THE session of 1870 met on the 10th of ) February. The principal subject dealt . with in the Lieutenant Governors 1 speech was immigration, and the measures that had been taken to promote the settlement of the Province. There was at this time an impression that it would be possible to bring a large number of immigrants from the United Kingdom to settle in New Brunswick, and to place them on the lands of the Province, granting them free lots and giving them facilities for settlement. Unfortunately for the success of this experiment the prairie country to the westward was beginning to attract attention, and was drawing away from the older Provinces, many of their most adventurous sons. It was difficult for men from the United Kingdom, who were not used to the life of New Brunswick, to settle themselves on a piece of wilderness land and carve a farm out of the forest. Experience has shown that the men best adapted for this sort of work are persons who have been born in New Brunswick, who can wield an axe and who understand the conditions of life which exist here.

The address in answer to the speech was carried without any division, but a question soon arose which gave the opponents of the Government an opportunity of showing their hands. Among the-persons who had been talking annexation in consequence of the passing of Confederation, was George Botsford, the clerk of the Legislative Council, who had filled that office for many years. The Government on the 7 th of February, 1870, removed him, and appointed George J. Bliss, assistant clerk of the House of Assembly, to be clerk of the Legislative Council. The Council at once proceeded to dispute the action of the Government and passed a series of resolutions, declaring that the attempted removal of their clerk was contrary to the Royal instructions, to parliamentary usage and law, and an infringement of the privileges of the Legislative Council. These resolutions also declared that the Queen's commission, issued to the clerk of the House, could not be revoked or cancelled by the Executive Council, without an act of the Legislature sanctioned by the Governor General. It was also resolved that the attempted removal of the clerk was a direct interference with the internal arrangements of the Legislative Council. Strange to say Mr. Botsford was able to obtain the opinion of two eminent lawyers, Mr. Charles Duff and Mr. S. R. Thomson in favor of his contention, although the view put forth by the Legislative Council and by these gentlemen, was treated with utter contempt when it came before the law officers of the Crown in England. This dispute with the Legislative Council threatened to put a stop to legislation altogether, and it was only by a series of expedients, which were somewhat undignified, that the public business could be proceeded with. The conduct of the Legislative Council in this matter, was altogether subversive of the principles of Responsible Government and extremely discreditable. In the end the Council had to yield, and Mr. Bliss was duly recognized as a clerk of the Council. About this time, however, the clerk of the House of Assembly retired and Mr. Bliss was appointed in his place,, and Mr. Botsford was reappointed clerk of the Council.

When the matter came up in the House of Assembly under a series of resolutions moved by Attorney-General Wetmore, affirming the position of the Government and expressing the opinion that the matter should be referred to the Minister of Justice and the officers of the Crown of Great Britain, the Opposition led by Mr. Hibbard, moved a series of amendments favoring the position taken by the Council. These amendments were defeated by a vote of fifteen to twenty-one. But the members of the Opposition placed themselves on record as supporting a wholly unconstitutional proposition, and denying the right of the Executive to make appointments, such as it had been constantly in the habit of making from the foundation of the Province.

At this time the route of the Intercolonial Railway had been settled by the Government of Canada, by the North Shore, and a great deal of dissatisfaction was felt in consequence of its location, especially in the counties bordering on the River St. John. It was thought, and justly, that the objects for which the railway was to be built, would be largely neutralized by carrying it round the arc of a circle, when it might have gone either through the centre of the Province, or up the St. John river. As a result of this feeling, a company was incorporated to build a railway from Fredericton to Woodstock, and from thence to Edmundston in the county of Madawaska. It was expected that this line would connect with a similar line coming from the Province of Quebec by way of River DeLoup. The Government granted a subsidy of 10,000 acres of land per mile, to aid in the construction of this road. This bill passed through both houses of the Legislature without any opposition, the Crown lands of the Province at that time being thought of little value. Since then, this grant has been much criticized as improvident, because it locked up a large area of the best lands of the Province and interfered with their settlement. The railway was built, and connected with a railway extending from River De Loup to Edmundston, but it has never been operated as a through line. It is now owned by the Canadian Pacific Railway Company.

As the House of Assembly had almost completed its term, it was dissolved in June, 1870, and the elections were held immediately. Some important changes took place in the representation of the several constituencies which were not favorable to the Government. Although there was no question of paramount importance before the country, it was felt that the Government was weak. The Attorney General, Mr. A. R. Wetmore, had been appointed a judge of the Supreme Court, and his place as Attorney General, had been filled by Mr. George E. King, one of the representatives from St. John. Mr. King, although a man of ability, was then little known to the general public, and it was thought the Government had met with a serious loss by the retirement of Mr. Wetmore. That this estimate was entirely wrong was shown conclusively at a later day.

