THE session of 1844 met
on the 1st of February. The principal topics mentioned in the Governor's
speech were the settlement of the Crown lands, the encouragement of
agriculture, the fisheries, domestic manufactures and the improvement of
the educational institutions of the Province. The most interesting
matter, however, which was discussed during the session, was not a
provincial concern at all, but had its origin in another colony. The
Governor General of Canada at that time was Sir Charles Metcalfe, a
person who is said to have possessed much ability, but who was certainly
most unfit for the position he occupied. Sir Charles Metcalfe persisted
in making appointments, not only without the advice of his council, but
directly contrary to it. He claimed to stand on what was termed the
Royal prerogative, which was supposed to justify all appointments. Under
this system the people of New Brunswick had already seen persons placed
in high positions who were not natives of the Province, and who knew
nothing whatever in regard to its people or its needs. The appointment
of Mr. Baillie to the office of Surveyor-General was an instance of
this, and a still more flagrant case was the appointment of James
Carter, a young Englishman, to be a judge of the Supreme Court in 1834,
on the death of Chief Justice Saunders. This was a gross insult to the
bar of New Brunswick, which then included many able lawyers who were far
more competent to fill the position than Mr. Carter. Yet the appointment
was justified on the ground of the royal prerogative. It might have been
supposed that the people of New Brunswick, who had suffered from this
cause, would have had some sympathy with their brethern in Canada, who
were seeking to control the actions of a despotic governor, but during
the session, Mr. Allen of York moved the appointment of a committee to
prepare an address to Sir Charles Metcalfe, expressive of the high sense
entertained by the representatives of the people of New Brunswick for
the constitutional stand taken by him in the recent memorable conflict
with His Excellency's late advisors. This resolution was not passed
without a hot discussion, in which Mr. Wilmot and Mr. Fisher defended
the late advisors of the Governor General and pronounced the conduct of
His Excellency unconstitutional. The address which grew out of this
resolution declared that the representatives of the people of New
Brunswick could not refrain from supporting His Excellency in
maintaining the prerogatives of the Crown, invaded as they conceived
them to have been, by the extraordinary claims of the Council. It also
declared it to be their firm belief that if the extravagant demand made
upon the Governor General had been granted, monarchical institutions on
this continent must soon have ceased to exist. The meaning of this was,
of course, that a Governor, in making appointments, was not bound to
take the advice of his Council. What would the people of Canada say
today if a Governor General insisted on appointing men to public offices
against the advice of his cabinet ? Yet not content with the fulsome and
absurd address sent to the Governor General by the House of Assembly,
the city of St. John, to show its loyalty, presented a similar address
and one signed by 1,000 persons was sent by the county of York. Such
abasement and subserviency to an unconstitutional Governor was certain
to bring its own punishment, and it came much sooner than any one could
have anticipated. On Christmas day of the same year, the Hon. William
Franklin Odell, who had been Provincial Secretary for thirty-two years,
died at Fredericton. Mr. Odell's father had been Secretary before him,
from the foundation of the Province, so that the Odell family had held
that important and highly lucrative office for sixty years.
Sir William Colebrooke,
on the 1st of January, 1848, just one week after the death of Mr. Odell,
appointed his son-in-law, Alfred Reade, who was a native of England and
a stranger to the Province, to the vacant office. The gentlemen who had
been most prominent in shouting their approval of the "" Constitutional
stand" taken by Sir Charles Metcalfe, now suddenly discovered that Sir
William Colebrooke's conduct in making this appointment, without
consulting his Council, was a fearful outrage, and their distress was
pitiable to behold. Several members of the Government, including such
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 Johnston, E. B. Chandler, and R. L. Hazen, addressed to His
Excellency, gave as their reasons for resigning, that they could not
justify the exercise of the prerogative of the Crown in respect to Mr.
