THE peace which came in
1815, was nowhere more heartily welcomed than it was in the Province of
New Brunswick. For more than twenty years, except for a brief period
after the Peace of Amiens, Great Britain had been at war with France.
For three years there had been war with the United States, a most
unnatural and unfortunate contest between two people of the same race
and language, who should be always at peace. The generation of young men
just grown up had never known any other condition but that of war, bat
now they were on the eve of a great change. For the next forty years
Great Britain was to be at peace with every civilized nation, and
neither wars nor rumors of wars were to interfere with the peaceful
progress of the Empire. New Brunswick was about to begin a period of
development which, in the course of a few years entirely altered the
conditions of life in the Province ; indeed this development had already
begun. The first indication of the change was a sudden and extraordinary
increase in the revenue. In 1815, the first year of peace, the revenue
was just four times as great as it was in 1811 In 1810 it was five times
as great as it had been the year before. Then there was a falling off,
but only for one year for in 1818 the revenue was greater than it had
been
in 1815, and in 1819 it
rose above the figures of 1816. Part of this increased revenue was due
to higher duties, but the principal cause of it was increased trade. The
commerce of the province was beginning to be important, and its
merchants were growing wealthy. St. John had ceased to be a village and
had become a town, and Fredericton, although less favorably situated for
trade was also growing. Judge Winslow in a letter to his son written
just before the out-break of the war describes, the improvements in that
town, and with the contempt of an aristocrat for the common people says
"our shoemakers are all turned merchants, and appear to have made their
fortunes." St. Andrews was then a busy and thriving place which aspired
to rival St. John, and the Miramich district was rapidly rising to
importance. Its magnificent resources in timber were beginning to be
developed, and the time was near when its exports would equal those of
St. John.
The legislative session
of 1816 was the last of that House of Assembly, which had only met five
times, although it had been elected seven years. The legislature met on
the 11th of January, and sat until the 16th of March. President Smyth
made a longer speech than usual, and directed the attention of the
members to many important, subjects, such as the revenue, the militia
law, schools, the opening of roads and the improvement of the navigation
of the large rivers. He was able to congratulate them on the prosperity
of the Province, which he chose to attribute to the British Constitution
which had been extended to New Brunswick. Thirty-two acts were passed
including a new militia law, an act to establish a grammar school in St.
Andrews, and another to establish grammar schools in the other counties
of the Province. There was also an act for the establishment of certain
highways as great roads, the foundation of the later law on that
subject, and an act to encourage, the establishment of schools. This
provided for the appointment of school trustees in each parish by the
Justices in Sessions, and the raising of money for school purposes by
assessment when ordered at a meeting of the freeholders and taxpayers.
This was a long step in advance of any previous law, but two years later
the power of assessing the inhabitants for the support of schools-was
taken away, and the sum of one hundred pounds appropriated from the
public treasury to each parish not more than twenty pounds to be given
annually to any one school. This was a step backward, and it was not
until more than half a century had passed that the true principle of
maintaining schools for the education of the youth of the country, by
assessment, was adopted.
At this session was
also passed the first act of the legislature giving a bounty to
fishermen. It applied to vessels of thirty tons and upwards engaged in
the cod and scale fisheries and the bounty was twenty shillings per
registered ton. The whole amount to be given in bounties was limited to
three thousand pounds in any one year. This act was renewed and
continued in operation until 1822, when it was replaced by another,
similar in its main provisions which remained in operation until 1833.
There was a conflict between the House and the Council in regard to
bills to regulate assessments and to ascertain rateable estates. The
Council succeeded in defeating both these necessary-measures, acting as
usual in the interests of themselves and their friends. The spirit in
which they acted is thus stated by Mr. R. Pagan and Mr. S. D. Street,
who had been appointed to manage the conference with the Council 0:1
these bills: "The effect of the objectionable amendments is evidently to
take the tax or burthens from one description of persons, and impose it
on another; as for instance, to relieve the owners of large and valuable
tracts of unimproved land, which are constantly growing in value by the
labors of the owners of small tracts of but little comparative value,
from any part of the assessment, and thereby necessarily to impose
additional burthens upon those of the latter description."
