WILMOT acquired a good
legal practice soon after his admission to the bar, and was recognized
as a highly successful advocate in cases before a jury. In the opinion
of the legal profession he never was a deeply read lawyer, either as a
barrister or as a judge, but in the conduct of a case at nisi prius he
could hardly have been surpassed. He had the gift which has been
possessed by all great advocates, of seizing on the leading feature of a
case, and, regardless of all minor issues, pressing it home on the minds
of the jury. His eloquent and impressive speeches on behalf of his
clients soon began to attract general attention, and the courthouse was
thronged when it was known that he was about to address a jury. He was
speedily marked as the proper person to represent the views of the
people in the House of Assembly, and, on a vacancy occurring in the
representation of the county of York in consequence of the death of one
of the members in the summer of 1834, Wilmot was elected without
opposition, none of the government party having the courage to oppose
him. Before the time came round for the meeting of the legislature, the
House was dissolved by Sir Archibald Campbell, in the hope that he might
be able to get an assembly more amenable to his wishes, and, at the
general election which followed, Wilmot was again elected, at the head
of the poll. At that time he had barely completed his twenty-fifth year.
It was a great triumph for Wilmot and the friends of Reform, for all the
influence of the friends of the governor and the Family Compact was
arrayed against him.
Mr. Wilmot took his
seat as a member of the House of Assembly on January 25th, 1835. Young
as he was, he had already made a great reputation as a public speaker,
and there was no man in the legislature or in the province who could
stand any comparison with him in point of eloquence. Indeed, it is
doubtful whether the British North American provinces have ever produced
a man who was Wilmot’s superior in that style of oratory which is so
telling on the hustings or where great masses of men are to be moved.
The evidence of this fact does not rest on the testimony of his
countrymen alone, for he acquired a wider fame for eloquence than they
could give him. At the Portland Railway Convention of 1850, where the
ablest men of the Northern States were gathered, he easily eclipsed them
all by his brilliant and powerful oratory. The reporters are said to
have thrown down their pencils in despair, being unable to keep pace
with him as he aroused the enthusiasm of all who heard him by his
burning words. Unfortunately, there is no form of ability which is so
transient in its effects as this perfervid style of oratory. So much of
its potency depends on the action of the speaker, on the glance of his
eye and the modulation of his voice, that no report could do justice to
it, even if there had been reporters at that time capable of putting
down every word he uttered. The speeches of even Gladstone, when
reported word for word, read but indifferently when seen in cold type,
and no speech of Wilmot’s was ever properly reported. He was incapable
of writing out a speech after he had delivered it, so that we must take
the united testimony of his contemporaries, whether friends or enemies,
that he was, upon his own ground, an unequalled speaker.
The House in which he
now found himself was not one that was remarkable for its eloquence.
Unlike most of the legislatures of the present day, the proportion of
lawyers was very small, there being only five in a House of thirty
members, and of these five the only one who was an orator was Wilmot.
The other twenty-five members were mostly business men and farmers, some
of whom could express their views on public questions clearly enough,
but had no pretensions to eloquence. Yet it was a good House, and one of
its best features was that its members were able to appreciate the worth
of the new representative from the county of York.
The aim of Wilmot, when
he entered the legislature, was to bring the province into line with the
principles of responsible government as understood in the mother
country. Yet, looking at the state of New Brunswick then, it is easy to
see that the task he had undertaken was one of enormous difficulty. Most
of the evils of which the people had been complaining still existed. The
casual and territorial revenue was still under the control of the home
authorities, the custom-house establishment still remained unreformed,
the Family Compact still controlled all the great public offices, and
none but members of the Church of England were thought worthy to serve
their country in a public capacity.
Two years earlier the
executive and legislative councils had been separated; but the change
had made little or no improvement in the system of government. The
executive council consisted of five members, all of whom held public
offices from which they could not be removed by any act of the
legislature. The first on the list was Baillie, the surveyor-general,
whose record has already been referred to; next came F. P. Robinson, the
auditor of the king’s casual revenue; another was William F. Odell,
whose father had been provincial secretary for twenty-eight years, and
who himself filled the same office for thirty-two years. George F.