Reade's appointment, because they felt that the " elevation to the
highest offices of trust and emolument, of individuals, whose character,
services and claims to preferment, however, appreciated elsewhere, are
entirely unknown to the country generally is prejudicial to the best
interests of the Province." They did not, however, make it a ground of
objection that the appointment of Mr. Reade was forwarded for the Royal
approbation without the advice or concurrence of the council. These
gentlemen evidently thought it was too early for them to eat the words
in regard to the prerogative of the Crown, of which they had been so
free a few months before. But they showed their true character, by
deserting the Governor because he had been foolish enough to believe
that their profuse expressions in favor of the Royal 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 inhabitants
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 Executive,
and should hold a seat in one of the Houses of the Legislature, his
tenure of office being contingent upon the successful administration of
tlv3 Government. When the House met, in the latter part of January, the
Reade appointment immediately became the subject of discussion, and by a
vote of 24 to 6, an address was passed to Her Majesty, the Queen,
condemning the appointment, not as the members said, because they
questioned "in the remotest degree the prerogative of the Crown or its
undoubted right to make such appointment," but because they thought that
the right of appointment had been improperly or unjustly exercised. In
other words the members of the House of Assembly surrendered the
principle that appointments should be made by the Governor, with the
advice of his Executive, and only objected to the Reade appointment
because, in their opinion, some one else should have been chosen. It is
easy to see that in subscribing to this address, the members of the
House stultified themselves, 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 difficulty, however, was the
cancelling of Mr. Reade's appointment by the Home Government. This
decision was commuunicated 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 despatch 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 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 the people, whatever may be the variations
arising out of the local considerations and the state of society in
various colonies, subject to which, that principle may be carried into
practice ; and it is anxiously hoped, that the same wise forbearance
which has led the House of Assembly to decline the unnecessary
discussion of subjects of so much delicacy, may lead them also to regard
the practical decision now announced, as the final close of the
controversy, and to unite in the promotion, not of objects of party
strife and rivalry, but of the more substantial and enduring interests
of the colony which they represent. " If these words have any meaning,
they seem to show that at that date, the British Government believed,,
the right of appointment to be in the Crown without reference to the
Council, and that they were unwilling any general principle should be
laid down by the Legislature of the Province which conflicted with this
view. Even so late as the year 1851, the Colonial Secretary 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 the 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 that period,
neither the British Government nor the people of New Brunswick, had
grasped the true meaning of the constitution 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
appointments to the most important offices on its mere motion, and
without consulting the wishes of the people or their representatives.
At the session of the
legislature in 1844, an act was passed to prevent the spread of leprosy
in New Brunswick. This disease had existed among the French population
of Northumberland for a number of years, and seemed to be making some
advances. The act in question provided for the erection of a lazaretto,
in which persons afflicted with leprosy could be confined, so that the
infection would not be communicated to others. This lazaretto was soon
afterwards established, and it continued to be supported by the
provincial government for about half a century. Recently it has been
taken over by the Dominion authorities. It is remarkable that during
this long period of time, the number of victims to this loathsome
disease remains about the same, so that there does not seem to be any
hope of it being speedily stamped out.
During the session, Mr.
Hill of Charlotte, who was always an ardent friend of Responsible
Government, succeeded in committing the House to a declaration in its
favor. At his instance a resolution was passed, in which the House
declared that it viewed with much satisfaction, the recognition and
exposition by the Governor-General of the recently established system of
Colonial Responsible Government as contained in his Excellency's late
reply to the address of the warden and councillors of the Gore district
in Canada West. This was passed by a vote of 21 to 5. Some of the
members who voted for it appear not to have been aware that they had
committed themselves to Responsible Government, for on the following
day, Mr. End, who voted for the resolution, moved that it be expunged
from the Journals. This was lost by a vote of twenty-one to nine. The
majority included a number of men who had never before displayed any
sympathy with Responsible Government, and who had but an imperfect
understanding of what it signified.
It was at this session
that the famous case of Doak and Hill disturbed the House of Assembly.
These persons were proprietors of a newspaper called '' The Loyalist",
and they had been very free in their criticisms of Mr. L. A. Wilmot and
others, who opposed the address of the House to Sir Charles Metcalfe. It
had been the custom of the House of Assembly to deal in a very summary
manner, with persons who ventured to criticize the views of its members,
and, in this instance, the attack made upon Mr. Wilmot was highly
resented even by those who were not in sympathy with his views. A
resolution was submitted to the House by Mr. Allen of York, and carried,
that Doak and Hill be brought to the bar of the House for breach of
privilege. This was done, and they were ordered to be imprisoned in York
county jail. Mr. David S. Kerr, their legal adviser, made an application
on their behalf to Mr. Justice Carter for a writ of Habeas Corpus, and
the judge ordered their release. They immediately went back to the House
of Assembly and exhibited themselves in the gallery, a piece of
impertinence which fairly set the House wild with excitement. They even
issued a second edition of their paper, in which they renewed their
attack upon the House, and sent copies of this edition to be distributed
in the House. This was setting the authority of the House at defiance,
and it led to the matter being referred to the committee of privileges.