Among the new members elected was Mr. George L. Hatheway, who had been a representative of the the County of York and Chief Commissioner of Public Works prior to Confederation. Another was Michael Adams, a young Roman Catholic lawyer, who was sent from the County of Northumberland, and|who afterwards made some figure in public life. Kings County sent J. Herbert Crawford, also a young lawyer, who afterwards became Solicitor General. During the recess an important change had taken place in the personnel of the Government, by the appointment of Mr. Lindsay of Carleton to the office of Surveyor General, in the place of the Hon. Mr. Flewelling, who was defeated in the constituency of Kings. Still, when the House met on the 16th of February, 1871, the Government was felt to be weak, and this was emphasized by the election of Dr. Vail, one of the new members for Kings, to the office of Speaker, on the nomination of Mr. Hatheway. The Government did not venture to oppose this nomination and Dr. Vail was elected unanimously. This gentleman belonged to the old provincial Tory party and had violently opposed confederation.

The principal topic in the speech from the throne was the need of a better system of common schools.

It said: "In comparison with this all other questions for legislative deliberation are of secondary importance. It is the first duty of the governing body to make provision for the education of every child. The children of the poorest in our land should have free access to schools, where they could receive at least the rudiments of an education which will qualify them for an intelligent performance of their duties as citizens." The address in answer to the speech was moved by Mr. Crawford of Kings, and the following Monday appointed for its consideration. When the order of the day was called on that day, the Hon. Mr. King asked that it be enlarged until the following day in consequence of the indisposition of the Hon. Mr. Beckwith, who was unable to be present. On the following day the Attorney General announced that the Government had resigned, and the matter was adjourned for a day. Next day Mr. Hatheway of York announced that, having been called upon by his Excellency, the Lieutenant Governor, to form a Government, he had made up his administration as follows, the Hon. Thomas R. Jones, Hon. George E. King, Hon. William M. Kelly, John S. Covert, Esq., Benjamin R. Stevenson, Esq., William S. Caie, and himself. The House was then prorogued after a session which lasted just one week. The formation of this new Government involved only two changes in the public departments. The Hon. Mr. Hatheway became Provincial Secretary in the place of the Hon. Mr. Beckwith, while Benjamin R. Stevenson of Charlotte, was appointed Surveyor General in the place of the Hon. Mr. Lindsay. The manner in which the new Government was made up showed clearly enough that party lines had been to a large extent obliterated.

The Legislature met again on the 5th of April, and, in the speech from the throne, a measure relating to common schools was promised, and it was declared that the time had come when the question of free schools must be met and disposed of by the Legislature. As Mr. Hatheway was Premier of the Government which enacted the present free school, law he must receive clue credit for that achievement, which was certainly one of the very highest importance to the Province. The Hon. Mr. King was undoubtedly the champion who fought it out, and whose exertions at the polls at the next general election, were the means of making it secure. But Mr. Hatheway must be commended for the bold manner in which he risked the existence of his Government upon this important piece of legislation. The school system of the Province at this time, although it cost a great deal of money, was very unsatisfactory. Under its operation not more than one-half as many schools were kept open as were necessary for the proper education of the youth of the country, and the attendance was irregular. The teachers depended very largely for their incomes on their Government allowance. The Provincial expenditure for the year 1870, the last under the old school system, was upwards of $88,000, while the local contributions for salaries, were estimated at about $115,000, a considerable part of which was paid, not in money, but in board. The system of boarding around the teacher, still existed in many rural districts. This system had come into existence at a time when money was scarce, and there was some excuse for its adoption, hut it is an extraordinary fact that it should have survived until so recent a period as the year 1870. The number of trained teachers in the Province at this time, was about 700, while some 225 untrained teachers were employed. The training received by these teachers, however, was much less thorough than that which is required at the present time, three months at the Normal School being deemed sufficient to qualify a teacher for his work. In some of the counties the schools were extremely deficient, and all over the Province not more than two-thirds of the children who should have been attending school, were receiving an education.

When it is remembered that up to that time public opinion in the Province had apparently been adverse to a free school law, it is remarkable how little opposition the measure encountered in the Legislature or out of it. The bill was introduced by the Hon. Mr. King on the 12th of April, and ordered to be printed. It was considered before-the House in committee on the 24th of April, six members voting against the bill, and thirteen for it. The bill was further considered in committee for several days, and on the question of taking up the bill section by section, the vote was twenty-four to fourteen, among its opponents being the Speaker, Dr. Vail. The most important division was that taken on the 5th of May, when it was resolved that a new section be added to the bill, that all schools conducted under its provisions should he non-sectarian. This was carried by a vote of 25 to 10. The bill was then passed and went up to the Legislative Council for their consideration.

