Enough has been shown to prove that life in New Ikunswick in 1818 was wholly different from what it is to-day, and that we have advanced since then (^uite as much in material prosperity as we have in political freedom. The people of to-day would no more endure the hardships and drawbacks which their fathers had to bear than they would the yoke of the family comjjact, or of a Governor who paid no heed to the wishes of the people. SIR LEONARD TILLEY. 43 CHAPTER II. THE POLITICAL CONDITION OF NEW BRUNSWICK IN 1818. Ill 1818 the i)olitical condition of New Brunswick and the system of government were very different from what they are at the ju'esent time. It would, indeed, have been impossible, with such a system as prevailed in the mother country, for New P)runswick to have enjoyed the same free institutions which exist now. In the United Kingdom, although the constitution was the same nomin- ally wliich is now in force, its operation was entirely different. The throne was occupied by George III., who for many years had been insane, and whose functions were performed by his son the Prince Ilegent, afterwards George IV. The old king, wlio has earned u title to the contempt and hatred of the British people in both hemi- spheres by conduct which separated the British Xorth American colonies from the mother country and ])r(xluced a breach between the two great sections of the Anglo- Saxon race which has not yet been healed, ^^■as then within but a few months of the end of his life. Durin*; his reign, and while his faculties were active, he had introduced into British institutions a degree of personal 44 ^AVE AND TIMES OF government wliich was wholiy incompatible with the free operation of the JJritish constitntion. Tliose who take the trouble to read the corres])on(lence between his favorite minister, Lord Xorth, and (leorge III. will understand in what fashion the liritish government was conducted during tlie reign of that monarch, and how little the wishes of the people were consulted or the representative system of the mother country was retained, many ]»etty boroughs with small poi)ulation being able to send mem- bers to parliament, while large and ])opulous cities had no representation or voice in the councils of the empire. A few great families imagined that they had the heredi- tary right to rule and control affairs, not only in the House of Lorils, but also in that branch of the Legislature which was su])i)osed to represent the people. Great land-owners, like the Duke of Newcastle, were extensive })roj)rietors of borough influence and were enabled to give support to the crown in its measures in return for favors in the shape of sinecure offices. It is a remarkable proof of the state of affairs which existed at that period with respect to the colonies that men were appointed to office in places they had never seen, and who knew^ nothing what- ever of their wants or requirements. Charles Greville, a clerk of the Privy Council, whose memoirs, recently published, have excited much interest, not only held that important and lucrative position, but was also Secretary for Jamaica, a sinecure office which was performed by deputy but of which he received the emoluments. It was not until fourteen years later that the reform bill SIK LKUNAKJ> TJJJ-EY. 45 wii8 carried in England, tliat charter of the people's liberties which gradually has brought Great Britain to be the most free and democratic country in the world, with the exception of her colonies. When the old king died the scandal which attended the qiuirrels between George rV. and his wife filled the land with excitement and liDrror. This debauched and worthless monarch, who was utterly without one redeeming quality, while he was attempting to obtain a divorce from (^iiecni Caroline for her alleged infidelities, was living in shameless licentious- ness with his mistress, Lady Conyngham. With such a spectacle on the throne it was not to be expected that the tone of good society in England could l)e either pure or satisfactory. Indeed it was not until the reign of Queen Victoria that the better classes of that country were obliged to conform to those rules of decency and good order which alone can make any society tolerable. The constitution of New Brunswick in 1818 was a bad copy of that of the United Kingdom. There was a House of Assembly, which was elected by the owners of a freehold worth £25, if residents of the county in which they voted, or £50 if non-residents. In the city of 8t. John the members were chosen by freemen as well as by freeholders. The ([ualification of members was the ownership of a free- hold worth £200 in the county which they wished to re[)resent. The term of the general assembly was seven years, and not four as at present. Elections were not by ballot but by open voting, and lasted fifteen days, the l>oll being removed from one section of the county to 46 LIFE AM) TIMES OF another for the purpose of taking votcH. This system of election naturally produced great disorders and much rioting, and tended to convey the impression that the people were not worthy to be entrusted with power. The Council, however, which was nominated by the ('rown, and the Lieutenant Governor, who was a})pointed by the British government, were the great ruling forces in New Brunswick at that period. The Council then exercised legislative as well as executive functions, and absorbed most of the authority which was not assumed by the Governor. The tter received his instructions from Engl^id as t'> the manner in wliich he shouhl conduct the a airs of the Province, and these instructions, which were very voluminous, embraced nearly every topic on which he was likely to find liis judgment exercised. In a general way they gave him authority over a great many matters with which a Governor at the present day lias nothing to do. The Governor virtually controlled the appointments to office, although these a])})ointments were sometimes nominally made with the advice of his Council. When, however, there came to be a question between the Council and the Governor, the former always had to yield. The royal prerogative, as it was termed, was supposed to be pre-eminent and to override the wishes of both the Council and the Assembly. This condition of affairs, so unfjivorable to the development of popular government, was greatly promoted by the fact that the Governor had control of a large amount of public revenue quite inde- pendent of either branch of the Legislature. The casual SIR LKONARI) TILLEY. 47 and territoriiil revenues, vvhieli were the names given to the revenues derived from the ciown lands of the Province, and also the imperial duties, which were collected by ofHcers appointed by the British government, were at the disposal of the Governor without reference to the wishes of his advisers. The lm])erial government also con- trolled the post othce, and, thougli it was not a revenue- producing branch of the government, this fact still further emphasized the manner in which our attairs were governed from Downing Street. In 1818 only one member of the original (.'ouncil of the Province, whicli was ai)]>ointed in November, 1784, was alive. This was the Rev. and Hon. Joiuithan Odell, who occupied the position of Secretary of the Province from 1784 to June, 1812, when he was svcceeded by his son, William Franklin Odell, who held the })osition until tne year 1844. These two Odells, the father and son, filled the ottice of Provincial Secretary of this Province for more than sixty years, and no better illustration can be found of the manner in which the oftices were held and patronage dispensed in those days than this single fact. The Hon. and Piev. Jonathan Odell had been originally an Episcopal clergyman in New Jersey. During the war he became chaplain in one of the Loyalist corps. Being possessed of considerable influence, he succeeded in obtaining the apjiointments of Provincial Secretary, Kegistrar, and Clerk of the Council of New Brunswick when the Province M'as first established, and he w^as not onlv able to hold on to that office so lone as 48 LIFE AND TI.MKS OF he wished to peifonu its duties, but to truusfer it to his son, who held it for u period of thirty-two 3'ears. This fact shows how httle the peo})h; had to say in regard to the disjiensing of the patronage of the Crown at that period. The Secretary of the Province naturally obtained the ear of the Colonial minister, or what was perhaps more to the purpose, of the permanent clerks in the Coh)nial office. He was thus able to check any attempt on the part of the peoi)le, or (»f the popular branch of the Legislature, to interfere with him, and in this way all possibility of reform in the methods of government or improvement in the management of the public offices became impossible. The salaries of the officials of the Province were then large in comparison to what they are at present, and the occu])ants of these offices were able to live on a scale much beyond that of any ordinary merchant or lawyer. They were strong in social influence as well as in political power, and the masses of the people viewed their position as unassailable, and for the most part ac(|uiesced in the claims which these magnates made on behalf of their right to govern the country. The Attorney General of the Province in 1818 was Thomas Wetmore, grandfather of the present judge of that name. He had held the office from the year 1809, and continued to hold it until the year 1828, when he died. The office at that time was not as it is at present — a political one, but generally its term was for the life of the occupant, or till his removal to a judicial position. Jonathan Bliss had been Attorney General of the Province from the ye ar SIR LEON A HI) TILLKY. 40 1785 until tliu time of Attorney General Wetniore, iinil his resignation of the position was only due to the fact of his being ai)i)ointed ('hief Justice of the Province of New Brunswick. The Solicitor General in 1818 was William Botsforil, who a few years later became a judge. The Advocate General was Ward Ghijmian -Jr., after- wards ('hief dustice of New lirunswick. His father, Ward (Jhipman, had held a position in connection with the i)ay ottice of the Loyalist regiments and became Advocate General in 1787, holding that ottice until he was appointed judge in 1809, when he was succeeded by his son. He was also a])pointed Solicitor General in 1785, and held that ottice until he became a judge. Thus it will be seen that the tendency was altogetlier in favor of making the high ottices in the Province hereditary, and that these ottices were distributed, not with a view to the greatest eiticiency in the public service, but in such a manner as would best satisfy the demands of those who were clamorous for a })ublic position and who had the ear of the Governor and his friends. The Treasurer of the Province in 1818 was dohn Kobinson, who was als(» Mayoi- of St. John. The ottice of Treasurer at that time was one of great importance, he being head of the Provin- cial customs department, and most of the revenues of the Province coming into his hands. When Mr. Robinson died, in 1828, he was succeeded by Richard Simonds, but on the death of the latter, Beverly Robinson, son of John Rob- inson, was appointed to the treasurership, thus again illustrating the hereditary principle which prevailed with D 50 LIFE AND TIMES OF respect to such offices. The composition of the ('ouiicil at the period of which I have been speaking is of much interest as illustrating the peculiar system of government which prevailed. Jonathan Odell has already been mentioned as one of the Council from the beginning, and the only survivor of the original Council who was living in 1818. The other members of the Council were : Christopher Billop, John Saunders, Ward Chipman, Jonathan Bliss, John Coffin, John Murray lUiss, William l*agan, Thomas Wetmore and John Robinson. Jonathan Bliss was then the Chief Justice of the Province, and John Saunders, Ward Chipman and John Murray Bliss were judges of the Supreme Court. Thomas Wetmore was Attorney General and John Eobinson was Treasurer, so that nearly all the members of the Council were officials of the Province in the receipt of salaries, and not depending upon the public for the positions they held. The relations of the Council to the Lieutenant Governor were generally of an amicable character, as it was natural they should be, considering how much his voice had to do with their appointment or removal. These men, although nominally his advisers, were in no position to thwart his wishes, nor did their desires ever go so far as cause them to set themselves in opposition to his will. On many occasions the Governor made appointments without consulting his Council in any way, it being his idea that he was the sole dispenser of the royal prerogative, and that, as all appointments were supposed to emanate from the Crown, he had the right to appoint without HIR LEONAUI) TILLKY. 51 reference to the views either of the Council or of the people of the Province over whieli he ]>re.si(le(l. The Lieutenant Governor ')f New Brunswick, for many years after the creation of tlie Province, was Thomas Curleton, a brother of Sir Guy (Jarleton, who wa.s afterwards made Lord Dorchester. Thomas Carleton lield the ottice of Lieutenant Governor from 1784 until 1817, when he died in England. He had resided out of tlie Province for a great number of years previous to his death, and was so little known in it that when he died the event ex(;ited hardly any notice. His successor in the ofHce of Governor was General George Stacy Smyth, who had tilled the office of President on several occasions in the absence of Governor Carleton. General Smyth being a military man, as Governor Carleton had been, naturally knew but little of the civil needs of the Province, and it was not until the year 1824 that New Brunswick found, in the person of Sir Howard Douglas, a governor, who although an officer in the army, was disposed to take an active interest in the improvement of the Province with respect to those matters which were outside the mere military routine. One of the most flagrant evils in connection with the system of government which prevailed at that time was the union of legislative and executive functions in the Council. It was bad enough to have a Council acting as advisers of the Lieutenant Governor, composed almost exclusively of office holders and other persons who were interested in having no clianges made, but the evil became intolerable when the Council was invested 62 LIFE AND TIMES OF with legislative fuiiction.s and could rejt^ct any bill which came to it from the House of Assembly, the body chosen by the peo])le. The members of the (Council, being per- manent in their positions and not removable except at the jjleaHure of the Crown, naturally looked U]ton them- welves as entirely independent of the ])eoph', and as superior to the perHons who ccjuiposed tlie po})ular brancli of the Legislature. Chief Justice Jiliss or Judge (Jhip- man would hardly think the represcnitative of some rural constituency his equal in ]>oint of learning or ])olitical knowledge, and where the (youncil differed from the members of the Assembly in regard to any act of legis- lation the chance were greatly against the opini(»n of the House of Assembly prevailing. This is why it was so long before any reform couhl be effected in a system of government which was essentially vicious, and which did not in any respect reflect the views of the inhabitants of the Province. The House of Assembly might pass as many resolutions as it pleased and send up as many bills for the improvement of public affairs as it found time to discuss, but the Council was not bound to give them any attention or to do otherwise than suppress whatever it regarded as a tendency towards popular government. At the present day in New Brunswick government by the people is so firmly grounded in the constitution that men who advocate any other system than this are looked upon as relics of a past age ; but in those days every man who advocated popular government was regarded with suspicion, as a rebel, a Jacobin, a lev- SIR LKONARD TILLKY. 58 eller, ii n^imhlicun, ami ii iimlicioiis j»er»t»n. A free press, wliich is now rej,'ai(led as essential to {lopular liberty, was then the subject of animadversion and condemnation. Many instances mij^dit be cited of tlie manner in wliich the attemjtts of the House of Assembly to improve matters with respect to the system of ji;overnment were frustrated, but s«nne of these will bo referred to more a})pr()])riately in future j)a^es at the time of their occur- rence. One of the causes of (piarrel between the two Houses bad bee!i the flcsirc of the members of the Assembly t(» pay themselves for their attendanct; at the meetings of the Le<,nslature, a most wise and sound provision, unless we are to surrender the right of legis- lation to those who have suificient means to give U[» their time exclusively to the public without remuneration. But at that time the Council regarded the measures taken by the House of Assembly to reiMd)urse themselves for their attendance as most rei)rebensible and blameworthy, and in this view they were upheld by the (rovernor. In 1817 the members of the House of Assembly voted themselves fifteen shillings a day during the perioil of their attendance at the Legislature, or going to or coming from the House, reckoning twenty miles to a day's travel. This vote seems to have passed without remark, but in 1818 they set the value of their services at twenty shillings a day, and there was a conflict between the two Houses in consequence. Finally the matter was settled by the same allowance being made to the members of the Council. In 1819 the amount voted was likewise twenty 54 LIFE AND TIMES OF shillin^'H II day, siihI it neeirs to have Inuai accepted by the Cmincil. In 1H20, liowever, when the menihera of the new IIouHe voted theniHelves twenty shillinj^H ;; day for their service.s, the CoimkmI resolved, on motion of the Attorney (Jenerul, tluit tlu; j^rantm^ of a remuneration to the member.s of the llcmse of Assiimhly at so lii^li a rate as twenty .sliillin^'s a day, is a hivi.sh and imj)rovi(lent grant, and that the further considcfration of the bill making' this j^rant \n'. iiostponed for six months. This resolve was passed on motion of Mr. .Justice Chipman, who iiad l)een careful in his time to obtain as many offices as possil)le, and to exact as liigh a rat»! of remun- eration for them as he (!ould maiiu^^'c t(j scjuee/e out of his employers, whether those emj)loyors were the liritish government or the people of the I'rovince of New Bruns- wick. The members of the House, however, were not to be so defeated, and they j)laced the obnoxious item in the sup])ly bill, so that the Le<^islative Council had not the option of rejectin*^ it. The Lieutenant Governor, in proroguing the Legislature, did not forget to remind the members of the House of the words of the Council, saying that he had not withheld his asjent to the appro- priation bill, although it contained an item of expense which had been deemed by the Council a lavish and im])rovident grant. It was thus that the members of the House of Assembly were accustomed to be lectured hy the Governor and by the members of the (Jouncil, who regarded themselves as a superior order of beings. This matter serves to illustrate the manner in which the V' SIR LKONAUU TILLKY. 55 businoHH of Icnjishition was condiuiUMl by tlu; (JovoriKti' tuid his allcL'i'd lulv'Mcr.s, the ('(Mmcil. The vt'ar 1H19 fur- iuhIkmI iiiiotluT instiiiuuf (tf the bad triuper (tf tlu; (Jovernor, and of tlu! niuimor in wliicli lio soii^dit to ;,'o bi^yoiid his ])roper authority. The House of AHseinbly discovered that the Surveyor (Jeneral liad coninKMiced to exact bonds from the lessejis of timber hindH, re((uirin^' them to pay a shilling a ton for all timber they mij^lit cut (m the lands leased to them. They naturally on(|uired of the ( Jovernor :vhat authority he had to make such an arran<.,'(nnent as thiSi and he ri'j)lied that it was done to prevent the waste of tindjer on the (Jrown hinds. This, however, was not a proper answer to the demand, because it was virtually levying' an export duty on the timber of the Province without the uutliority of the Le^'ishiture of New Bruns- wick, or of the IJritish Tarliament. The Assembly j)ersisted in their protests a<.,'ainst the acts of the (lovernor, and that functionary came down in a very bad frame of mind, at the close of the sessicm, and dissolved the House, which had then five years to run, stating : '.' It is with great C(»ncern tiiat I notice your persistence in the measure to which your attention has been very recently called, which conduct I cannot suffer to pass unnoticed, consistent with the duty I owe to my Sovereign. The only mode which you have now left me to do this is by dis- solvi' Jiis (Jeneral Assembly." Thus was the business of New lirunswick conducted seventy years ago, when Governors inuigined themselves to be vested, not only with the prerogatives of the Crown, but with the whole 56 LIFE AND TIMKS OV power of the Imperial rarliiiment. The power of the Governor to regulate matters in the Province without the authority of the liegislature Mas greatly increased by the fact that a certain proportion of the revenue was collected under Imperial authority and could be exj)ended by him without any reference what- ever to the Legislature. The British government, under •d number of acts of parliament, had been in the habit of levying import duties on certain products that were im])orted into the Province of New Ih-unswick. To do this they maintained their own customs establishments, so that the Imperial customs and the revenue officers of the Province both exacted duties u])on the same article. The head of the I'rovincial customs establishment was termed the Province Treasurer, and his officers, who acted as collectors of duties at the several outports, were designated Deputy Treasurers. The Imperial officers, on the other hand, went by their jtroper names as Collectors and Deputy Collectors at the several ports. This arrangement lasted for many years after the time of which 1 have l)een speaking, and was productive of great inconvenience. One of its results was to seriously impair the ex])ort trade of the Province, for, while goods imported into New Brunswick from foreign parts were allowed to be bonded by the Provincial authorities, if intended for ex])ort, they were required to pay duty to the Im- perial authorities, whether intended for export or not, and no drawback was allowed. It was also a subject of complaint, both in Xew Brunswick and Nova SIR LEONARD TILLEY. ' 67 Scotia, that the customs authorities charged euoi'nu)US fees on shipi)iiien this, however, did not prove alt(»gether satisfactory, because the salaries of customs officials still continued to be paid out of the gross amount of revenue collected, and over these salaries the Legislature of the Province had no control. It was also a cause of complaint that, while the 68 LIFE AND TIMES OF shipping interests of the rroviuce derived great advan- tages from the reduction or abolition of the fees formerly payable to the officers of the customs, these advantages were neutralized to some extent by the fact that Colonial vessels still remained liable to heavy charges in foreign ports, wliile liritish ships and the ships of foreigners, which formerly paid fees towards the support of the custom house establishment in the Province, were admitted free from any fees or imposts whatever. In addition to this large source of revenue from customs the Imperial government retained all the lands of the Province, and the revenue collected from them, which was called the casual and territorial revenue, went into the Imperial excliequer. Tliis revenue was chargeable with the salaries of certain officials in the Province, designated His Majesty's civil list, but it was altogether outside the control of the Legislature of New Brunswick, and the manner of collecting it and the amount collected were regulated by the authorities of Downing Street. Under this system corruption flourished, extravagance reigned supreme, and tli ^ Surveyor General, who was head of the ('rown Land Department, became a '^^ea,t personage with a large revenue, sometimes greater than that of the Lieutenant Governor, and with more political influence than any official ought to possess. In those days the fees exacted by the Surveyor General and other officials on land grants were also the subject of complaint. It appeared from a return which was made by the Governor in reply to an address of the Legislature SIR LEONARD TILLEY. 59 in 1810, that the fees exacted on a grant of land not exceeding 300 acres in extent, amonnted to £11 13s. 4d., equal to almost $47 of the money of the present day. Of this sum the Governor received £4 Is. 8d., the Secretary £3 7s. 6d., the Attorney General £1 10s. lOd., the Surveyor General £2, and the Auditor General £2 13s. 4d. It will be seen by this that these officials, who virtually controlled the affairs of the Province, had a direct pecuniary interest in the issuing of land grants, and that while on the one hand the fees exacted were enormous and excessive, on the other hand it was to their advantage to encourage the issuing of grants to as large an extent as possible. This was an almost certain means of defeating the object of the Legislature to effect the settlement of the Province by industrious workers, for the fjcs, while high on all grants, were excessive on the smaller ones, and the burthen diminished in proportion as the grants became large. In an address which was presented to the King in the year 1831 by the Legis- lature, the grievances under which the Province suft'ered from the oi)eration of the system of de?. -ing with the Crown lands, were duly set forth. It was stated that under this system very large sums were taken from the people of the Province for licenses to cut timber, and that enormous fees were exacted without the authority of Parliament or of the Legislature. It was complained that the Commissioner of Crown lands imposed on timber licenses a duty of Is. 3d. per ton and exacted a fee of 45s., thereby injuring the subject without benefiting the 60 LIFE AND TIMES OF revenue. It is no wonder that under the circumstances the members expressed their opinion that such a system of taxation, without authority, was incompatible with free government, and required redress. Anotlier great evil in connection with the system of government which existed in the year 1818 was the absence of executive responsibility. The money which was received by the Province went into the ottice of the Provincial Treasurer freely enough, Init the manner in which it was to be disposed of was largely left to chance. There was no executive authority in the Province at that time, which exercisetl tlie same functions as the Executive Council of the present day. The GTOvernor was not responsil)le to any person but the Crown or the British government. The members of the Council were not responsible to the people, and were selected without reference to the wishes of the people ; and while the House of Assembly could withhold grants of money which were necessary for the [)ublic service, the manner in which these grants were made was highly unsatisfactory, and demoralizing in its tendency. At the ])resent time the business of the Executive has to be considered as a whole, and the government is responsible for the due disbursement of the public money for the public services. The government is supposed to know how much money it will have at its disposal, and how much it can afford to pay, and any attempt on the pait of the House of Assembly to force it to grant a larger sura than it con- siders the finances of the Province can afford, would be ^ll{ LK0NA151) TILLEY, fil re<'ai'(le(l as a vote of want of confitlence, and would lead to its resignation. For that reason all money grants which are moved in the Assembly must be initiated l)y the Executive, and no private member can present a petition asking for money, or can introduce a bill requiring the i)ayment of money, without the assent of tlie govern- ment. But in 1818 the disjtosal of the money was 'intrusted to a committee which doled out grants for the public services in such a numnerthat no one was respon- sible for them. This led to what was called a system of " log rolling," by which a member who desired grants for his own locality agreed to sujtport the gi'ants of members from other localities on contlition that his demands were supported by them. Thus the member for Queens, who wished to have a new road opened in a country district, and wanted a grant for that purpose, agreed to su2)port a similar demand from the member for York or the member for St. John, on condition that his grant was supported by them. It is easy to see that under this system there was no check whatever on extravagance, and that sums of money might be voted for grants far beyond the ability of the Province to pay, no one having any very clear idea of what the income of the Province was or might be during a certain year, and everybody being anxious to obtain as much money as possible for his own district. It will be seen bj' and by how strongly the effort to bring about a change of system and the in- troduction of responsible government was resisted even by those who were most opposed to the arbitrary and 62 IJFE AND TIMES OF absurd restrictions imposed on the Trovjuce by the Colonial office. There were many men who were ready to resist the exactions of tlie <;ustonis authorities and denounce the extravagance of the (Jrown Land Depart- ment, who, when ii came to the placing of the control of the finances of the Province in the hands of the Executive, exclaimed against the proposed innovation and denounced it as an infringement on tlieir liberties, ^'ortunately for New Brunswick, these half-hearted friends of improve- ment who halted by tlie way, were not able to prevent altogether the introduction oi responsible government in its integrity, although they contrived to retard it for a good many years. Another great cause of complaint at the system of government which prevailed in this Province in the year 1818 was the predominance that was given to members of the Church of England. Of the nine members of the Council who were in office in that year, all but one belonged to the Church of England. Every judge of the Supreme Court belonged to the same communion, and indeed the first judge appointed in New Brunswick who was not a member of the Church of England was the Honorable L. A. Wilmot, who took his seat for the first time on the Bench in 1851, after the Province had been in existence for almost seventy years. The same state of things was found to exist with regard to the other offices, the fact that a man was a member of the Church of England placing him in a much more favorable position for obtaining an office than if he belonged to one of those r^lK LEONARD TILLKY. 68 bodies which were called Dissenters, In the I'rovinco of Nova Scotia, in the year 1809, the bisho}) was made a member of the Council, and soon afterwards the Bishop of Nova Scotia was appointed a member of the Council of New J3runswick. In July, 182(), the Kight lieverend John Inglis, l.ord Bishop of Nova Scotia, took his seat as a member of the Council of New I'runswick, while on a visit to this portion of his diocese. This was the first and only instance of the Bishop of Nova Scotia exercising his rights as a member of the New Brunswick Council, but the fact that such an instance should have occurred shows that the right might have been exercised at any time, and also emphasizes, in a very nuirked manner, the evil and injustice of the system of government which permitted the head of one denomination of Christians to exercise the functions of an executive councillor and a member of the upper branch of the Legislature, while ministers of other denominations were not only excluded, but were expressly disqualified, by act of the Legislature, from being elected members of the House of Assembly. In Nova Scotia the bishop was given precedence in the Council after the Chief Justice, but his appointment was with the understanding that he was not to administer the government in case of the death or absence of the Lieutenant Governor, and this appears also to have been his status in New Jirunswick. But while clergymen were disqualified from occupying seats in the Legislature, oftice holders who were in the receipt of a salary from the Province were eligible to be 64 \AVK AM) TIMES OF inembers of tlio Council (ir iikmiiIhts of tlio House. Tlii.s still further tended to create an otlicial class, and it also enabled certain j^aeedy individuals to acquire nnmerous otfices for themselves, so that sometimes one man in each county would absorb nearly all the otlicial positions in it which were of any pecuniary value. At a period later than that when this history comnienccis, there was one I)ractisin<4- lawyer in New Urunswick, who afterwards became a judge of the Sujaemc Court, who at one time was a member of the House of Assembly for the County of Kent, Speaker of the House of Assembly, Postmaster of Richibucto, Deputy Treasurer of Iiichibucto, Issuer of Marriage LiccTises for the County of Kent, Keeper of the Seals and Clerk of the I'eace and-of the Inferior Court of Connuon Pleas for the County of Kent, and liegistrar of the Probate Court for the (.'ounty of Kent. Nor was this a solitary instance of a plurality of oflices in one individual. Many other examples could be given if it were necessary, in which one person absorbed half a dozen or more offices, and thereby acijuired a powerful influence, altogether out of proportion to his merits and wholly incompatible with the efficiency of the public service. The manner in which ajjpointments to office were made, and the utter powerlessness of the people to control the appointing power led to great abuses, and to a tyrannical exercise of authority on the part of those who held offices. Few men are so good or so conscientious that they will not abuse their authority if they are subject to no control, and the " insolence of office," of which Shakespeare SIR LKONAUI) TILI.EV. 6.> spenks, was v«'ry prevalent in the I'rovinoc of New linmswick in tlie year 1818, and for many years after- wards. In these days by tlie aid of a free press and nnder the system of appointment, by whicli the responsi- bility is placed on the }j;overnment, no ollicial dares to presume to abuse his i)Ower or to treat the pu))li(' with incivility. Jiut such was not the case seventy years agcj, when men were jntch-forkcd into power and authority who treated the common people as if they were the dirt ])eneath their feet, and regarded tliose who ventured to criticize their conduct as seditious persons, who were almost guilty of rebellion. There were two circumstances connectetl with the time of which 1 have been speaking, which it is necessary to mention in this connection. The treaty of i)eace between (treat Britain and the I'nited States, by which the inde- pendence of the latter was acknowledged, had left the bt)undary (juestion in a very unsatisfactory condition. The jterson who represented Great Britain in that treaty was evidently altogether ignorant of the topograjdiy of the country between the United States and the remaining Britisli i)os8Cssions on this continent, and as a conse(|uene of this, the description of the Ijoundary was of such a character as to be utterly inexplicable. The boundary line of the United States was declared to be "from the north- west angle of Nova Scotia, to wit, that angle which is formetl by a line drawn due north from the source of the St, Croix Kiver to the highlands which divide those rivers that empty themselves into the River St. LawTence E m LIKE AND riMF:8 OF from LhoMi' wiiicli lluvv into the Athiutic Ocosiii, 1(» the iiortli\v(58teini().st head of ('onneeticut River, tlieiice down aloiif^' the middle of tlmt river to the 4r)th dej^ee of north latitmh^ etc." The first dilhculty wliidi jtreseiited itself in n'fTiird to this bouiidiiry line was the determination of which of the rivcirs that entered rassama([nod(ly May was the St. (.'n»ix. This was finally determined by a eom- niissi(»n, wliich concluded its la})ors in 1708, and which decided that the true St. ('roix was the river which now bears tliat name. When this matter had been settled there still remained the further difficulty of discovering the hij.,ddands which divided the rivers which empty themselves into thelliver St. Lawrence from those which flow into the Atlantic Ocean. It h&H now long been known that no such highlands exist, and that the search for them was as vain as the quest for the philosojjher's stone. But the matter for many years continued in controversy, and the boundary (Question was not settled until the Ashburton treaty in the year 1842. After the war between the United States and Great Britain, which commenced in 1812, the treaty of ])eace, which was arranged at Ghent, made jn'ovision for deciding as to the ownership of the lands in dispute, i)articularly with refer- ence to the islands in rassamaqu(Kldy Bay, Grand Manan, Campobello and other islands which were claimed by the United States. The treaty provided for the appoint- ment of two commissioners, one to be selected by his Britannic Majesty, and one by the President of the United States, to decide the question. These commissioners were silt LKONAUI) TILLEY. 07 also cliai>,'('(l witli tho duty of aacertainin},' tlu! northwest angle of Nova Scotia, in oicKt liiat tliat part of the bounil- ary might ))e dufinod. Tlic. coninii.s.siont'rHaintuinU'd won! Colonol Jiiirclay, who iiad for his agont tin- Hon. Ward Clu|iinan of Xew lirunswick, and t\w. Hon. -John Holmes, of Massachusetts, for the I'nitetl States. Tlieir first meeting was held in Si'ptend)er, IS hi, and at the opening of the Legislature in .lanuary, 1818, liieutenant (lovernor Srayih was al)le to congratulate that body on the fact that the final decision of the commissioners in resjject to the islands iu Passanuiquoddy Hay had been made, and that (trand Manan, (yampol)ello and other imjiortant islands had been found to belong to (treat Britain; Moose Island and two other small islands of no importance being given to the United States. Tlie fishery ([uestion at the same time became one of great conse([uence to the people of the Maritime Provinces, liy the treaty of 1783 the people of the United States were allowed to continue to enjoy unmolested the right to take fish " off Quebec in the Gulf of St. Lawrence, and all other places in the sea where the inhabitants of both countries used at any time heretofore to fish." And they were also allowed to have liberty to take fish on such parts of the coast of New- foundland as British fishermen should use, and also on the coasts, bays and rivers of all other of His Majesty's bays and dominions. In addition to this they had also liberty to dry their fish in any of the bays of Nova Scotia, the Magdalen Islands and Labrador. Thus it will be seen that the treaty of 1783 virtually gave to the people Ub LIFE AND TIMES UK of the T'^iiitf'd StateH concurrt'nt rights of fishing with tlie tislu'iiiKjii wiio were .suhjects of (ireut JW'itain, an«l hud tliat Htate of alfuirs contimuMi to exi.st, the fisliory •liHpute.s wliicli liave siiwx' taken jdaee would eitlier never have arisen, or would have assumed an entirely dillcrcnt form. Hut it was held by the l»riti.sh authorities, after th(! war of 1812, that the ])n»visions of the treaty of 1783 which related to fishing had been abrogated by the war, and that new arrangements must be made in regard to the fisheries. Thus in 1817 a circular from the British government to the collectors of customs and light dues at the different ports of the Maritime Provinces stated that American fishermen were not to be permitted to fre(|uent the harbors, bays or creeks of the Maritime Trovinces, unless driven into them by actual distress. The dilhcul- ties between the two governments in regard to these rights of fishing finally resulted in the arrangement of a treaty, which was made at London, between (Ireat Britain and the United States, on the 2()th of October, 1818, and which was ratified at Washington in the following Janu- ary. This treaty, which is the one now in force, defined the rights^ of the Americans with regard to fishing on our coasts, and excluded them from our waters within three marine miles of the coasts, bays and creeks of His Majesty's dominions. The Americans by this treaty explicitly renounced forever any liberty before enjoyed or claimed by them to take, dry and cure lish within three marine miles of our coasts, bays or harbors. The treaty defined their rights to enter our bays or harbors to be "for SIR LKONAUI) TII.LEY. m) the jnirj)08e of sliclt*'!-, of n^juiirin^' (laiiia}^e« thoreiii, of pun'liasinj^' wood and ob(aiiiiii«< vviitcr, and for no other jdU'jiosu whatev*!!'." The arran^'oment of this treaty, whicli lias had such ail important bearing on the rehitiona of C-'anada and the Fuited States since thai time, was uu inijtortant event connected with the history of tlie year 1818. "".iG revenne of the I'rovince in 181S, and during the years whicdi followed that j)erio(l, was subject to great fluctuations. In 1818 the entire receipts of the Province, which went into the hands of the Trovincial Treasurer, amounted to a total of £15,348 7s. 6d., while the expen- diture was £22,8r>9 7s. 9d. Fortunately there was a large balance from the jtrevious year, so that notwith- standing the deficit in the revenue, there still remained a surplus at the close of the year. In 1819 the revenue received, exclusive of seizures, amounted to £23,338 10s. 8d., while the expenditure was £20,88(5 16s. lOd. That year £8,925 in treasury notes were issued, a device which was frequently resorted to when money was required. In 1820 the receipts, exclusive of a hmn, amounted to £27,904 18s. lOd., and the expenditure to £20,408 15s. 3d. The reverme sometimes showed a handsome surplus over the expenditure, and at other times was deficient, the import trade apj)arently not being established on the same sound and stable lines which j)revail at the present day, but much of it being of a speculative character. It is amusing to contrast the small sums which were deemed sufficient to defray the 70 LIFE AND TIMES OF «',xpeiLses of the. Trovince at that peiiod in comparison with what is now recjuirud even for our mere Provincial concerns, to say nothing of tlie amount expendc^d on Dominion account, and the large sums disbursed by the municipalities. Small as the grants were for the different services at that period, it not infre<{uently happened that a large part of them were not expended, either in conse- quence of the lack of money in the treasury, or because the work for which the grants was made was postponed to a later day. In 1821 a committee was a])p()inted to enquire and report what sums of money heretofore granted remained unpaid, and what would be the disposable funds of the Trovince, which had arisen or would be likely to arise from the revenue in the course of the current year. This committee found that during the previous two years no less than £23,732 14s. 4d. of money which had been apj)ropriated to the jiublic services had not been expended. Of this sum £1,845 was on account of bounties on fish, £425 was on account of bounties on grain, £2,700 was money granted for the encouragement of schools and £5,000 w^as money granted for bye "oads. As the balance in the ^'"ovincial chest was £121 16s. less than the total of these unexpended grants, the committee could only report that there were no disposable funds in the treasury. Thus the jDublic services at that time were maintained in a very inefficient manner, mainly because of the smallness of the revenue available for public needs. When we take into account how much had to be done in the way of opening up the Province by the construction of roads, the S*II{ I.EONAHI) TILLKY. 71 l)iiildiiig of liridgos, and in other ways, we must adiriiro the courage of those; w'^ < "idertook to reduce the wihler- ness into sultjection wiui such inade([nate resources. Nothing but the adai)tahility of the j)eo})le of that ])eriod to their (;ircunistances, and their willingness to endure privations for the sake of living undei' the British flag, wouhl hav(; sufficed to do the work which has since been accomidished. It was fortunate tliat New iJrunswick had so hardy and self-reliant a ])o])ulation, even if they were somewhat deficient in })olitical discernment, and thought too mnch of the prerogatives of the Crown, for, after thirty-five years of settlement, the Province was, in 1818, little better than a wilderness, and the conveiuenees for travel were of such a character as we should at the present day regard as ntterly inadequate. He would have been a bold man who would have ventnred to predict that during the seventy years that were to follow, not only would the constitution of the Province be entirely changed, but that its material advancement would be so great that the most distant point in it could be reached from St. John in the course of a few hours, and that no county within its boundaries would be without rapid and regulai' communication. The foregoing sketch of the political condition of New Brui ^ck in 1818 is necessarily brief and somewhat incomplete, because the subject wall be more fully devel- oped as our narrative advances, and as the story of the means adopted to bring about responsible govern- ment is related. It is sufficient here to indicate 72 LIFE AND TIMES OF slightly, and in a general way, the leading features of the system of government at that period, and to leave the details to be told as they arise in the course of the narrative. SIR LEONARD TILLEY. 