This committee made a lengthy report, in which the right of the House to
commit for contempt was affirmed, and expressed regret that the views of
Mr. Justice Carter should have induced him to interpose for the relief
of the avowed perpetrators of so atrocious a libel. Nothing more was
done to Doak and Hill, but they brought an action against the speaker
for false imprisonment and recovered £200 damages. The Supreme Court of
New Brunswick agreed with Mr. Justice Carter, in deciding that the House
had no right to imprison individuals summarily for contempt. The
exercise of such a power was certainly a most unwarrantable interference
with free speech. Messrs. Hill and Doak were Tories of an extreme type,
and their attack was made upon a reformer who was upholding correct
constitutional principles in the House of Assembly, but they certainly
had a right to protection in their criticisms of a public man, for his
way of dealing with public questions. After the case of Doak and Hill,
there was no pretence for the summary imprisonment of any one who
ventured to differ from the House of Assembly. The fact that the House
did nothing more than accept the report of its committee was explained
on various grounds. Some thought it was because they really did not
believe that the privileges of the House were so extensive as the report
claimed, while others put their acquiescence on the ground that the
offenders were upholders of the Family Compact.
The Legislature again
met in January, 1845, and the Governor was able to congratulate the
members on the great improvement that had taken place in the revenue,
and the favorable change in the commercial prospects of the Province. He
also congratulated them on the success of the measure for the inspection
of parish schools. He expressed the hope that before the session ended,
an improved system for the management of these schools should be
adopted. He announced that Her Majesty's Government had caused a survey
to be made for a new line of road, to be carried through the Province of
New Brunswick to Quebec, and he recommended that, in accordance with the
instructions he had received, they give such facilities for the
settlement of the lands adjacent to the line, as would provide for
keeping open the roads when completed. This was done by an act passed
during the session. Among the other acts of the session, was one to
incorporate the St. John Gas Light Company, which was another proof that
the old fashions were passing away, and that modern improvements were
beginning to be introduced into the Province. The Governor was able to
announce, that the act to improve the law relating to the election of
representatives to serve in the General Assembly, had been ratified by
Her Majesty in Council. The principal feature of this act was, that it
reduced the time during which polls should be kept open for an election,
to one day, and provided that a poll should be held simultaneously all
over the county. This was an immense improvement on the old method by
which the polls were kept open, first for fourteen days, and afterwards
for eight days. The bill had been passed at the session of 1843, but it
had taken Her Majesty's Council fourteen months to decide that it was a
proper measure to be ratified. This necessity for referring almost every
bill of importance to the Home Government, was a great nuisance, and to
a large extent placed the Legislature of the Province at the mercy of a
set of men who were wholly ignorant of its needs. No act passed by the
Legislature, however necessary its provisions might be, was certain of
being approved by the Home authorities for they were largely influenced
by the opinions of the Governor, and when the Governor happened to be a
man like Sir Archibald Campbell, he was not likely to approve of any
measure which seemed to interfere with his privileges, or to increase
the power of the Legislature. Equally objectionable was the manner in
which the Legislature was controlled by despatches from the Colonial
Secretary, who might be a wise man and capable of giving sound advice,
or on the other hand might be a man quite incompetent to give
directions. In any case, the advice was certain to be given from an
English point of view, and not from that of a resident of New Brunswick,
and the best of men, living 3,000 miles away, could hardly be expected
to understand the views of the people of a Province so remote and. so
little known.
At this session of the
Legislature an act was passed for the amendment of the charter of King's
College. This act did not, however, receive the ratification of Her
Majesty in council, for nearly two years, so that the condition of
affairs which it was designed to amend, existed until February, 1847.