Among the acts of 1816
was one relating to the plaster trade, a business which apparently
caused the legislators of that day a great deal of anxiety. To avoid the
absurd navigation laws of both countries this trade was carried on by
conveying plaster from the quarries of New Brunswick and Nova Scotia, in
British vessels to the waters of Passamaquoddy Bay where it was
transferred to American vessels. The Act now passed made it unlawful to
land plaster at any port in the United States east of Boston or anywhere
within the limits of the Province except at St. John or St. Andrews. The
object of this measure was to throw the carrying trade in plaster to
American ports into the hands of New Brunswick and Nova Scotia
shipowners. It was deemed so important that when it was passed it was
sent hy special messenger to Nova Scotia at a cost of fifty pounds, in
order that a similar act might be passed by the Legislature of Nova
Scotia. The legislature of the sister province passed an act identical
in all respects, and both acts received the Royal appropbation and came
into force by proclamation on the 31st January, 1817. These acts proved
quite ineffective, and led to immediate retaliation on the part of the
United States. One act passed in March, 1817, forbade the importation of
plaster from any country' from which it could not be brought by vessels
of the United States, while another passed at the same time, provided
that no goods, wares, or merchandise, should be imported into the United
States from any foreign port, except in vessels of the United States or
in such foreign ships as truly belonged to the citizens or subjects of
the country in which the goods were produced. This last act was aimed
more particularly at Great Britain.
As the plaster law was
evidently not helping the shipping of New Brunswick, business men were
very anxious to have it repealed, and in 1818 an act was passed
authorizing the government to suspend its operation. The matter rested
until 1820, when it suddenly occurred to the members of the legislature
that a duty might be collected on plaster exported and it become a
source of revenue. Accordingly another plaster act was passed imposing a
duty of seven shillings and six pence a ton, on all plaster brought into
the County of Charlotte.. By the same act authority was given to appoint
a preventive officer to see that the law was enforced. This law was no
more successful than its predecessor. Mr. Stephen Humbert, the
preventive officer, with only a few men at his command, found himself
utterly powerless to put a stop to the illegitimate trade or collect
duty. He was resisted by the captains and crews of the plaster vessels
with muskets and other weapons, and his life put in jeopardy. At one
time as many as fifty vessels, laden with plaster, were anchored in
Passamaquoddy Bay and their crews were combined to resist Mr. Humbert
and his men. The attitude of the plaster men was one of utter defiance,
and they were supported <n their resistance by the public sentiment of
the people of Nova Scotia, who did not relish the idea of plaster from
their province being forced to pay tribute in the shape of duty in New
Brunswick. Both branches of the Nova Scotia legislature addressed a
remonstrance to the Governor of that province against the New Brunswick
plaster law, and although this remonstrance was treated by the New
Brunswick Council as a breach of privilege, the law was repealed at the
session of 1821. Probably the action of the legislature in repealing
this law was-hastened by an act which had been passed by the Congress of
the United States forbidding any British vessels from the British North
American Colonies to enter United States ports, and making it unlawful
to import any goods from these colonies except such as they produced.
At this session of the
Legislature an act was passed authorizing the purchase by the Province,
ol the House, in which Governor Carleton had resided. The latter had
become a large owner ot land in the vicinity ot Fredericton and had
built himself a residence on the site still occupied by the old building
known as Government House. This House and about fifty acres of land,
were sold to the Province for three thousand five hundred pounds, and
one hundred and fifty pounds was paid to the College in commutation of
ground rent, for a part ot the land had been leased from the College.
This transaction closed the connexion of Governor Carleton with the
Province of New Brunswick, and he died a few months after it was
completed. He had. tilled the office of Governor tor almost thirty-three
years, during about fourteen of which he had been an absentee, enjoying
one-half the salary of his office but doing nothing to earn it. During
his long residence in England he seems to have ceased to exercise any
influence on the affairs of this Province, his recommendations were not
regarded, and all substantial power passed out of his hands. Even those
who had been his firmest supporters forsook him in his old age, and made
cruel remarks about his indolence, his coldness of heart and his
indifference to the interests of his friends. The party which he had
gathered about him while in New Brunswick, kept together for some years
after his departure, but death began to deplete its ranks and the rise
of new men to influence, modified its character. It was no longer
supreme in the Province, as it had been in the good old days when the
Governor and hip Council controlled everything.