7'A CHAPTER III. AGITATION FOR A HKTTKR SYSTEM oK (lOVEUNMENT. The Troviiice of New Brunswick was always the most conservative of the British colonies of North America, and that feature of its condition has been retained until the present time. In Upper Canada the Loyalist element was smaller in number than in New Brunswick, and was mixed largely with immigrants from the United States who came after the llevoluntionary war for the sake of the fine lands of that Province ; and at a later period a very large, immigration took place from the British Islands of people who had no particular sympathy with the views of the Loyalists, and who were imbued with that spirit of political unrest which had begun to prevail in the mother country at that period. In the Province of Quebec, the French element, though conservative during the French regime, became radical under British rule, and was always arrayed in opposition to the governing classes, who were mainly British. Thus the French, in spite of themselves, became a valuable aid in the regeneration of the Provinces from the old system of government. In the Province of Nova Scotia the original settlers were 74 LIFE AND TIMES OF English, aiul they were largely reinforced by inunigrants from the New P^ngland colonies who came prior to the Revolutionary war, arul who werc^ in sym])athy, to a large extent, with the principles of the American revolu- tion. The Loyahsts were never as numerous in Nova Scotia as in New Ih'unswick, and never ])ossessed one tithe of the influence there that they possessed here. In New Brunswick the original settlers from New England, who resided at Alaugerville, Shofliehl, and some ])arts of the County of (^)ueens, were insignificant in numbers in comparison with the Loyalists, and they had become so cowed after their unsuccessful attempt to cast their lot with the Revolutionists in the year 1777 that they never ])0ssessed any ])olitical im])ortance afterwards. Eor this reason, and because of the small dimensions of the immi- gration fi'om Europe, the Loyalists possessed absolute control of the government of this Province for a period of more than half a century after its fornuition, M\d if the matter were now examined into closely, it would be found that they still ])ossess a prej)onderating influence in Pro- vincial aflairs. In those days the term "loyalty" was frequently mis-used in its application. Instead of being taken as another word for patriotism and devotion to the flag wdiich floated over the Province, it was used merely as being applicable to a cf)ndition of mind which impelled a man to support the existing order of things, whether it was right or wrong. Nothing seems more absurd to us of the present day, who look back upon the long dreary period SIR LEONARD Til. LEY. 75 of family cominict rule, than to find every person \vh(^ desired to change this system and to make it more in accordance with the wishes of thejteople, denounced as an innovator, as a seditious person and a disloyal man. Our ancestors in New Brunswick seem to have liad a <^reat horror of the word " innovation," and any one wiio could raise that cry and shout it loudly and freijuently onouf^h was sure to obtain an attentive hearing a!id a large following. Vet for all that from the very beginning of the Province there were signs that many were not satis- fied with things as they were. There were disjuites at the very foundation of the Oolony over land grants, which were thought to have been unfairly distributed, and not in accordance with the wishes of the home government. There were, likewise, difficulties in regard to the cost of surveying the lands, and also in reference to the fees that were exacted upon grants. When the Legislature was formed the dissatisfaction of many was practically expressed in riots at the i)olls, and in the return to the House of Assembly of members who were not in sympathy with the ruling classes. As early as 1 795 we find great commotion caused in the Province l)y a Mr. Glennie, who was a candidate for the representation of the County of Sunbury, and who addres.sed a long speech to the freeholders on their grievances, which was printed in pamphlet form. Tn 1802 thn-e were difficul- ties in regard to matters (jf appro ition between the House of Assembly and the Council, which led to a number of the members of the House withdrawing them- I 76 LIFE AND TIMES OF selves from their Htteudauce there and j^'oiujj; home ; and these proceedin<;s resulted in the issuing of more pamphlets for and against the course adopted. In those days, and for a long time afterwards, the Governors were in the habit of lecturing the Assembly, as if they were a set of school boys. This course was commenced by Governor Carletou, who, in 1795, exj)re8sed his indigna- tion at the Assembly because they refused to pass some appropriations which had been recommended by him for the general defence of the Trovince. At that time, and for long afterwards, the House of Asseml)ly and the Council were in disagreement, and this state of affairs continued more or less down to the time when responsible government became an acknowledged feature of the constitution. The home authorities always sided with the Governor, and reflected severely on tlie Assembly whenever that body was so unfortunate a? to differ from the views of His Excellency. The House always claimed the right to make the appropriations for the public service, and rejected the claim of the Council to amend or modify such money bills as were passed by the- Assem- bly. In 179G tlie Duke of Portland, who then was at the head of the department which had the charge of Colonial affairs, laid down the rule that while the appro- priation of monies voted was peculiarly within the province of the Assembly, the directing of the actual payment of tlie public accounts and contingencies by the House of Assembly was an improper encroachment on the functions of the Executive government. He con- fclK LEONAIU) TILLEY. 77 (leiimcd the practice which had been arnnswick. The differences then seem to have arisen in consequence of the desire of the members of the Assembly to grant themselves a remuneration for their attendance, and the Duke of Tortland expressed the opinion that such a measure could only tend to lessen the weight and dignity of the Assembly and to diminish the reverence and respect which he hoped the Province would always show to its Legislature. Another communication, dated a year later, June 5th, 1798, from the same nobleman, V8 TJFK AND TIMK8 OF exjtrt'H.sed .still r.ntlu'r coiKH'rn at tlic dillcnMieos wliich coiitimuid to prevail to Ihv iiijiiiy of tlu; joint interests of the ( 'rown and tlu! Province. These references show tlie nature of llie dii'l'erenees wliieh existed between the Counuil iind tlie Assembly, but they do not involve those prin('ii)les of «^ood government for which New Brunswick l»ad to strive so earnestly in future years and which were iinally triumjjhantly successful. We may therefore date tlie first awakening of the Assembly to the anomalous condition of their constitution, and the nnsatisfactory manner in which they were governed, to the year 1818. For some years before that time Governor Carleton had been absent from the Province, and i)ublic aifairs had been administered by successive " Presidents," as they were called, who stood in the place of the Governor, but who probably had not the ear of the authorities at home to the same extent. But when a new (Joveruor was appointed, in the i)erson of General George Stacey Smyth, a man with very high views of the royal prerogative and of his own importance, then there began to be that friction between the Assembly and the Executive which finally resulted in an entire change of the system. The term " royal prerogative " was one which had a sweet sound to many of the old inhabitants of the Province at that period, they apparently being impressed with the idea that there was some connection between the maintenance of the royal prerogative and the maintenance of their liberties. But when the prerogative came to be used as a cover for scandals of the worst description, for robbery of the people SIR LKONAUD TILLEY. 79 1>V ineiiiis of avaricious oflii't' hnldurs, mid fm disregard df tho wi.shos (if the Lcjiisliituic, tlicn il ccastMl (o In- so pojHiliir. (Iciicrnl Smyth athoitly took advaiita;4(' of his itositioii as Liimtonaiit (rovernoi' of the Province and cndcavorcil to manufacture a public ojnnion hostik^ to all reform. In the year 1820, at the ojiening of the iief^dslature, we lind him addressing the gentlenu;n of the Council and the gentlemen of the House of Assembly iis follows : — "It cannot but be a subject of anxiety and regict that a sj)irit utterly hostile to our excellent constitution, and subversive of all order in society is so fully manifest in various parts of (Ireat Britain, but 1 trust that the senti- ments of veneration for His Majesty, and decided deter- mination to resist all innovation, expressed in the addresses of the industrious and most respectable classes of society to His Royal Highness the Pi-ince Kegent, will dissipate this, I hope temporary, gloom, an event which would afford to none a more lively satisfaction than to the loyal inhabitants of this Province. And it would give me, gentlemen, much pleasure to have the honor of conveying to the throne, from you, their sentiments upon those proceedings, so highly interesting both to His Majesty and his people." The trouble to which the Governor thus referred was the first wave of the reform movement which after- wards swept over England and buried feudalism beneath its waters, in 1819 and 1820 the people of England began to think that some change was needed in their 80 LIFE AND TIMKS OF roi)restiuUitiv«* systiiiu, iiiid the coiiHtitutioiml ii;rious constitution as to attempt th(^ sulivi^'sion of it." They trusted, however, "that the loyaUy of tlie better informed part of the nation will s})eedily check this evil and avert from the country ttie destructive^ conseiiuences which at one time were but too much to be a^jpreluMuled." They tlumked His Excellency for the high opinion he had exj)ressed of the h)yalty of the ]»eo)»le of the Province, and for his oiler to convey their sentiments to the throne, and closed in the following words : — " Far removed from the suggestions of the seditious, His Majesty's dutiful subjects in this Province are fully sensible that their happiness here and hereafter must depend u]»on the cultivation of the principles of religion and a just subordination to lawful authc^'ity, always bearing in mind the moral precept 'To Fear (jiod and Honor the King.'" The very day this address was passed the House of As- sembly resolved that a committee be appointed to request the Council to join the House in an humble address to His Itoyal Highness the Prince Kegent, expressive of the SIU LKONAUI) TILLKV. s| stnitinieiUs they enteitaiiUMl nl" " tlu- loyully of His Majesty's subjjscts in New I'.niiiswick, imd of their tiiin iiiid iiividliitc iittacliiiuMil tn His Majesty's jicrsoii and ^uvei'iiiiieiit." A joint iiddicss, couched in this slniin, ap})ears to liiive huen ai^reeil to liy l>otli Houses, without any ju-otost h(Mn<^' enti!re(l a!j;ainst it hy any nn'inher of cithei' Ifouse, and it was «hily forvvanh'd to the I'lincc lte<^ent, as an expressictn of tlic scnlinients of tlie |m'o]»1(' of New lliiinswick in roi^ard to the c(nistitutional a<;itation for reform whicli was tiien ^^oinu "H in the J-?ritisl» Islands. Sncli a jtroof o\' the shivishness and ignorance whicli cliaracterized tiie j>ro(HM!din»;s of the Li-i^isliiture of t,he rrovince of New Ihunswick at that tinu' will servo to ein])hasize the difficulty which reformers must have experienced in obtaining,' any sui)stantial improvenn-nt in the constitutiou of the Province. Our Tories at thai period, not content with insistint^ on the maintenance of the "family c(>nij)act" and the irre^j tonsil )le system (»f t U) rivilege of celebrating marriage to dissenting clergymen, but that for leasons unknown to the House such bills had not been concurred in by the other branch of the Legis- lature. The i)etitioners, who described themselves as "Your Majesty's Faithful Commons," asked that the King "would be pleased graciously to give instructions to the administrator of the Government to recommend the Legislature to pass such bill as he may deem proper to obtain Your Majesty's royal sanction ff»r the purpose of extending the privilege of celebrating and solemnizing marriages, to the regularly ordained and settled clergy of dissenting congregations in Your Majesty's Province of New Brunswick." At the next meeting of the Legisla- ture, m LSo2, the various dissenting religious bodies showed great activity in presenting petitions in favor of the passing of the dissenters' marriage bill. These petitions came from every part of the Province, and very largelv from the ministers and adherents of the Weslevan Methodist Society. The bill was passed by the House on the 10th of February, apparently witho\it any opposi- tion, and went to the Council, where it passed with a suspending clause, being reserved for His Majesty's / 88 LIFE AND TIMES OF approval. It was supposed that this bill would settle the ■flisse liters' marriage ([uestioii, and the Lieutenant Gov- ernor, Sir Archibald (Jauipbell, seems to have shared iu this belief, for in j)roroguing the Legislature he said : " I am particularly gratified to find that the new marriage act, which has just passed into a law, is calculated to give a high degi'ee of satisfaction to a large jKjrtion of His Majesty's loyal subjects in this colony." Nothing more was lieard of the act, however, until the session of 1834, when a despatch was received from His Majesty's Secretary of State for the Colonies, dated the 1st of January of that year, in which it was announced that His Majesty had been advised to withhold his assent from the bill, on the ground that the act was confined in its operation to four denominations of Christians, the Wesleyan Methodists, the Baptists, Pres- byterian seceeders from the Kirk of Scotland, and Inde- pendents, and also because before obtaining a license from the Governor, the minister who desired to solemnize such marriages must produce a certificate or letters of ordination, which must be derived from some British convention, synod, conference or association. In other words, the act was disallowed because it was not liberal enough, and thus two years of time were lost, no doubt in consecjuence of the act having originally been drawn in a restricted form to enable it to pass the Council. Thus the malign influence of that antiquated and illiberal body was the means of postponing the operation of the dissenters' marriage act until the year 1834, when on the SIR LEONARD TILLEY. 89 22nd of March, a bill which was in the terms suggested by the Colonial Secretary, was passed, and the dissenters' marriage ([iiestion settled forever on an equitable basis. The old restrictive system which hindered the trade of New Brunswick for the first forty years of its existence has already been referred to. Grievances which rose from that source were ])erhai)s less felt by the people of this Province than some others, because the policy which created that system was a part o^ the fashion of the times, and no better arrangement was then understood. The first blow that was dealt to this policy came in 1 822, when the acts of the Imperial Parliament 3rd, Geo. IV., chapters 44 and 45 were passed. Under these acts the importation of provisions, lumber, cattle, tobacco and other articles from any foreign country in North and South America and the West Indies, into ports of British North America and the British West Indies, was allowed under a fixed scale of duty, and a free export was allowed to goods going from all our ports to these countries. The importation of the productions of foreign countries in Europe into the ports of British North America was also permitted, and a schedule of duties annexed. Under these acts it was arranged that the duties on both imports and exports were to be collected by the Imperial otticers of customs, and the net revenue thus obtained was to Ije placed at the disposal of the Colonial Treasuries. By these acts duties were placed on wines, varying from 7 to 10 guineas a tun, in addition to 7| per cent, ad valorem. This arrangement was a decided gain to New Brunswick, f»0 1,1 KK AND TIMKS OF Ihichusg, lor till' tirsl time, it placed the rcvtinue collectiul by the Imperial otlicers under the eontrol of the Le«iiHlu- tiire. The Hrst intimation that we have of the change that had taken phu^e in the status of these duties, was a ruessa<>;e from tiie Lieutenant Governor to the House of Assembly, dated ISth of February, 182.S-, in which he informed the TFouse that, owinj^ to a represe^ntation nuide bv the Colleetor of His Nhuestv's Customs at St. John, he had, witii the advice of His Ahijesty's Council, appointed a number of persons to assist in collecting the duties lately given to the Province by the act of the Imperial Parliament. On the 20th of February of the same year, there appeared in the JMovincial Treasurer's accounts, an ackiu)\vletlgment of the receipt of £422 3s. from Henry Wright, the Collector of Customs, for duties collected bv him under the acts of Parliament. During the same session returns were laid before the Hou^e of the accounts of the Collector and (Controller of His Majesty's Customs in this Province, of the duties received both at St. John and St. Andrews, and thus a new era in the history of f)ur commerce was commenced. The acts of the Im])erial Parliament 6th, (Jeo. IV., chapters 7o and 114, went still farther in the way of removing restrictions from Colonial trade. These acts provided that the duties imposed under them should be paid by the ('oUector of Customs into the hands of the Treasurer or Receiver General of the colony, to be applied to such uses as were directed by the Local Legislature of such colony, exception being made in SlU LEONAIU» TILLEY. U ref»ar(l to prodiKv of dutiefs ptiyable to His Majesty, iiikIci' any act jtassed prior to the IHth year of his hite MajoHty, Cl(!or«,'i' III. This exception is im]»ortant for the purpose of illustrating the pernicious and alisurd system under which duties had been collected. Kven so late as the year ISliS, Messrs. Siinonds and Chandler, our delegates to th»* Inij)eiial (lovernnuint, were conijilaining that duties were colle(;ted at the several Custom Houses in New Jirunswick u})(m wine, molasses, coHee and pimento, unared to that of the Provincial oHicers, was shown by the statement in the address that the Provincial revenue of £30,000 was collected at an exjteuse of about £2,000' and by a further .statement that these Imperial duties, which cost so much to collect, could have been collected by the Provincial oitic(;rs of revenue witli little or no additi(jnal charge. The address closed by exjtressing the hope tliat His Majesty w^>uld grant the desired relief by making such reductions as were ]»ractical in the c'istoms 96 LIFE AND TIMES OF establishment, and by causing the whole of the revenue, which might hereafter be collected in the Colony, under the provisions of any act of the Imperial Parliament, to be placed at the disposal of the Provincial Assembly. In 1828 this subject was again before the Legislature, and the chairman of the Committee of Privileges reported, as a result of an inspection of the returns of the customs of St. John and St. Andrews, that the whole of the duties collected at the port of St. John under the acts of the Imperial Parliament, had amounted during the year to £15,231 16s. lOJd., from which sum the officers of customs had retained £4,135 10s. 9fd., leaving £11,096 7s. |d. as the net amount of duties. The whole amount collected in customs duties at St. Andrews in 1827 was £6,007 19s. 2d., of which sum £2,382 was retained for salaries. These sums, it must be remembered, are all in sterling money. It was found by the same report that the salary of the collector at St. John was £1,500 sterling, or considerably more than twice as much as the salary of the present collector of the port of St. John, the revenue of which now approaches $1,000,000 a year. The con- troller of the port then received £700 sterling, or more than double the salary of the present surveyor of the port of St. John, who is the second officer in the service. The other salaries were in the same proportion ; two surveyors and searchers receiving £400 sterling each, the warehouse keeper £300 sterling, and the indoor officers from £270 to £150. The collector at St. Andrews received £800 sterling, the controller £400, and the SIR LEONARD TILLEY. 97 searcher £300. These sahiries were justly considereii to V)e excessive, and would be far too much even at the present day, when tlie business has so greatly increased. No answer was received during the session of 1828 from the British Government to the address which had been forwarded the previous year, but in 1829 a reply came. This reply, which was a lengthy document, can only be regarded as a piece of special pleading. After reciting the language of the acts, the reply states that it is the opinion of the law officers of the Crown that the salaries of the customs officers in the case of the duties raised, under 6th, Geo. IV., chapter 114, as in that of those received under former acts, are legally payable out of the gross produce, and that the balance alone, after such j)ay- ment, is to be paid over to the Colonial officers. The reply also pointed out that fees to a large amount, heretofore paid to the Naval officers in the several Colonies had been abolished, and that the compensation to the officers, in lieu of fees, was then paid out of the revenue of Great Britain. It stated also, that His Majesty's Government had consented that the Crown revenues would continue to be charged with the incidental expenses of the collec- tion of the customs, and with the compensation which has been found necessary to assign to the customs officers, whose salaries have been reduced ; and if there should be any Colony in which the salaries of the officers exceeded the amount of fees formerly levied, it was not intended that the excess should be borne by the Colony. With these qualifications, however, the reply stated G 98 LIFE AND TIMES OF that it aijpeared to His Majesty's Goverimieiit as not iiureasoiiaLk', that the Colonies should either acquiesce in the deduction, from ♦^he duties received in tlie Colony, of the adequate salaries now fixed for the officers, or should themselves make a per- manent provision for the officers to that amount. The reply states that by the adoption of either alternative, the additional exi)en8e thrown u])on the IMother Country will not be extravagant, and the Customs officers enjoying salaries which are considered moderate, will still be placed in that state of independence whicli is essential to the due discharge of their duty. This reply was accompanied by a detailed statement of the charge for salaries heretofore defrayed by fees levied in this Province, and that now proposed to be borne out of the duties collected in the Colonies, and also the salaries, compensaticms and expenses proposed to be borne by the Crown, or out of the revenue of the United Kingdom, under the new arrangement which was to take effect from the 5th of January, 1829. It appeared from this statement that prior to the year 1826, £9,133 7s. Id. sterling, was paid in fees, and £509 paid by the Crown in the shape of salaries. In 1826, the same amount as that formerly paid in fees, was paid by the Colony, and £1,086 3fd. was paid by the Crown in the shape of salaries and incidental charges. It was now proposed that the sum of £6,397 should be paid for salaries out of the Colonial duties, and the sum of £1,636 3s, 3d. paid by the Crown for salaries and incidental charges. In a SIR LEONARD TILLEY. 99 financial point of view this was a more favorable arrange- ment for the I*)'ovince than the one that had previously existed, savinj^ as it did almost £3,000 of the Customs revenues, which were to go into the Provincial exchequei- ; but as the House of Assembly of New Brunswick was contending for the jjrinciple that they alone had the right to dispose of the revenues which were collected in the Province, it was unsatisfactory. Therefore it was resolved unaninu)usly by the House, that this settlement of the matter proposed by the British Government could not be accepted. The House said that in unanimously coming to this determination they did so on the principle that the House of Assembly are the sole constitutional judges of the proper compensation to be afforded public officers when their salaries are to arise from taxation within the Province, and that although the House are well satisfied of the necessity of making proper provision for officers of the Customs, and will be at all times ready to appropriate a reasonable sum for that purpose, when the revenues are left to the disposal of the Legislature, they felt bound to say that the scale proposed was far beyond what the circumstances of the country would admit, and out of all proportion to the allowances made for similar services by the General Assembly. This manly resolution was a crude expression of the sentiments of a vast majority of the people of New Brunswick, although it must not be forgotten that the Council took no part in these remonstrances against excessive salaries, and declined to stand up for constitu- 100 LIFE AND TIMES OF tional usage, thus showing themselves to be wlioUy subservient to the wishes of the officials as they had been in every instance where the interests of the people and those of the official classes came in conflict. No progress seems to havebeoi-ji made in respect to the matter of Customs salaries during the year 1830, but it appears by the returns that for the year ending 5th of January, 1830, the Customs duties collected in the Province amounted to £16,616 18s. lid. sterling, from which was deducted for salaries £7,073 6s., leaving a balance of £9,543 12s. lid. Thus it appears that ia that year the salaries of the Customs officials amounted to about 40 per cent, of the whole sum collected by them, a scale of remuneration which would seem very absiird at the present day, In March, 1831, a series of resolutions was moved by Mr. Partelow in reference to the King's casual revenue and to Customs salaries. These resolutions, which need not be recited, announced the desire of the Legislature to provide for the whole civil list, including the Customs establishment, and asked for returns showing the salaries which Lad been annually received by the several Custom house establishments in the Province, for the payment of their officers and clerks, since the Imperial acts for the abolition of fees went into operation. These resolutions were carried and ordered to be laid before the President. At a later day, during the same session, an address was adopted by the House upon the subject of the Custom House establishment in this Province, which was ordered SIR LEONARD TILLEY. 101 to be sent to the Lieutenant Governor, so that it might be forwarded to His Majesty. This adch-ess recited the dissatisfaction that so uniformly j>revailed at the circum- stance of such hirge sums being annually withheld by the ollicers of Customs without the consent of the Legislature. It stated that the Trovincial officers, such as the Provincial Treasurer, whose duties were far more arduous, received much smaller salaries than those given to the Customs officials. The principal object of the address, however, was to place before His Majesty a scale of salaries which the House deemed sufficient for the service, and to ask that this scale be adopted. The Assembly offered to make a permanent annual grant to His Majesty of £4,250 sterling, for the payment of the Customs officers, either in gross or in such other way as His Majesty might direct. This scale of salaries gave the Collector of the port of St. John £700 sterling a year, which was a larger salary than this official now enjoys ; the Cont^'^dler was to receive £400 sterling, a larger salary than the surveyor of the port now has. The whole cost of the St. John Customs establishment was to be brought down to £1,930. The Miramichi Custom House was to be maintained for £450 ; that of St. Andrews for £990, the Collector there receiving a salary of £400, while the other salaries were reduced in the same proportion, so that the total sum for salaries and incidentals was brought down to £4,250 sterling, equal to £4,903 16s. lOd. currency, or aboat $20,000 of the money of the present day. 102 LIFE AND TIMES OF This proposal brought a favorable reply, which was addressed from l)owiiiiig street, on the 5th January, 1832, by Lord Howick, wlio afterwards, as Earl (Jray, was Secretary of State for the Colonies, and had a great deal to do with the negotiations between New lirunswick and the Mctther Country in the matter of building a line of railway from Halifax to (Quebec. It was fortunate for the peojtle of New Brunswick that a Liberal Government had come into i»ower in England prior to this time, and that the old vested interests which were thought to be su])erior to the rights of the people, were beginning to be looked upon with less favor than had been the case formerly. Lord Howick, in his despatch, stated that the Lord Commissioners of His Majesty's Treasury were willing at once to accede to the proposal of the Legislative Assembly of New Brunswick to make a permanent grant to His Majesty of £4,250 sterling per annum to the Custom House establishment in New Brunswick. Their Lordships were also of the opinion that the present scale of sahiries ought to be reduced, but they were not yet possessed of all the infor- mation which they required to enable them to determine on the amount of reduction, either of the number or salaries of the officers, which could be eft'ected without impairing the efficiency of the department. They Itromised, however, that at an early period they would revise the Customs establishments in all the ports of the North American Colonies, with a view to fix them on a reasonable and moderate scale. This was a very satis- SIR LEONARD TILLEY. 103 factory (Icsjtatcli, uucl altliou^'li the aiTim<,M'inent wiis not carri(Hl out iinm(Mliately, yet it became (»i»evative in due course, in tlie latter part of tlie year 1835. An act was }»as.se(l in March of tliat year, by the Legislature of New I5runswi(:k whicii declared that " it is one of the most inherent and uminestionable ritj;hts of tiu; (ieneral Assembly of this Province to (lis])ose of the whole amount of all duties, taxes and sui)i)lies collected witiiin the same," Tiie act then went on to declare that His Majesty's faithful and loyal subjects of the Assembly of New liruiiswick have freely and voluntarily resolved to give a j^'rant to the Kin<^'s most excellent Majesty, his heirs and successors, towards })roviding for the (.'ust(jm House establishment in this Province ; that the j)rincipal olticers f»f the Customs of this Province are authorized to retain the annual sum of £4,250 sterlin»<, out of the monies arisino' from the duties whi(;h they may collect under the acts of the Imperial rarliament, the surjdus to be paid over to the I'rovincial Treasurer (juarterly. Thus was vindicated the princijde for which our House of Assembly had so steadily contended, and the rifi^ht of that body to dispose of the entire revenues collected in the Province in whatever manner they saw fit, was freely admitted by the special confirmation and ratification of the act by order of the King in Council, dated 30th of September, 1835. It is a singular fact that while the House of Assembly contended so strongly for its right to appropriate all the monies collected by the Imperial Custom House officers 104 LIFE AND TIMK.S Ol in this I'rovincu, it seemH to Imvc ignored ur forj^otten the .still mow. iinpoitunt ([uestioii ol" the rij^ht of tuxatioii which wjis involved in this niiittcr. The (contest between the Mctthcr Country nnd the thirteen Colonies was the result ol" iui nttenii)t on the ])iirt of the Ihitish (Jovorn- nient to impose Customs duties on the CVdonists, and the C(»nt(Uitiou of the Colonists, which they suecessfully nmintained as the result of a lon*^ and bhtody war, was that there should be no taxation without re))resentation. This ])rinci]>le was so far admitted by the British Governnufut, that in 177H an act was passed declaring that from and after its i)a8sing "tlie King and Parliament of Great Britain will not impose any duty or tax assess- ment whatever, payable in any of His Majesty's Colonies, excepting only such duties as it may be expedient to impose for the regulation of commerce." In sj)ite of this very i)laini)rovision it has already ])een seen that the Im- perial Customs establishment of New Brunswick, and the other North American Colonies of (Jreat Britain, continued to collect duties, which, whether they were necessary for the regulation of commerce, or merely for the jmrpose of raising a revenue, were entirely in opposition to the ])rinci])le that there should be no taxation without representation. The indifference of the House of Assembly of New Brunswick in regard to this particular phase of the question must be ascribed to defects in the political education of the people, who had been so much accus- tomed to regard the royal prerogative as sacred and the SIR LKONAKI) TIl-LEY. 105 linjdM'ial rarliiiiiii'iit as hujhcuu', that they failed to recoj^nize the fact tliat the rights of the juM)|»le of New r>nuiM\vi(!k were being Heriou.sly interfered witli by the Iiiilterial legislation which jirovided for the nniintenance of Customs estahlishiuentH. There were indeed ninny grave abuses and dithculties in connection witli the collection of two sets of duties by two sets of orticers on the same goods imported int(» this Province. In general such a condition of things was only made tolerable by the liberal manner in which the taritt' of duties was interja-eted by the otticials, yet there were sometimes collisions between the Provincial and Imperial olticers which led to difticnlties. An instance of this was presented to the notice of the British Gov- ernment in 18.'i3 by Messrs. Chandler andSimonds, when they went to Phigland as a deputation on the subject of the grievances of the Province. They stated that, although the revenue laws of the Province and the Imjierial acts specified the manner in which the proceeds of seizures made by the officers of Customs and Provincial officers should be disposed of, collisions had taken ])lace between these officials, and instances had occurred of seizures by the officers of His Majesty's Customs of articles which had been previously seized by the Provincial revenue officers, and condemned and sold by them. The delegates pointed out that uidess a remedy was applied to proceedings of this nature, the Provincial revenue laws for the prevention of smuggling, would, so far as they applied to articles which were liable to \m LIKK AND TIMKS OF rarliiiincntarv (lutics, Income entirely iinijatorv. This mutter vvuh l)rou<;lit to the notice of tlie projuM- oMicers by the British ( Jovernnient, and tVoni that time, tlie com- |»hiintM on tlie >jnltjo(!t bocanie les.s trei|ntmt. It was not, however, until the ytMir 1848 that the whole ('omj)li(!ate(l system of eollectin;^ douhle dnties hy two set8 of oftieers was swept away. The history of the ]e)'islati(tn which l)ron«dit tiiis ahout and which resulted in Kn;,dand becoming' a free trade (!Ountry, does not }»ro]»er!y belong to the narrative which I have in hand. The fall of the Imperial ('nstoms system in the ('ohmi(\s was NAI{1» TILI.KY. . 107 sliippin^' w»!rt* eiitrusUMl to I'mvincial ollict'is, who t'nun tlmt time to tlic ]>n'H«»nt, lmv<' done tlieir tluty in a lutinni'V not less rtlicicnt tliiin tlieir itredecessors. MentifMi liiis mIicikIv li»'en niiide of the siny;uliir constitution of the Council of this I'rovineu, which c(»ni- bineil both executive and Let^islative functions. The Council was a body wholly irresponsible, but ([uite powerful enough, with the assistance of the [.ieutetmnt Governor, to defeat the wishes of the jiojiular branch of the Legislaiure, whenever it chose to stand in the way of ])rogressivo lA'gislation. The arbitrary conduct of this body had always been a subject of coniplanit, both by the peopl(! at large and the members of tlu^ House of Assembly, because, while the Council was constituted as it was, it was felt that legislation was wholly at the mercy of an irresponsible body, which ^ad little or no sympathy with the wishes of the j)eo}>le. A very important change was made in 1833 with resj)ect to the Council, which tirst came to the knowl- edge of the House by a message dated 11 th of February of that year. The Lieuterumt (Jovernor informed the House of Assembly that His Majesty had been pleased by his royal commission to appoint two separate and distinct Councils in the Province, to be res])ectively called the Legishitive Council and the Executive Council, and had vested in the Legislative Council all the powers heretofore given to the Council of the Province as far as regarded the enacting of laws, and in the Executive Council all the other j)owers heretofore 108 LIFE AM) TIMES OK exercised by the Council originally appointed. It is not known by what influence this important change was brought about, but it may l)e ii.ferred that it came as a result of re]>resentations made by the Lieutenant Gov- ernor himself, at the instance of one or two of his most trusted advisers. It was stated in a communication to the British Government by Messrs. Simonds and Chand- ler, in -hme, 1833, that the change had been advised, determined upon and carried into effect without the knowledge, advice or consent of the late' Council, or the concurrence of the Legislature, suid it was objected to on that ground. The delegates maintained that the established constitution of the Colony should not have been changed or modified by His Majesty's Government without the concurrence of the Legislature itself. It is a singular proof of the political infancy of our Provincial members of Assembly at that period that a change so obviously necessary in the interests of good Government should have been considered improper, no matter in what manner it may have been brought about. These members ought to have understood very clearly that while the Council continued to exercise both Legislative and Executive functions, no member of the House of Assembly could ever become a member of the PLxecutive Council or take any active part in the administration of the affairs of the Government. The House of Assembly, prior to that time, had l)een merely a body, free from executive responsibility, charged with the duty of guarding the public purse, and therefore coming into SIR LEONARD TILLEY. lO'J constant collision with the Governor and his advisers, in consequence of their refusal to grant money, which the Governor deemed necessary for the maintenance of the public services of the Province, On the 2Hrd of February, 1833, the Lieutenant Governor sent to the House of Assembly the despatch relative to the constitution of the Legislative and Executive Councils. In this document it was declared that the Executive Council should consist of five members, and that three of such members should constitute a (juorum, for the transaction of business. The five members appointed Executive Councillors at this time were Thomas Baillie, the Surveyor General, William F. Odell, the Provincial Secretary, Frederick P. Robinson, George Frederick Street, Advocate General, and John Simcoe Saunders. Messrs. Baillie and Robinson had been members of the old Council, but the other members of the Executive named were new men. The document by which these gentlemen were appointed members of the Executive Council declared that in the absence of the Lieutenant Governor or of the otticer administering the Government for the time being, the member of the Council whose name should be first on the list should preside in said Council. It was also declared that the members of the Executive Council, as well as of the Legislative Council, should hold their office during His Majesty's pleasure. The new Legislative Council, as constituted on the 11th of February, 1833, consisted of ten members, three of whom, Messrs. Baillie, Robinson 110 LIFE AND TIMES OF and Sauii(lei'.s, wuie members of the Executive Council, Chief Justice Saunders, who had been orij^inally ap])()inted a member of the Council in 1793, being President. Several members of the old Council were dro])pe(l from the list, among them being Judges lUiss, Botsford and Chijtman, and the Lord Bishop of Nova Scotia, who had attended but once as a member of tlie Council seven years before. It is worthy of mention in this connection that, from the time of the first establishment of the Council in 1784 up to the period with which we are now- dealing, the public had been wholly without information in regard to the proceedings of that body. Its meetings were held with closed doors ; no member even of the popu- lar branch of the Legislature was alk)wed to be present at its deliberations, and the only information in regard to its doings that reached the outside world was when a Committee of the House was appointed to search the journals of the Council for the purjjose of discovering what had become of some bill, which after being passed by the House of Assembly as a result of much delibera- tion and long debate, had disappeared in the Council, to be heard of no more. In 1831, the sum of £500 was granted by the Legisla- ture for the purpose of defraying the expenses, of arranging, compiling and printing the journals of the Legislative Council, from the commencement of its existence to the session of 1830. In 1832 this was supplemented by a further grant of £210 15s. for the payment of the balance due for arranging, compiling and SIR LEONARD TILLEY. Ill printing the journals of the Legislative Council. The result of this grant was the publication of two volumes containing all the proceedings of the Legislative Council from the beginning, and then the public for the first time learned the manner in which the business of that body had been conducted, and the amount of regard which was paid to their wishes, as expressed by the action of their representatives in the House of Assembly. 112 LIFE AND TIMES OF CHAPTER IV. TlIK CASUAL AND TERRITORIAL REVENUE. The abuses connected with the Crown Land deii.trtment naturally attractp-d a larger amount of attention than any others, in the Legislature of the Province. It has already been explained that the revenues derived from the Crown lands of the Province were not under the control of the Legislature, and were expended without regard to its wishes. This was a very practical grievance, and our ancestors, who were little given to theorizing in regard to systems of Government, made the Crown Land office the main object of attack for many years. The ([uestion of the control and management of the Crown lands was one that iiivcjlved many features, so that to deal with them fully would require a larger space than is necessary to give to the matter in this volume. One grievance, which was felt to be an important one, was that in connection with the collection of quit rents. The grants of land originally given to the first settlers of this Province provided for the payment of a certain annual sum in the shape of quit rents. It appears that when these grants were made the grantees had no idea C" ^ « ^' ^ *»>■■' SIK LEONARD TILLEY. 113 that the provision for (juit rents would ever be enforced, looking upon it merely as a nominal acknowledgment of the sovereignty of the Crown. But in the year 1830 an attempt was made to collect these rents, and it brought on a very unpleasant state of affairs between the Lieuten- ant Governor on the one side and the House of Assembly, representing th^ Province, on the other. The quit rent grievance formed the subject of numerous addresses to His Majesty. It was one of the matters entrusted to Messrs. Chandler and Simonds, who were sent as a deputa- tion to England on the subject of grievances in 1833. The collection of (^uit rents had at that time been suspended, but the British Government informed the delegates that unless the Assembly should be disposed to enter into some arrangement for a permanent civil list, on the relinquishment by the Crown of quit rents throughout the Province, there would be no alternative but to resume their collection. Finally a bill was passed in 1835, in which the sum of £1,200 currency was granted to His IMajesty, in commutation and full discharge of all quit rents and arrears of quit rents then due or to become due, reserved in any grants or letters patent from the Crown, of lands within the Province of New Bruns- wick. This annual sum of £1,200 currency was to be applied by His Majesty towards making and improving roads and bridges within the Province. This was a solution of the difficulty which gave the Province itself the benefit of the quit rents, and which might have been reached earlier without the amount of negotia- 114 LIFE AND TIMES OF tion aud correspondence whicli was expended upon it. Under the old system by which tlie Crown lands were regulated, large areas of the Province of New Brunswick were held as reserved lands for the avowed j)urpose of supplying masts for His Majesty's navy. It was always felt that the existence of these large reserves was a great hindrance to settlement, because land was 'thus locked up which was recpiired for actual settlers, and which might have very well been opened without at all inter- fering with the naval establishment. In 1819 a Committee of the House of Assembly M^as appointed for the purpose of inquiring into the subject of reserved lands, in Charlotte and Northumberland Coun- ties. The report of this committee showed that consider- able areas of these lands consisted of hardwood land, suitable for settlement, and not in any sense valuable for the purpose of growing masts for His Majesty's navy. The Council was requested to join in an address to His Majesty, asking to have these lands opened up to settle- ment, but it declined to do so. As the Council would take no part in this movement, tlie House of Assembly had to proceed on its own responsibility, and during the session of 1820, an address was prepared to be forwarded to His Royal Highness, the Prince Eegent, on the subject of these reserved lands. During the session of 1821 a letter was received from Earl Bathurst, acknowledging the receipt of the address from the House of Assembly, and stating that the matter had been referred to the Surveyor General of Woods and Forests SIR LEONARD TILLEY. 115 in North America, for the jjurpose of ascertaining from him whether the hinds in qnestion abounded vvitli pine so as to make their reservation important in the public interest. The Surveyor CJeneral of Woods and For- ests in America was ex-Governor Sir John Weutworth, who, at the time Earl liathurst wrote the communication in question, was dead, although the news of his death had not then reached England. The position of Surveyor General of Woods and Forests, which he held for many years, was a sort of sinecure office and was not filled after his death. As Sir John Wentworth was dead, and therefore unable to give his opinion as to the reserved lands, in March, 1821, a committee was ajjpointed to wait upon the Lieutenant Governor in regard to their reservation, asking him whether any person had been appointed Surveyor of Woods and Forests in North Am- erica, and, if any, what steps had been taken to convey to His Majesty's ministers the information relative to the reserves in Charlotte, referred to in Lord Bathurst's letter. In February, 1822, a communication was received from Lord Bathurst, stating that His Majesty had caused inquiries to be made as to the state of the timber on the several reserves in Charlotte County, and as it appeared that they contained a considerable quantity of timber most valuable for naval purposes. His Majesty did not fefel that he could accede to the wishes of the Assembly, or abandon the reserves for the purpose of allotting them to settlers. This disposed of the subject for the time being, but it was by no means lost sight of in the subse- 116 LIFE AND TIMES OF quent agitation in regard to other branches of the Crown land service. During the session of 1819, another matter was brought to the attention of tlie House, whicli formed the subject of a long and acrimonious dispute with the home Government. On motion of Mr. Colin Campbell, one of the members for Charlotte County, it was resolved that an humble address be presented to the Lieutenant Gov- ernor, stating that the House of Assembly had learned with surf)rise and regret of the bonds which were taken in the oflice of the 1 )ej»uty Surveyor of Woods for one shilling a ton on licenses to cut and shij) pine timber in this Province. The House of Assembly expressed the opinion that this measure, if persisted in, must j)rove ruinous to the timber trade of the Province. The resolu- tion also requested that His Excellency should inform the House, if a recent instruction had been received from His Majesty's ministers, requiring such bonds to be taken, and to what purpose the large sums arising there- from were to be appropriated. Lieutenant Governor Smyth, in reply, stated that in consequence of representations made to the Government in England of the great and unwarrantable destruction committed in His Majesty's woods in this Province, positive orders were issued by the Lord Commissioners of the Treasury forbidding any license to be gi-anted for cutting timber, except under the sanction of the Lieuten- ant Governor, first obtained. He stated that these orders had been communicated to the Council, who, after SIR LEONARD TILLEY. IIT eiato considoiation, arranged and reconinu-mled a system which, in their ()])inion, miglit eft'ectually prevent the rcH'urrence of niniihir ini.sohiefH in future. The sliilling a ton, he .said, formed a part of that system which had been transmitted for the consideration of His Majesty, and bonds had been taken to secure the payment of that sum in case it sliouhl eventually be demanded. The money which might arise from tlio ])ermission to cut timber, as well as all other sums of money which might accrue to His Majesty from the sale, or other disposition of property belonging to the Crown in this Province, was to be approjn'iated to such uses as His Majesty might be pleased to direct. This reply involved a declaration to the members, that the King could do what he pleased with the Crown lands of New Brunswick, and that such a rate of taxation might be imposed upon those who desired to cut timber in this Province as would effectually put an end to the trade. It also involved the proposition that the money arising from the sale or rents of the Crown land in New^ Bruns- wick belonged to the King alone, and might be disposed of by him in any manner he saw fit, without any regard whatever to the wishes of the Legislature. The House of Assembly w^as not disposed to submit meekly to this rebuff, and, a few days later, it was resolved th^t the systerfl which rec^uired bonds to be taken for the payment of one shilling a ton on all pine timber manufactured in the Province, was a measure highly injurious to its trade, and in the opinion of the House, not contemplated by the IIH LIFE AND TIMES OF in.stiuctioiiH of His Mujesty's ministeis, coiniiiuiiiciite*! to tho House ill tluMiiosHage of the Lieuteiiunt (lovemor. The House of Assembly also expressed the opinion that the instructions referred to were only iniended to j)revent the destruction of pine trees fit for naval pur])oses, and that this object could have been carried into effect without injury to the numerous classes of His Majesty's suV)jects employed in manuf>i(!turin},' and shi])ping timber to the mother country. This resolution appears to have "greatly annoyed Lieutenant (lovernor Smyth, who was a {gentleman who seems to have had no small opinion of himself and of the office which he held. In a messa<^e which he com- municated to the House of Assembly a few days later, he said that he had read with surprise and concern the resolution of the House, animadverting upon the conduct of His Majesty's Executive Government in the Province. He expressed his belief that the resolution had been passed without due consideration, and stated that, as the business in question was a matter belonging exclusively to the Executive, the House should rescind the resolution, which was the suVjject of his complaint. This message was taken into consideration by the House on the same day, and Mr. Humbert, of St, John, who appears to have been one of the Lieutenant Governor's friends, moved a resolution that, as the system adopted by His Majesty's Government in this Province, for the payment of one shilling a ton on pine timber, was not necessarily within the consideration of the House of SIR I.KONAIil) TILLEY. 