There were many complaints about the college from different quarters,
but the most serious were those which were based on the character of its
charter, which placed its entire control in the hands of members of the
Church of England. The object of the amending act was to change this
feature of the charter. The bill was introduced by Mr. Wilmot and passed
the House by a large majority although violently opposed by a few
members, who maintained that a Royal charter could not be amended by the
Legislature. This ground was also taken by the governing body of the
college, although they were receiving every year from the Legislature
£2,200 for its maintenance. It met with considerable opposition in the
Legislative Council but was finally passed. It provided that the
Lieutenant Governor should be visitor of the College, instead of the
Bishop; that the Chief Justice of the Supreme Court should be
Chancellor; that the President need not be a clergyman of the Church of
England, but should be a person appointed by the visitor, on behalf of
Her Majesty. The College Council was to consist of the Chancellor, the
President of the College, the Master .of, the Rolls, the Speaker of the
House of Assembly, the Secretary of the Province, the Attorney General
and nine other members, to be nominated by the visitor, and it was not
required that these members of the Council should be graduates of the
College or of any other University, or that they should be subjected to
any religious test. The only professor connected with the College who
was required to be a member of the Church of England was the Professor
of Theology, but it was enacted that divine service should be held in
the College according to the rites and ceremonies of the Church of
England. If the Legislature of that day had possessed sufficient
foresight to get rid of these two last provisions, there would have been
nothing in the constitution of the College which could have been
complained of, but the fact that there was a chair of Theology, and that
the services of the \ Church of England were maintained in the College,
had the effect of largely neutralizing the advantages which should have
accrued from the change in the governing board. The people still looked
upon the College as a Church of England institution, and the result was
that it never became a College of the whole people, as it should have
done, and that rival institutions were set up which deprived it of
students who ought to have attended it.
A great deal of the
time of the session was taken up in the discussion of the Reade
appointment, and a resolution, moved by Mr. Partelow, was passed that
the Executive Council did not possess the confidence of the House nor of
the country at large. This was carried by a vote of 22 to 9, and was the
first instance of a vote of want of confidence being carried in the
House of Assembly. The effect of the vote was not so great, however, as
a similar vote at the present time. The Lieutenant Governor did not feel
bound to dismiss his council in consequence of it, and no head of a
department had a seat in the House of Assembly. The retirement of
Messrs. Hazen, Chandler, Johnston, and Wilmot from the Executive Council
in consequence of the Reade appointment, had reduced it to a very weak
condition, its only representative in the House of Assembly being Mr.
Simonds, who had to bear the whole burden of the obloquy which the Reade
appointment had caused. The position of Mr. Simonds was somewhat
peculiar, for he was compelled to withdraw from the advocacy of those
principles of responsible government which he had formerly supported.
From that time forward he may be classed with the Conservatives, for he
seems to have changed his views, not only with regard to the initiation
of money votes, but also with reference to appointments to office.
During the session of
1846 a number of despatches were laid before the House of Assembly with
regard to railways. At this time the question of uniting Halifax with
Quebec by means of a railway, was beginning to receive attention and Mr.
Gladstone thought it necesssary to send some instructions to the
Governor of New Brunswick, with regard to the principles which had
guided Parliament in its railway legislation for England. No doubt these
principles were sound, and perhaps such directions were necessary for a
Legislature which was not accustomed to deal with railway matters, but
there was as much in English railway legislation to be avoided as to be
imitated, for it had been rendered enormously costly in consequence of
the opposition of the land owners, who fought the railway bills in both
Houses of Parliament. A despatch was also received from the Clerk of the
House of Assembly of Nova Scotia, enclosing a resolution which had been
passed in that body in favor of a railway to Quebec, and requesting the
Governor to cause surveys to be made during the year. Upon this the
House of Assembly passed a series of resolutions declaring that nothing
would tend more to advance the prosperity of the British colonies of
North America, to cement their union and preserve their integrity, as
valuable appendages of the Crown, than a railway connecting the
Provinces of Canada, Nova Scotia and New Brunswick, and that this House
would not be behindhand with their fellow-subjects, the people of Canada
and Nova Scotia, in making such provision for this railway as the
resources of the Province would warrant. These resolutions were carried
by a very large majority. The action of Nova Scotia and New Brunswick in
1846, may be said to have been the foundation of the Intercolonial
Railway, although nearly thirty years were to pass before the hopes of
those who desired the construction of this road, were realized.
While the people and
the Legislature were willing to support a railway that would unite
Halifax with Quebec, those who lived on the River St. John favored a
line which would go up the river from the city of St. John through
Fredericton and Woodstock, to the boundary of the Province with Canada.