The fifth House of
Assembly was dissolved in July, 1816, and tlie elections took place
immediately. There were a considerable number of changes in the
representation of the different constituencies, the most noticeable
being the absence of William Pagan, who had sat continuously as a
representative of St. John since 1786. Mr. Pagan's legislative record
was an honorable one, for he was always found on the side of the people.
In 1817 he was appointed a member of the Council, being the first man,
not a member of the Church of England, who obtained a seat in that body.
Mr. S. D. Street was another of the old members who did not appear in
the new House. He had been a member of the third and fifth Assemblies
and had been a most useful representative, supporting Mr. Glenie most
loyally in his efforts to improve the administration of public affairs.
No man in the Province except Mr. Glenie, had been the victim of so much
vulgar abuse from the persons who posed as gentlemen and members of the
Provincial Aristocracy. He had been systematically excluded from every
position of honor or emolument, although his claims were undoubtedly
superior to those of many who were preferred to him. He was now well
advanced in years and perhaps age had weakened his regard for the rights
of the people, for in 1819 he became a member of the Council and fell
into the ways of that obstructive body. Two of his sons who entered
political life, abandoned altogether the path which their father had
taken in. his. youth, and became violent supporters of the old family
compact and all its abuses. They were admitted into the sacred circle
that had been closed to their father and associated with men who had
made him the object of their ridicule and abuse.
The Legislature met in
1817, on the 4th February, and it was not prorogued until the 22nd
March. As the Speaker of the former House had become Provincial
Treasurer and was not a member of the new House, it became necessary to
elect A new Speaker, and this honor fell to William Botsford, a son of
the first Speaker, who had been elected to represent the County of
Westmorland. The President who met the Legislature, was not General
Smyth, who had been called to Nova Scotia, but Lt. Col. Hams W. Hailes,
an old officer, who had been a resident of the Province from its first
formation, tilling the office of Fort Major, and who now, as the Senior
military officer in the Province, assumed the government. Hailes must
have found his position rather an awkward one, being placed over the
heads oi so many men who were his superiors in everything else but
military rank. An ex-Fort Major must have seemed a very small man to
such a personage as Judge Saunders or Jonathan Odell, yet the
regulations oi the British Government of that day made him their
superior. There was no order given by the home authorities that was so
unpopular as that which took away the right oi succession to the
presidency from the senior member of the Council, and gave it to the
senior military officer. But the Council in 1817, was a very different
body from the Conned of 1784. Of the original members of the Council the
only survivor was Jonathan Odell. Of the others who were appointed prior
to the close of the eighteenth century Daniel Bliss, Judge Upham, and
Beverley Robinson were also dead, and George Leonard had not sat in the
Council for several years. The only members who attended its meetings
regularly, were Chief Justice Bliss, Judges Saunders, Bliss and Chipman,
Mr. Odell and Mr. Sproule. All these men were officials in the pay of
the province, or of the British Government and four of them, in addition
to their duties as members of the Executive and of the Legislature, had
also to perform judicial functions.
President Hailes in his
opening speech, suggested a number of topics for the consideration of
the Legislature, the state of the revenue, the improvement of the means
of communication, and the encouragment of agriculture by means of
bounties. He did not refer to a matter which immediately engaged the
attention of the legislature, the destitution which hail arisen in
consequence of the failure of the crop throughout the Province, which
had left some without food, and many without seed or the means of
procuring it. At an early day in the session, a committee was appointed
to inquire into the necessities of the inhabitants occasioned by the
failure of the crop, arid the sum that would be required to relieve
them. As a result of their inquiries, an act was passed providing for
the expenditure of six thousand pounds by commissioners, in the purchase
of grain and potatoes, for seed to be distributed to persons who were in
need of them Receipts were to be taken for the articles given, and
payment was to be made in money or work on the roads. The Province is
still in possession of most of these receipts, and it is almost
unnecessary to say that they have never been paid. The accounts of the
Commissioners show that they sold flour to the destitute, in small
quantities. All the articles brought famine prices; Hour was six pence a
pound, or twenty-one dollars a barrel, rye flour twelve dollars a
barrel, wheat three dollars and a half a bushel; corn two dollars and a
half a bushel, potatoes about one dollar a bushel. The amounts disbursed
to each person were in most cases quite small, 328 persons being
relieved in St. John county, at a cost of £1,008 2s. 6d., and
ninety-five persons in Sunburv, at a cost of £351. An act was passed at
the same session, forbidding the exportation of corn, meal, flour and
potatoes, from the province for four months.