119 Assembly, any resolve of tlu' House on the siiid system may he (U^emcd an im]ir<(|i«!r interference witli His Majesty's prerogative. The resohition (MkIcmI i>y declaring tliat the resolve, of which the LientcMiant (lovernor comitlaiiied, .siioiihl not he retained on the journals of the House. Fortunately there was enough manhness in the House of Assembly to rej»H't this absurd resolution, whic^li was defeated by a vote of 11) to 4; the four members who voted for it being Mr. I[und)ert, of St. John, Mr. Myles and Mr. Wilmot, of Sunbury, and Mr. Allen of Yori\. The Lieutenant Governor seems to have been greatly annoyed at the refusal of the House of Assembly to comjily with his request, and on the following day lu* came down and (h'ssolved the House with the following words. " it was with great concern that 1 noticed your proceedings in a measure to which your attention has been very recently called, which conduct I cannot suft'er to pass unnoticed, consistent with the duty I owe to my Sovereign. The only mode which you have now left me t(j do is by dissolving this general assembly." The House thus dissolved so peremptorily had only sat three sessions, and liad still four more sessions to sit, under the se])ten- nial arrangement, which was then tlie law of the Province. The subject of bonds on timber licenses does not seem to have been discussed by the Legislature dining the session of 1820, but in 1821 a resolution was passed that an address be ])resente\\ rt'cfivcd from His Maj«'Mty, in rej^anl to tlimi, sincr tlir uufMsa^'i* (tf the 11th of March, 181!). In it'i»ly to this the LiiMJten- ant (iovcMiioi' infoi'inod tlu> Honsc that he iiail not reeeived any in.stinctionH from His Majesty's ministers on the snhject. Tiie same session tiie House passed a resolution tliat an address he ja'esented to tlie Kinjj;, jjraying that His Majesty would l)e graciously j)leased to direct that the duty of one shillinj,' a ton on all tiniher he discon- tinued, and that His Majesty's suhjects in this Province, who had entered into honds for the payment of said duty, mi(|ui.sition to (cancel the timbur bolide, ho was (le.siroiiH of previouHly asctM'taining the total amount of tho bonds in (pn'.stion, in onlor that ho might b(! abh; to Judge liow far the depression in tlio timber trade had l)een occasioned by an excessive issue of licenses. A few days later an address was ordered by the House, asking His Excellency to direct that a state- ment be furnished of the total amounts of bonils taken for ])in«f tind)er cut on lands in this Province. (Jovernor Smyth de(dined to comply with this re([uest on tho ground tliat the nmtter was then under the consideration of His Majesty's ministi^rs. The Houses of Assoml)ly was determined that this subject should not l»c allowed to rest, and a day or two later, on motion of Mr. Allen of York, it was resolved that a dutiful and humbler address be pre])ared and laid before the King, jmiying that His Majesty take into consideration the depressed state of the timber trade of the Province, and that he direct that the bonds taken for pine timber cut on the Crown lands be cancelled. The subject of the timl)er bonds still continued to engage the attention of the House. On the loth March, 1822, on motion of Mr. K. Simonds, it was resolved that His Excellency be asked to inform the House whether any regulation had l)een adopted with regard to the issuing of licenses for cutting pine tim})er on Crown lands, l)y which none was to be granted until a shilling a 122 LIFE AND TIMES OF ton on the whole be first paid. On the 19th March the Governor returned for an answer to this question, that a new regulation had been adopted in Council respecting the cutting of pine timber, by which a shilling per ton was to be paid for the (quantities applied for. On the 21st March, a draft address was reported to the House by a committee which had been appointed to prepare it, asking the King to take into consideration the depressed state of the timber trade of the Province, and to direct that the bonds taken for the pine timber cut on Crown lands be cancelled. The Governor was asked to lay this address at the foot of the throne, and he replied , that, although he considered the address irregular, not having received the sanction of the Legislative Council, yet he would, as requested by the House, transmit it to His Majesty's ministers. He added that at the same time, he should consider it his duty to accompany it with his own observations and those of His Majesty's Council on the subject. On the same day, Lieutenant Governor Smyth prorogued the Legislature, accompanying his closing observations with some advice to the House of Assembb ' i regard to what he conceived to be their errors as to the constitution of the Province. He directed their attention to the expediency of amending these errors as early as possible, and declared that the best method of discovering them was to compare the working of the constitution with the parliamentary forms and usages of the mother country. The modern reader will appreciate the absurdity involved in such a statement on SIR LEONARD TILLEY. 123 the part of Lieutenant Governor Smyth, when it is remembered that at this period about one-third of the representatives in the Ikitish Parh'ament were elected from rotten boroughs which either had no population at all, or had so small a constituency that they were virtually under the control of the rich land owners, who held the territory in which they were situated. That was the system which the Lieutenant Governor of New Bruns- wick, seventy years ago, desired the free people of this Province to imitate. During the session of 1823 the House of Assembly in(|uired of the Lieutenant Governor whether any answer had been received in regard to their address, in reference to the duty on pine timber. In reply Governor Smyth laid before them a letter from Lord Bathurst, in which he stated that the matter had been referred to the Lords Commissioners of the Treasury, to whose department it more particularly belonged. He stated that in the meantime he concurred generally in the opinion put forth in the report of the Council. This opinion, it is hardly necessary to remark, was entirely opposed to the claims of the House of Assembly inter- fering with the regulation of the cutting of timber, which was held to be a subject belonging exclusively to the Executive. Lieutenant Governor Smyth took ill during this »ession of the Legislature, and died on the 27th March, 1823,. so that the Province was relieved from the malign influence which he had exercised in England, on all matters where rJ4 LIFE AND TIMES OF the House souglit to limit tlie royal prerogative or the authority of the Council. In 1824 the House addressed President Chipniau, who was administering the Government, for the purpose of ascertaining the amount of money paid to the lieceiver General of His Majesty's casual revenue, or his deputy in this Province, between February 1822, and January 1824. This reasonable request was refused by President Chipman on the ground that he could not give the infor- mation without instructions from tne Lords Commissioners of His Majesty's Treasury, under whose control the casual revenues of the Province were held. President Ohipman died just fifteen days after he gave the House of Assembly this answer, and was succeeded as president by John Murray Bliss. The session of 1825 was opened by Sir Howard Douglas, the new Lieutenant Governor, but the timber duties did not come up for discussion in the House at that session. The following session, however, on motion of Mr. Slason, of York, it was resolved to ask His Excel- lency to take such steps as he might deem expedient and proper to have the timber bonds taken for licenses in the years 1819, 1820 and 1821 cancelled. When this mes- sage was received by His Excellency, he replied that he would not fail to recommend to His Majesty's Govern- ment that the bonds referred to be cancelled. Sir Howard Douglas was a man of a different spirit from the narrow-minded, prejudiced person who was his predecessor in the office of Lieutenant Governor, and he was much SIR LEONARD TILLEY. 125 more disposed to favor the interests of the people of New Brunswick than some of the natives of the Province, who got themselves placed in permanent public positions, which they used mainly for the purpose of promoting tlieir own private fortunes, rather than for the benefit of the country. It was not, however, until February 9th, 1827, that Sir Howard Douglas was able to lay before the House of Assembly a message acquainting that body with the impor- tant fact that he had been duly authorized to comply with the address of the House and cancel the timber bonds. This good news was further confirmed by a message on the 7th March of the same year, when Sir Howard Douglas was able to inform the House of Assembly that the timber bonds taken between the years 1818 and 1821 inclusive, amounting to £8,210 13s. 4d. had been can- celled agreeably to the directions of Earl Bathurst, of the 31st July previous. Thus one episode of the controversy between the House of Assembly and the home author- ities, in regard to the timber revenues of the Province, was brought to a satisfactory conclusion. The same conclusion might have been reached years before had the Council of the Province displayed a more patriotic spirit, and been imbued with a stronger desire to advance the material interests of their fellow-subjects in the Province. It was the curse of this time that persons who considered themselves to belong to the upper classes, held themselves aloof from the people and professed to believe that their interests and those of the rest of the inhabitants of the 126 LIFE AND TIMES OF I'rovincc, were entirely separate ami distinct from each otlier. They forgot that the general prosi)erity of tlie I'rovince could only be jjromoted l>y the prosperity of each individual in it, and that any regulation which imposed burdens on a leading industry, such as the tim])er trade, must necessarily be injurious to the entire community. The settlement of the timber bond business by no means closed the controversy with respect to the casual and territorial revenues. The fact that tlie House of Assembly had no control whatever over these revenues was a standing grievance which would continue to be the subject of agitation until it was removed. Prior to this time a new system of selling and disposing of the Crown lands of the Province had been introduced, and during the session of 1829 it came under the notice of the House of Assembly. On motion of Mr. Chandler, a series of resolutions was carried, praying His Majesty to ainiul the orders recently issued, in regard to the granting of Crown lands, which the House considered to be based on a system, which if persevered in, would be productive of great loss and damage to the Crown, and an irreparable injury to the colony. It seems that these regulations permitted the lands to be sold in large blocks, frequently without being sufficiently advertised, so that large areas were locked up which otherwise woiild have been opened to settlement. The Council of the Province joined the House on this occasion in an address to the King on the subject, show- SIR LEONARD TILLEY. 127 in<^ tliat ])etween the 30th of June, 1827, and tlie 31st of December, 1828, 187,330 acres of Crown lands had been sold, for which there had been received in payment only the sum of £965 16s. 4d., from which sum the incidental exjjcnses attending the sales amounted to £503 18s. 8d., which being deducted, left the sum of £461 17s. 7d. as the net amount of the purchase money for these enormous areas of land. A very slight calculation will show that the land thus sold realized something less than a cent an an acre. Under these circumstances it need occasion no surprise that even the Council became alarmed at a condition of affairs, which threatened to deniule the public domain of its best lands without any suitable equivalent. Even this sum, inadequate as it was, was not available for any public purposes, because consider- ably larger amounts had been v upended by the Surveyor General's department on the surveys, so that the land went for absolutely nothing. The question of the casual and territorial revenue of the Province was one which was not to be allowed to rest. In March, 1831, on motion of Mr. Partelow, it was resolved that an humble address be presented to His Honor the President, praying that he would cause to be laid before the House a detailed account, showing the amount paid into the casual revenues from the 1st of January, 1824, to the 1st of January, 1831, particular- izing the sums in each year respectively, and from what source or sources the revenue was derived ; also a state- ment of the expenditure from the casual revenue for the 128 LIFE AND TIMi:S OF same period, and for what jmrjto.se.s, and under what authority the respective payments liad y>een made ; also the amount of salaries enjoyed re8j)ectively by all heads of departments, and from what fund or funds their emoluments were derived. The committee appointed to present this address consisted of Mr. Partelow, Mr. Simonds, and Mr. Clinch, and they reported four days later that they had waited upon His Honor the President with the address of the House, relative to the civil list, and that he had replied, that consistently with such instructions as had been hitherto received respecting the King's casual revenue and the civil list of the Province he could not now comply with the prayer of the address but that he would transmit it for the consideration of His Majesty's ministers, and their orders thereon. The answer of His Honor the President was taken into consideration by the House on the 16th March, about a week after it had been received. Mr. Partelow moved a resolution, wliich was passed by the House, in which the former resolution of the House was recited, and it was resolved that, as the information sought for had not been obtained, the subject referred to in the address should be brought under the consideration of His Majesty's Govern- ment by an address from the House, and that a committee Ym appointed to prepare the same. Messrs. Partelow, Simonds and Chandler were appointed a committee to prepare this address, which was laid before the House of Assembly on the 31st March, and passed by a vote of 14 to 8. As this address was the basis of the SIR LEONARD TILLEY. 129 (lemaiid madt' ujmhi tlic IiiiiKirial (lovornniont for ii change in the system of (lis])osiiig of the casual and teiiitorial revenues of the I'rovince, 1 quott; the major part of it. It was as foHows : "Deeply sensible of the ]»aternal affection entertained by Your Majesty for the welfare of all Your Majesty's subjects, however remote their situation from the i)arent state, the Assenddy most hundily venture to l)ring under Your Majesty's notice the grievances which Your Majesty's loyal subjects residing in this colony endure from the office established here, called the ofhce of Department of Crown Lands and Forests, " By the operation of the system practised in this office, very large sums are taken from the people of this Province for licenses to cut timber on Crown Lands, and although the Assembly do not question the right Your Majesty undoubtedly has to the lands in question, they think the tremendous powers with which the Com- missioner is vested, with regard to impositions of tonnage money and the enormous exactions for fees, to be incompatible with a free government, and to require redress. " It is generally understood, as well as universally believed, that the Commissioner in question is under no control in this Province, and to this may be ascribed the mode in which licenses to cut timber are issued in very many cases, in quantities less than 100 tons, subject to a duty of Is, 3d. per ton, and the excessive fee on each of 45s. By this mode, a large part of the receipts is paid 180 LIFE AND TIMES OF in the shape of fees, at once injuring the subject without benehtting the revenue ; and the Assembly feel convinced if the office were under Colonial management, that while the oppressions would be removed, the revenues would be more productive ; and besides, the Assembly cannot but view with just alarm that the day nuiy possibly come when, by a single mandate from the office, exac- tions of such magnitude may be made, as literally to stop the export trade of the country, a power which no person should have even the shadow of authority to exercise. " The Assembly, at an early day the present session, by an address to the administrator of the Government, sought for documents regarding this office, to enable them officially to bring the subject more in detail under the consideration of Your Majesty, but this information, so highly desirable and necessary, has been withheld from them ; and the Assembly, therefore, with great submis- sion, lay before Your Majesty herewith, a copy of the said address, with the reply thereto, for Your Majesty's gracious consideration. " It will by that be seen the objects contemplated by the Assembly ; no less than relieving Your Majesty's Government permanently from the burthen of the whole civil list of the Province, a subject which the Assembly humbly conceive to be of great advantage to the parent state, and only requiring that the revenues, from what- ever source or sources derived in or collected within the Province, should be placed under the control of ita Legislature. SIR LEONARD TILLEY. 131 " The Assembly have so often brouglit under tlie notice of Your Majesty's royal predecessors, the privations endured V»y your loyal subjects, the first settlers of the country, and the unswerving attachment to the liritish constitution that induced them to abandcju their homes and seek an asylum under British protection in a wilder- ness, that they deem it unnecessary to dwell upon that interesting topic on the present occasion. " But they humbly beg leave to represent to Your Majesty that although, as before expressed, they do nofc deny the unquestionable sovereignty of Your Majesty to the wild lands in this colony, they most humbly conceive that the revenues derived from them, when the trying circumstances under which this Province was originally settled are duly considered, should be under the control of the Legislature, although from the comparatively small value of the ungrauted lands, with those granted, but little can be anticipated after the grant fees are first paid, and it will, therefore, be from the timber duties almost alone, the Assembly may expect any addition of revenue in part provision for the civil list. " The House of Assembly, therefore, most humbly pray that this, their representation, may meet from Your Majesty a gracious reception, and that Your Majesty will be pleased to give such directions to the administrator of the Government as will enable the Assembly to carry these important objects into effect." When the House met again in January, 1832, Sir Archibald Campbell was Governor. Sir Archibald 182 LIFE AM) TIMES OF Campbell was a soldier who liad received his military education mainly in India and IJurniah. He was there- fore very ill-suited to he the ('hief Ma^dstrate of a free j)eoj(le, es})ecially in a Province like New HrunHwick. Why the British Government persisted in s(U»dinitter experience and the fatal results of their system of administration in the case of the old thirteen colonies ought surely to have taught the Government that better men were required for such service, but it would seem it did not have this effect. Whatever may have been Sir Archibald Campbell's merits as a soldier, he took a stand in the Province of New Brunswick as an enemy to liberty, and to all good Government, and he will be remembered as an upholder of an ancient despotic system which was falling to pieces, and as a man who endeavored, and for some time successfully, to stand in the way of the political progress of the country. A few days after the opening of the Legislature in 1832, Lieutenant Governor Campbell laid before the House a despatch which he had received from Lord Goderich, referring to the address of the House, which had been passed the previous session. In regard to supplying information as to the amount of expenditure of the casual revenue. Lord Goderich said that he had not received any commands from His Majesty on the subject, and that.as the resolutions of the Assembly were grounded SIR LEONUl) TILLKY. 18S ultn^'titluT (III luioiu'ous iiifoniiiition, it was not in liis jtower to iiiitliorizt'. l\n\ LitMitontmt Governor to ('((injdy with tlic iiMpU'st (»f till' llcm.su. The ])i('unil»l(' t(t tlic rii.sul lit ions seenit'd to exiircss the lu'licf that His Miijt'.stv, in a sju'ech I'loni tlic throne in ojiening the Iniperial I'arlianient, had announced his intention (if ,siiiTendeiin<,' all Provincial revenues, and placing them under the control of the Provincial Legisla- ture, and it seems this was the error to which Lord (loderich so pointiully directed their attention. This curt reply did not prevent the House of Assembly from again dealing with this im])ortant nuitter of revenue. A few days after Lord Goderich's reply had been received, a resolution was passed that an humble address be presented to His Excellency, praying that he would lay before the House an account of the monies received by all persons emi)loyed in collecting the (;asual and other Crown revenues, between the first day of January, 1830, and the 31st of December, 1831, inclusive, and that he would lay before the House a statement of the amount of the incomes of all ofticers in the civil departments of the Province. This resolution was passed by a vote of 18 to 8, there being at that period in the Legislature an element unfriendly to liberty and progress, which was content to let the Crown lands revenues remain in the hands of the Imperial authorities. In reply to this address, Sir Archibald Campbell expressed his regret that with Lord Goderich's despatch before the House, they should have placed him under the 134 Lit E AND TIMES OF necessity of derlinin^ to I'oinjtly with this HMjucHt. The lldus*! of AHHf'inhly was not tlctoncd by tlic obnoxi'diH and iinjtrojKT attitiuhi of tlic Licntcimiit G(»vcrnor in re^iid to the casual and territorial revfumes. It returned to tin; suiiject, and on motion of Mr. Sinionds, resolved that it was reasonable and proper that His Majesty should be relieved from the jtayment of the civil list of the Province, and it was necessary that information should be obtained as ';o the amount of the (Jrowii revenues, and the annual charges thereon. It was also resolved that an address be presented to His Excellency* praying that he would cause to be laid before the House an account of the rec(a])ts and ex])enditure of His Majesty's casual and all other Crown revenues levied, C(»llected, and ex]»ended in the year 18M1. Messrs, Simonds, Kinnear a!id ('handler were apjtointed a committee to wait upon the Lieutenant Governor with this address. They rejjorted his reply as follows : — '* Gentlemen, the specific and loyal pur])0ses for which information is asked in this address, respecting the amount and exjjenditure of His Majesty's casual revenue for the last year, enables me to give a willing compliance to the request of the House of Assembly, by directing the necessary documents to be laid before you." As there was nothing in the last address of the House different in any respect from its predecessors, it must be assumed that the ready compliance of the Lieutenant Governor was due to information received from England, in regard to the intentions of the British Government SIH LKONAUI) TILLKY. 13.% with res}»ect to the casual aiul tcnitoiiul revtMHic. It apjieaiXMl from tho rt'turriH then furuisliud *hat the (Jiowii land receiptH (»f tlie Vrovince for tlie year 1831 amounted to £14,!) 13 18.S. n^d., out of which was taken Xl.THl^ for the Htilary of the Surveyor (Jeneral, jCKU'.i for liis clerks, £2, THO 1,s. for the exjieuHes of jneparing and isHuinj^' |iat(Mits for lands sold ajid for tindier licenees, £1,932 lOs. 2d. f(.r survey money, and £15() for the annuity of Mr. Litckwood. The rest of the revenue went to defray the salary of the ('(;i' manag(anent, are convincd of the justice and ])ro]>riety of ndieving your Maj(!sty from the i)aynient of any ]»art of the civil list of the Province, and beg leave to 8n})mit this, their ])roj)osition, to take; uj)on themselves the jiayment of all the necessary exj)enseH of the civil government of the Province, by making such permanent and otlier grants as may be necessary for this purpose. " In making this ])ro position, the Assembly do it in the full assurance that ])revious to this measure being caiTied into (dl'ect, your Majesty will accede to the reasonable condition that all the Crown revennes levied and collected in the Province, or which may arise from the s{\le of Crown lands by your Majesty's government, SIR LK()NAkl> 'IILLEY. 137 .sliiill 1)(! j)lac«iresent system of ccdlecting the (Jrown revenues in the I'l'ovince, as they hope they have made it sulliciejitly a])parent to your Majesty ; and they there- fore beg leave to suggest for your Majesty's consideration, that for carrying the j)roposition made in tliis address into effect, they will make such ])rovision for the salaries of all ofhcers in the civil d(!])artment, as is consistent with the resources and condition of the Province, and which, in addition to the sums retjuired as a provision for the 188 LIFE AxND TIMES OF ordinary services, would leave but a small surplus of the Crown and ordinary Provincial revenues to be applied to general purposes of imi)rovement ; and in adopting here- after a scale of salaries, the Assembly are of the opinion that the sums named for each officer should be in full of all fees and emoluments of every nature and kind what- evc" ; and that the usual fees should be collected and accounted for (quarterly, and become a part of the revenues to be placed under the control of the Legislature, " The Assembly cannot think that the Crown revenues, even under a judicious and economical system of man- agement will, for a long period, be sufticiently productive to pay the annual expenses of the civil list, and they are persuaded that in a few years a large proi)ortion of those expenses must be jn'ovided for out of the ordinary revenues of the Province. "Tlie 'Assembly cannot refrain from remarking how desirable it would be that a final arrangement should be made of all ([uestions of revenue which have arisen or nnght arise between your Majesty's government and the Legislature of this Province, and they therefore most earnestly pray that your Majesty would give to this, address an early and favorable consideration." . A committee was ap])ointed to wait on the Lieutenant Governor and ask him to transmit this address to His Majesty. Sir Archibald Campbell replied that he should do so, but he would consider it his imperative duty to accompany it with such explanations as he might deem necessary, and particularly to rebut the charges made 6IK LEONARD TILLEY. i:5«> against the public depai'tments. Tims the Lieutenant Governor assumed an attitude of direct hostility to the House of Assembly in regard to this highly important matter. The Crown land difficulty was not lost sight of during the session of 1833. Early in that session, on motion of Mr. Partelow, a resolution was carried, that an humble address be presented to His Excellency, praying that he would cause to be laid before the House, at as early a date as possible, a dptailed account, showing the amount of the Crown revenues from the 1st of January, 1829, to the 1st of January, 1833, particularizing the amount received each year ; also a statement of the salaries of all the public officers })aid from the Crown revenues. To this the Lieutenant Governor rei)lied, expressing his regret that he did not consider himself authorized tf> furnish accounts emliracing a period so long ela])sed, but that he would furnish the House of Assembly with returns of the receipts and expenditures for the year 1832 as he had done for the year 1831. A day or two later a despatch from Lord Goderich was laid before the House of Assembly by the Lieutenant Governor, in which he acknowledged the receipt of their despatch, proposing to assume the expenses of the civil list of the l*rovince on the relinquishment by the Crown of the territorial revenues. The reply to this was, that His Majesty did not consider it necessary at present to call upon the House for a grant of the nature proposed, as he did not anticipate such a falling oft' of the revenue at his disposal 140 LIFE AND TIMES OV as the House a})i)eare(l to have appreheiidebell, at a later day during this session, laid before the House an account of the casual and territorial revenue for 18o2. From this account it appeared that thia-e was a balance on hand in favor of the revenue, on the 1st of January, 1832, amounting t() £4,617 12s. 8d,, and that the receijjts for the year Ijrought up tlie total to £20,421 12s. 6U\., against which warrants had been drawn for £] 1,7G4 Gs. 8d., leaving a balance of £8,657 5s. 10 id. at the er ' of the year. This account was referred to a committee, wno called attention to " the tremendous ex\n .ses attendant upon the Crown land department, the enormous salary of the Commissioner and the large amount swallowed up in the collection and l)rotection of this revenue." They expressed the opinion that under proper management an immense saving could l)e effected. The reply of the Lieutenant Governor to their address for information in regard to the Crown lands was considered by a committee of the House of Assembly, and resulted in the passing of the following series of resolution : 1. Eesolved, As the opinion of this Committee that the powers exercised by the Commissioner of Crown Lands and Forests in this Province are far greater than ought to be possessed by any subject, and that these powers have been too frequently used in a manner SIR LEONARD TILLEY. 141 exceedingly tletrimental to the general interests of this Trovince, as well as to the invasion of privatt^ rights. 2. llesolved, As tlie opinion of this Committee, that the abuse of tliese powers has disturbed that tranciuillity M'hich every subject ought to enjoy, and which can only result from a consciousness that his rights cannot be invaded with impunity by the rich and powerful. 3. Kesolved, As the opinion of this Committee, that the timber and extensive mill reserves which have been made to individuals, are highly injurious to the com- mercial prosperity of this Province, by preventing fair and honorable competition and the introduction of capital, discouraging the industry and enterprise of the lumber- men and new settlers, and creating great dissatisfaction throughout the country, 4. Resolved, As the opinion of this Committee, that the want of control by the Legislature over the Coir/uiis- sioner of Crown Lands and Forests and the revenues collected by him, and the refusal of His Excellency, the Lieutenant Governor, to furnish the Assembly with particular accounts of the receipts and expenditure of these revenues, to the extent prayed for by the House, have given just reason to believe that great abuses exist in that department. 5. Resolved, As the opinion of this Committee that the majority of the present Executive Council of the Province cannot have the confidence of the country, inas- much as the first named on the list holds the situation of Commissioner of Crown Lands and Forests in this 142 LIFE AND TIMES OF Province, an office of such great power and autliority as Tenders it inc()nii)atible with the administration of the government of the Province, to whicli such CounciUor would immediately succeed, in the event of the death or absence of the Lieutenent Governor, and that the persons second and third named on the said list hold public situations in tliis Province also inconsistent with the administration of the government, to which they might hereafter succeed ; and it is the further opinion of this Committee that the composition of the said Executive Council is highly unsatisfactory, by the exclusion there- from of old and faithful councillors who were entitled by the former Constitution to succeed to the government of the Province, prior to any of those placed on the list of the Executive Council. A Committee on Grievances consisting of Messrs. Ivinnear, Simonds, Chandler, Partelow, Taylor, Weldon and Wyer had been previously appointed for the purpose of taking into consideration and investigating all matters in connection with the Crown lands, which were the subject of complaint. After hearing the evidence of a number of witnesses and reporting to the House, this Committee prepared an address to His Majesty which recited the difficulties in connection with the Crown lauds of the Province, in very similar terms to the resolu- tion already quoted. The House resolved to send a deputation to England with the petition which had been prepared by the Committee on Grievances, and they asked the Lieutenant Governor to give to the deputation such SIR LEONARD TILLEY. 143 letters to the Secretary of the State for the colonies as would enable them with as little delay as possible to enter upon the important matters entrusted to them. Sir Archibald Campbell replied that he could not comply with the prayer in the address, and that, even if he con- sidered himself authorized to do so, the well known accessability of the Colonial Secretary would render such letters unnecessary. The deputies appointed to proceed to England and lay the j^ievances of the Province at the foot of the throne, were Charles Simonds and Edward B. Chandler, both men of wealth, influence and position, and well qualified for the performance of the work with which they were entrusted. Messrs. Chandler and Simonds arrived in England in June, 1833, and immediately placed themselves in communication with the Right Honorable E. G. Stanley, who was then Colonial Secretary. Their report was laid before the Legislature in February, 1834, and the result was highly satisfactory to the House of Assembly. A few days later a despatch from Mr. Stanley to Sir Archibald Campbell was laid before the House, in which he stated the terms on which he should feel that His Majesty might properly be advised to place the pro- ceeds of the casual and territorial revenue under the control of the Assembly of New Brunswick. He would, he said, be prepared to advise His Majesty to accept a permanent appropriation by the Legislature, duly secured, to the amount of £14,000 per annum, and that the Crown should undertake to charge on any such permanent grant the salaries of the Lieutenant Governor, his Private 144 LIFE AND TIMES OF Secretary, the Coiiiinis.sioner of (Jrown Lands, rrovincial Secretary, Chief rfustice, three puisne Judj^'es, the Attor- ney General, Auditor, Receiver (General, the expenses of the indoor establislinient of the Crown Land department, and a grant of £1,000 to the College. It would be necessary, Mr. Stanley stated, that any bill passed in consequence of the proposal contained in this despatch, should contain a suspending clause in order that it might be submitted to His Majesty before it was finally assented to. It was also stated, in order to prevent misunder- standing or delay, that the House should be apprised that, unless some other fully equivalent and sufficient security could be devised, it would be expected that the act should provide that the stipulated annual commutation should be payable out of the first receipts in each year, and that in case of any default in such payment that the whole of the revenue surrendered should revert to the Crown. A Committee was appointed to prepare the bill on the sub- ject of the surrender, by His Majesty, of his casual and territorial revenues of the Province. The House of Assembly had previously passed a resolution that the sum of £14,000, required by His Majesty's government as a permanent grant for the surrender of the casual and territorial revenues of the Province, was greater than the charges contemplated to be thereon required, yet that the great desire of the House of Assembly to have this important subject finally settled, should induce them to accept the proposal contained in Mr. Stanley's despatch. On the day after this a resolution was passed and a SIR LKONAKl) TILI.KY. 145 Conimittet' a])}»i)iiit(.'(l ; the Lieutmmnt Governor eomiriu- nieated to tlie House of Assembly an extract fnjiii a (les]»atcli, received tlie ])reviou,s day by him from the Kight Hoiiorabh^ Mr. Stanley, dated the 4th January, 1834. This extract was as follows : " In your message communicating^ to the Assembly the proposal contained in my despatch of the 30th Sei)tember, you will take care distinctly to explain that the payments expected from the New lirunswick Land Company are not included in the revenue which is offered to the accept- ance of the Assenddy." It is with great regret that an historian of this period must record the receii»t of such a despatch from an Imperial head of dej)artment to a Colonial Governor, for the spirit displayed in the message was not that of an enlightened statesman, but such as might have been expected from a peddler, or an old clothesman, who was endeavoring to drive the hardest possible bargain with the Province of New Brunswick, and to grind down the House of Assembly as much as possible, in order that a number of bloated officials, swollen with pride and enjoying enormous salaries, might not suffer. A few days after the receipt of this despatch a resolu- tion was passed by the House in Committee, regretting that the additional condition contained in Mr. Stanley's last despatch would prevent the Committee recommending to the House further action in the matter of preparing a civil list bill. Thus ended the attempt to settle this vexed question in the year 1834. The House of Assem- 146 LIFE AND TIMES OE bly, liowever, still continued to iij^itate the matter, and to make Sir Archibald Campbell's life a burden to liini. On the 7th IMarch they addressed him, askinj^ for accouuta in detail of the casual and territorial revenues, and calling for a number of statements which they had not received except in such a sha])e that they could not be properly understood. They also addressed His Excellency, request- ing him to lay befort; them copies of idl official despatches transmitted to him by the Secretary of State for the Colonies since he assumed the administration of the government, relating to the subject of the casual and territorial revenues. The reply of His Excellency to the request for more detailed accounts was a courteous one ; but while he consented to furnish the accounts reciuested in detail, it was with the understanding that his compli- ance was not to be considered as a precedent. He declined, however, to give the names of the parties who had their timber seized or forfeited, or the names of the petitioners for Crown land. He also refused to furnish the accounts of the Receiver General and Commissioner of Crown Lands on the ground that they were accounts exclusively between these ofticers and the Crown. With regard to the request for his correspondence with the Colonial Secretary, Sir Archibald Campbell, in another message, gave a tart refusal, stating that such a request was subversive of the principles and spirit of the British Constitution, and that he would ill deserve the confidence put in him by His Majesty were he to hesi- tate in meeting so dangerous an encroachment, not only 8IK LEONAlil) TILLKY. 147 Oil the independence of the Executive, but the prero;j;u- tives of the British Crown, with a most decided and uiKjualitied refusal. Tliis old military tyrant con.sidered hiin.self a ])roi)er exi)Oiient of the principles and spirit of the liritish Constitution. Ke failed to understand that the British Constitution rests U])on the siij>port of the ])eople, while his system of government was intended to ignore the peo])le altogether. A few days after the receipt of this message, a resolu- tion was passed by the House of Assembly, declaring that the language used by the Lieutenant Governor, in his reply to the address of the House, was at variance with all Parliamentary precedent and usage, and such as was not called forth by the address. Some of the Governor's friends attem})ted to weaken the force of this resolution by an amendment of a milder nature, but their amend- ment was defeated, and the resolution carried by a vote of 15 to 8. Another address on the su])ject of the casual and territorial revenues and civil list was prepared and passed by the Assembly for the i)ur])Ose of being forwarded to His Majesty. It recited the proceedings in regard to the matter which had taken place already, and the desire of the House of Assembly to accept the proposition contained in Mr. Stanley's despatch, and expressed the regret of the House at the new condition imposed with regard to the New Brunswick Land Com- pany, which made it impossible to accept the settlement as amended. The House concluded by expressing the hope that the terms proposed in the original despatch 148 LIFK AND TIMK8 OF miglit yet be conHidcicd definitive, iind tliiit the ]»rovis(> with regard to the New nninswick Luiid ('()in]iiiiiy iiiiglit bo witlidriiwii. This was transmitted to 'Mi^dand ; l)ut bef(»re the year eiuled Sir Areliihald ('iunplu'll concluded to rid hiinscdf of the House of AsHeinbly, wliich liuil given him so much annttyance, and accordingly it was dissolved early in November, so that when the Ltfgislaturo met again in .lanuary, IH.S.I, the House of Assembly was a new one, although largely com])Osed of the ohl mem- bers. The answer to the address of the House to the King of the previous session was not Liid before the House of Assembly until that body had been sitting about a month. It consisted of an extract from a despatch of the Earl of Aberdeen, dated Downing street, 24th Decem- ber, 1834. This despatch is so curious a document tliat it is well worth being quoted. The portion of it laid before the House of Assembly was as follows : " 1 have had under my serious consideration your despatch No. 17, of the 24th March last, accom])anied by an address to His Majesty from the House of Asseml)ly, respecting the recent offer which has been made to them of the proceeds of the Crow n revenues in New Brunswick. "From various parts of the address I infer that the proposal conveyed to the Assembly, through my predecessors, must have been misapprehended in more than one important particular; and I have especially remarked the erroneous assumption that, in offering to surrender the proceeds of the Crown lands, it was intended also to give up their management, 81 K I. ICON. Mil) TIM.I:Y. 149 and to i»la(H' tliciii tinder the control of tlu' Lcj^'islature. "From the cour.so of tludr pre K'uet line's, as wtdl us the tiinor of the jtresent ex))r('SHion of tlicir scntinicnls, tht; AsMunihly must be understood to coiisifh!!" it un indisjien- Huhhi condition tliiit tho jiaynients of tlie Land (Company ahould be ('()ni])ris(Ml ann)n<,' tlie objects to bi; surrendered to them. This is a condition to whicli His Majesty's government cannot aj^ree. His Majesty's government would also be unable to recognize the interjn-etation which was ])la('ed on their former otter, so far as regiirds the control over the hinds belonging to the Crown in New Hrunswick. I'nder these circumstances I can only desire you to convey to the Assembly His Majesty's regrets that the objects of their address cannot be complied with; und adverting to the wide diiVerence between the views entertained by the government and those manifested by the Assembly on this subject, it seems to me that no advantage could be antici]>ated from making any further ]»roposal8 at present respecting the cession of the terri- torial revenue." This despatch, which brought a sudden close to the negotiations with regard to the casual and territorial revenues of the Province, did not emanate from the government with which the House of Assembly had been previously negotiating, but from a new administration whicli had just been formed under the premiership of Sir Kobert Peel, and hich lasted just one hundred and thirteen days. The creation of this administration was due to the action of King William IV., in dismissing his 150 LIFE AND TIMES OF advisers on the death of Earl Gray. The King had grown to detest his Cabinet for their reforming spirit, but fortunately for Great Britain and for New Brunswick, the King's designs were thwarted by the failure of Sir Itobert Peel to form an administration caj)able of facing the House of Commons. As a consequence, Viscount Melbourne became premier, and a renewal of the negotiations with the government in regard to the casual and territorial revenues was rendered possible, During the same session that this despatch was received, another address was prepared by the House of Assembly, to be laid before His Majesty, on the subject of the casual and territorial revenues. In this address the grievances with regard to the management of the Crown Lands of New J^runswick were recited, and the wilhngness of the Legis- lature to provide for the civil establishment of the Province was stated. The address urged the benefits that would result to the people of New Brunswick by placing the net proceeds of the Crown land revenues under the control of the Legislature. Attached to this address was a schedule of salaries paid out of the casual and territorial revenues, amounting in all to £10,500 currency. The address was transmitted to the Governor to be forwarded to His Majesty. This session was remarkable from the fact that it closed without the passage of any appropriation bill. This was due to the action of the Legislative Council, who rejected the appropriation bill, because it did not contain any provision for the payment of the expenses of the President !riating the funds of the Province should be inaugurated. This brought up a discussion in the Legislature during the session of 1842 in regard to the jn'opriety of adopting the principle of placing the initiation of money grants in the Executive Council. Mr. L. A. Wilmot moved a resolu- tion in a committee of the whole House tliat no appro- priation of })ublic money should be made at any future session in supply, for any purpose whatever, until there be a particular account of the income and expenditure of the previous year, to^f^ether with an estimate of the sums required to be expended, as well for ordinary as extra- ordinary services, respectively, and also a particular estimate of the principal amount of Eevenue for the en- suing year. To this an amendment was moved by Mr. Partelow as follows: "Whereas the present mode of appropriation, tested by an experience of more than fifty years, has nut only given satisfaction to the people of this Province, but repeatedly attracted the deserved approba- tion of the Colonial' Ministers, as securing its constitu- SIR LEONARD TILLEY. 