Accordingly a company was incorporated at this session to construct this
railway, but the act, like nearly all the important acts which were
passed by the Legislature, had to be ratified by Her Majesty in Council.
Another act was passed, granting whatever Crown land was required for
the construction of the railway and also for its stations, houses and
warehouses. In addition to this the sum of £7,500 was granted for seven
years by way of subsidy to encourage the builders of the proposed
railway. It is evident that the people of that time had a very imperfect
idea of the cost of railways, as such a subsidy would be now looked upon
as absurdly small. It is hardly necessary to state that no railway was
constructed under this act.
The people of New
Brunswick had to wait a long time for a line of railway from St. John to
Quebec, by way of the St. John River; in fact this has not been realized
up to the present day. After confederation, and, when the route of the
Intercolonial railway by the North Shore had been settled, the Province
of New Brunswick granted a subsidy of 10,000 acres of land a mile, to a
company willing to construct a railway from Fredericton to the Quebec
line. The railway was completed in the course of time, but it was years
before a connection was made with a line coming from Quebec, and even
since this was effected, the railway has never been operated as a
through line. The Province gave nearly two million acres of the best of
its timber lands, to establish a connection with Quebec by way of the
St. John River Valley, yet the object for which the railway was
constructed has been wholly defeated.
An attempt was made by
Mr. Brown of Charlotte to pass a school bill, by means of which a Normal
or Training school should be established for teachers. At that time the
schools of the Province were extremely defective. It might have been
supposed that a bill which would have the effect of obtaining better
teachers would have been readily agreed to, but after a long debate, in
the course of which almost every phase of the school question was
discussed,, the measure was rejected. In the course of the discussion,
several members expressed their willingness to support a bill which
would tax the property of the country for the support of the schools,
but a quarter of a century was destined to pass away before-this result
was obtained.
GOVERNORS OF NEW BRUNSWICK.
Sir Leonard Tilley, Hon.
John Boyd
Hon. R. D. Wilmot, Hon. J. B. Snowball, Hon. E. B. Chandler
Hon. A. R. McChlan Hon. L. A. Wilmot
Another matter which
occupied much attention during the session was the proposal to give a
retiring pension to Judge Botsford. This Judge had become somewhat hard
of hearing, so that he thought it his duty to resign his position on the
bench. His resignation had been handed in with the understanding that he
was to obtain a retiring allowance, but to carry out this understanding
it was necessary that a pension should be voted to Judge Botsford by the
House of Assembly. This the House refused to do by a vote of 15 to 13,
on the ground that the allowance of a retiring pension to public
officers could not be justified by any system of sound policy and was
uncalled for in a new country like New Brunswick. This vote did not do
any credit to the House which passed it, for Judge Botsford certainly
would not have resigned if he had not been given to understand that he
would receive a retiring allowance. He was succeeded on the Bench by
George Frederick Street, one of the principals in a duel when Mr. George
L. Wetmore was killed. Mr. Street was also hard of hearing so that the
Province did not gain much by the change of judges.
An attempt was made at
this session of the Legislature to obtain a grant of money in aid of
individual subscriptions for the purpose of erecting a monument in St.
John to commemorate the landing of the Loyalists in 1783. The person who
took the lead in this matter was Mr. Partelow, but after a long debate,
the resolution was rejected. Among those who voted against it were
members who were descendants of the Loyalists. Although the erection of
some memorial to the Loyalists had been frequently discussed, it had
never yet been realized, because the persons promoting it could never
agree as to what kind of a monument would be required. Perhaps the best
monument of the Loyalists is the Province itself, which would never have
had a separate existence but for their coming in 1783.
A singular illustration
of the imperfect condition of the Provincial constitution was brought to
light at this session. When the casual and territorial revenues were
transferred to the Province, it was thoroughly understood that the money
arising from them was not to be expended without the consent of the
Legislature, yet in 1845, Governor Colebrooke, acting under the
authority of the Colonial Secretary, expended about £3,000 out of the
surplus civil list fund, for the purpose of surveying the Crown lands in
Madawaska. At the time this despatch was received, some information in
regard to its character leaked out, and, at the session of 1845, it was
asked for by the House, but never laid before them until a whole year
had elapsed. At that time the Government of the Province consisted of
three members only, Messrs. Simonds, Allen and McLeod, all the others
having resigned, and these gentlemen were made the object of a very
vigorous attack, for their conduct in advising the Governor to hold back
this information. The Governor himself was severely censured for his
unconstitutional course, and a resolution was passed by a vote of 20 to
2, declaring that the appropriation was wrongfully made and that, as it
was expended for national purposes, it ought to be refunded.