This threatened famine
seems to have aroused the Legislature to the necessity of doing
something to increase the productiveness of the province, for at this
session, an act was passed granting bounties on wheat, rye, Indian corn,
buckwheat, barley and oats, grown on new land. This act was continued,
by an act passed in 1820, and again in 1826, and expired in 1833. Its
passage at this time was a proof that the neglect of agriculture is not
a modern evil, and that eighty-five years ago there was a disinclination
on the part of the young men of the Province to settle on wilderness
land. The complaint was then heard, as it has been many times since,
that the lumber industry was injuring -agriculture by withdrawing the
most active and vigorous of the young men from the farms.
Evidently the great
want of New Brunswick was-population, and this view had so strongly
impressed itself on the legislature in 1810, that a sum of one thousand
pounds was voted to encourage immigration. The result of this movement
was the arrival of one hundred and eleven persons from Greenock, in the
ship Favorite, in the autumn of the same year. Most of these people had
little or no means, and some additional expense had to he incurred in
settling them so that they could make their own way. This was the
beginning of an emigration to New Brunswick which at one time reached
large proportions, for the close of the great war was followed by hard
times in Great Britain, and many persons were thrown out of employment,
Both the 104th Regiment and the New Brunswick Fencibles were disbanded
this year, and a considerable proportion of the men settled on
wilderness farms. There was also another and less desirable element
added to the population of the province about this tune. During the
operations of the British fleet on the coast of the Southern States
during the war, many slaves fled to the warships to escape a life of
hopeless servitude. The British would have preferred not to be troubled
with them but in many cases their pleading for liberty could not be
resisted, and about two thousand of them arrived in Halifax after the
war. In April, 1813, the Governor of Nova Scotia communicated the news
of their arrival to the President of New Brunswick, and asked him to
provide for tour or five hundred of them. This was submitted to the
Council and agreed to. They arrived in May to the number of about 400,
and were disposed of in various ways, a good many of them being allowed
grants of land, 50 acres with a frontage of 20 rods being given to each.
The settlement at Loch Lomond was founded by these negroes. They did not
make good settlers being lacking in those qualities oi thrift and
industry which are so essential to success in a new country'. The negro
population of New Brunswick was never considerable. although the
loyalists brought with them several hundred slaves. There are now less
than two thousand colored people ill the province, about half of whom
live in the cities and towns. Two thirds of these negroes are probably
descendants of the slaves that were brought to the province in 1783.
President Hailes, a few
days after the opening of the. legislature, sent a message to the House
recommending that provision be made for the payment oi the members of
the Council, acting in their executive capacity. The House went into
committee on this message, but declined to take any action, a decision
which seems to have greatly provoked the Council, for two days later
they passed a resolution that in future no bill, resolution or other
proceeding founded on any application addressed to the House oi
Assembly, be sustained by the Council unless an application to the same
effect, with such documents as may accompany the same, be also presented
to the Council. This meant that all petitions sent to the Assembly must
also be sent to the Council. From this time until the end of the
session, the conduct of the Council was only distinguished by its
perversity. They threw out about halt the bills sent up to them by tbe
House and rejected nearly all the bye road grants for roads and bridges,
absolutely refusing to agree to the request of the House for a
conference on these grants. A large number of other important grants for
necessary services were also negatived by these petulant legislators.
The interests of the Province were nothing to iheru so long as their own
spiteful feelings could be gratified. Among the grants thus summarily
rejected, was one for one hundred and sixty pounds to aid in the
establishment of the Scotch settlement at Napan.