15}» tional position to every branch of the Legishiture ; there- fore resolved, as the opinion of this committee, that it is not expedient to make any alteration in the same." This amendment was carried by a vote of 18 to 12, the minor- ity including Mr, Charles Fisher of York, who afterwards became prominent as a reformer and did good service to the cause of liberalism in connection with his colleague, Mr. L. A. Wilniot. Such an amendment as that passed by the House of Assembly of New Urunswick in 1(S42 would now only be an object of ridicule, because as a matter of fact the financial condition of the Province showed that the system of appropriation which prevailed was based on false principles, while the approval of the Colonial Ministers, of which so much account was made, had been equally extended to the most illiberal features of the constitution. There was, however, some excuse for the reluctance of th«i members of the House of Assembly to surrender the initiation of money votes to the Executive, because the Executive of that day was not a body properly under the control of the Legislature, or in sympathy with the people. The .session of 1842 terminated the existence 'of the twelfth Legislature of New Brunswick, and a geueral election was held in JJecember, 1842. At this election the question of Responsible Government, which was the terra applied to the new system, was a prominent factor in determining the fate of the candidates. On the hust- ings all the aspirants for the Legislature were expected to give their views on this important matter, but the MO LIFE AND TIMES OF I'oHult of tlu! L'loctioii showed tliaL llu; pithlic niiiu! was in ft very uiisettlwl ooiidition in n^gard to it. For tliu city of St. .lohii, Mr. li. K. Hazini, wlio wa.s certainly not a person who favored licspoiisibk; Government, and Mr. W. II. Street, who favored tlie initiation of iiioiiev grants ln'ing phieed in thi; I'lxeentivi!, were elected. The suc- cessfnl candichites for the County were Mr. .lolm It. Partehrw, wh(» wus wholly o()]tosed to any change in the Constitution, Mr. liobert I'aine, Mr. dohn dordan, and the Hon. CUuirles Sinionds. The three latter were in favor of llesi»onsihle (Jovernnient, so that the voice of St. John in regard to this vital and im])orlant jjolitical ques- tion was divided. In York County two anti-reformers, Messrs. Allen and Taylor, and the two great reformers of the Legislature, Mv. L. A. Wilmot and Charles Fisher, were elected, but the anti-reformers led the poll. When the House of Assembly met on the last day of January, 1843, it was seen that the friends of Responsible Govern- ment were still in the minority, and Mr. John W. Weldon, as a representative of the old system, was elected speaker without any opposition. Still the friends of reform bi'ought up the subject of the appropriation of the public monies by a resolution which sought to fix the resi)onsibility of the expenditures on the Government. This was met by an amendment, moved by Mr. J. W. Weldon, that the House would not surrender the initia- tion of the money votes. The amendment was carried by a vote of 24 to 7, which showed that the friends of reform had still much leeway to make up before they could hope to impress their views upon the Legislature. SIR LEONARD TILLEY. 161 As it was hopeless to expect that the House of Assem- bly, as thus constituted, would vote in favor of the trans- fer of the initiation of money grants to the Executive, the subject does not seem to have been discussed again during the remainder of its term ; but by the operation of the Quadrennial Act, which came in force in 1846, a new House was elected in that year, and at the first session of this House, held early in 1847, Mr. Fisher again brought forward resolutions requiring the Govern- ment to prepare and bring before the Legislature such measures as might be required for the development of the provincial resources and the general advancement of the public interests. The debate on this resolution assumed the character of an attack on the Government, and the resolution was treated as one of want of confidence and defeated, the vote being 23 to 12. In the following year there was another discussion on the initiation of money grants, arising out of a despatch which had been received from Earl Grey, then Colonial Minister, in which he referred to the laxity of the system by which money was voted in the New Brunswick Legislature without any estimate, and sug- gested that the initiation of money gi'ants should be surrendered to the Executive. This proposal was fiercely opposed and all the forces of ancient Toryism were rallied against it, one member from Queens County, Mr. Thomas Gilbert, going so far as to apply to the advocacy of the old rotten system the soul-stimng words contained in Nelson's last signal at lei LIFE AND TIMES OF Trafalgar, "England expects that every man this day will do his duty." Finally the following resolution, which was moved hy Mr. Fisher, was carried by a vote of 24 to 11: — "Resolved, as the opinion of this committee, that the House should approve of the principles of Colonial Government contained in the despatch of the Eight Honorable Earl Grev, Her Majesty's princi})al Secretary of State for the Colonies, of the 31st Mari-h, 1847, and for their upjdication to this Province." This resolution was the first unecjuivocal admission by botli parties that Res})onsible Government had obtained a foot- hold in New Brunswick. The passage of this resolution, however, made no difference in the practice of the Gov- ernment during the term of the Legislature elected in 1846, and it was not until the year 1851, after the subject of this biogiaphy had become a member of the Legisla- ture, that a resolution was finally carried in the House of Assembly in favor of surrendering the initiation of money grants into the hands of the Executive Govern- ment. The arrangement by which the Elxecutive and Legis- lative Councils were separated, which came in force in 1833, although it was a decided improvement on the old state of affairs, did not produce universal satisfaction. The constitution of the Legislative Council was complained of, and it was described as an obstructive body which disregarded the wishes of the people. The complaints against the Legislative Council that the House of Assem- bly had to make were embodied in an address to the BIH LEONARD TILLEY. 163 Queen, whicli was pii.ssod at the session of 1841?. In this address it was stated that in the oj)inion of the House the Legislative Council should be composed of persons not only rej)reseutiiig all tlu; leading interests of the Province, but so indejiendent in respect to property and so free from the oflicial control, as to form a constitu- tional check on the Executive as well as a branch of the Legislature. Although by ^the laws that existed then members of ^'.e Assembly were required to be possessed of real estate to the value of £300, over and above all encumbrance, there was no proj)erty ({ualification what- ever recpiired for members of the Legislative Council, The address of the House exi)ressed the opinion that members of the Council should be required to possess a certain amount of real estate, and that their seats should be vacant on the loss of this ([ualiHcation, or on their being bankrupt or a ])ublic defuultei', or from neglect to give their attendance for a given time witlujut leave of the Lieutenant Governor. The address also stated that the constitution of the Legislative Council was defective and objectionable in other respects, because of the eighteen members who composed it a great proportion held offices at the pleasure of the Crown, and the principal ofhcers of the Government usually formed a majority of the mem- bers present. It was also complained that members of the Church of England had too great a preponderance in the Council, the only members not of that communion being one Presbyterian and one Bajitist, while there was not a single member in the Council who, in the opinion 164 LIFE AND TIMES OF of the House, could be classed as a reformer. At the next session of the Legislature despatches were laid before the House of Assembly in which it was stated that the Council would be increased in number to twenty-one, and four new members of the Council were to be appointed. The new members then appointed were T. H. Peters, Admiral Owen, William Crane and George Minchin, while the Honorable Thomas Baillie, the Surveyor General, the Honorable Mr. Lee, the Receiver General, the Honorable Mr. Allanshaw, of St. Andrews, and the Honorable Harry Peters, of Gagetown, retired from the body. No doubt the retirement of two officials who received large salaries was some improvement, but the Council required much remodelling before it could be said to be an efficient body, or one in sympathy with the inhabitants of the Province. The Legislative Council has now ceased to exist and it may be said of it that it was never a very satisfactory body for legislative purposes. Perhaps the original composition of it created a prejudice against Legislative Councils so as to hamper its activities, and ^rom having been at first merely the echo of the wishes of the Governor, it became latterly, to a large extent, the e 3ho of the wishes of the Gc rnment. Gradually it became relieved of its official members and in its latter years no head of a department ever occupied a seat in the Legisla- tive Council, for it was thought, and rightly, that the power ought to be in the House where the responsibility to the people was most felt, and that it was not wise to SIR LEONARD TILLEY. 165 place a departmental official, whose dejiartment expended large suras of money, in a body which properly had no control over the public exf .i^'ture. The Legislative Council had undoubtedly from t .le to time many able and useful members, and at certain periods in the history of the Province, particularly during the confederation discussions, it took a firm stand in favor of measures wliich seemed essential to the prosperity of the British North American Provinces. No one can deny that at that time it exercised an authority fully ecjual to that of the lower House, but it cannot be doubted that sonie of this work was done at the expense of the proper balance of the constitution. Such an exercise of unusual authority on the part of a body not elected by the people may serve the purpose at a particular crisis, but cannot be commended, and if frecjuently repeated would end in the destruction of the constitution. The Legislative Council lost a considerable proportion of its able men at the time of confederation by the removal of twelve of its members to the Senate of Canada, although one or two remained with it who were not inferior to any of those who then took their de])arture. The new members who came in as their successors were naturally inferior to the old in practical experience and ability, and this had no doubt an influence on the future of the House. The example of Or'^ario, which was able to conduct its affairs with one Houbt , showed that two independent branches of the Legislature were by no means necessary, and that the Council might be abolished with safety. No doubt 166 LIFE AND TIMES OF it was difficult to bring this about among a people who had been trained to believe that there was something essential to legislation in the balance of king, lords and commons making up one legislative body. But in the course of time people began to think that the Council was not exactly the proper representative of the House of Lords, and the Lieutenant Governor was very far from standing in the position of a king. Old prejudices in favor of a constitution framed after a particular model are difficult to remove, but in tho case of New Brunswick these prejudices have been finally overcome, and it is safe to say that in the course of time all the provincial legis- latures of Canada will consist of but a single chamber. It is equally sa^e to assert that under the new system the work of legislation will be as well or better done than it was under the old. It has been already stated that the Governor of the Province made such appointments to office as he pleased, usually without the advice of his Council. He was sup- posed to have power to do this as the representative of Her Majesty, and in the exercise of what was termed the Royal Prerogative, In this way persons were frecjuently appointed to offices who were not residents of the Prov- ince, and in all other cases appointments were given to the members of certain favored families. In 1834 a vacancy was created on the Supreme Court Bench by the death of Chief Justice Saunders. Ward Chipman was appointed Chief Justice in place of Mr. Saunders, and the vacant puisne judgeship was given to James Carter, SIR LEONARD TILLEY. 167 who afterwards became Chief Justice of the Province. James Carter was a young Englishman and was certainly no better qualified to fill the position of judge that many natives of the Province, so that it was undoubtedly a gross insult to the members of the New Brunswick bar to give such an appointment to a stranger. Yet so slow was public opinion to make itself felt in regard to the evil of the appointing power being given to the Governor without ({ualification, that ten years later the House of Assembly presented an address to Sir Charles Metcalf, Governor General of Canada, expressing the high sense entertained by them as representatives of the people of New Brunswick, of the "constitutional stand" taken by him in maintaining the Prerogative of the Crown in the then recent memorable conflict. The city of St. John also, to show its loyalty, jiresented a similar address, and one signed by one thousand persons was sent from the County of York. Yet nothing can be more clear than that the stand taken by Sir Charles Metcalf was wholly wKuig, for it consisted in refusing to consult with his Council in regard to appointments, and in making appointments con- trary to their advice. What would the people of Canada say to-day to a Governor General who insisted on ap- pointing men to offices against the advice of his Cabinet ? Yet it was for doing this that the New Brunswick House of Assembly, the City and County of St. John and the County of York actually grovelled in the dust before this despotic Governor, thus approving of all his detestable acts. Such abasement and subserviency to an unconsti- 168 LIFE AND TIMES OF tutional Governor was certain to Iniug its own punish- ment, and it came much sooner than any one could have anticipated. On Christmas day of the same year the Hon. William Franklin Odell, who had been Provincial Secretary for thirty -two years, died at Fredericton. Mr. Odell's father had been Secretary before him from the foundation of the Province, so that the Odell family had held that important and highly lucrative office for sixty years. The Governor at this time was Sir William Colebrooke, and on the 1st of January, 1845, just one week after the death of Mr. Odell, he appointed his son-in-law, Alfred Eeade, who was a native of Eni>land and a stranger to the Province, to the vacant office. The gentlemen who had been most prominent in shouting their approval of the " constitutional stand" taken by Sir Charles Metcalf now suddenly discovered that Sir William Colebrooke's conduct in making this appointment, without consulting his Council, was a fearful outrage, and their distress was pitiable to behold. Several members of the Government, including such strong upholders of the Prerogative as the Hon. Robert L. Hazen, of St. John, at once resigned their positions. A communication from three of them, Hugh Johnson, E. B. Chandler and R. L. Hazen, addressed to His Excellency, gave as their reasons for resigning that they could not justify the exercise of the Prerogative of the Crown in respect to Mr. Reade's appointment, because they felt that the "elevation to the highest offices of trust and emolument of individuals whose character, services SIR LEONARD TILLEY. 169 and claims to preferment, however appreciated elsewliere, are entirely unknown to the country generally, is preju- dicial to the best interests of the Province." They did not, however, make it a ground of objection that the appointment of Mr. Reade was forwarded for the royal approbation without the advice or concurrence of the Council. These gentlemen evidently thought it was too early for them to eat the words in regard to the Preroga- tive of the Crown of which they had been so free a few months before, but they showed their true character by deserting the Governor because he had been foolish enough to believe that their profuse expressions in favor of the Eoyal Prerogative were sincere. Hon. L. A. Wilmot, who also resigned, sent a separate communication to the Lieutenant Governor, in which he stated that such appointments should be given to inhab- itants of the Province and not to a comparative stranger and a transient person like Mr. Reade. He also expressed the opinion that the principles of Responsible Government should be put in operation in New Brunswick, and that the Provincial Secretary should be brought into the Ex- ecutive 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. When the House met, in the latter part of January, the Reade appointment immediately became the subject of discussion, and by the vote of 24 to 6, an address was passed to Her Majesty the Queen, cor nning the appointment, not, as the members said, because they ques- 170 LIFE AND TIMES OF tioned "in the remotest degree the Prerogative in its undoubted right to make such appointments," but because they thought that the right of appointment had been improperly or unjustly exercised. In other words the members of the House of Assembly surrendered the principle that appointments should be made by the Governor, with the advice of his Executive, and only objected to the Reade appointment because in their opinion some one else should have been chosen. It is easy to see that in subscribing to tliis address the mem- bers of the House stultified tliemselves, and cut the ground from under their feet ; for if it was a part of the Prerogative of the Crown to make appointments without the advice of the Council, surely the exercise of that prerogative in the appointment of a particular individual could not be fairly questioned. The result of the diffi- culty, however, was the cancelling of Mr. Reade's appointment by the home government. This decision was communicated to the House of Assembly by message on the 3rd of February, 1846. The despatch from the Colonial office, upon which the Lieutenant Governor acted, was written on the 31st of March, 1845, and must have been received by him at Fredericton not later , than the last of April. But notwithstanding this des- patch Mr. Reade held office until the 17th of July, so it will be seen that Sir William Colebrooke was in no hurry to carry out the wishes of the home government. Lord Stanley, the writer of the despatch in question, expressed the opinion that public employment should be bestowed SIR LEONARD TILLEY. 171 on the natives or settled inhabitants of the Province, and he thought that Mr. Reade did not come under this description. He closed his despatch with the following singular statement : " I observe with satisfaction that the House of Assembly have not only abstained from complicating the subject with any abstract questions of government, but have rejected every proposal for laying down formal principles upon such questions. The House has, I think, in this course done justice to the earnest desire of Her Majesty, that the Colonial administration generally should be conducted in harmony with the wishes of her people, whatever may be the variations arising out of local considerations and the state of society in various Colonies, subject to which that principle may be carried into practice ; and it is anxiously hoped that the same wise forbearance which has led the House of Assembly to decline the unnecessary discussion of sub- jects of so much delicacy, may lead them also to regard the practical decision now announced as the final close of the controversy, and to unite in the promotion, not of objects of party strife and rivalry, but of the more sub- stantial and enduring interests of the Colony which they represent." If these words have any meaning they seem to show that at that date the British Government believed the right of appointment to be in the Crown, without reference to the Council, and that they were unwilling any general principle should be laid down by the Legis- ture of the Province which conflicted with this view. Even so late as the year 1851 the Colonial Secretary 172 LIFE AND TIMES OF ordered the Lieutenant Governor to appoint Mr. Justice Carter to be Chief Justice of the Province and Mr. L. A. Wilmot a puisne judge, without any reference whatever to the wishes of tlie Council on the subject, and this order was obeyed. Such an easy acquiescence in claims which could not be defended on constitutional grounds showed that even at the period when Mr. Tilley entered public life neither the British (jovernment nor the j)eople of this Province had grasped the true meaning of the con- stitution which was supposed to be in force in the Province. It was absurd to pretend that Responsible Government really existed in New Brunswick, if the Crown could make ap])ointments to the most important offices on its mere motion, and without consulting the wishes of the people or their representatives. There were many people in New Brunswick at that time who had been ready to support constitutional improvements which directly affected their own interests, but who became very lukewarm advocates for reform when this sj)ur to their activity was removed. They desired changes in the law relative to matters which directly touched themselves, but with respect to constitu- tional questions which were of more general interest, they held sometimes very conservative views. We can trace in tlie old system of family compact elements and conditions which afterwards arose in this Province and affected its politics. New Brunswick has always been slow to adopt constitutional changes, even when these changes were based on sound principles, and there has SIR LEONARD TILLEY. 173 often been a great disposition on the part of our jteople to judge the merits of a question rather by its effect upon individuals than by its relation to the public interests. No person who has studied the political history of this Province in recent times will deny that this spirit still j)revail8, and it is one which has a continual tendency to make our people backward in political matters. Yet it is difficult now to understand how the people of New Brunswick so long endured the system by which they were governed, where a few powerful families controlled all the offices and all the influence, and legislated largely to suit themselves. Such a state of affaire could only have been tolerated by persons who had been trained to regard these influential families as their political superiors, and to accept with meekness whatever they might choose to impose upon them. I have now traced step by step the progress of the principal reforms in the constitution of this Province which were brought about between the year 1818, when Mr. Tilley was born, and 1850, when he became a mem- ber of the Legislature. These reforms were not brought about suddenly, nor we: -^ they achieved without difficulty, for there is in the human mind a strong inclination to cling to old customs and to old methods in politics as in other matters, which in itself is sufficient to prevent the accomplishment of any great change at once. This conservative spirit was very powerful in New Bruns- wick, and there were large classes of people w:thin the Province to whom all changes were objectionable, 174 LIFE AND TlMEti OF because they had a strong interest in permitting matters to remain as they were. Under these circumstances, and considering that thest; ju'ople luid the ear of the Colonial office, we need not be so much surprised that the changes were resisted so long, as that they were at length accom- plished. The British Government, naturally conservative in its views, and paying but little heed to the Colonies, notwithstanding the lessons furnished by the revolution which separated the thirteen colonies from the mother country, was not disposed to proceed fast in the work of reform when so large a class in the colonies were so firmly opposed to all reform. Tlius the Liberals who sought to bring about a better state of affairs were on every side surrounded with difficulties, and their work could never have l)een accomjdished successfully had it not been that the other Colonies of the British empire were at the same time struggling for similar changes, and pressing upon the l>ritish government those reforms in the Colonial system which were necessary to make the Provincial (fovernments popular and efficient. Hav- ing thus cleared the ground for the main feature of the story, and explained the condition of the Province at the time of his entrance into public life, the hour has come in which to bring the man himself upon the stage, and hereafter the story of political progress in this Province will be the story of Mr. Tilley's own life. SIR LEONARD TILLEY. 175 CIIAPTEK VI. In tlie United States, and particularly in the New England States, the fact that a man's ancestors came over in the " Mayflower " is regarded as almost as clear a proof of good family as in England the legend that the head of a family came over with William the Conqueror. To have heen descended from one of the earliest English settlers of this continent is certainly a distinction, and at all events stam])s the wearer of it as being an American to the fullest extent, and one "to the manner born." This distinction Sir Leonard Tilley enjoys, for among those who came over in the "Mayflower " in 1G20, and landed at Plymouth, were two brothers, Edward and John Tilley. History does not preserve any very full record of these two persons, because they both died at an early ])eriod in the settlement of the Colony. But there is no doubt that Sir Leonard Tilley is a lineal descendant of John Tilley, who came over in company with Winslow, P)rewster and Miles Standish two hundred and seventy-three years ago. The origin of the Tilley family is ])rol)ably to be found in France or Germany, there having been several eminent IMAGE EVALUATION TEST TARGET (MT-3) 5< // v V] 1.0 I.I 1.25 ■1° 1^ m 2.2 ■u ■-)<, 11111^= 2.0 1.8 1.4 ill 1.6 7 o;^ ^ M 176 LIFE AND TIMES OF persons of that name on the continent of Europe. This, however, is a matter which I leave to the antiquarian, and which does not greatly concern the present history. The great grandfather of Sir Leonard Tilley was Samuel Tilley, who was a farmer on Long Island at the time of the Revolutionary war. His farm was then within the boundaries of the present city of Brooklyn, and the curi- ous in such matters can find the very lot upon which he resided laid down upon some of the ancient maps of that locality. At the time the British occupied Long Island, after the battle which took place there in the autumn of 1776 and the defeat of the Americans, the Brooklyn farmers were called upon to provide cattle for the susten- ance of the troops. Samuel Tilley, being a loyal man and a friend of the government complied, and for this he was made the subject of an attack by the disloyal element among his neighbors, and in the course of time was compelled to seek shelter within the British lines. The occupation of Long Island by the British during the whole period of the war made it secure enough for Samuel Tilley, as well as for loyal men who lived in the vicinity of Brooklyn, but when the war was over it became necessary for him to seek shelter in Nova Scotia, the acts of confiscation and banishment against the Loyalists being of the most severe character. Samuel Tilley came to this Province in the spring fleet, which arrived in St. John in May, 1783, and was a grantee of Parrtown. He erected a house and store on King street, on the south side, just to the east of Germain, on the lot now occupied SIR LEONARD TILLEY. l?7 by the store of George Robertson & Co., and there com- menced a business which he continued for several years. He died at St. John in the year 1815. His wife was Elizabeth Morgan, who survived him for many years and died in the North end in 1835, aged eighty-four years. Sir Leonard Tilley was not born when his great grand- father died, but has a clear recollection of his great gi'andraother, who lived for about four years after he came to reside at St. John. James Tilley, the grandfather of Sir Leonard, was also a grantee of Parrtown, he having purchased for a trifling sum when a boy a lot on Princess street, which had been drawn by some person who was anxious to dispose of it. This lot, after lying uncared for and unthought of for a great many years, was finally sold to the late Charles Patton for the sum of $400, and the house in which he died, erected after the great fire, is built upon it. James Tilley was a resident of Sunbury County and a magistrate there for a great many years, dying in the year 1851. Sir Leonard Tilley's father, Thomas Morgan Tilley, was born in 1790, and served his time with Israel Gove, who was a house joiner and builder. lie spent his early days as a lumberman getting out ship timber, his operations being carried on mainly at Tautiwanty, in the rear of Upper Gagetown. He afterwards went into business at Gagetown and kept a store there up to the time of his death, which took place in 1870. Sir Leonard's grand- mother, on his father's side, was Mary Chase, of the Chase family of Massachusetts, she having come from 178 LIFE AND TIMES OF Freetown, in that state. Sir Leonard's mother was Susan Ann Peters, daugliter of William Peters, who was for many years a prominent farmer in Queens County, and a member of the Legislative Assembly. William Peters owned a large property and had one of the finest tracts of land possessed by any man in the Province in his day. But he was unwise enough to sell it for the purpose of obtaining money with which to enter into lumbering with William Wilmot, the fatlier of the late Governor Wilmot, and being unsuccessful in his operations, his whole fortune was swept away. The ancestors of William Peters were from New York state, from which they came with the rest of the Loyalists in 1783. The future Finance Minister of Canada and Governor of New- Brunswick was born at Gagetown in May, 1818, in the house to which his father had removed after his marriage to Susan Ann Peters in 1817. This house is now Simpson's Hotel. It was originally built by a Dr. Stickles, a German who settled in Gagetown soon after the Loyalist immigration, and who resided in it for some years. It was purchased from Dr. Stickles by Samuel TiUey, the great grandfather of Sir Leonard, and sold by him to his father, Thomas Morgan Tilley, together with the three acres of land attached to it. Gagetown was at that period and still is, one of the most beautiful coun- try places in New Brunswick, for the river St. John flows in front of it and Gagetown Creek, which is almost as wide as the river, laves its shores. The land in the vicinity is fertile and productive, and fine old trees line SIR LEONARD TILLEY. 179 the streets, giving an air of beauty and refinement to the locality. Not many facts in connection with Sir Leonard Tilley's infancy are preserved, nor would they be of much interest to the reader of a political biography. It ia proper, however, to meiition that he was named after his uncle, Samuel Leonard Peters, and that llie latter was named after an PiUglisli school master named Samuel Leonard, who was a great favorite with William Peters, the grandfather of the subject of this biogra})hy. Samuel Leonard, after leaving Gagetown, appears to have removed to Nova Scotia, and i)robably died in that Province. When Sir Leonard was five years old he commenced going to the Madras school in Gagetown, of which Samuel Babbitt was teacher. He attended this school from 1823 until 1827, when the Grammar school was started in Gagetown. The Madras school system was at that time in high favor with the people of the Province, and these schools received large grants from the government, it being thought that this system was more advantageous than any other for the instruction of youth. This idea, however, did not prove to be universally correct, for in the course of a few years we find the Legislature declaring that while they believed the Madras system suitable to towns and populous places, it did not answer so well in rural districts. Samuel Babbitt, the teacher of the Madras school, was an uncle of Samuel Babbitt, who was afterwards cashier of the Peoples Bank, and whom many of our citizens remember. Samuel Babbitt, the elder, was Clerk of the Parish, and according to the 180 LIFE AND TIMES OF custom of that day, led the responses in cliurch. The rector of Gagetown at this period was Rev. Samuel Clark. The teacher of the Grammar school to which Sir Leonard Tilley went from 1827 to 1831 was William Jenkins, a graduate of Dublin University. He was an uncle of Dr. Hea, who was for a short period president of the University of New Brunswick. Jenkins was a very severe man, and believed in the doctrine that he who spares the rod spoils the child, and Sir Leonard has a very vivid recollection of the vigor with which he applied the birch. He removed from Gagetown shortly after the year 1831, and took up his residence in Quebec, where he conducted a large school for many years, dying about the year 1863. Sir Leonard, after he had become a well known political character and a member of the govern- ment of New Brunswick, had the pleasure of paying him a visit some time in the year 1858. Among the boys who were with young Tilley at the Grammar school were Dr. George Peters, H. S. Peters, Edward Peters and Dr. Murray Peters, sons of the then Attorney General of this Province ; the Rev. James Disbrow and Robert Disbrow, sons of Noah Disbrow ; Dr. Harry Peters, son of the late Hon. Harry Peters ; also Richard and Nelson DeVeber, sons of L. H. DeVeber and Gabriel DeVeber, son of the late Sheriff DeVeber. There were also Robertson Bayard, LeBaron Drury, Thomas Hanford, Rev. H. Jarvis and Gustavus Jarvis. All these mentioned above are now dead. Among the living persons who went to Gagetown Grammar school at that time were Henry, Thomas and SIR LEONARD TILLEY. IM James Gilbert, sons of Henry Gilbert, Dr. William Bay- ard, of this city, and John Emery Doe, of Portland, Maine who is now about eighty years of age, and who was then tlie oldest boy in the school. An interesting incident occurred in 1 827, at the time young Tilley commenced to attend the Gramnuir school. Sir Howard Douglas, who was then Governor of New Brunswick, paid a visit to Gagetown, and was the guest of Colonel Harry Peters^ then the Speaker of the House of Assembly. While the Governor and his host weve walking through Gagetown they met young Tilley and a son of Harry Peters return- ing from school, and the boys were introduced to His Excellency, who presented each of them with a Spanish quarter dollar. Sir Leonard can still remember as well as if it had taken place yesterday the appearance of Sir Howard Douglas, dressed in a blue coat and brass buttons, a tine, erect looking gentleman, with a pleasant face and a kindly smile. Little thought the then Governor of New Brunswick that the boy to whom he was speaking, a lad of nine years of age, would fifty years later, Sit in his own chair in the Government House. Young Tilley was not one of those home staying youths who was likely to be satisfied to reside all his life in Gagetown. Other boys of less ambition might be content to settle down on the farm and to fulfil their destinies within the comparatively limited sphere of action which that little town in Queens County afforded, but Samuel Leonard Tilley had within him longings for a higher destiny, and a desire to reach more elevated heights than lit LIFE AND TIMES OF lie was likely to attain as a mere resident of a rural district. In tliosc days ambitious hoys went early as apprentices to the line of business which they had elected to follow. This was a necessity because the years of ap])renticeship were long. Full fledged journeymen were not manufactured in those days in three or four years, but it took seven yinirs at least to give a boy a trade, and to make him a free man, competent to stand with his fellows in the line of industry which he had chosen. Young Tilley came to St. John in May, 1831, he then having reached the age of thirteen. He at once entered as a clerk in the drug store of the late Dr. Henry Cook, it being the fashion of those times for medical men to have a drug store in connection with their professional practice, so that they could give advice, prescribe and dispense medicines with equal facility. At that period St. John was a very different town from what it is at the present day, and although some people are disposed to regret the old days, it is quite certain that if we could have the St. John of 1831 restored to us we should be very ill-content to reside in it, or to put up with the inconveniences which a residence in it involved. We have a contemporary account of St. John, written by a stranger, a British officer, who visited it in 1832. He reached this city by way of Eiver DuLoup, Grand Falls and Fredericton, and he describes, in a book which he published giving an account of his travels, the position and prospects of the city very intelligently and clearly. SIR LEONAIU) TILLEY. 183 Tho town, containinj; luiarly 11,000 inliabitiints, is built upon a rocky and irrejiular promontory, formed by the harbour an (^ninty of York in tint Le^'i.sliiturc. Mi*. Noodlwini was of short ami stout Hmire, aiul so bald an(i round that liis npj>earano(i ahuost involuntarily suj^f^estod low comedy ; yet he had some remarkable jj;ifts as a sjjeaker and a public, man, and he mi<^ht have risen to a much hi^dier j)osition than he ever attained had it not been that his princtiples were somewhat uncertain. In truth Mr. Needham never succeeded iu }.(ettinarty that he is best known in the history of the Province. He was elected as a Liberal, however, in 1850, but seemed to have forgotten that fact as soon as he reached the House of Assembly. This was not the only occasion on which Mr. Wilmot contrived to change his principles, for he performed a similar feat during the time of Confederation, and left the anti-Confederate Gov- ernment in the lurch at a moment when its existence almost depended on his fidelity. Mr. Wilniot never was an eloquent man and he entertained some highly visionary views in regard to an irredeemable paper currency, but he was a useful public servant, and he afterwards became a member of the government of (Janada and eventually Lieutenant Governor of New Brunswick. Hon. John K. Partelow, who was now defeated in St. John but elected for Victoria, and whose name occurs frequently in these pages, was a man who might have acquired a great political reputation had the stage on SIR LEONARD TILLEY. 191 which he appeared been a larger one. Mr. Partelow's qualifications for high public position did not depend upon his oratory, which was not of a high order, but upon his moderation and good sense. Mr. Partelow was not born in high life, his origin was lowly, and his early days were spent as a clerk in a store on the North wharf, St. John. Even in that humble position, he made himself so useful and displayed so much ability that he was marked for higher preferment. The idea which resulted in his nom- ination as a candidate for the city of St. John seems to have originated with his employers, but when he got to the Legislature he speedily made his influence felt. Mr. Partelow spoke but seldom, but when he did address the Legislature it was generally with good effect, and after the debate had been to a large extent exhausted by previous speakers. He then had a faculty of drafting a resolution which seemed to express the general sense of all, and wiiich was usually accepted as a solution of the matter. Mr. Partelow was a good "business man, under- stood accounts thoroughly, and therefore had a great advfintage in legislative work over those who were not so well e(iuip})ed in this respect. New Brunswick may have produced greater men than he in public life, but none whose talents were more useful to the Province, or better fitted to serve its interests at a critical period in its constitutional history. Shortly after the general election C'hief Justice Chip- man, who had been in infirm health, resigned his office and a vacancy was thus left on the bench of the Supreme 192 LIFE AND TIMES OF Oourt of llio l*rovinc-(\ In th(! natuml coui'hu this office oiif^ht to havo ;^oii(i to th'i Attorn(3y (jrcjieml, Mr. L. A. Wilinot, but this appointinont was not made;. The ^(^sJKm8il)ility for tli(3 result which followed is not very easy to fix; c.ei'taiiily if the government had insisted on Mr. Wdniot's a))j)ointnieiit to the (Jhief .lustieeship it must have taken i)lace, l)ut they seem to have been unde- cided in o])inion, and |)erhaj)s wcire not (villin<,' to lose the services of Mr. Wilmot in the (government. Instead of making the apjMjintment, as they had a rij^ht to do, they commenced a correH])()nd(ince witli the Colonial oflice, which resulted in the receipt of a despatch from Downing street, or(i(!ring tlu; government to give the Chief Justice- ship to .Judge Carter and to ofl'er the puisne judgeship to Mr, Wilmot, or if he should refuse it, to Mr. Kinnear, the Solicitor General. The Executive Council complained that the appointment of Mr. Wilmot to a seat on the liench, by the authority of the Secretary of State without the advice or recommendation of the re8i)onsible executive within the Province, was at variance with the piinciples of Kesj)onsible Government which were understood to be in force. They, however, had only themselves to thank for this, for they were continually a})pealing to J)owning street, and seemed unable to act without advice from that quarter. The government at that time was a com})osite affair, supposed to be a coalition government, but the only Liberals in it were Mr. Wilmot and Mr. Fisher, so that it was virtually a Tory administration, for Mr. Wilmot was now going to the Bench and Mr. Fisher SIU LKONAUI) TIl.LKY. 11K5 wttH rt (l«feat(!(l ('iiii(li(liil«j for York. As a majority of tho HouHH had bcon ehjc.Lod as 0|>|toii(jiitM of tho Ooveniinont, it was HU))))OHH(l th(M(t would he, do difliculty in hriiifrin}^ about a (!haii}^e of a(hniniHtration. Mr. Siinonds, of St. John, who was r(!])Ut(Mi to ht* a LilMMal, was oloctod S])(!ak(!r without opjxi.sitioii, and at an rally day in the sesHion Mr. Uitc.liic, of St. dohn, niovt by the consent or through the action of the government. This was a change which had long been demanded but hatl been steadily resisted by private members, because their self interest was concerned in the old order of things. It has already been explained how under the old system " log rolling " prevailed, one man voting for an appropria- tion in some distant county of the merits of which he knew nothing, on condition that the member from that county would vote for an appropriation which he desired to have, although it might not be at all in the general interest. The government also undertook to frame a new tariff, and therefore about in a double sense to grasp the control of the finances of the Province. 212 LIFE AND TIMES OF CHAPTKH VII. The great measure of the session of 1855 was the law to prevent the importation, manufacture, or selling of liquor. This bill was brought in by Mr. Tilley as a private member, and not on behalf of the government. ]t was introduced on the 3rd of March. Considering its great importance and the fact that it led to a crisis in the affairs of the government and the temporary defeat of the Liberal party, this measure went through the House with comparatively little difficulty. It was first considered on the 19th of March, and a motion to [)ostpone its further consideration for three months was lost by a vote of 17 to 21. Amongst those who voted for the postponement were Messrs. Ritchie, Gray and Harding of St. John, Mr, Smith of Westmorland, and Mr. Johnston of North- umberland. The final division of the third reading was taken on the 27th of March, and the vote was 21 to 18, so that every member of the House, with one exception, voted yea or nay. The closeness of this last division should have warned the advocates of the measure that it was likely to produce difficulty, for it is clear that all 81K LKONAUI) TILLKY. 213 sumptuary laws which are inUinded to rpjj;u1ate human nfhiirs uiust be iiit'tVoetual unless they have the support of a hir^'c! iniijority ot'tlui peoph^ alleetetl by tlieiii. That tliis was not the case willi the prohihiLioii li(iU(»r law wan .shown by the vote in the Lej^'isluture, and it was still more clearly shown after the law came into ojieration on the 1st of -lanuary, 185(). The passage of the i)rohibitorv law was a bold experi- ment, and as the seijuel showed, more bold than wise. The temperance movement in New Ihiinswick at that time was hardly more than twenty years old, and New Brunswick had always been a Province in which the consumption of liquor was large in proportion to its]»opu- lation. When it was first settled by the Loyalists, and for many years afterwards, the use of li([Uor was C(m- sidered necessary to ha])i)iness, if not to actual existence. Every })erson consumed spirits, which generally came to the Province in the form of .lamaica rum from the West Indies, and as this rum was supposed to be an infallible cure for nearly every ill that flesh is heir to, nothing could be done at that time without its use. Large quantities of rum M'ere taken into the woods for the lumbermen to give them sufficient strength to perform the laborious work in which they were engaged, and if it had been suggested that a time would come when the same work would be done without any more powerful stimulant than tea, the person who ventured to make such a suggestion would have been regarded as absolutely insane. Experi- ence has shown them that more and better work can be 214 MFK AND TIMFX OK done, not only in tlui woods, hut every whore else, without the use of stimulants than with thorn ; hut no one (v>uUI he ^ot to helievo thin fifty or sixty years a^^'o. FiVery kind of work oonneetiid with the farju then had to be perforined hy the aid of liquor. KviU'y house raising, every plou^diijig match, every meetinj^ at whi(di farmers congregated, had unlimite*! quantities of rum as one of its leading' featurcis. It was alscj used hy almost every man as A part of his r«'<,Milar diet; the- old staffers had their eleven o'clock and their ni|» hefore dinner ; thcMr regular series NAKI) TILLKY. 215 catorl into u new .state of ideii.s in a single «lay and hardly in a singhi gcMieration. VV^lion the total ab.stineiice move- ment commenced in New Brunswick, tliose who ailvocated it were h)oked upon as nuMe fanatics, and even wIumi it had obtained a sutlicient amount of politi(;aI stren^^th to inllueiu!e the Legishiture, the great l)ulk ol tlu; jwioph) re}4arded it witli unfavorable eyes, and were ready to resist any attempt to apply such jtrineiples to themselves. I remember as a boy the hour and the day when prohi- bition went into ettect in New Brunswick, and 1 took note of the time that the chan«<(^ came. It was at mid- night on the .'Ust of December, IS.lo, when the bells ranj^ out a merry peal to announce the advent of the new year, that this law went in force. The placinnatiiig the Liberals as "Smashers," and these names continued to be used long after the prohibition question was settled. At this day it is easy enough to discern that there was a good deal of unneces- «ary violence injected into the campaign, and that neither ]>ai'ty was inclined to do full justice to the otlier. The result of the election was the defeat of the govern- ment. Mr, Tilley lost his seat for St. John City, and Hon, James Brown, the Surveyor General, was rejected by the County of Charlotte ; so that two of the principal members of the Executive were not in their places when the House was called together in July. The City of St. John, and the City and County of St, John sent a solid phalanx of six members op})osed to i)rohibition, and the resignation of the government and the passage of an act repealing the j)rohibitory liquor law speedily followed. The new government which was formed had for its princijjal members Hon. John H, (Iray, who became Attorney General ; Hon. John C. Allen, Solicitor Gen- eral ; Hon. li. I). Wilmot, Provincial Secretary; Hon, .John Montgomery, Surveyor General ; Hon. Francis McPhelim, Postmaster General. The other members of the Executive Council were Hon. Edward B. Chandler, Hon. Robert L, Hazen and the Hon. Charles McPherson. When the House met in July, Hon. Charles Simonds of St. John, was elected Speaker, and it was soon discov- ered, after the liquor bill had been dis])Osed of, that the majority supporting the government was so small as to SIR LKONAHD TILLEY. 