Under the operation of
the act which limited the term of the House of Assembly to four years, a
new election was held in 1846. This was the first time that the law,
which limited the time of holding elections to a single day, was in
operation, and it worked in a very satisfactory manner and greatly
lessened the amount of rioting and drunkenness which used to prevail
under the old system. A great deal was said by the candidates, on the
hustings, on the questions of economy, loyalty and reform, but the new
House of Assembly did not differ very greatly from the old. Messrs.
Wilmot and Fisher were elected for York, in company with two opponents
of reform, Messrs. Taylor and Baillie. Mr. Simonds ceased to represent
St. J ohn, but his place was well taken by William J. Ritchie, a
vigorous Reformer. The County of Albert, which had been set off from
Westmorland, was now for the first time represented in the Legislature.
Among the members for Westmorland was Amand Landry, a representative of
the French Acadians. He was not the first of that race to sit in the
House of Assembly for Joshua Alexandrie, a French Canadian, had
represented Gloucester in the previous Legislature. It was a proof of
the growing influence of the French Acadians that they were beginning to
send men of their own race to the Legislature, instead of having to
entrust their interests to others who did not understand their needs or
sympathize with their views.
The Legislature met in
January, 1847. In his opening speech, the Governor was able to
congratulate the members on the abundance of the late harvest which had
relieved the pressure on the agricultural classes, caused by the failure
of the potato crop in the previous year. He directed their attention to
the improvement of the parish schools, the establishment of a telegraph
line from Halifax to Quebec, and the improvement of the prisons of the
Province. As the reformers were still in a minority in the House, Mr.
Weldon was again elected Speaker. A singular incident was the election
of the Honorable Hugh Johnston, who was a member of the Legislative
council, to a seat in the House of Assembly, as member for Queens. This
matter was referred to the committee of privileges, who reported that as
Mr. Johnston was a member of the Council he was not eligible to hold a
seat in the House. At this time the Executive council consisted of five
members, the Honorable George Shore, Hugh Johnston, Edward B. Chandler,
Robert L. Hazen, and Charles J. Peters. All these gentlemen, with the
exception of Mr. Hazen, were members of the Legislative council. The
mixed condition of public affairs, and the vague opinions that were
entertained with regard to responsible government, may be judged from
the fact that neither the Provincial Secretary, the Receiver General,
nor the Solicitor General were members of the Executive. In fact, the
only paid member of the Executive council was the Attorney General. Yet
some members of the legislature actually thought with Mr. Brown of
Charlotte, that responsible government was actually in working order in
the Province.
During the session the
Executive Council was filled up to the number of eight, by taking in the
Surveyor General, Mr. Rankine of Northumberland and Mr. Hill of
Charlotte. This was an improvement, because the Surveyor General had an
accurate knowledge of the Crown lands of the Province and was well
fitted to advise the Governor in regard to them. Mr. Rankine was a
gentleman of high character, with an excellent standing in the
commercial world, while Mr. Hill, who had formerly been a member of the
House of Assembly, was a gentleman of liberal views and a sincere friend
of Responsible Government. Mr. Hill, however, was not a member of either
branch of the Legislature at this time, so that his appointment to the
Executive Council was not in accordance with the usages of the present
day. The composition of the new Council was much criticized by the new
members of the House, particularly by Mr. Ritchie, who was a powerful
addition to the debating talent of that body. Mr. Hazen of St. John, had
to bear the burthen of the Government, he being the only member on that
side of the House of Assembly, who had any ability as a Speaker. But he
had behind him a solid mass of voters, so that although the oratory was
decidedly against the Government, the votes were always in its favor.