President Hailes
continued to administer the affairs of the Province for more than a
year, or until November, 1817, when he was succeeded by General Smyth,
who had been appointed Lieutenant Governor on the 28th February, just
twenty-six days after the death of General Carleton. As Smyth was in
Halifax when Carleton died, he must have hail influential friends '.a
England working for his interests. General Smyth professed to regard
this appointment as a tribute to his own merit, and it greatly increased
his idea of his own importance. He therefore returned to the Province in
a frame of mind but little suited to a course of moderation and
conciliation with regard to the legislature and the people, and
certainly no more unfit person could have been selected to govern a
colony like New Brunswick, than General Smyth. Reared in a barracks and
accustomed from his earliest youth to implicit obedience to all orders
given by his superiors, he could have no correct idea of the feelings of
the people he governed, or sympathy with their views. The maintenance of
the old system by which the Province had been misgoverned for
thirty-five years, was the leading feature of his policy, and he looked
upon the efforts of the House of Assembly to bring about a better state
of affairs as seditious and even treasonable.
The Treaty of Ghent by
which peace was made between Great Britain and the United States
provided for a commission to decide the ownership of the Islands in
Passainaquoddy Bay, all of which since the capture of Eastport, had been
in the possession of the British. The Commissioners selected ior this
important work were Thomas Barclay for Great Britain, and John Holmes
for the United States. The British agent was Ward Chipman. The
Commission first met at St. Andrews in September, 1816, and adjourned to
meet in Boston in May of the following year. The decision, which was
finally rendered in November, 1817, gave Moose Island, Dudley Island and
Frederick Island to the United States and all the other Islands,
including Grand Manan, to Great Britain. This decision was accepted by
both nations, and one portion of the vexatious boundary question set at
rest. Eastport, which had been held by the British since its capture in
1814, was, under this decision, restored to the United States.
When the legislature
met on the 21st January, 1818, Governor Smyth was able to congratulate
its members on the favorable result of the boundary commission His
speech was mainly made up of an eulogy of the conduct of Great Britain
in bringing the late war in Europe to a successful close, in abolishing
the slave trade and diffusing the Holy Scriptures to the remotest
nations in their own languages. His only references to the local
concerns of the province, were with regard to the success of the
settlements of the disbanded soldiers of the 104th and New Brunswick
Fencibles on the link of communication with Canada, and to the schools
which had been founded under the acts for extending and improving
education. There was an air of peace and contentment about the
Governor's speech which seemed to promise a peace in land harmonious
session. Yet all this apparent calm was merely on the surface, for this
session was the beginning of a period of agitation which never ceased
until the old order of things had passed away and the battle of reform
had been won. The first movement hostile to the Governor, came from
Capt. Agnew, a member tor York, who for many years had supported the
Governor, asking him to lay before the House copies of such portions ol
the royal instructions with regard to the granting of crown lands, as he
might think proper, and also copies of the regulations under which the
fees on land grants had been taken at the different public offices. This
was carried and when the papers were brought down they were referred to
a select committee, who reported that they could find nothing in the
royal instructions to justify the system, which hail been recently
adopted at the Crown and Office, of compelling each applicant for land
to take out a separate grant. The reason why the Crown Land officials
insisted on a separate grant to each applicant, was that their fees were
thereby increased. These fees were so enormous that the officials who
exacted them speedily became rich. For a lot of land not exceeding three
hundred acres they amounted to £11 13s. 4d., and for one thousand acres
granted to ten grantees in severalty the fees charged were £55 11s.