219 inako it impossible for them to accomplish any useful legislation. When the Legislature again met, in the early part of 1857, it was seen that in a House of forty-one members, twenty were arrayed against the government, and that the only way in which government business could be done was by tlie casting vote ('f the Speaker. This condition of affairs speedily became intolerable, because it practically made legislation impossible, but it was brought to an end by Mr. McMonagle, one of the members for the County of Kings, withdrawing his supjDort from the government. No other course was left for them but to tender their resignations, or advise the dissolution of the Legislature, and this was accordingly done. The House of Assembly was dissolved by procla- mation on the 1st of April, LS57, and the writs for the election were made returnable on the 16th of May. The excitement attending this second election was, if possible, even gi'eater than during the election of 1856, for the public mind had been wrought up to a high state of tension by the proceedings in the House and the numerous divisions, in which it was only supported by the casting vote of the Speaker. The result of the election was so unfavorable to the Gray-Wilmot govern- ment that they at once tendered their resignations to the Lieutenant Governor, agreeing to hold office only until their successors were appointed. The most bitter contest of the election centered in the city of St. John, and it resulted in the election of Mr. Tilley, with Mr. James A. Harding for his colleague, the latter having changed his 220 LIFE AND TIMES OF views in re<^ar(l to the question at issue since the previous election, when he was chosen as an opponent of the j^overninent of which Mi'. Tilley hcul been a member. When the Gray-Wiliuut government resigned the Lieutenant Govei-uor sent for Mi'. Fisher, and entrusted to him the business of forming a new government. The government thus formed comju'ised the Hons James Brown, S. L. Tilley, William Henry Steeves, John M. Johnston, Albert J. Smith, David Wark and Charles Watters. The Hon. Charles Fisher became Attorney General, and resigning his seat, was re-elected for the County of York, prior to the meeting of the Legislature, on the 24th of June, 1857. This session only lasted until the 1st of July, being merely held for the purpose of disposing of the necessary business. James A. Hard- ing was elected Speaker of the House, and the legislation was confined to the passage of the supply bills, and a few other measures regarding subjects which recjuired imme- diate attention. Mr. Tilley took no part in the legislation of this session, for his seat immediately became vacant by his appointment as Provincial Secretary. The other departments were filled by the appointment of Mr. Brown to the othce of Surveyor General ; Mr, Charles Watters to the office of Solicitor General, and of John M. Johnston as Postmaster General. The Legislature met again on the 10th of February, 1858, and the speech from the throne dealt mainly with the financial crisis which had affected the mercantile interest of the Province, the Intercolonial Railway, and w< SIR LEONARD TILLEY. 221 the progress that was being made in the construction of the line between St, John and Shediac as a part of what was termed the European & North American Kailway. The speech also referred to the fact that the surplus civil list fund had been, by arrangement with the British government, made the previous year, placed at the disposal of the House of Assembly. It was soon seen that the government was strong in the House, the first test vote being that taken on the passage of the address in reply to the speech from the throne. This came in the form of an amendment, which was moved by Mr. Mcintosh of York, regretting that the arrangement in regard to the surplus civil list fund had been acceded to without the consent of the House. This amendment to the address only received the support of six members. A return brought down at an early period in the session showed that the revenue of the Province for the fiscal year ending October 31st, 1857, amounted to $668,252, an increase of $86,528 over the previous year. Of this sum upwards of S540,000 came from import duties and what were termed railway impost, which was aiiii[uy Llie duties levied on impost for the purpose of defraying the cost of the railways then build- ing. The casual and territorial revenue only yielded $18,000, but the export duties reached almost $80,000. The Intercolonial still continued to engage the attention of the Legislature, and correspondence with the Secretary of State, with the government of Canada, and with the government of Nova Scotia in regard to this great work was laid before the House soon after the session opened. 222 LIFE AND TIMES OF The government of New Brunswick consulted with the governments of Canada and Nova Scotia as to what assistance should be given l)y the Imperial Government towards the construction of the Intercolonial from Halifax to Quebec, in tlie form of a guarantee of interest. The British Government, through the Colonial Secretary, Mr. I^abouchere, replied, on January 15th, 1856, that while the British Government felt a strong sense of the impor- tance of the object, they would not feel themselves justi- fied in applying to parliament for the required guarantee, because they felt that the heavy expenditure to which Great Britain had been subjected did not leave them at liberty to pledge its revenue for the purpose of assisting in the construction of public works of this description, however desirable in themselves. In other words, tlie British Government had so exhausted its resources in fighting useless battles in the Crimea and elsewhere, for the sake of the degraded and effete Mahomedan power, that it was unable to give any assistance to a necessary work of a peaceable character for the consolidation of the Empire. The Intercolonial Railway has now l^een con- structed without the British treasury being drawn upon to the extent of one penny, and the British Government is now glad to use it and its kindred work, the Canadian Pacific, for the purpose of forwarding its soldiers from the Atlantic to the Pacific. These two great works remain as monuments of the spirit and courage of the people of the British Provinces of North America, but they redound nothing to the credit of any British Govern- SIR LEONARD TILLKY. 22S ment or any Imperial statesmen, it ajtparently being impossible for any one brought uj) under the shadow of Downing street to discern any good thing in the Colonies. The correspondence on the subject of the Intercolonial extended over a period of more than twenty years and grew to enormous proportions, but it is entirely safe to assert that this line of railway would not have been constructed in our own time but for the fact that it was undertaken by the Canadian Dominion as a woriv which had to be built for the purpose of carrying out the terms of confederation as set out in the British North America Act. Correspondence was also brought down during this session on the subject of emigration to New Brunswick. Mr, Moses H. Perley, the immigration agent, had visited the United Kingdom for the purpose of })romoting the movement to induce people to emigrate to this country, but he did not find the British Government disposed to lend any assistance in relieving their cities of the unem- ployed who might have been able to make a good living in this Province if brought to it. At this time there was a considerable amount of competition on the part of the Australian Colonies for immigrants, and New Brunswick was not looked upon favorably as a field of immigration . It does not appear that the result of Mr. Perley's mission to England was very fruitful, the principal difficulty being that he had no authority to ex])end much money for the purpose of promoting the object in view. There has always been a certain small movement towards this 224 LIKE AND TIMES OF Province on tho part of the peoj)le of the British Islands desiring to change their residence, but the condition of the Province is such, l)oth as to its labor markets and its resources, that it would be unwise to bring people here in large numbers, unless arrangements had previously b(!en made for settling them comfortably. Hritish immi- grants now })refer to go to those lands where there is no forest to be felled, or where the cities are large and the chance of employment in various lines of industry are greater. The financial statement brought down by Mr. Tilley showed that the public debt of the Province at the end of the fiscal year, 1857, amounted to $2,050,000, of which $1,376,000 was funded and bearing interest at the rate of six per cent. This debt had been largely incurred in railway construction or in stock taken in railways. The onlinary revenue was estimated at nearly $650,000, and the ordinary expenditure at about $2,000 less. These figures do not greatly differ from those of the present time, notwithstanding the fact that confederation has relieved us of matiy items of expenditure which the Province formerly had to bear. Everything, however, was on a small scale in those days. A committee was appointed at this session of the Legislature to inquire into the manner in which the work of railway construction to Shediac was being carried on. The committee reported later in the session. Their report seemed hostile to the government and censured the manner in which the con- tracts had been given out and work done in many places SIK LEONAKI) TILLEY. 226 without UMulers. The people of this Province were then »iuite ignorant of railway building, and there is no doubt that the line to Shediac cost far more money than it ought to have done. The committee rei)orted that according to the Engineer's statement the line would cost, when coni- })leted, £930,702, or £8,4G0 a mile ; but the cost was considerably more, and exceeded four million dollars, and may be roughly ])ut down at forty thousand dollars a mile, or twice the sum for which a similar railway could be constructed now. This report was received by the House, but was not adopted, although the vote ujjon it was a close one. The railway to Shediac was finally completed and opened for traffic on August 5th, 1860, its length being 1 08 miles. The nineteen miles between Point du Chene and Moncton had been open as early as August, 1857, and the nine miles from St. John to Kothesay on .June 1st, 1858. The railway was opened from St. John to Hampton in June, 1859, and to Sussex in November of tlie same year. Although the people of the Province had abated something of their enthusiasm for railways by the time the St. John and Shediac line was finished, -still its opening was a great event, because it was the commence- ment of a new era in transportation in this Province, and gave St. John access to the North Shore, from which it had been practically shut out previously. Goods could now be sent by means of railway and steamer to Prince Edward Island, and to the New Brunswick ports on the Gulf of St. Lawrence, and a community of interest waa 1>2» LIFE AND TIMES UF thus created l)etwefjn the moat remote sections of the Province which did not exist before. The traffic receipts (if the com]»lete line were thought to be highly satisfac- tory ; the business for tlie first three months amounted to about $45,000, and yielded a revenue of SI 8,000. This was a good showing and gave j)romise of still better things for the future. It may be interesting to state that in tlie last year that the railway was operated by the government of this Trovince the gross receipts amounted to $148,1^30, and the net receipts to $51,760. The gross and net revenue of the road had shown a steady increase from the first, and although it had been a costly public "work, the people of the Province considered it a good investment. It was only after it had passed into the hands of the government of Canada, and become a part of the Intercolonial Railway, that any color was given to the accusation that it was an unprofitable line. The railway from St. John to Shediac has always paid well, and probably, if disassociated from its connecting lines, would at this day ])ay three or four per cent, upon its original cost. The legislation of the Province between 1858 and 1861, although it included many useful measures, evolved nothing that calls for particular mention, with the excep- tion of the law which provided for voting by ballot. This was an innovation to which many were opposed, but which the Liberal party very properly considereolle«,'e and its endowment, and niadc! the university liable for the pay- ment of the debts and the jH'rforniance of the contracts of Kings College. It created a new governing body for the collogo to be styled the Senate, to be ai)point(Ml by the governor in council, and the President of the council was required to be a member of that body and also to be a layman. It conferred upon the Senate the power of appointing the professors and other oflicers of the univer- sity, except the President, and also the j)Owerof removing them from office, subject to the apj)roval of the governor in council. It also authorized the Senate to fix theii- salaries. It abolished the professorshij) of theology and provided for the affiliation of other institutions with the university, and also for a number of free scholars. This act, which was passed in April, 1X59, was specially approved by Her Majesty in council on January 25th, 1860. Thus a new era in the higher education i.f New lirunswick was commenced, and a long step was taken in advance towards making the college more acceptable to the people of this Province. Great hopes were enter- tained at the time that this change in the constitution of the college would lead to a large increase in the number of its students, and a more general interest in its work, but unfortunately, as the sequel showed, these hopes were only partially realized. HIK LKONAUI) TILLKY. J2« Purine tho spring of 18(10 ciniuuifttatK^eH occurT»^d whicih UmI to tluf resigimtictii oi' tlu' I'ost Muster (ireiieml, IIou. {'hiirl(38 Coimell. Tlui liOgi.slatun! liavin^' a(l()j)ted the (Icoiinul syHtcm of curreiu'y in the jdace of thc])Oun(ls, shillings niitl ]K'n«H' which had been the cinToucy of tho Province since its foundation, in Man^h, IHdO, Mr. Con- nell was authori/,(*(l to obtain a new set of postage stamps of the denominations retiuired for use in the postal service of the Province. No person at that time thought that a political crisis would arise out of this order, but it appears that Mr. (Jonnell, guided by the examjjle of Presidents and Post Masters General of the United States, had mad»» nj) his mind that instead of the likeness of the Queen, which had been ujjon all the old postage stam])s of the Province, the tive cent stamj), the one which would be most in use, should bear the impress of his own counten- ance. Accordingly tlie Council postage stam}), which is now one of the rarest and most costly of all in the lists of collectors, was j)rocured and was ready to be used, when Mr. Connell's colleagues in the government discovered what was going on and took steps to prevent the new five cent stamp from being issued. The correspondence on the subject, which will be found in the journals of 1861, is curious and interesting, but it ended in the withdrawal of the objectionable stamps and in the resignation of Mr. Connell, who complained that he had lost the confidence of his colleagues, and who in resigrung, charged them with neglecting the affairs of the Province. Only a few of the Connell stamps got into circulation, the remainder 280 LIFE AND TIMES OF of the issue, being destroyed. If anyone could have foreseen the enormous value which they would attain at ii future day a fortune might have been made by the lucky individual who succeeded in getting possession of them. Mr. Connell's place as Post Master General was fiVed by the appointment of James Steadman to that office. In the early part of 1861 a very important event occurred in connection with the government which pro- n the mother country and the Unitc^l .Staters of America is now imminent. The frontier which would have hecm defended hy means of rapid communi- cation is improtectiid and exposed to the concentration of troops upon tiie termini of at least seven railroaen8able to our national defence, and Third. — The financial aspect of the question. HIK LKONAHl* TILLKY 23» We Iwp, in the firHt place, to refer to the Meinoruiuhim dated Aii^fUHt, 1857, and Hi^ned hy MesHrs. Macdonald and KoHe, to^etlier with the litter of MensrH. Johnston and Archihahl, of August 20th, 1857 ; and also to the Memoranduni dated Octoher 2()th, 1868, and sijjned hy Messrs. ('artier, Ross, (lalt, Fisher, Smith, TupiH^r, Henry and Dickie, wiiiih contain tiie history of the (juestion so far as resjjects the j^eneral argument. These papers are enclosed. To the Memorandum and letter of August, 1857, a reply is eontained in the despatch of the Right Ilonorahle II. l^ahouchere, addressed to the (iovernor (Jeneral of ( anada, and dated May 15th, 1858. That despatch states : " Although participating with the members of the several Local (.iovernments, and with their own predecessors in ottice, in a strong sense of the importance of this object, Her Majesty's advisers cannot feel themselves justified in applying to parlia- ment for the required guarantee. Their reasons for declining to take this step are solely of a financial description. They feel that the heavy exjxMiditure to which this country has been subjected of late years, and the (rails upon the resources of tiie Empire for pressing emergencies, do not leave them at liberty, for the present at least, to pledge its revenue to so considerable an extent, for the purpose of assisting in the construction of public works of this character, however in themselves desirable." In answer to the Menujrandum of O(;tober 2(jth, 1858, adespatcli from the Right Honorable Sir E. B. Lytton to the (iovernt)r (Jeneral of (.'anada, and the Lieutenants of New Brunswick and Nova Scotia, and dated December 24th, 1858, states that : " Independently of any military advantages whi(di might attend the existence of an uninterrupted communication by rail over Briti.sh territory, in the event of any disturbance of the existing friendly relations of (xreat Britain with all other coun- tries, some benefits of an Imperial kind would at once accrue from the completion of the Intercolonial Railway. The letters from England would pass over a shorter and cheaper route, and the movement of the troops would gain in point of convenience and economy." The despatch, however, postpones Imperial assistance for reasons analogous to those given in the despatch of Sir. H. La- '240 ].\VK AND TIMKH OK iMiiirlK^re. TliiH (iHMputrli t;litHUH i\w ollittitil (*orr«Hpoii(Joiii;ti on the Huhj(u-t. Wo Hiibinit, thcrttfon!, uppoiiliii^ to puHt coininiin'KtutioiiH, that thn l'roviiif(^H hiivr I'lill juHtilii-iitioii tor rrlyiiivc upon IiM|Kfrial (■()-o|M4ratioii, to ho riiHt whoii tht; [xtHition of (ircat liritaiii warraiit(Ml \u'.r in iiiwhtrtiikiii^ thi' roHpoiiHihility of the i-omplotioii of the liitercoloiiial Uuilway. Tho uii(lt!rHi^u*!(| U'.rA tliat lioro they nii^lit rest their raHe, uh they flo not hchovt- tlial Ilrr Majesty'H adviHiTH will Wtmet the hopes \u'U\ out hy |)n!vioiiH Kov y tim iiivi(tiiH that till- I'liiU'd States could at any tiinu within a wtnik concentraU! upon th«ir tormini u Imiuln'd th<»UMun«ht in the ond HuttuiHHfiilly opixino, hut iiiu! HO forniidahlc uh to i^nald*' th«'ni to (•a|)turn, ifthtfnditure can readily supply as many more. The United States thus have Ixueii suddemly transformed from pe^acef'ul (communities, {)ursuinK lawful commerce, t(t a military repul)lic. The British Provinces survey these plionomeiia without fear but not without emotion, and they ask, as the tirst measure of P 242 LIFE AND TIMKS OF indiHptuiHuhlo prciriiution and obvimiH (l(«feiu'(\ that tho Intor- culoniul Kailroud shall be coinplKtiMl without dohiy. Withotit that road tho I'rovincoH am dislocated and almost incapuhlo of dofonc(! for a >?rout portion of tlio yi' r, iixcopt at such a sacrifice of life and pro[)erty, and at sach annnoriuouH cost to tho mother country, as makes tho Hmall contribution whi(di sho is asked to give towards its construction sink into InHiKnilicance. With that railroad we can concentrate our forces on the menaced points of our frontier, ^uard the citadels and works whicii iiave been erected by (J reat Britain at vast exjiense, cover our cities from surprise, and hold our own till reinfontemonts (tan be sent across tho soa; while without tlie railway, if any attack were nuide in winter the mother country could put no army worthy of the national honor and adequate to the exij^ency upon the Canadian frontier without a positive waste of treasure far ^^reater than the ])rincipal of the sum, tlie interest of which she is asked to con- tribute or rather to risk. The British ^jovernment have built exi)en8ive citadels at Hali- fax, Cinebec and Kinj^ston, and have stores of munitions and warlike material in them. But their feeble garrisons will be inadequate for their defence, unless the Provincial forces can be concentrated in and around them. An enterprising enemy would carry them by coupfi dc main before they could be reinforced from England ; and once taken the ports and roadsteads which they have been erected to defend would not be oversafe for the naval armaments sent out too late for their relief. Since this suV)ject was pressed upon the attention of the British government in 1851, taking the very moderate military expen- diture of last year as the basis of an estimate, £4,417,590 have lioen exi^ended in the British Provinces for the maintenance of a few thousand troops in time of profound peace. Of what avail is this expenditure ? With what object has it been incurred or are similar disbursements to be continued, if the only work which during five months of the year will furnish the means of securing the Provinces is to be neglected? Why spend so much money if it is to be of no use hereafter, and if proper precautions are not taken to protect the property which has been made thus valuable. Therefore we desire to strengthen our frontier by the comple- tion of a work indispensable to its defence. It is not too much 8IU LEONARD TIM.KY. 24!^ to Hay that the conHtruction «>f the InU'rcolonial Kailroiul mi^lit save UH the coHt of u war, for the AinorituiiiH aro thi'iuHolvos Sii^acioiiH cnou^rh to Ht'»< that, with tliut work cnnploti'il Hur|iri8»» iH iinpossihlt', uiul thi' n^sults of a protnictctl war at hnist ox- troinoly douhtfiil. Without it Caiuula aiul tlii' Mariliiin* I'rov- incus may hu cutaHUiKler andouttlaiiked at any luouuMit, without thu {)o88ibility of thoir population leaning upon coininon pointH of HUpp(»rt, ami aitliuK and stroiiirthcMiin^j each (»th('r. \V«' art' rehictant to h«'Ii((vr, thtMi, that lltT Majesty'w j;ovornni(Mit will I'or^tot the opinion oxproHMod l)y Lord I)urhani in hi.s report, or will oven, if diHjxwed to, construe strictly the terniH of the ofl'er made in ISal by Lord (irrey, overlook the nioUK'ntouM intcrcHtrt now at stake, or the altered circumstances w hich at the present moment invest this subject with so much of national interest and importance. Thou;,'h the undersi^iiunl aruue this (|uestion upon hi).'her grounds than those of mere thiance, they rejKjat that they are not indifferent to the (inam-ial asi)ect of it. The Colonies uiuiided have themselves, since 1851, already made nearly one-half of the railway routt*, and the construction of about 1550 miles more by the joint action of the Imi)erial and Colonial jiovernnients, will com- plete the Intercolonial Railway. Our governments and people, havinj; done so nuudi already, now propose to contribute more than one- half of the liability of what remains, and thus to be responsible for £00.000 a year, and also for the right of way. The mother country is now asked to give £tio,000 a year, so long only as the revenue of the railway is inadeipiate to meet the interest. What is she to get or to save? is not, hciwever, an unreasonable question. We will endeavor to supply an answer. The British government now pay to two lines of steamers, one of which carries the mails and passengers past the British Prov- inces, £180,500. Make the Intercolonial Railroad and there cannot be the slightest pretence under any circumstances for continuing these subsidies beyond the port of Halifax, and the subsidy ought not to exceed £112,000, the amount of postage now ; "'ally received. If t' contract for the Galway Line is renewed the subsidy should only cover the sea service from the nearest point in Ireland to the nearest port on the continent of America. It is a mistake to suppose that subsidies are required to maintain 244 LIFE AND TIMES OF communication between the Maritime Provinces and the XTnlted States. Steamers run all summer from Halifax and St. John to Portland and Boston, maintained by private enterprise, and will soon be adequate for the winter service, if left to a fair field of open competition. Subsidies to a reliable line of ocean steamer* may, by the British {government, notwithstandinfj; the difference of opinion existing, be considered indispensable, but these, if Ihnited to the amount of postage (£112,000), would save £77,500 a year, so soon as the Intercolonial Railroad is completed to Halifax. This saving would more than cover the entire sum which the Imperial government is now asked to risk to insure the construction of the work. But in addition to the costof ocean steamers the British people now pay for the transmission of their correspondence with their own Provinces twelve and a half cents per ounce on letters, and two cents on newspapers sent through the United States, amount- ing on the whole to a large sum per annum, which could be saved to the country. The cost of conveying by land a single regiment from Halifax to Quebec in 1838 is stated to have been £80,000. The cost of transportation in winter was so great in 1855 that the regiments, so much w'anted in the Crimea, and not required in Canada at all, had to be left over there till the war was over. Were the Intercolonial Railway built troops could be forwarded from Halifax to Quebec in four and twenty hours. If to the amount which may be fairly deducted from the steamship subsidies be added the amount paid to the Post Office of tlie United States, and the actual cost of moving troojjs and material on an average often years, the figures will show an amount of saving far beyond the aid asked for, and which ought to satisfy the most rigid economist ; that while what we urge secures Im- perial interests now in peril, it saves the resources of the English people. There is one view of this subject which surely should not be overlooked. Within the last ten years but 235,285 emigrants from the British Islands went to the Provinces, while more than six timeo ihe number, or 1,495,243, went to the United States, and are now citizens of that country, whose commercial policy is seen in the Morrill tariff, which shuts out the manufactures of this country. Let us hope that it is not too late to turn the tide of SIR LEONAKI) TII.LEY. 245 emigration elsewhere, that, the life blooil of the parent state may not be drained off to extend the power of a peoijle who alone can threaten (^r endanger the British rule in Anicrii^a, and whose jealons sensitiveness renders a continuanee of their friendship towards Great Britain at all times uncertain. The proposal made to tho British government is to join the three Provinces in a guarantee of four per cent, upon £.'},000,0()0 Sterling, the assumed cost of the proposed works, less the cost of the right of way, which the I'rovinces will jtrovide. Tiie Prov- inces are ready to pass bills of siipply for £(1(1,001) a year if the Imperial government will do ti>e same, and as no doubt this Im[K'rial route will gradually work on with increasing returns, the sum of the risk will gradually diminish, until at last, and perha])s V)efore many years are over, the liability may cease iiltogether. The Canadian Railway Companies are open to treat for the v.orking of the line so as to avoid any liability beyond Ihe gross amount of the joint guarantee. The selection of the route of the line is left solely to the British government. Should the British government prefer to raise the capital for building the road their outside responsibility under such arrange- ments would be three and a (jnarter per cent, on £:?,0()(),()00, or iibout £07,5(J0 a year, and the Provinces would still be respi^nsible for one-half, leaving a net lial)ility to the British government of only £48,750 a year ; but if they are not disposed thus to increase their nominal and decrease their real responsibility, the sum required for the estimated length of 1550 miles of railway, namely £l?,00(>,000, can be raised on the terms named, viz., ))y the mutual guarairtee of £120,0o0 a year, or £()(i,()(M) a year from the Prijvinces and £()0,000 a year from the British government, which guarantee will enable the issue at par of £3,uO(),(X)0 of four per cent, stock. And now, V)elieving that in this and former papers submitted to the Imperial authorities, all the arguments in det'iil in favor of the Intercolonial policy sought for have been fully set forth, the undersigned have only to add that it appears to them that such arguments are conclusive, that the subject should be looked tipon and dealt with mainly in regard to the consideration of permanent connection between (^ireat Britain and the Provinces, und the relative positions of P'.nglanletion of tlie line of railway between Hali- fax and Queliec essential, or at least of infinite importance, as enablinji F^nj^'land to carry on by land as well as by sea a war with the only power in America that can assail her, as enabling her to protect a portion of her own dominions ? Sliould war with the United States of America break out during tlie present or any winter, how is England to cope with her adversary by land? How can she transport a month hence to the points of strategy in Canada the necessary troops and material of war ? and to wliat mortification and disaster may not her few soldiers, usually in garrison there, be subjected for want of that aid which the Intercolonial Railway could bring them? Again, England has pledged herself, and without a formal pledge woidd doubtless strive, that the whole force of the Emj^ire should be put forth for the defence of the Provinces in the event of a foreign invasion, and how can that strength be put forth in Canada without the means of reaching it in winter? And while she may by her navy hold the American seaboard in terror, the American forces can enter Canada, and three millions of people will be left to cope with twenty millions in a war in the cause of which they would have had no concern, and in the conduct of which they could have no voice. A dispute in the China seas may involve the United States and England in war, and Canada, Avithout this means of protection, will have to bear the brunt a'.'.d suftering of it, without having provoked the difference or being directly interested in the tjuarrel. The undersigned most desire it to be understood that the tinancial position of the Provinces does not enable them to hold out any hope that more than is herein ' roposed can be offered by tlie Provinces themselves. The heavj responsibilities for her railway undertakings now pressing upon her have compelled Canada, in order to preserve her credit Avith her del)enture Ixdders, to impose import duties on a scale which has already raised discussion in England, and laid her under the imputation of having had resort to a system of commercial protection, when in fact she was simply straining her resources to preserve her credit and good faith. To her, therefore, as well as to the other Provinces, greater sacrifices are impossible. SIR LEONARD TILLEY. 247 As the selection of the route to be adopted has been confided by the I'rovinres to the British government, and all local dis- putes in rep;ard to it thus removed, the nndersijrned would urjie the importance of making use of the coming winter to select and locate the line of Railway ; and if it were possible to lay upon the ground some of the heavier material, most valuable time would also be gained. The line can be completed in two sum- mers, if the coming winter be used, and in such a case the railway may be completed by the fall of 18G3. The reply of the British government to the propositions embodied in the above was contained in a despatch from the Colonial Secretary to the Lieutenant Governor of New Brunswick, and was as follows : — Downing Strekt, April 12, 18(52. SiK, — I have already acknowledged the receipt of your des- ltatches,the one accompanied by a joint address to Her Majesty from both Houses of the Legislature of New Brunswick, expres- sive of their wish that Imperial aid may be attbrded to the com- pletion of the Intercolonial Railway between Halifax and Quebec, the other reporting that the Hon. Samuel Tillej' had been ap- pointed to represent New Brunswick in the Provincial delegation Avhich was intended to visit England on this subject. Not long afterwards Mr. Tilley arrived and associated himself with the Hon. Philip Vankoughnet, who had been appointed delegate on behalf of Canada, auject Tinder the cousi deration of Her Majesty's government before the deputies were obliged to return to their homes, and other urgent matters have hitherto prevented the ado])tion of a decision. The subject has now been before Her Majesty's government, and I need scarcelv assure vou that they have examined it with the 24K LIFE AND TIMES OF cary due U) tlie iniportunce oi" the (luestion, of the hifjh authori- tieH from wliom it has emanated in the Provinces, and to the fjiaracter and position of tlie dele;_'ates by whom it has been so powerfully presented to notice in this country. The lenjith oi railway necessary to complete the communica- tion l)etween Halifax and QuelxH' is estimated at 350 miles, uiul the cost, after deducting the ri^ht of way, which the Provinces will provide, is estimated at £;),()0(),(>00 Sterling, such bein^; the data supplied ])y the deputation. The i)roject is that the Imj)e- rial tiovernment should join the three Trovinces in a jruarantee of four per cent, upon £3,000,000, in which case the Provinces are to pass liills of sui)ply for £()(),000 a year, £20,000 in each Prov- ince, if the Imperial government will do the same. The selection of the route is left solely to the Jiritish jroverument. Should the sum of £.">,(iOO,000 b(^ found insufficient, nothinjr very definite is said on the essential point of the provision to be made for the completion of the railway. I mucii rel('y jmblic loan, if they should desire it, at a moder- ate rate, the requisite funds for constructing the railway." 2. — That with an anxious desire to bind the Provinces more closely together, to strengthen the connection with the mother country, to promote their common commercial interest, and to provide facilities essential to public defences of these Provinces as intregal parts of the Empire, the undersigned are prepared to assume, und'^r the Imperial guarantee, the liability for the expenditure necessary to construct this great work. SIR LEONARD TILLEY. 351 3. — That the three ^^overnmenta are aj^reed tliat the proportion of lial)ility for the necessary expenditure sliall be apportioned as follows, namely : Five-twelfths for Canada and seven-twelfths to be equally divided between the Provinces of New Brunswick and Nova Scotia. 4. — But it is understood that tlie liability for principal and interest shall be borne by each Province to the extent only of the l>roportion hereby ajrreed upon. 5. — That in arriving at this conclusion the undersigned have l)een jj;reatly influenced by the conviction that the construction of the road between Halifax and Quebec must supply an essen- tial link in the chain of an unbroken highway, extending through British territory from the Atlantic to the Pacific, in the comple- tion of which every Imperial interest in North America is most deeply involved ; and the undersigned are agreed that to present ])roperly this part of the subject to the Imperial authorities, the three Provinces will unite at an early day in a joint representation on the immense political and commercial importance of the western extension of the projected work. .1. S. McDonald, L. V. SiCOTTK, .1. Mossts, "W. P. How LAND, Wm. McDoi'GALL, M. J. Tessikk, Thos. D'Arcv McGee, f. evaxtiral, Adam Wilson. Joseph Howe, J. McCully, William Axnand. S. L. Tillev, W. H. Stkeves, P. Mitchell. Representing Canada. {Representing Nova Scotia. (Representing New Brunswick. 252 LIFE AND TIM FS OF MEMORANDUM No. II. Ajjreed at the conferenco of the delefjrate.s of Nova Scotia anil New JJnin.swick and the jiovemiiiont ofCanaihi: 1. — If it should be concluded tiiat the worli shall be (Constructed and nianaj^ed by a joint commission of the tliree Provinces, it shall l)e constituted in tlie jiroportion of the two appointed by the government of Canada, and one eacii by the f^overnmonts of Nova Scotia and New Brunswick, tlie four to selei;t a iifth before entering upon the discharge of their lUities. 2. — Tluit a joint delejjration proceed witli as little delay as ])0S8ible to England to arran;je witli tlie Imperial jjjovernment the terms of tlie loans, tlie nature of tiie security re(]uiretl, tlie amount to be paid for the transport of troops and mails, and, if po.ssible, to obtain a moditication of the terms proposed to the extent of the interest accruinjr during the construction of the work. ii. — That no surveys be authorized until the laws contemplated shad have been passed and the joint commissioners a[)pointed; that any profit or loss, after payin^i workinj; expenses, shall be divided in [irojmrtion to the contribution of the several Pro- vinces. 4. — That such portions of the railways now owned by the trovernments of Nova Scotia and New Brunswicik, which may be re(iuired to form part of the Intercolonial road, shall he wc^rked nnd(T such joint authority as may be appointed by the three Provinces ; that the rates collected shall be uniform over each re- spective portion of the road. That all net jiain or loss resulting from the working and keeping in repair of any portion of the road constructed by Nova Scotia and New Brunswick and to be used as a part of the Intercolonial Railway shall be received and borne by the said Provinces, respectively, and the suri)lus, if any, after the payment of interest, shall go in abatement of interest on the whole line between Halifax and River du Loup. 5. — That the Crown Lands required for the line and for stations shall be provided by each Province. (Signed), Thomas D'Arcv McGke, for Canada. Joseph Howe, for Nova Scotia. S. L. TiLLEY, for New Brunswick. SIR LEONARD TILLEY. 268 The delegation to Enuland was com]tosed of the fol- lowing gentlemen : — The Hon. Mr. Howland and the Hon. Mr. Sicotte for Canada ; Hon. Joseph Howe for Nova Scotia, and the Hon. S. L. Tilley for New llrunHwick. The departure of the Canadian delegates was delayed by a prolonged session of Parliament, but after their arrival in London an early conference was arranged with Mr. Gladstone. The objections taken at this conference Viy the delegates to the propf)sed terms were mainly to the Sinking P'und provisions. Mr. Gladstone desired that £3,000,000 should be set aside for this purpose, and it appeared that this was to be a first charge upon the revenues of the several Provinces. The delegates pre- sented fully their objections to the Sinking Fund, and asked that their reasons as stated should ha^■e the favorable consideration of the Imperial govern- ment. This Mr. Gladstone promised a week later. In the meantime the Canadian delegates left for Paris. Before the week expired Mr. Gladstone sent his reply to the delegates. He held to his demand for a Sinking Fund, but explained that he did not wish the guarantee to take precedence of the then existing liabil- ities of the several Provinces. A copy of Mr, Gladstone's reply having been submitted to Mr. Howe and Mr. Tilley, then in London, and it being necessary for Mr. Tilley to return to New Brunswick at the earliest date possible, they prepared and submitted to the Duke of Newcastle a Memorandum, of which the following is a copy : — 254 LIFE AND TIMES OF Ah the IntorroloniHl Uiiilrnad is a work in which thfl Imperial and Colonial ^ovcrnnienls aro aHHiuued to have a joint internHt, as the underHij:n«(l re^'ard it an indisiKipridhle to national defence, antl to the transportation to this country of breadHtnflk, in case war with the United States should ever arise, they ho|»e Mr. (iladstone may be induced to reconsider the matter of the Sinking,' Fund and trust that tlie Cabinet may be enabled to convince Parliament that under all the circumstances of the peculiar case, a Sinking Fund should not be insisted upon. Hut if it is, the undersigned will not assume the responsibility of perilinj; or delayinji this threat enteritrise by ne;rlectin^r what the Chancellor of the Exche(iner seems to rejrard as an indisiKinsable condition. If they did they do not believe that such a course would meet the approbation of the governments they rei)re8ent. (Sijrned), Joseph IIowe, S. L. Tii.LhY. It is understood that on receipt of Mr. Gladstone's reply by the Canadian delegates, they left England wich- out an acceptance of the terms proposed, and without a formal rejection. Previous to the meeting of the Cana- dian Parliament Mr. Tilley was rec^uested to proceed to Quebec and urge upon the Canadian government the preparation of the necessary bills to carry out the agree- ment entered into for the construction of this great rail- way. Mr. Tilley reported to the Lieutenant Governor of New Brunswick, and to Mr. Howe, that the government of Canada, for reasons stated by them, could not then undertake to have passed the legislation required, which they greatly regretted, but that they had not abandoned the arrangements or the construction of the railway, and would be willing to ask for a vote of money to cover their share of the cost of its survey. It was, therefore, a SIR LEONARD TILLEY. 265 matter of great surprise and regret to the friends of this international work in Canada and Knu;land that the government, during the session, declared that they had al)andoned this important enterprise. Tlie feeling in England on hearing this may be understood by a com- munication sent to the government of Canada bv a representative organization in London, urging the speedy comphition of the })r(j))osed railway and the passage of the needed legislation : — British North American Association, 185 (lUEHHAM IIoUHK, London, January 29th, 186u. Sir: — In pursuance of the wish expressed to the Secretary of tills Association, the Association addressed the Colonial Minister under date the 8th inst., us per copy enclosed, ur^in^' that the surveys preliminary to the suhniission of the cpiestion of the Intercolonial Railway to the Imperial Parliament, should be pro- ceeded with as soon as possible. I am instructed confidentially to say that in reply to this application, the Association have received under date of 2l8t .January, a letter by direction of the Colonial Minister, in which it is stated that "Her Majesty's Government can have no objection to the commencement of the surveys necessary in order to determine the line of railway and ascertain the cost, as soon as the Colonial jjiovernments shall have author- ized the advance of the requisite funds and shall have come to an arran let by contrai't, but menOy r»!liubU( ),'ei\<'ral facts \vhii:h practical men Would rotpiire in ordur to j:uide their judjinient us to the I'casa- bility and costs of tlio project. But the Association re^rret to learn that while the delojfates fniDi Nova Scotia an:iving counter proposals which the Association cannot think dilfer essentially from the scheme jiroposed by Her Majesty's ^rovernment. The Association believe that the three i»oints of difference are : First, as t(» the proposed rate of interest on the debentures; Second, as to the Sinking Fund, and Third, as to the suggestion that Her Majesty's ^'overument shall be satisfied that the railway can be constructed without the Imp)erial ptvernment being asked for further assistance. As regards the latter point, that will be determined with the greatest ease by the estimates of cost which tlie preliminary surveys proposed may exhibit, and the Association believe that the faith of Her Majesty's government in the entire solvency of the Provinces will satisfy them on this liead so soon as such sur- vey and estimate be presented to them, and more espec^ially so as the Association believe that Her Majesty's government are ready to agree to the appointment of an F^ngineer, and that the plans and estimates may be in England, if immediate dispatch is exer- cised, by the tirst week in June. As regards the second point, it appears that the Chancellor of the Exchequer proposed a definite scheme of Sinking Fund, while the Canadian delegates proposed a Sinking Fund in another form, namely, "In which profits of the road shall be applied towards extinction of the loan." SIR LEONARD TILLKY. 257 Ah nyurfls the tirst point, it will ho obvious, on rojvlin^n-aroftilly tlie troiiHiiry niiniitK ulliidml to, tliut the iUuBtrutive culmhitionM therein muile are men^ly hypothetirul, while on the other hand it is, us the AsHoi'iiition believe, ii fact that inonoy can be ruiHed, if the Imperial ^'iiarantue is proposoil, at the rate natncd l)v the {lele);utti8, namoly 'M^ jut cent., an:overnment, and that the misappn'hcnsioiis — for the Association will not l)elieve they are more — which have a' .en may be removed without delay. i'h(* Association arc all the more anxions on this head because ex|)erience has proved that misunderstandini:s of this nature are very ditllcult to remove when once established. The A.Hso«'iation liave learned with very ureal regret that the leading orvran of a lar^je political party in Oanada has declared that Messrs. Sicotte and Ilowland have succeeded in their real mission, namely, the indeiinite postponement of the Intercolonial Railway. Tlie Association will not believe that this statement possesses any color of trntli, but they allude to it in order to show how, connected with what has taken place, so vigorous an allejjation may be used to dama;j:e, in the opinion of the people oi this country, a ^reat enterprise whi(;li the Association hope all true j»atriots,both in Great Britain and Canada, have sincerely at heart. I have the honor to be, Sir, Your very obedient servant, A. D. Hay, Chairman. To the Honorable, the Provincial Secretary of Canada, Quebec. The engaL^ements entered into by the governments of Nova Scotia and New Brunswick were discharged to the letter by the passage of the necessary legislation, though with some opposition. No furtlier steps were taken l)y the government and Legislature of Canada to secure the construction of this railway until the Confederation nego- tiations were commenced in 1864. Q 258 LIFE AND TIMES OF CHAPTER IX. We now come down to an event of tlie ^^reatest interest, in whicli jMr. Tilley took part, and one of such vast and widely reaching im])ortance that it oversliadows every other part of his distinguished career. The confederation of the Canadian Provinces was beyond all question the most notable movement that had been taken by any Colony of the British Empire since the Declaration of Independence of the thirteen Colonies. It changed at once the whole character of the Colonial relation which had subsisted with the mother country, and substituted for a few weak and scattered Colonies a powerful Do- minion, able to speak with a united voice, and stand as a helpmeet to the nation from which most of its people had sprung. No man, whatever his views as to the wisdom of that political union may have been at the time, can now deny that it was timely and ■'lecessary, if the Colonies and the mother country were to preserve their connection with each other. It is safe to say that if Confederation had not 1 en plac3 in 1867, British interests on this continent would have suffered, and possibly some of the Colonies w^ould now have been a pai't of the United States. Tlie policy of separating the Colonies from England, which has been so much advocated by many leading public men in the great republic, would have SIR LEONARD TILLEY. 