Street, the solicitor-general, was another member of the executive, and
the last on the list was John Simcoe Saunders, who was advocate-general
and held three or four commissionerships besides. All these men were so
solidly entrenched in their positions that it seemed impossible they
should ever be disturbed. They formed a solid phalanx opposed to all
reform, and they were supported by the governor, Sir Archibald Campbell,
most of whose life had been spent in India and who, however well fitted
to govern Hindoos, was hardly the man to give laws to white men who
claimed to be free.
As soon as Wilmot
entered the House of Assembly, he began to take a leading part in its
debates. The very day he took his seat he was appointed on the committee
to prepare an address in reply to the speech from the throne. On the
following day he gave notice of a resolution with regard to the boundary
between Maine and New Brunswick, a subject that was then coming to the
front. A day or two later he brought in a bill to continue the Act to
provide for the expenses of judges on circuits. Indeed, no man was more
active during that first session than the new member for the county of
York.
There were two
questions that came up for discussion in which, as a Reformer, he was
specially interested,—the salaries of the customs establishment, and the
casual and territorial revenue. With regard to the latter, when the
House had been sitting about a month, the reply of the colonial
secretary to the address of the previous session was laid before it.
That address, it will be remembered, related to the offer which had been
made to the British government to take over the Crown lands and provide
for a civil list of fourteen thousand pounds sterling, the payments
expected from the New Brunswick Land Company to be included in this
arrangement. The reply of the colonial secretary was as follows:—
"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, and to place
them under the control of the legislature.
“From the course of
their proceedings, as well as the tenor of the present expression of
their sentiments, the assembly must be understood to consider it an
indispensable condition that the payments of the Land Company should be
comprised among the objects to be surrendered to them. This is a
condition to which His Majesty’s government cannot agree. His Majesty’s
government would also be unable to recognize the interpretation which
was placed on their former offer, so far as regards the control over the
lands belonging to the Crown in New Brunswick. Under these
circumstances, 1 can only desire you to convey to the assembly His
Majesty’s regrets that the objects of their address cannot be complied
with, and, adverting to the wide difference 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 anticipated from
making any further proposals at present respecting the cession of the
territorial 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 which had just been formed
under the premiership of Sir Robert Peel, and which lasted just one
hundred and forty-five days. The creation of this administration was due
to the action of King William IV, in dismissing his advisers on the
death of Earl Spencer, which removed Lord Althorp from the House of
Commons. The king had grown to detest his cabinet for their reforming
spirit, but his designs were thwarted by the failure of Sir Robert Peel
to form an administration capable of facing the House of Commons. As a
consequence, Viscount Melbourne again became premier, and a renewal of
the negotiations with the government in regard to the casual and
territorial revenues was rendered possible.
The House of Assembly
was still determined to keep the question of the casual and territorial
revenue to the front, and at a later period in the session another
address on this subject was prepared by the House of Assembly, to be
laid before His Majesty. In this address the grievances with regard to
the management of the Crown lands of New Brunswick were recited, and the
willingness of the legislature 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 from placing the net proceeds of
the Crown-land revenues under the control of the legislature. Attached
to this address was a schedule of salaries proposed to be 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. No specific answer was ever made to this proposal, a fact
which was probably due to the confusion, incident to the change of
government, which took place about the time the address reached Downing
Street.
Another matter which
engaged the attention of the House during this session, and in which
Wilmot took an active interest, was the settlement of the salaries of
the custom-house officials. Although the surplus revenue from this
source went into the provincial treasury, the amount thus received was
much less than it ought to have been, in consequence of the large
salaries which were paid to the officials. In the year 1830 the amount
of custom-house duties collected in the province was £16,616, 18s. 11d.
sterling, from which was deducted for salaries £7,073, 6s., or nearly
one-half of the whole amount. The House of Assembly objected to the
payment of such large salaries, and in 1831 proposed to the British
government to make a permanent annual grant of £4,250 sterling for the
payment of customs officials in New Brunswick. This proposal was
accepted, and in the following year a bill was passed in accordance with
this arrangement. But it was protested against by the customs
authorities in England and disallowed because the salaries of the
officers of customs were not made the first charge on the revenue.
During the session of 1835, an amended bill embracing this provision was
passed, and the question was settled for the time. Mr. Wilmot was not
satisfied with this arrangement, because it was a violation of the
principle that the House of Assembly should have control of the
provincial revenue, and he therefore voted against it. Nevertheless, the
measure apart from this violation of a fundamental principle, was a gain
to the province, as it placed a considerable sum additional in the
public treasury. |