10d., or about $222 of the money of the present day. Enjoying such
enormous perquisites it is not surprising that the officials of those
days desired no change, and looked upon all who criticized their conduct
as little better than rebels. The committee, in their report, expressed
the opinion that if the system then in force was continued, it would be
highly injurious to the interests of the public and amount almost to a
prohibition of the future settlement of the province. Acting on this
report the House again requested the Governor to furnish them with such
parts of the royal instructions as he deemed necessary, and he sent them
a copy of a letter from Lord Bathurst as to the mode of passing the
King's grants. This letter which was dated May 13di, 1817, stated that
in future the grants should be made out separately to each individual
applying for them. The committee of the House reported that Lord
Bathurst evidently did not understand the mode of granting lands in this
province, and that as his letter merely pointed out a remedy for evils
that did not exist, it could not be taken to justify the system
complained of by the House. This was followed up by a resolution of the
Assembly, asking the Council to join with them iu an address to the
Prince Regent against the existing system of granting land, and asking
that the practice of including several grantees i.i one grant he again
adopted. The Council declined to accede to this request, alleging as a
reason for their refusal that, in their capacity of privy councillors,
they had already adopted measures to carry the object of the address
into effect. This was true enough, hut there was no reason why they
should not join the House in the address. As it was the address of the
House to the Prince Regent was forwarded, without reference to the
Council, and a reply was received from Lord Bathurst in which he stated
that he saw no objection to continuing the system including a number of
grantees in one grant. The whole affair was a singular illustration of
the loose manner in which the affairs of the department which had charge
of the Colonies were conducted. Apparently President Hailes had been
influenced by the officials who profited by the change to suggest this
new method of issuing grants, and it was adopted by Todd Bathurst
without any farther inquiry.
The Council and House
of Assembly joined in another address to the Prince Regent on a subject
which was beginning to become interesting, the British timber duties.
The duty on foreign timber in Great Britain was heavy, while in 1818,
Colonial timber went in free. There was an apprehension which proved in
the end to be well founded, that the duties on foreign timber would be
reduced, and a duty placed on Colonial timber. The address of the
Council and House of Assembly to the Prince Regent was a protest against
the imposition of such a duty, and it was stated that the exports of
squared timber from New Brunswick in the year 1817, were upwards of two
hundred thousand tons, all of which went to the United Kingdom. This was
the first of a long series of similar protests, some of which will he
noticed in future pages, hut which in the end proved wholly ineffectual.
The timber duties were (loomed, and although many years passed before
they were finally abolished, the time at length came when they were
swept away, and both foreign and colonial timber placed on the same
footing.
But although the
Council and Assembly joined in this address the relations of the two
branches of the legislature were by no means cordial during the session.
An unusually large number of bills that the House had passed, were
rejected by the Council and many appropriations were also thrown out,
among them all the grants for the bye roads. The Council also threw out
the grant of one hundred pounds to the Speaker ot the House, and twenty
shillings a day to each member for his expenses and travelling charges.
This was a revival of the old quarrel which had left the Province
without either a revenue act or an appropriation act twenty years
earlier. The Assembly nothing daunted by this rebuff sent up a separate
bill to provide payment for the Speaker and members, and this act was
agreed to by the Council The act was to remain in operation during the
existence of that House of Assembly. It was followed by another bill to
provide for the payment of the actual expenses of the members of the
Council, This was also agreed to by the Council, with a proviso that it
should not come into operation until it had received the approbation of
His Majesty. This proviso had a curious result. Nothing more was heard
of the hill until the year 1822, four years after it had been passed,
when a despatch was received from Earl Bathurst stating that it had been
disallowed, and that the bill for the payment of members of the House
had also been disallowed. The latter bill had not been reserved, the
Speaker and members had been paid under its authority and it had
expired, because the House that passed it had ceased to exist. Another
House had been elected and had passed a similar law, and it had also
been dissolved by the irate Governor. A third House was now holding its
second session, having at its first passed an act providing for the
payment of members, and yet after all these changes, Lord Bathurst
suddenly wakes up and disallows an act which was not reserved for his
consideration, and which had already done its work. The reason given for
the disallowance of these two acts, was, that "It would be more suitable
to the dignity and independence of legislative bodies to meet in General
Assembly without receiving daily pay, and their Lordships have no reason
to apprehend that the Province of New Brunswick could not furnish
representatives who would be ready to perform their duties as members of
the Legislature, without receiving a pecuniary allowance for that
service. The truth of the matter was that their Lordships knew nothing
about the matter and cared less. They acted on the advice of the
Colonial Minister, who received his inspiration from Governor Smyth, who
had made up his mind to prevent the members receiving pay. |