25» found free scope, and by balancing the interests of one Colony against those of another, promoting dissensions and favoring those T'^^vinces which were disposed to a closer union with ^i\ United States, something might liave been done to weaken their allegiance to the British Empire, connection with which is now the glory and the strength of the J)omini()n of Canada. The question of the union of the several Colonies of British North America was by no means a new one when it came iij) for final settlement. It had been discussed at a very early ])eriod in the history of the Provinces, and indeed it was a question which it was quite natural to discuss, for it seemed but reasonable that Colonies of the same orii,nn, owninjj; the same allegiance, filled with people who differed Init little with each other in any respect, and with many commercial interests in common, should form a political union. No doubt it might have -' been brought earlier to the front as a vital political question but for the fact that the British government, which was most interested in ])romoting the union of the Colonies, took no step towards the end until almost com- pelled by necessity to move in the matter. : The Colonial policy of England, as represented in the Colonial office and in the royal instructions to Colonial governors, has seldom been wise or far-seeing, and the British Colonies wd'^"(;h now girdle the world have been built up mainly as c 5 result of private enterprise ; for the part taken by the government has, in most cases, been merely a con- currence in what private individuals have already done. 260 LIFE AND TIMES OF and to asisist in protecting British interests when they have become important, especially in new regions of the world. When we consider the manner in which (.'abinet appointments have been and are still arranged in Eng- land, this weakness on the part of the (Jolonial office need not surprise us. The English Prime Minister, in filling up his Cabinet, can give but little attention to the ques- tion of merit and fitness, as compared with availability on the score of iufiueuce and family connecti(m. Until recently the system of government in England has been mainly aristocratic, and leading families, who were supposed to be able to lend political strength to the Cabinet, were able to force inefficient members upon it, thus making it an aggregation not of talents but of money and titles. Until the year 1801, the business of the Colonies was carried on at the home office, but in that year it was transferred to the Secretary of State for War, and so continued until 1854, when the offices were divided, and Sir George Grey became first Secretary of State for the Colonies. Under such circumstances we need not feel any surprise that the business of the Colonies was done in a very imperfect fashion, and that very absurd notions prevailed in regard to the manner in which they ought to be treated. It has been seen that in the early years of New Bruns- wick's history the government was largely controlled by the Lieutenant Governor, who received his commands from Downing street, and who made things pleasant for himself by entering into alliance with leading families in SIR LEONARD TILLEY. 261 tlie Province, anionj^ whom the offices were divided, and who enjoyed the distinction of being his advisers in all matters. The home authorities seemed to think that if these families were pleased everything was well, and they claimed as a right the distribution of offices and the control of legislation in a manner which no Colonial IVIinister in his senses would now dream of attempting to exercise. When the Earl of Durham was sent out as Governor General of Canada after the rebellion there in 1838, he suggested in his re])ort that the union of the Colonies of British North America was one of the remedies which ought to be resorted to for the pacification of Canada and the reconstruction of its constitution. Lord Durham, although of high descent and an earl of the United Kingdom, was a strong Liberal, and in face a Radical in his political notions, and as a consequence incurred the hatred of all the aristocratic nobodies who formed British society, and who even at this day are ready to hiss a British Prime Minister of Liberal ten- dencies. Lord Durham was made the object of bitter attacks by the entire Tory body in England, and some actions of his, in which he seemed to have strained the constitution, were made a pretext for his dismissal from office and his disgrace. He died a broken-hearted man, but the principles which he enunciated in his report did not die, but survived to find their full fruition a quarter of a century later at a time when Toryism had less ability to injure, and when it had somewhat modified its views with regard to the Colonies. 262 LIFE AND TIMES OV While a large proportion of the peo})le of the Colonies looked with favor uj)on the idea of a political union, there was in all of them a large body of objectors who were steadily opjjosed to it. People of that kind are to be found in all countries, and they have existed in all ages of the world's history. They are the persons who see in every new movement a thousand difficulties which can- not be surmounted. Their minds are constructed on the ])rinciple of rejecting all new ideas, and hanging on to old forms and systems long after they have lost their vitality. They are a class who look back for precedents for any stej) of a political character which it is proposed to take, and wlio judge of everything by the standard of some former age, and by the answer to the question whether such a thing has ever been heard of before or not. They seem to forget that jirecedents must be created some time or another, and that the nineteenth century has as good a right to create precedents as any of its predecessors. To these people every objection that could be urged against Confederation was exaggerated and magnified, and whenever any proposal was made which seemed to tend towards the union of the Colonies their voices were heard upon the other side. We' need not doubt the honesty or loyalty of these objectors, or con- sider that they were either unfavorable to British con- nection or to the building up of the Empire. It was merely their misfortune that constitutionally they were adverse to change, and could not see any merit in a political movement which involved the idea of novelty. SIR LEONARD TILLEY. 263 The principal advocate of Confederation in the Mari- time Provinces was Hon, Joseph Ilowe, a man of sucli ability and force of character that on a widrr stage he might have risen to great eminence, and have been re^irded as one of the world's mightiest staLe.-.nien. When we contrast the noble figure of Josei)h Howe with some of the nobodies who liavi; been thrust into higli office in Kiiglaiid, even into the I'remierslnj), it is inqjos- sible to restrain a regret that so great a man, one so imperial in his instincts and views, should have been condemned to spend his wliole life in a snudl Province, and to become so dwarfed by its party politics as foi' a time to lose his character as a statesman and sink to the level of a mean politician looking for oflice rather than for the good of his country. When the Confederation ([uestion came up for final discussion in the Aiaritimi! Provinces, Joseph Howe, who had awakened in these Provinces the desire for such a union, was found arrayed against it, and used all his eloquence and power to defeat the measure of which he had been himself the leading advocate, and which he had taught the people of Nova Scotia ami New Bi'unswick to consider essential to their well-being. No more striking instance than ihis can be recorded of the disastrous effect of small Provincial l)olitics on the mind of a great man. The question of the politicial union of the British North American Provinces was brought up in the House of Assembly of Nova Scotia in 34, and then the leaders of both parties, Hon. Mr. Johnston for the Conservatives, 264 LIFE AND TIMES OF jind Hon. Mr, llowu for the Liberals, united in advo- cating the measure and in dei)i('ting the advantage which Avould accrue IVoni it not only to Nova Scotia,hut to every British Province in North America. In 18r»8 tlie (juest- ion of Confederation was brought uj) in the Parliament of •Canada, and such a union was made a part of the policy •of the government, for Mr. A. T. Gait, on becoming 41 member of the administration, insisted ui)on it being made a Cabinet (piestion, and Sir Edward Head, the Governor General, in his speech at the close of the session, intimated that his government would take action in the matter during the recess, Messrs. Cartier, Gait and Ross, who were in England, representing the government of Canada, waited upon the Colonial Secretary, Sir Edward I>ulwer Lytton, asking the authority of the Imperial government for the meeting of re])resentatives from each of the Colonies to take the (question of union into con- sideration, but met with a rebuff, which no doubt was the resTilt of a conference with the other members of the government on the subject. The Earl of Derby, whose son afterwards became Governor General of the Dominion of Canada, was then Prime Minister, and his government had no inclination at that time to enter into so vast a question as the union of the British North American Colonies. The Colonial Secretary informed the Canadian delegates that the question of Confederation was necess- arily one of an Imperial character and declined to authorize the meeting, because no expression of sentiment on the subject had been received from any of the Maritime BTU LEONAKT) TILLEY 205. Provinces except Nova. Scotia. Tlu; Kiul of Derliy'.s government fell a few months after this declaration of its policy in regard to the Colonies, and was succeeded by the •government of Lord I'almerston, which was in oflice at the time when the negotiations, which resulted in the Confederation of the Colonies, were commenced. At Hrsl Lord Palmerston's government seemed t(j have been no more favorable to the union of the Colonies than its prede- cessor ; for in 1862 the Duke of Newcastle, then Colonial Secretary, in a despatch to the Governor fJ(ineral of Canada, after stating that Her Majesty's government was not prej)ared to announce any definite policy on the question of Confederation, added that " If a union, either partial or complete, should hereafter be proposed, with the concurrence of all the Provinces to be united, I am sure that the matter would be weighed in this country both by the public, by Parliament and by her Majesty's government, with no other feeling than an anxiety to discern and promote any course which might be the most conducive to the prosperity, strength and harmony of all the British communities of North America." It must always be a subject of astonishment that the British government for so many years should have had no definite policy on a matter so momentous, and that thev should have sought to dis- courage, rather than otherwise, the project which has been of such vast importance to the Empire as a consolidating force, not onlv by the manner in which Canada itself has been made to serve Imperial needs, but also for the example which it showed to other Colonies of the way in see LIFK AND TLiVIKS OF which tliey could jtreservo tlieir connection witli the mother country, iii)«l at the same time enjoy freedom of action in tlie a(hniniHtratiou of tlunr allairs, while aciiuiriii}^ that consideration and respect which is due to strength and unity. The first im])ulse in favor of Confinleration in the minds of llic iiit'nil)ers of Lord Palmerston's Cabinet seems t(j have developed about the time when it became evident tliat tlie result of tlie civil war in the United vStates would be the defeat of the southern Confediu'acy and the consolidation of the j)ower of the great republic in a more effectual union than that which had existed before. No one who was not l)lind could fail to see that this change of attitude on the part of the Uiuted States would demand a corresponding ciiange in relation to the liritish Colonies towards each other; for from being a mere federation of States, so loosely connected that secession was fre([ueiitly threatened l>y States both niH'th and south, the United States, as the result of the war, had become a nation with a strong central government which luid taken to itself powers never contemplated by the constitution and which added immensely to its offensive and defen- sive strength. In 18(33, Thomas D'Arcy McGee, a member of the Canadian Cabinet and a man of great eloquence and ability, visited St. John and delivered a lecture in the Mechanics' Institute hall on the subject of the union of the Colonies. His lecture was fully reported in the " Morning News," a paper then published in that city, and attracted a wide degree of attention because SIK I.EONAllI) TILLEY. 207 it opoiu'd u|» 11 1H!W HubjeL't of interest for the contein- l)latiou of the people of the Provinces. Shortly afterwards a series of articles on the sauu' siihjcct, written by tiie author of this l)ook, ap})eare(l in the cohunns of the "Morning News," and were widely read and (quoted. These articles followed closely the lines laid down for the nnion of the Colonies by the late I'eter S. Hamilton, a writer of al)ility, whose articles on tlx^ sul)ject were collected in [)ani])hlet form antl extensively circulated. Thus in various ways the pul)lic mind was beinj,' educated on the (question of Confederation, and the doctrine that the union of the British North Anuu-ican Colonies was de- sirable was generally acce}»ted by tlu^ persons who gave any attention to the subj'ect. It was only when the matter came up in a practical form, and as a distinct l)roposition to be carried into effect, that the violent opposition which afterwards developed itself against Confederation began to be shown. The failure of the negotiation for the construction of the Intercolonial Railway had convinced the peojde of New Brunswick that there was nothing to be hoped for at that time in regard to the completion of that great work. Their minds, therefore, were naturally turned towards obtaining railway connection with the United States, and completing the original scheme of the Euroi)ean and North American Railway, which was designed to run from Hali- fax to Bangor by way of St. John, and there connect with the railway system of the United Stiites. The govern- ment of Nova Scotia had already constructed as a part of 2(5H LIFE AND TIMES OF tliiit W(jrk the line tVoiii lliilifiix to Truro, while the j^overniiient of X<;w iJnniswicrk had Imilt tlio lino from JSIiediac to St. John, but th«' portion l)etwe('n Mondon und Truro, which was necessary to (sonnect with Hiilifax, und the. portion bi^twecn St. .I(»hn und FJun^'or, which wus Tieceasury to connect with the I'nited States, still re- iMuined uid)uill, und indeed no ste]) hud been tuken towurds its construction. In St. John u deniund urose for the construction of the ruilwuy to the Muine border us u government work, it beiny' understood thut the line from lianj^'or to the New Bru!iswick boundary, "would be ])uilt if our ]»eople would meet the; Muine ])eople on the border." A numerously signed petition wus sent U}) to the government on the subject, at the session of 1 804, und such a strong pressure was brought to bear upon the administration that it was clear something had to be done to assuasre the threatened storm und to give the j)eople of the Province such ruilwuy facilities as they denumded. It was clearly impossible for the government to comply with the request of the St. John people and their representatives, unless something was done also to aid railway construction in (jther parts of the Province. There always has been in New Brunswick a very con- siderable amount of sectional jealousy on such subjects, and it was not to be supposed that the peojde of the North Shore and up river counties would view with com- placency the proposal to expend a very large sum of money in building the railway to the Maine boundary, while nothing was being done to enable them to obtain JiilK LKONAUI) TILLEY. 269 lailwjiy facilitioM. ITudcr these oircum.stanci^M tlie f^'overn- iiKint resolved iiixm tlic ititniduction of a IJaihvay Faeility Act, ^'iving a Itonus of" SlO,(M)(la iiiile for the constnictiou nf certain railways. Tlie hues einlmiced in tliis Act were II Hue from St. .loliii to the Maine border, witli a hrandi to Fred(!ricton ; ii line from St. Stepiicn to tlic St. Aiuh'ews line, and from the terminus of that line to Woodstock ; a line from some ]ioint between Moncton and Shcdiiu' to the Xova Scotia boumlary; a line from sonu' jioiiit on tlu? Euroi)ean and North American Kailway to llillsboro and Hopewell ; and a line from Moncton north to the Mira- miclii. This bill, when it made its appearance in the House of Assembly was considered by the opposition to be a very absurd measure, and some of the wits of that side of the House named it the Lobster Act, because its provisions seemed to extend to all parts of the Province, like the claws of a lobster. But the result has amply justified the wisdom of Mr. Tilley an,'overnment are prepared to ple(^^re themselves to brinR in a measure next sossion for the purpose of removing? existing difliiiulties, by introtlucinj? the federal principle into Canada, coupled with such provision as will |)ermit the Maritime Pro- vinces and the North WcHt Territory to be incorporated into the same system of ^rovertiinent. And the j?overnment will seek, by sendinjj representatives to the Lower Provinces and to Enjiland, to secure the assent of those interests whi(;li are beyond the control of our own lejjislation, to such a measure an may enable all British North America to be united under a j;eneral Lcfrishiture based upon the federal prin- ciple. Mr. Brown was very reluctant to enter the Cabinet for the purjjose of carrying out this proposal, but his presence in it was considered indispensable, and on the thirtieth of June when the House was prorogued a new government was aimounced of which the Hon. George Brown and Messrs. Mowatt and MacDougall, two other prominent Reformers, were members, they having talten the place of Messrs. Foley, Buchanan and Simpson in the existing administration. Thus a coalition had been formed between the leaders of the Reform and Conservative parties, for the purpose of carrying a measure for the confederation of the British Provinces of North America. It is easy to see from the tenor of the negotiations that nothing short of the emergency which had arisen in Can- ada could have induced the leaders of the Reform party there to join with Conservatives in this movement, nor is it likely that the latter would have troubled them- SIR LEONARD TILLEY. 279 selves about the matter had they not been influenced by the same motive. The necessities of Canada, in a polit- ical sense, alone brought about the existence of the jtresent ^reat Dominit>n which stretches from ocean to ocean. The delegates appointed by the government of New Brunswick for the ])ur})ose of representing this Province at Charlottetown in the convention for a union of the Mar- itime Provinces, were the Hon. Messrs. Tilley, Steeves, Johnson, Chandler and Gray. The first three were members of the government, while Messrs. Gray and Chandler were leading members of the opposition, so that the arrangement had the assent of the leaders of both political parties and was in no sense a party movement. The Nova Scotia delegation consisted of Hon, Chas. Tuppei', the leader of the government, the Attorney Gen- eral, Mr. Henry, and Mr. Dickey, a Conservative sup- porter, and also the Hon. Adam G. Archibald and Jonathan McCuUey, leaders of the Liberal party. The Prince Edward Island delegates were also chosen from both sides of politics. The convention was opened iii due form at Charlottetown on September 8th, in the chamber of the House of Assembly. The delegations had no power to decide finally on any subject, because any arrangements they made were necessarily subject to the approval of the Legislatures of the three Maritime Provinces. But at this time the sentiment in favor of Maritime union was so strong it was confidently believed that whatever was agreed upon at Charlottetown would become the basis of a future union. 2H0 LIFE AND TIMKH OF The govcrninent of Canada had full knowledge of what was going on at Charlottetown, and they considered the time opportune for the pmjtose of bringing to the notice of the deh^gates from the Maritime Provinces the subject of a confederation of all the British North Am- erican colonies. A telegram was received while the delegat(fs were in session announcing that representatives of the government of Canada had left (Quebec for the })urpose of meeting the delegates of the Maritime Provinces, and placing certain ])roposals before them, and on the receipt of this message the further con- sideration of the (question which they had met to discuss was deferred until after the Canadian dele- gates had arrived. They came in the government steamer "Victoria" on the day following the receipt of the telegram announcing their (le])arture, and were found to •embrace the leading men then in Canadian public life, the Hons. J. A. Macdonald, George Brown, George ¥j. Cartier, Alex. T. (Jalt, Thomas D'Arcy McGee, Hector L. Langevin, William MacDougall and Alex. Campbell. Those delegates represented the Reform as well as the Conservative party, and were therefore able to speak ■with authority with regard to the views of the people of "both Upper and Lower Canada. They were accorded seats in the convention, and at once submitted their reasons why in their opinion a scheme of union, embrac- ing the whole of the British North American colonies, should be adopted. The Hon. John A. Macdonald and Messrs. Brown and Cartier were heard on this subject, SIR LKONAKI) TILLKY. 281 * the financial position of Canada was explained, and the sources of revenue and wealth of the several Provinces were discussed. Speeches were also made by Messrs. (Jalt, McGee, Langevin and MacDougall, and after having commanded the attention of the convention for two days the Canadian dejtutation withdrew, liefore doing so they hnd proposed that if the convention concluded to suspenrtnight in the government before he began to realize the fact that his influence in it was quite overshadowed by that of Mr. Smith and Mr. Anglin, although neither of them held any office. Mr, Wilmot was a man of al)ility, and of strong and resolute will, so that this condi- tion of affairs became very di.stasteful to him and his friends and led to conse(iuences of a highly important character. , • The new government had not been long in existence before rumors of dissensions in its ranks became very common. Mr, Wilmot made no secret to his friends of his dissatisfaction, and it was also understood that other members found their position er^ually unpleasant. An element of difficulty was early introduced by the resigna- tion of the Chief Justice, Sir James Carter, who found it 298 LIFE AND TIMES OF necessary, in consequence of failing health, to retire from the Bench. Sir James Carter resigned in September, 1865, and it immediately became requisite to fill his place. The Hon. Albert J. Smith, the leader of the governraent, had he chosen might have then taken the vacant position, but he did not desire to retire from political life at that time, and the Hon. John C. Allen, his Attorney General, was appointed to the Bench as a puisne Judge, while Hon. Robert Parker vvas made Chief Justice. The latter, however, had but a few weeks to enjoy his new position, dying in November of the same year, and leaving another vacancy on the Bench to be filled. Again as before, the Hon. Mr. Smith declined to go on the Bench, and the Hon. John W. Weldon, who had been a long time a member of former Legislatures, and was at one time Speaker, was appointed to the puisne judgeship, and the Hon. William J. Ritchie made Chief Justice. The entire fitness of the latter for the position of Chief Justice made his appointment a popular one, but he was the junior of the Hon. Lemuel A. Wilmot as a Judge, and the Hon. R. D. Wilmot, who was a cousin of the latter, thought the senior judge should have received the appointment of Chief Justice. His disappointment at the office being given to another, caused a very bad feel- ing on his part towards the government, and he would have resigned his seat forthwith, but for the persuasions of some of those who were not friends of the government, who intimated to him that he could do them a great deal more damage by retaining his seat, and resigning at the SIR LEONARD TILLEY. 299 proper time than by abandoning the government at that moment. Mr. Wilmot remained in the government until January, 1866, but although of their number his heart was estranged from them, and he may properly be re- garded as an enemy in their camp. Mr. Anglin also had difference with his colleagues with regard to railway matters, and he resigned his seat early in November, 1865 ; still he gave a general support to tlie government although no longer in its councils. But the most severe blow which the government received, arose from the election in the County of York which fol- lowed the seating of the Hon, John C. Allen on the bench. The Confederation party had b'^en so badly beaten in York at the general election that no doubt was felt by the government that any candidate they might select would be chosen by a very large majority. The candidate selected to contest York by the government was Mr. John Pickard, a highly respectable gentleman, who was engaged in lumbering, and who was extremely popular in that county, in consequence of his friendly relations with all classes of the community and the amiability of his disposition. Mr. Pickard would have been an ideal candidate had he been a better speaker, but he never pretended to be an active politician, and therefore stood at a disadvantage as compared to some men of no better ability but of greater eloquence. The Hon. Chas. Fisher was brought forward by the Confederation party as their candidate in York, although the hope of defeating Mr. Pickard seemed to be desperate, for at the previous LIFE AND TIMES OF election Mr. Fisher had only received 1226 votes against 1799 obtained by Mr. Needham, who stood lowest on the I)oll among the persons elected for York. Mr. Fisher's abilities have already been snificiently referred to in this work, and it need only be said that by his conduct in the , York campaign, which resulted in his election, he struck a blow at the anti-Confederate Government from which it never recovered. His election was the first dawn of light and hope to the friends of Confederation in New Brunswick, for it showed clearly enough that whenever the people of this Province were given another opportu- nity of expressing their opinion on the question of Con- federation, their verdict would be a very different one from that which they had given at the general election. Mr. Fisher beat Mr. Pickard by 710 votes, receiving 701 votes more than at the general election, while Mr. Pickard's vote fell 572 below that which Mr. Needham had received on the same occasion. SIR LEONARD TILLEY. 301 CHAriEK X. Among the causes that had assisted to defeat Confeder- ation in New Brunswick, when the question was first placed before the people, was the active hostility of the Lieutenant Governor, Mr. Arthur Ha)nilton Gordon, a son of that Earl of Aberdeen who was Prime Minister of Eng- land at the outbreak 'f the Crimean war. Mr. Gordon had been a strong advocate of Maritime Union and had anticipated that he would be the first Governor of the United Province of Acadia, or by whatever name the Maritime Union was to be known. He was therefore greatly disappointed and annoyed, when the visit of the Canadians to Charlottetown, in September, 1864, put an end to the conference which had met for the purpose of arranging the terms of Maritime Union. While a Governor cannot take a very active part in political matters in this Province, he may stimulate others to hostility or to a certain course of action, who under other circumstances would be neutral or inactive, and there is reason to believe that some of the men who were most prominent in opposing Confederation at the general election of 1864 were mainly influenced by the example of the Lieutenant Governor. Confederation, however had been approved by the British Government after the terms 802 LIFE AND TIMES OF arranged at Quebec had been submitted to it in a despatch from the Governor General, and those officials in New Brunswick and elsewhere who expected to find support in Downing street in their hostility to Confederation were destined to be greatly disappointed. Not long after the new government was formed in New Brunswick, Mr. Gordon returned to England, and it is generally believed that he was sent for by the home auuiorities. Instead of meeting with a flattering reception on the ground of his opposition to Confederation, he is believed to have been compelled to submit to a stern reproof for his anti-consti- tutional meddling in a matter which did not concern him, and to have been given decidedly to understand that if he returned to New Brunswick, to fill out the remainder of his term of office, it must be as one pledged to assist in carrying out Confederation and not to oppose it. When Mr. Gordon returned to this Province he was an entirely changed man, and whatever influence he was able to exert from that time forward was thrown in favor of Con- federation. Another cause M'hich made Confederation more accept- able to the people of this Province arose from the threats of the Fenians to invade Canada, which were made dur- ing the year 1865 and which actually resulted in armed invasions during the following year. Although there was no good reason for believing that the opponents of Confederation were less loyal than its supporters or less inclined to favor British connection, it was remarked that all the enemies of British connection seemed to have got SIR LEONARD TILLEY. 303 into the anti-Confederate camp. The Fenian movement had its origin in the troubles in Ireland, arising out of oppressive land laws and other local causes, and it soon extended to America where the politicians found it useful as a means of increasing their strength among the Irish people. At that time there were in the United States many hundreds of thousands of men who had recently been disbanded from the army at the close of the civil war, and who were only too ready to embrace any new opportunity of winning for themselves fame and rank on other fields of glory. Among these disbanded soldiers were many Irishmen, and it soon came to be known that bands of men could be collected in the United States for the invasion of this country with the avowed object o driving the British Hag from this continent and substitut- ing the stars and stripes. It was impossible that the people of Canada could view without emotion these preparations for their undoing, and in New Brunswick especially, which was the lirst Province to be threatened, the Fenian movement materially assisted in deciding the manner in which our ])eople should vote on the great question of Confederation when it came a second time to be submitted to them. The House of Assembly met on the 8th March, 1866, and the speech from the throne, delivered by the Lieuten- ant Governor, contained the following paragraph : — " I have received Her Majesty's commands to communicate to you a correspondence on the affairs of P>ritish North America which has taken place between Her Majesty's 304 I. IVE AND TIMES OF principal Secretary of State for the Colonies and the Gov- ernor General of Canada ; and I am further directed to express to you the strong and deliberate opinion of Her IMajesty's government that it is an object much to be desired that all the British North American Colonies should agree to unite in one government. These papers will immediately be laid before you." This paragraph was not inserted in the speech without considerable pres- sure on the part of the Lieutenant Governor, and it excited a great deal of comment at the time because it seemed to indorse the principle of Confederation, although emanating from a government which had been placed in power as the result of an election in which Confederation had been condemned. When this portion of the speech was read by the Lieutenant Governor in the Legislative Council Chamber the crowd outside the bar gave a hearty cheer, a circumstance which never occurred before in the Province of New Brunswick, and perhaps not in any other British Colony. The members of the House favorable to Confederation immediately took up the matter and dealt with it as if the government had thereby pledged themselves in favor of that policy, and indeed there was considerable excuse for such inferences. When the secret history of the negotiations between the Lieutenant Governor and his advisers, prior to the meeting of the Legislature, comes to be told, it will be found that at least some of the mem- bers of the government had given His Excellency to understand that they were prepared to reverse their SIR LEONARD TILLEY. 801 former action and to adopt Confederation. The ditticulty, however, with them was that they feared tlieir own sup- porters, and thought that if they made such a movement they would lose the favor of those who had placed them in power, and this inference was certainly a very natural one. As soon as the House met it was discovered that Mr. A. R. Wetraorc, "d Honorable Gentlkmkn of the Legislative Council : 1 will immediately transmit your address to the Secretary of State for the Colonies, in order that it may he laid at the foot of the Throne. Her Majesty the Queen has already heeu pleased to express a deep interest in the union of her North American Dom- inions, and will no douht graciously ai)preciate this decided expression of your opinion. I rejoice to helieve that the avowal of your desire that all British North America should unite in one community, under one strong and efficient government, cannot but tend to hasten the accomplishment of this great measure. The Council would subjoin a copy of the address referred to in the above. 308 LIFE AND TIMES OF "To TUB tiiKKN'H Moot Graciouh Majihty : " MoHT (^RACioim SovEKKiQN, — We, Your Mrtjeflty's faithful and loyal subjects, the Le^'islativo Council of New Brunswick, in Trovincial Parliament asHoiitbled, humbly apiiroach Your Maj- esty with tho conviction that u union of all Tour Majesty's North American Colonics, based on the msolutions a(lo])ted at the conference of dele).'ateH from tho several colonies bad at (Quebec on the lOtli day of October, liS()4, is an object hij^hly to be deHired, essential to their future ])roHi>erity and inlluence, and calculated alike to streni;thHn and perpetuate the ties which bind them to Your (IraciouH Majesty'H Throne and (iovernment, and humbly pray that Your Majesty may be > true spirit of the constitution. In V'-^ connection the Council would bejj; to refer to liie state- m'tit . ended herewith, Kivin<.' an account of the two interviews Iwt'.veon Your Excellency atid tlie Attorney General. The reply so ^iven Ity Your Excellency to tho Lejiislative Council is a dis- tinct and emphatic api)roval oftlieir proceedings, the re8j)on8ibil- ity (if which your advisers are unwilliny; to assume for the foUowiiif^ reasons : 1st. That in any measure involvinj^an orj^ani' cliuni^e in the constitution and political rights and privileges of (he peopb, they should be consulted, and unless approved of by them, no such measure should be adopted or forced upon them. 2nd. Tliat in March last a dissolution took place, professedly with a view to ascertain the sense of the people upon the Quebec scheme, and they pronounced unmistakably against its adoption by large majorities. HIH LKONAKI) TILKKY. :M)9 3rd. That the repreNontation of the ])eo))lo at the hiHt HOHHion of the Ij«(;iHhiture pasMed resolutioDS ooiuteiunutory of auch Hcheme by a majority of 29 to 10. 4th. That the Tj«*KiHhitive Counoil are not eloctml by tho |)OopIe and are not constitutionally responHible to thetn for their lo);is- bitivo conduct and have no ri(-'htful authority to pray Her MajeHty to jrive elFect by Im|>erial levtislation to any meanure wJiich the people have rejected. 6th. That HMch proceedinj; vioiateH every principle of rPHjKjn- aibility and Helf yovernmcint, and is §ubverHivo of the ri^'htH and liberties of the people, and seeks to take from ttiom their constitu- tion not only without their consent, but against their clearly ex- pressed wishes. 6th Ti)at such a course is calculated to brin^' the Le^'islative Council and House of Assembly into collision and disturb the harmony that siiould subsist between them, and manifests an entire disrejjjard of the power and majesty of the i>eoplo. That tho Le^^islative Council have a legitimate rij;ht to ex- press their opinion upon any public (luestion the Council do not deny, but to invoke the aid of the British (Jovernment to coerce the i)eople into Confederation is a proceedinj;, in the opinion of this Council, without parallel and wholly unwarrantable. The Council would furtlier remark that they have jjood cause to be- lieve Your iiiXcellency has, ever since the opening of the legis- lature, consulted and advised with vjentlemen of the opposition and made known to them matters which they think should be regarded as contidential. Tliis we feel Your Excellency has con- tinued to do notwithstanding tl»e repeated objections of one or more members of the Council, who told Your Excellency that it was not right and that it gave the opposition a decided advantage in the debate then pending, and Your Excellency having taken the advice, as they truly believe, of a gentlaman of the opposition as to the answer given to the Legislative Council on Saturday last, instead of that of your constitutional advisers, they would respectfully express their conviction that such a course was un- constitutional and without precedent in any country where re- sponsible government exists. The Council would further state that the Government were sup- ported by a majority of the members of the House of Assembly, 310 LIFE AND TIMES OF of which faf't Your Excellency was luUy aware. Under these circumstances the undersigned would beg re8i)e(!tfully to tender to Your Excellency the resignation of their otHces an Executive Councillors. Respectfully submitted, A. .1. Smith, B. BoTSFORD, John W. C'udup, Gkokoe L. Hathewav, W. H. Odkll, J. V. Troop. MEMORANDUM OF CONVERSATION BETWEEN HIS EX- CELLENCY AND MR. SMITH. On Saturday the 7th inst., about 11 o'clock, I called at Govern- ment House and had an interview with His Excellency, and in the course of conversation the proceedings of the Legislative Council were referred to, when I spoke in terms of disapproval of the course which they adopted in reference to the subject of union. Something was said about the presentation of the ad- dress and His Excellency's reply thereto, when he asked me what answer I would adviS'-^ I replied that in my opinion the answer to be given should simply be that he would transmit it to Her Majesty. His Excellency said that he would think of it and see me again. He did not state that he intended to receive them that day and I had not the most distant idea that he in- tended to do so. I then parted from him. A few minutes before three o'clock of the afternoon of the same day, in my place in the House of Assembly, I received a note from him saying that he wished to see me at once. I immediately repaired to Govern- ment House, and after a short conversation with him upon other matters, he informed me that he was going to receive the Legis- lative Council with their address at three o'clock. I expressed my disapproval of it and complained that lie had not advised with his Council before preparing it; that as they were respon- sible for it they should at least be consulted before it was given. He remarked that if they did not approve of it they could relieve themselves of responsibility. I replied, even if that were true SIR LEONARD TILLEY. HU was it courteous and fair that the Council siiould be treated in that way ; that what tiiey asked from His Excellency was fair play, not as a favor, but as a matter of ri , 'J • I •/. . ' •■" .. 816 LIFE AND TIMES OF requisite sanction for the adoption of such a course mijjjht be obtained if the messaijre transmittiiij? the papers on that subject to the legislature, were referred to a joint committee of both houses, with an understanding that that committee should report in favor of a measure of union. His Excellency replied that he had no objection to such a course, provided it was already understood beforehand, but that reference was to be made only with a view of rendering it easier for the government to adopt a course which they had themselves in any caee resolved to pursue, and with no intention to cast upon the committee the duty of finding a policy for the govern- ment, for that a reference of such a description, besides involving an abdii'ation of their proper functions as a government, would cause much delay, and might after all terminate in a report unfavorable to union, in which case it was needless to point out to him, that so far from any progress having been made in the desired direction, the position of the cause would have been materially injured. Mr. Smith answered that he could not beforehand formally pledge a committee of the legislature, but that in making himself responsible for the recommendation of such a course, it would be with the view of honestly carrying out the policy so indicated. The committee having reported, the next step to betaken appeared to His Excellency to be the introduction by the government of an address to the Queen, praying Her Majesty to take steps for the accomplishment of the union, and His Excellency drew out the rough outline for such an address, similar in substance to that adopted by the Canadian Parliament, but adding a representation that portions of the scheme agreed to at Quebec were received with apprehension and alarm by a great part of the people of this and the adjoining Provinces, and a prayer that Her Majesty would be pleased in the preparation of any Imperial act to effect the desired union, to give just weight to the objections urged against such provision on their behalf, to which proposal His Excellency understood Mr. Smith to assent, and his impression to that eflFect is con- firmed by finding it so stated in a note made at the time and read by His Excellency a few days subsequently to Mr. Smith, and in the despatches based on these notes, addressed by His Excellency to the Secretary of State for the Colonies. Mr. Smith SIR LEONARD TILLEY. 317 has lately, however, assured His Excellency that he only meant that such an address might grow out of the committee, but he did not int«nd to pledge himself in the first instance to propose it. A controversy in respect to the words used in conversation and the meaning intended to be conveyed by them is seldom capable of satisfactory settlement, and it is not His Excellency's intention to discuss the greater accuracy of Mr. Sniith's memory or his own. Whatever the precise nature of the course agreed to on the 17th February was, it was one to which it was felt that it would be more difli(!ult to reconcile the friends and supporters of the government than its actnal members, and Mr. Smith left Fredericton in order to prepare al! his principal adherents for the altered policy he profess d to j^ursue, asking His Excellency to observe the strictest secrecy on the subject until his return to report either tlie ac^quirsence of his friends < r the failure of His efforts. Mr. Smith on his return infrmed His Excellency on the 2nd of March that his party generally were willing to assent to the course which he had consented to pursue. It wiis accordingly agreed to insert in the spee.-li on tlie opening of the session the reconimendation of Confe.leration made by Her Majesty's governjnent, as early as possible, to move the aj)point- ment of such a joint committoe of both ]ioiisl>s of the legihlaturo as should ensure the adoption of the S'heme of union, whilst the objections to the Quebet; scheme should bo carofully weiglied and examined at the same time by tlie committ^'C. What the precise alterations in that scheme were which would have satisfied Mr. Smith, Flis Excellency was never able exactly to learn, but he found tiuit representation according to population, to which he cntertaint'd a strong ribjectinn, woulJ not be regarded by him as an insup- rible obstacle to union, shoulJ a l.irjer shiiro of representation be se.;ured ti .New Brunswick in the upper branch of the proposed FeJeral legislature. His Excellency con- sidering that "^lio speedy accomplishment of a measure of union was now a matter of absolute certainty, addressed to Mr. Smith on the 7th of Ivlarch, a letter of which the following is an extract: "I have been much gratified, though not surprised to find that you are disposed to approach the question of union as it now pre- sents itself in a large and statesman like spirit, and to realize as 318 LIFE AND TIMES OF fiK^tH the necessities winch are imposed by the actual condition of affairs. Tliore is nothing wliicli more distinf^uishes a states- man from a man in(!<»m{)etont to otiicts held by them. Hiw Exoellency Mccei)tH tiiosc^ roHiKnatioiiw witli re^rrct. His ndutions witii ids advisers during' the past year liavo been harmonious and cordial ; for many among tlieir nund)er he entertains stronj: feelin^rs of personal esteem ; nor eun he forj^et to acknowledge the attention which his views have generally received at their hands, or the readiness with which his wishes have on most occasions been met by them, but he lias no doubt as to the course which it is his duty to pursue in ol)edit'nce to his Sover- eign's commands and in the intensts of the people of British North America. His Excellency nuiy be in error, but h(^ believes that a vast change has already taken place in the opinions held tin the subject in New Brunswick. He fully anticipates that the House of Assembly will yet return a response to the communi- cation made to them, not less favorable to tlie principle of union than that given by the upper house, and in any event he relies with coniidence on the desire of a great majority of the people of the Province to aid in building up a powerful and pros|)eroiis nation under the Sovereignity of the British Crowji. To this verdict His Excellency is perfectly ready to appeal. His Excellency thinks it right, also, to state that his reply was prepared by himself alone, and that the Council are in error in supposing that its terms were the subject of advice from any member of the opposition. His Excellency does not admit the entire accuracy of Mr. Smith's reports of his conversation with him aj»pended to the minute of Council, but at the same time readily acknowledges that the diflerence between his own impression of these conversations and that of Mr. Smith, is only buch as might naturally arise under the circumstances. Mr. Smith has, liowever, omitted to state that at his first inter- view His Excellency pointed out, as he had frequently done before, the embarrassing results of the non-avowal of his union policy, and observed that the Legislative Council had now passed an address, at the adoption of which he would probably feel obliged to express satisfaction. U 322 LIFE AND TIMES OF TluH is a mutter of infinitely Iuhh importuncft to tlie public, and will be very shortly dealt with by His Excelloiu-y. Altlicm^h His Excolh'ncy haw mot at all times with the utmost t:ourU'sy and i-oiiHidcratioi) from the members of his ^overninont, it would be a source of sinceni re^tn't to him to l)elieve that he was justly liiible to any imputation of such a nature. That a leudiu); mem- ber of the opi)08ition was more than once communicated with by His Excf Uency is perfectly true. This communication was made with Mr. Smith's full knowied^'e, and in the belief on His Excellency's part that it wouhl facilitate Mr. Smith's accomplish- ment of the end in view. Nor was it until u very lute jK'riod that his Excellency relinciuished the hoiH* of seeing a combiiui- tion oll'ectod to smootti tlie pussu^re of the contemplated resolutions. The liieutenunt (ioveruor of course feeLs that previous communications between himself and his udvisers, as to any step he is about to tike, when practicable, both desirable and convenient, and it was His Excellency's full intention to luive afl'orded the Council ample opportunity for the consideration of his reply, and he much regrets that accident should have frus- tratt^d his intention. The committee of the Lc^iislative Council did not wait on His Excellency till about 12 o'clock, and until that address was before him he could not oflicially communicate with the Council on tlie sul)ject of his reply. Immediately on its reception he sent for Mr. Smith, inUmdinjj; to put the draft reply into his hands and recjuest him to communicate it to his <.'ollea}?»ie8. Mr. Smith, however, appears not to have received His Excellency's note until half past two o'chjck. So strong was His Excellency's wish that the contents of his reply should be known to the Council before its delivery, that when His Excel- lency left the room, as stated by Mr. Smith, it was not as that gentleman sujjposes to consult with a member of the opposition respecting the omission or retention of a paragraph in his reply, a point on which His Excellency received no advice from any other person than Mr. Smith, but for the purpose of ascertaiuing whether it might not even then be possible ti) postpone the reception of tlie address for a few hours. He found, however, that it would have been impossible to do so without gross dis- courtsey to the Legislative Council. [Signed] Arthir Gorik)x. Fredericton, April 12, 1866. SIU J.EONAItl) TILLKY. 