The school bill was received by the Legislative Council on the 6th of May, and it was considered in committee on the 16th. An amendment was moved to it, that all schools existing at the time of the passing of the bill, and all schools to be hereafter established, whether separate or common schools, should, provided they complied with the requirements thereof, be entitled to their share of the district assessment and other funds for the support of schools. This amendment was supported by six members of the Council and opposed by six, so that it did not carry and there was no further division on the bill, which was agreed to. If the amendment had carried it would have destroyed the principle for which the promoters of the bill were contending, that the schools under it should be free and non-sectarian.

The difficulties involved in carrying a free and non-sectarian school law in New Brunswick was very great. Many persons in the Province were opposed to the principle of free schools altogether, and thought that the education of the children should be placed on the shoulders of their parents. Many looking to the Mother Country as an example to be imitated, argued that if free schools did not exist there, we in New Brunswick did not need them. As Massachusetts had been the first community on this continent to adopt free schools, and also the first to rebel against the royal authority, there was thought by many to he something republican and revoluntionary in the free school idea. The non-sectarian features of the school bill also brought a large body of opponents into the field. It soon became evident that the entire Roman Catholic population of the Province, as far as its views could be heard, was hostile to non-sectarian schools. While the bill was being discussed, numerous petitions were received, asking that in any school bill that might be passed, provision should be made for denominational schools, especially for Catholic schools. Some of these petitions were very numerously signed, the largest being from St. John, where three petitions received nearly 2,000 signatures. Gloucester came next, and the petitions from that county against the school bill were signed by about 1,000 persons. Most of these petitions were headed by the Parish Priest, while two of them were signed by the Roman Catholic bishops of St. John and Chatham. The work of petitioning against the bill, led to petitions in its favor being sent forward, and one from St. John with about 1,200 signatures, asked that the schools under the bill be free and non-sectarian. The opposition of the Roman Catholics to the school bill was a serious matter, but almost equally serious was the hostility of a large proportion of the members of the Church of England, especially among the clergy. In Great Britain the schools have been largely under the control of the clergy of the Church of England, and it was quite natural that there should be among the adherents of that church in this Province, a feeling in favor of schools controlled by that denommination. On the other hand the Presbyterians, Methodists, and Baptists, as well as a considerable portion of the adherents of the Church of England, stood up for non-sectarian schools. Few people realized at the time how important a battle was being fought, and it was not until the bill had become law, that the struggle for free schools, free from denominational control, became acute. The enemies of the free schools used all their weapons both at the polls and in the courts, to have it nullified, and those who won the battle, therefore, owe them no thanks for their moderation in the matter. They have won the fight which was by all odds the most important after Confederation, of any that has ever been fought since this Province enjoyed Responsible Government, but it is fitting that they should show moderation in their triumph, and administer the law justly and for the benefit of all.

The free school law came into operation on the first of January, 1872, but in the meantime, the Board of Education and the Chief Superintendent were empowered to take such preliminary action as was thought necessary in the work of organization, as it was desirable that the business should be inaugurated as thoroughly as possible. Mr. Theodore H. Rand, who had filled a similar position in Nova Scotia, was appointed Chief Superintendent of the schools of New Brunswick. The change in the school system was of so radical a character that everything had to be constructed anew, and Mr. Rand, who was an excellent organizer, performed the duties of his office with marked ability. While the school law was the work of Attorney General King, the system under which it is operated, was the creation of Mr. Rand. It cannot be denied that this school law has given an immense impulse to the cause of education in New Brunswick, and has placed within the reach of every child the means of acquiring a sufficient amount of schooling to answer the ordinary purposes of life. The free school system takes a child through all the grades up to the highest, and fits him for the University.

One of the immediate effects of the new school law was to abolish all the special grants which had been given to denominational schools and academies. These had amounted during the last year they were given, to about $8,000. The largest institutions which were effected by this change, were the Wesleyan Academy at Sackville, which received $1,200 a year; the Madras School, which received $800; the Roman Catholic Schools at Fredericton, St. John, and other places in the Province, which received in the aggregate $2,400; and the Baptist Seminary at Fredericton, which received $600. From this time the work of supporting these schools was placed on the denominations to which they belonged.

When the Legislature met on the 29th of February, 1872, the Lieutenant Governor was able to inform the members that the act relating to-common schools had been inaugurated with the most encouraging prospects. The stimulus which this measure gave to the cause of education was really surprising, and showed that the change in the educational system of the Province had come none too soon. The number of pupils who attended the schools during some part of the year rose from less than 45,000 in 1871, to upwards of 60,000 three years later, and soon these figures were largely increased. The number of schools rose in three years, from less than 900 to 1,051, and it has since risen to upwards of 1,800. These results of the operation of the school law are the best justification of the passing of this most important measure.