Mr. Fisher moved a resolution, declaring it to be the opinion of the
House that the administration should, from time to time, 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, and also that the executive should be so
constructed as to combine the talent and experience necessary for the
efficient performance of the important duties required of them, and so
also as to obviate the necessity of an organization of any antagonistic
political parties in the Province. To this Mr. End moved an amendment
that it was not constitutional to resign the initiation of money grants
into the hands of the Executive Council. A long debate followed and it
ended by the defeat of Mr. Fisher's resolution by a vote of 23 to 12,
Mr. End's amendment having been withdrawn.
There was a great deal
of railway legislation this year, the acts incorporating the St. Andrews
and Quebec Railway Company being amended, and also the act incorporating
the New Brunswick Railway Company. The House voted a loan of £50,000 to
the St. Andrews and Quebec Railway on which interest at the rate of 5%
was to be paid. A company was also incorporated for the purpose of
building a railway across the Isthmus of Chignecto. The British North
American Electro Magnetic Telegraph Association was also incorporated.
This had for its object the construction of a telegraph line between
Halifax and Quebec, passing through the cities of Fredericton and St.
John. These measures showed that the country was becoming awake to the
improvements that were being introduced into other lands, and that the
people were no longer content with the facilities for travel and
intercommunication which they then enjoyed.
A new act was passed
for the support and improvement of parish schools, which provided for
the appointment of trustees for each parish, whose duty it should be to
divide the parish into as many school districts as were found necessary.
The Lieutenant Governor and the Executive Council were constituted into
a provincial school board, and endowed with authority to establish a
training school at Fredericton, at which licensed teachers might be
trained for the work of education. A Model School was also to be
established, in connection with the training school. The object was to
introduce a uniform system of teaching throughout the Province, and to
have teachers classified according to their ability. All trained
teachers were required to obtain a license before engaging to teach in
any district. Two inspectors were appointed, whose duty it was, once a
year, to inspect every school in the Province. Untrained teachers might
be continued as teachers for a limited period, but their remuneration
was less than that of the trained teachers. Each school that employed a
teacher of the first class received from the Government £30 per annum;
for the second class the Government money was £22 ; and for teachers of
the third class £18. This law placed the schools of the Province on
quite a new footing, and although it was far from being perfect it was a
great improvement on former school laws. It was the basis of a system
which endured until the free schools came into operation.
This year an
extraordinary immigration took place from Ireland, as a consequence of
the famine which had arisen in that country from the failure of the
potato crop. The immigration to St. John had been steadily increasing
and in 1846 had arisen to the large figure of 9,000, but the year 1847
saw even this large number surpassed and most of the people who came
were almost entirely destitute. The people of the Province early in the
year had learned of the distress in Ireland and about £1,500 was
collected in St. John to alleviate it. The Legislature of the Province
made a grant of £1,500 sterling, and considerable sums were received at
Miramichi and elsewhere. The immigration ships began to arrive at St.
John in May, and it was found that most of them had buried some of their
passengers at sea who had died of typhus fever. The passengers of these
fever infected ships were placed in quarantine on Partridge Island, but
the buildings there were quite inadequate for their accommodation. In
June, 35 vessels arrived with 5,800 passengers on board, of whom nearly
200 died in quarantine, and on Partridge Island, Dr. Collins, one of the
medical men stationed on the island for the purpose of attending the
patients, took the fever himself and died. An hospital was established
in the city in a building which had been an alms house, and there 660
patients were under treatment. When the hospital became too crowded, the
sick immigrants were housed in sheds at the south end of the city, near
the Marine Hospital. In July, upwards of 400 immigrants arrived, with
many sick passengers. The efforts of the authorities were strained to
the utmost, to grapple with that terrible infliction. Altogether 15,000
Irish immigrants were landed at Partridge Island during the year; about
800 died on the voyage, and about 600 at the quarantine hospital, after
being landed, The number of deaths at the Poor House hospital in the
city, was 595, while many, of whom no record was kept, died in the sheds
and in lodgings. The total mortality during the year among the
immigrants, was thus upwards of 2,000, a fearful record, when it is
considered that those poor people were victims of famine, and that the
disease of which many perished, was the direct result of being crowded
in ships while in a low state of health, and in consequence of lack of
food and exposure. More than half a century has passed since the last of
these sufferers died on Partridge Island, but the people of St. John and
of the Province generally are not likely to forget the terrible year of
the fever, which was only surpassed in its dire effects by the outbreak
of cholera a few years later. |