323 The Lieutenant Governor oall«Ml upon the Hon. IVtor Mitchell, who was a member of the Lej^iHlative Council, to form a j^overnment. Mr. Mitchell liad been very active in the cause of Confederation, and was the movin^i; spirit in the Legislative Council in all the jnoceedings in favor of Confederation in that body; but when asked to form a new government, he advised the Lieutenant (lovernor that the proper person to undertake that responsibility was the Hon. Mr. Tilley. The latter, however, declined the task on the ground that he was not a member of the Legislature, and then Mr. Mitchell associated with him- self the Hon. Mr. Wilmot for the purpose of forming a new government. The government was announced on the 18th of April, and it was formed as follows : — Hon. Peter Mitchell, President of Council; Hon. S. L. Tilley, Provincial Secretary ; Hon. Charles Fisher, Attorney General; Hon. Edward Williston, Solicitor General ; Hon. John McMillan, Post Master General ; Hon. A. Pt. Mc- Clelan, Chief Commissioner of Public Works ; Hon. R. I). Wilmot and Hon. Charles Connell, members without office. The latter afterwards became Surveyov General. While this government was being formed in New Brunswick a Fenian army was gathering upon the border for the purpose of invading this Province. This force consisted of four or tive hundred young men, most of whom had been in the army of the United States. It was recruited at New York, and its chief was a Fenian named Doram Killian. A part of his force arrived at Eastport on the 10th of April, and a schooner laden with 324 hlFE AND TIMES OF arms for the Fenians soon after reached that place. From this schooner, whili was afterwards seized by the United States, one hundred and seventeen cases of arms and ammunition were taken, a clear proof that the intentions of the Fenians were warlike and that their presence on the border was not a mere demonstration. The Fenians appeared to have been under the impression, as many residents of the United States are to this day, that the people of Canada and of New Brunswick were dissatisfied with their own form of government, and were anxious to come under the protection of the stars and stripes. This absurd idea was responsible largely for the war of 1812, and it has been responsible since then for many other demonstrations with respect to the British Provinces of North America, in which residents of the United States have taken part. There never was a greater delusion than this, and in the instance referred to the Fenians were doomed to be speedily undeceived. The presence of a Fenian force on the border sounded like a bugle blast to every able-bodied man in New Brunswick, and the call for troops to defend the country was instantly responded to. About one thousand men were called out and marched to the frontier. The troops called out con- sisted of the three Battalions of the New Brunswick Eegiment of Artillery, seven companies of the St. John Volunteer Battalion, one company of the First Battalion of the York County Militia, one company each of the First and Third Battalions of the Charlotte County Militia, and two companies each of the Second and Fourth SIR LEONARD TILLEY. 325 Battalions of the Charlotte County Militia. These troops remained in arms on the frontier for nearly three months, and were disemhodied by general order dated the 20th of J une. The Fenian raid ou New Brunswick jnoved to be a complet fiasco. The frontier was so well guarded by the New Brunswick Militia and by British soldiers, and the St. Croix so thoroughly patroled by British warships that the Fenians had no opportunity to make any im- pression upon the Province. It ought to be added that the United States government was prompt to take steps to prevent any armed inva,sion, and General Meade was sent down to Eastport with a force of infantry and a ship of war to prevent the Fenians from making that place a base of operations against these Provinces. The general elections to decide whether or not New Brunswick was willing to become confederated with Canada were held in May and June. The first election was that for the County of Northumberland, on the 25th of May, and the result was that the four candidates who favored Confederation, Messrs. Johnson, Sutton, Kerr and Williston, were elected by large majorities. The same result followed in the County of Carleton, where the election was held on the 26th of May, Messrs. Connell and Lindsay being elected by a vote of more than two to one over their anti-Confederate opponents. The third election was in Albert County on the 29th,and there Messrs. McClelan and Lewis, the two candidates in favor of Con- federation, were triumphantly returned. On the 13th day of May, elections were held in Restigouche and Sunbury, 326 LIFE AND TIMES OF and in these counties the candidates in favor of Confeder- ation were returned by large majorities. The York election came next. In that county the anti-Confederates had placed a full ticket in the field, the candidates being Messrs. Hatheway, Fraser, Needham and Brown. Mr. Fisher had with him on the ticket Dr. Dow and Messrs. Thompson and John A. Beck with. Every person ex- pected a vigorous contest in York, notwithstanding the victory of Mr. Fisher over Mr. Pickard a few months be- fore. But to the amazement of the anti-Confederates in other parts of the Provinces, the Hon. George L. Hatheway and Dr. Brown, another anti-Confed- erate candidate, retired after nomination day and left Messrs. Fraser and Needham to do battle alone. Mr. Hatheway's retirement at this time was a death blow to the hopes of the anti-Confederates all over New Brunswick, affecting not only the result in the County of York, but in every other County in which an election was to be held. A few nights before his resigna- tion, Mr. Hatheway had beer in St. John, addressing a packed meeting of anti- Confederates in the hall of the Mechanics' Institute, and he had spoken on that occasion with all the insolence and apparent confidence which were a part of his political stock in trade. When his friends in St. John, who had been so much moved by his vigorous eloquence, learned that he had deserted them, their indignation was extreme, and they felt that matters must indeed be in a bad way when this blatant and un- principled demagogue did not dare to face the York / „ SIR LEONARD TILLEY. 327' electors. The result was that in York, Messrs. Fraser and Needham were simply snowed under, and the Con- federate candidates elected by a vote of more than two to one. The election in the County of St. John was held on the 6th of June and that in the City on the 7th. For the County the Confederate candidates were Messrs. C. N. Skinner, John H. Gray, James Quinton and E. 1). Wilmot, and the anti-Confederate candidates were Messrs. Coram, Cudlip, Robertson and Anglin. The former were elected by very large majorities, Mr. Wilmot who stood lowest on the poll among the Confederates, having a majority of 600 over Mr. Coram, who stood highest among the defeated candidates. The election for the City was an ecjually emphatic declaration in favor of Confederation. The candidates were the Hon. S. L. Tilley and A. R. Wetmore on the Confederate side, and J. V. Troop andS. R. Thompson opposed to Confederation. Mr. Tilley's majority over Mr. Troop, who stood highest on the poll of the two defeated candidates, was 726. The only Counties which the anti-Confederate party succeded in carrying were Westmorland, Gloucester and Kent, three counties in which the French vote wa^s very large, so that of the forty-one members returned only eight were opponents of Confederation. The victory was as complete as that which had been recorded against Confederation in the beginning of 1865. The battle of Confederation had been won, and the triumph was largely due to the efforts of Hon. Mr. Tilley. That gentlemen, as soon as the defeat of Confederation 328 LIFE AND TIMES OF took place in Marcli, 1865, had couimenced a campaign for the purpose of educating the peoi)le on the subject of Confederation. Being free from his official duties and having plenty of time on his hands, he was able to devote himself to the work of explaining the advantages of the proposed union to the people of this Province ; and dur- ing the years 1865 and 1866 he spoke in almost every /county on the subject which was so near to his heart. He had embraced Confederation with a sincere desire for the benefit of his native Province, and with th^ belief that it would be of the greatest advantage to New Bruns- wick. If the fruits of Confederation have not yet all been realized that has been rather due to circumstances over which neither Mr. Tilley nor anyone else had any control, than to any inherent vice of Confederation itself. If union is strength then it must be admitted that the union of the British North xlmerican Provinces which consolidated them into a powerful whole was a good thing, and there cannot be a doubt that if the Provinces had remained separate from each other their present position would have been much less favorable than it is now. One of the great objects of Confederation was the construction of the Intercolonial Railway from St. John and Halifax to Quebec. It was thought by our people that there could be no real union between the several Colonies of British North America unless a good means of communication existed, and such a means was to be found only in the construction of this line of railway. The In- SIR LEONARD TILLEY. 829 tercoloiiial railway, as we have seen, had been a part of the policy of successive governments in the Province for many years, and it became an essential ])art of the scheme of Confederation. When Confederation was accepted by the people of New Brunswick in 1866, the Intercolonial Rail- road had yet to be built. Western Extension, as the line to the Maine border was called, had only been commenced; Eastern extension, from Shediac line towards Halifax, was in the same condition ; in fact the total mileage of the railways in New Brunswick did not exceed 200, and these lines were isolated from each other and formed no pait of any complete system. New Brunswick now has three separate lines of railway leading to Quebec and Mon- treal ; it is connected with the great railway system of this continent ; there is no county in the Province which has not a li'' af railway traversing it ; and the mileage has riseLi ^rom less than two hundred to more than fourteen hundred. If Confederation had produced no other fruits than the increase of our railway facilities surely it muet be admitted to have been useful to this Province. Mr. Tilley realized wuth the eyes of a statesman that the time had coriie when the communities which form the British Provinces of North America must either become politi- cally connected with each other or else fall one by one be- neath the influence of the United States. After Confeder- ation had been brought about between Quebec, Ontario, New Brunswick and Nova Scotia, enough was seen in the conduct of American statesmen towards Prince Ed- ward Island to show that their design was to divide and 330 LIFE AND TIMES OF conquer, and to try to create a separate interest in these colonies apart from the general interest of Canada. The acceptance of the scheme of Confederation by Prince Ed- ward Island at a comparatively early period, put an end to the plots in that quarter, but in the case of Newfoundland the same thing has been repeated, and an attempt was made by American statesmen to cause the people of that Island to believe that their interests and those of Canada are not identical, and tliat they would be favored by the United States if they showed themselves hostile to the great Dominion. The attitude of the people and Congress of the United States towards Canada has generally been one of hostility. They saw in Confederation an ar- rangement that was likely to prevent this country from ever becoming annexed to tlieir own, and they believed that by showing hostility to us with respect to the tariff and other matters, and limiting the area of our commercial relations, they could put such pressure upon Canada as would compel our people to unite with them. This scheme has failed because it was based on a mis- conception of the spirit of our people, but who will say that it would not have succeeded if the several Provinces, which now form Confederation h'>d been disunited and unharmonious in their relations and pur- sued different lines of policy ? It is unfortunate that the reporting arrangements of the newspapers during the campaign of Confederation have made it impossible to reproduce any of Mr. Tilley's speeches during that eventful time. No Speaker that SIR LEONARD TILLEY. 331 New Brunswick has ever produced has been more gen- erally acceptable than was Mr. Tilley, his speeches being pointed and addressing themselves to his hearers in such a clear fashion that they really could not be misunder- stood. Mr. Tilley possessed to a very large extent that magnetism which enabled him to retain the attention and awaken the sympathy of his audiences. At all the meet- ings which he addressed there were many who regarded themselves always as his friends and supporters and who formed a phalanx around him, giving him a confidence and political strength which few statesmen have ever enjoyed to a like extent. Although his addresses fre- ({uently provoked the bitter animosity of his enemies he had always enough friends to counteract their influence, and during the many contests which he had to fight for his seat in the city of St, John he was always able to rely on the loyalty of those who were his early associates and who remained his supporters until the end of his career. It is quite safe to assert that Confederation could not have been carried out had it not been for the personal efforts of Mr. Tilley. As the leader of the government, which had consented to the Quebec scheme, he was properly looked upon as the chief promoter of Confeder- ation in New Brunswick, and his name will go down to future generations identified with that large and neces- sary measure of Colonial statesmanship. After the elections were over and Confederation had been carried, the "Morning Telegraph" of St. John, which had been an ardent supporter of the scheme, made up a 332 LIFE AND TIMES OF Statement which .sliowed that 55,(365 votes had been cast throughout the Province for candidates in favor of Con- federation, while only 33,7(17 votes had been cast against it. That was a sufticiently emphatic endorsement of the scheme of union, and it was accepted as a proof that the people of New Brunswick ardently desired the consti- tutional change which a union with Canada would in- volve. But although the vote had been taken on the question, much remained to be done before Confederation could become an accomplished fact. The last elections, which were those of Kings and Charlotte, were held on the 12th of June, but more than a year was to elapse be- fore the union was effected and the result which the election was intended to bring about realized. The first thing to be done was to call the Legislature together and complete the business of the Province, which had been interrupted by the dissolution. The Legislature met on the 21st of June and the Hon. John H. Gray, who had been an active advocate of Confederation, and who was one of the members for the County of St. John, was made speaker. In the speech from the throne the fol- lowing reference was made to the question of Confeder- ation; "The address of the Legislative Council to Her Majesty the Queen, on the subject of the union of the British North American Provinces, agreed to during the late ses- sion, was duly transmitted by me to England to be laid at the foot of the throne, and I am commanded to inform you, Her Majesty has been pleased to accept the same SIR LEONARD TII.EY. 333 very graciously. The jul()i)tion and the reception by nie for transmission to Her Majesty of this address led to events which rendered it, in my opinion, expedient to dis- solve the then existing General Assembly, I have now much satisfaction in resorting to your assistance and co- operati(m at the earliest possible moment, although I regret that it should be necessary to call you together at a period of the year which must, I fear, render your as- sembling a matter of much personal inconvenience to some of you. " Her Majesty's government have already expressed their strong and deliberate opinions that the union of the British North American Provinces under one government is an object much to be desired. The Legislatures ol Canada and Nova Scotia have formed the same judgment, and you will now shortly be invited to express your con- currence with or dissent from the view taken of this great (question by those Provinces. "The question which you are now called together especially to consider is one of the most momentous ever submitted to a Colonial Legislature." In the address in answer to the speech from the throne the following reference was made to the question: " It is satisfactory to learn that the adoption and re- ception by Your Excellency of the address led to events which rendered it expedient to dissolve the then existing General Assembly and most gratifying to believe that the country has sustained that conclusion, and, although we unite with Your Excellency in regretting that it should 334 LIFE AND TIMES OF liave been necessary to call the Assembly to^'other at a season that may cause personal inconvenience to some of us, we rejoice to have the opportunity of aiding by our counsel and co-operation in the consummation of those national objects which have led to our meeting. " We learn with satisfaction that Her Majesty's govern- ment, having already expressed their strong and deliberate conviction that the union of the British Provinces under one government is an object much to be desired, and that the Legislatures of Canada and Nova Scotia having passed the same judgment, we will shortly be called u})on to ex- jn'ess our concurrence with or dissent from the view taken of this (question by those Provinces, and we confidently look forward to a similar decision here." This address was moved by Mr. Kerr, of Northumber- land, and seconded by Mr. Beveridge of Victoria, and its consideration was made the order of the day for the following Saturday. When it came up for discussion the Hon, Albert J. Smith was not in his place, and Mr. Botsford, one of his colleagues from. Westmorland, endeavored to have the consideration of the matter postponed, but the House was in no humor to await the convenience of any single member, and the address was passed the same day by a vote of thirty to seven. Mr. Tilley's name was not recorded in this division, because he had to leave for St. John on public business ; the other absentees were Messrs, Sinith and Skinner. Attorney General Fisher, immediately on the passage of the address, gave notice of the Confederation sill LEONARD TILI-KY. 385 resolution, which was to be made the order of the day for Monday, June 2Cth. Tliis resolution was in the follow- ing terms : '• liesolvcd, That an humble address be presented to His Excellency, the Lieutenant Governor, }»raying that His Kxcellency be jilcased to iqtpoint delegates to unite with delegates from the other I'rovinces, in arranging with the Imi)erial Government for the union of British North America, upon such terms as will secure the just rights and interests of New Brunswick, accomj)anied with provision for the immediate construction of the Inter- colonial liailway ; each Province to have an equal voice in such delegation, Upper and Lower Canada to be con- sidered as separate Provinces." On tliat day Mr. Fisher moved the resolution in ques- tion in a very brief speech, and was replied to by Hon. Mr. Smith, who spoke at great length and continued his .speecn on the following day. Mr. Smith took exception to giving delegates power to fix the destinies of the Provinces forever, without again submitting the scheme of union to the peoi)le. He proceeded to discuss the Quebec scheme, but took exception to the construction of the upper House of the proposed legislature of the Con- federation, declaring that each Province should have an equal number of representatives in it, as was the case in the United States. After going over the ground jjretty thoroughly and criticising most of the terms of the scheme of Confederation, he moved an amendment to the ett'ect that no act or measure for a union with Canada take 886 IJFE AM) TIME5? OF effect until apju'oved by the Legifilaturo or tlie puojde of this I'roviiKMi. The Hon. Mr. Tillcy replied to the leader of the opposition in one of the most effective speec^hes that he ever delivered in the T.e<,'iHlatnre. He first took n]> Mr. Sniith'.s allu.sion to (he couHtitutional ([uestion, and, witli ininienHe power and .solemnity, he charged that any want of constitutional action which existed was due to Mr. Smith and his colleagues. He stated that the Governor's syni])athies were with the late government, and that he had endeavored to aid and noc to injure them. Mr. Smith had alluded to the Hon. Joseph Howe, who was then an oj)i)onent of Confederation, in terms of praise, and Mr. Tilley in reply read from Mr. Howe's speech, made in 18GI, a magnifi- cent paragraph on the union of British America. Mr. Tilley stated that the government would take the Quebec scheme for a basis, and would seek concessions to meet the views of those who found difficulty as to parts of it. He went over the Counties of the Province to show that they were either for the Quebec scheme or substantially for it. He was convinced that even his friend, the ex- Attorney-General and member for Westmorland, was hardly against union. He asked. Was there one anti- unionist on the floors of the House ? Where was Mr. Anglin ? Mr. Needham ? Mr. Hill and all the rest of the anti-unionists ? They were all swept away and unionists had taken their places, and when the arrange- ments for union were carried out, the feeling in its favor ier head to b(i on the ])0])ulation as it increases and not to be confined to the 340 LIFE AND TIMES OF census of 1861 ; 7th — Securing to the Maritime Prov- inces the right to have at least one executive councillor in the Federal Parliament ; 8th — The commencing of the Intercolonial Eailroad before the right shall exist to increase taxation upon the people of the Province." Mr. Smith supported h's resolution in a lengthy speech in which he predicted increased taxation as the result of Confederation. He said that the House, instead of being a deliberative assembly, had to surrender its judgment to the government. Confederation was a great exjteriment at best and called for the exercise of other men's judg- ment. The government was going on in the most high- handed manner and were not justified in withholding information asked for. He elaborated the idea that Can- ada was pledged to issue .treasury notes to pay present liabilities, and asserted that the government was alto- gether under the control of Canadian politicians. He insisted particularly on a provision in the Act of Union that each of the Maritime Provinces have an executive councillor in the Federal government. Finally the vote was taken and the following amendment, which had been moved by Hon. Mr. Fisher, was carried, only eight members voting against it : " Resolved, That the people of this Province having, after due deliberation, determined that the union of British North America was desirable, and the House having agreed to request His Excellency the Lieutenant Governor to appoint delegates for the purpose of consid- ering the plan of union upon such terms as will secure SIR LEONARD TILLEY. 341 the just rights of New Brunswick, jiiid having confidence that the action of His P^xcellency under tlie advice of his constitutional advisers will be directed to the attainment of that end, sound policy and a due regard to the interests of this Province require that the responsibility of such action should be left unfettered by an expression of opinion other than what has already been given by the people and their representatives." This ended the battle for Confederation in New Bruns- wick, for what remained to be done was merely the arrangement of the details of the union by the delegates who had received full power for that purpose. The session of the Legislature, which must be considered one of the most important ever held in New Brunswick, came to a close on Monday, the 7th of July. At a meeting of the government held immediately after the prorogation of the Legislature, the Hon. Messrs, Tilley,Wilmot, Fisher, Mitchell, Johnson and Chandler were appointed to go to England as delegates, for the purpose of meeting delegates from Canada and Nova Scotia, and arranging the bill which was to be passed by the Imperial Parliament for the consummation of Confederation. It was understood at that time that there would be no delay on the part of the delegates from Canada, but owing to causes which perhaps are a little obscure. Sir John A. Macdonald and the other Canadiu, delegates were unable to leave at the time appointed, and did not meet our delegation in Eng- land until many months after the latter had arrived there. This unfortunate circumstance produced much 342 LIFE AND TIMES OF ' oomment at the time, because it looked as if the govern- ment of Canada was treating the delegates of New Bruns- wick and Nova Scotia with gross discourtesy. The busine.-^s, instead of being completed promptly, as was expected, and the bill passed by the Parliament during the autumn session, was thrown over until the followincr year, and our delegates, most of whom were prominent members of the government, had to remain in England for about ten months at great exi)ense and inconvenience. It has been stated that the ill health of Sir John A. Macdonald was responsible for that condition of affairs, he being subject at that time to attacks of indisposition which prevented him from attending to his duties as a Minister of the Crown. Whatever the cause of the trouble it was a very unfortunate beginning, and but for the good sense and moderation displayed by the represen- tatives of the Maritime Provinces, might have greatly prejudiced the movement in favor of Confederation. SIR LEONARD TILLEY. 34a ClIArTKR XI. The delegates from the three I'rovinces, Canada, Nova Scotia and New Brunswick, met at the Westminster Palace hotel, London, in November, 186G, Hon. John A. Macdonald in the chair ; C. W. Bernard acting as Secre- tary. The resolutions passed at the Quebec Conference held in 1864, were read, and amendments were moved in accordance with the suggestions made in the several Legis- latures during the discussions at the previous sessions. It was conceded on all hands that the Intercolonial Eailway, by which facilities for interprovincial commercial inter- course could be secured, must be built bv the united Provinces and without a delay. It was also conceded that in the Provinces where separate schools were established by law, that principle should not be disturbed. Mr. Gait was the special advocate of this concession from the I'rov- ince of Quebec, and the Iloman Catholic members of the convention on behalf of the minority in Canada West. In the discussion it was claimed that the sole right of im- posing an export duty should be vested in the Federal authority. This was objected to by the New Brunswick delegates, as the people of that Province had expended a large sum of money in the improving of the navigation of the upper St. John, and had, to recoup themselves, 344 LIFE ANP TIMES OF imposed an export duty on lumber sliii)ped from tlie Pro- vinces. A considerable ])ortion of the income thus re- ceived was paid l»y the lumbermen of the State of Maine, the advantaj^e derived by them from such improvements bein must finally be dissolved, the voices of such j)ersons were finally silenced either by death or by acquiescence in the situation. Now it may be safely declared that the Canadian Confederation stands upon as secure a founda- tion as any other government in the civilized world, and is much less likely to break in pieces than the great re- public to the south of us, where differences of climate and of products and resources seem to have created separate interests, which to an outside observer appear able to threaten the stability of the nation. In June, 1867, the Hon. John A. Macdonald, then leader of the government of Canada, was entrusted by Lord Monk, then Governor General, with the formation of a ministry for the Dominion. Mr, Macdonald natur- ally experienced a good deal of difficulty in making his arrangements. In the formation of the first ministry much care was necessary ; provincial and national inter- ests were to be thought of and denominational claims had to receive some attention. But the greatest difficulty arose with respect to old party lines. Mr, Macdonald consid- ered that to a considerable extent old party lines could SIK LKONAHD TILLKY. 340 not be recognizt'd, iind .sek'ctcd liis men from the leading advocates of Confederation belonging to lK)tli the Con- servative and Liberal })arties, and acting npon this sug- gestion, named seven Conservatives and six Liberals. The l^iberals included the names of Mr. Rowland and Mr. McDougal f(»r Ontario. A large number of the Liberals of Ontario, including Cieorge Brown and Alex. ^Lacken/ic, ojiposed this arrangement, called a j)ublic meeting in Toronto and ])assed resolutions in favor of a strictly party government on old lines. It declared hos- tility to the jiropo.'ial for a coalition and resolved to oppose Messrs. Howland and Mr. Mcbougal should they accept office under Mr. Macdonald when they returned to their constituents. This decision was carried out, but both Mr. Howland and Mr. McDougal were returned with good majorities. In this first ministry there were five members from Ontario: John A. Macdonald, William McDougal, W. r. Howland, A. J. F. Blair and Alex. Campbell ; four from (,^)uebec : Messrs. George E. Cartier, Alex. T. Gait, J. C. Chapais and Hector L. Langevin ; two from Nova Scotia : Adams G. Archibald and Edward Kenny ; and two from New Brunswick : S. L. Tilley and Peter Mitchell. Nine of the members were Protestants and four were Roman Catholics. The wisdom of the course adopted will be apparent when it is remembered that the question of Confederation was not settled or carried on old party lines, some of the Conservatives opposing and some Liberals supporting it. This was clearly the case in New Brunswick, as shown 360 LIFE AND TIME8 OF l)y tlie last two eloctions hold liiiie. About one-third >>( the Liberal party and a like proportion of the Conserva- tive party oj)poHed Confederation at the second election. To have formed the first government on old party lines would have necessitated the selection of sonK^ men wlio were oi)posed to the union, and whose ell'ort.s nii{j;ht not have been devoted Ut makiii<,' it a success. The name of Liberal-Conservative was <,'ivcn to the new })arty, com- posed, as it was, of men of both ])arties. The firfst Confcidenition niiiiistry was a very strong one. The Hon. John A. Macdonald became Premier and Minister of Justice ; the Hon, (Ieorg(! E. Cartier was Minister of Militia and Defence ; Alexander T. Gait was Minister of Finance ; the Hon. William McDougal was Minister of Public Works; H(»n. W. P. IL)wland was Minister of Inland Revenue ; Hon. A. J. F. Blair, Presi- dent of the I'rivy Council ; Hon. Alex. Campbell, Post Master General; Hon. J. C. Chapais, Minister of Agri- culture ; Hon. Hector L. Langevin, Secretary of State. Mr. Tilley became Minister of Customs and Mr. Mitchell became Minister of IMarine and Fisheries, while the two Nova Scotia rejn'esentatives, Messrs. Archibald and Kenny, became respectively Secretary of State for the Provinces and Receiver General. It will thus be seen that tlie Maritime Provinces had four representatives of the Crown out of thirteen mem- bers of the Cabinet, and this ])roportion has generally been maintained since that time, so that the fears of those who anticipated that the Provinces by the sea would not SIK LKONAKI) TILI.KY. 851 receive fair treatment in the distribution of liij^h otlices liave [)n)ved to be groundless. So far has tliisH)eeu from l)eini; the case tliat the Maritime I'rovinee mem- bers of the governtii»Mit appear always t«» have occu- Iticd a very intiuential position in it, and the hite lamented PriMiiier was a re])rt;sentativ»! of the Maritime rrovinces, while the hi;j;hly important ofliee of Minister of Finance is also held by a Maritime representative. The oihco of Minister of Customs, which Mr. Tilley received, was thought by some of his friends to be less important than he deserved, they being of the opinion that he should have been made Minister of Finance. This office, however, went to Mr. Gait, who, owing to a difference with the rest of the government, resigned four months later, his place in the Cabinet being taken by Sir John Kose, who held the office of Finance Minister until Octobia-, 1809, Sir Francis Hincks then receiving the ap- ])ointmeut. It was not until the resignaticm of the latter in F'ebruary, 1873, that Mr. Tilley became Minister of Finance. The ollice to which he was apjiointed, however, was one of great importance, involving as it did the re- organization of the entire establishment of the Customs of Canada, and it gave ample scope for his great ability as a business man. The elections for the House of Commons in the new rarliament of Canada took place in August, the Hon. Mr. Tilley being chosen to represent the City of St. John, and the Hon. John H. Cray the County. It had been expected that in view of the facf that these men 352 LIFE AM) TIMKS OF had been so hugely iusLruiiiciitiil in hringiii;^ about Con federation the V would have been allowed to walk the course uno})|»o.sed. Thi.s was the ca,s(! with Mr. (J ray, whose candidature met with no opposition; I'ut Mr. Til- ley was o])])osed by Mr. John Wilson, who received a very small vote. This n(H!(lles.s and futile opjiosition to the candidatuie of a man who deserved so well fiom the Province, was nu-rely onc^ of the jjroofs of tlui existence (»f political rancor in the breasts of those who had been ilefeated on the Confederatv»n (luestion. The first Parliament of United Canada mi't on the (ith of November 18(»7, and the address was moved by the lion. Charles Fisher, who had been elected to iej)resent the County of York. The session was a very long one, lasting until the 22nd of May of the following year ; but there was an adj(»urnment, extending from December 21st, to the 20th March. This meeting of Parliament was the uiost memorable ever held in Canada, because it brought togeti r for the first time, the representatives of all the Provinces, and tlu^ ablest men of all ])olitical ]>arties. The people of Ontario and Quebec were little known to the people of the Maritime Provinces, and those; who resided in the larger Provinces naturally enough knew com])ari- tively litiie "f their fellow-sul)ject,s who dwelt by the 3ca, an'l had become mem]>ers of the new (confederation. It was expected by some that our Maritime Province rei)resentatives M'ould he. completely overshadowed by men of greater political re})utation who dwelt in the larger Province^ but this did not prove to be the case. SIR LEONARD TILLEY. 353 The Miiriiiiiic representatives at once took a leaclinj^ ])osi- tion in Parlitiinont, and tliis |)OHition tlioy liave steadily inainlained down to tlie present time. No man s ood 1 letter in tlie House of Commons than tlie rejii'esentative from St. John, tlie Hon. S. I.. Tilley. At that time Her Majesty the (,)neen, in acknowledniiK'nt of his services in the cause of Confederation, had created him ii, Com)ianion of the Bath, a distinction which was also ^dven to the Hon. Charles Tiipjier, of Nova Scotia. A vast amount of l)usiness had to be disjiosed of at the lirst session of the I'arliament of Canada. Altli(ju«di the I'nion Act embodied the })lan upon which Confeder- ation was founded, it wi)s necessary to sujiplement it by a great deal of other U'gi.dation, for the purpose of inter- preting it and making p*rej)arations for the practical working of the constitution. In all tlie discussions rela- tive to the necessary legislation which had to be passed at that time, iSh. Tilley took a prominent part, and, when the session was over, he had established in the House of Commons, as fully as he had in tJie Legislature of New Brunswick, a reputation for ability as a speaker and as a man of affairs. He was looked upon as one whose vide knowledge of the needs of the Province and whose exiieri- ence in departmental work were likely to be of the greatest use to the Confederation. His high character at all times gave a weight to his words anci caused him to be listened to with the most respectful attention. During the whole period that Mr. Tilley sat in the House of Commons he had the pleasure of knowing that even his w 354 LIFE AND TIMES OF political enemies respected his cliaracter and attainments, and with the exception of the Premier, perhaps no man wielded a more ])otent influence in the councils of the J)ominion than he. It is not intended in this publication to trace to any full extent the career of Sir S. L. Tilley in the Parliament of Canada ; that belongs rather to the history of the Dominion than to a work of the limited scope of the j.resent volume, and only so much of his public life in the House of Commons will be dealt with as seems necessary to complete the story of his personal history. Mr. Tilley continued to hold the position of Minister of Customs during the whole of the term of the first Parliament of Canada. This Parliament held five sessions and dissolved in the summer of 1872, the general election being in the month of July, upon which occn.sion Mr. Tilley was re-elected for the City of St. John without opposition. The second Parliament met on the 5th of March, 1873. But eleven days befoi-e that time Mr. Tilley had become Minister of Finance, succeeding Sir Francis Hincks, who resigned after holding the office of Finance Minister for more than three years. The advancement of Mr. Tilley to this responsible and influential i)Osition was very pleasing to his friends, and was received with great satis- faction by the country generally. SIR LEONARD TILLEY. 355 CHAPTEK XII. The first Confederation ministry of Canada resigned office on tlie 5th November, 1873. The circumstances which led to that action are a ])art of the political liistory of the Uominion and need not be gone into in this volume. With regard to Mr. Tilley it is sufficient to say that ■•'liatever basis there may have been for charges of cor- ruption in connection with the Pacific scandal against other persons in the government, none were ever preferred against him, and no one susj)ected or believed that he had anything whatever to do with the transactions with Sir Hugh Allan and his associates which led to the government being compelled to resign. Prior to the resignation of the government Mr. Tilley had been appointed Lieutenant Governor of the Province of New Brunswick in succession of the Hon. Lemuel A. Wilmot, whose term had expired. Every one felt that the honor thus bestowed upon Mr. Tilley was a most fitting one, for he was New Brunswick's foremost son in political life, and had reached his high position purely through his own ability and his own good character. However much peoi)le may have diifered in regard to Mr. Tilley's political views, there has never been any difterence of Opinion in regard to his acceptability as the Governor of 356 LIFE AND TIMES OF the Province. He filled that high position a greater number of years than any of his successors are likely to do, and it is admitted on all sides that no man could have performed the duties of that high office better than he has done. Mr. Tilley took up his residence in the old government house, Fredericton, and he must have been struck with the changed aspect of affairs from that which existed under the old regime, when our Lieutenant Governors were appointed by the British Government and sent out from England to preside over the councils of a people of whom they knew little or nothing. Many of these former Governors had been military men and were more accustomed to habits of command than to deal with per- plexing questions of state government. They looked with a very natural degree of impatience on the attempts which the people of the Province were making to get the full control of their own affairs. Under the old regime the Governor was sur-,,nded with military gua^rds ; sentries paced the walks ... . stood at the entrances of the government house, and a vast amount of ceremony had to be gone through with before any one could see the distinguished occupant of that building. Government house, under the old system, had been the scene of many festivities, not always distinguished by their sobriety, and strange stories are told of many, high in New Brunswick political life, who had drunk overmuch at the dinner-table of the Governor. All this was now to be changed. The Hon. Lemuel A. Wilmot, although a life-long te^mperance SIR LEONARD TILLF.Y. 357 man aad total abstainer, had kept up the old customs with respect to the use of liquor in government house, and thereby incurred no small amount of adverse criticism from those who thought he should have discouraged the use of wine and other intoxicating beverages. The tenii)erance views of Mr. Tilley were of a more consistent order, and he carried out, in practice at government house, those principles of total abstinence which had dis- tinguished him throughout his entire career. So long as he was Lieutenant Governor of Xew Brunswick no intoxicating beverages of any kind were ever used at his table. Some of the old-time frequenters of government house were at first inclined to object to this change in its customs, but the general voice of the people of the Prov- ince was in favor of the change, and it was felt that in acting as he did the Lieutenant Governor had merely given another proof of his consistency as a man and of his attachment to those principles which he had embraced so early in life. The withdrawal of the British troops from Canada before the Lieutenant Governorship of Mr. Tilley commenced relieved him of any embarrassment in regard to dispensing with military guards and sentries, but all pretentious accompaniments of authority were very foreign to his nature, and he always showed, by the severe simplicity of his life, that he felt he was one of the people, and that it was his duty as well as his pleasure to permit all who had any reason to see him to have free access to him, without the necessity of going through any formal process. When Mr. Tilley became Lieutenant Governor of the Province, he was fifty-five years of age, and he seems to 358 LIFE AND TIMES OF have thouf^lit that his political career was ended because, by the time his term of office expired in its natural course, he would have reached the age of sixty, a period of life when a man is not likely to make a new entrance into public life. But circumstances, quite outside of any desire on his part, made it almost necessary for him to change his determination, and during the summer of 1878, when th3 general election was imminent, he found himself pressed by his old political friends to once more become the candidate of his party, for his old constituency in the City of St. John. There was great enthusiasm amongst them when it was announced that he would comply with their wishes and that he had resigned the Lieutenant Governorship. The result of that general election is well known. The Liberal party, which had succeeded to the government less than five years before, with a large majority in the House of Commons, experienced a severe defeat, and the Hon, Alexander Mackenzie, seeing this, very properly did not await the assembling of Parliament, but, like the honest man that he was, sent in the resigna- tion of the ministry, and Sir John A. Macdonald was called upon to form a new government. In the cabinet thus constructed Mr. Tillev resumed his old office of Minister of Finance, and one of his first duties was to assist in the framing of a new tariff which was to be formed in accordance with the principles upon which the election had been run, of protection to home industries. This idea of protection had not been heard of in the Canadian Confederation as the policy of any political SIR LEONARD TILLEY. 359^ party until Sir John A. Macdonald took it up about a year before the general election, but it proved a winning card and was the means of giving the new government u long lease of power. Mr. Tilley's views regarding the tariff and the needs of Canada, were given very fully in his budget speech, which was delivered in February, 1879, and the followiiiir extracts from it will convev to the reader a clearer idea of them than any mere recital : " Mr. Chairman, it is only recently. Sir, that I have fully realized the great changes that have taken place throughout the Dominion of Canada since I last had the honor of a seat in Tarliament, and, to-day, I fully realize the great change that has taken place, and the increased difficulties devolving upon me, as Finance Minister, compared with the position of affairs when I submitted my financial statement in 1873. Then, Sir, my work was a very easy one indeed. Honorable members on the opposite benches were pleased, on that occassion, to compliment me on that statement, but I felt that I had earned no compliment ; that if that speech was acceptable to the House at that time, it was because of the satisfac- tory statements 1 was able to make with reference to the condition of the Dominion and of the finances of the Dominion. Then, Sir, I was able to point to steady and increasing surplus and revenue, and that in the face of a steady reduction of taxation. Then, Sir, I was able to point, with S'!)me degree of confidence, to the prospective expenditures of the Dominion, extending over ten years. To-day I cannot speak of it with the same confidence. 360 LIFE AND TIMES OF Then the construction of the Paciric Railway was under regulations that confined and limited the liabilities of the Dominion to $30,000,000. To-day I am not m a ],osition to say what expenditure or responsibilities we may have to incur with reference to that <,wat undertakip.;?. There has been a change in the policy, but it will become the duty of the Government and of Parliament to consider, ■while we have not reached the limit of our liabilitie?' ■whether we cannot construct that great work, with :20D,000,000 acres of land lying within the wheat area of that magnificent country. Then, Sir, I could point with pride and with satisfaction to the increased capital of our banks and the large dividends they paid. To-day, I regret to say, that we must point to depreciated values and to small dividends. Then 1 could point to the gen- eral prosperity of Ihe country. To-day we must all admit that it is greatly dei)ressed. Then I could point with satisfaction to the various manufacturing industries that were in operation throughout the length and breadth of the Dominion, remunerative to the men who had invested their capital in them, c 'id giving employment to tens of thousands. To-day many of the furnaces are cold, the machinery in many cases is idle, and those establishments that are in operation are only employed half time, and are scarcely paying the interest on the money invested. Then, Sir, we could point to the agricultural interest as most prosperous, with a satisfactory home market and satisfactory prices abroad. To-day they have a limited market, with low prices and anything but a satisfactory SIR LEONAKI) TILLEY. 361 market abroad. Then, Sir, we could point to a very valuable and extensive West India trade ; to-day it does not exist, Tlien, Sir, we eould jtoinl to a jn-oHtable and direct tea trade, that lias been denioraliziMl nnd destroyed. Then everytbinn; ujijteared to be prosperous ; to-day, tbonj^di it looks gloomy, I liope there is a silver linin<^' to the cloud, that we may yet see illuniinatin.L,' the whole of the Dominion and changing our present position to one ol" happiness and prosperity. Mr. Chairman, there has been, and very naturally so, a gooil deal of interest and anxiety manifested on the ])art of the friends of the National Policy, as it is called, in regard to its early introduction. I can quite understand that, because, believing as they do, and as a majority of this House do, that that policy is calculated to bring prosperity to the country, it was but natural that they should be anxious for its introduction, and that not a day should be lost. And it is satisfactory to know that, great and difficult as is the responsibility which rests upon me here, I trust that the propositions 1 am about to make will be sustained, not only by a majority of this House, but by an overwhelming majority in the country. " I can appeal to other finance ministers, and especially to my predecessor, who, in 1874, made several changes in the tariff of that day, to speak of the difficulties there are in making even as few changes as were then made. But if we undertake, as the present Government have undertaken, to readjust and reorganize and, 1 may say, make an entirely new tariff, having for its object not only LIFE AND TIMES OF the reuliziitioii of $2,000,000 moru revenue tlian will be collected this year, but, in addition to providing for that deficiency, to adjust that i>olicy, or that tariff with a view of making what ha.s been, and is to-day, declared the ]»oliey of Ihe majority of thi.s House — I nu'an the pro- tection of the industries of the country — the magnituilo of the undertalvin^ will be the better appreciated. Sir, we have invited gentlemen from all ])arts of the Dominion, and re])resentingall the interests in the Dominion, to assist us in the readjustment of the tariff, because we did not feel, though ])erhaps we possess an average intelligence in ordinary Government matters, we did not feel that we knew everything. We did not feel that we were prepared, without advice and assistance from men of ex]:erience with reference to these matters, to readjust and nuike a judicious tariff. We, therefore, invited those who were interested in the general interests of the country, or interested in any special interests. Gentlemen who took an opi)osite view, met us and discussed these questions, and I may say that, down to as late a period as yesterday, though the propositions are submitted to-day, we were favored with the co-operation and opinions of gentlemen who represent their particular or general views with reference to the great questions we have under considera- tion. We have labored zealously and arduously, and I trust it will be found successfully, and we are now about to submit our views for the consideration of this House. " In my opening remarks, I referred to the dithculty with which we have to grajjple. We must, if we meet sill LEONAUI) TILLKY. 363 the exjuMidituiv of next year, our interest, tlie cliaro;e9 ui)on our revenue, and tlie necessary expenditure wliirli the country has a riglit to expect, ask fmni tliis House the authority to receive a revenue from the customs of .S2, 000, 000 more tlum received this year. We have also, in urran<,Mn^' for the levyinjj; of tliat duty, to consider how it can l)est be imposed to encourage the inthistrits of the country. It would be well, before I enter u])on the con- sideration of this point of the question, to ask ourselves what are the circumstances that have led to the reduction of revenue and to the present dajn-essed condition of the country. With reference to the reduction of the revenue, I have heard it remarked that it is strange that the reduction of the revenues of late years has been so great. Perhaps there is as much ])rosperity here as in many other parts of the world ; then why was there such a falling off in our revenue compared with the revenues of the United States and Great Britain ? When we examine the case, we ascertain the fact that nearly all the revenue of the United States is from specific duties, and, therefore, the decrease in the value of imports does not", in that country materially affect the revenue, whereas in the Dominion the duties are principally ad valorem, and, therefore, largely affected ])y the decrease in the value of goods imported. It is established by comparative state- ments that the goods imported into the Dominion have decreased in value to the extent of 33 to 40 per cent., and the duties on those imports, being levied largely on the ad valorem principle, there has been a falling off in ^ .V ^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 s ^ IS ^ 1^ 12.0 1.8 U III 1.6 V] 7: ?v ^^. ^;^ 864 LIFE AND TIMES OF the revenues of the Dominion in a corresponding propor- tion. In the propositions I am about to make it will be shown — and I state this fact in order that the House may perfectly understand the nature and extent of those propositions — that on many articles on which we propose an increase of duty, 25 per cent, levied on the value will not bring more per yard than we received on a 15 per cent, tariff in 1873. We will, by way of illustration, take 100 yards of cloth, valued in 1873 at $1 a yard, the duty collected on it would have been $15. The same cloth is worth now but 60c. per yard, and it would require a tariff of 25 per cent, to produce the amount of revenue received from the same quantity in 1873. It is important to bear this fact in mind, because, while it may be thought on the other side of the Atlantic, and by our neighbors, that we are increasing largely our taxation, and imposing increased duties on the products of other countries, it is well to make it understood that, if our duties had been specific, we would have been receiving the same amount of revenue as in 1873. There are other difhculties ; the volume of imports has not much diminished. Regarding the matter as I do, I think it is to be regretted that the volume of imports has not been materially reduced. I look upon the large imports, ever since the Dominion was organized, showing a large bal- ance of trade against it, as one of the causes of the troubles with which w^e have to contend — one of the difficulties that it is our duty, if possible, to remedy. They have been decreasing to a certain extent, but are SiR LEONARD TILLEY. still very large, showing distinctly ar.ii cltarly, in my judgment, that they ought still to be further diminished. I know there are honorable gentlemen here and elsewhere who entertain the opinion that the balance between the imports and exports is not a correct mode of judging of the condition of a country. I know that opinion is entertained by honorable gentlemen opposite. But let us, just for a few moments, turn our attention to the con- dition which England occupies to-day, as compared with the United States. Fiom 1867 to 1873, the balance of trade against England amounted, in the average, to £50,000,000 sterling. It is quite true that difference was met by interest, the returns from her vessels, and in various ways, to an extent largely counterbalancing it, or leaving a balance in favor of England. By the last return I have, which covers the year 1877, the balance of trade against her is shown to be £140,000,000 sterling, or S700,000,000 per year. The balance of trade against the United States in 1872 was $116,000,000; in 1873 it was reduced to $06,000,000 ; but last calendar year showed that the balance in favor of the United States had reached $300,000,000 a year. I think, then, without entering into a discussion here of Free Trade and Protection, so far as it affects England and the United States, we may fairly conclude that the prosperity of the one country, at this moment, is caused in a great measure by the large surplus in its favor, and the depression in the other by the large deficiency. Under these circumstances, it appears to me, we should turn our attention to the best means of 36ri LIFE AKD TIMES OF reducing the volume of our imports from all parts of the world. Let me refer to some circumstances that led to the present depression in the revenue. During and after the war in the United States, it is well understood that the country lost a large portion of its export trade, and its manufacturing industries had been to a certain extent paralyzed, and it was only about 1872 or 1873 that they really commenced to restore their manufacturing indus- tries and endeavoured to find an extended market elsewhere for the manufactures of their country. Lying, as we do, alongside that great country, we are looked upon as a desirable market for their surplus products, and our American neighbors, always competent to judge of their own interests, and act wisely in regard to them, put forth every eflbrt to obtain access to our market. It is well known by the term slaughter market what they have been doing for the last four or five years in Canada ; that in order to find an outlet for their surplus manufactures they have been willing to send them into this country at any price that would be a little below that of the Canadian manufacturer. It is well known also that they have had their agents in every part of the Dominion seeking purchasers for their surplus, and that those agents have been enabled, under our existing laws, to enter those goods at a price, much lower than they ought to have paid, which was their value in the place of purchase. It is well known, moreover, that the United States Government, in order to encourage special interests in the country, granted a bounty upon certain mauufaptures, and gave to SIR LEONARD TILLEY. Mt them the exclusive market of the Dominion, and, under those circumstances, we have lost a very important trade, possessed previous to 1873, in addition to the loss of the West India trade, and by the repeal of the 10 per cent, duty on tea, we lost the direct tea trade, and all the advantages resulting from it, by its transfer from the Dominion to New York and Boston. Under all those circumstances, and with the high duty imposed by the United States on the agricultural products of the Domin- ion, by which we are, to a great extent, excluded from them, while the manufactures of that country are forced into our market, we could not expect prosperity or success in the Dominion, so long as that state of things continued. These are some of the difficulties which have led to our present state of affairs. Now, after having made these few remarks on that head, I desire to call the attention of the House to the remedy. I know this is a difficult question — that it is the opinion of some honorable members, that no matter what proposition you may make, or what legislation you introduce, it cannot improve or increase the prosperity of the country. The Government entertain a different opinion. I may say, at the outset, it would have been much more agreeable if we could have met the House without the necessity of increased tax- ation. But in the imposition of the duties we are now about to ask the House to impose, it may be said we will receive from the imports from foreign countries a larger portion of the $2,000,000 we require than we will receive Y I from the Mother Country. I believe such will be the 368 LIFE AND TIMES OF effect, but I think that in making such a statement to this House, belon«,nng, as we do, to and forming a part of that gi'eat country — a country that receives our natural products without any taxation; everything we have to send to her — apart from our national feelings, I think this House will not object if, in the propositions before me, they touch more heavily the imports from foreign countries than from our Fatherland. I have this to say to our American friends: In ]865 they abrogated the Reciprocity Treaty, and from that day to the present a large portion of the imports from that country into the Dominion have been admitted free. We have hoped, but hoped in vain, that by the adoption of that policy we would lead our American friends to treat us in a more liberal spirit with regard to the same articles. Well, after having waited twelve years for the consideration of this subject, the Government requiring more revenue, have determined to ask this House to impose upon the products of the United States that have been free, such a duty as may seem consistent with our position. But the Government couple with the proposal, in order to shew that we approach this question with no unfriendly spirit, a resolution that will be laid on the table containing a proposition to this effect : That, as to the articles named, which are the natural products of the country, including lumber, if the United States take off the duties in part or whole, we are prepared to meet them with equal conces- sions. The Government believe in a reciprocity tariff, yet may discuss Free Trade or Protection, but the question of SIR LEONARD TILLEY. 309 to-day is : Shall we have a reciprocity tariff, or a one-sided tariff? "•We found, Sir, as I stated before, that it was important to encourage the exportation of our manufactures to foreign countries, and we are prepared now to say that the policy of the Government is to give every manufac- turer in the Dominion of Canada a drawback on the duties they may pay upon goods used in the manufactures of the Dominion exported. We found also, Sir, that under the bounty system of some foreign countries, our sugar-refining trade, and other interests, were materially affected. Well, Sir, the Government have decided to ask this House to impose countervailing duties under such circumstances, T trust that this proposition will receive the support of both sides of the House, because some six months since, when the deputation of sugar refiners in London waited upon Mr. Gladstone and Sir Stafford Northcote, both of them being gentlemen representing free-trade views, they declared, in the most emphatic terms, that when a Government came in and interfered with the legitimate trade of the country they were pre- pared to impose countervailing duties. To make this matter plain, and place it beyond dispute, the Govern- ment propose to ask the House for authority to collect on all such articles an ad valorem duty on their value, irrespective of drawbacks. My colleagues say, explain it. For instance, a cent and a quarter drawback per pound is granted on cut nails exported to the Dominion of Canada ; the duty will be calculated on the value of the nails, 870 LIKE AND TIMKS OK irresi)ective of tliu drawback. Now a hoiinty is given on sugar in excess of tliat which is paid by the sugar refiners ; tlie Oovernnient will exact an ad calorein duty on the value of that sugar, irres])ective of the drawback. I may also state, Mr. Chairman, that another reason why, T think, our Anu^rican neighbors should not object to the inii)osition of the duties we jn-opose is this : It is a fact, though not generally known, that the average per- centage of revenue that is imposed on all imports into the Dominion of Canada, at the present time, taking the returns for last year as our criterion, is 13| jjer cent, the amount of duty collected on the imj^orts from Great Britain is a fraction under 17^ per cent.; while the amount of duty collected on the imports from the United States is a fraction under 10 jter cent. If our friends across the border will not give us the Reciprocity Treaty again, they cannot find anything to object to in the imposition cf those duties, if it bears a little more heavily on the articles imported from that country than they desire." Sir Leonard Tilley's speech in introducing the new tarift' was well received, and made a strong impression upon those who heard it. It was admitt'jd, even by those who were opposed to the views he held, that he showed a great mastery of the details, and that he illustrated in a very clear manner the views of those who maintained that the country was suffering because the duties imposed upon foreign goods were not sufficiently high to protect Canadian manufactures. For nearly 8IK LKONAUI) TILLEY. 371 eighteen years tliis tariff has been in force, and every man in Canada has liad liberty to judj^e for himself as to how far it has answered the expectations of those who framed it. Certainly a trial of such length of one particular system ought to have supjdied some criterion by which to test its value, and to enable" the public to judge how far it has been advantageous to the country. The result of the recent Dominion elections would seem to indicate that jiublic t.])inion in Canada is not by any means decided as to the valne of the National Policy. It is not the intention of this volume to deal to any full extent with the career of Sir Leonard Tilley during his second term of ofhce as Minister t)f Finance of Canada. To enter into that })hase of his career would be to relate the history of Canada, for he was but one member of the government, and not its leader. It admitted, however, that in respect to all financial (juestions Sir Leonard showed the same ability that had characterized his career dnring his previous term of oflftce, and he was looked upon by his colleagues as a man in whose judgment the utmost confidence could be placed. At this time, how- ever, his health began to fail, and the disease, which finally carried him off, developed itself to such an extent that he was told he must cease all active work or his days would be shortened. Under these circumstances, it became necessary for him to retire from the severe duties of his very responsible and laborious office, and on the 31st day of October, 1885, he was again appointed Lieutenant Governor of New Brunswick, an office which LIFE AND TIMES OF he had filled with so much acceptance between 1873 and 1878. Sir Leonard Tilley continued Lieutenant Governor during a second term, for almost eight years, or until the appointment of Hon. John Boyd to that position. Sir Leonard Tilley was Lieutenant Governor of New Brunswick for considerably more than twelve years, a record which is not likely to be equalled by any future Lieutenant Governor for many years to come, if ever. There was no event of particular importance to dis- tinguish Sir Leonard Tilley's second term as Lieutenant Governor. Hon, Mr. Blair remained Premier of New Brunswick during the whole period, and there was no political crisis of any importance to alter the complexion of affairs. The only event in connection with the Governorship, which is worthy of being mentioned, is the change that was made by the abandonment of the old Government house at Fredericton as the residence of the Lieutenant Governor. This building had become antiquated, and in other ways unsuitable for the occupa- tion of a Lieutenant Governor, and its maintenance involved a very large expenditure annually, which the province was unable to afford. It was therefore determined that in future the Lieutenant Gevernor should provide his own residence, and that the amount expended on Government House annually should be saved. Sir ' Leonard Tilley built a residence in St. John, in which he lived for the remainder of his life, and the seat of govern- ment, so far as his presence was concerned, was transferred to that city. Sir Leonard Tilley was always on the most SIR LEONARD TILLEY. S78 cordial terms with the various premiers who administered the government of New Brunswick during liis terms of ofhce. His relations with the Hon. Mr. Blair were pcirticularly friendly, and during the whole period of almost eight years in wliich they were associated not the slightest ditliculty ever arose between them. Sir Leonard Tilley knew well the strict constitutional limits of his oftice, and was always careful to confine his activi- ties within their proper scope. The lessons of responsible government which he had learned in his early youth, and which had been the study of his manhood, enabled him to avoid those pitfalls which beset the steps of imported Lieutenant Governors, who imagine that their official position gives them an authority to which they were not entitlod. Ono of the most beneficial changes which Confederation brought to the Provinces of Canada was the making of Canadians Lieutenant Governors of these Provinces, and thereby avoiding those difficulties which had been so frequent and constant in an earlier period of their " history, when military officers, without any experience of civil government, were sent out to administer the affairs of these colonies. During Sir Leonard Tilley's last term of office, and after its close, he abstained wholly from any interference with public affairs in the Dominion, and although he still remained steadfastly attached to the Liberal-Conservative party, he gave no outward sign of his desire for their success. This neutral position which he assumed in political matters had the effect of drawing towards him 874 LIFE AND TIM EH OF tliou.sancis of lii.s fullow-couiiLiyinou wlio, in formrr years, luul been accustomed to regard him with iinfriondly feelinJ,^s. Thoy for^rot the active political leader, and saw only before them the aji:ed governor, whose venerable figure and kindly face were so faniiliur at social or oth.T gatherings, or whenever a good work was to be done for any good cause. In this way Sir Leonard Tilley grew to assume a new character in the j.ublic estimation, and at the time of his death the regret was as great on the part of those who had been his political oi.j.onents as among those who had been his associates in political warfare. This was one of the most pleasing features of his declinin^^ years, and one that gave him the greatest satisfaction, because it enabled him to feel that he enjoyed the affec- tionate regard of the whole body of the people. g SIK LKoNAUn TII.I.KY. 376 CIIAITKK XIII. Sir T.oonnnl Til ley for many years had suffered from an in(!ural)lu di.seii.si', which had Ix'on mitij^^utud hy rest and medical treatment, but not removed. It was the knowl('d<,'e of the fact that his life would be shortened if he continued in active political life that com})elled him to leave the goV(!rnment in 1S85, For many years before his death the malady had been so far subdued that it gave hhn comjiaratively little troulde, but any unusual exer- tion on his part was almost certain to arouse it again U) activity, so that he was ])rcvented on many occasions from taking part in j)ul)lic functions, which, under other circumstances, he would have been glad to attend. Still he always contrived to take his daily walk, and few who saw him ever suspected that he was constantly menanced by death. For three or four years before his -decease his strength had been failing, he stoo])ed more as he walked, and it was evident that he was not destined to enjoy many years more of life. Yet during the spring of 1 896 there was nothing whatever to indicate that the end was so near, for he went about as usual, and was able to pre- side at the annual meeting of the Loyalist Society, which was held during the last week in May. On that evening he appeared very bright and cheerful, and he entered 376 LIFE AND TIMES OF With much interest into the discussion of the details of an outing which it was proposed the society should hold during the summer. Man proposes, God Disposes. Sir Leonard had gone to Eo.hesay early in June to spend a few weeks in that pleasant spot, and he appeared to be m his usual health until the night of the 10th of June, when lie began to suffer great pain from a slight cut which he received in the foot. The symptoms became alarming and gave indications of blood poisoning, a condi- tion due to the disease from which he had suffered so many years. On the 1 1th of June he was taken to Carleton House, his town residence, and from that time the doctors gave no hope of his recovery. It was one of the sad features of his illness that his life-long friend, and physician for many years, Dr. William Bayard, was unable to attend him, being himself confined to his bed by illness. After Sir Leonard Tilley reached his home in St. John he never rallied, and he was well aware that his end was near. He was attended by Dr. Inches and Dr. Murray McLaren, but he was beyond medical aid, and therefore the people of St. John, for several days before the event took place, were aware that their foremost citizen was dying. The time was one of great excitement, for the general election was near, yet the eyes of thousands were turned, from the moving panorama of active life which passed before them, to the silent chamber where the dying statesman was breathing his last. The regret and sympathy that was expressed were universal, and those who had been his life-long political opponents were not SIR LEONARD TILLEY. U I behind those who had been his friends in their kindly words. Sir Leonard Tilley died at 3 o'clock on the morninj? of the 25th of June, and the second day after the general election, which bronght about the defeat of the party with which he had been so long identified. One who watched by his bedside during his last hours, and who was present when he passed away, has furnished the following account of the event which brought so much sorrow to such a wide circle of friends : "The last days of this great and good man were peace- ful and full of faith. One of the last wishes he expressed was that a plain tomb-stone should be erected to his memory with the words inscribed : ' His trust was in Jesus,' so that passers by might be helped in their earthly pilgrimage. He desired them to know that this had been the true source of his success, the power that had influenced his life. " There was something pathetic in the thought that, as his life was calmly passing away, the party that he dearly loved was going out as well. Through all the' day of the election he watched the hours, waiting anxiously to know the result of the contest. When he was told only of the result in New Brunswick the dying statesman said, ' T can go to sleep now, New Brunswick has done well.' He went to sleep without hearing of the defeat of his party throughout the country. But he was a man who always recognized ability outside of party. He was always ^■^^ ; looking for the good and noble in human nature, and if '^ 378 ].1FE AND TIMP:S OF there was any chance of bringing the possessors of those ([ualities to the front, he desired that it shouhl be done. The secret of his hfe was that he loved his God and his country. He always said he owed so much of his success to his good mother's teacliings. In his earhest days he was much with her, and he always had great admiration for liur strong character. She was a woman greatly respected and esteemed in the neigliborhood in which she resided ; ever ready to help others in sickness or distress, and her services were much called into re(|uisition upon all occasions. Her patient cxamj)le was ever an incentive to him in his career, and when the end came it might be compared to a shij) under full sail, the voyage over, with its storms all ])assed, quietly gliding into harbor, its pilot on board and the glory of the celestial city beaming before eves that had looked long for it. We cannot see beyond the veil, but we know that he has entered into his reward." The death of Sir Leonard Tilley evoked expressions of sympathy and regret from all parts of the empire and from many states of the union. The letters and tele- grams of condolence which Lady Tilley received during the first days of her widowhood would of themselves fill a volume, showing how widely he was known and respected. • The funeral, which took place on the Saturday following his death, was one of the largest ever seen in St. John, and was attended by the Board of Trade, the Loyalist Society, the various temperance organizations, the mem- SIR LEON A UI) TILLEY. 879 bers of tlio Provincial Gove.rninent, and a vast concourse of })r()minent citizens. The services took ])lace at St. John's Episcopal Church, and were conducted by the rector, the Kev. John deSoyres, assisted by ihe Ilev. li. P. McKim, rectoi' of St. Luke's church, with which Sir Leonard had been identified in his earlier years. The interment took place in the Ilural Cemetery. Many references from the ])ulpits of St. John and the province were made on the Sunday following his death, and all the newspa])ers had long notices of the event and editorials on his life and character. The St. John 2\'legra]>h, which had been ]tolitically opposed to Sir Leonard Tilley for more than twenty years, said : '• By the death of Sir Leonard Tilley, the Province of New Brunswick loses its most famous son, a man whose political career extended over a longer period and who was more successful in political life than any other states- man that this province has produced, and one whose death will be learned with regret, not only by thousands of attached friends, but by tens of thousands. who never saw his face, but who looked ujjon him as their j)olitical leader and guide. Although Sir Leonard Tilley had been retired from active politics for more than ten years prior to his death, we are perhaps too near the time when he was a great political leader, to justly estimate his merits. Few people are able so far to separate themselves from their prejudices as to honestly criticise a friend or do full justice to an opponent, so that there must always be in contemporar)' opinions an element of weakness ; yet, we 380 • LIFE AND TIMES OF believe that the general view of .he public will arotecti()n to local industries. Two years later, when he heeame a member of the assembly, he votetl for jtrdteetive duties, and when after his \mvf retirement he came to the front in 1854 as a minister, le brought in a schedule of duties with a distinctly jn'otective tendency. New lirunswick was a small community with a limited Indus- trial range, and the scope of the system was much nar- rower than that adopted in 1879 for the whole dominion. Sir Leonard's business exj»erience, habits of jtersonul investigation, great industry, almost limitless patience, and above all, his saving common sense and freedom from purely speculative theories, qualified him for the great task of revolutionizing the whole system of Canadian customs duties. "Mention should be made of Sir l^eonard's share in railway develojmient. This also takes us back to the beginning of his career, for he was one of the promoters of our first railway, before he was elected to the assembly. As provincial secretary he was in England with Mr. Howe on railway business long before confed- eration. If St. John was tardy in forgiving him for allowing the Intercolonial to be constructed by the North Shore route, that was because St. John does not always see the difficulties that stand in the way of her repre- sentatives. It would hardly have been wise for Sir SIR LEONARD TILLKY. :W9 Leonard to lutire from |)ul)li(! lite beciiurto ho wuh uiiablo to control throe-fourths of liis co11«mi^mu's, hnckud up by tlic whole imperial governiueut. A ijuurter of a century hiiH hrou^rht many changes, iuuhuliu^' a railway l>y a shorter route to the west than any that were then drcanuMl of, antl another hy th(^ route that St. John first favoreU. The St. John representative who dared to think that a railway niij^ht he constructed from this city to She«liao, lived to pronu)tc the railway connection of the two great oceans hy a line across the continent." The St. John Gazette, on the eve of his death, said : "There is dying in St. John to-day a man, who more than any other in the jtrovince, has filled the public eye for th(^ past half a century. That num is Sir Leonard Tilley, twice governor of the pr'.vince, for many years a menjbev of the privy council of Canada, filling the most important otfices in the Dominion, and prior to that a member of the council of New Brunswick. Sir Leonard Tillev was a farmer's son. Born iii Gagetown, he came to this city, served an apprenticeship as a druggist, and when a comparatively young man was started in public life, more by the wish of his friends than from any desire of his own. When Sir Leonard Tilley entered upon his political career, the ])rovince was without railroads, and struggling for responsible government. The part taken by Sir Leonard Tilley in the struggle for responsible gov'jrnment is one that every son of New Brunswick and every true friend of government by the people should remember him, and no man played a more important part 3W LIFE AND TIMES OF in the railroad building epoch of the country than did Sir Leonard Tilley. It was a gigantic enterprise which the government of New Brunswick undertook in those days, when the European & North American railroad was started, The line was not very long, but railroads cost very much more to build per mile than they do now. Sir Leonard has lived to witness the completion of the line through Canadian territory from ocean to ocean. Where the journey to Montreal by land was a most difficult one» a tourist can now board the train at North Sydney, the most easterly point of Nova Scotia, and ride on practically without leaving the train until he reaches Vancouver, on the shores of the Pacific. In the Confederation strugde which united the four separate provinces of Canada, Nova Scotia and New Brunswick, and also the Canadas into one Dominion, Sir Leonard Tilley played a most import- ant part. He was one of the original commissioners who formulated the scheme, and he was also a member of the government of the Dominion. The area covered by Canada in 1867 was comparatively small compared with the area of to-day. The Great Lakes formed its western boundary, and the great northern country, which is to supply food for the millions of p:iiroi)e, was then all unknown. In the purchase of the Hudson Bay territory and the construction of the Canadian Pacific railroad, through which that territory was made known to the world, Sir Leonard Tilley was one of the chief actors. It was he that at that time held the purse strincrs of Canada, and it was his financial ability, more than that of SIR LEONARD TILLEY. 391 any other man, which pulled through this j^n-eat enter- prise, which now connects each section of the Dominion. Failing health compelled the retirement of Sir Leonard from active politics about ten years ago. U]* to two years ago he was governor of the province. Since then his life has been a very tram^uil one. In fine weather his tioure was a familiar one on the streets of St. John, and to young and old whom he knew, he always had a i)leaa- ant greeting. He is a man who will be greatly missed in the community, and his place is not likely to be filled for years to come. He has survived most of his old col- leagues of the early days of Confederation, of whom from the Maritime Provinces there are only now surviving Sir Charles Tupi)er and the Hon. Peter Mitchell. Sir Charles in the midst of the election, yesterday, sent a very touching letter to his old friend and colleague." The St. John Glohe said : " As the contest which has agitated the people for 90 many weeks is closing, the sunlight falls probably on the last days of the life of a public man of much influence in this province. Sir Leonard Tilley's jTublic career, which began in 1850, ended in 1803 with his retirement from the Governorship, a position which he had twice tilled. Since then he has lived a quiet, but by no means inactive life in St. John. He has been interested in business affairs and has not been w^holly indifferent to public matters, for, had his health permitted, he would have entered upon some of the active work of the cam- paign in the interest of the party with which he has 388 LIFE AND TIMES OF acted since Confederation. But the feelings of favor or disfavor with which his political views were regarded have given way to the feeling of respect which is ever accorded to an excellent citizen. Sir Leonard Tilley has retained tlie warm regard of all his old political friends and associates, while the citizens generally, the older generation of those who fought many a battle for or with him, the younger generation who know him not as a politician, have been glad to see him about the streets, enjoying the honors which he won and the respect which all well-ordered people yield to a man who has borne his fair share of the struggles and conllicts of life, and who has been a victor in many things." The St. John Record said : " When it was announced this morning that Sir Samuel Leonard Tilley had laid down his life and had passed away by death the citizens felt that a great calamity had happened this city, province and dominion. His public career, great and brilliant as it certainly was, did not appeal to the people so much to-day, as the great motives that actuated and shone forth in his private everyday life. * * It is as a private citizen that St. John loved him best, because then he was virtually her own — as a public man we had to divide our claim on him with all the other provinces of Canada. When at Ottawa he was our representative and theirs; in his home here he was our own — a lover of the city that he had done so much to extend and benefit. So it is to this f?ct we allude when we say that all looked upon his death as a calamity. SIR LEONARD TILLEY. 393 It is true that a wise man in the councils of the nation has gone ; but this sinks to insignificance when we con- sider that death has borne out from our midst one who was the particular friend of all our citizens. It was thought that having laid aside the trials and turmoils of public duty he would have been spared for some years yet to enjoy the harvest time of a life well livec', but it was not to be ; but it is a consolation to know that the man who has gone out from us was a direct contradiction of that saying that an honest man is not to be found in politics. His success was due to his persistent and uncompromising perseverence. When he believed that he was right, he allowed no danger to daunt nor difficulty to deter his reaching the necessary and expected consum- mation ; and this trait of his character was well exempli- fied in business as in political affairs. He went direct to the mark, in an honest and courteous way, thus changing opponents to supporters and enemies to friends." CHAPTER XIV. In the preceding chapters I have been considering the career of Sir Leonard Tilley as a public man, a statesman, and a man of affairs. But it would be a grave error to suppose that the whole strength of his nature was at all times devoted to matters of state, or that he in any way ?W LIFE A^D TIMES OF allowed public affairs to interfere with that home life which is always the truest source of happiness. So far was this from being the case that Sir Leonard Tilley was essentially a domestic man. He was at his best in his own study or by his own fireside. He loved his family and his friends, and it was one of his chief delights in his later years to gather the friends of his youth about him and discuss with them the happy events ul bygone days. His memory was so good and his faculties so keen that the whole picture of his life spread before him like a panorama, and he lived it over again many times in a mental sense. He had a wealth of anecdote in regard to the public men whom he met in the earlier days of his active life, and a keen sense of humor which gave point and character to his reminiscences of those times. Once more the actors on the stage of life of thirty or forty years ago lived as he recalled the scenes in which he and thi^y had taken part. His eye would brighten and his whole form become instinct with life as he related the story of other years. When Sir Leonard Tilley came to reside in St. John in 1888, after Carleton House, his new residence, was com- pleted, his desire to have his old friends about him caused him to hunt up all the members of the old Portland Debating Society, to which he had belonged when a young man, and to invite them to dinner once a year. The first dinner was attended by about fourteen persons, among whom were the late Sheriff' Harding, the late Joseph W. Lawrence, and the late John Sears. For two or three SIR LEONARD TILLKY. 395 years their meetings were cheerful enough, but death soon began to make inroads upon the survivors. Every year tlie number of guests was smaller than it had been the year before, and much of the conversation was of those who had passed from earth since the last meeting. Finally the survivors became so few that two or three years before Sir Leonard Tilley's own deatli the dinner was given up, as something better calcukted to awaken sad feelings than to give pleasure. Sir Leonard Tilley, throughout his whole life gave great attention to his religious duties. He was a devoted member of the Church of Plngland, and his attendance at church was constant and regular. For several years before his death he was connected with St. Mark's con- gregation, and no cause, except severe bodily illness, wiis ever allowed to prevent him from going to church on Sunda> morning. On many occasions, when his steps had grown feeble and his strength was failing, it was suggested to him that he should drive to church,' but h-j always replied that he would walk to church as long as he had strength left to do so, and that he would not have people harnessing up horses on the Sabbath day on his account. This resolution he maintained to the end of his life. Sometimes, when he met an old acquaintance, as he toiled up the street which led to his favorite church, he would cheerfully greet him by saying, "John, this hill has grown steeper than it used to be," but he climbed the hill to the end, and the last Sunday he ^as able to be out of his bed he walked to church as usual. 39rt LIFE AND TIMES OF Sir Leonard Tilley took a deep interest in all those humane and philanthroiiic objects which were for the benefit of mankind and in the great work connected with the s])read of the gospel. He was a constant at- tendant at the annual meetings of theBritish and Foreign Bible Society, and was a life member of that admirable association. On a very cold night in the winter of 1895-6 the writer met him making his way along Germain street, and on inquiring where he was going on such an inclement evening, found that he was on his way to attend the meeting of the society. He had mistaken the date, for the meeting did not take place for a fortnight, but that he should go abroad in such weather to be present at this annual gathering, shows how much he was interested in its work. The honors that Sir Leonard Tilley received from Her Majesty, in recognition of his great public services, were very gratifying to his friends as well as to himself, and when he was made a Knight Commander of St. Michael and St. George, in 1879, his temperance friends embraced the first opportunity on his return to St. John to have a banquet in his honor, at which he wore, for the first time in public, the insignia of the knightly order of which he had become a member. There was probably no public event in the whole course of his hfe which gave him greater pleasure than this proof of the attachment of his old friends. Sir Leonard's last visit to England was marked by an extremely gracious invitation to visit the Queen at SIR LEONARD TILLEY. 397 Osborne, in the Isle of Wi^^ht. While he and Lady Tillsy were sojonrning at Cowes a message was sent sum- moning them to Osborne House, where they were received by Her Majesty in the beautiful grounds that surround that palace. The Princess Louise and Princess Beatrice, with an equerry in waiting, were tlie only persons pres- ent. After an interesting conversation they were per- mitted to visit the private apartments of Her Majesty and the Prince Consort's farm. A renuirk was made by the equerry that the honor was a very great one, as few persons in England had the opportunity that had been given to them that day. Of course both Sir Leonard and Lady Tilley replied that the honor was highly appreciated and would never be forgotten. During their stay in London they were entertained by the Prince of Wales at Marlborough House. These occurrences made that visit to England a memorable one, but the foreshadowing was already that it would be the last. Sir Leonard Tilley was first married in 1843 to Julia Ann. daughter of the late James T. Hanford, who died in 1862. By her he had seven children, two sons and five daughters. His oldest son, the Rev. Harrison Tilley, who died in 1877, was, at the time of his death, assistant minister to the cathedral at Toronto. He had been previ- ously rector of Grace Church, London, Ont., and had also been rector of St. Luke's church, Portland, the church which Sir Leonard attended when he first came to St. John. He was a man of singularly amiable character • and much ability, and his early death was deeply regretted 3'8 LIFE AND TIMES OF by the entire commimity, which recognized in him one who gave great jtromise of future usefuhiess. The other son of tliis marriagji, Mr. J.. A. Tilley, is a resident ot Sherbrooke, V. Q., where he is engaged in business. Ilis eldest daughter, who was the wife of Mr. A. F. Street, of Fredericton, died in 1894. The otlier daughters are : Mrs. W. H. De Wolfe, of Chilliwaci<, B. C; Mrs. Thomas Burpee, of Winnipeg; Mrs. J. 1). Ohipman, of St. Stephen, and Miss Julia Tilley, of Toronto. In ]867, after being a widower for several years, Sir Leonard Tilley married Abca Starr, daughter of the late Z. Chipman, of St. Stephen. By this marriage he had two sons, Mr. Herbert C. Tilley, of the Imperial Trust Company, who resides in St. John, and Mr. L. P. De Wolfe Tr ey, barrister, wlio is also a resident of St. John. These two sons, Herbert and Leonard, were the prop and comfort of his declining years, and were devoted wholly to him to the end. Sir Leonard Tilley's second marriage was contracted at the time when he was exchanging the limited field of provincial politics for the wider sphere which Confedera- tion opened up to him in the Parliament of Canada. It was a fortunate union, for it gave him a helpmeet and companion who was in full sympathy with him in all his hopes and feelings, and who was singularly well qualified to preside over his household, which, in his capacity of a minister of the crown, liad become to a considerable extent a factor in the public life of Canada. Lady Tilley had a high ideal of her duty as the wife of a cabinet SIR LEON A III) TILLEY. 300 minister, and of the governor of New Brunswick, and was not content to lead a merely ornamental life or con- fine her energies within a narrow range. She saw many deficiencies in our appliances f(jr relieving human misery, and she set to work, with a zeal which could not be dampened, to seek to remedy them. The Victoria Hospital at Fredericton is her work ; hers also is the Nurses' Home in connection with the Tublic Hospital in St. John, and the Beformatory for the care of bad or neglected boys, who are in danger'of becoming criminals if they are not educated and desciplined when they are young. In every work of philanthropy Lady Tilley has always taken not only an active, but a leading part, and her position has enabled her to enlist in the cause of humanity the ener